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THE 


PUBLIC   RECORDS 


OF     THE 


COLONY  OF  CONNECTICUT, 

FROM  MAY.  1757,  TO  MARCH.  1762,  INCLUSIVE. 


TRANSCRIBED   AND    EDITED   IN   ACCORDANCE  WITH  A   RESOLUTION   OP  THE 

GENERAL    ASSEMBLY. 


BY    CHARLE8    J.    HOADLY, 


STATE     MBRAIUAN. 


HARTFORD : 

Press  op  The  Case,  Lockwood  &  Brainard  Company. 

1880. 


TT 


^1 


.^ 


PREFATORY    XOTE. 


These  sheets  contain  the  first  four  hundred  and  forty-six  pages 
of  the  ninth  manuscript  volume  of  the  Public  Records  of  the 
Colony. 

Neither  the  Journal  of  the  Governor  and  Council  nor  that  of 
either  branch  of  the  General  Assembly  during  the  years  which 
this  volume  embraces  are  known  to  be  extant. 

It  is  to  be  regretted  that  so  many  of  the  pay-rolls  of  the 
Connecticut  troops  who  served  in  the  French  war  are  missing 
from  our  archives  ;  as  thereby  several  worthy  officers,  who  took 
the  places  of  others  receiving  appointments  from  the  General 
Assembly  but  for  various  reasons  not  joining  the  army,  fail  of 
mention  in  these  pages. 

In  the  Appendix  are  the  Answers  to  Qtxeries  from  the  Board  of 
Trade,  1761-2,  from  copies  procured  at  the  Pubhc  FJecord  Office 
in  London. 

C.  J.  H. 

September   1,    1880. 


THE   PUBLIC   RECORDS 

OF    THE 

COLONY  OF  CONNECTICUT. 

[Vol.  IX.,  Page  1.] 

Anno  Regni  Regis  Creorgii  seeundi  trigesimo. 

At  a  General  Assembly  of  the  Governor  and  Company  of 
HIS  Majesty's  English  Colony  of  Connecticut  in  New 
England  in  America,  holden  at  Hartford  in  said  Colony 
ON  the  second^  Thursday  of  May,  (being  the  twelfth 
day  of  said  month,)  and  continued  by  several  adjourn- 
ments till  the  eighth  day  of  june  next  following, 
Annoque  Domini,  1757. 

Present  : 
The  Honourable  Thomas  Fitch,  Esq"",  Govetmor. 
The  Hon'''''  William  Pitkin,  Esq"",  Beputy  Crovernor. 

Roger  Newton,  Thomas  Wells, 

Ebenezer  Pilliman,         Benjamin  Hall, 

Jonathan  Trumble,        Roger  Wolcott,  Jun"", 

Hezekiah  Huntington,  Jonathan  Huntington, 

Andrew  Burr,  Daniel  Edwards, 

John  Chester, 

Representatives  or  Deputies   of  the  several   Toivns   hereafter 
mentioned  returned  to  attend  at  this  Assembly,  (viz :) 

Mr.  John  Ledyard,  Mr.  Nathaniel  Hooker,  for  Hartford. 

Capt.  Isaac  Dickerman,  Col.  David  Wooster,  for  New  Haven. 

Col.  Gurdon  Saltonstall,  Col.  Ste])hen  Lee,  for  New  London. 

Capt.  Thomas  Hill,  Mr.  Lothrop  Lewis,  for  Fairfield. 

Mr.  Nathaniel  Wales,  Mr.  Thomas  Stedman,  for  Windham. 

Col.  Ebenezer  Marsh,  for  Litchfield. 

Capt.  Jabez  Hunting-ton,  Mr.  Isaac  Tracy,  for  Norwich. 

Mr.  James  Brown,  Mr.  James  Fitch,  for  Norwalk. 

Col.  Jonathan  Hoit,  Mr.  Jonathan  Sillick,  for  Stanford. 

Mr.  Cornelius  Brooks,  Captain  Eliakim  Hall,  for  Wallingford. 

Col.  Joseph  Fowler,  Mr.  William  Williams,  for  Lebanon. 
1 


> 


Esq", 
Assistants. 


2  PUBLIC   RECORDS  [May, 

Col.  Shubael  Conant,  Mr.  William  Hall,  for  Mansfield. 

Mr.  David  Booth,  Mr.  John  Botchford,  for  Newtown. 

Mr.  John  Strong,  for  Farminotown. 

Mr.  Benjamin  Gale,  Capt.  Elnathan  Stephens,  for  Killing- 
worth. 

Mr.  Elisha  Williams,  Mr.  Hezekiah  May,  for  Weathersfield. 

Capt.  Gershom  Bulkley,Capt.  Elijah  Worthington, for  Colches- 
ter. 

Capt.  Josepli  Phelps,  for  Hebron. 

Capt.  Abijah  Catlin,  for  Harwington. 

Mr.  Hezekiah  Brainard,  for  Haddam. 

Capt.  Moses  Lyman,  Capt.  John  Beach,  for  Goshen. 

Mr.  David  Sherman,  Capt.  Elisha  Stoddard,  for  Woodbury. 

Capt.  Hezekiah  Whittlesey,  Capt.  Jedidiah  Chapman,  for  Say- 
brook. 

Mr.  Ebenezer  Williams,  Mr.  Jonathan  Dressor,  for  Pomfret. 

Mr.  James  Wadsworlh,  Col.  Elihu  Chauncey,  for  Durham. 

Mr.  Agur  Tomlinson,  Capt.  Robert  Fairchild,  for  Stratford. 

Mr.  Martin  Smith,  for  New  Hartford. 

Capt.  John  Humphry,  for  Symsbury. 

Maj""  David  Whitney,  Mr.  James  Beebe,  for  Canaan. 

Mr.  Thomas  Pierce,  Mr.  James  Bradford,  for  Plainfield. 

[2]  Mr.  David  Orcut,  for  Stafford. 

Mr.  Amos  Northrop,  Capt.  John  Hitchcock,  for  New  Milford. 

Mr.  John  Clap,  Mr.  Nathaniel  Sacket,  for  Greenwich. 

Mr.  Comfort  Starr,  Mr.  John  Starr,  for  Danbury. 

Mr.  Isaac  Johnson,  Capt.  Jabez  Lyon,  for  Woodstock. 

Capt.  Robert  Dixon,  Mr.  John  Smith,  for  Voluntown. 

Capt.  Obadiah  Johnson,  Capt.  Jabez  Pitch,  for  Canterbury. 

Capt.  Samuel  Basset,  for  Derby. 

Capt.  Nathaniel  Harrison,  Mr,  Jonathan  Russel,  for  Branford. 

Mr.  Amos  Babcock,  Mr.  Elislia  Whiton,  for  Ashford. 

Capt.  WiUiam  Witter,  Mr.  Nathaniel  Brown,  for  Preston. 

Mr.  William  Wolcott,  Mr.  Alexander  Wolcott,  for  Windsor. 

Mr.  Thomas  Matthews,  Mr.  Gideon  Hotchkins,  for  Waterbury. 

Mr.  William  King,  Mr.  Uriah  Austin,  for  Suffield. 

Mr.  David  Brainard,  for  East  Haddam. 

Capt.  John  Williams,  Mr.  Josiah  Strong,  for  Sharon. 

Mr.  Jabez  Swift,  for  Kent. 

Mr.  John  Evert,  Mr.  Thomas  Chipman,  for  Salisbury. 

Mr.  Jacob  Dressor,  Mr.  Boaz  Sterns,  for  Killingsly. 

Mr.  Ephraim  Strong,  for  Milford. 

Mr.  Zebulon  West,  Capt.  Joshua  Wills,  for  Tolland. 

Capt.  Benjamin  Talcott,  Capt.  Joel  White,  for  Bolton. 

Mr.  John  Griswold,  Mr.  Samuel  Ely,  for  Lyme. 

Mr.  Samuel  Robinson,  Col.  Timothy  Stone,  for  Guilford. 


1757.]  OF    CONNECTICUT.  3 

Mr.  Samuel  Kimbeiiy,  for  Glassenbury. 

Mr.  Phineas  Strong,  for  Coventry. 

Mr.  Simeon  Minor,  Capt.  John  Williams,  for  Stonington. 

Col.  Christoplier  Avery,  Mr.  Dudley  Woodbridge,  for  Groton. 

Mr.  Edward  Collins,  Capt.  Ephraim  Terry,  for  Enfield. 

Col.  Jabez  Hamlin,  Mr.  Seth  Wetmore,  for  Middleton. 

Col.  Shubael  Conant,  Speaker    )  of  the  House  of  Repre- 
Capt.  Jabez  Huntington,  Clerk  )  sentatives. 

This  day  being  appointed  by  the  Royal  Charter  and  the  laws 
of  this  Colony  for  the  Election  of  the  public  officers  of  the 
Colony,  viz :  Governor,  Deputy  Governor,  Assistants,  Treas- 
urer, and  Secretary,  proclamation  was  made,  and  then  the 
votes  of  the  freemen  were  given  in  to  the  persons  appointed 
by  the  Governor,  Council  and  Representatives,  to  receive,  sort, 
and  count  them.  Which  persons  so  appointed  were  :  Roger 
Newton,  Ebenezer  Silliman,  Jonathan  Trumble,  Hezekiah 
Huntington,  Andrew  Burr,  John  Chester,  Thomas  Wells, 
Benjamin  Hall,  Roger  Wolcott,  Jun"",  Jonathan  Huntington, 
Daniel  Edwards,  John  Ledyard,  Hezekiah  Brainard,  David 
Wooster,  Samuel  Robinson,  Simeon  Minor,  Dudley  Wood- 
bridge,  Robert  Fairchild,  Jonathan  Hoit,  Jabez  Fitch,  Obadiah 
Johnson,  John  Williams,  and  Ebenezer  Marsh,  Esq^^,  who 
were  all  sworn  to  a  faithful  discharge  of  that  trust.  And  the 
votes  of  the  freemen  being  brought  in,  sorted,  and  counted. 

The  Honourable  Thomas  Fitch,  Esq'',  is  chosen  Governor  of 
this  Colony  for  the  year  ensuing. 

The  HoniJie  William  Pitkin,  Esq^  is  chosen  Deputy  Gov- 
ernor of  this  Colony  for  the  year  ensuing. 

Roger  Newton,  Esq"",  Ebenezer  Silliman,  Esq"",  Jonathan 
Trumble,  Esq"",  Hezekiah  Huntington.  Esq"",  Andrew  Burr, 
Esq"",  John  Chester,  Esq"",  Thomas  Wells,  Esq"",  Benjamin 
Hall,  Esq"",  Phineas  Lyman,  Esq"",  Roger  Wolcott,  Jun"",  Esq"", 
Jonathan  Huntington,  Esq"",  Daniel  Edwards,  Esq"",  were 
chosen  Assistants  for  the  year  ensuing. 

[3]  Joseph  Talcott,  Esq"",  is  chosen  Treasurer  of  this  Col- 
ony for  the  year  ensuing. 

George  Wyllys,  Esq^,  is  chosen  Secretary  of  this  Colony  for 
the  year  ensuing. 

The  Governor's  oath,  prescribed  by  the  law  of  this  Colony, 
and  the  oath  required  by  act  of  Parliament  relating  to 
Trade  and  Navigation,  were  administred  to  the  Hon^'e 
Thomas  Fitch,  Esq"",  (now  chosen  Governor)  by  the  Hon^'e 
William  Pitkin,  Esq"",  Deputy  Governor,  in  the  presence  of 
the  Assembly. 

The   Honh'«    William  Pitkin,  Esq"",    (now  chosen  Deputy 


4  PUBLIC   EECORDS  [May, 

Governor)  had  the  Deputy  Governor's  oath  prescribed  by  law 
administred  to  him  by  his  Honor  the  Governor  in  presence  of 
the  Assemblv. 

Tlie  Assistant's  oath  prescribed  by  law  was  administred 
to  Roger  Newton,  Esq"",  Ebenezer  Silliman,  Esq"",  Jonathan 
Trumble,  EsqS  Hezekiah  Huntington,  Esq"",  Andrew  Burr, 
Esq'",  John  Chester,  Esq"",  Thomas  Wells,  Esq"",  Benjamin 
Hall,  Esq'',  Roger  Wolcott,  Jun'',  Esq*",  Jonathan  Huntington, 
Esq"",  Daniel  Edwards,  Esq"",  (now  chosen  Assistants)  by  his 
Honor  the  Governor. 

The  Treasurer's  oath  provided  by  law  was  administred  to 
Joseph  Talcott,  Esq"",  (now  chosen  Treasurer)  by  his  Honor 
the  Governor. 

The  Secretary's  oath  provided  by  law  was  administred  to 
George  Wyllys,  Esq'',  (now  chosen  Secretary)  by  his  Honor 
the  Governor,  in  the  presence  of  the  Assembly. 

Ordered^  That  Roger  Wolcott,  Jun"",  Esq"",  and  Capt. 
Ephraim  Terry,  return  the  thanks  of  this  Assembly  to  the 
Rev'  M""  Peter  Reynolds,  for  his  sermon  delivered  (on  the 
12th  day  of  instant  May)  before  this  Assembly,  and  desire  a 
copy  thereof  that  it  may  be  printed. 

This  Assembly  do  appoint  the  Hon^'e  William  Pitkin,  Esq"", 
to  be  Chief  Judge  of  the  Superior  Courts  in  this  Colony  the 
year  ensuing. 

This  Assembly  do  appoint  Ebenezer  Silliman,  Roger  Wol- 
cott, Jun"",  Joseph  Fowler,  and  Daniel  Edwards,  Esq""*,  to  be 
Judges  of  the  Superior  Courts  in  this  Colony  the  year 
ensuing. 

This  Assembly  do  appoint  Jabez  Hamlin,  Esq%  to  be  Judge 
of  the  County  Court  in  and  for  the  county  of  Hartford  the 
year  ensuing. 

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

This  Assembly  do  appoint  Hezekiah  Huntington,  Esq"",  to  be 
Judge  of  the  County  Court  in  and  for  the  county  of  New 
London  the  year  ensuing. 

This  Assembly  do  appoint  Andrew  Burr,  Esq"",  to  be  Judge 
of  the  County  Court  in  and  for  the  county  of  Fairfield  the 
year  ensuing. 

This  Assembly  do  appoint  Jonathan  Trumble,  Esq"",  to  be 
Judge  of  the  County  Court  in  and  for  the  county  of  Wind- 
ham the  year  ensuing. 

Tliis  Assembly  do  appoint  John  Williams,  Esq'',  to  be  Judge 
of  the  County  Court  in  and  for  the  county  of  Litchfield  the 
year  ensuing. 


1757.]  OF    CONNECTICUT.  5 

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

This  Assembly  do  appoint  John  Hubbard,  Esq"",  to  be  Judge 
of  the  Court  of  Probate  for  the  district  of  New  Haven  the 
year  ensuing. 

This  Assembly  do  appoint  Gurdon  Paltonstall,  Escc,  to  be 
Judge  of  the  Court  of  Probate  for  the  district  of  New  London 
the  year  ensuing. 

This  Assembly  do  appoint  Andrew  Burr,  Esq"",  to  be  Judge 
of  the  Court  of  Probate  for  the  district  of  Fairfield  the  year 
ensuing. 

This  Assembly  do  appoint  Jonathan  Trumble,  Esq"",  to  be 
Judge  of  the  Court  of  Probate  for  the  district  of  Windham 
the  year  ensuing. 

This  Asseml)iy  do  appoint  Timothy  Stone,  Esq"",  to  be 
Judge  of  the  Court  of  Probate  for  the  district  of  Guilford  the 
year  ensuing. 

This  Assembly  do  appoint  Daniel  Sherman,  Esq"",  to  be 
Judge  of  the  Court  of  Probate  for  the  district  of  Woodbury 
the  year  ensuing. 

[4]  This  Assembly  do  appoint  Jonathan  Hoit,  Esq'",  to  be 
Judge  of  the  Court  of  Probate  for  the  district  of  Stanford 
the  year  ensuing. 

This  Assembly  do  appoint  Joseph  Spencer,  Esqr,  to  be 
Judge  of  the  Court  of  Probate  for  the  district  of  East  Had- 
dam  the  year  ensuing. 

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

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

This  Assembly  do  appoint  Hezekiah  Huntington  Esq"",  to  be 
Judge  of  the  Court  of  Probate  for  the  district  of  Norwich  the 
year  ensuing. 

This  Assembly  do  appoint  John  Creary,  Esq"",  to  be  Judge 
of  the  Court  of  Probate  for  the  district  of  Plainfield  the  year 
ensuing. 

This  Assembly  do  appoint  Jabez  Hamlin,  Esq"",  to  be  Judge 
of  the  Court  of  Probate  for  the  district  of  Middletown  the 
year  ensuing. 

This  Assembly  do  appoint  Timothy  Sabin,  Esq%  to  be 
Judge  of  the  Court  of  Probate  for  the  district  of  Pomfret 
the  year  ensuing. 

This  Assembly   do   appoint  John   Williams,   Esq"",  to  be 


6  PUBLIC   RECORDS  [May, 

Jud2:e  of  the  Court  of  Probate  for  the  district  of  Sharon  the 
year  ensuing. 

This  Assembly  do  appoint  Joseph  Buckingham,  Joseph 
Pitkin,  William  Wolcott,  and  John  Humphry,  Esq""-",  to  be 
Justices  of  the  Peace  and  Quorum  in  and  for  the  county  of 
Hartford  the  year  ensuing. 

This  i^ssembly  do  appoint  Jabez  Hamlin,  Joseph  Talcott, 
George  Wyllys,  John  Ledyard,  Thomas  Hosmer,  Jonathan 
Hills,  Elizur  Goodrich,  Jonathan  Belding,  Daniel  Bissell, 
Samuel  Eno,  Pelatiah  Mills,  Joseph  Hooker,  Solomon  Whit- 
man, Thomas  Hart,  Jared  Lee,  Joseph  White,  Thomas  John- 
son, Seth  Wetmore,  Benjamin  Stilman,  Joseph  Southmayd, 
Joseph  Wilcockson  2d,  John  Owen,  Jonathan  Hale,  Hezekiah 
Brainard,  Joseph  Wells,  Joseph  Spencer,  Daniel  Cone, 
Nathaniel  Foot,  Epaphras  Lord,  John  Hooker,  Joseph  Hart, 
John  Waters,  Jonathan  Kilborn,  jun"",  Joseph  Phelps,  John 
Phelps,  Samuel  Gilbert,  jun"",  Alexander  Phelps,  Samuel 
Kent,  jun%  Zebulon  West,  Thomas  Pitkin,  Ephraim  Terry, 
John  Mirick,  Daniel  Alden,  Samuel  Reynolds,  Isaac  Pinney, 
Hezekiah  Gridley,  John  Day,  Esq'"^,  to  be  Justices  of  the 
Peace  in  and  for  the  county  of  Hartford  the  year  ensuing. 

This  Assembly  do  appoint  Benjamin  Hall,  Esq'',  Justice  of 
the  Quorum  in  and  for  the  county  of  New  Haven  the  year 
ensuing. 

This  Assembly  do  appoint  John  Hubbard,  Elihu  Chauncey, 
and  Timothy  Stone,  Esqi's,  to  be  Justices  of  the  Peace  and 
Quorum  in  and  for  the  county  of  New  Haven  the  year  ensu- 
ing. 

This  Assembly  do  appoint  Robert  Treat,  Isaac  Dickerman, 
John  Prout,  Deodate  Davenport,  Isaiah  Tuttle,  Samuel  Sher- 
man, Chauncey  Whittlesey,  Nathan  Baldwin,  Theophilus  Ros- 
siter,  Samuel  Robinson,  Nathaniel  Ruggles,  John  Graves, 
John  Russel,  Nathaniel  Harrison,  Jonathan  Russel,  Josiah 
Rogers,  jun"",  Samuel  Hall,  John  Hall,  Elihu  Hall,  Ezekiel 
Royce,  James  Wadsworth,  Thomas  Matthews,  Thomas  Clark, 
Thomas  Brunson,  jun"",  Samuel  Basset,  Samuel  Riggs,  Timo- 
tliy  Russel,  Daniel  Holebrook,  Caleb  Merriman,  and  John 
Whiting,  Esqfs,  to  be  Justices  of  the  Peace  in  and  for  the 
county  of  New  Haven  the  year  ensuing. 

This  Assembly  do  appoint  John  Griswold,  Christoplier 
Avery,  Isaac  Huntington,  and  Richard  Lord,Esq''%  to  be  Jus- 
tices of  the  Peace  and  Quorum  in  and  for  the  county  of  New 
London  the  year  ensuing. 

This  Assembly  do  appoint  Elnathan  Stephens,  Jonathan 
Lane,   Joseph   Wilcocks,   Aaron   Eliot,   Jedidiah    Chapman, 


1757.]  OF    CONNECTICUT.  7 

Nathaniel  Clark,  John  Tully,  Hezekiah  Whittlesey,  Samuel 
Dimock,  Daniel  Ely,  Benjamin  Lee,  Samuel  Ely,  John  Lay, 
3d,  Gurdon  Saltonstall,  Joshua  Hemstead,  Daniel  Coit,  Pygan 
Adams,  Adonijah  Pitch,  Luke  Perkins,  William  Williams, 
[5]  Nathan  Smith,  ||  Ebenezer  Avery,  Simeon  Minor,  Joseph 
Dennison,  Samuel  Prentice,  Nehemiah  Palmer,  Samuel  Mor- 
gan, Samuel  Coit,  Willi&,m  Witter,  Jabez  Hide,  Ebenezer 
Backus,  Jabez  Huntington,  William  Whiting,  Jacob  Perkins, 
Esqf^  to  be  Justices  of  the  Peace  in  and  for  the  county 
of  New  London. 

This  Assembly  do  appoint  Jonathan  Hoit,  David  Rowland, 
Samuel  Fitch,  and  John  Read,  Esq^^,  to  be  Justices  of  the 
Peace  and  Quorum  in  and  for  the  county  of  Fairfield  the  year 
ensuing. 

This  Assembly  do  appoint  Robert  Walker,  Theophilus 
Nichols,  Samuel  Adams,  Robert  Fairchild,  William  Peet, 
Ichabod  Lewis,  William  Burr,  Samuel  Sherwood,  Moses 
Dimon,  James  Lockwood,  Joseph  Plat,  Elias  Betts,  Theophi- 
lus Fitch,  Jonathan  Maltbie,  Abraham  Davenport,  Nathaniel 
Peck,  Samuel  Olmstead,  Samuel  Smith,  3d,  Thomas  Benedict, 
Samuel  Gregory,  Ephraim  Hubbel,  Thomas  Towsey,  Caleb 
Baldwin,  Ebenezer  Mead,  Nathaniel  Sacket,  and  Lothrop 
Lewis,  Esq'%  to  be  Justices  of  the  Peace  in  and  for  the 
county  of  Fairfield  the  year  ensuing. 

This  Assembly  do  appoint  Shubael  Conant,  John  Dyar, 
Jabez  Fitch,  and  Joshua  West,  Esq^^  to  be  Justices  of 
the  Peace  and  Quorum  in  and  for  the  county  of  Windham  the 
year  ensuing. 

This  Assembly  do  appoint  Ebenezer  West,  Joseph  Fowler, 
sJoseph  Levens,  Joseph  Clark,  William  Metcalfe,  Nathaniel 
Huntington,  Eliphalet  Dyar,  Stephen  Fuller,  Samuel  Gray, 
Jedidiah  Elderkin,  Joseph  Cady,  Samuel  Danielson,  Jacob 
Dresser,  John  Creary,  Benjamin  Wheeler,  Ezekiel  Pierce, 
Joseph  Stores,  Phineas  Strong,  Joseph  Strong,  jun"",  Silas 
Long,  Timothy  Sabin,  Ebenezer  Williams,  William  Osgood, 
John  Smith,  Robert  Dixon,  Jeremiah  Keeney,  Samuel  Chand- 
ler, Thomas  Chandler,  Ebenezer  Wales,  Samuel  Wood, 
Amos  Babcock,  Samuel  Huntington  (of  Canterbury),  Tiiomas 
Williams  (of  Pomfret),  Thomas  Moffat,  Elijah  Whiton,  and 
Henry  Bowen,  Esq'"^  to  be  Justices  of  the  Peace  in  and  for 
the  county  of  Windham  the  year  ensuing. 

This  Assembly  do  appoint  Ebenezer  Marsh,  Noah  Hinman, 
Elisha  Sheldon,  and  Increase  Moseley,  Esq'"%  to  be  Justices  of 
the  Peace  and  Quorum  in  and  for  the  county  of  Litchfield 
the  year  ensuing. 


8  PUBLIC  RECORDS  [May, 

This  Assembly  do  appoint  John  Williams,  Thomas  Harri- 
son, Timothy  Collins,  Daniel  Castle,  Daniel  Sherman,  Daniel 
Averit,  Paul  Welch,  Bnshnel  Bostwick,  Roger  Sherman,  Tim- 
othy Hatch,  John  Ransom,  Samuel  Hutchinson,  James  Lan- 
don,  David  Whitney,  John  Beebe,  John  Beach,  Gideon 
Thompson,  John  Patterson,  Cyprian  Webster,  Isaac  Kellog'g, 
Ebenezer  Lyman,  John  Hutchinson,  John  Cook,  and  Elisha 
Stoddard,  Esqi's,  to  be  Justices  of  the  Peace  in  and  for  the 
county  of  Litchfield  the  year  ensuing. 

This  Assembly  do  appoint  Capt.  David  Hubbard  a  Justice  of 
the  Peace  for  the  county  of  Hartford  the  year  ensuing. 

This  Assembly  do  appoint  Abijah  Catling  to  be  a  Justice  of 
the  Peace  for  the  county  of  Litchfield  the  year  ensuing. 

Whereas  in  and  by  an  act  made  and  passed  by  this  Assem- 
bly in  October  last,  entituled  An  Act  in  addition  to  the  law  of 
this  Colony  entituled  An  Act  forming  and  regulating  the  mili- 
tia, and  for  the  encouragement  of  military  skill  for  the  better 
defence  of  this  Colony,  it  is  provided  that  the  chief  officers  of 
every  troop  or  foot  company  should  cause  the  arms  and  ammu- 
nition of  all  under  their  command  and  of  others  dwelling 
within  the  limits  of  their  respective  companies  to  be  viewed, 
not  only  on  the  first  Monday  of  May,  but  also  on  the  first 
Monday  in  October,  annually,  as  also  on  such  other  days  and 
times  as  they  should  be  thereto  required  by  the  colonel  or 
chief  officer  of  the  regiment  to  which  tliey  belong : 

Resolved  by  this  Assembly,  That  in  regard  to  tlie  threatn- 
ing  aspect  of  the  war  and  the  extraordinary  emergencies  that 
[6]  may  happen  at  this  season,  ||  the  colonels  of  the  several 
regiments  in  this  Colony  be,  and  they  are  hereby,  directed 
forthwith  to  cause  a  view  of  all  the  arms  and  ammunition  of 
the  several  companies  within  their  several  regiments,  and  of 
the  dwellers  within  the  limits  of  such  companies,  and  order 
that  they  are  compleatly  provided  with  arms  and  ammunition 
according  to  law  ;  and  order  the  captains  or  chief  officers  of 
the  several  companies  to  declare  to  and  require  all  the  soldiers 
to  hold  themselves  in  readiness,  on  the  shortest  notice,  to 
march,  either  in  wliole  or  in  part,  for  the  defence,  relief  and  suc- 
cour of  his  Majesty's  subjects,  according  to  such  commands, 
orders  or  directions,  as  shall  be  given  them  according  to  law. 

And  it  is  further  resolved  and  provided,  That  all  such 
officers  and  soldiers  who  shall  be  ordered  and  commanded  to 
go  to  (he  defence  or  relief  of  any  of  his  Majesty's  subjects 
out  of  this  Colony,  according  to  said  law,  and  shall  proceed 
in  such  service  according  to  the  commands  and  orders  given 
them,  shall  be  allowed  and  receive  the  same  wages  per  month 
as  the  officers  and  soldiers  in  the  service  of  the  present  year. 


0 

0 

0 

0 

10 

0 

10 

0 

0 

0 

0 

0 

14 

0 

1757.]  OF    CONNECTICUT.  9 

Resolved  hy  this  Assemhly^  That  there  be  provided  a  vessel 
of  force  for  the  defence'  of  the  navigation  and  coasts  of  this 
Colonj,  not  exceeding  one  hundred  and  forty  tons,  and  tliat 
proper  officers  for  said  vessel  be  appointed  by  this  Assembly. 
Resolved  hy  this  Assembly ,  That  the  vessel  of  war  that  shall  be 
provided  for  the  protection  of  the  navigation  and  sea-coast  of 
this  Colony  shall  be  manned  with  one  hundred  men,  including 
officers :  That  Capt.  Micliael  Burnham  be  Captain ;  that 
Capt.  Giles  Hall  be  Lieutenant ;  that  his  Honor  the  Governor 
be  desired  to  appoint  such  warrant  officers  as  may  be  neces- 
sary for  said  vessel ;  that  the  captain  be  purser  of  said  vessel, 
with  power  to  appoint  his  steward. 

Tliat  the  wages  for  officers  and  seamen  be,  viz  : 
Captain,         '  per  month,  £7 

Lieutenant,  ditto,  5 

Master,  '  ditto,  3 

Doctor,  ditto,  3 

Other  Warrant  Officers,  ditto,  3 

Able  Seamen,  ditto,  2 

Ordinary  Seamen,  ditto,  1 

That  the  officers  and  seamen  have  the  one-half  of  all 
prizes  taken  by  said  vessel,  and  to  be  divided  in  the  follow- 
ing proportion,  viz  :  Captain  six  shares,  lieutenant  4  shares, 
master  3  shares,  the  doctor  3  shares,  and  other  warrant  offi- 
cers 2  shares,  able  seamen  1^  share,  ordinary  seamen  1  share. 

An  Act  for  granting  and  levying  a  Tax  on  the  Polls  and  Rateable  Estate 

of  tills  Colony. 

This  Assembly  grants  a  rate  of  three  pence  on  the  pound 
on  the  polls  and  rateable  estate  of  this  Colony,  according  to 
the  list  brought  in  October  last  with  the  additions,  to  be  paid 
into  the  treasury  by  the  last  of  December  next  in  lawful 
silver  money,  viz  :  a  Spanish  mill'd  dollar  at  six  shillings,  and 
other  coin'd  silver  according  to  the  value  at  that  rate,  or  in 
standard  gold  at  five  pounds  per  ounce  troy-weight,  or  in 
bills  emitted  by  this  Assembly  since  the  first  day  of  January, 
1755,  or  in  pork  @  51s.  per  barrel,  beef  @  oOs.  per  barrel, 
wheat  @  3s.  Qd.  per  bushel,  rye  @  2s.  per  bushel,  Indian  corn 
(a)  Is.  9d.  per  bushel,  flax  (cb,  4d.  per  pound ;  all  to  be  good 
and  merchantable  ;  with  a  deduction  to  be  made  on  each 
article  for  the  carriage  thereof  to  the  nearest  place  of  trans- 
portation to  the  town  from  whence  it  is  carried,  according  to 
the  customary  price  of  carriage  from  each  town.  The  said 
[7]  produce  to  be  ||  received  and  disposed  of  and  turned  into 
money  or  bills  of  this  Colony  and  paid  into  the  treasury  by 
such  persons  as  is  provided  and  directed  by  one  statute  of 
this  Colony  entituled  An  Act  to  supply  the  treasury  in  the 
present  extraordinary  emergencies  of  government  and  for 
2 


10  PUBLIC    RECORDS  [Maj, 

creating  and  issuing  bills  of  credit,  made  and  passed  in  March 
1755  ;  which  tax  shall  be  disposed*  of  for  the  paying  the 
debts  and  charges  of  this  Colony. 

An  Act  laying  a  Duty  on  Shipping  for  Support  of  a  Vessel  of  War. 

Be  it  enacted  by  the  Governor^  Council  and  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  from  and  after  the  first  day  of  July  next,  the  master  of 
every  coasting  vessel  owned  either  in  whole  or  in  part  by  the 
inhabitants  of  this  Colony,  who  shall  clear  out  for  any  port 
not  beyond  Pliiladel]3hia  in  the  government  of  Pennsylvania, 
or  Halifax  in  the  Province  of  Nova  Scotia,  shall,  for  every 
such  vessel  so  to  be  cleared  out,  pay  to  the  naval  officer  for 
the  use  of  this  Colony  the  sum  of  three  pence  per  ton  each 
time  such  vessel  is  cleared  out.  And  that  all  masters  of  ves- 
sels owned  as  abovesaid  and  to  be  cleared  out  for  any  port  or 
ports  more  remote  than  said  Halifax  or  Philadelphia  shall 
pay  to  the  naval  officer  granting  such  clearance  the  sum  of 
six  pence  per  ton.  And  that  all  masters  of  vessels  not 
owned  by  the  inhabitants  of  this  Colony  shall,  when  and 
so  often  as  they  shall  enter  any  such  vessel  at  any  naval  office 
in  this  Colony,  pay  and  render  to  such  naval  officer  the  sum 
of  one  shilling  per  ton.  All  such  tonnage  to  be  computed  by 
the  carpenter's  rule.  And  that  every  naval  officer  shall  pay 
and  deliver  the  moneys  so  by  him  received,  (his  own  just  fees 
deducted,)  to  the  Treasurer  of  this  Colony  for  the  use  of  this 
Colony,  keeping  true  and  clear  accounts  thereof  and  of  the 
Treasurer  taking  two  receipts  of  the  same  tenor  and  date,  one 
of  which  to  be  by  him  lodged  with  the  Secretary  of  this  Col- 
ony. 

Provided,  This  act  continue  in  force  until  the  first  day  of 
July  A.  JDom.  1758,  and  no  longer. 

An  Act  for  laying  and  collecting  a  Duty  on  Tea  and  sundry  Sorts  of 

Goods. 

Be  it  enacted  by  the  Governor,  Council  and  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  from  and  after  the  first  day  of  July  next  there  shall 
be  paid  a  duty  of  six  pence  for  every  pound  weight  of  tea 
brought  into  this  Colony  either  by  water  or  land  carriage. 
And  that  from  and  after  the  said  first  day  of  July  next 
there  shall  be  paid  a  duty  of  five  pounds  for  every  hundred 
pounds  worth  of  other  goods,  wares  and  merchandize,  save 
only  such  as  are  hereafter  excepted,  brought  into  this  Colony 
for  sale  either  by  water  or  land  carriage  by  all  and  every  per- 
son and  persons  who  are  not  inhabitants  within  the  same  ;  the 
value  of  which  goods,  wares  or  merchandize  at  the  place  or 
port  from  whence  they  shall  be  brought  shall  be  esteemed 
and  allowed  to  be  the  value  thereof ;  and  the  said  duties  shall 


1757.]  OF     CONNECTICUT.  11 

be  paid  accordingly  at  the  rate  aforesaid  for  greater  or  lesser 
quantity. 

And,  that  the  said  duties  hereby  laid  may  be  effectually  col- 
lected and  paid,  be  it  further  enacted  by  the  authority  afore- 
said, That  the  collectors  of  excise  annually  chosen  and 
appointed  in  each  and  every  of  the  respective  towns  in  this 
Colony  shall  collect  and  receive  all  such  duties  as  shall 
become  due  and  payable  by  virtue  of  this  act.  That  every 
person  or  persons  who  shall  after  the  said  first  day  of  July 
next  import  or  otherwise  bring  into  this  Colony  any  tea  shall, 
within  three  days  next  after  such  bringing  into  this  Colony 
and  before  any  sale,  disposition  or  consumption  thereof  or  of 
any  parcel  thereof  be  made,  deliver  to  such  collector  a  mani- 
fest under  his  or  their  hands,  containing  a  true  account 
of  the  weight  of  such  tea,  and  make  oath  to  the  truth  of  the 
account,  and  that  it  is  the  whole  by  him  or  them  imported  or 
otherwise  brought  in  at  that  time,  before  some  Assistant 
or  justice  of  the  peace,  if  required  thereto  by  such  collector ; 
[8]  II  at  which  time  the  importer  or  owner  of  such  tea  shall  pay 
to  such  collector  the  duty  laid  by  this  act ;  or  if  the  quantity  be 
more  than  three  hundred  weight,  may  give  bond  with  a  good 
surety  to  the  Treasurer  of  this  Colony  for  the  payment  there- 
of with  the  lawful  interest,  to  be  paid  within  three  months  at 
the  farthest  from  that  time.  That  all  and  every  person  or 
persons  not  being  inhabitants  within  this  Colony'  who  shall 
bring  in  by  water  or  land  carriage  any  goods,  wares  or  mer- 
chandize, for  sale,  shall  within  three  days  next  after  such 
importation  or  bringing  into  this  Colony,  and  before  any  sale 
or  disposition  thereof  or  of  any  parcel  thereof,  deliver  to 
such  collector  a  manifest  under  his  or  their  hands,  containing 
a  true  account  of  the  quantity  and  value  of  such  goods,  and 
shall  make  oath  to  the  truth  thereof,  shall  before  some  Assist- 
ant or  justice  of  the  peace,  if  thereto  required  by  such  col- 
lector ;  at  which  time  the  importer  or  owner  of  such  goods 
shall  give  a  bond  with  a  good  surety  to  the  Treasurer  of  this  Col- 
ony for  the  payment  of  the  duty  laid  by  this  act,  to  be  paid 
within  three  months  at  the  farthest  from  that  time.  And  in 
case  any  part  of  such  goods  unsold  shall  be  exported  or  car- 
ried out  of  this  Colony  within  said  three  months,  the  importer 
or  owner  shall  be  allowed  out  of  his  said  bond  at  the  rate 
of  five  per  cent,  for  such  goods  so  carried  or  transported  out 
as  aforesaid. 

That  if  any  person  or  persons  shall  neglect  or  refuse  to  con- 
form to  this  act,  by  not  giving  a  manifest  or  attesting  thereto 
when  required,  or  in  not  paying  the  said  duties  or  giving 
security  therefor,  according  to  the  direction  in  this  act  con- 


12  PUBLIC   RECORDS  [May, 

tained,  all  such  tea,  goods,  wares  and  merchandize,  by  him  or 
them  so  imported  or  brought  into  this  Colony  shall  be  for- 
feited, one  half  to  the  Colony  Treasurer  for  the  use  of  the 
government,  and  the  other  lialf  to  him  or  them  who  shall  in- 
form thereof  and  prosecute  such  information  to  effect.  That 
the  said  tea,  goods,  wares  and  merchandize,  or  part  thereof, 
may  be  accordingly  seized  by  such  collector  or  by  warrant 
from  any  one  Assistant  or  justice  of  the  peace,  and  on  informa- 
tion made  to  any  court.  Assistant  or  justice  of  the  peace  proper 
to  try  the  same,  when  the  same  cannot  be  seized  as  aforesaid,  the 
said  court,  assistant  or  justice  of  the  peace  may  proceed  to 
hear  and  determine  the  cause  and  give  judgment  therein, 
either  for  tlie  forfeiture  of  such  tea,  goods,  wares  and  merchan- 
dize as  shall  be  seized  and  order  the  same  to  be  sold  for  the 
purposes  aforesaid,  or  in  case  there  be  no  seizure,  then  judg- 
ment shall  and  may  be  given  for  the  forfeiture  of  the  value  of 
such  tea  and  of  such  goods  so  imported  and  brought  into  this 
Colony  for  which  no  duties  have  been  paid  or  secured  to 
be  paid  as  aforesaid,  against  such  person  or  persons  as  hath 
imported  or  brought  the  same  into  this  Colony  contrary  to  the 
intent  and  meaning  of  this  act,  and  award  execution  thereon 
accordingly.  In  the  tryal  wliereof  the  burthen  of  proof 
respecting  the  conformity  to  this  act  shall  lie  on  the  importer 
or  claimer  of  such  tea,  goods,  wares  and  merchandize.  That 
where  securities  or  bonds  are  taken  for  such  duties  as  afore- 
said, and  the  money  not  paid  by  the  time  set,  the  collector  to 
whom  the  same  was  delivered  is  hereby  authorized  and  fully 
impowered  to  put  the  same  in  suit  and  a])pear  and  prosecute 
the  same  to  all  intents  and  purposes,  for  the  recovery  thereof. 
And  the  said  collectors,  respectively,  are  hereby  fully  author- 
ized and  impowered  to  sue  for  and  recover  all  forfeitures 
[9]  which  shall  become  due  to  the  Treasurer  of  this  Colony  || 
by  virtue  of  this  act  within  the  respective  towns  for  which 
they  are  appointed.  And  the  said  collectors  and  each  of 
them  shall  render  and  make  up  their  accounts  with  the  Treas- 
urer, and  fully  f)ay  in  the  sum  or  sums  collected  or  due  for 
duties  and  forfeitures  as  aforesaid,  by  the  first  day  of  May 
next  after  the  year  for  which  they  were  chosen,  or  on  neglect 
thereof  shall  be  dealt  with  in  the  same  manner  and  form  as  is 
provided  in  case  of  their  neglect  to  ])ay  in  what  they  bave 
collected  for  excise. 

Provided  nevertheless^  That  nothing  in  this  act  shall  be 
understood  to  lay  a  duty  on  the  importation  or  bringing  into 
this  Colony  cast  and  slit  iron,  nails,  salt,  steel, beaver,  leather, 
deerskins,  fish  both  dry  and  pickled,  train  oyl,  whale-bone, 
rice,  warlike  and  naval  stores,  glass  and  lumber,  but  the  same 


1757.]  OF    CONNECTICUT.  13 

shall  be  free  from  such  duties  ;  anything  in  this  act  before 
contained  to  the  contrary  notwithstanding. 

Provided  also,  That  nothing  in  this  act  shall  be  understood 
and  construed  to  lay  any  further  duty  on  the  importation  of 
spiritous  liquors,  either  to  add  to  or  alter  the  impost  or  excise 
already  laid  on  the  same. 

And  it  is  further  enacted  hy  the  authority  aforesaid,  That 
each  town  in  this  Colony  shall  be  responsible  for  the  person 
who  shall  be  chosen  by  them  to  be  collector  of  excise,  that  he 
hath  a  sufficient  substance  for  the  security  of  the  money  that 
may  come  into  his  hands  for  excise,  and  also  the  duties  laid  in 
this  act. 

And  it  is  further  enacted  hy  the  authority  aforesaid,  That 

the  said  collectors  shall  be  sworn  to  a  faithful  discharge  of 

their  trust,  and  shall  have  a  reward  of  five  per  cent,  for  their 

service. 

An  Act  for  regulating-  and  licensing-  Pedlars,  Ha^wkers  and  Petty-Chap- 
men. 

Be  it  enacted  hy  the  Q-overnor,  Council  and  Representatives, 
in  General  Court  assemhled,  and  hy  the  authority  of  the  same. 
That  for  the  future  no  person  or  persons  whatsoever  shall  be 
permitted  to  traffick,  trade  or  deal  in  this  Colony  as  a  pedlar, 
hawker  or  petty-chapman,  but  such  as  are  duly  licensed 
thereto  by  the  judge  of  the  county  court  in  some  one  of  the 
counties  in  this  Colony. 

And  he  it  further  enacted  hy  the  authority  aforesaid,  That 
the  judge  of  the  county  court  in  each  county  in  this  Colony 
be,  and  hereby  is,  authorized  and  impowered,  upon  application 
to  him  made  for  that  purpose,  to  grant  a  license  to  the  per- 
son or  persons  applying  for  the  same,  to  be  a  pedlar,  hawker 
or  petty-cha]}man  ;  for  which  license  he  shall  take  and 
receive  the  sum  of  five  pounds  to  and  for  the  use  of  this  Col- 
ony, and  also  the  sum  of  four  shillings  as  a  fee  and  reward  ; 
and  the  said  judges  are  hereby  directed  to  make  proper  min- 
utes and  memorandums  of  their  doings  therein  and  give  cer- 
tificates thereof  wlien  thereto  requested,  and  shall  also  trans- 
mit such  money  they  shall  respectively  receive  for  every  such 
license  to  the  Treasurer  of  this  Colony,  and  shall  take  two 
receipts  of  said  Treasurer  of  equal  tenor  and  date,  one  of 
which  shall  be  lodged  with  the  Secretary  of  this  Colony. 

And  he  it  further  enacted  hy  the  authority  aforesaid,  That 
every  such  license  shall  continue  in  force  and  be  a  sufficient 
warrant  to  the  person  licensed,  to  trade  and  deal  in  and 
through  this  Colony  one  full  year  from  the  date  thereof,  and 
no  longer. 

And  he  it  further  enacted  hy  the  authority  aforesaid,  That 


14  PUBLIC   RECORDS  [May, 

if  any  person  or  persons  shall  presume  to  trade,  deal  or 
traffick  as  a  pedlar,  hawker  or  petty-chapman,  without  being 
duly  licensed  as  aforesaid,  every  such  person  or  persons  shall 
forfeit  all  such  goods,  wares  and  merchandize  so  b}^  him  or 
them  carried  about  and  exposed  to  sale,  the  one  half  to  him 
or  them  that  shall  inform  and  prosecute  such  information  to 
effect,  and  the  other  half  to  the  Treasurer  of  this  Colony  for 
the  use  of  the  government. 

[10]  And  it  is  further  enacted  hy  the  authority  aforesaid,  That 
any  person  may  demand  of  every  peddlar,  hawker  or  petty- 
chapman,  upon  his  offering  any  goods,  wares  or  merchandize 
to  sale,  his  license  or  authority  for  so  doing,  and  in  case  he 
shall  refuse  to  shew  the  same,  all  his  said  goods  and  wares 
may  be  seized  and  put  to  tryal  as  goods  offered  to  sale  by  ped- 
lars or  hawkers  without  license.  And  if  on  tryal  he  shall  be 
able  to  shew  a  lawful  license  therefor,  he  shall,  notwithstand- 
ing, pay  the  cost  of  prosecution.  And  the  several  King's 
attorneys  in  this  Colony  are  hereby  impowered  and  directed 
specially  to  take  notice  of  and  prosecute  all  breaches  of  this 
act. 

Provided  always,  That  nothing  in  this  act  shall  be  con- 
strued to  extend  to  enable  any  person  whatsoever,  by  virtue 
of  any  license  aforesaid,  to  act  in  any  wise  contrary  to  those 
orders  and  directions  by  law  made  to  prevent  the  spreading 
of  any  infectious  disease  in  this  Colony. 

An  Act  in  Addition  to  the  Law  of  this  Colony  entituled  An  Act  for  the 
Direction  of  Listers  in  their  OflQce  and  Duty. 

Be  it  enacted  hy  the  Crovernor,  Council  and  Hepresentatives, 
in  General  Court  assembled,  and  hy  the  authority  of  the  same, 
That  all  such  persons  as  loan  or  let  out  money  on  interest 
shall  be  rated  in  the  list  in  proportion  to  their  gains,  and  the 
listers  in  the  several  towns  in  this  Colony  are  directed  to 
rate  them  in  like  manner  as  they  are  directed  in  respect 
to  traders,  tradesmen,  &c. 

An  Act  for  appointing  the  Brand  for  Horses  in  the  Town  of  Canaan. 
It  is  ordered  hy  this  Assembly,  That  the  brand  for  Horses 
for  said  Canaan  shall  be  the  following  character,  ►£!. 

Additions  to  the  Lists  of  Estate  of  the  several  Towns  in  this  Government 
hereafter  mentioned  sent  in  to  this  Assembly  are  as  follows,  viz  : 

Single  addition.     Fourfold  assessments. 


To  New  Haven, 

X  894     2 

9      - 

-  £4850     7 

0 

Hartford, 

1109     8 

6      - 

39     4 

0 

Fairfield, 

1010  18 

8       - 

-      861     9 

0 

Sharon, 

389     9 

4      - 

-      500  16 

0 

Glassenbury, 

1281  14 

6       - 

- 

A-shford, 

1409     5 

0      - 

-      216     0 

0 

Stafford, 

107     4 

0      - 

- 

libi. 

OF    CONNECTICUI 

T 

15 

Single  addition. 

Fourfold  assessments. 

To  Branford, 

£111     5 

5 

-    £197  12 

0 

Canterbury, 

262  13 

0 

-     1002  18 

0 

Wallingford, 

750  19 

0 

-     -275     0 

0 

Farmington, 

5.39     7 

0 

-      718    7 

0 

Weathersfield, 

726  16 

3 

-      124     4 

0 

Middletown, 

1126     2 

0 

-      116     8 

0 

Coventry, 

1612     1 

6 

-      122     0 

0 

Milford, 

254  16 

8 

92    4 

6 

Windsor, 

3145  18 

9 

-      232    4 

0 

Litchfield, 

193     0 

0 

-      542     8 

0 

Lyme, 

2405  10 

0 

-      720  16 

0 

Groton, 

434     0 

0 

-      609  10 

0 

New  Milford,  £603  12  0 

Subtraction,  138  19  6 

6 

464  12 

Colchester, 

708     0 

0 

_ 

Preston, 

479  11 

0 

-      106     0 

0 

Killingsworth, 

649  16 

0 

-      240  12 

0 

Pomfret, 

■      549  13 

0 

-      646     0 

0 

Bolton, 

134     7 

0 

40     0 

0 

Tolland, 

103     2 

0 

_                _ 

Newtown, 

69     8 

0 

_                _ 

D anbury, 

158     6 

lOi 

-      144  12 

0 

Symsbury, 

897  10 

0^ 

- 

Haddam, 

297     5 

0 

_ 

East  Haddam, 

503  13 

0 

72     0 

0 

New  Hartford, 

35  10 

0 

-                - 

Plainfield, 

881     3 

0 

-      870     0 

0 

Greenwich, 

2518     0 

0 

_                _ 

Woodbury, 

380  18 

2 

-      501     0 

6 

Harwington, 

97  19 

0 

-                • 

11]  Saybrook, 

1787     5 

0 

- 

Norwalk, 

1050  13 

0 

-      990  15 

6 

Suffield, 

588  15 

6 

^                « 

Stratford, 

875     6 

7 

24     0 

0 

Voluntown, 

181  12 

0 

-      350     8 

0 

Windham, 

423     2 

6 

-      356     0 

0 

Ridgefield, 

702  18 

0 

-      178     6 

6 

Derby, 

349  18 

6 

- 

Stanford, 

57  10 

0 

_                _ 

Woodstock, 

1279  10 

0 

-      206     0 

0 

Waterbury, 

268  11 

6 

-      154    4 

0 

Guilford, 

45     8 

5 

-       594     9 

4 

Stonington, 

1034  12 

0 

-       221     4 

0 

0      - 

- 

6      - 

-      177     8     0 

6      - 

-    1190  13     0 

16  PUBLIC   RECORDS  [May, 

Single  addition.      Fourfold  assessments. 
To  Lebanon,  <£825     3     0       -        -    ^310     2     0 

Last  fall  £2511  12s  overcast. 
N.  B.  Mistake  in  cast  of  the  list. 
Snffield,  90     4 

Mansfield,  458  13 

Norwich,  1507     9 

X296  Is.  for  the  town  of  Kent  subtraction  instead  of  addi- 
tion. 

3035  18s.  6d.  subtraction  out  of  Hebron  list,  as  they  say. 

This  Assembly  do  appoint  Ebenezer  Marsh,  Esqs  to  be 
Colonel  of  the  13th  regiment  in  this  Colony. 

This  Assembly  do  appoint  David  Whitney,  Esq"",  to  be' 
Lieutenant  Colonel  of  the  13th  regiment  in  this  Colony. 

This  Assembly  do  appoint  Benjamin  Hiiiman,  Esq"",  to  be 
Major  of  the  13th  regiment  in  this  Colony. 

This  Assembly  do  appoint  John  Read,  Esqi",  to  be  Lieuten- 
ant Colonel  of  the  4th  regiment  in  this  Colony. 

This  Assembly  do  appoint  Robert  Walker,  Esq"",  to  be 
Major  of  the  4t]i  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr,  Nathan  Comstock  to  be 
Ensign  of  the  Sd  company  or  trainband  in  the  town  of  Nor- 
walk. 

This  Assembly  do  establish  Mr.  Jason  Bradley  to  be  Cap- 
tain of  the  7th  Company  or  trainband  in  the  town  of  New 
Haven. 

This  Assembly  do  establish  Mr.  Jesse  Blakely  to  be  Lieu- 
tenant of  the  7th  company  or  trainband  in  the  town  of  New 
Haven. 

This  Assembly  do  establish  Mr.  Peter  Hall  to  be  Captain  of 
the  2d  company  or  trainband  in  the  town  of  Wallingford. 

This  Assembly  do  establish  Mr.  John  Barker  to  be  Lieuten- 
ant of  the  2d  company  or  trainband  in  the  town  of  Walling- 
ford. 

This  Assembly  do  establish  Mr.  Asahel  Hall  to  be  Ensign  of 
the  2d  company  or  trainband  in  the  town  of  Wallingford. 

This  Assembly  do  establish  Mr.  Ephraim  Cook  to  be  Cap- 
tain of  the  south  company  or  trainband  in  New  Cheshire  par- 
ish in  the  town  of  Wallingford. 

This  Assembly  do  establish  Mr.  Enos  Brooks  to  be  Lieu- 
tenant of  the  south  company  or  trainband  in  New  Chesliire 
parish  in  the  town  of  Wallingford. 

This  Assembly  do  establisli  Mr.  Caleb  Doolittle  to  be  Ensign 
of  the  south  company  or  trainband  in  New  Cheshire  parish  in 
the  town  of  Wallingford. 


1757.]  OF    CONNECTICUT.  17 

This  Assembly  do  establish  Mr.  Ebenezer  Bunnel  to  be 
Lieutenant  of  the  north  company  or  trainband  in  New  Ches- 
hire parish  in  the  town  of  Wallingford. 

This  Assembly  do  establish  Mr.  Isaac  Tyler  to  be  Ensign  of 
the  north  company  or  trainband  in  New  Cheshire  parish  in 
the  town  of  Wallingford. 

This  Assembly  do  establish  Mr.  John  St.  John  to  be  Lieu- 
tenant of  the  north  company  or  trainband  in  the  town  of 
Sharon. 

Tills  Assembly  do  establish  Mr.  John  Hungerford  to  be 
Lieutenant  of  the  company  or  trainband  in  the  parish  of  New 
Cambridge  in  the  town  of  Farmingtown. 

[12]  This  Assembly  do  establish  Mr.  Josiah  Lewis  to  be 
Ensign  of  the  company  or  trainband  in  the  parish  of  New 
Cambridge  in  the  town  of  Farmingtown. 

This  Assembly  do  establish  Mr.  Jonathan  Rudd  to  be  Cap- 
tain of  the  3d  company  or  trainband  in  the  5th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Henry  Silsby  to  be  Lieuten- 
ant of  the  3d  company  or  trainband  in  the  oth  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Benajah  Cary  to  be  Ensign 
of  the  od  company  or  trainband  in  the  5th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Elisha  Kibbee  to  be  Cap- 
tain of  the  company  or  trainband  in  the  town  of  Somers. 

This  Assembly  do  establish  Mr.  John  Howard  to  be  Captain 
of  the  troop  of  horse  in  the  5th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Joseph  Jennings  to  be 
Lieutenant  of  the  troop  of  horse  in  the  5th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Nathan  Hibbard  to  be  Cor- 
net of  the  troop  of  horse  in  tlie  5th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Joseph  Bingham,  jun'',  to  be 
Quarter-Master  of  the  troop  of  horse  in  the  5th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Amos  Peck  to  be  Ensign 
of  the  7th  company  or  trainband  in  the  6th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Benjamin  Levens  to  be 
Lieutenant  of  the  4th  company  or  trainband  in  the  11th  regi- 
ment in  this  Colony. 

This  Assembly  do  establish  Mr.  Elnathan  Hall  to  be  Lieu- 
tenant of  the  south  company  or  trainband  in  the  town  of  New 
Fairfield. 

3 


18  PUBLIC   RECORDS  [May, 

This  Assembly  do  establish  Mr.  David  Wakeling  to  be  En- 
sign of  the  south  company  or  trainband  in  the  town  of  New 
Fairfield. 

This  Assembly  do  establish  Mr.  Abner  Lee  to  be  Ensign  of 
the  south  company  or  trainband  in  the  town  of  Lyme. 

This  Assembly  do  establish  Mr.  Charles  Smith  to  be  Ensign 
of  the  company  or  trainband  in  the  parish  of  Standwich. 

This  Assembly  do  establish  Mr.  Daniel  Park  to  be  Lieuten- 
ant of  the  2d  company  or  trainband  in  the  town  of  Sharon. 

This  Assembly  do  establish  Mr.  Josiah  Hollister  to  be 
Ensign  of  the  2d  company  or  trainband  in  the  town  of  Sharon. 

This  Assembly  do  establish  Mr.  Nathaniel  Loomis  3d  to  be 
Captain  of  the  1st  company  or  trainband  in  the  town  of 
Windsor. 

This  Assembly  do  establish  Mr.  Caleb  Phelps  to  l>e  Lieuten- 
ant of  the  1st  company  or  ti'ainband  in  the  town  of  Windsor. 

This  Assembly  do  establish  Mr.  Nathaniel  Filley  to  be 
Ensign  of  the  1st  company  or  trainband  in  the  town  of 
Windsor.  * 

This  Assembly  do  establish  Mr.  Amos  Hitchcock  to  be  Cap- 
tain of  the  6th  company  or  trainband  in  the  2d  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Abner  Sessions  to  be  Cap- 
tain of  the  11th  company  or  trainband  in  the  5th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  William  Williams  to  be 
Lieutenant  of  the  11th  company  or  trainband  in  tlie  5th  regi- 
ment in  this  Colony. 

This  Assembly  do  establish  Mr.  Isaiah  Bugbeetobe  Ensign 
of  the  11th  company  or  trainband  in  the  6th  regiment  in  this 
Colony. 

[13]  This  Assembly  do  establish  Mr.  Samuel  Ward  to  l)e 
Captain  of  the  6th  company  or  trainband  in  the  6th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Caleb  Hubbard  to  be  Lieu- 
tenant of  the  6tli  company  or  trainband  in  the  6th  regiment 
in  this  Colony. 

Tliis  Assembly  do  establish  Mr.  Jacob  Hall  to  be  Ensign  of 
the  6th  company  or  trainband  in  the  6tli  regiment  in  this  Col- 
ony. 

This  Assembly  do  establish  Mr.  Benjamin  Clark  to  be  Lieu- 
tenant of  the  6th  company  or  trainband  in  the  5th  regiment 
in  this  Colony. 

Tliis  Assembly  do  establish  Mr.  Isaac  Baldwin  to  be  Cap- 
tain of  the  2d  company  or  trainband  in  the  town  of  Litchfield. 

This  Assembly  do  establish  Mr.  Joshua  Smith  to  be  Lieu- 


17.")T.]  OF    CONNECTICUT.  19 

tenant  of  the  2d  company  or  trainband  in  the  town  of  Litch- 
field. 

This  Assembly  do  estal^lish  Mr.  Abncr  Baldwin  to  be 
Ensign  of  the  2d  company  or  trainband  in  the  town  of  Litch- 
field.' 

This  Assembly  do  establish  Mr.  William  Bolt  to  be  Ensign 
of  the  company  or  trainband  in  the  parish  of  Canaan. 

This  Assembly  do  estalilish  Mr.  David  Holmes  to  be  Captain 
of  the  16th  company  or  trainband  in  the  11th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  William  Skinner  to  be 
Ensign  of  the  15th  company  or  trainband  in  the  11th  regi- 
ment in  this  Colony. 

This  Assembly  do  esta1)lish  Mr.  Timothy  Judd  to  be  Cap- 
tain of  the  company  or  trainband  in  the  parish  of  Westbury 
in  the  town  of  Waterljury. 

This  Assembly  do  establish  Mr.  Ebenezer  Richards  to  be 
Lieutenant  of  the  company  or  trainband  in  the  parish  of 
Westl)ury  in  the  town  of  Waterbury. 

This  Assembly  do  -establish  Mr.  Edward  Scovel  to  be 
Ensign  of  the  company  or  trainband  in  the  parish  of  West- 
bury  in  the  town  of  Waterbury. 

This  Assembly  do  estaljlish  Mr.  Jabez  Brainard  to  be  Cap- 
tain of  the  11th  company  or  trainband  in  the  7th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Joseph  Brooks  to  be  Lieu- 
tenant of  the  11th  company  or  trainband  in  the  7th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Jeremiah  Hubbard  to  be 
Ensign  of  the  11th  company  or  trainband  in  the  7th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Benjamin  Williams  to  be 
Ensign  of  the  8th  company  or  trainband  in  the  7th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Comfort  Sage  to  be  Quar- 
ter-Master of  the  troop  of  horse  in  the  bth  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  John  Dixson  to  be  Ensign 
of  the  11th  company  or  trainband  in  the  11th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Jonathan  Gillet  to  be  Lieu- 
tenant of  the  company  or  trainband  in  the  parish  of  Winton- 
bury. 

This  Assembly  do  establish  Mr.  Reuben  Loomis  to  be 
Ensign  of  the  company  or  trainband  in  the  parish  of  Winton- 
bury. 


20  PUBLIC  RECORDS  [May, 

This  Assembly  do  estaLlish  Mr.  Peleg  Sanford  Mason  to  be 
Captain  of  the  north  company  or  trainband  in  the  1st  society 
in  the  town  of  Lebanon. 

This  Assembly  do  establish  Mr.  William  Clark  to  be  Lieu- 
tenant of  the  north  company  or  trainband  in  the  1st  society  in 
the  town  of  Lebanon. 

This  Assembly  do  establish  Mr.  Joseph  Marsh  to  be 
Ensign  of  the  north  company  or  trainband  in  the  1st  society 
in  the  town  of  Lebanon. 

This  Assembly  do  establish  Mr.  Samuel  Hutton  to  be 
Ensign  of  the  first  company  or  trainband  in  the  town  of  Stan- 
ford. 

This  Assembly  do  establish  Mr.  Joshua  Pierce  to  be  Lieu- 
tenant of  the  company  or  trainband  in  the  town  of  Cornwall. 

[14]  This  Assembly  do  establish  Mr.  Samuel  Horsford  to 
be  Ensign  of  the  company  or  trainband  in  the  town  of  Corn- 
wall. 

This  Assembly  do  establish  Mr.  Abraham  Case  to  be  Lieu- 
tenant of  the  west  company  or  trainband  in  the  town  of 
Symsbury. 

This  Assembly  do  establish  Mr.  Dudley  Case  to  be  Ensign 
of  the  west  company  or  trainband  in  the  town  of  Symsbury. 

This  Assembly  do  establish  Mr.  Simon  Smith  2d  to  be  Cap- 
tain of  the  4th  company  or  trainband  in  the  town  of  New 
London. 

This  Assembly  do  establish  Mr.  Stephen  Prentice  to  be 
Lieutenant  of  the  4th  company  or  trainband  in  the  town  of 
New  London. 

This  Assembly  do  establish  Mr.  Jeremiah  Tabor  to  be 
Ensign  of  the  4tli  company  or  trainband  in  the  town  of  New 
London. 

This  Assembly  do  establish  Mr.  John  Case  to  be  Lieuten- 
ant of  the  north  company  or  trainband  in  the  1st  society  in 
the  town  of  Symsbury. 

This  Assembly  do  establish  Mr.  Matthew  Minor  to  be  Cap- 
tain of  the  1st  company  or  trainband  in  the  town  of  Wood- 
bury. 

This  Assembly  do  establish  Mr.  Gideon  Stoddard  to  be 
Lieutenant  of  the  1st  company  or  trainband  in  the  town  of 
Woodljury. 

This  Assembly  do  establish  Mr.  Daniel  Munn  to  be  Ensign 
of  the  1st  company  or  trainband  in  the  town  of  Woodbury. 

This  Assembly  do  establish  Mr.  Ebenezer  Downs  to  be 
Captain  of  the  2d  company  or  trainband  in  the  town  of  Wood- 
bury, 

This  Assembly  do  establish  Mr.  Nathaniel  Mitchol  to  be 


1757.]  OF    CONNECTICUT.  21 

Lieutenant  of  the  2d  company  or  trainband  in  the  town 
of  Woodbury. 

This  Asseml)ly  do  establish  Mr.  Stephen  Curtis  to  be 
Ensign  of  the  2d  company  or  trainband  in  tlie  town  of  Wood- 
bury. 

This  Assembly  do  establish  Mr.  Noah  Wilson  to  be  Captain 
of  the  company  or  trainband  in  the  town  of  Torrington. 

This  Assembly  do  establish  Mr.  Benjamin  Bissel  to  be  Lieu- 
tenant of  the  company  or  trainband  in  the  town  of  Torring- 
ton. 

This  Assembly  do  establish  Mr.  Isaac  Higly  to  be  Ensign 
of  the  company  or  trainband  in  the  town  of  Torrington. 

This  Assembly  do  establish  Mr.  Joshua  Whitney  to  be 
Lieutenant  of  the  company  or  trainband  in  the  town  of  Nor- 
folk. 

This  Assembly  do  establish  Mr.  George  Palmer  to  be 
Ensign  of  the  company  or  trainband  in  the  town  of  Norfolk. 

Resolved  hy  this  Assembly,  That  the  sum  of  three  pounds 
lawful  money  per  month  be  given  towards  the  supplying  the 
pulpit  of  such  ordained  minister  as  shall  undertake  and  go 
chaplain  to  the  regiment  raised  in  this  Colony  for  his  Majes- 
ty's service  this  present  year. 

Resolved  hy  this  Assembly,  That  there  be  added  another 
chaplain  and  another  surgeon  for  the  regiment  raised  in  this 
Colony  to  act  in  conjunction  with  his  Majesty's  regular  troops 
under  the  command  of  his  Excellency  the  Earl  of  Loudoun 
in  the  next  campaign,  who  shall,  respectively,  have  the  same 
pay  per  month  as  is  granted  for  the  chaplain  and  surgeon  of 
said  regiment ;  and  his  Honour  the  Governor  is  desired  to  pro- 
cure proper  persons  to  go  in  said  service.  And  this  Assem- 
bly grants  to  the  lieutenant-colonel  of  said  regiment  the  sum 
of  ten  pounds  for  the  decent  reception  and  suitable  support  of 
a  chaplain. 

[15]  Resolved  hy  this  Assembly,  That  the  commissaries  by 
this  Assembly  appointed  in  February  last,  or  some  one  of 
them,  take  care  with  all  possible  expedition  to  send  forward  to 
No.  4  the  box  or  chest  of  medicines  and  such  other  things  as 
having  been  provided  for  the  use  of  the  forces  of  this  Colony 
there  may  be  still  remaining  behind. 

Resolved  hy  this  Assembly,  That  Daniel  Edwards,  Joseph 
Buckingham  and  John  Ledyard,  Esqf%  be  appointed,  and 
they  are  herel)y  appointed,  to  settle  and  adjust  all  tlie  expencc 
of  billeting  the  forces  raised  by  this  government  the  current 
year,  also  for  the  provisions  and  charge  of  carriages  found 
and  su})ply'd  them  on  their  march,  and  to  state  and  form 


22  PUBLIC   RECORDS  [May, 

proper  accounts  thereof,  and  make  application  for  the  pay- 
ment of  those  accounts  to  Lord  Loudoun  or  the  agent  vic- 
tualer ;  and  when  they  shall  have  received  the  money  to 
deliver  the  same  to  the  Treasurer,  taking  two  receipts  there- 
for of  the  same  tenor  and  date,  and  lodging  one  of  them 
with  the  Secretary  ;  also  to  draw  on  the  Treasurer  for  the  dis- 
charge of  whatever  sums  they  shall  find  due  for  said  billeting 
and  other  charges  above  mentioned. 

Whereas  the  regiment  raised  in  this  Colony  this  present 
year,  to  act  in  conjunction  with  his  Majesty's  regular  troops 
under  the  command  of  his  Excellency  the  Earl  of  Loudoun  in 
the  next  campaign,  and  furnished  with  the  King's  arms  for 
which  receipts  are  taken  of  the  captain  of  the  respective  com- 
panies, who  are  accordingly  chargeable  with  the  same,  to  be 
returned  according  to  such  orders  as  shall  be  given  by 
the  commander-in-chief  of  his  Majesty's  forces  in  North 
America,  or  to  such  person  or  persons  as  shall  be  appointed  by 
this  Assembly  to  receive  the  same  :     Therefore, 

It  is  resolved  hy  this  Assefnhly,  That  Andrew  Burr  of  Fair- 
field, Esq'',  Col.  Gurdon  Saltonstall  of  New  London,  Col.  Jabez 
Hamlin  of  Middleton,  Major  David  Whitney  of  Canaan,  and 
Messrs.  Chauncey  Whittlesey  of  New  Haven,  and  Joseph 
Church  of  Hartford,  are  appointed  and  impowered  to  receive 
the  said  arms  from  the  said  captains  and  give  proper  receipts, 
and  keep  a  distinct  account  for  each  captain's  company,  and 
keep  the  same  in  good  order  until  further  directions  shall  be 
given  by  this  Assembly. 

Resolved  hy  this  Assemhiy,  That  his  Honor  the  Governor 
be  and  hereby  is  desired  forthwith  to  issue  a  proclamation  to 
prohibit  the  transportation  or  shipping  on  board  for  triinspor- 
tation  any  wheat  or  other  grain  and  provisions  out  of  tliis 
Colony  until  the  10th  day  of  November  next  before  bond 
is  given  at  the  naval  office  that  all  such  wheat  and  other 
grain  and  provisions  that  shall  be  exported  shall  bond  fide  be 
delivered  at  some  port  in  his  Majesty's  dominions  and  a 
proper  certificate  thereof  be  returned  into  said  naval  office, 
or  without  licence  first  had  and  obtained  from  his  Honor  the 
Governor  on  some  special  occasion. 

Upon  the  petition  of  Samuel  Mansfield  of  New  Haven,  late 
sheriff  of  New  Haven  county,  against  Elizabeth  Richards  and 
others,  executors  of  the  last  will  and  testament  of  Paul  Rich- 
ards. Esq"",  late  of  New  York,  now  deceased,  alledging  that  the 
said  Paul  in  his  lifetime  brought  his  action  of  escai)e  against 
the  petitioner  to  the  county  court  held  in  New  Haven  on  the 
second  Tuesday  of  November  1755,  which  being  prosecuted 


1757.]  OP     CONNECTICUT.  2-3 

by  said  executors  after  the  decease  of  the  said  Paul  and  final 
tryal  and  judgment  had  thereon  at  the  superior  court  held  in 
New  Haven  on  the  last  Tuesday  of  February  last  past  in 
favour  of  said  executors,  and  that  since  the  said  final  tryal 
the  petitioner  has  found  new  evidence  in  said  case  in  his 
favor,  and  praying  for  a  new  tryal,  as  by  the  petition  on  file 
appears  :  Resolved  by  this  Assembly,  that  the  petitioner  have 
liberty  of  a  new  tryal  in  said  case  at  the  superior  court  to  be 
[16]  held  at  New  Haven  in  and  for  ||  the  county  of  New 
Haven  on  the  last  Tuesday  of  August  next,  and  that  all  the 
cost  from  the  beginning  follow  said  tryal,  and  that  liberty  for 
such  new  tryal  is  hereby  given  accordingly. 

Upon  the  petition  of  Jonathan  Brown,  of  Somers  in  the 
county  of  Hartford,  representing  that  he  brought  his  action 
against  Samuel  Robinson,  of  Coventry  in  the  county  of 
Windham,  to  the  adjourned  county  court  held  at  Hartford  in 
the  county  of  Hartford  on  tlie  fourth  Tuesday  of  January 
1757,  on  a  note  of  hand  executed  to  the  petitioner  by  the  said 
Robinson,  dated  the  25th  of  December  1753,  for  the  sum  of 
one  thousand  pounds  money  in  good  passaljle  bills  of  public 
credit  old  tenor,  payable  at  or  before  the  25th  of  December 
1756,  with  the  lawful  interest  for  the  same  one  year ;  that  by 
the  pleadings  in  said  action  the  issue  joyned  and  put  to  the 
jury  was  only  this,  (to  wit,)  whether  or  no  the  said  Samuel 
Robbinson,  the  defendant,  did  on  the  23d  day  of  December 
1756  tender  to  the  plaintiff  the  sum  of  X660  in  good  passa- 
ble bills  of  credit  of  the  old  tenor  and  continued  his  tcndery 
thereof  to  the  plaintiff,  (to  wit,)  the  petitioner ;  that  by  the 
evidence  at  said  tryal  it  appear'd  that  the  said  bills  pretended  to 
be  tendered  were  of  the  ancient  and  latter  emissions  of  the  Colony 
of  Rhode  Island  and  Province  of  New  Hampshire,  amounting 
in  the  whole  to  i;;660  old  tenor,  and  that  such  tendery 
was  only  made  to  the  plaintiff's  wife  and  family  in  his  absence 
on  the  said  23d  day  of  December  1757  at  the  plaintiff's  house 
in  Somers  aforesaid ;  and  that  in  said  tryal  the  facts  being 
fixed  and  stated  by  the  evidence  as  aforesaid,  there  arose  two 
points  of  law  thereon,  viz :  firstly,  whether  or  no  such  old 
tenor  bills  of  Rhode  Island  and  New  Hampshire  were  at  the 
time  of  such  tendery  in  judgment  of  law  to  be  accounted 
good  passable  bills  of  public  credit  ;  and  secondly,  whether 
such  offer  of  said  bills  at  the  plaintiff's  house  to  the  plain- 
tiff's wife  and  family  in  his  absence  was  a  tendery  to  the 
plaintiff  or  not ;  that  said  points  being  argued  at  said  tryal, 
and  that  the  jury  on  consideration  thereof  adjudged  both  said 
points  against  the  plaintiff,  and  that  judgment  was  rendered 


24  PUBLIC   RECOEDS  [May, 

accordingly,  etc.  Complaining  that  the  jury  therein  erred 
and  misjudged,  and  praying  for  a  new  tryal  of  said  action, 
etc.,  as  by  the  petition  on  file  :  It  is  thereupon  and  therefore 
resolved  by  this  Assembly,  that  the  judgment  of  said  court 
rendered  in  said  action  be  and  the  same  is  hereby  reversed 
and  set  aside ;  and  liberty  is  hereby  granted  to  the  petitioner 
of  another  tryal  in  said  action  at  the  adjourned  county  court 
to  be  held  at  said  Hartford  on  the  first  Tuesday  of  July  next, 
and  that  the  whole  cost  follow  the  final  judgment. 

Upon  the  petition  of  James  Weed  of  Weathersfield,  repre- 
senting that  Isaac  Hubbard,  of  South  Hold  in  the  Province 
of  New  York,  obtained  a  judgment  against  him  before  the 
superior  court  held  at  Hartford  in  March  last  in  an  action  of 
book-debt,  upon  a  demurrer  to  tlie  plaintiff's  declaration,  for 
the  sum  of  fifteen  pounds  and  ten  shillings  lawful  money 
debt,  and  for  three  pounds  seventeen  shillings  and  a  penny 
costs;  which  action  he  proposed  to  remove  by  review  to  the 
superior  court  to  be  held  at  said  Hartford  in  September  next, 
but  for  want  of  information  neglected  such  removal  till  it 
was  too  late;  and  praying  for  liberty  of  another  tryal,  &c.: 
Resolved  by  this  Assembly,  that  the  petitioner  have  liberty, 
and  liberty  is  hereby  granted  unto  him,  to  enter  the  aforesaid 
[17]  action  at  the  superior  court  |j  to  be  held  at  Hartford  on 
the  first  Tuesday  of  September  next,  by  way  of  review,  upon 
his  entering  sufficient  bond  with  surety  with  the  clerk  of 
said  court  for  the  prosecution  of  said  review  to  effect  and 
answering  all  damages  if  he  make  not  his  plea  good,  and 
shall  have  liberty  of  another  tryal  in  said  action,  and  that 
the  whole  cost  shall  follow  the  final  judgment  that  shall  be 
given  therein. 

Upon  the  petition  of  Jonathan  Mansfield  of  New  Haven, 
one  of  the  proprietors  of  the  common  and  undivided  lands  in 
the  township  of  New  Haven,  and  the  rest  of  the  proprietors 
of  the  common  and  undivided  lands,  against  Daniel  Hubbard 
of  said  New  Haven,  representing  that  the  said  Hubbard  by 
his  action  had  in  the  superior  court,  held  in  New  Haven  on 
the  last  Tuesday  of  February  last,  obtained  final  judgment 
in  his  favour  against  the  petitioners  for  the  surrendry  of  five- 
sixths  and  three-sevenths  of  one-sixth  of  ninety  eight  acres 
and  a  quarter  of  land  out  of  the  said  common  land,  and  that 
in  discussing  said  case  at  the  tryal  upon  which  said  judgment 
was  obtained  they  were  by  said  court  inhibited  giving  in  tlie 
transcripts  and  copies  of  the  entries  of  the  doings  of  the 
proprietors  of  that  part  of  said  common  lands  lying  in  the 
village  of  East  Haven  in  evidence  in  said  tryal ;  praying  for 


1757.]  OF    CONNECTICUT.  25 

a  new  tryal  in  said  case,  and  that  they  may  have  liberty  of 
exhibiting  and  giving  in  evidence  the  said  copies ;  as  by 
the  petition  on  file  appears :  Resolved  by  this  Assembly,  that 
the  petitioners  have  liberty  of  a  new  tryal  in  said  case  at  the 
superior  court  to  be  held  at  New  Haven  in  and  for  the  county 
of  New  Haven  on  the  last  Tuesday  of  August  next,  and  that 
they  have  liberty  to  give  in  evidence  at  said  tryal  the  exem- 
plification and  copies  of  the  acts  and  doings  of  the  proprietors 
of  the  said  lands  in  the  limits  of  said  village  and  the  surveys 
and  layings  out  of  land  thereon ;  and  that  all  the  cost  from 
the  beginning  follow  the  said  tryal. 

Upon  the  petition  of  Mary  Pike  and  others,  of  Boston, 
against  Pelatiah  Bliss  of  New  London,  shewing  to  this  Assem- 
bly that  they,  the  petitioners,  brought  their  action  against 
said  Bliss  to  the  county  court  held  at  Norwich  in  New  Lon- 
don county  on  the  fourth  Tuesday  of  November  1754,  de- 
manding the  surrendery  of  a  certain  piece  or  parcel  of  land 
lying  in  said  New  London,  containing  one  hundred  and  ninety 
acres,  bounded  and  described  as  in  the  original  writ  is  set 
forth ;  further  shewing,  that  said  action  came  to  a  final  tryal 
at  Norwich  superior  court  in  March  last,  when  and  where  on 
certain  special  pleadings  had  judgment  was  rendered  on  the 
whole  in  favour  of  the  defendant;  representing  that  as  to  19 
acres  and  64  rods  of  said  demanded  land  the  defendant 
pleaded  possession  more  than  fifteen  years  next  before  the 
bringing  of  the  writ,  to  which  the  plaintiffs  pleaded  by  way 
of  reply  the  savings  of  the  statute  in  that  case,  as  coverture, 
&c.,  which  on  demurrer  was  judged  ill;  further  shewing,  that 
as  to  said  19  acres  and  64  rods  they,  the  petitioners,  missed 
their  plea ;  praying  for  liberty  of  a  new  tryal  of  their  said 
case,  that  so  they  might  alter  the  plea  with  regard  to  said  19 
acres  and  64  rods  of  land  &c.,  as  by  the  petition  on  file  may 
more  fully  appear :  Resolved  by  this  Assembly,  that  the  peti- 
tioners have  liberty  of  another  tryal  of  their  said  cause 
before  the  superior  court  to  be  held  at  New  London  on  the 
fourth  Tuesday  of  September  next,  and  have  liberty  to  alter 
their  plea  only  with  respect  to  the  19  acres  and  64  rods  of 
land,  on  the  petitioners  giving  in  to  said  superior  court  suffi- 
cient bond  to  abide  the  judgment  that  shall  be  given ;  and  the 
future  cost  only  to  follow  such  final  tryal. 

Upon  the  petition  of  Samuel  Deming,  of  Boston,  vs.  Joshua 
Wight  jun"",  of  Windham,  shewing  to  this  Assembly  that  he 
[18J  brought  his  action  of  book-debt  ||  against  the  said  Wight, 
demanding  £153  lO.s.  9d.  lawful  money,  which  action  came 
to  a  final  tryal  at  the  superior  court  held  at  Windham  by 
4 


26  PUBLIC    RECORDS  U^^Ji 

adjournment  on  tlie  3(1  day  of  April  1755,  and  on  plea  of 
Owe  nothing  verdict  and  judgment  thereon  was  by  said 
superior  court  had  and  rendered  against  the  said  Deming  in 
favour  of  said  Wight,  to  recover  his  cost;  representing  tliat 
since  said  tryal  lie  had  discovered  new  evidence,  and  there- 
upon praying  liberty  of  another  tryal  of  said  case,  <S:c. :  Re- 
solved by  this  Assembly,  that  the  said  Samuel  Deming  have, 
and  liberty  is  hereby  granted  to  him  to  have,  another  tryal  of 
said  case  at  the  sujK'rior  court  to  be  held  at  Windham  in  and 
for  the  county  of  Windham  on  the  third  Tuesday  of  Septem- 
ber next,  and  of  entering  said  cause  in  said  court  for  that 
purpose,  (he  giving  bond  to  abide  the  judgment  therein:)  and 
that  all  the  cost  which  has  arisen  in  said  case  follow  the  final 
judgment  which  shall  be  given  in  said  case. 

Upon  the  petition  of  Zebulon  Shepard,  of  New  Hartford, 
against  Joseph  Shepard,  of  Hartford,  shewing  to  this  Assem- 
bly that  he,  the  said  Zebulon,  obtained  a  decree  of  this  As- 
sembly in  October  last,  ordering  and  directing  that  upon  the 
petitioner's  paying  to  the  petitionee  the  sum  of  i:6  l-is-.  2d. 
lawful  money  within  one  month  from  the  rising  of  said 
Assembly,  that  the  petitionee  should  pay  to  one  Timothy 
Moses  and  one  Lemuel  R(jberts  the  sum  of  £14  Is.  It?,  like 
money  within  six  weeks  from  the  rising  of  said  Asseml)ly,  on 
pain  of  forfeiting  to  the  petitioner  the  sum  of  <£100  lawful 
money  ;  and  that  upon  the  petitionee's  paying  to  said  jMoses 
and  Roberts  the  said  sum  of  X14  Is.  Id.  that  the  said  Moses 
and  Roberts  should  release  to  the  petitioner  a  certain  piece  of 
land,  about  three  acres  <kc. ;  further  shewing  that,  agreeable 
to  said  act  and  decree  of  Assembly,  the  petitioner  had  ten- 
dered to  the  petitionee  said  sum  of  £6  14s.  2d.  within  the 
time  by  said  decree  limited,  but  that  the  petitionee  hath  not 
paid  said  sum  of  i:14  l-s-.  If?,  nor  any  part  thereof  to  said 
Moses  and  Roberts,  nor  anyways  complyed  with  said  decree 
and  order  of  Assembly,  but  altogether  refused  to  do  the  same; 
praying  to  have  execution  for  said  ,£100  against  said  Joseph 
Shepard,  by  him  forfeited  as  aforesaid  by  reason  of  his  non- 
complyance  aforesaid;  as  by  the  petition  on  file  may  appear: 
Resolved  by  this  Assembly,  and  it  is  hereby  judged  and  de- 
termined by  this  Assembly,  that  the  petitionee  hath  forfeited 
to  the  petitioner  said  sum  of  i;100  lawful  money  by  his  non- 
complyance  with  the  aforesaid  act  of  Assembly  in  October 
last.  And  thereupon  it  is  considered  by  this  Assembly,  that 
the  petitioner  have  and  recover  the  said  sum  of  £100  lawful 
money  of  the  petitionee,  his  goods  &c.,  in  usual  and  common 
form  of  law;  and  that  execution  go  forth  accordingly.  Ux. 
granted  June  Isi,  1757. 


1757.]  OF    CONNECTICUT.  27 

On  tlie  petition  of  Joseph  D'Ming  against  Phineas  Cook, 
the  pleadings  and  allegations  of  the  parties  having  been  fidly 
heard,  it  appears  to  this  Assembly  by  the  evidences  produced, 
that  the  said  Joseph  Dcniing  is  a  free-born  subject  of  the 
King  of  Portugal  and  belonged  to  the  island  of  Bonavista, 
and  at  the  time  mentioned  was  at  the  said  island  a  free  man, 
and  there  agreed  for  his  passage  on  board  a  vessel  at  said 
island  of  Bonavista,  whereof  the  said  Pliineas  Cook  was 
master,  to  go  to  the  island  of  Bravo,  and  that  the  said  Cook 
did  not  carry  him  to  Bravo  aforesaid,  as  expected  by  said 
Joseph  D'Ming,  but  transported  him,  said  Joseph,  to  New 
England,  against  his  will,  and  he  hath  since  been  treated  as  a 
slave  for  life :  It  is  therefore  ordered  and  decreed  by  this 
Assembly,  that  the  said  Joseph  Doming  recover  of  the  said 
Phineas  Cook  the  sum  of  twenty  pounds  damages,  and  that 
for  tbe  said  misdemeanor  the  said  Cook  pay  a  fine  of  fifteen 
pounds  to  the  Treasurer  of  this  Colony  for  the  use  of  the 
government,  and  pay  the  cost  of  prosecution,  allowed  to  be 
£1  los.  4d.  lawful  money,  and  that  execution  go  forth  accord- 
ingly. And  whereas  it  appears  that  the  said  Joseph  Dem- 
ing  is  a  minor:  Therefore  it  is  resolved  by  this  ilssembly, 
[19]  that  Capt.  Thomas  Seymour  be  ||  and  he  is  appointed 
guardian  or  overseer  to  him,  said  Joseph  D'Ming,  to  take  care 
of  his  person  and  whatever  belongs  to  him,  and  in  a  reasona- 
ble time  to  procure  for  him  a  passage  home.  Ux.  granted 
June  iUh,  1757. 

This  Assembly  taking  into  serious  consideration  the  mel- 
ancholy and  divided  estate  of  the  first  church  and  society 
ill  the  town  of  Woodstock,  represented  to  this  Assembly  by 
a  memorial  and  answer  thereto  now  lying  on  file,  preferred 
by  the  differing  parties  in  said  church  and  society,  and  being- 
desirous  of  the  peace  and  happiness  of  said  church  and 
society  are  willing  to  do  everything  that  may  tend  to  heal 
such  unhappy  division  and  promote  unity  amongst  them: 
Therefore,  this  Assembly  do  nominate  and  desire  the  Rev^. 
Messrs.  Peter  Reynolds  of  Enfield,  Ashbel  Woodbridge  of 
Glassenbury,  Edward  Eells  of  Middleton,  Elnathan  AVhit- 
man  of  Hartford,  James  Lockwood  of  Weathersfield,  Free- 
grace  Leavit  of  Somers,  and  Ebenezer  Gay  of  Suftield, 
together  with  a  messenger  or  messengers  from  the  several 
churches  under  their  respective  charge,  as  a  council,  to  repair 
to  said  first  society  in  the  town  of  Woodstock,  on  the  request 
of  said  society,  hear  the  contending  parties  in  all  their  matters 
of  difference,  and  use  their  utmost  endeavours  to  accommo- 
date and  settle  said  parties  in  peace  and  unity.     And  this 


28  PUBLIC    RECORDS  [Maj, 

Assembly  do  recommend  to  said  contending  parties  to  unite 
in  calling  said  council,  and  to  pay  due  deference  to  the  advice 
that  may  be  given  them. 

Upon  the  memorial  of  John  Murdock,  executor  on  the 
estate  of  Nathaniel  Chapman  late  of  Saybrook,  deceased, 
shewing  to  this  Assembly  that  the  debts  due  from  said  estate 
surmount  the  moveable  estate  the  sum  of  one  hundred  and 
thirty-three  pounds  lawful  money,  and  praying  that  so  much 
of  the  lands  of  the  said  deceased  may  be  sold  as  to  raise  the 
said  sum :  Resolved  by  this  Assembly,  that  Samuel  Denison 
of  said  Saybrook  be  appointed,  and  he  is  hereby  appointed 
and  impowered,  to  sell  so  much  of  the  lands  of  the  said  de- 
ceased as  to  raise  the  said  sum  with  the  charges  arising  on 
the  sale  thereof;  taking  the  advice  of  the  court  of  probate  in 
the  district  of  Guilford  on  the  sale  thereof. 

Upon  the  memorial  of  Ambrose  Whittlesey,  administrator 
on  the  estate  of  Ambrose  Whittlesey,  Esq"",  late  of  Saybrook, 
deceased,  shewing  to  this  Assembly  that  the  debts  due  from 
said  estate  surmount  the  moveable  estate  the  sum  of  £360  2s-. 
'did.  lawful  money,  and  praying  that  so  much  of  the  lands  of 
the  said  deceast  may  be  sold  as  to  raise  the  said  sum : 
Resolved  by  this  Assembly,  that  the  memorialist  have  liberty, 
and  he  is  hereby  impowered,  to  sell  so  much  of  the  lands  of 
the  said  deceased  as  to  raise  the  said  sum  of  three  hundred  sixty 
pounds  two  shillings  and  three  pence  f,  together  with  the 
charges  arising  on  the  sale  thereof ;  taking  the  advice  of  the 
court  of  probate  in  the  district  of  Guilford. 

Upon  the  memorial  of  Pygan  Adams,  administrator  on  the 
estate  of  Mr.  Thomas  Adams  late  of  East  Haddam,  deceased, 
shewing  that  the  debts  due  from  the  estate  of  said  deceased 
surmount  the  personal  estate  of  said  deceased  the  sum  of  .£64 
7s.  Q^d.  lawful  money  ;  praying  for  liberty  to  sell  so  much 
of  the  real  estate  of  said  deceased  as  shall  be  sufficient  to 
pay  the  said  sum  of  £64  Is.  9^d.  lawful  money  w^ith  charges 
thereon  arising :  Resolved  by  this  Assembly,  that  the  said 
Pygan  Adams  hath  liberty,  and  liberty  is  hereby  granted 
to  the  said  Pygan  Adams,  to  sell  so  much  of  the  real  estate  of 
said  deceased  as  to  raise  the  sum  of  <£64  7s.  9^d.  lawful 
money  with  the  necessary  charge  thereon  arising  ;  taking  the 
advice  of  the  court  of  probate  in  the  district  of  East  Had- 
dam. 

Upon  the  memorial  of  Jacob  Dressor,  administrator  on  the 
estate  of  Samuel  White  late  of  Killingly  in  the  district  of 
Pomfret,  deceased,  shewing  to  this  Assembly  that  the  debts 
due  from  said  estate  surmount  the  moveable  estate  the  sum  of 


1757.]  OF    CONNECTICUT.  29 

nineteen  pounds  six  shillings  lawful  money,  and  moving-  to 
[20]  this  II  Assembly  for  liberty  to  sell  so  much  of  the  real 
estate  of  said  deceased  as  shall  be  sufficient  to  pay  the  sum 
abovesaid,  taking  the  direction  of  the  court  of  probate  for  the 
district  of  Pomfret  therein  :  Resolved  by  this  Assembly,  that 
the  said  Jacob  Pressor  have  liberty  to  make  sale  of  so  much 
of  the  real  estate  of  said  deceased  as  shall  be  sufficient  to 
pay  the  said  sum  of  nineteen  pounds  six  shillings  lawful 
money  with  the  incident  charges  arising  thereon  ;  taking  the 
direction  of  the  court  of  probate  for  the  district  of  Pomfret 
therein. 

Upon  the  memorial  of  Samuel  Dorwin,  Jonathan  Kelsey, 
John  Burr,  Isaac  Loomis,  Benjamin  Bissel,  John  Birge, 
Thomas  Dibble,  Ephraim  Dorwin,  Abraham  Dibble,  Jonathan 
Gillet,  Joshua  Austin,  Shubael  Griswold,  Benjamin  Matthews, 
Nathan  Kelsey,  Nehemiah  Gaylord,  David  Birge,  Ebenezer 
Winchel,  Charles  Mather  and  Aaron  Yale,  all  inhabitants  of 
the  town  of  Torrington  in  the  county  of  Litchfield,  represent- 
ing that  they  all  live  in  the  eastern  part  of  said  Torrington, 
and  in  such  situation  and  at  such  a  distance  from  the  place  of 
public  worship  in  said  town  that  they  neither  do  nor  can 
attend  thereon,  but  are  obliged  to  attend  public  worship  in 
other  towns  ;  praying  for  an  exemption  from  ministerial  rates 
and  charges  in  said  town  where  their  public  worship  is  now 
upheld,  and  for  liberty  to  hire  preaching  among  themselves, 
etc.  :  Resolved  by  this  Assembly,  that  the  memorialists,  and 
such  others  as  shall  live  under  the  same  situation  and  circum- 
stances in  the  east  part  of  Torrington  aforesaid,  shall  be  and 
they  are  hereby  exempted  and  discharged  from  paying  any- 
thing towards  the  supporting  of  the  present  ministry  where  it 
is  now  upheld  in  the  west  part  of  said  town ;  and  liberty  is 
hereby  granted  to  the  memorialists  to  hire  preaching  among 
themselves  in  the  winter  season  and  such  other  part  of  the 
year  as  they  shall  be  able. 

Upon  the  memorial  of  the  Rev^  Benjamin  Lord,  represent- 
ing to  this  Assembly  that  in  the  year  1717  he  settled  in  the 
work  of  the  ministry  in  the  first  society  in  Norwich,  and  the 
inhabitants  of  said  society  stipulated  to  give  him  one  hundred 
pounds  current  money  per  annum  for  his  yearly  support,  and 
that  said  society  had  not  fulfilled  their  said  stipulation  with 
him  sundry  of  the  years  between  said  settlement  and  i\\Q 
year  1755  ;  and  further,  that  said  society  had  altogether  neg- 
lected to  pay  him,  said  Mr.  Lord,  for  his  service  for  his  last 
year's  labour,  with  a  neglect  of  choice  of  all  society  officers ; 
praying  for  a  committee  to  enquire  into  said  matters  of  com- 


30  PUBLIC   RECORDS  [May, 

plaint  etc.,  and  that  some  suitable  persons  might  be  appointed 
to  make  a  rate  on  said  inhabitants  and  to  collect  the  same, 
&c. :  Resolved  by  this  Assembly,  that  Thomas  Wells,  Joseph 
Pitkin  and  Jabez  Hamlin,  Esq""^,  be  a  committee,  and 
they  are  hereby  appointed  a  committee  to  enquire  into 
and  adjust  according  to  the  rules  of  justice  and  equity 
all  such  arrearages  of  payment  of  said  salary  from  the  time 
of  the  said  }th\  Lord's  settlement  in  said  society  to  the  year 
1755,  taking  into  consideration  all  matters  and  things  neces- 
sary to  come  under  their  consideration,  and  make  report 
of  sucli  their  doings  thereon  to  this  Assembly  in  October 
next.  And  it  is  further  resolved  by  this  Assembly,  that  said 
committee  take  under  their  consideration  what  sum  is  due  to 
the  said  Mr.  Benjamin  Lord  for  his  salary,  (according  to  said 
contract,)  for  his  last  year's  service,  with  such  further  sum  as 
they  shall  judge  just  and  reasonable  as  a  reward  for  the  collector 
who  shall  be  appointed  to  collect  the  said  sums ;  which  sums 
the  said  committee  having  adjusted,  they  are  hereby  ordered 
and  impowered  to  make  a  proper  rate  or  tax  on  the  inhabi- 
tants of  said  society,  on  their  list  for  the  year  1756,  and 
[21]  make  a  rate  bill  thereof.  ||And  said  committee,  they  or 
either  of  them,  are  impowered  to  grant  a  proper  warrant  in 
common  form,  fully  impowering  the  collector  the  said  com- 
mittee shall  appoint  to  collect  and  pay  said  moneys  to  said 
Mr.  Lord  (taking  his  receipt  therefor,)  saving  what  shall  be 
allowed  said  collector  as  aforesaid.  And  the  said  committee 
are  hereby  authorized  and  fully  impowered  to  nominate  and 
appoint  a  collector  to  collect  said  moneys  of  said  inhabitants, 
and  when  collected  to  pay  the  same  to  the  said  Mr.  Benjamin 
Lord ;  and  said  collector  to  be  under  the  same  regulation  and 
subject  to  the  same  penalties  as  other  collectors  of  society 
rates  in  this  Colony  are. 

Upon  the  memorial  of  William  Lothrop  of  Norwich,  repre- 
senting that  his  son  Ebenezer  Lothrop  Jun""  was  sometime  in 
February  1756  prosecuted  on  suspicion  of  being  guilty  of 
putting  off  counterfeit  bills  in  imitation  of  the  true  bills  of 
this  Colony  and  had  escaped  from  said  prosecution  to  parts 
remote  ;  and  praying  that  the  said  Ebenezer  might  have  lib- 
erty to  return  home  to  his  friends  and  be  freed  and  exempted 
from  any  further  prosecution  in  that  behalf,  for  the  reasons 
mentioned  in  said  memorial :  Resolved  by  this  Assembly, 
that  no  further  prosecution  for  the  matters  abovesaid  shall  be 
had  or  made  against  the  said  Ebenezer  upon  his  returning  into 
tliis  Colony  :  provided  lie  find  sufficient  sureties  for  his  good 
behaviour  during  the  pleasure  of  this  Assembly  within  ten 


1757.]  OF    CONNECTICUT.  31 

days  after  he  shall  so  return.  And  Hezekiah  Huntington, 
Esq"",  is  hereby  impowered  and  directed  to  take  such  bond 
with  sureties  in  the  sum  of  one  hundred  pounds  to  the 
Treasurer  of  this  Colony,  that  the  said  Ebenezer  shall  be  of 
peaceable  and  good  behaviour  accordingly. 

On  the  memorial  of  Elizabeth  ]\Iirick  of  Middleton, 
administratrix  on  the  estate  of  Isaac  Mirick  late  of  jMiddlc- 
ton,  deceased,  shewing  to  this  Assembly  that  the  debts  and 
charges  allowed  by  tlie  court  of  probate  for  the  district  of 
Middleton  against  the  said  estate  surmount  the  moveable 
part  of  said  estate  the  sum  of  <£8  lis.  llhd.  lawful  money, 
and  thereupon  praying  to  this  Assembly  for  liljerty  to  sell 
lands,  &c. :  Resolved  by  this  Assembly,  that  the  memorialist 
with  the  assistance  of  Benjamin  Stilman,  Esq"",  of  said  Middle- 
ton,  be  im])owered,  and  they  are  hereby  impowered,  to  sell  so 
much  of  the  real  estate  of  the  said  deceased  as  will  procure 
the  aforesaid  sum  of  £8  17s.  IHc^.  together  with  the  incident 
charges  arising  on  such  sale  ;  taking  the  direction  of  the 
court  of  probate  in  the  district  of  Middleton  therein. 

Upon  the  memorial  of  Samuel  Talcott  and  Sarah  Flagg, 
executors  of  the  last  will  and  testament  of  Samuel  Flagg  of 
Hartford,  late  deceased,  representing  that  said  Samuel  Elagg 
in  his  lifetime,  on  or  about  the  2tith  day  of  January  last, 
bargained  and  agreed  to  sell  unto  one  Samuel  Cowles  of 
Symsl)ur3^  one  full  right  and  share  of  land  in  the  township  of 
Norfolk,  that  is  to  say,  one  lot  No.  14  in  the  second  going 
over  in  the  first  division,  and  one  lot  No.  25  in  the  second 
going  over  in  the  same  division,  also  two-thirds  of  three  other 
lots  in  said  township,  which  said  Flagg  purchased  of  the  gov- 
ernment in  said  town,  together  with  all  other  divisions  of  land 
accruing  on  said  right  that  should  at  any  other  time  there- 
after be  laid  out ;  and  that  the  said  Samuel  Cowles  did  satisfy 
unto  the  said  Samuel  Flagg  in  consideration  thero^jf  the  full 
sum  of  one  hundred  and  forty-five  pounds  lawful  money,  the 
price  agreed  uj)on  for  said  land ;  that  some  difficulty  then 
arising  Avith  respect  to  a  more  particular  description  of  said 
premises,  the  said  Samuel  Flagg  liecame  bound  to  said  Cowles 
in  a  large  sum  to  give  him  a  deed  of  the  said  premises  at  on 
or  before  the  first  day  of  June  then  next,  and  it  so  happened 
that  said  Samuel  Flagg  died  sometime  since,  (the  said  deed 
being  unexecuted  ;)  and  the  memorialists  praying  they  may 
be  enabled  to  convey  said  bargained  premises  according  to  the 
true  intent  and  meaning  of  said  original  agreement  with  said 
Samuel  Flagg  in  his  lifetime,  &c.  :  It  is  therefore  resolved  by 
,[22]  this  Assembly,  that  the  ||  said  Samuel  Talcott  and  Sarah 


32  PUBLIC  RECORDS  [May, 

Flagg,  executors  of  the  last  will  and  testament  of  the  said 
Samuel  Flagg  deceased,  be  enabled  and  impowered,  and  full 
power  and  authority  is  hereby  given  unto  them  by  deed  under 
their  hands  and  seals  in  due  form  of  law  to  be  executed,  to 
convey  unto  the  said  Samuel  Cowles,  his  heirs,  &c.,  the 
aforesaid  lands  and  right  in  the  said  township  of  Norfolk, 
according  to  the  true  intent  and  meaning  of  said  original 
agreement  made  between  the  said  Samuel  Flagg  and  Samuel 
Cowles  as  aforesaid. 

On  the  information  of  Mr.  Thomas  Seymour,  setting  forth 
very  injurious  facts  committed  by  Fhineas  Cook  of  Walling- 
ford  against  the  person  of  a  certain  young  man  named  Robert 
Cromwell,  the  consequence  of  which  has  been  prejudicial  to 
this  government,  as  per  said  information  on  file  :  Resolved  by 
this  Assembly,  that  Andrew  Burr,  Esq^,  be  and  is  hereby 
impowered  and  directed  to  make  enquiry  into  the  truth  of 
those  facts  contained  in  said  information,  both  as  to  the 
injury  done  to  the  person  of  sa,id  Cromwell  and  the  expence 
this  government  has  been  put  to  thereby,  and  take  or  cause  to 
be  taken  such  evidence  as  he  shall  find  relative  thereto,  and 
lay  the  same  before  this  Assembly  at  their  session  in  October 
next. 

Upon  the  memorial  of  Daniel  Bissel  and  Daniel  Haydon,  (fee, 
inhabitants  of  the  first  society  in  Windsor  living  on  the 
north  side  the  rivulet  in  said  society,  praying  said  society  be 
divided  into  two  distinct  societies  (fee,  as  per  memorial  on 
file  :  Resolved  by  this  Assembly,  that  Thomas  Wells,  Daniel 
Edwards  and  Joseph  Fowler,  Esq''%  be  and  they  hereby  are 
appointed  a  committee,  at  the  proper  cost  and  charge  of  the 
memorialists  and  at  their  special  instance  and  request,  duly  to 
notice  all  persons  concern'd,  and  at  some  convenient  time 
and  place  by  them  assigned,  to  repair  to  said  first  society  and 
there  fu^y  hear  them  on  their  respective  reasons  for  or 
against  the  matters  in  said  memorial  pray'd  for,  and  by  all 
proper  ways  and  means  to  discover  as  well  by  what  expedient 
measures  to  settle  and  conciliate  such  their  differences  and 
dissatisfactions  as  what  on  failure  thereof  may  be  needful 
and  best  for  this  Assembly  to  order  and  resolve  thereon  ;  and 
of  what  they  find  with  their  opinion  thereon  to  make  report 
to  the  session  of   this  Assembly  in  October  next. 

Upon  the  memorial  of  Abigail  Whitmore  of  IMiddleton, 
preferred  to  this  Assembly  in  October  last,  representing  that 
William  Whitmore  late  of  Middleton,  deceased,  late  husband 
of  the  memorialist,  received  a  grant  of  the  priviledge  of  keep- 
ing a  toll-bridge  over  the  ferry  river,  so  called,  in  Middleton 


1757.]  OF    CONNECTICUT.  33 

until  the  sum  of  =£300,  or  so  much  thereof  as  should  content 
said  William,  should  be  repaid  him,  said  sum  having  been  by 
him  before  and  at  the  month  of  October  1726  expended  in 
building  and  keeping  in  repair  said  bridge  ;  further  shewing, 
that  it  would  be  much  best  for  the  pulilic  and  the  memorial- 
ists that  said  bridge  should  be  free  and  she  be  repaid  said 
sum  &c. ;  as  by  the  memorial  on  file,  on  which  memorial  a 
committee  were  appointed  in  said  October  session  to  enquire 
into  and  report  what  they  should  find  respecting  the  premises, 
which  committee  made  their  report  to  this  Assembly,  thereon 
finding  and  setting  forth  that  said  William  had  such  priviledge 
of  keeping  said  bridge  until  said  sum  should  be  repaid,  &c., 
as  is  aforesaid ;  further  informing,  that  the  town  of  Middle- 
ton  are  willing  to  keep  and  maintain  said  bridge  in  case  said 
Whitmore's  claim  and  title  aforesaid  could  be  purchased  ;  also 
shewing  that  one  Thomas  Marks  of  said  Middleton,  for  ,£222 
10s.  Od.  borrowed  of  the  Colony  in  the  year  1734,  did  mort- 
gage to  the  government  222^  acres  of  land  lying  in  said  Mid-^ 
dleton,  bounding  east  on  the  great  river,  west  on  a  highway, 
[23]  north  on  the  Hurlbuts  land,  south  on  ||  Millers  land,  since 
which  said  mortgaged  premises  have  been  conveyed  thro' 
divers  liands,  said  mortgage  monies  not  having  been  paid,  and 
that  said  Abigail  would  be  content  to  accept  of  the  right  of 
this  government  to  said  mortgaged  premises  as  a  recompence 
for  the  sums  due  on  account  of  said  bridge  and  give  a  quit- 
claim to  the  same  and  thereupon  the  said  town  of  Middleton 
would  become  obliged  to  maintain  said  bridge,  &c.  ;  as  by  the 
report  on  file,  which  report  hath  been  by  this  Assembly 
accepted  and  approved  of :  Whereupon  it  is  resolved  by  this 
Assembly,  that  John  Chester  and  Thomas  Wells,  Esqfs,  be  a 
committee  with  full  power  in  behalf  of  the  Governor  and 
Company,  to  dispose  of  said  mortgaged  premises,  either  to 
said  memorialists  or  otherways  as  they  shall  think  just,  and 
pay  and  settle  with  said  Abigail,  allowing  her  said  sum  of 
£222  10s.  Od.  with  proper  allowance  for  discount  and  inter- 
est, and  in  the  name  of  the  Governor  and  Company  to  exe- 
cute proper  discharges  and  release  of  said  mortgaged  premises, 
as  also  to  take  a  proper  quit-claim  of  said  Abigail  of  her 
right  to  said  bridge,  and  proper  security  from  said  town  of 
Middleton  to  maintain  the  same. 

Upon  the  memorial  of  Hannah  Boardman  of  Weathersfield, 
administratrix  on  the  estate  of  Timothy  Boardman  late 
of  Weathersfield,  deceased,  shewing  to  this  Assembly  the 
debts  due  from  the  estate  of  said  deceased  surmounts  the 
moveable  estate,  over  and  al)ove  what  real  estate  has  already 


34  PUBLIC    RECORDS  [Maj, 

been  sold  by  order  of  this  Assembly,  the  sum  of  thirty-one 
pounds  seventeen  shillings  and  six  pence  ;  praying  for  lib- 
erty to  sell  so  much  more  of  the  real  estate  of  said  deceased 
as  to  make  said  sum  with  the  incident  charges  thereon  arising : 
Resolved  by  this  Assembly,  that  the  said  memorialist  with 
Jonathan  Belding,  Esq"",  of  Weathersfield,  have  liberty  and  they 
are  hereby  impowered,  to  sell  so  much  more  of  the  real  estate 
of  said  deceased  as  to  make  said  sum  of  <£31  17s.  6c?.  with 
the  incident  charges  thereon  arising  ;  taking  the  advice  of  the 
court  of  probate  for  the  district  of  Hartford  therein. 

Upon  the  memorial  of  Robert  Clelland,  school-master  to  the 
Mohegan  Indians,  representing  that  the  old  school-house  in 
said  Mohegan  (the  house  in  which  the  memorialist  lives) 
wants  repairing,  and  praying  this  Assembly  to  grant  seven 
pounds  to  be  apply'd  to  such  repairs,  as  per  said  memorial  on 
file  :  Resolved  by  this  Assembly,  that  there  be  paid  out  of  the 
public  treasury  unto  the  Rev^  Mr.  David  Jewitt  the  sum  of 
-seven  pounds,  under  his  direction  to  be  apply'd  to  make  the 
necessary  repairs  to  said  house ;  and  the  Treasurer  of  this 
Colony  is  hereby  ordered  to  pay  the  same  accordingly. 

Upon  the  memorial  of  Joseph  Meacham,  Cummins  Pease, 
Israel  Kibbee,  Elizur  Talcott,  John  Meacham,  Pelatiah  Pease 
and  Samuel  Bartlet,  representing  that  they  are  of  that  denomi- 
nation called  Baptists,  and  have  been  long  embodied  into 
church  estate  under  the  pastoral  care  and  ministry  of  the 
said  Joseph  Meacham ;  that  their  place  of  worship  is  at  En- 
field in  the  county  of  Hartford ;  that  nevertheless  they  are 
not  eased  of  the  burthen  of  charges  for  the  support  of  the 
constitutional  ministry  in  the  places  where  they  dwell,  <tc.; 
praying  for  relief,  &c.:  Resolved  by  this  Assembly,  that  the 
memorialists  be  and  they  are  hereby  released  and  exempted 
from  paying  anything  towards  the  maintenance  and  support 
of  the  ministry  in  the  places  where  they  dwell,  which  are  set- 
tled accoi'ding  to  the  constitution  of  this  government,  and 
also  from  all  charges  for  the  building  of  meeting-houses  in  such 
places. 

Upon  the  memorial  of  Joshua  and  others,  Indians  inhabit- 
ing the  southwesterly  part  of  the  town  of  Kent,  preferred  to 
this  Assembly  in  October  last,  complaining  that  in  the  late 
sale  and  disposition  of  some  of  the  lands  in  the  western  parts 
of  said  township  the  said  Indians  were  deprived  of  the  benefit 
of  a  certain  gap  or  opening  in  the  mountain  to  get  to  certain 
lands  there  reserved  for  their  use ;  also  alledging  that  the 
government  had  sold  some  land  there  that  they  the  said  In- 
dians had  never  sold,  &c.;  praying  for  relief  in  the  premises, 


1757.]  OF    CONNECTICUT.  35 

as  by  the  memorial  on  file  may  more  fully  appear;  upon 
which  memorial  this  Assembly  at  their  said  session  in  Octo- 
ber  appointed  Messrs.  Samuel  Adams  and  Roger  Sherman 
a  committee  to  repair  to  said  place,  &c.,  at  Kent,  view  the 
same  and  make  report  to  this  Assembly ;  which  said  com- 
mittee here  reported,  that  the  lot  No.  24,  the  southward  half 
[24]  thereof,  ||  being  sequestred  for  the  use  of  said  Indians, 
the  northern  half  was  sold  to  one  Azariah  Pratt,  the  dividing 
line  whereof  being  the  place  of  said  gap  or  opening  in  the 
mountain  complained  of;  the  said  committee  run  the  said 
dividing  line  beginning  at  a  heap  of  stones  in  the  Colony 
line  in  the  middle  between  the  northwest  and  southwest 
corner  of  said  lot  and  running  eastward,  to  wit,  east  21 
d.  south,  to  the  eastward  end  of  said  lot,  erecting  heaps  of 
stones  and  marking  trees  in  said  line ;  by  which  it  appears 
that  said  Indians  are  not  deprived  of  the  benefit  of  said  open- 
ing; also  recommending  Mr.  Jabez  Swift  of  said  Kent  to  be 
overseer  of  said  Indians,  &c.,  as  by  the  report  on  file :  Which 
report  of  said  committee  this  Assembly  doth  accept  and  ap- 
prove, and  do  ratify  and  confirm  said  line  so  run.  Further, 
this  Assembly  do  appoint  said  Mr.  Jabez  Swift  overseer  of  said 
Indians,  to  manage,  direct  and  superintend  said  Indians  and 
their  affairs  and  give  this  Assembly  such  informations  con- 
cerning them  from  time  to  time  as  he  shall  think  proper  and 
necessary. 

Upon  the  memorial  of  Caleb  Strong  of  Sharon,  representing 
that  he  was  bound  over  to  Litchfield  superior  court  August 
1755,  on  a  complaint  or  charge  of  perjury,  and  that  by  reason 
of  his  being  arrested  and  held  by  a  writ  of  our  Lord  the  King 
ill  his  way  to  said  court  on  the  first  day  of  the  court's  sitting 
he  was  so  detained  and  hindered  as  that  he  and  his  bondsman 
not  getting  to  court  in  season  were  defaulted  and  called  out ; 
praying  to  have  liberty  to  have  said  process  again  entred  and 
tried  in  the  superior  court  to  be  held  at  Litchfield,  on  his 
giving  bond  to  abide  judgment,  <fec.;  as  by  the  memorial  on 
file :  Resolved  by  this  Assembly,  that  the  memorialist  have 
liberty  to  enter  and  have  a  tryal  on  said  process  at  the  super- 
ior court  to  be  held  at  Litchfield  in  August  next,  on  his  giving 
in  bond  with  good  surety  before  said  court  to  abide  the  judg- 
ment that  shall  be  given  therein. 

Upon  the  memorial  of  Simon  Tracy  jun"",  Josiah  Backus 
and  others,  the  selectmen  of  the  town  of  Norwich,  shewing  to 
this  Assembly  that  pursuant  to  the  law  of  this  Colony  they 
had  taken  into  their  care  and  management  the  person,  family 
and  estate  of  James  Fitch  of  said  Norwich,  who  by  reason  of 


36  PUBLIC   RECORDS  [May, 

his  idleness,  &c.,  was  like  to  be  reduced  to  poverty  and  want ; 
also  shewing  that  the  whole  of  the  personal  estate  of  the  said 
Fitch  in  their  hands  is  necessary  for  the  comfortable  support 
of  the  said  family,  and  that  the  memorialists  have  taken  an 
account  of  his  debts  and  find  he  owes  the  sum  of  X15  18s. 
M.  lawful  money ;  and  praying  this  Assembly  to  impower 
the  memorialists  to  sell  so  much  of  the  land  of  the  said  James 
Fitch  as  to  enable  them  to  pay  the  said  £15  18s.  Sd.  and  the 
charge  of  their  proceedings  and  the  incident  charges  arising 
on  such  sale ;  as  per  the  said  memorial  on  file :  Resolved  by 
this  Assembly,  that  the  memorialists  have  liberty,  and  they 
are  hereby  impowered,  to  sell  so  much  of  the  lands  of  the 
said  James  Fitch  as  to  enable  them  to  pay  the  said  <£15  18s. 
dd.  and  the  charges  aforesaid  ;  and  that  they  lodge  an  account 
of  such  their  doings  with  the  town-clerk  of  said  Norwich. 

Upon  the  memorial  of  Ben-Uncas,  sachem  of  the  Mohegan 
tribe,  for  himself  and  in  behalf  of  said  tribe,  representing  to 
this  Assembly  that  the  state  and  circumstances  of  the  lands 
belonging  to  said  tribe  at  Mohegan  are  such  as  render  it 
necessary  that  an  open  highway  be  laid  out  thro'  the  same 
from  Norwich  line  southward  at  or  near  the  place  where  the 
path  now  goes ;  that  those  lands  being  under  the  special 
regulation  of  this  Assembly  no  highway  can  be  opened  there 
without  the  special  order  thereof ;  and  praying  this  Assembly 
to  appoint,  order  and  impower  a  committee  to  survey  and  lay 
out  the  same :  Resolved  by  this  Assembly,  that  Hezekiah 
Huntington,  John  Richards  and  Matthew  Griswold,  Esq'"^  be 
[25]  a  committee,  and  they  are  hereby  appointed,  ordered  || 
and  impowered,  to  lay  out  and  describe  the  said  highway  thro' 
the  said  Mohegan  lands  where  it  may  be  most  advantageous  to 
the  public  and  least  prejudicial  to  the  improvements  of  the 
said  lands,  and  enter  such  their  doings  with  the  register  of  the 
town  of  New  London ;  and  that  the  said  highway  being  so 
laid  out,  described  and  recorded  as  aforesaid,  shall  be  laid 
open  for  public  use  and  all  incumbrances  and  obstructions 
removed  therefrom  on  or  before  the  first  day  of  May  next,  and 
shall  remain  to  be  an  open  public  road  or  highway ;  and  that 
said  committee  make  return  of  their  doings  herein  to  this 
Assembly  at  their  session  in  May  next. 

On  the  memorial  of  Matthias  Smith  of  Weathersfield,  shew- 
ing to  this  Assembly  that  he  being  a  soldier  in  this  Colony's 
service  in  the  expedition  against  Crown  Point  in  the  year 
1755,  and  in  the  battle  there  fought  with  the  French  was 
grievously  wounded  in  his  shoulder  and  his  arm  much  per- 
ished thereby,  so  that  he  is  unfit  for  labour  for  his  support ; 


1757.]  OF    CONNECTICUT.  37 

praying  this  Assembly  to  grant  him  some  relief :  Resolved  by 
this  Assembly,  that  the  Treasurer  of  this  Colony  be  and  he  is 
hereby  ordered  to  deliver  unto  the  said  Smith  five  pounds 
lawful  money  out  of  the  Colony  treasury,  as  an  assistance  to 
the  said  Smith  for  his  support. 

Upon  the  memorial  of  Samuel  Fairchild,  administrator  on 
the  estate  of  Thomas  Fairchild  late  of  Haddam  in  the  county 
of  Hartford,  deceased,  shewing  to  this  Assembly  that  there 
were  debts  and  charges  due  from  said  estate  the  sum  of  £19 
15s.  3(i.  lawful  money,  for  which  hitherto  there  had  been  no 
certificate  given,  and  that  there  was  no  moveable  estate  in  his 
hands  to  pay  the  same  :  It  is  therefore  resolved  by  this  Assem- 
bly, tliat  the  memorialist,  Samuel  Fairchild  of  Middleton,  and 
Mr.  John  Camp  jun""  of  Durham,  be  impowered,  and  they 
are  hereby  impowered,  to  sell  so  much  of  the  lands  or  real 
estate  of  the  deceased  aforesaid  as  shall  procure  the  sum  of 
£19  15s.  3c?.  lawful  money ;  taking  the  direction  of  the  court 
of  probate  in  the  district  of  Middleton,  and  to  answer  the 
incident  charges  arising  thereon. 

Upon  the  memorial  of  John  Felshaw  and  Damaris  Chand- 
ler, administrators  on  the  estate  of  Lemuel  Chandler  late  of 
Killingley  in  the  district  of  Pomfret,  deceased,  shewing  to  this 
Assembly  that  the  debts  due  from  said  estate  surmount  the 
moveable  estate  the  sum  of  eighty-five  pounds  fourteen  shil- 
lings and  three  farthings  lawful  money,  and  said  administrators 
moving  to  this  Assembly  that  they  shall  have  liberty  to  sell 
so  much  of  the  real  estate  of  said  deceased  as  to  pay  the  sum 
abovesaid  with  the  incident  charges  arising  thereon  :  Resolved 
by  this  Assembly,  that  the  said  John  Felshaw  have  liberty  to 
sell  so  much  of  the  real  estate  of  said  deceased  as  to  pay  the 
sum  of  eighty-five  pounds  fourteen  shillings  and  three  farth- 
ings lawful  money  with  the  incident  charges  arising  thereon  ; 
taking  the  direction  of  the  court  of  probates  for  the  district  of 
Pomfret  therein. 

Upon  the  memorial  of  Jeremiah  McComber  of  New  Haven, 
conservator  of  the  person  and  estate  of  Samuel  Cooper  and 
wife  of  said  New  Haven,  shewing  to  this  Assembly  that  there 
is  due  to  the  said  McComber  the  sum  of  £'21  3s.  S^d.  for 
keeping  the  said  Samuel  Cooper  and  wife  from  the  8th  day 
of  April  1756  to  the  8th  of  April  1757,  as  allowed  by  the 
county  court  in  the  county  of  New  Haven  ;  praying  for  liberty 
to  sell  so  much  of  the  lands  of  the  said  Samuel  Cooper  as  will 
raise  the  said  sum,  <fec.:  Resolved  by  this  Assembly,  that  the 
said  Jeremiah  McComber  have  liberty  and  he  is  hereby  im- 
powered to  sell  so  much  of  the  lands  of  the  said  Samuel 


38  PUBLIC   RECORDS  [May, 

Cooper  as  will  pay  the  said  sum  of  £21  3s.  SicZ.  lawful  money 
with  the  charges  of  sale. 

Upon  the  memorial  of  Samuel  Darling  of  New  Haven,  con- 
servator of  the  person  and  estate  of  Daniel  Johnson  of  said 
[26]  New  Haven,  II  shewing  to  this  Assembly  that  the  bal- 
ance due  to  him  from  the  estate  of  said  Johnson,  as  conser- 
vator aforesaid,  is  <£11  18s.  lid.  lawful  money,  (which 
account  hath  been  allowed  by  the  county  court  in  the  county 
of  New  Haven,)  and  praying  for  liberty  to  sell  so  much  of  the 
lands  of  the  said  Johnson  as  will  pay  the  same,  &c.:  Resolved 
by  this  Assembly,  that  the  said  Samuel  Darling  have  liberty 
and  he  is  hereby  impowered,  to  sell  so  much  of  the  lands  of 
the  said  Daniel  Johnson  as  will  raise  the  said  sum  of  .£11 
18s.  lid.  lawful  money  with  the  incident  charges  arising  on 
such  sale. 

Upon  the  memorial  of  Thomas  Tousey  of  Newtown  in  the 
county  of  Fairfield,  representing  to  this  Assembly  that  there 
remains  due  to  the  Treasurer  of  this  Colony  a  small  sum  of 
principal  and  interest  on  a  certain  bond  by  him  given  in  the 
year  of  our  Lord  1742,  for  money  borrowed  of  this  Colony  to 
defend  in  a  certain  suit  in  Great  Britain  against  him  had  by 
Samuel  Clark  of  Milford,  a  suit  in  its  defence  of  great  impor- 
tance to  this  Colony,  and  praying  the  remission  of  the  remainder 
of  said  bond,  and  that  the  same  may  be  cancelled  and  deliv- 
ered up  to  him,  for  reasons  in  said  memorial  given,  as  from 
the  same  on  file  appears  :  Resolved  by  this  Assembly,  that  no 
farther  demands  be  made  on  said  Tousey  on  said  bond,  but  that 
the  same  be  cancelled,  and  that  Robert  Walker,  Esq"",  one  of 
the  agents  or  trustees  of  this  Colony  in  whose  hands  said 
bond  remains,  deliver  the  same  up  to  the  said  Tousey. 

Upon  the  memorial  of  Cornelius  Dikeman  and  others, 
inhabitants  of  the  northern  parts  of  Greens  Farm  Society, 
of  part  of  Greenfield  in  the  township  of  Fairfield  and  part  of 
Wilton  in  Norwalk  in  Fairfield  county,  praying  to  be  a  distinct 
ecclesiastical  society,  and  the  report  of  a  committee  in  their 
favour :  This  Assembly  do  enact  and  order,  that  the  inhabitants 
within  the  limits  hereafter  mentioned  shall  be  and  here})y  are 
made  and  constituted  a  distinct  ecclesiastical  society,  and 
hereby  are  endowed  with  all  the  privileges  and  immunities 
of  such  societies  in  this  Colony,  and  shall  be  called  by  the 
name  of  Norfield ;  and  that  the  bounds  of  said  society  shall 
be  as  follows,  viz :  beginning  at  the  military  bounds  in  the 
western  line  of  Fairfield  township  twenty  rods  above  Jehu 
Moreliouses  dwelling  house,  and  from  thence  running  easterly 
to  the  widow  Sarah  Fantons  dwelling  house,  including  the 


1767.]  OF    CONNECTICUT.  39 

same,  and  so  on  to  Greenfield  parish  line  ;  thence  northward 
with  said  line  to  Aspetuck  River ;  thence  running  northerly 
by  said  river  to  Gilberts  highway,  so  called,  about  half  a  mile 
west  of  the  mile  of  common ;  thence  northerly  by  said  highway 
up  to  Reading  south  line,  and  thence  westerly  by  said  south 
line  to  the  westerly  line  of  Fairfield  township  ;  then  southerly 
as  the  perambulation  line  between  the  towns  of  Fairfield  and 
Norwallv  runs  to  tlie  western  branch  of  Sagatuck  River,  and  then 
by  said  branch  till  it  comes  to  said  dividing  line  again ;  then 
running  down  with  said  line  to  said  military  line.  Provided 
nevertheless,  that  nothing  herein  contained  shall  be  construed 
to  exempt  those  persons  included  in  this  society  and  taken 
out  of  the  'society  of  Greenfield  from  being  taxed  by  the 
society  of  Greenfield  their  proportionable  part  to  perform  the 
covenant  said  society  of  Greenfield  lately  made  with  Mr. 
Goodsell  their  late  pastor,  to  pay  him  a  certain  sum  of  money 
for  and  in  lieu  of  his  maintenance. 

Upon  the  memorial  of  Jonathan  Alger  of  Lyme,  adminis- 
trator on  the  estate  of  Roger  Alger  jun"",  late  of  Lyme, 
deceased,  shewing  to  this  Assembly  that  the  whole  inven- 
toried estate  of  said  deceased  amounts  to  the  sum  of  «£94  Os. 
[27]  3c?.  II  lawful  money,  whereof  <£60  Os.  Od.  is  real  and 
^34  Os.  OcZ.  is  personal  estate  ;  that  sundry  debts  due  from 
the  estate  of  said  deceased  paid  by  said  memoralist  with 
allowance  to  the  widow  for  the  support  of  a  lame  helpless 
child  amount  to  the  sum  of  £25  3s.  6d.  lawful  money;  that 
sundry  necessaries  set  out  to  the  widow  for  her  use  during 
life  amount  to  the  sum  of  £1  Os.  Od.  lawful  money ;  that  the 
debts  paid  and  still  due  from  the  estate  of  said  deceased,  with 
the  allowances  aforesaid  surmount  the  personal  estate  of  said 
deceased  the  sum  of  £51  15s.  l^d.  lawful  money;  praying 
for  liberty  to  make  sale  of  so  much  of  the  real  estate  of  said 
deceased  as  shall  amount  to  the  sum  of  .£57  15s.  Ihd-  lawful 
money  with  incident  charges  arising  thereon,  as  per  memorial 
on  file  :  Resolved  by  this  Assembly,  that  said  memorialist  be 
and  is  hereby  appointed  and  impowered  to  make  sale  of  so 
much  of  the  estate  of  said  deceased  as  shall  amount  to  the 
sum  of  £51  15s.  7|c?.  lawful  money  with  the  incident  charges 
arising  thereon ;  taking  the  direction  of  the  court  of  probate 
in  the  district  of  New  London  therein. 

Upon  tlie  memorial  of  Daniel  Bradly  and  others,  inhabitants 
of  the  north  part  of  the  first  society  in  New  Haven,  shewing 
that  they  live  at  a  great  distance  from  the  public  worship  in 
said  society  ;  praying  to  have  a  committee  appointed  to  view 
the  circumstances  of  the  memorialists,  &c.,«a.nd,  if  they  sliall 


40  PUBLIC  RECORDS  [May, 

think  it  meet  and  best,  make  them  a  distinct  ecclesiastical 
society  &c.,  as  by  the  memorial  on  file  may  more  fully 
appear:  Resolved  by  this  Assembly,  that  Benjamin  Hall, 
Samuel  Bassett  and  Nathaniel  Harrison,  Esq^s,  be  a  com- 
mittee, and  they  are  hereby  impowered  and  directed  as  a 
committee  at  the  cost  of  the  memorialists,  to  repair  to  said 
district  and  view  the  circumstances  of  the  memorialists, 
notifying  said  first  society  &c.,  and  having  heard  all  parties 
concerned  make  their  report  to  this  Assembly  in  October  next, 
what  they  shall  think  best  and  most  suitable  to  be  done  in  the 
premises. 

On  the  memorial  of  Dorothy  Grigs  of  Ashford  in  Windham 
county,  administratrix  on  the  estate  of  John  Grigs  late  of  said 
Ashford,  deceased,  shewing  to  this  Assembly  that  the  debts 
due  from  said  estate  and  the  charges  arisen  thereon  surmount 
the  personal  estate  of  the  said  deceased  the  sum  of  .£12  6s. 
2d.  lawful  money,  and  praying  that  she  may  have  liberty  to 
sell  so  much  of  the  lands  that  the  said  deceased  died  seized 
of  as  will  pay  said  sum  of  X12  6s.  2d.  lawful  money  and  inci- 
dent charges  arising  thereon  :  Resolved  by  this  Assembly,  that 
the  said  Dorothy  Grigs  have  liberty  to  sell  so  much  of  the 
lands  that  the  said  deceased  died  seized  of  as  will  pay  said 
sum  of  £12  6s.  2d.  lawful  money  and  the  incident  charges 
arising  thereon ;  taking  the  direction  of  the  court  of  probate 
in  the  district  of  Pomfret  therein  ;  and  that  Amos  Babcock, 
Esq"",  is  hereby  impowered  to  make  sale  of  the  same. 

Upon  the  memorial  of  Ebenezer  Cliilds  jun"",  administrator 
on  the  estate  of  John  Brock  jun"",  late  of  Woodstock  in  the 
district  of  Pomfret,  deceased,  shewing  to  this  Assembly  that 
the  debts  due  from  said  estate  surmount  the  moveable  estate 
the  sum  of  forty-one  pounds  thirteen  shillings  and  nine  pence 
half-penny  lawful  money,  and  said  administrator  moving  to 
this  Assembly  that  he  have  liberty  to  sell  so  much  of  the  real 
estate  of  said  deceased  as  to  pay  the  sum  abovesaid  with  the 
incident  charges  arising  thereon  :  Resolved  by  this  Assembly, 
that  the  said  Ebenezer  Childs  junr  have  liberty  to  sell  so 
much  of  the  real  estate  of  said  deceased  as  to  pay  the  sum  of 
forty-one  pounds  thirteen  shillings  and  nine  pence  half-penny 
lawful  money  with  the  incident  charges  arising  thereon ; 
taking  the  direction  of  the  court  of  probate  for  the  district 
of  Pomfret  therein. 

On  the  memorial  of  Joseph  Webb,  administrator  on  the 
estate  of  Hezekiah  Reynolds  late  of  Greenwich,  deceased, 
shewing  to  this  Assembly  that  the  debts  and  charges  allowed 
by  the  court  of  probate  for  the  district  of  Stanford  against 


1757.]  OF    CONNECTICUT.  41 

said  estate  surmount  the  moveable  part  of  said  estate  the  sura 
of  =£234  l.s.  4|c?.,  and  thereupon  praying  for  liberty  to  sell 
[28  J  lands,  <fec.:  ||  Resolved  by  this  Assembly,  that  the 
memorialist  be  impowered  and  he  is  hereby  impowered,  to  sell 
so  much  of  the  real  estate  of  the  said  deceased  as  will  pro- 
cure the  aforesaid  sum  of  two  hundred  and  thirty-four  pounds 
one  shilling  and  four  pence  three  farthings  together  with  the 
incident  charges  arising  on  such  sale  ;  taking  the  direction  of 
the  court  of  probate  for  the  district  of  Stanford  therein. 

Upon  the  memorial  of  Hezekiah  Lee  and  Samuel  Hinman, 
inlialjitants  in  the  northeasterly  part  of  Goshen  in  Litchfield 
county,  on  behalf  of  themselves  and  others  the  inhabitants 
[of]  the  northeasterly  part  of  said  Goshen,  shewing  to  this 
Asseml:)ly  that  the  said  memorialists  are  by  the  providence  of 
God  situate  so  remote  from  the  place  of  public  worship  by  law 
established  in  said  Goshen  as  to  be  very  much  obstructed 
and  hindered  from  attending  the  public  worship  of  God  in  the 
meeting-house  in  the  Avinter  season ;  praying  this  Assembly 
to  grant  liberty  unto  them  and  the  rest  of  the  inhabitants  of 
the  northeasterly  part  of  said  Goshen  who  live  north  of  an 
east  and  west  line  to  be  drawn  from  the  north  end  of  the 
dwelling  house  of  Capt.  John  Beach  and  east  of  a  north  and 
south  line  to  be  drawn  from  the  east  end  of  Ivy  Mountain,  to 
procure  and  have  tlie  preaching  of  the  gospel  among  them- 
selves from  and  after  the  first  day  of  December  annually 
till  the  first  day  of  April,  including  four  months  in  each  year, 
and  to  exempt  said  memorialists  from  contributing  to  the  sup- 
port of  the  gospel  with  the  rest  of  the  inhabitants  of  said 
town  during  said  four  months  annually,  and  that  Ensign 
Joseph  Lee  of  said  Goshen,  who  lives  adjoyning  to  said  district, 
may  be  annexed  to  said  district :  Resolved  by  this  Assembly, 
that  the  said  memorialists,  together  with  the  said  Joseph  Lee 
and  the  rest  of  the  inhabitants  and  their  associates  living  in 
said  Goshen  within  the  limits  above  described,  have  liberty 
and  liberty  is  hereby  granted,  to  procure  and  have  the  gospel 
preached  to  and  amongst  themselves  from  and  after  the  first 
day  of  December  until  the  first  day  of  April  annually,  and 
that  they  be  exempt  from  contributing  to  the  support  of  the 
gospel  with  the  rest  of  the  inhabitants  of  said  Goshen  during 
said  four  months  in  which  they  have  liberty  granted  to  them 
to  have  the  gospel  preached  amongst  themselves  annually, 
and  that  they  have  all  powers  and  priviledges  as  other  dis- 
tricts for  winter  preaching  by  law  have.  Always  provided, 
the  said  memorialists  procure  gospel  preaching  amongst  them- 
selves the  said  four  months  annually. 

6 


42  PUBLIC   RECOEDS  [May, 

Upon  the  memorial  of  Joliii  Pay  son,  of  Woodstock  in  the 
county  of  Windham,  shewing  that  there  is  no  tavern  or  house 
of  pubHc  entertainment  kept  in  said  town  of  Woodstock  upon 
or  near  the  road  leading  from  Hartford  to  Boston  through 
the  same,  and  that  there  is  great  necessity  thereof ;  and  the 
said  John  Payson  moving  to  this  Assembl/  for  licence  to  ket" 
such  public  house  of  entertainment  in  said  town  of  Woodsti..> 
the  year  ensuing,  he  giving  sufficient  bond  to  the  treasurer  of 
the  county  of  Windham  at  the  next  county  court  to  be  held 
at  Windham  in  June  next,  and  that  said  county  court  be 
enabled  and  directed  to  take  such  bond :  Resolved  by  this 
Assembly,  that  the  said  John  Payson  have  liberty,  and  licence 
is  hereby  granted  to  him,  to  keep  a  public  house  of  entertain- 
ment in  said  town  of  Woodstock  the  year  ensuing :  provided 
he  gives  sufficient  bond  to  the  treasurer  of  the  county  of 
Windham  in  the  next  county  court  to  be  at  Windham  at 
their  session  in  June  next,  for  his  due  observation  of  the 
laws  relating  to  keeping  such  public  house,  which  said  county 
court  are  hereby  directed  and  enabled  to  do. 

Upon  the  memorial  of  Seth  Sutton,  administrator  on  the 
estate  of  Abiel  Bliss  late  of  Hebron,  deceased,  shewing  to 
[29]  this  Assembly  that  the  debts  and  ||  charges  due  from 
the  estate  of  said  deceased  surmount  the  personal  estate  of 
said  deceased  the  sum  of  £21  16s.  llAc?. lawful  money;  pray- 
ing for  liberty  to  sell  so  much  of  the  real  ""^ '  "io.  of  said 
deceased  as  to  raise  money  to  pay  said  sum  witx'  aie  incident 
charges :  Resolved  by  this  Assembly,  that  liberty  be  granted ; 
and  the  said  Seth  Sutton  is  hereby  appointed  and  impowered, ' 
to  sell  so  much  of  the  real  estate  of  said  Abiel  Bliss,  deceased, 
as  to  raise  the  said  sum  of  <£27  16s.  ll^d.  lawful  money,  (for 
the  payment  of  said  debts,)  with  the  necessary  charges  aris- 
ing on  said  sale  ;  taking  the  direction  of  the  com-t  of  probate 
in  the  district  of  East  Haddam  therein. 

Upon  the  memorial  of  Jehiel  Rose  of  Coventry  in  the  county 
of  Windham,  shewing  to  this  Assembly  that  the  debts  due 
from  the  estate  of  Daniel  Rose  of  said  Coventry,  deceast, 
surmount  the  moveable  estate  of  said  deceast  the  sum  of  =£24 
lawful  money  ;  praying  for  liberty  to  sell  so  much  of  the  real 
estate  of  said  deceast  as  to  enable  him  to  pay  the  sum  of  X24 
lawful  money :  Resolved  by  this  Assembly,  that  the  said 
Jehiel  Rose  have  liberty,  and  liberty  is  hereby  granted  unto 
the  said  Jehiel  Rose,  to  make  sale  of  so  much  of  the  real 
estate  of  said  deceast  as  to  pay  the  said  sum  of  <£24  law- 
ful money  with  the  incident  charges  arising  thereon ;  taking 
the  direction  of  tlie  court  of  probate  for  the  district  of  Wind- 
ham therein. 


1757.]  OF     CONNECTICUT.  43 

Upon  the  memorial  of  Mary  Chandler,  administratrix  on 
the  estate  of  William  Chandler  late  of  Woodstock  in  the  dis- 
trict of  Pomfret,  deceased,  shewing  to  this  Assembly  that  the 
debts  due  from  said  estate  surmount  the  moveable  estate  the 
sum  of  sixty-two  pounds  nine  shillings  lawful  money,  and 
Taid  administratrix  moving  to  this  Assembly  that  she  shall 
^otve  liberty  to  sell  so  much  of  the  real  estate  of  said  deceased 
as  to  pay  the  sum  abovesaid  with  the  incident  charges  arising 
thereon :  Resolved  by  this  Assembly,  that  the  said  Mary 
Chandler  have  liberty  to  sell  so  much  of  the  real  estate  of 
said  deceased  as  to  pay  the  sum  of  sixty-two  pounds  nine 
shillings  lawful  money,  with  the  incident  charges  arising 
thereon  ;  taking  the  direction  of  the  court  of  probate  for  the 
district  of  Pomfret  therein. 

On  the  memorial  of  Hezekiah  Manning  of  Windham,  admin- 
istrator on  the  estate  of  Elias  Frink  jun"",  late  of  said  Wind- 
ham, deceased,  shewing  to  this  Assembly  that  the  debts  due 
from  said  estate  surmount  the  inventoried  personal  estate 
of  said  deceased  the  sum  of  £4:5  lis.  Id.  lawful  money ; 
praying  liberty  to  sell  about  seven  rods  of  land  with  a  dwell- 
ing house  partly  finished,  being  the  estate  of  said  deceased, 
for  the  paying  and  satisfying  said  sum  with  incident  charges 
of  sale :  Which  is  hereby  granted,  and  the  said  administrato*^ 
is  hereby  impowered  to  make  sale  of  said  house  and  land  as 
prayed  fc  ■'iking  the  direction  of  the  court  of  probate  for 
the  district  ui  Windham  therein. 

Upon  the  memorial  of  Stephen  Brown,  constable  of  Kil- 
lingley,  shewing  to  this  Assembly  that  in  February  last  he 
took  a  thirty-shilling  bill  of  the  late  emission  of  the  Colony 
of  Connecticut  and  wrote  the  mans  name  on  said  bill  of  whom 
he  received  the  same,  and  by  drying  the  same  by  the  fire  said 
bill  was  accidentally  burnt  &c.;  praying  to  this  Assembly  to 
grant  an  order  to  the  Treasurer  of  said  Colony  to  pay  said 
sum,  &c. :  Resolved  by  this  Assembly,  that  the  Treasurer  be 
directed,  and  he  is  hereby  ordered,  to  pay  out  of  said  treasury 
to  said  Stephen  Brown  the  sum  of  thirty  shilling  of  the  said 
last  emission. 

Upon  the  memorial  of  Jonathan  Ives  of  New  Haven,  con- 
servator of  the  person  and  estate  of  Ruth  Ives  of  said  New 
Haven,  shewing  to  this  Assembly  that  in  taking  care  of  and 
providing  for  said  Rutli,  she  being  deprived  of  the  exercise  of 
her  reason,  he  hath  expended  to  the  amount  of  <£72  Os. 
[80]  lOc?.  II  lawful  money  more  than  the  moveable  estate 
belonging  to  said  Ruth ;  praying  for  liberty  to  sell  so  much 
of  the  real  estate  of  said  Ruth  Ives  as  shall  enable  him  to  pay 


44  PUPLic  EECORDS  [May, 

said  sum  together  with  incident  charges,  as  by  the  memorial 
on  file  :  Resolved  by  this  Assembly,  that  the  memorialist  have 
liberty,  and  he  is  hereby  enabled  and  impowered,  to  make 
sale  of  so  much  of  the  real  estate  of  said  Ruth  Ives  as  shall 
enable  him  to  raise  and  pay  said  sum  of  <£72  Os.  lOd.  lawful 
money  together  with  incident  charges  of  sale,  and  to  give  and 
execute  deed  or  deeds  accordingly. 

Upon  the  memorial  of  Amzi  Beach  and  Landa  Beach, 
administrators  on  the  estate  of  Thomas  Beach  late  of  Milford, 
deceased,  shewing  to  this  Assembly  that  since  the  sale  of 
such  lands  of  the  said  deceased  as  by  liberty  from  this 
Assembly  the  said  administrators  have  sold,  there  hath  of 
further  debts  due  from  said  estate  and  charges  amounting  to 
the  sum  of  <£91 11.?.  M.  old  tenor  been  discovered  and  allowed; 
praying  further  liberty  to  sell  so  much  more  of  the  lands  of 
said  deceased  as  to  raise  a  sufficient  sum  to  pay  said  sum  of 
.£91  lis.  4tl  old  tenor  with  necessary  charges  arising  thereon: 
Resolved  by  this  Assembly,  that  liberty  be  granted,  and  the 
said  Amzi  Beach  and  Landa  Beach  are  hereby  impowered,  to 
make  sale  of  so  much  of  the  lands  of  the  said  Thomas  Beach, 
deceased,  as  to  raise  a  sufficient  sum  to  pay  said  £91  lis.  4:d. 
old  tenor  with  the  necessary  incident  charges  arising  on  said 
sale  ;  taking  the  direction  of  the  court  of  probate  in  the  dis- 
trict of  New  Haven  thereon. 

Upon  the  memorial  of  Ruth  Dickinson  and  James  Dickin- 
son, administrators  on  the  estate  of  James  Dickinson  late  of 
Somers  in  the  county  of  Hartford,  deceased,  shewing  to  this 
Assembly  that  the  debts  and  charges  allowed  and  moveables 
set  to  the  widow  of  the  said  deceased  by  the  court  of  probate 
in  the  district  of  Hartford  surmount  the  moveable  estate  of 
the  said  deceased  the  sum  of  £201  14s.  2d.  lawful  money; 
praying  for  liberty  to  make  sale  of  real  estate  of  said  deceased 
for  the  payment  of  said  debt,  &c. :  Resolved  by  this  Assembly, 
that  the  said  memorialists  have  liberty  to  sell  land,  and 
liberty  is  hereby  granted  to  the  said  memorialists,  to  make 
sale  of  so  much  of  the  real  estate  of  the  said  James  Dickin- 
son, deceased,  as  will  procure  said  sum  of  £201  14s.  2d. 
lawful  money,  for  the  payment  of  said  debt  with  incident 
charges  of  sale  arising  ;  taking  the  advice  of  the  court  of 
probate  in  the  district  of  Hartford  therein. 

Upon  the  memorial  of  David  Hartshorn  the  3d,  adminis- 
trator on  the  estate  of  Thomas  Pember  late  of  Norwich,  de- 
ceased, shewing  to  tliis  Assembly  that  the  debts  and  charges 
surmount  the  personal  estate  of  the  said  deceased  the  sum  of 
^20  16s.  od.,  and  praying  for  liberty  to  sell  so  much  of  the 


1757.]  OF    CONNECTICUT.  45 

real  estate  of  the  said  deceased  as  to  enable  him  to  pay  the  said 
sum  with  the  incident  charges  arising  on  such  sale:  Resolved 
by  this  Assembly,  that  the  said  administrator  have  liberty, 
and  liberty  is  hereby  granted  him,  to  sell  so  much  of  the  real 
estate  of  the  said  deceased  as  to  pay  the  said  smn  of  X20  I6s. 
Sd.  and  the  incident  charges  arising  on  such  sale ;  taking 
direction  of  the  court  of  probate  in  the  district  of  Norwich 
therein. 

Upon  the  memorial  of  Joseph  Wooster,  one  of  the  owners 
and  proprietors  of  the  copper-mine  in  Kent  in  the  pitch  in  the 
7th  division  of  land  in  said  Kent,  and  others  owners  and 
proprietors  of  said  mine,  representing  that  improving  the 
same  may  be  to  their  advantage  and  lieneficial  for  the  public ; 
praying  for  priviledges  and  immunities,  as  by  their  mem- 
[31]  orial  on  file  appears:  Resolved  and  enacted  by  this  || 
Assembly,  that  said  mine  shall  be  managed  and  improved 
by  the  consent  and  approbation  of  the  major  part  of  the 
proprietors,  which  majority  shall  arise  from  the  greatest  part 
of  interest  or  propriety  ;  and  that  if  any  of  the  proprietors  of 
the  said  mine  shall  neglect  or  refuse  to  improve  and  carry  on 
his  or  their  part  or  proportion  in  the  said  mine  in  equal  pro- 
portion with  the  rest  of  the  proprietors,  either  in  their  labour 
or  payment  of  money,  that  it  shall  be  lawful  for  any  other  or 
all  other  of  the  proprietors  to  enter  upon  and  improve  the 
part  or  proportion  of  said  mine  belonging  to  the  person  so 
neglecting,  and  to  hold  and  improve  the  same  till  from  the 
profits  thereof  he  or  they  shall  be  repaid  the  charges  and 
expence  he  or  they  shall  be  at  in  managing  said  part  or  parts 
and  the  oar  thereof.  And  the  same  rule  shall  also  be  attended 
in  the  case  of  orphans  whose  guardians  shall  neglect  or  refuse 
to  impi'ove  their  wards  part  or  propriety  in  the  said  mine. 
And  that  the  proprietors  of  said  mine  shall  once  every  year 
have  a  general  meeting,  the  first  to  be  on  the  first  Tuesday 
of  October  next,  and  on  the  following  years  on  the  first  Tues- 
day of  October,  and  oftner  as  they  shall  see  cause  to  order 
and  direct,  and  order  and  direct  the  affairs  and  business  of 
said  mine  and  to  choose  and  appoint  their  clerk  and  a  com- 
mittee whom  they  may  improve  for  the  ordinary  affairs  of 
said  mine  or  to  call  meetings  of  the  proprietors  on  any  special 
occasion. 

Upon  the  memorial  of  Titus  Tuttle  of  New  Haven,  executor 
of  the  last  will  and  testament  of  Benjamin  Todd  jun"",  late  of 
said  New  Haven,  deceased,  shewing  to  this  Assembly  that 
the  debts  due  from  said  estate  exceed  the  moveables  the  sum 
of  £42  166'.  8|cZ.  lawful  money;  praying  for  liberty  to  sell  so 


46  PUBLIC   RECORDS  [May, 

much  of  the  real  estate  of  said  deceased  as  shall  enable  him 
to  pay  said  sum,  &c.,  as  by  the  memorial  on  file:  Resolved 
by  this  Assembly,  that  the  memorialist  have  liberty,  and  he 
is  hereby  enabled,  to  make  sale  of  so  much  of  the  real  estate 
of  said  deceased  as  shall  enable  him  to  pay  said  sum  of  X4:2 
16s.  8|c?.  lawful  money  with  incident  charges ;  taking  the 
advice  and  direction  of  the  court  of  probate  in  the  district  of 
New  Haven  therein. 

Upon  the  memorial  of  Simeon  Minor  and  Nathaniel  Hunt- 
ington, shewing  to  this  Assembly  that  one  Daniel  Galusha, 
of  Dover  in  Dutchess  county  in  the  Province  of  New  York, 
was  committed  to  goal  in  Norwich  in  the  county  of  New  Lon- 
don on  suspicion  of  counterfeiting  bills  of  credit  &c.,  and  was 
there  kept  in  goal  five  months,  for  the  charge  of  which 
nothing  hath  been  paid ;  praying  that  this  Assembly  would 
order  that  the  said  charges  be  paid  out  of  the  treasury  of  this 
Colony,  as  per  memorial  on  file :  Resolved  by  this  Assembly, 
that  the  sum  of  three  pounds  lawful  money  be  paid  out  of  the 
Colony  treasury  for  the  keeping  and  providing  for  the  said 
Galusha  while  he  was  in  goal  as  aforesaid  ;  and  the  Treasurer 
of  this  Colony  is  hereby  ordered  to  pay  the  same  accordingly. 

Upon  the  memorial  of  Richard  Ranney  of  Newtown  in  the 
county  of  Fairfield,  representing  to  this  Assembly  that  he  is 
one  of  the  heirs  and  descendants  of  Robin,  an  Indian  sachem, 
late  of  Middleton  in  the  county  of  Hartford,  deceased,  to 
whom  with  other  Indians  certain  lands  in  said  Middleton  on 
the  east  side  of  Connecticut  River  were  granted  by  tlK  ~  "o- 
prietors  of  said  Middleton,  which  are  still  owned  and  c'  '^,?ed 
l)y  the  descendants  of  said  Indians  ;  that  he  has  been  educated 
among  the  English  and  been  christianized,  and  is  desirous  to 
have  his  right  and  proportion  of  said  lands  aparted  and  set 
out  to  him,  so  that  he  may  enter  upon  and  improve  such  his 
proportion  after  the  Englisli  manner,  but  by  reason  of  the 
confusion  and  uncertainty  of  the  Indian  titles,  descents,  &c., 
he  is  unable  to  determine  in  certain  his  proportion  of  right  in 
[32]  said  lands,  or  to  adjust  the  same  ||  with  the  other 
Indian  claimants  of  said  lands ;  praying  the  aid  of  this 
Assembly  therein,  and  that  a  committee  may  be  appointed  to 
enquire  &c.,  as  by  the  memorial  on  file  appears  :  Resolved  by 
this  Assembly,  that  John  Chester  and  Thomas  Wells,  Esq^^ 
be  and  they  are  hereby  appohited  a  committee  to  enquire  into 
and  concerning  the  matters  and  things  set  forth  and  requested 
in  said  memorial,  and  make  report  of  wliat  they  shall  find, 
with  their  opinions  thereon,  to  the  General  Assembly  of  this 
Colony  to  be  holden  at  New  Haven  in  October  next. 


1757.]  OP    CONNECTICUT.  47 

Upon  the  memorial  of  George  Shipman  of  Lyme,  adminis- 
trator on  the  estate  of  William  Shipman  of  said  Lyme,  de- 
ceased, shewing  to  this  Assembly  that  the  inventoried  estate 
of  said  deceased  amounts  to  the  sum  of  one  thousand  two 
hundred  and  eighty-one  pounds  fifteen  shillings  old  tenor,  of 
which  seven  hundred  and  fifty  pounds  is  real,  five  hundred 
and  thirty-one  pound  fifteen  shillings  is  personal  estate  ;  that 
sundry  debts  paid  by  said  memorialist,  with  charges  of  admin- 
istration, funeral  charges,  allowance  for  nurturing  an  infant 
child,  support  of  a  sick  family,  &c.,  amounts  to  the  sum  of 
five  hundred  and  sixty-two  pounds  seven  shillings  and  eight 
pence  old  tenor  ;  that  sundry  necessaries  allowed  to  the  widow 
of  the  deceased  out  of  the  moveable  estate  of  said  deceased 
amounts  to  the  sum  of  eighty  pounds  old  tenor ;  that  there 
are  debts  still  due  from  the  estate  of  said  deceased  to  the 
amount  of  £194  lis.  Od.  old  tenor ;  all  which  sums  afore- 
said amounts  to  the  sum  of  X836  19-s.  4c?.  old  tenor,  which 
surmounts  the  personal  estate  of  said  deceased  the  sum 
of  three  hundred  and  five  pounds  four  shillings  and  four 
pence  old  tenor ;  praying  that  some  suitable  person  might  be 
appointed  by  this  Assembly  to  make  sale  of  so  much  of  the 
real  estate  of  said  deceased  as  shall  amount  to  the  value  of 
said  sum  of  £305  4s.  4c?.  with  incident  charges,  as  per  mem- 
orial on  file,  &c.:  Resolved  by  this  Assembly,  that  said  mem- 
orialist be  and  is  hereby  appointed  and  impowered  to  make 
sale  of  so  much  of  the  real  estate  of  said  deceased  as  shall 
an'  -^unt  to  the  sum  of  thirty-eight  pounds  lawful  money  with 
said  »;  cident  charges  arising  thereon ;  taking  the  direction 
ol'^'.-^e  court  of  probate  for  the  district  of  New  London 
therein. 

Upon  the  memorial  of  Mary  Humphry,  executrix  on  the 
last  will  and  testament  of  Samuel  Humphry  late  of  Symsbury, 
deceased,  shewing  to  this  Assembly  that  there  are  debts  due 
from  said  estate  to  the  sum  of  thirty-two  pounds  fourteen 
shillings  and  five  pence  farthing  lawful  money,  for  the  pay- 
ment of  which  she  hath  no  personal  estate  in  her  hands ; 
praying  for  liberty  to  sell  so  much  of  the  lands  of  the  said 
deceased  as  shall  procure  said  sum  with  the  incident  charges 
ai  ising  thereon :  This  Assembly  do  appoint  and  impower  the 
said  Mary  Humphry  and  Mr.  David  Phelps,  of  said  Syms- 
bury, to  sell  so  much  of  the  land  of  the  said  deceased  as  shall 
procure  the  said  sum  of  thirty-two  pounds  fourteen  shillings 
and  five  pence  farthing  lawful  money  witli  the  incident 
charges  arising  thereon ;  taking  the  direction  of  the  court  of 
probate  in  tlie  district  of  Hartford  therein. 


48  PUBLIC   RECORDS  [May, 

On  tlie  memorial  of  Phebe  Miller  of  Middleton,  adminis- 
tratrix on  the  estate  of  Nathan  Miller  late  of  Middleton, 
deceased,  shewing  to  this  Assembly  tliat  the  debts  and 
charges  allowed  by  the  court  of  probate  for  the  district  of 
Middleton  against  said  estate  surmount  the  moveable  part 
thereof  the  sum  of  X28  9s.  11  ic?.  lawful  money,  and  thereupon 
praying  for  liberty  to  sell  lands,  &c.:  Resolved  by  this  Assem- 
bly, that  the  memorialist  have  liberty  and  she  is  hereby 
authorized  and  impowered,  to  sell  so  much  of  the  real  estate 
[  33  ]  of  the  said  ||  deceased  as  will  procure  the  aforesaid  sum 
of  twenty-eight  pounds  nine  shillings  and  eleven  pence  half- 
penny together  with  the  incident  charges  arising  on  such  sale  ; 
taking  the  direction  of  the  court  of  probate  for  the  district  of 
Middletown  therein. 

Upon  the  memorial  of  the  inhabitants  of  the  first  society  of 
Pomfret,  preferred  to  this  Assembly  at  their  session  in  May 
1755,  shewing  that  said  society,  having  occasion  to  build  a 
new  meeting-house,  moved  to  Windham  county  court  June 
1754,  for  and  obtained  a  committee  to  fix  a  stake  for  the 
place  of  such  meeting-house,  which  committee  fixed  the  same 
in  a  place  inconvenient  for  such  purpose,  whereby  contention 
arose  and  thereby  said  society  were  in  danger  of  losing  the 
benefit  of  settling  a  young  gentleman  then  a  candidate  for 
the  ministry  in  said  society  ;  further  shewing,  that  application 
had  been  made  anew  to  said  county  court  for  another  com- 
mittee, which  could  not  be  obtained ;  praying  for  the  inter- 
position of  this  Assembly,  and  that  a  committee  might  be 
appointed  by  this  Assembly  to  review  said  matter  and  afix  | 
place  for  said  meeting-house  &c.;  as  by  the  memorial  on  file ; 
upon  which  this  Assembly  did  appoint  a  committee  for  said 
purpose,  which  committee  did  fix  the  stake  in  the  home-lot  of 
Mr.  Zechariah  Waldo  in  said  society,  near  to  the  highway, 
and  reported  the  same  to  the  Assembly  at  their  session  in 
October  1755,  which  report  was  then  accepted  and  approved 
of,  as  by  the  files  and  records  of  this  Assembly  may  appear : 
Therefore  resolved  by  this  Assembly,  that  the  place  so  fixed 
by  said  committee  by  this  Assembly  appointed  as  aforesaid 
be,  and  the  same  is  hereby  ordered  to  be,  the  place  for  building 
the  meeting-house  in  said  society. 

Upon  the  memorial  of  Henry  Johnson,  Samuel  Sage^  Asahel 
Dudley  and  Israel  Wilcox,  inhabitants  of  the  first  ecclesias- 
tical society  in  Middleton,  representing  that  their  situation  is 
such  and  at  such  a  distance  from  the  place  of  public  worship 
in  said  society  as  renders  it  very  difficult  for  them  to  attend 
thereon,  and  that  they  have  attended  worship  for  many  years 


1757.]  OF    CONNECTICUT.  49 

past  witli  tlie  second  society  in  said  town,  which  is  much 
nearer  and  more  convenient  for  them  ;  praying  to  be  annexed 
with  certain  lands  to  the  said  second  society,  &c.:  Resolved 
by  this  Assembly,  that  the  memorialists  together  with  the 
lands  within  the  following  bounds  and  limits,  to  wit,  be- 
ginning at  the  river  called  Beckleys  River  on  the  north  side 
of  a  lot  called  Capt.  Whites  lot,  running  westerly  until  it 
comes  to  the  mile  and  half  annexed  to  Kinsington,  then  run- 
ning south  to  the  south  side  of  the  lots  called  the  long  lots, 
and  from  thence  eastward  until  it  comes  to  the  river  above- 
named,  be  annexed  and  they  are  hereby  annexed  to  the  second 
ecclesiastical  society  in  said  Middleton. 

Upon  the  memorial  of  William  Clark  and  Joanna  Webster, 
administrators  of  the  estate  of  Mr.  Pelatiah  Webster  late  of 
Lebanon,  deceased,  shewing  this  Assembly  that  the  personal 
estate  of  said  deceased  is  insufficient  to  pay  the  debts  of  the 
said  deceased  by  the  sum  of  X80  over  and  above  =£100  lawful 
money  already  sold  of  said  estate  by  liberty  from  this  Assem- 
bly at  their  session  at  New  Haven  in  October  last ;  praying 
liberty  from  this  Assembly  to  sell  so  much  more  of  the  real 
estate  of  said  deceased  over  and  above  what  is  already  sold 
as  may  ho  sufficient  to  pay  the  said  sum  of  eighty  pounds 
lawfid  money  together  with  all  charges  incident  to  the  sale : 
Resolved  by  this  Assembly,  that  the  memorialists  have  and 
liberty  is  hereby  granted  to  them,  to  make  sale  of  so  much  of 
the  real  estate  of  said  deceased  as  may  be  sufficient  to  pay 
said  sum  of  eighty  pounds  lawful  money  together  with  the 
incident  charges  of  sale  ;  taking  directions  of  the  court  of  pro- 
bate for  the  district  of  Windham  therein. 

Upon  the  memorial  of  David  Holmes  of  Woodstock,  praying 
to  this  Assembly  for  some  proper  allowance  for  his  service  as 
a  doctor  in  the  army  at  Lake  George,  November  1755,  by 
[34]  order  of  General  Lyman,  as  per  memorial  on  file:  || 
Resolved  by  this  Assembly,  that  the  said  David  Holmes 
receive  out  of  the  public  treasury  of  this  Colony  the  sum  of 
six  pounds  twelve  shillings  and  four  pence  for  his  service 
aforesaid,  and  the  Treasurer  is  hereby  ordered  to  pay  the 
same  accordingly. 

An  Act  for  the  better  Regulation  of  the  Treasury. 
-Be  it  enacted  hy  the  G-overnor,  Council  and  Representatives , 

in  General  Court  assembled,  ayid  hy  the  authority  of  the  same, 

That  whensoever  any  person  or  persons  shall  pay  any  sum  or 

sums  of  money  unto  the  Treasurer  of  this  Colony  for  the  use 

of  the  government,  it  shall  be  the  duty  of  the  Treasurer  to 

give  every  such  person  or  persons  duplicate  receipts  for  the 

7 


50  PUBLIC   RECORDS  [May, 

sum  or  sums  of  money  by  him  so  received ;  and  the  person  or 
persons  who  shall  receive  any  such  duplicate  receipts  shall 
forthwith  deliver  one  of  each  duplicate  receipts  to  the  Secre- 
tary of  this  Colony ;  and  the  Secretary  shall  keep  a  regular 
account  of  all  such  receipts  by  him  received,  and  render  an 
account  thereof  to  the  General  Assembly  when  thereto  re- 
quired. 

Resolved  hy  this  Assembly,  That  the  Treasurer  and  Secre- 
tary for  the  time  being  be  a  committee,  and  they  are  hereby 
appointed  and  impow^ered,  to  release  and  discharge  the  mort- 
gages that  were  made  to  the  Governor  and  Company  of  this 
Colony  for  money  loan'd  out  of  the  public  treasury,  upon  pay- 
ment of  the  principal  and  interest,  and  thereupon  to  execute 
releases  and  discharges  to  the  mortgagers  aforesaid,  in  as  full 
and  authentick  manner  as  any  committee  heretofore  by  any 
act  of  this  Assembly  has  been  authorized  to  do. 

Upon  the  report  of  a  committee  appointed  to  treat  with  Mr. 
John  Green  of  New  London,  printer,  to  do  the  printing  for 
this  Colony  for  the  future :  Resolved  by  this  Assembly,  that 
the  said  John  Green  be  the  printer  for  this  Colony  for  three 
years  next  ensuing :  provided  he  annually  print  live  hundred 
copies  of  the  public  acts  or  laws  that  may  be  passed  by  the 
several  Assemblies,  and  three  hundred  copies  of  each  election 
sermon,  and  such  number  of  proclamations  &c.  as  the  Gover- 
nor or  General  Asseml)ly  shall  see  cause  from  time  to  time 
to  order  and  direct ;  for  which  the  said  John  Green  shall 
have  as  a  yearly  salary  thirty  pounds  lawful  money  a  year.* 

Upon  the  memorial  of  William  Greenough,  Jared  Ingersole 
and  Jonathan  Fitch,  managers  of  the  lottery  granted  for  the 
benefit  of  the  ferry-point  wharf,  so  called,  in  New  Haven, 
preferred  to  this  Assembly  at  their  session  in  October  last, 
shewing  that  in  pursuance  of  their  trust  they  had  drawn  said 
lottery,  in  which  was  received  about  one  hundred  and  fifty 
pounds  lawful  money  ;  further  shewing  that  the  proprietors  of 
said  wharf,  for  reasons  in  said  memorial  set  forth,  declined 
taking  and  receiving  said  moneys  on  the  conditions  injoyned 
&c.  by  the  act  of  Assembly  granting  said  lottery  ;  praying  to 
be  directed  how  to  dispose  of  said  monies,  as  by  the  memorial 
on  file  :  Resolved  by  this  Assembly,  and  it  is  hereby  ordered 
and  directed,  that  the  memorialists  pay  to  the  Treasurer  of 

*  He  was  a  son  of  Deacon  Timothy  Green,  printer  for  the  Colony,  who  died 
May  5,  1757,  accordin^■  to  Miss  Caulkins,  a^  d  78.  "  Simdiiy,  Dec.  U,  1757, 
Jolin  Green,  printer  to  the  Governor  and  Conipany,  died  this  afternoon  of  a  con- 
sumption, ajjed  near  40  I  , -oppose."  Hewpsted's  Diarij.  His  brother  Timothy 
succeeded  him.  and  in  May  1758,  ay:reed  to  do  the  printing  for  three  \ears  on  the 
same  terms.      Fimmce  ij'  Curreiiiy,  IV,  201,  202. 


1767.]  OF     CONNECTICUT.  *  51 

this  Colony  the  monies  in  their  hands  raised  by  said  lottery, 
and  take  his  receipt  therefor  and  lodge  the  same  with  the 
Secretary  of  this  Colony. 

Whereas  this  Assembly  in  tlieir  session  in  May  1755,  ordered 
that  a  rate  or  tax  of  one  shilling  old  tenor  per  acre  should  be 
laid  and  assessed  on  all  the  lands  in  the  township  of  Corn- 
wall, excepting  such  lands  as  are  already  in  the  public  list, 
and  that  the  same  be  levyed,  collected  and  improved  towards 
the  settling  of  a  minister  in  said  town,  as  by  said  act  appears 
on  record,  and  appointed  Benjamin  Sedgwick  of  said  Corn- 
wall collector  of  said  tax  :  And  whereas  the  said  Sedgwick  is 
[  o5  ]  deceased,  and  the  said  rate  ||  is  not  fully  paid  :  This 
Assembly  appoints  Woodruff  Emmons  of  said  Cornwall  to 
collect  all  said  rate  that  remains  uncollected  and  paid,  and 
deliver  the  same  into  the  hands  of  the  committee  or  selectmen 
of  said  town,  appointed  to  improve  said  money  to  the  purpose 
aforesaid. 

Upon  the  report  of  John  Chester,  Jabez  Hamlin  and  Jona- 
than Hale,  Esq''^  a  committee  appointed  by  this  Assembly  to 
run  the  line  dividing  between  the  towns  of  Hartford  and 

O 

Windsor  from  the  west  bank  of  Connecticut  River  westward 
to  the  country  road  leading  from  said  Hartford  to  Windsor, 
reporting  that  they  had  in  this  present  month  of  May  repaired 
to  said  place,  had  heard  the  agents  of  said  towns  and  the 
evidences  by  them  produced  relative  to  said  line  and  the 
improvements  anciently  adjoyning  thereto  well  agreeing  to- 
gether, and  that  it  was  their  opinion  that  a  line  drawn  from 
a  ditch  near  the  west  bank  of  said  river  straight  to  a  ditch 
on  the  east  side  of  a  swamp,  from  thence  straight  to  a  ditch 
on  the  west  side  of  an  old  house  late  belonging  to  Elisha  Pratt, 
from  thence  straight  to  a  maple  stump  marked,  from  thence 
in  a  bowing  line  as  the  fence  now  runs  to  a  large  heap  of 
stones  where  the  red  oak  tree  mentioned  in  Windsor  patent 
once  stood,  ought  to  be  the  dividing  line  between  the  said 
towns  from  the  said  river  westward  to  the  said  country  road : 
It  is  therefore  by  this  Assembly  resolved  and  decreed,  that  the 
above  described  line  from  said  river  westward  to  said  heap  of 
stones  shall  be  and  the  same  is  hereby  fixed  and  established 
to  be  the  true  bounds  between  said  towns  of  Hartford  and 
Windsor  from  said  river  to  said  road.    ' 

This  Assembly  do  appoint  Mr.  Benjamin  Harris  of  Middle- 
ton,  to  keep  the  ferry  over  Connecticut  River  in  the  parish  of 
Middle-Haddam  in  said  Middleton,  in  the  room  and  place  of 
Capt.  Cornelius  Knowles,  during  the  pleasure  of  this  Assem- 
bly ;  and  the  fare  thereof  to  be  as  stated  by  law. 


52  PUBLIC  RECORDS  [May, 

This  Assembly  do  appoint  John  Pierce,  of  Cornwall,  a 
County  Surveyor  for  the  county  of  Litchfield,  instead  of 
Ebenezer  Hill  jun'',  who  hath  resigned. 

Upon  the  petition  of  John  Lane  of  Middleton  against 
Michael  Bauldwin  of  Guilford,  alledging  that  said  Bauldwin 
obtained  final  judgment  in  his  favour  at  the  superior  court 
held  in  New  Haven  on  the  last  Tuesday  of  August  last  against 
the  petitioner  for  the  sum  of  twenty-seven  pounds  ten  shil- 
lings in  damages  and  ten  pounds  seven  shillings  and  two 
pence  lawful  money  cost  on  action  of  deceit  for  selling  an  un- 
sound negro,  and  that  the  petitioner  hath  found  new  evidence 
not  before  discovered ;  praying  for  a  new  tryal  in  said  case, 
and  that  he  might  have  back  the  amount  of  the  said  sums 
which  have  been  taken  from  him  ;  as  by  the  petition  on  file 
appears :  Resolved  by  this  Assembly,  that  the  petitioner  have 
liberty  of  a  new  tryal  of  said  cause  before  the  superior  court 
held  in  New  Haven  on  the  last  Tuesday  of  August  next,  and 
that  all  the  cost  from  the  beginning  follow  said  tryal ;  and 
that  whatsoever  hath  been  taken  from  the  petitioner  by  virtue 
of  said  judgment  shall  by  the  said  Bauldwin  be  repaid  to  the 
petitioner,  in  case  judgment  in  said  tryal  be  rendered  in 
favour  of  the  petitioner ;  and  tliat  in  case  judgment  be  given 
in  favour  of  the  said  Bauldwin  that  in  rendering  the  same  (as 
to  the  sum  to  be  recovered)  respect  be  had  to  what  is  paid 
upon  said  former  judgment. 

On  the  petition  of  Joseph  Clark,  Samuel  Dewey,  of  Leba- 
non in  the  county  of  Windham,  and  others  the  heirs  and 
descendants  of  William  Clark  and  Joseph  Dewey  both  of 
Lebanon,  deceased,  &c.,  vs.  William  Root  of  Hebron  in  the 
county  of  Hartford,  as  on  file  :  The  question  was  put,  whether 
the  petitioners  should  have  liberty  of  another  tryal  of  the 
cause  referred  to  in  said  petition,  as  prayed  for :  Resolved  by 
this  Assembly  in  the  negative.  Cost  alhnved  respondent  is 
£2  10s.  10c?.  lawful  money.  Ex.  granted  June  1'^tli^  1757. 
[ [6]  On  the  petition  of  Nathaniel  Chauncey  of  Middleton  in 
the  county  of  Hartford,  executor  of  the  last  will  and  testament 
of  the  Rev'^  Nathaniel  Chauncey,  deceased,  late  pastor  of  the 
church  in  Durham  in  tlie  county  of  New  Haven,  vs.  Nathan 
Camp  of  Durham  aforesaid,  one  of  the  principal  inhabitants 
of  said  Durham,  and  the  rest  of  the  inhabitants  of  the  afore- 
said town  of  Durham,  as  on  file :  The  question  was  put, 
whether  the  prayer  of  said  petition  should  be  granted :  Re- 
solved by  this  Assembly  in  tlie  negative.  Cost  allowed 
respondent  is  <£3  Os.  4c?.  latvful  money. 

On  the  petition  of  Joseph  Shepard  of  Hartford  in  the  county 


1757.]  OF    CONNECTICUT.  53 

of  Hartford,  vs.  Zebulon  Shepard  of  New  Hartford  in  the 
county  of  Litchfield,  (son  of  Thomas  Shepard  of  Hartford 
aforesaid,  late  deceased,)  as  on  file  :  The  question  was  put, 
whether  the  pleas  offered  by  the  respondent  in  abatement  of 
said  petition  are  sufficient  to  abate  the  same :  Resolved  by 
this  Assembly  in  the  affirmative.  Cost  allowed  respondent  is 
£1  lis.  4:d.  laivful  money. 

On  the  petition  of  Azariah  Long  of  Windsor  in  the  county 
of  Hartford,  vs.  Azariah  Williams  sometime  of  Hartford  in 
the  county  of  Hartford,  as  on  file  :  The  question  was  put, 
whether  the  prayer  of  said  petition  should  be  granted :  Resolved 
by  this  Assemljly  in  the  negative.  Cost  allowed  respondent 
is  £2  17s.  8d.  lawful  money.     Ex.  granted  June  23(f,  1757. 

On  the  petition  of  Jonathan  Pettibone  of  Symsbury  in  the 
county  of  Hartford,  vs.  Ebenezer  Benton  of  Hartford  in  the 
county  of  Hartford,  as  on  file  :  The  question  was  put,  whether 
the  pleas  olfered  by  the  respondent  in  abatement  of  the  said 
petition  are  sufficient  to  abate  the  same :  Resolved  by  this 
Assembly  in  the  affirmative.  Cost  alloived  respo7uleMt  is  £1 
16s.  lOd.  lawful  money.     JEx.  graiited  August  27th,  1757. 

On  the  petition  of  Abraham  Pierson  of  Farmington  in  the 
county  of  Hartford,  vs.  Samuel  Bird  of  Farmington  aforesaid, 
as  on  file :  The  question  was  put,  whether  the  petitioner 
named  in  the  said  petition  doth  appear  before  the  Assembly 
to  prosecute  said  petition :  Resolved  by  this  Assembly  in  the 
negative. 

On  the  petition  of  Prince  Tracy,  Thomas  Brown,  William 
Brewster,  and  the  rest  of  the  suljscribers,  all  inhabitants  of 
Windham  in  the  county  of  Windham,  vs.  Joseph  Huntington, 
Joseph  Bingham,  Nathaniel  Wales  jun"",  Jedidiah  Elderkin, 
Samuel  Oray,  Eliphalet  Dyer  and  Joseph  Bingham  jun"",  all 
of  Windham  aforesaid,  as  on  file :  The  question  was  put, 
whether  tlie  pleas  offered  by  the  respondents  in  abatement 
of  the  said  petition  are  sufficient  to  abate  the  same :  Resolved 
by  this  Assembly  in  the  affirmative.  Cost  allowed  respondents 
is  £1  ISs.  'Id.  laufid  money.     JEx.  granted  July  25fh,  1758. 

On  the  petition  of  Richard  Alsop  of  Middleton  in  the  county 
of  Hartford,  vs.  William  Wright  of  Middleton  aforesaid  and 
William  Southworth  of  Stratford  in  the  county  of  Fairfield,  as 
on  file  :  The  question  was  put,  whether  the  petitioner  shall 
have  a  new  tryal,  as  prayed  for :  Resolved  by  this  Assembly 
in  the  negative.  Cost  allowed  respondent  is  £2  Is.  Id.  laivful 
money.     Ex.  granted  June  22>d,  1757. 

On  the  petition  of  Alexander  Grant  of  Newport  in  the 
Colony  of  Rhode  Island,  administrator  on  the  estate  of  Pat- 


54  PUBLIC   RECORDS  [May, 

rick  Grant  of  said  Newport,  late  deceased,  vs.  Joseph  Rock- 
well of  Windsor  in  the  county  of  Hartford,  as  on  file :  The 
question  was  put,  whether  the  petitioner  shall  be  allowed 
liberty  of  another  tryal  of  the  cause  referred  to  in  the  petition, 
as  prated  for  :     Resolved  by  this  Assembly  in  the  negative. 

On  the  petition  of  Ebenezer  Benton  of  Hartford  in  the 
county  of  Hartford,  vs.  Mary  Waters,  a  minor  &c.,  John 
Thomas  and  Mary  Thomas  his  wife,  of  Hartford  aforesaid, 
Abraham  Waters  of  Farmington  in  the  county  aforesaid, 
Joseph  Waters  of  Hartford  aforesaid,  a  minor,  <fcc.,  Elizabeth 
Waters,  widow,  Mary  (lately  called  Mary  Waters,  now  called 
Mary  Gilbert)  wife  of  Theodore  Gilbert,  and  Theodore  Gil- 
bert of  New  Hartford  in  the  county  of  Litchfield,  as  on  file  : 
The  question  was  put,  whether  the  pleas  offered  by  the  re- 
spondents in  abatement  of  said  petition  are  sufficient  to  abate 
the  same :  Resolved  by  this  Assembly  in  the  affirmative. 
Cost  alloived  respondents  is  XI  ll-s.  Od.  laivfid  money.  Ex. 
granted  June  23(:?,  1757. 

On  the  petition  of  David  Bigelow  of  Colchester  in  the 
county  of  Hartford,  vs.  John  Waters  of  Colchester  aforesaid, 
as  on  file :  The  question  was  put,  whether  the  prayer  of  the 
petitioner  in  the  said  petition  contained  should  be  granted : 
Resolved  by  this  Assembly  in  the  negative.  Cost  allowed 
respondent  is  <£3  8.S'.  bd.  lawful  money.  Ex.  granted  June 
9^A,  1757. 

On  the  petition  of  Joseph  Darin  of  Branford  in  the  county 
of  New  Haven,  vs.  Samuel  Cook  of  New  Haven  in  the  county 
aforesaid,  as  on  file  :  The  question  was  put,  whether  the  pleas 
offered  by  the  respondents  in  abatement  of  said  petition  are 
sufficient  to  abate  the  same  :  Resolved  by  this  Assembly  in  the 
affirmative.  Cost  allowed  respondent  is  £1  19s.  2d.  lawful 
money.     Ex.  granted  June  Sth,  1757. 

On  the  petition  of  Stephen  Mead  and  Samuel  Close,  of 
Greenwich  in  the  county  of  Fairfield,  vs.  Thomas  Close  of 
[37  ]  Greenwich  aforesaid,  as  on  file  :  The  question  was  put,  || 
whether  the  prayer  of  said  petition  praying  for  a  new  tryal 
&c.  shall  be  granted :  Resolved  by  this  Assembly  in  the  nega- 
tive. Co.'it  alloived  respondent  is  <£4  15.s.  Id.  laivful  money. 
Ex.  granted  June  5tJi,  1757. 

On  the  petition  of  Joshua  Raymond  of  New  London  in  the 
county  of  New  London,  Esq"",  vs.  John  Coit,  (town-clerk)  and 
one  of  the  principal  inhabitants  of  said  town  of  New  London, 
and  the  rest  of  the  inhabitants  of  said  town,  as  on  file  :  The 
question  was  put,  whether  the  prayer  of  said  petition  should 
be  granted  <fec. :  Resolved  by  this  Assembly  in  the  negative. 


1757.]  OP    CONNECTICUT.  55 

Cost  allowed  Pliineas  Sheldon  of  Suffield  iii_  the  county 
of  Hartford,  vs.  Samuel  Palmer  of  Windsor  in  said  county, 
for  attendance  <^"c.  to  answer  the  petition  of  Samuel  Palmer 
of  Windsor  aforesaid,  preferred  against  him,  which  the  said 
petitioner  did  not  attend  to  prosecute,  is  <£2  46-.  'id.  lawful 
money,     ^x.  granted  June  23c^,  1757. 

Cost  allowed  to  Mr.  David  Rowland  of  Plainfield  in  the 
county  of  Windham,  vs.  the  inhabitants  of  the  town  of  Plain- 
field  aforesaid,  for  his  attendance  Sza.  to  answer  the  memorial 
of  the  said  inhabitants  of  Plainfield,  which  was  negatived  by 
vote  of  this  Assembly,  as  on  file,  is  X2  2s.  4c?.  lawful  money. 

Cost  allowed  to  John  Barber  of  Windsor  in  the  county  of 
Hartford,  vs.  John  Palmer  of  Windsor  aforesaid,  for  his 
attendance  ^*c.  to  answer  the  petition  of  said  Palmer  pre- 
ferred against  him  to  this  Assembly,  as  on  file,  is  £1  3s.  4t?. 
lawful  money.     Ex.  i/ranted  Jvne  23(7,  1757. 

This  Assembly  grants  to  his  Hour,  the  Governor  the  sum 
of  sixty-six  pounds  for  his  first  half-year  salary  for  the  cur- 
rent year,  to  lie  paid  out  of  the  pulilic  treasury  of  this  Colony. 

This  Assembly  grants  to  his  Hon^.  the  Deputy  Governor 
the  sum  of  thirty-three  pounds,  for  his  first  half-year  salary 
for  the  current  year,  to  be  paid  out  of  the  puljlic  treasury  of 
this  Colony. 

This  Assembly  grants  to  his  Hon^  the  Governor  the  sum  of 
sixty  pounds,  for  his  extraordinary  services  the  last  half  year, 
to  be  paid  out  of  the  public  treasury  of  this  Colony. 

This  Assembly  grants  to  Joseph  Talcott,  Esq^,  Treasurer 
of  this  Colony,  the  sum  of  one  hundred  pounds,  for  his  salary 
as  Treasurer  for  the  year  past. 

This  Assembly  grants  to  Joseph  Talcott,  Esq"",  the  sum  of 
twenty-five  pounds  in  addition,  for  his  extraordinary  services 
as  Treasurer  the  last  year. 

This  Assembly  grants  to  George  Wyllys,  Esq"",  the  sum 
of  five  pounds,  for  his  salary  as  Secretary  to  the  Colony  the 
last  year. 

This  Assembly  grants  to  Col.  Nathan  Whiting  the  sum  of 
ten  pounds,  for  his  service  as  Quarter-Master-General  the  last 
campaign. 

This  Assembly  grants  to  Mr.  John  Law  the  sum  of  eight 
pounds,  for  his  service  as  Aid  de  Camp  and  Secretary  to  Gen- 
eral Lyman  the  last  campaign. 

On  the  report  of  the  committee  relating  to  the  balance  by 
them  found  due  to  the  estate  of  Mr.  Timothy  Green  late  of 
New  London,  printer  to  the  Governor  and  Company  of  this 
Colony,  deceased,  for  his  salary :  Resolved  liy  this  Assembly, 


56  PUBLIC    RECORDS  [Oct. 

that  tlie  Treasurer  of  this  Colony  pay  out  of  the  pu])lic  treas- 
ury unto  the  administrators  of  said  deceased  the  sum  of 
twenty-five  pounds  in  bills  of  the  late  emissions,  in  full  of 
what  remains  due  as  abovesaid ;  and  that  a  copy  of  this  re- 
solve (without  further  order)  be  his  warrant  for  such  pay- 
ment made. 

« 

Resolved  hy  this  Assembly,  That  Col.  Gurdon  Saltonstall, 
Col.  Jabez  Hamlin  and  Col.  David  Wooster  be  appointed  a 
committee  to  purchase  and  equip  fit  for  war,  with  the  utmost 
expedition,  a  good  and  effectual  vessel  not  exceeding  one 
hundred  and  forty  tons,  for  the  service  of  this  Colony  and 
to  protect  the  navigation  and  sea-coast  thereof,  upon  the  credit 
of  this  Colony  until  the  first  day  of  February  next ;  and  that 
said  committee  is  hereljy  enabled  to  borrow,  if  they  judge  it 
necessary,  a  sum  not  exceeding  one  thousand  pounds,  payable 
at  or  before  said  first  day  of  February  with  the  lawful  interest 
[38]  thereon,  to  enable  them  to  accomplish  the  ||  above  ser- 
vice in  the  best  manner  for  the  interest  of  the  Colony,  and 
lay  the  whole  account  of  the  same  before  this  Assembly. 

This  Assembly  appoints  John  Chester,  Thomas  Wells, 
Roger  Wolcott  jun'',  and  Daniel  Edwards,  Esq""*,  Mr.  John 
Ledyard  and  Capt.  Nathaniel  Hooker,  to  attend  his  Hon^  the 
Deputy  Governor,  to  hear  the  records  of  the  acts  and  doings 
of  this  Assembly  read  off  and  see  the  same  signed  by  the 
Secretary  as  perfect  and  compleat. 

The  whole  Record  of  the  several  Acts,  Grants  and  Re- 
solves of  this  Assembly,  as  it  stands  entered  on  the  pages  of 
this  book  next  preceding,  was  read  off  in  the  presence  of  his 
Honour  the  Deputy  Governor  and  the  major  part  of  the  com- 
mittee above  named,  and  signed  as  compleat. 

George  Wyllys,  Secretary. 


[39]  Anno  Regni  Regis  Georgii  secundi  trigesimo-primo . 

At  a  General  Assembly  of  the  Governor  and  Company  of 
HIS  Majesty's  English  Colony  of  Connecticut  in  New 
England  in  America  holden  at  New  Haven  in  said  Col- 
ony on  the  second  Thursday  of  October,  being  the 
[thirteenth]  day  of  the  same  month,  and  continued  by 

SEVERAL  adjournments  UNTIL    THE  THIRD  DAY  OF  NOVEMBER 
NEXT   FOLLOWING,  AnNOQUE  DoMINI,  1757. 

Present : 
The  Honourable  Thomas  Fitch,  Esquire,  Governor, 
The  Hon'''''  William  Pitkin,  Esq"",  Deputy  Crovernor. 


1757.]  OF    CONNECTICUT.  57 


> 


Esqrs, 
Assistants. 


Roger  Newton,  Thomas  Wells,  "" 

Ebenezer  Silliman,         Benjamin  Hall, 
Jonathan  Trum,ble,        Roger  Wolcott,  Jnn"", 
Hezekiah  Huntington,  Jonathan  Huntington, 
Andrew  Burr,  Daniel  Edwards, 

John  Chester, 

Representatives  or  Deputies   of  the  several   Towns   hereafter 
mentioned  returned  to  attend  this  Assembly,  viz  : 

Capt.  Nathaniel  Hooker,  Col.  Joseph  Pitkin,  for  Hartford. 

Capt.  Isaac  Dickerman,  Major  John  Plubbard,  for  New  Haven. 

Col.  Stephen  Lee,  Mr.  Joshua  Raymond  jun"",  for  New  London. 

Mr.  David  Rowland,  Mr.  Lothrop  Lewis,  for  Fairfield. 

Capt.  Jonathan  Reed,  Capt.  Samuel  Murdock,  for  Windham. 

Capt.  Elisha  Sheldon,  Col.  Ebenezer  Marsh,  for  Litchfield. 

Capt.  Jabez  Huntington,  Capt.  John  Perkins,  for  Norwich. 

Col.  Shubael  Conant,  Mr.  William  Hall,  for  Mansfield. 

Capt.  Jedidiah  Chapman,  for  Saybrook. 

Col.  David  Whitney,  Mr.  James  Beebe,  for  Canaan. 

Mr.  Samuel  Kimberly,  for  Glassenbury. 

Mr.  Daniel  Brainard,  for  East  Haddam. 

Capt.  Abraham  Brooks,  for  Haddam. 

Col.  Timothy  Stone,  Mr.  Samuel' Robinson,  for  Guilford. 

Capt.  Samuel  Morgan,  Major  Samuel  Coit,  for  Preston. 

Capt.  Samuel  Ely,  Capt.  Matthew  Marvin,  for  Lyme. 

Mr.  Daniel  Booth,  Mr.  John  Glover,  for  Newtown. 

Mr.  John  Clap,  Mr.  Nathaniel  Sacket,  for  Greenwich. 

Mr.  Ebenezer  Wright,  for  Weathersfield. 

Capt.  Obadiah  Johnson,  Capt.  Jabez  Fitch,  for  Canterbury. 

Capt.  Joseph  Phelps,  Mr.  Alexander  Phelps,  for  Hebron. 

Mr.  Samuel  Prentice,  Capt.  Amos  Cheesbrough,  for  Ston- 
ington. 

Col.  Elihu  Chauncey,  for  Durham. 

Capt.  Joshua  West,  Mr.  William  Williams,  for  Lebanon. 

Capt.  Elnathan  Stephens,  Mr.  Benjamin   Gale,   for  Killing- 
worth. 

Capt.  Abijah  Catlin,  for  Harwinton. 

Mr.  John  Strong,  Capt.  William  Wadsworth,  for  Farming- 
town. 

Mr.  Ephraim  Strong,  Mr.  Robert  Treat,  for  Milford. 

Capt.  Nathaniel  Harrison,  Mr.  Ithiel  Russel,  f or  Branford. 

Col.  Christopher  Avery,  Capt.  Moses  Fish,  for  Groton. 

Capt.  Ezekiel  Pierce,  Capt.  Isaac  Coit,  for  Plainfield. 

Mr.  John  Gordon,  Capt.  Daniel  Fish,  for  Voluntown. 

Mr.  Jabez  Swift,  for  Kent. 

Mr.  Isaac  Johnson,  Col.  Thomas  Chandler,  for  Woodstock. 
8 


68  PUBLIC    RECORDS  [Oct. 

Mr.  William  Wolcott,   for  Windsor. 

[40]   Mr.  David  Orcutt,  Mr.  Josiah  Conrerse,  for  Stafford. 

Capt.  Benjamin  Ruggles,  Mr.  John  Comstock,  for  New  Mil- 
ford. 

Col.  Jonathan  Hoit,  Mr.  Abraham  Davenport,  for  Stanford. 

Mr.  Comfort  Starr,  for  Danbury. 

Mr.  Zebulon  West,  Mr.  Samuel  Chapman,  for  Tolland. 

Capt.  Benjamin  Talcott,  Mr.  David  Strong,  for  Bolton. 

Mr.  Samuel  Nash,  Mr.  Gideon  Hurlbert,  for  Goshen. 

Mr.  Jonathan  Kilbourn,  Capt.  Elijah  Worthington,  for  Col- 
chester. 

Mr.  Ebenezer  Williams,  Mr.  Jonathan  Dresser,  for  Pomfret. 

Mr.  James  Fitch,  Mr.  Joseph  Piatt,  for  Norwalk. 

Mr.  Thomas  Matthews,  Mr.  Gideon  Hotchkiss,  for  Waterbury. 

Mr.  Elijah  Hawley,  for  Ridgfield. 

Capt.  John  Williams,  Mr.  Josiah  Strong,  for  Sharon. 

Capt.  Ephraim  Terry,  Mr.  Edward  Collins,  for  Enfield. 

Capt.  Samuel  Bassit,  for  Derby. 

Major  Elihu  Hall,  Mr.  Cornelius  Brooks,  for  Wallingford. 

Mr.  Jacob  Dresser,  Mr.  Boaz  Sterns,  for  Killingsly. 

Mr.  Phineas  Strong,  for  Coventry. 

Mr.  Daniel  Sherman,  Major  Benjamin  Hinman,  for  Wood- 
bury. 

Mr.  John  Everts,  Mr.  Josiah  Stoddard,  for  Salisbury. 

Mr.  Agur  Tomlinson,  Capt.  Theophilus  Nichols,  for  Stratford. 

Capt.  John  Humphry,  Capt.  Jonathan  Pettibone,  for  Syms- 
bury. 

Mr.  David  Austin,  for  Suffield. 

Mr.  Jedidiah  Fay,  Capt.  Benjamin  Somner,  for  Ashford. 

Col.  Jabez  Hamlin,  Mr.  Seth  Wetmore,  for  Middleton. 

Mr.  Martin  Smith,  for  New  Hartford. 

Col.  Shul)ael  Conant,  Speaker    )  of  the  House  of  Repre- 
Capt.  Jabez  Huntington,  Clerk  )  sentatives. 

Resolved  hy  this  Assembly,  That  Daniel  Edwards,  Joseph 
Buckingham  and  John  Ledyard,  Esq^^^,  be  a  committee,  and 
are  liereby  appointed  a  committee,  they  or  any  two  of  them,  to 
settle  and  adjust  the  accounts  between  the  government  and 
the  officers  that  were  appointed  for  the  expedition  against 
Crown  Point  in  the  year  1766,  with  respect  to  the  monies  by 
them  received  for  premia,  wages  &c.  and  the  King's  arms  and 
accoutrements  received  for  the  troops  raised  in  this  Colony 
for  said  expedition  ;  and  for  that  end  to  demand  and  collect 
all  such  bonds,  receipts  or  writings  as  have  been  given  or 
executed  by  said  officers  relative  thereto,  and  to  appoint  time 
and  place  proper  for  said  officers  to  attend  said  service.     And 


1757.]  OP    CONNECTICUT.  69 

if  said  officers,  or  any  of  them,  shall  refuse  or  neglect  to 
appear  and  adjust  said  accounts,  (being  first  duly  notified 
thereof,)  said  committee  are  du^ected  to  deliver  to  Capt. 
Thomas  Seymour  said  bonds,  receipts  and  writings,  who  is 
hereby  appointed  agent  and  attorney  for  and  in  behalf  of  the 
Governor  and  Company,  to  commence  and  prosecute  any' 
action  brought,  or  to  be  brought,,  on  any  of  the  said  bonds, 
&c.  when  he  shall  be  informed  by  said  committee  that  the 
condition  of  said  bonds  have  not  been  performed,  or  that 
said  arms  and  accoutrements  have  not  been  returned  or  ac- 
counted for. 

Whereas  in  the  late  alarm  and  march  of  the  militia  a  great 
part,  perhaps  more  than  half  thereof,  proceeded  either  the 
whole  or  part  of  the  way  on  horse-back  and  the  residue 
marched  on  foot,  and  that  many  were  either  wholly  or  in 
part  subsisted  at  their  own  expence  on  their  march  and  the 
subsistence  of  others  was  had  at  public  and  private  houses 
and  small  stores  erected  at  certain  stages  at  the  cost  of  the 
[41  ]  governments,  and  that  ||  many  of  said  militia  were  by  the 
government  supplied  with  blankets,  knapsacks  <tc.  being  unable 
seasonably  to  provide  for  themselves  :  Therefore,  Resolved  by 
this  Assembly,  that  besides  the  wages  as  by  law  stated  there 
be  allowed  to  such  of  said  militia  as  subsisted  themselves  as 
abovesaid  at  the  rate  of  one  shilling  and  two  pence  per  day, 
to  be  computed  merely  on  the  length  of  the  time  of  such  sub- 
sistence, and  also  for  the  travel  of  the  horses  used  on  said 
march  be  allowed  one  penny  farthing  per  mile  out,  and  for 
such  of  their  subsistence  as  was  not  found  by  the  government, 
some  reasonable  sum,  respect  being  had  to  the  circumstances 
of  the  case,  not  exceeding  eight  pence  per  day ;  and  that  the 
persons  employed  and  faithfully  attending  the  return  of  the 
horses  so  used  be  allowed  the  same  with  the  said  soldiers, 
both  as  to  wages  and  their  own  and  horses  subsistence.  And 
it  is  further  resolved,  that  such  as  were  supplied  at  the  public 
cost  with  blankets,  knapsacks  (fee.  be  and  hereby  are  ordered 
forthwith  to  return  them  to  their  respective  chief  officers 
commanding  on  said  alarm,  or  such  other  person  of  whom 
they  received  them ;  and  in  case  any  shall  fail  so  to  return 
them,  they  shall  pay  the  value  of  them  ;  and  the  captain  or 
other  in  chief  command  of  the  several  companies  marching 
as  abovesaid  be  and  hereby  is  directed,  as  soon  as  may  be, 
to  find  out  who  and  how  many  of  the  soldiers  in  their  respec- 
tive companies  either  in  whole  or  part  subsisted  themselves 
on  their  march  and  for  what  portion  of  the  time,  as  near  as 
may  be,  and  who  and  how  many  proceeded  on  horseback,  on 


60  PUBLIC    RECORDS  [Oct. 

whose  horses  and  how  far ;  and  also  what  persons  actually 
attended  the  return  of  the  horses  as  aforesaid ;  and  of  these 
matters  as  soon  as  practicable  transmit  their  particular  and 
well  attested  certificates  to  the  Committee  of  the  Pay-Table ; 
and  that  said  chief  officer  shall  be  allowed  a  reasonable  re- 
ward for  such  extraordinary  service  in  making  up  said  ac- 
count. 

This  Assembly  being  informed  that  many  of  the  horses 
that  strayed  from  the  militia  of  this  Colony  that  marched 
upon  the  late  alarm  are  taken  up  at  sundry  places  in  the 
Province  of  New  York  and  elsewhere :  Resolved  by  this 
Assembly,  that  Messrs.  Benjamin  Stephens  of  Canaan  and 
David  Brown  of  Stanford  be  and  hereby  are  appointed,  as 
soon  as  may  be,  to  repair  to  Albany  or  such  other  places 
where  they  shall  be  informed  such  horses  are  taken  up,  taking 
with  them  as  particular  and  minute  descriptions  of  the  natural 
and  artificial  marks  of  all  such  horses  as  are  wanting  that 
were  used  on  the  occasion  aforesaid  as  can  be  had,  and  use 
their  utmost  endeavours  to  recover  all  such  horses  and  the 
same  return  to  their  respective  owners.  And  the  several  and 
respective  owners  of  such  horses  are  hereby  directed,  as  soon 
as  may  be,  to  carry  such  description  of  their  horses  and  fur- 
niture to  the  colonel  of  the  regiment  to  which  they  respect- 
ively belong  ;  and  the  colonels  are  directed  to  send  the  same 
to  the  persons  appointed  above  to  recover  said  horses  and 
furniture.  And  if  any  owner  or  owners  of  such  horses  shall 
neglect  to  send  such  description  to  the  colonel  as  aforesaid 
by  the  10th  day  of  November  next,  they  are  not  to  expect 
any  pay  from  this  government  therefor.  And  that  this  re- 
solve be  forthwith  printed  in  the  Connecticut  Grazette. 

Representation  being  made  to  this  Assembly  that  many  of 
our  Indian  tribes  have  assisted  and  served  in  the  present  war 
in  our  regiments  as  voluntiers  and  many  of  them  died  in  the 
service  or  after  it  expired,  and  their  wages  and  allowances 
have  been  received  by  their  respective  officers  and  not  been 
paid  or  accounted  for  to  any:  Be  it  therefore  resolved  by 
this  Assembly,  that  the  selectmen  of  each  town  in  this  Col- 
ony, or  some  proper  person  by  them  appointed,  in  which 
town  any  Indian  natives  not  under  l)ondage  either  for  term 
of  time  or  for  life  did  inhabit,  shall  and  may  demand  and 
receive  of  any  pay-master  or  officer  any  sums  or  allowances 
by  any  such  pay-master  or  officer  received  for  any  such  Indian 
that  served  in  the  company  under  the  command  of  any  such 
officer,  and  the  receipt  of  such  selectmen  or  their  attorney  or 
substitute  for  that  purpose  shall  be  a  sufficient  discharge  for 


1757.]  OF    CONNECTICUT.  61 

said  officer  or  pay-master  for  such  sum ;  and  that  such  select- 
men on  receipt  of  such  sums  or  allowances  shall  improve  the 
same  for  the  best  advantage  of  those  to  whom  the  same  be- 
[42]  longs  by  the  rule  of  the  laws  of  this  government,  ||  either 
in  affinity  or  consanguinity,  having  first  paid  and  discharged 
debts  for  sickness  and  funeral  expences  (if  any  be) :  other- 
wise such  selectmen  are  ordered  to  pay  the  same  as  the  law 
of  this  government  provides  in  the  settlement  of  intestate 
estates.  And  in  case  there  be  no  such  relatives,  such  sum 
shall  be  paid  into  the  public  treasury  for  the  use  of  this 
Colony,  and  lodge  such  receipt  with  the  Secretary.  And  in 
case  such  pay-master  or  officer  shall  refuse  or  neglect  to  pay 
the  same,  they  may  and  shall  be  prosecuted  according  to  the 
directions  of  the  resolve  of  this  Assembly  in  that  case  made 
and  provided  for  the  securing  and  enforcing  the  speedy  pay- 
ment of  the  soldiers  by  their  respective  captains. 

Whereas  his  Honour  the  Governor  hath  laid  before  this 
Assembly  letters  from  his  Lordship  the  Earl  of  Loudoun, 
signifying  that  the  regiment  of  Connecticut  now  in  his 
Majesty's  service  shall  be  dismissed  as  early  as  is  consistent 
with  the  safety  of  the  Provinces  and  the  good  of  the  service, 
and  in  order  thereto  that  he  expects  this  Colony  will  furnish 
two  hundred  and  eighty  men  to  remain  with  him  thro'  the 
winter,  to  be  employ'd  as  rangers  to  secure  the  frontiers  and 
to  annoy  the  enemy:  Therefore, 

Resolved  hy  this  Assembly,  That  three  companies,  each  to 
consist  of  ninety-four  able-bodied  effective  men  officers  in- 
cluded, be  enlisted  out  of  the  troops  of  this  Colony  now  in 
service  at  Fort  Edward  and  Number  Four,  to  remain  with  his 
Lordship  for  the  purposes  aforesaid  thro'  the  winter.  And 
in  case  a  sufficient  number  of  officers  and  men*fit  for  such 
service  to  fill  the  said  companies  shall  not  voluntarily  enlist, 
then  such  and  so  many  as  shall  be  wanting  to  make  up  the 
same  shall  be  holden  and  retained  from  the  said  regiment  of 
Connecticut,  to  remain  with  his  Lordship  for  the  purposes 
aforesaid  until  the  first  day  of  March  next,  the  term  to  which 
their  enlistment  doth  extend. 

And  it  is  further  resolved,  That  there  shall  be  allowed  and 
paid  to  each  able-bodied  effective  man,  as  well  officers  as 
privates,  who  shall  voluntarily  enlist  into  the  service  afore- 
said, the  sum  of  three  pounds,  and  to  each  man  that  shall  be 
retained  in  said  service  tliQ  sum  of  thirty  shillings :  each  of 
said  sums  to  be  in  addition  to  the  wages  already  stated. 

And  his  Honour  the  Governor  is  desired  to  send  his  orders 
to    Col.   Pliincas   Lyman    at  Fort  Edward,  and  to  Lt.  Col. 


62  PUBLIC    RECORDS  [Oct, 

Natliaii  Whiting  at  Number  Four,  for  the  enlisting  and  fur- 
nishing the  three  companies  aforesaid. 

Whereas  this  Assembly  have  resolved  that  three  companies, 
each  to  consist  of  ninety-four  men  officers  included,  be  en- 
listed or  retained  from  the  troops  of  this  Colony  now  in 
service  at  Fort  Edward  and  at  Number  Four,  to  remain  with 
his  Excellency  the  Earl  of  Loudoun  thro'  the  winter,  to  be 
employed  as  rangers,  and  warm  clothing  suitable  for  the 
season  may  be  wanted  by  them :  Therefore, 

R.esolved  hy  this  Assembly,  That  Jonathan  Trumble,  Esq^, 
be  and  hereby  is  directed  to  provide  a  sufficient  quantity  of 
suitable  cloth  and  coating,  duffield  blankets,  good  flannen 
shirts,  yarn  hose,  and  good  shoes,  for  the  supply  of  such  of  the 
rangers  aforesaid  as  may  want  them,  and  as  soon  as  may  be 
send  the  same  to  the  place  or  places  where  said  rangers  shall 
be  stationed,  directing  and  consigning  equal  quantity  of  each 
of  the  aforesaid  articles  to  the  care  and  management  of  the 
captain  of  each  of  said  companies,  with  an  invoice  shewing  the 
quantity  and  price  of  each  article  as  the  same  is  purchased 
here.  And  the  said  captains  are  hereby  severally  ordered  and 
directed,  to  take  care  that  each  man  provide  himself  with 
clothing  suitable  for  the  season  and  service,  and  to  deliver 
the  articles  consigned  to  them  respectively  to  such  of  said 
rangers  as  shall  want  them,  and  charge  the  same  accordingly 
and  at  the  price  entred  in  the  invoice  sent,  that  the  same  may 
be  settled  for  the  payment  of  the  bounty  granted  them  by 
this  Assembly  so  far  as  that  shall  extend  or  of  the  wages 
that  may  [be]  due  to  any  of  them  from  this  Colony. 

Resolved  hy  this  Assembly,  That  the  Committee  of  the  Pay- 
Table  have,  full  power  to  settle  and  adjust  the  accounts  of 
building  and  equipping  fit  for  war  the  Colony  brigantine 
[43]  Tartar  with  the  committee  appointed  ||  by  act  of  this  As- 
sembly in  May  last  to  purchase  and  equip  for  war  said  vessel, 
and  to  give  orders  on  the  Treasurer  for  the  payment  of  their 
accounts  on  the  first  day  of  February  next^  agreeable  to  said 
act  of  Assembly  in  May  last. 

This  Assembly  taking  into  consideration  the  state  and  cir- 
cumstances of  the  Colony  brigantine  Tartar  now  under  the 
command  of  Capt.  Michal  Burnham,  and  as  the  season  of  the 
year  is  so  far  advanced  that  her  continuance  on  her  present 
station  is  not  judged  necessary  longer  than  the  10th  of 
November  next,  and  that  the  said  brigantine  may  (during  the 
winter  season)  be  inqn-oved  to  distress  his  Majesty's  enemies 
and  to  protect  our  trade  in  the  AVest  Indies :  It  is  therefore 
resolved  by  this  Assembly,  that  Gurdon  Saltonstall,  Hezekiah 


1757.]  OP    CONNECTICUT.  63 

Huntington  and  Jabez  Hamlin,  Esq'"%  be  a  committee  in 
l)ehalf  of  this  government  to  fit  out  the  said  vessel  with  war- 
like stores  and  suitable  provisions  for  a  six  months  cruise  for 
one  hundred  men  including  officers,  and  to  appoint  officers  in 
case  any  of  the  officers  now  on  board  shall  decline  to  under- 
take in  said  cruise;  and  to  make  such  contract  respecting 
tlie  division  of  any  prizes  that  may  be  taken  by  said  vessel  as 
(considering  the  usage  and  custom  of  other  places)  they 
shall  think  just  and  reasonable ;  and  to  give  instructions  to 
the  commander-in-chief  on  board  said  vessel  touching  his 
return  in  the  spring  and  the  protection  of  the  trade.  Always 
provided,  that  no  wages  or  hire  be  allowed  by  the  said  com- 
mittee to  any  officers  or  men  on  board  said  vessel  during 
said  cruise. 

Tliis  Assembly  grants  and  orders  a  rate  or  tax  of  one 
penny  half-penny  on  the  pound  on  all  the  polls  and  estate  ratea- 
ble in  this  Colony  according  to  the  list  brought  in  to  this 
Assembly  in  October  last  with  the  additions,  to  be  collected 
and  paid  by  the  first  day  of  March  next,  in  manner  as  the 
last  rate  was  ordered  to  be  paid. 

And  it  is  further  resolved^  That  whenever  any  paymaster 
of  the  moneys  due  on  settlement  of  any  pay-roll  of  any  of 
the  companies,  either  in  the  militia  in  the  late  alarm  or  of 
the  troops  of  this  Colony  in  present  service,  having  obtained 
order  on  the  Treasurer  therefor  and  the  same  exhibited  for 
payment,  the  Treasurer  may  on  sight  make  out  orders  on  the 
constables  collectors  of  the  public  tax  in  such  town  or  towns 
whence  the  soldiers  named  in  such  roll  were  collected  or  that 
may  be  most  convenient  to  facilitate  the  payment,  payable  to 
such  paymaster  or  his  order  in  such  town  or  towns,  to  the 
amount  of  such  pay-roll  or  such  part  thereof  as  shall  be 
needful,  which  orders  such  collectors  are  directed  by  paying 
or  discounting  with  such  receiver  to  the  amount,  to  answer 
in  such  manner  as  may  be  found  most  practicable  and  satis- 
factory. And  the  Treasurer  is  also  directed  that  of  all  such 
orders  to  keep  clear  accounts,  and  see  that  each  constable 
either  by  monies  or  return  of  such  orders  duly  discharged 
seasonably  settle  and  make  up  his  with  him  according  to  law. 

As  the  continuance  and  formidable  aspect  of  the  war 
leaves  us  no  reason  to  expect  any  long  exemption  from  a 
further  share  therein  :  As  well-united  councils,  a  preconcerted 
adjustment  of  the  respective  quotas  and  measures  for  duly 
applying  the  combin'd  force,  especially  of  the  militia,  of  all 
those  contributory  therein  on  any  sudden  or  extraordinary 
emergence  is  manifestly  of  importance  to  prevent  dissatisfac- 


64  PUBLIC    RECORDS  [Oct. 

tion  and  delay ;  and  as  we  may,  not  without  reason,  expect 
that  some  meeting,  at  least,  to  consist  of  New  York  and  the 
four  New  England  governments,  may  by  them  or  some  of 
them  or  Lord  Loudoun  himself  be  ere  long  proposed  and  re- 
commended to  the  abovementioned  as  well  as  other  proper 
and  necessary  ends  and  purposes:  Whereupon,  and  that  noth- 
ing on  the  part  of  this  Colony  be  wanting  to  the  execution  of 
so  serviceable  a  design,  this  Assembly  do  appoint  Ebenezer 
Silliman,  Jonathan  Trumble  and  William  Wolcott,  Esqfs, 
to  be  Commissioners  in  behalf  of  this  Colony  with  such  gen- 
tlemen as  by  said  other  governments  may  be  duly  appointed, 
at  time  and  place  to  be  ascertained,  to  meet  and  confer,  as 
well  touching  the  matters  above  specified  as  of  such  further 
[44]  matters  as  by  his  Lordship  may  ||  be  suggested  or  dur- 
ing their  conference  be  judged  proper  and  expedient  to  be 
treated  of ;  and  the  whole  result  of  such  their  conference  and 
tlie  various  proposals  and  matters  therein  made  and  agitated 
to  lay  before  this  Assembly  for  their  further  order  and  reso- 
lution thereon.  And  his  Honour  the  Governor  is  desired,  on 
advice  received  of  such  general  convention  appointed,  to 
commission  said  gentlemen  accordingly. 

This  Assembly  observing  that  the  laws  made  for  suppress- 
ing vice  and  immorality  are  well  calculated  for  that  purpose, 
and  in  order  that  such  laws  may  be  the  more  effectually 
executed :  Therefore,  His  Honour  the  Governor  is  hereby 
desired  to  issue  forth  a  Proclamation,  commanding  and 
strictly  enjoyning  every  Assistant,  justice  of  the  peace,  and 
all  grand-jurymen  and  other  informing  officers  within  this 
Colony,  in  their  respective  offices,  duly  to  put  in  execution  the 
laws  made  for  the  observation  of  the  Sabbath  or  Lord's  day  and 
for  preventing  disorders  thereon,  as  also  for  preventing  and 
punishing  profane  swearing,  drunkenness,  uncleanness  and 
other  immoralities ;  and  that  the  said  officers,  respectively, 
exert  their  power  and  influence  to  preserve  the  peace  and 
prevent  and  punish  every  disorderly  and  unlawful  practice ; 
and  exhorting  all  lieads  of  families  to  be  careful  in  the  gov- 
ernment and  education  of  all  under  their  care  and  charge ; 
and  that  such  proclamation  be  published  in  each  ecclesiastical 
society  within  this  Colony,  by  ordering  the  same  to  be  read 
publicly  on  the  Lord's  day,  or  by  some  means  effectually  to 
publish  the  same  in  each  town  in  this  Colony. 

Resolved  hy  this  Assembly,  That  the  officers  and  men  be- 
longing to  the  battery  at  New  London  be  forthwith  dismissed, 
and  his  Honour  the  Governor  is  hereby  desired  to  send 
proper  orders  accordingly. 


Irr  ^  rr    ~i 


OF    CONNECTICUT. 


65 


On  representation  that  the  bonds  given  by  the  officers 
in  the  intended  expedition  against  Canada,  anno  1746,  for 
their  cloathing  remained  unpaid  and  uncancelled :  Resolved 
by  this  Assembly,  that  Col.  Joseph  Pitkin,  Mr.  Robert  Treat 
and  Capt.  Nathaniel  Hooker  be  and  hereby  are  directed  to 
make  due  enquiry  into  said  affair,  and  make  report  to  this 
Assembly  at  their  next  sessions  what  allowance  has  been 
made  to  the  government  for  said  cloathing. 

The  Gentlemen  that  stand  in  Nomination  for  Election  in   May  next  are 

as  follow: 

The  Honbie  Thomas  Fitch,  Esa^. 
The  Honi^'e  William  Pitkin,  Esq--. 
Roger  Newton,  Esq^  Roger  Wolcott,  jun"",  Esq^. 


Ebenezer  Silliman,  Esq"". 
Jonathan  Trumble,  Esq^. 
Hezekiah  Huntington,  Esq^ 
Andrew  Burr,  Esq^ 
John  Chester,  Esq^ 
Thomas  Wells,  Esq''. 
Benjamin  Hall,  Esq^ 
Phineas  Lyman,  Esq"". 


Jonathan  Huntington,  Esq^ 

Daniel  Edwards,  Esq"". 

The  HonbieRogerWolcott,Esq'-. 

Col.  Jal)ez  Hamlin. 

Capt.  Matthew  Griswold. 

Col.  Shubael  Conant. 

Col.  Joseph  Pitkin. 

Col.  Joseph  Fowler. 

Whereas  the  committee  appointed  to  admeasure  and  sur- 
vey the  lands  west  of  Ousatunic  River  that  are  annexed  to 
the  town  of  Kent  did  survey  highways  and  exchange  some 
of  the  ungranted  lands  of  this  Colony  with  particular  per- 
sons, and  no  persons  appointed  to  ratify  such  exchange  for 
the  use  of  highways :  Resolved  by  this  Assembly,  that  Messrs. 
Roger  Sherman  and  Jabez  Swift  be  a  committee,  in  the 
name  of  the  Governor  and  Company  of  this  Colony,  to  give 
[45]  and  execute  deeds  of  exchange  with  any  particular  per- 
son or  persons  for  highways,  and  to  take  deed  or  deeds  ac- 
cordingly and  cause  the  same  to  be  duly  recorded,  touching 
the  lands  above  S]:)ecified. 

The  Sum-total  of  the  Lists  of  the  several  ToTvns  in  this  Colony  as  sent 
into  the  General  Asseinbly  at  NevvT'  Haven  October  2d  Thursday  1757. 


Hartford, 

£89376  12 

9 

Colchester, 

£24053 

4 

0 

New  London, 

35816     3 

3 

Tolland, 

10183 

4 

0 

Newtown, 

15841  16 

9 

Farmington, 

45062 

6 

2 

Kent, 

9625  12 

0 

Windham, 

27887 

14 

10 

Woodbury, 

36786  12 

7 

Suffield, 

172(59 

14 

0 

Harwington, 

4699  10 

0 

Haddam, 

12089 

13 

4 

Norwich, 

60189  17 

1 

Salisbury, 

10730 

Canaan, 

10987     2 

0 

Waterbury, 

23145 

13 

3 

Woodstock, 

17066  10 

0 

Bolton, 

9447 

15 

0 

Hebron, 

18022     3 

6 

Stanford, 

28651 

4 

3 

Lebanon, 

40603  18 

0 

D anbury, 

21313 

7 

5 

9 


66 


PUBLIC    RECORDS 


[Oct. 


Saybrook, 

Symsbuiy, 

Durham, 

Guilford, 

Mansfield, 

Weatliersfield, 

Norwalk, 

Wallingsford, 

Groton, 

Stratford, 

Middleton, 

Glassenbury, 

Derby, 

Milford, 

Windsor, 

Fairfield, 

Litchfield, 

New  Haven, 


£21609 
22590 
11224 
23177 
17642 
2.1492 
34879 
42410 
24669 
40700 
50653 
13640 
13468 
25745 
42389 
54145 
15894 
55911 


0 
2 
14 
18 
12 
7 
11 
17 
16 

5 

8 

10 

13 

7 

9 

1 

19 


4 
0 

5i 
2i 
3 
6 
6 
2 
6 

0 

2 

10 

6 

11 

10 

0 

2 


Enfield,  £9390  11  0 

Somers,  7404     4  0 

Coventry,  18S46  17  9 

Ashford,  13285     2  4 

Stonington,  36232     8  6 

Goshen,  „  7439     3  10 

Branford,  20934     3  9 

Sharon,  11698 

Plainfield,  14727     4  0 

Stafford,  7858     9  0 

Pomfret,  22623 

Greenwich,  21234     3  11 

Eidgfield,  12357  11  9 

New  Milford,  15600  17  10 

New  Hartford,  4651     2  0 

Voluntown,  10988  11  0 

Killingsworth,  16468  13  6 

Lyme,  27597     1  10 

EastHaddam,  21089     3  3 

Jared  Ingersoll  of  New  Haven,  Esq'',  Attorney  to  our  Sov- 
ereign Lord  the  King,  against  Isaiah  Tuttle  of  said  New 
Haven,  a  justice  in  commission  for  the  peace  in  New  Haven 
county,  instantly  complains  and  gives  this  Assembly  to  un- 
derstand, that  at  sundry  times  and  in  divers  ways  and  man- 
ners within  these  two  years  last  past  he,  the  said  Isaiah 
Tuttle,  in  commission  as  abovesaid,  hath  under  colour  of  his 
said  office  and  the  exercise  of  the  powers  and  authority 
thereof  grievously  misdemean'd  himself,  to  the  great  of- 
fence, wrong  and  oppression  of  many  of  his  Majesty's  good 
subjects  and  scandal  and  dishonour  of  said  important  office,  as 
on  file :  To  all  which  said  Isaiah  Tuttle  being  holden  to 
appear  and  answer,  he  appearing  accordingly  pleaded  Not 
guilty.  And  now,  the  evidence  in  support  of  the  niatters  of 
said  information,  as  well  as  on  behalf  of  said  justice  Tuttle, 
being  fully  exhibited^  enforced  and  deliberated,  this  Assembly 
are  of  opinion  the  said  Isaiah  Tuttle  is  guilty,  as  charged 
against  him.  And,  as  a  lasting  testimony  against  such  like 
misbehaviour  so  derogatory  to  the  honour  and  character  of  a 
minister  of  justice  as  well  as  disquieting  to  the  pul»lic  tran- 
quility :  It  is  thereupon  considered,  and  this  Assembly  against 
him  the  said  Isaiah  Tuttle  doth  resolve  and  decree,  that  his 
said  justice's  commission  and  all  the  powers  and  authority 
thereby  to  him  derived  be  and  become  altogether  null  and 
void,  and  that  he,  said  justice  Tuttle,  of  and  from  all  further 
exercise  of  said  office  in  virtue  of  his  said  commission  he  and 


1757.]  OF    CONNECTICUT.  67 

he  hereby  is  incapacitated  and  prohibited.  And  further,  that 
he  pay  and  answer  the  cost  of  this  prosecution,  allowed  to  be 
£5  lis.  Od.  lawful  money. 

[46]  Deodate  Davenport,  captain  of  the  seventh  military 
company  in  the  second  regiment  in  this  Colony,  against  Isaac 
How  of  New  Haven,  a  lieutenant  of  said  company,  now 
exhibited  his  complaint,  therein  setting  forth  that  said  How 
had  for  many  years  and  during  the  whole  time  of  his  being 
in  said  office  greatly  misbehaved  therein  by  frequently  speak- 
ing and  practicing  things  tending  to  mutiny  and  disturbance, 
by  refusing  obedience  to  the  orders  of  his  superiors,  as  well  as 
to  bear  due  testimony  against  the  disorders  of  his  inferiors  in 
said  company,  so  as  to  bring  contempt  on  military  order  and 
authority  &c. :  which  said  How  being  ordered  to  appear  and 
answer  accordingly  now  appeared  and  pleaded  Not  guilty,  as 
at  large  on  file.  And  now  the  evidence  relative  thereto  ex- 
hibited by  the  attorney  for  the  King  as  well  as  by  council  in 
behalf  of  said  Isaac  How  being  fully  heard  and  enforced, 
this  Assembly  are  of  opinion  said  How  is  guilty  as  alledged 
against  him.  And  on  solemn  deliberation  thereof  had  and  of 
the  perilous  and  evil  tendency  and  consequence  of  such 
offences  to  the  public  peace  and  safety,  and  that  due  testi- 
mony be  born  against  the  same :  It  is  thereupon  considered, 
and  this  Assembly  him,  the  said  Isaac  How,  doth  sentence 
and  against  him  resolve  and  decree,  that  his  said  lieutenant's 
commission  be  vacated,  and  the  same  hereby  is  made  and 
declared  to  be  null  and  void ;  and  he,  the  said  Isaac  How,  is 
hereby  cashiered  from  his  said  office  and  discharged  of  all 
further  military  command  in  said  company  and  rendered, 
and  hereby  declared  to  be,  forever  hereafter  uncapable  of  any 
military  commission,  authority  or  command  within  this  Col- 
ony; and  also,  that  he  pay  and  answer  the  full  cost  and 
charge  of  this  prosecution,  allowed  to  be  £5  14s.  Od.  lawful 
money,     ^x.  granted  llareh  23,  1758. 

This  Assembly  do  appoint  Major  John  Hubbard  to  be 
Lieutenant-Colonel  of  the  2d  regiment  in  this  Colony. 

This  Assembly  do  appoint  Lieutenant-Colonel  John  Read 
to  be  Colonel  of  the  4th  regiment  in  this  Colony. 

This  Assembly  do  appoint  Major  Robert  Walker  to  be 
Lieutenant-Colonel  of  the  4t]i  regiment  in  this  Colony. 

This  Assembly  do  appoint  Captain  James  Smedly  to  be 
Major  of  the  4th  regiment  in  this  Colony. 

This  Assembly  do  appoint  Lieutenant-Colonel  Timothy 
Stone  to  be  Colonel  of  tlie  7th  regiment  in  this  Colony. 

This  Assembly  do  appoint  Major  Aaron  Eliott  to  be  Lieu- 
tenant-Colonel of  the  7th  regiment  in  this  Colony. 


68  PUBLIC    EECORDS  [Oct. 

This  Assembly  do  appoint  Captain  Jedidiah  Chapman  to 
be  Major  of  the  7th  regiment  in  -this  Colony. 

This  Assembly  do  appoint  Mr.  Joseph  Spencer  to  be  Major 
of  the  12th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Joseph  Buckingham  to  be 
Captain  of  the  1st  company  or  trainband  in  the  7th  regiment 
in  tliis  Colony. 

This  Assembly  do  establish  Mr.  John  Shipman  to  be 
Lieutenant  of  the  1st  company  or  trainband  in  the  7th 
regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Joshua  Bushnell  jun^.  to  be 
Ensign  of  the  1st  company  or  trainband  in  the  7th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Elnathan  Judson  to  be 
Captain  of  the  troop  of  horse  in  the  13th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Zadock  Nobles  to  be  Lieu- 
tenant of  the  troop  of  horse  in  the  13th  regiment  in  this 
Colony. 

[47]     This  Assembly  do  establish  Mr.  James  Kesson  to  be  Cor- 
net of  the  troop  of  horse  in  the  13th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Caleb  Mallery  to  be 
Quarter-Master  of  the  troop  of  horse  in  the  13th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Amos  Camp  to  be  Lieu- 
tenant of  the  company  or  trainband  in  the  parish  of  Miridan 
in  the  town  of  Wallingford. 

This  Assembly  do  establish  Mr.  Nash  Yale  to  be  Ensign 
of  the  company  or  trainband  in  the  parish  of  Miridan  in  the 
town  of  Wallingford. 

This  Assembly  do  establish  Mr.  Ebenezer  Banks  to  be 
Captain  of  the  company  or  trainband  in  the  parish  of  Greenfield. 

This  Assembly  do  establish  Mr.  Joseph  Squire  to  be  Cap- 
tain of  the  first  company  or  trainband  in  the  town  of 
Fairfield. 

This  Assembly  do  establish  Mr.  Abraham  Gold  to  be  En- 
sign of  the  1st  company  or  trainband  in  the  town  of  Fairfield. 

This  Assembly  do  establish  Mr.  Benjamin  Pierce  to  be 
Captain  of  the  6th  company  or  trainband  in  the  11th  regiment 
in  tliis  Colony. 

This  Assembly  do  establish  Mr.  Ephraim  Woodward  to 
be  Ensign  of  the  5th  company  or  trainband  in  the  11th  regi- 
ment in  this  Colony. 

This  Assembly  do  establish  Mr.  Ichabod  Wheeler  to  be 
Lieutenant  of  the  first  company  or  trainband  in  the  town 
of  Fairfield. 


1757.]  OF    CONNECTICUT.  69 

This  Assembly  do  establish  Mr.  Thaddeus  Cook  to  be  Lieu- 
tenant of  the  troop  of  horse  in  the  1 0th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Benjamin  Kent  to  be 
Captain  of  the  north  company  or  trainband  in  the  first  society 
in  the  town  of  Suffield. 

This  Assembly  do  establish  Mr.  Elias  Bates  to  be  Ensign 
of  the  west  company  or  trainband  in  the  parish  of  Reading. 

This  Assembly  do  establish  Mr.  Daniel  Comstock  jun^ 
to  be  Lieutenant  of  the  first  company  or  trainband  in  the 
town  of  Kent. 

This  Assembly  do  establish  Mr.  Jethro  Hatch  to  be  Ensign 
of  the  first  company  or  trainband  in  the  town  of  Kent. 

This  Assembly  do  establish  Mr.  Charles  Webb  to  be 
Lieutenant  of  the  2d  company  or  trainband  in  the  town  of 
Stanford. 

This  Assembly  do  establish  Mr.  Murmoth  Lounsbury 
to  be  Ensign  of  the  2d  company  or  trainband  in  the  town  of 
Stanford. 

This  Assembly  do  establish  Mr.  David  Hough  to  be  Lieu- 
tenant of  the  6th  company  or  trainband  in  the  town  of 
Norwich. 

This  Assembly  do  establish  Mr.  Isaac  Huntington  jun'". 
to  be  Ensign  of  the  6th  company  or  trainband  in  the  town 
of  Norwich. 

This  Assembly  do  establish  Mr.  Jasper  Latham  to  be  Cap- 
tain of  the  5th  company  or  trainband  in  the  town  of  Groton. 

This  Assembly  do  establish  Mr.  Elisha  Smith  to  be  Lieuten- 
ant of  the  5th  company  or  trainband  in  the  town  of  Groton. 

This  Assembly  do  establish  Mr.  Josiah  Olcott  to  be  Cap- 
tain of  the  6th  company  or  trainband  in  the  town  of  Hartford. 

This  Assembly  do  establish  Mr.  John  Thatcher  to  be  Lieu- 
tenant of  the  6th  company  or  trainband  in  the  town  of 
Hartford. 

This  Assembly  do  establish  Mr.  Solomon  Gilman  to  be 
Ensign  of  the  6th  company  or  trainband  in  the  town  of 
Hartford. 

This  Assembly  do  establish  Mr.  Joshua  Jewell  to  be  En- 
sign of  the  first  company  or  trainband  in  the  town  of 
Saltsbury. 

This  Assembly  do  establish  Mr.  Samuel  Munson  to  be 
Lieutenant  of  the  5th  company  or  trainband  in  the  2d  regi- 
ment in  this  Colony. 

This  Assembly  do  establish  Mr.  Dan  Ives  to  be  Ensign 
of  the  12th  company  or  trainband  in  the  2d  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Nathaniel  Peck  jun^  to  be 


\ 


70  PUBLIC    RECORDS  [Oct. 

Captain  of  the  eastermost  company  or  trainband  in  the  town 

of  Greenwich. 

[48]     This  Assembly  do  estabhsh  Mr.  Miles  Merwin  to  be 

Cornet  of  the  troop  of  horse  in  the  10th  regiment  in  this 

Colony. 

This  Assembly  do  establish  Mr.  Levi  Crocker  to  be  Ensign 
of  the  company  or  trainband  in  the  town  of  Cornwall. 

This  Assembly  do  establish  Mr.  Joseph  Burton  to  be  Cap- 
tain of  the  company  or  trainband  in  the  parish  of  North 
Stratford. 

This  Assembly  do  establish  Mr.  John  French  to  be  Lieu- 
tenant of  the  company  or  trainband  in  the  parish  of  North 
Stratford. 

This  Assembly  do  establish  Mr.  Aljraham  Brinsmade  to  he 
Ensign  of  the  company  or  trainband  ill  the  parish  of  North 
Stratford. 

This  Assembly  do  establish  Mr.  John  Starr  to  be  Cap- 
tain of  the  2d  company  or  trainband  in  the  town  of 
D  anbury. 

This  Assembly  do  establish  Mr.  Samuel  Fairbanks  to  be 
Lieutenant  of  the  18th  company  or  trainband  in  the  11th 
regiment  in  this  Colony. 

This  Assembly  do  appoint  Mr.  Benjamin  Morris  to  be  En- 
sign of  the  18th  company  or  trainband  in  the  11th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Noah  Grant  to  be  Cap- 
tain of  the  4th  company  or  trainband  in  the  town  of  Stonington 
in  the  8th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  John  Randall  jun^,  to  be  En- 
sign of  the  3d  company  or  trainband  in  the  town  of  Stonington. 

This  Assembly  do  establish  Mr.  Stephen  Noble  to  be  Lieu- 
tenant of  the  company  or  trainband  in  the  parish  of  New 
Preston. 

This  Assembly  do  establish  Mr.  Joseph  Cary  to  be  Ensign 
of  the  company  or  trainband  in  the  parish  of  New  Preston. 

This  Assembly  do  establish  Mr.  John  Safford  to  be  Cap- 
tain of  the  south-east  company  or  trainband  in  the  parish 
of  Newent  in  the  town  of  Norwich. 

This  Assembly  do  establish  Mr.  Ezra  Lothrop  to  be  Lieu- 
tenant of  the  south-east  company  or  trainband  in  the  parish 
of  Newent  in  the  town  of  Norwich. 

This  Assembly  do  establish  Mr.  Elisha  Lothrop  to  be 
Ensign  of  the  south-east  company  or  trainband  in  the  parish 
of  Newent  in  the  town  of  Norwich. 

This  Assembly  do  establish  Mr.  Asaph  Smith  to  be  Ensign 


1757.]  OP    CONNECTICUT.  71 

of  the  5th  company  or  trainband  in  the  5th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Elisha  White  to  be  Cap- 
tain of  the  troop  of  horse  in  the  7th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Hiel  Buel  to  be  Lieu- 
tenant of  the  troop  of  horse  in  the  7th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  John  Waterhouse  to  be 
Cornet  of  the  troop  of  horse  in  the  7th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Jabez  Sherwood  to  be  Cap- 
tain of  the  west  company  or  trainband  in  the  town  of  Green- 
wich. 

This  Assembly  do  establish  Mr.  John  Mead  to  be  Lieu- 
tenant of  the  west  company  or  trainband  in  the  town  of 
Greenwich. 

Whereas  this  Assembly  in  May  last,  at  their  sessions  at 
Hartford,  did  appoint  Andrew  Burr,  Esq'',  and  he  was  di- 
rected to  enquire  into  the  injurious  treatment  said  to  be  com- 
mitted by  Phineas  Cook  of  Wallingford  against  Robert 
Crombell,  a  young  man  in  his  care,  (which  has  been  prejudi- 
cial to  this  government ;)  and  whereas  he  has  caused  said 
Crombell  to  be  examined  and  taken  only  one  other  evidence 
and  has  reported  to  this  Assembly  that  sundry  persons  that 
were  eye-witnesses  to  the  facts  complained  of  are  now  at  sea 
and  not  to  be  had ;  and  whereas  on  the  examination  of  said 
Crombell,  if  true  what  he  on  his  examination  hath  declared, 
that  said  Cook  has  very  injuriously  treated  the  said  Crombell : 
And  therefore,  it  is  resolved  by  this  Assembly,  that  Thomas 
Seymour,  Esq%  of  Hartford,  be  authorized  and  directed  to 
[49]  cause  said  Cook  to  be  apprehended,  ||  and  him  have 
before  this  Assembly  at  their  sessions  in  May  next,  and  use 
proper  means  to  take  such  evidences  as  referred  to  in  said 
report  and  other  evidences  as  he  shall  think  proper,  and 
cause  said  Cook  to  be  indicted  for  such  injurious  treatment 
as  he  shall  suppose  him  to  be  guilty  of. 

On  the  petition  of  Ebenezer  Fitch  of  W^allingford,  vs.  John 
Fitch  of  Windham,  shewing  to  this  Assembly  that  said  John 
obtained  a  note  of  twenty-seven  pounds  ten  shillings  in  May 
last  of  said  Ebenezer,  on  condition  of  delivering  up  a  note  of 
£14  18s.  Od.  given  by  said  Eljenezer  to  one  Samuel  Towsley 
of  Salisbury  and  an  order  drawn  on  said  Ebenezer  by  one 
Elcazer  Fitch  of  said  Windham,  and  that  said  John  never 
discharged  said  sums  on  account  of  said  Ebenezer  but  collu- 


72  PUBLIC    RECORDS  [Oct. 

sively  evaded  the  same,  as  per  petition  on  file  appears :  Re- 
solved by  this  Assembly,  that  the  said  Ebenezer  Fitch  shall 
recover  of  said  John  Fitch  the  sum  of  twenty-seven  pounds 
ten  shillings  lawful  money,  the  sum  in  said  note,  and  also  the 
sum  of  =£8  19.§.  bd.  like  money  for  damages  sustained  and 
cost  expended  in  said  affair  and  controversy  mentioned  in 
said  petition,  and  that  execution  go  forth  accordingly.  Ex. 
granted  Nov.  3(i,  1757. 

Upon  the  petition  of  Ozias  Goodwin  jun'',  of  Hartford, 
representing  that  he  brought  his  action  against  Daniel  Pratt 
of  Glassenbury,  by  the  name  of  Daniel  Pratt  of  said  Hart- 
ford, to  the  county  court  held  at  said  Hartford  in  November 
1756,  setting  forth  that  the  defendant  on  the  29th  of  October 
1755  owed  to  the  plaintiff  by  book  the  sum  of  one  hundred 
and  seventy-three  pounds  old  tenor  bills,  for  sundry  goods 
&c,  and  promised  to  pay  said  sum  to  the  plaintiff  when 
thereto  required,  demanding  damages  twenty  pounds  lawful 
money;  that  said  action  came  to  a  final  trial  by  the  jury  at 
the  superior  court  held  at  said  Hartford  in  September  last, 
on  the  issue  whether  or  no  the  defendant  did  promise  and 
assume  as  set  forth  in  the  declaration ;  that  the  jury  after 
consideration  brought  in  a  verdict  in  favour  of  the  clefeudant ; 
complaining  that  the  jury  erred  and  misjudged,  and  praying 
for  a  new  tryal,  for  the  reasons  in  said  petition  assigned  &c. : 
Resolved  by  this  Assembly,  that  the  petitioner  have  liberty, 
and  liberty  is  hereby  granted  him,  to  have  a  new  tryal  of 
said  action  at  the  superior  court  to  be  held  at  Hartford  in 
March  next,  and  that  the  whole  cost  follow  the  final  judg- 
ment. 

Upon  the  petition  of  John  Storer  of  New  Haven,  against 
Timothy  Allen  of  said  New  Haven,  representing  to  this 
Assembly  that  in  1753  he,  the  petitioner,  set  up  a  certain 
snow  of  aliout  143  tons  and  did  good  part  of  the  carpentry 
work  thereof,  and  then  made  and  executed  thereof  a  bill  of 
sale  to  said  Allen  for  security  for  the  sum  of  seven  hundred 
pounds  old  tenor,  which  had  been  advanced  by  one  Thompson 
towards  tlie  building  of  said  snow  and  afterwards  assigned 
over  to  said  Allen,  and  also  for  securing  certain  other  sums 
then  agreed  to  be  advanced  by  said  Allen  for  the  purpose 
aforesaid,  and  that  he  hath  proceeded  and  finished  said  snow 
and  therein  ex})ended  large  sums  of  money  and  much  labour, 
expecting  to  sell  said  snow  and  thereby  refund  the  said  Allen 
the  sums  by  him  thereon  advanced,  but  the  said  Allen  hath 
altogether  refused  to  suffer  him,  said  Storer,  to  sell  said  snow 
or  to  reconvey  the  same,  but  hath  disposed  of  said  snow  for 


17o7.]  OF     CONNECTICUT.  73 

a  large  sum  to  one  John  Eliot  of  New  Haven ;  praying  for 
relief  in  the  premises,  and  that  commissioners  be  appointed 
to  examine  into  said  "affair  &c.,  as  bj  the  petition  on  file 
appears :  Resolved  by  this  Assembly,  that  Thomas  Wells, 
Esq"",  Col.  Christopher  Avery  and  Capt.  Elisha  Sheldon  be, 
and  they  are  hereby,  appointed  a  committee  to  examine  and 
enquire  into  the  cause  which  the  petitioner  sets  forth  and 
concerning  which  he  hath  complained  in  his  petition,  and 
make  report  of  what  they  shall  find  in  the  premises,  with 
their  opinion  of  what  may  be  just  and  equitable  to  be  done 
therein,  to  the  General  Assembly  in  their  present  sessions. 

[50]  Upon  the  petition  of  John  Dennison,  of  Stonington  in 
the  county  of  New  London,  against  James  Griffin,  of  Boston 
in  the  county  of  Suffolk  and  Province  of  the  Massachu- 
sets  Bay,  complaining  of  the  judgment  of  the  superior  court 
held  in  Norwich  in  and  for  the  county  of  New  London  on  the 
fourth  Tuesday  of  March  last,  upon  the  special  verdict  of 
the  jury  in  a  case  in  said  court  had  by  the  said  Griffin  against 
the  petitioner  on  book-debt  demanding  £376  13s.  3|c?.,  al- 
ledging  that  said  judgment  was  erroneous,  praying  that  said 
judgment  be  set  aside,  made  null  and  void,  and  that  he  might 
have  another  trial  of  said  case :  as  by  the  petition  on  file  may 
appear :  Resolved  by  this  Assembly,  that  said  judgment  is 
erroneous,  and  that  the  same  be  reversed  and  made  null  and 
void,  and  the  same  is  hereby  reversed.  And  liberty  is  hereby 
granted  to  the  petitioner  of  another  tryal  of  said  case  before 
the  superior  court  to  be  held  at  Norwich  in  and  for  the  county 
of  New  London  on  the  fourth  Tuesday  of  March  next. 

Upon  the  petition  of  Thomas  Minor,  of  New  London  in  the 
county  of  New  London,  against  Samuel  Wescote,  a  minor, 
and  his  guardian  Bette  Wescote,  both  of  said  New  London, 
representing  to  this  Assembly  that  he,  the  said  Thomas,  bor- 
rowed and  took  upon  loan  one  thousand  pounds  old  tenor  of 
Andrew  Waterhouse,  of  Lyme  in  said  county,  quo  of  the 
executors  of  the  last  will  and  testament  of  Samuel  Wescote 
late  of  said  New  London,  deceased,  and  for  securing  the 
payment  thereof  made  his  deed  of  mortgage  to  and  in  the 
name  of  Samuel  Wescote,  an  infant  son  of  the  said  deceased 
Samuel,  the  same  monies  so  borrowed  belonging  to  the  estate 
of  the  said  deceased  Samuel  and  by  his  last  will  and  testa- 
ment given  to  his  wife  Bette  to  use  for  tlie  term  of  fourteen 
years  and  after  the  expiration  of  said  term  to  her  and  the 
children  of  the  said  deceased,  viz :  his  three  daughters  and 
his  said  son  Samuel,  which  deed  is  dated  the  30th  day  of 
May  A.D.  1752,  and  is  expressive  that  the  grant  therein  was 

10 


74  PUBLIC    RECORDS  [Oct. 

made  upon  the  consideration  of  one  thousand  pounds  old 
tenor  l)ills  of  public  credit  paid  to  the  petitioner  by  the  said 
Andrew  Watcrhouse,  and  that  the  petitioner,  the  said  Thomas 
Minor,  conveyed  to  tiie  said  Samuel  Wescote,  said  infant  son 
of  the  said  deceased  Samuel,  a  certain  tract  or  parcel  of  land 
lying  situate  within  the  township  of  New  London  aforesaid, 
containing  forty-five  acres,  with  a  mansion-house  thereon 
standing,  which  land  is  butted  and  hounded  easterly  with  a 
highway  that  runs  through  the  common  field,  northerly  by 
land  belonging  to  the  heirs  of  Thomas  Leach,  deceased, 
westerly  with  land  lately  belonging  to  Benjamin  Swetla.nd, 
deceased,  and  southerly  with  the  country  road  to  Nehantick,  as 
the  same  is  now  within  fence;  as  also  one  other  piece  of  land 
adjoyning  westerly  upon  the  same  highway  that  the  first-men- 
tioned piece  of  land  adjoyns  easterly  upon,  and  contains  about 
thirty-five  acres,  be  the  same  more  or  less,  and  bounds 
northerly  with  land  belonging  to  Capt.  Daniel  Coit,  and 
easterly  upon  land  laid  out  to  the  heirs  of  Nathaniel  Cbappel, 
deceased,  and  southerly  with  the  aforesaid  country  road  to 
Nehantick,  together  with  the  privileges  and  appurtenances 
thereof,  thereon  or  thereto  belonging|;  to  have  and  to  hold 
the  said  granted  premises,  with  all  and  singular  the  appurte- 
nances, unto  the  said  Samuel  Wescote,  his  heirs  and  assigns 
forever,  with  proper  covenants  of  seizin  and  warrantee  in 
said  deed  ;  which  deed  was  conditioned  that  in  case  the  said 
Thomas  Minor,  his  heirs,  executors  or  administrators,  should 
well  and  truly  pay  unto  the  said  Samuel  Wescote,  his  heirs, 
executors  or  administrators,  the  full  sum  of  one  thousand 
pounds  old  tenor  bills  of  public  credit  that  shall  be  equivalent 
[51]  to  or  that  will  purchase  two  hundred  ||  and  ninety-eight 
ounces  and  a  half  troy  weight  of  silver,  sterling  alloy,  at  or 
before  the  30th  day  of  May  1756,  then  the  abovesaid  deed  of 
bargain  and  sale  should  cease,  determine,  be  null  and  void, 
but  upon  default  thereof  to  stand,  abide  and  be,  remain  in  full 
force,  power  and  virtue,  to  all  intents  and  constructions  in  the 
law;  and  also  representing  that  at  the  giving  and  making 
said  deed  the  said  Watcrhouse  and  the  said  Thomas  Minor 
agreed  that  the  said  deed  should  be  lodged  with  Daniel  Coit, 
Esq'',  the  town-clerk  of  said  New  London,  and  that  the  same 
should  lye  in  his  hands  unrecorded,  and  that  the  said  Bette 
who  was  to  take  the  benefit  of  said  mortgage  also  agreed  that 
the  said  deed  should  lye  unrecorded  as  aforesaid;  and  that 
the  same  deed,  contrary  to  said  agreement,  is  put  on  record 
and  a  suit  at  law  depending  in  the  county  court  of  New  Lon- 
don county  in  the  name  of  the  said  infant  Samuel  by  his 
guardian  the  said  Bette  against  the  said  Thomas  for  the  sur- 


[Oct.  '  OF    CONNECTICUT.  75 

rendry  of  said  mortgaged  premises,  whereby  he,  the  said 
Thomas,  is  exposed  to  have  his  land  and  messuage  taken  from 
him  for  much  less  than  the  value  thereof  and  contrary  to  the 
agreement  of  the  parties,  when  he  had  faithfully  paid  the 
interest  of  said  monies  borrowed  till  the  year  in  which  said 
suit  was  commenced ;  praying  for  the  interposition  of  this 
Assembly  and  that  thereby  he  may  have  relief,  and  that  the 
said  Bette  Wescote  be  authorized  and  ordered  to  make  and 
execute  a  release  of  said  mortgaged  premises  as  she  is  guard- 
ian as  aforesaid,  as  appears  by  the  petition  on  file:  All 
which  matters  and  facts  appearing  to  this  Assembly,  it  is 
thereupon  by  this  Assembly  enacted,  decreed  and  ordered,  that 
upon  the  said  Thomas  Minor,  his  heirs,  executors  or  admin- 
istrators paying  to  the  said  Bette  Wescote  323^  ounces  of 
silver  troy  weight  sterling  alloy,  it  being  the  sum  due  on 
said  mortgage,  with  the  interest  thereof  from  this  time,  and 
also  twenty-four  shillings  and  four  pence  lawful  money, 
being  the  cost  of  said  law  suit,  any  time  within  one  year  from 
the  rising  of  this  Assembly,  the  said  deed  of  mortgage  shall 
be  null  and  void,  and  that  the  said  Bette  Wescote,  as  she  is 
guardian  to  the  said  Samuel,  a  minor,  sliall  make  and  execute 
to  the  said  Thomas  Minor  a  deed  in  writing  under  her  hand 
in  her  capacity  as  guardian  to  the  said  Samuel  Wescote,  ex- 
pressive of  her  receiving  the  same  upon  the  account  of  and 
in  full  payment  and  satisfaction  of  the  duty  of  said  mortgage, 
and  shall  acknowledge  the  same :  which  being  put  upon 
record  in  the  office  of  the  town-clerk  of  said  New  London, 
the  said  deed  so  given  by  said  Bette  or  a  copy  thereof  shall 
be  evidence  of  the  satisfaction  of  the  duty  of  said  mortgage 
and  for  the  defeasance  thereof. 

Upon  the  petition  of  Benjamin  Spaulding  jun"",  of  Plain- 
field  in  the  county  of  Windham,  representing  that  he  brought 
his  action  against  Isaac  Goff  of  Symsbury  to  the  county 
court  held  at  Hartford  in  the  county  of  Hartford  on  the 
second  Tuesday  of  April  1757,  therein  setting  forth  that  the 
said  Isaac  in  and  by  a  certain  bond  by  him  well  executed, 
dated  the  20th  of  May  1757,  bound  himself  to  pay  to  the 
petitioner  four  hundred  pounds  in  bills  of  credit  demanding 
fifty  pounds  lawful  money ;  that  the  said  Isaac  pleaded 
thereto  that  said  bond  was  not  his  act  and  deed,  and  that 
said  plea  being  only  signed  by  council  the  petitioner  for  the 
same  reason  demurred  to  said  plea,  and  that  the  said  parties 
being  heard  thereon  before  the  adjourned  county  court  held 
at  said  Hartford  in  July  last  the  said  court  were  of  opinion 
that  said  plea  was  sufficient,  and  accordingly  rendered  judg- 


76  PUBLIC    RECOEDS  *  [Oct. 

ment  and  awarded  cost  to  the  defendant ;  that  the  petitioner 
in  demurring  as  aforesaid  missed  his  plea  &c. ;  praying  for 
liberty  of  a  newtryal  and  to  alter  his  plea  etc.:  It  is  therefore 
resolved  by  this  Assembly,  that  the  petitioner  shall  have 
liberty  of  another  tryal  in  said  action  by  way  of  review  at 
the  county  court  to  be  held  at  Hartford  in  the  county  of 
Hartford  on  the  first  Tuesday  of  November  next,  and  there 
to  alter  his  plea;,  and  in  case  the  petitioner  shall  obtain,  the 
future  cost  only  shall  follow  the  final  judgment. 

Upon  the  petition  of  Andrew  McKenzie  of  New  London, 
against  Margaret  Pollard  of  Boston,  executrix  to  the  last  will 
and  testament  of  Benjamin  Pollard  deceased,  complaining  of 
error  in  a  judgment  of  the  superior  court  held  at  Norwich  in 
March  last,  rendered  in  favour  of  said  Margaret  against  said 
Andrew  McKenzie  :  Resolved  by  this  Assembly,  that  the 
consideration  of  said  petition  be  referred,  and  said  petition 
is  hereby  continued  to  the  session  of  this  Assembly  in  May 
next ;  and  that  execution  on  said  judgment  be  stayed  until 
that  time. 

[52]  On  the  petition  of  David  Bracket  of  Wallingford,  versus 
William  Hough  of  Walling-ford  and  John  Fitch  of  Windham, 
therein  shewing  that  an  execution  was  taken  out  in  favour  of 
one  Francis  Green  of  said  Wallingford  against  David  Bracket 
and  Elisha  Bracket  of  said  Wallingford,  on  a  judgment  ren- 
dered by  the  supeiior  court  at  their  adjourned  sessions  in  New 
Haven  in  June  1753,  and  after  said  judgment  was  rendered 
said  Green  did  discharge  said  David" and  Elisha  Bracket  f lom 
all  suits,  actions,  causes  of  actions,  judgments,  executions, 
trespasses,  dues  and  demands  of  what  nature  soever,  and 
from  all  suits  in  law  and  recoveries  from  the  beginning  of 
the  world  to  the  day  of  the  date  thereof,  which  was  executed 
on  the  21st  day  of  August  A.D.  1753  ;  that  soon  after  an 
execution,  dated  September  1st,  1753,.  in  favour  of  said 
Francis  Green  against  said  David  Bracket  and  Elisha  Bracket 
for  the  sum  of  five  hundred  pounds  proclamation  money  for 
damages,  and  ^3  5s.  9c?.  like  money  for  cost,  was  by  the  pro- 
curement of  said  William  Hough  and  John  Fitch  levied  on 
the  real  estate  of  said  David  Bracket  situate  in  Wallingford 
aforesaid  in  New  Haven  county,  viz:  two  pieces  of  land,  the 
one  containing  a  dwelling-house,  barn  and  orchard  and  about 
fifty-three  acres  of  land,  bounds  west  on  highway,  southerly 
on  land  belonging  to  the  heirs  of  Isaac  Bracket  deceased,  and 
every  other  way  as  described  in  the  deed  of  John  Bracket 
junr  to  said  David  Bracket ;  the  other  piece  containing  seven 
acres  and  one  hundred  and  five  rods  bounds  west  on  highway, 


1757.]  OP    CONNECTICUT.  77 

south  and  east  on  the  first  described  piece,  and  north  on  the 
other  land  belonging  to  said  David,  and  to  extend  in  equal 
width  as  far  north  as  -to  make  up  said  quantity ;  and  caused 
to  be  returned  to  the  clerk  of  the  superior  court  and  there 
recorded  ;  which  execution  was  levied  on  the  15th  day  of 
October  1753  :  and  that  sometime  after  said  Hough  and  said 
Fitch  collusively  obtained  a  deed  of  said  described  land  and 
premises  from  said  Green  to  said  William  Hough  and  John 
Fitch  in  due  form  of  law  executed,  which  bears  date  February 
the  8th  A.D.  1754 ;  praying  for  relief,  as  per  his  petition  on 
file  appears  :  Resolved  by  this  Assembly,  that  the  execution 
issued  in  favour  of  said  Francis  Green  against  David  and 
Elisha  Bracket  of  Wallingford  aforesaid,  on  a  judgment  of 
the  superior  court  in  June  1753  abovementioned,  which  exe- 
cution bears  date  September  1st,  1753,  and  all  the  doings 
thereon,  be  and  hereby  is  reversed  and  made  void,  and  that 
the  said  deed,  bearing  date  Fe]jruary  8th  1754  above  referred 
to,  made  by  said  Francis  Green  to  said  William  Hough  and 
said  John  Fitch,  be  and  hereby  is  vacated  and  prohibited 
forever  hereafter  being  given  in  evidence  or  any  copy  or 
exemplification  thereof  in  any  court ;  and  that  the  said  David 
Bracket  shall  recover  of  the  said  William  Hough  and  said 
John  Fitch  eight  pounds  five  pence  lawful  money  and  the  cost 
of  this  petition,  and  that  execution  go  forth  for  said  sums 
accordingly.  Cost  allowed  petitioner  is  £5  4s.  5d.  laivful 
money.     ]^x.  granted  Nov.  3(1,  1757. 

On  the  memorial  of  Daniel  Bradly,  Israel  Sperry,  Joel 
Munson  and  others,  inhabitants  of  the  first  society  in  New 
Haven  living  in  the  north  part  thereof,  praying  that  they 
may  be  formed  into  a  distinct  ecclesiastical  society,  as  by 
their  memorial  on  file  :  Resolved  by  this  Assembly,  that  the 
inhabitants  and  persons  living  within  the  limits  and  bounds 
following,  viz :  Beginning  at  the  southeast  corner  at  the 
mouth  of  Shepards  Brook,  so  called,  where  said  brook  falls 
into  the  Mill  River,  thence  running  westward  a  parallel  line 
with  the  line  on  the  south  side  of  the  Half  Division,  so  called, 
unto  the  east  line  of  the  parish  of  Amity,  thence  northward 
in  said  line  to  Wallingford  bounds,  and  to  extend  north- 
ward from  the  first-mentioned  bounds  by  said  river  being  the 
west  side  line  of  North  Haven  parish  bounds  until  it  comes 
to  the  south  side  of  James  Ives's  farm,  thence  east  in  the  south 
line  of  said  farm  unto  the  highway  that  runs  north  and  south, 
and  thence  north  by  said  highway  unto  Ithamar  Todds 
farm  including  said  farm  within  the  limits  of  said  parish,  and 
thence  to  the  Blue  Hills,  so  called,  and  thence  easterly  in 


78  PUBLIC    RECORDS  [Oct. 

[53]  the  line  ||  of  said  North  Haven  bounds  until  it  comes 
to  said  Wallingford  bounds,  and  thence  westerly  in  the  north 
side  line  of  said  New  Haven  bounds  unto  said  Amity  line  be, 
and  hereby  are,  made  a  distinct  ecclesiastical  society  with  all 
the  powers,  priviledges  and  immunities  that  other  distinct 
ecclesiastical  societies  in  this  Colony  already  established  by 
law  have,  and  that  the  same  shall  hereafter  be  called  and 
known  by  the  name  of  Mount  Carmel. 

Upon  the  memorial  of  Daniel  Porter,  of  Stratford  in  the 
county  of  Fairfield,  overseer  and  conservator  of  Margaret 
Curtis  of  said  Stratford,  an  idiot  and  impotent  person,  and 
her  estate,  representing  to  this  Assembly  that  there  has  been 
expended  for  the  maintenance  of  the  said  Margaret  from  the 
first  day  of  September  1745  until  the  first  day  of  February 
1757,  the  sum  of  forty-four  pounds  fifteen  shillings  lawful 
money  more  than  the  profits  and  income  of  the  said  Mar- 
garets estate ;  praying  that  so  much  of  the  real  estate  of  the 
said  Margaret  may  be  sold  as  will  answer  said  sum  with 
incident  charges,  as  appears  by  the  memorial  on  file :  Re- 
solved by  this  Assembly,  that  so  much  of  the  lands  and  real 
estate  of  the  said  Marsiaret  Curtis  be  sold  as  will  be  sufficient 
to  answer  the  said  sum  of  forty-four  pounds  fifteen  shillings 
lawful  money  with  the  incident  charges,  and  that  the  money 
raised  by  such  sale  be  used  and  applied  for  answering  said 
expences  for  said  maintenance  and  incident  charges,  and  that 
the  memorialist  make  sale  and  disposition  of  said  land  and 
make  deed  or  deeds  accordingly. 

Upon  the  memorial  of  Isaac  Chalker  of  Glassenbury,  shew- 
ing to  this  Assembly  that  he  is  in  debt  to  the  Governor  and 
Company  of  this  Colony  for  money  received  by  order  of  this 
Assembly,  part  of  the  sum  received  as  abovesaid  being  paid, 
and  Capt.  Thomas  Seymour,  as  agent  to  the  Governor  and 
Company,  put  the  bond  given  for  the  said  sum  borroAved  in 
suit  and  recovered  judgment  thereon  in  favour  of  the  Gover- 
nour  and  Company  before  the  adjourned  county  court  holden 
at  Hartford  on  the  first  Tuesday  of  July  last,  and  shewing 
that  he  is  unable  to  pay  and  satisfy  said  judgment,  and 
praying  that  this  Assembly  would  give  to  him  the  whole  or 
part  of  said  debt,  or  order  a  delay  of  said  execution  &c. : 
Resolved  by  this  Assembly,  that  execution  on  said  judgment 
be  stayed  and  suspended  until  the  first  day  of  April  next, 
and  that  upon  the  memorialists  paying  by  that  time  the  sum 
of  thirty-tw'o  pounds  lawful  money  the  remaining  part  of  the 
principal  sum  of  the  bond  to  the  said  agent  who  put  the  same 
in  suit,  with  the  cost  thereon  arisen,  the  said  agent  shall 


1757.]  OF    CONNECTICUT.  79 

fully  discharge  the  aforesaid   judgment  against  the    memo- 
rialist. 

Upon  the  memorial  of  Timothy  Peck  jun""  of  New  Haven, 
Elijah  Thomas  of  Colchester,  and  William  Bishop  of  New 
London,  shewing  to  this  Assembly  that  they  being  in  the 
governments  service  in  the  army  in  the  year  last  past  in  their 
way  home  were  arrested  by  one  William  Rogers  on  an  action 
charging  them  with  being  instrumental  in  firing  a  certain 
house  in  the  county  of  Albany  l)elonging  to  said  Rogers,  and 
are  now  holden  to  trial  in  the  Province  of  New  York  on  said 
action ;  further  representing  and  alledging  their  innocence  of 
the  fact  charged  u])on  them,  and  that  by  reason  of  their 
poverty  they  are  unable  to  furnish  themselves  with  the  nec- 
essary evidences  to  evince  their  innocency  &g.  ;  praying  this 
Assemljly  to  grant  them  a  sum  out  of  the  public  treasury  to 
enable  them  to  make  their  defence  in  said  suit  &c.  as  by  the 
memorial  on  file  :  Resolved  by  this  Assembly,  that  the  memo- 
rialists have  liberty  to  take  and  receive  out  of  the  public 
treasury  of  this  Colony  the  sum  of  six  pounds  thirteen 
shillings  and  fourpence  lawful  money  each,  to  help  them  in 
the  matter  above  mentioned ;  and  the  Treasurer  of  this  Col- 
ony is  hereby  directed  to  pay  the  same  accordingly. 

[54]  Upon  the  memorial  of  Joseph  Beckley,  Joseph  Deming, 
Ezekiel  Kelsey  and  the  rest  of  the  inhabitants  of  that  part  of 
the  town  of  Weathersfield  which  is  annexed  to  the  parish  of 
Kinsington,  with  some  other  inhabitants  of  said  Weathersfield, 
representing  to  this  Assembly  that  they  are  so  situated  that 
they  can  have  l)ut  little  advantage  by  the  school  kept  in  said 
parish ;  that  they  have  a  sufficent  number  of  children  for  a 
school  among  themselves,  and  that  that  part  of  Kensington 
with  which  the  memorialists  have  been  joyned  in  maintaining 
a  school  are  willing  they  should  be  released  from  any  future 
cost  in  maintaining  said  school  &c. ;  praying  for  liberty  to 
keep  a  distinct  school  by  themselves:  Resolved  by  this  As- 
sembly, that  the  inhabitants  of  that  part  of  the  town  of 
Weathersfield  which  is  annexed  to  the  parish  of  Kinsington 
together  with  such  others  as  now  do  or  hereafter  may  dwell 
within  the  following  limits,  viz:  a  line  drawn  east  from  the 
northeast  corner  of  Beckleys  farm  three  quarters  of  a  mile 
and  a  line  drawn  south  from  the  east  end  of  said  line  to  the 
line  dividing  between  Weathersfield  and  Middleton  and  the 
lines  of  that  part  of  said  Kensington  annexed  as  aforesaid  be, 
and  they  hereby  are,  made  a  distinct  district  by  themselves 
for  the  purposes  of  erecting,  regulating  and  supporting  a 
school.     And  this  Assembly  order  and  enact,  that  the  memo- 


80  PUBLIC    RECORDS  [Oct. 

rialists  &c.  as  above  limited  and  described  be  invested,  and 
they  are  hereby  invested,  with  the  same  power  and  authority 
to  call  their  first  meeting,  and  being  at  any  time  legally  met 
and  assembled  together  to  act,  vote,  order  and  do  any  and 
everything  relating  to  the  erecting,  regulating,  maintaining 
and  supporting  a  school  in  said  district  as  towns  and  parishes 
within  this  Colony  by  law  have  and  are  enabled  to  do. 

Upon  the  memorial  of  John  Cable  and  others,  inhabitants 
in  the  northern  part  of  Greenfield  Parish  in  the  town  of 
Fairfield,  representing  that  they  live  near  to  the  parish  of 
Northfield  and  remote  from  the  meeting-house  in  Greenfield 
<fec. ;  praying  to  have  a  small  tract  of  land  including'-  the 
memorialists  and  some  others  annexed  to  said  parish  or 
society  of  Northfield,  said  small  piece  or  tract  of  land  being 
described  and  bounded  as  follows,  viz:  beginning  at  the 
southeast  corner  of  the  said  society  of  Northfield  by  Aspetuck 
River,  thence  northeastly  by  said  river  to  the  west  side  of  the 
mile  of  commons,  thence  following  that  course  to  Reading 
parish  line,  thence  westerly  by  said  Reading  parish  line  to 
the  northeast  bounds  of  said  society  of  Northfield,  said  tract 
l)eing  about  one  hundred  and  sixteen  rods  and  fourteen  feet 
wide  from  east  to  west  and  bounds  westerly  on  said  parish 
of  Northfield,  as  by  said  memorial  may  more  fully  appear: 
Resolved  by  this  Assembly,  that  said  above-described  tract  of 
land  be  annexed  and  the  same  is  hereby  annexed  to  and  made 
part  of  the  said  society  of  Northfield.  Provided  nevertheless, 
and  it  is  hereby  ordered  and  resolved,  that  the  several  persons 
living  on  said  annexed  piece  of  land  shall  be  holden  to  pay 
and  shall  be  liable  to  be  taxed  with  the  inhabitants  of  said 
Greenfield  as  heretofore  for  the  payment  of  all  such  sums  as 
are  due  from  said  society  of  Greenfield  to  Mr.  Goodsell  their 
late  minister  upon  tlie  contract  or  agreement  made  by  said 
society  with  said  Mr.  Goodsell  respecting  his  maintenance ; 
anything  in  this  act  contained  notwithstanding. 

Upon  the  memorial  of  Lucy  Dayton  of  New  Haven,  admin- 
istratrix on  the  estate  of  Israel  Dayton  late  of  said  New  Haven, 
deceased,  representing  that  the  debts  due  from  said  estate 
surmount  the  moveables  the  sum  of  seven  pounds  fifteen 
shillings  and  one  penny  lawful  money ;  praying  for  liberty  to 
sell  so  much  of  the  real  estate  of  said  deceased  as  shall  ena- 
ble her  to  pay  said  sum  &c.,  as  by  the  memorial  on  file: 
Resolved  by  this  Assembly,  that  the  memorialist  have  liberty 
to  have  so  much  of  the  real  estate  of  said  deceased  sold  as 
shall  enable  her  to  pay  said  sum  of  £1  15s.  Id.  with  incident 
charges.     And  this  Court  doth  appoint  and  impowcr  Ebenezer 


1757.]  OF    CONNECTICUT.  81 

Blachley,  of  said  New  Haven,  to  make  sale  of  the  same  and 
execute  deed  or  deeds  accordingly:  the  advice  and  direction 
of  the  court  of  probate  in  the  district  of  New  Haven  to  be 
taken  therein. 

On  the  memorial  of  Mary  Hurlburt  of  Symsbury,  adminis- 
tratrix on  the  estate  of  Nathaniel  Hurlburt  late  of  Symsbury, 
deceased,  shewing  to  this  Assembly  that  the  debts  paid,  ex- 
[55]  hibited  and  allowed  by  the  court  of  probate  ||  for  the 
district  of  Hartford  surmount  the  moveable  estate  of  the 
deceased  the  sum  of  £55  16s.  7-hcl.,  praying  for  liberty  that  so 
much  of  the  real  estate  of  said  deceased  may  be  sold  as  to 
make  said  sum  with  the  incident  charges  thereon  arising :  Re- 
solved by  this  Assembly,  that  John  Humphry,  Esq"",  of  Syms- 
bury, with  the  memorialist  have  liberty,  and  liberty  is  hereby 
granted  to  them,  to  sell  so  much  of  the  real  estate  of  said 
deceased  as  to  make  the  sum  of  £55  16s.  l^d.  with  the  inci- 
dent charges  thereon  arising ;  taking  the  advice  of  the  court 
of  probate  for  the  district  of  Hartford  therein. 

Whereas  at  the  General  Assembly  held  at  Hartford  in  May 
last,  upon  the  memorial  of  Richard  Ranny,  of  Newtown  in 
the  county  of  Fairfield,  praying  for  a  committee  to  be  ap- 
pointed to  enquire  into  the  title  and  circumstances  of  certain 
Indian  lands  in  Middleton  wherein  the  said  memorialist 
claims  to  have  a  part,  in  order  that  such  his  part  and  propor- 
tion might  be  made  out  and  ascertained  to  him,  John  Chester 
and  Thomas  Wells,  Esq'^,  were  appointed  a  committee  to 
enquire  into  and  concerning  the  matters  and  things  requested 
in  said  memorial,  as  by  said  memorial  and  act  of  Assembly 
appears;  and  whereas  said  committee  have  been  unavoidably 
prevented  attending  said  business :  Resolved  by  this  Assembly, 
that  the  said  John  Chester  and  Thomas  Wells,  Esq",  be  and 
they  are  hereby  reappointed  a  committee  to  enquire  into  and 
concerning  the  matters  and  things  set  forth  and  requested  in 
said  memorial,  and  make  report  of  wliat  they  shall  find  with 
their  opinion  thereon  to  the  General  Assembly  of  this  Colony 
to  be  holden  at  Hartford  in  May  next. 

Upon  the  memorial  of  Samuel  Phelps  of  Windsor,  adminis- 
trator upon  the  estate  of  Samuel  Phelps  late  of  Windsor, 
deceased,  representing  to  this  Assembly  that  the  debts  of  the 
said  deceased  surmount  the  moveable  estate  of  the  said  de- 
ceased the  sum  of  £30  lO-s.  lOld.  lawful  money;  praying  for 
liberty  to  sell  so  much  of  the  real  estate  of  the  deceased  to 
the  amount  of  said  sum  for  the  payment  of  said  debts  and  the 
incident  charges  arising  thereon;  as  per  memorial  on  file: 
Resolved  by  this  Assembly,  that  the  memorialist  have  liberty, 
11 


82  PUBLIC    RECOEDS  [Oct. 

and  liberty  is  hereby  granted  to  the  memorialist,  to  sell  so 
much  of  the  real  estate  of  the  said  deceased  as  to  make  said 
sum  of  .£30  10s.  lO^d.  and  the  incident  charges  arising 
thereon :  the  memorialist  taking  the  direction  of  the  court  of 
probates  in  the  district  of  Hartford  thereon. 

Upon  the  memorial  of  Ebenezer  Knap,  of  Norfolk  in  the 
county  of  Litchfield,  shewing  to  this  Assembly  that  his  dwell- 
ing-house and  everything  therein  was  consumed  by  fire,  and 
also  shews  that  he  had  burnt  in  said  house  a  deed  of  one 
fifty-third  part  of  the  township  of  said  Norfolk,  well  exe- 
cuted by  Benjamin  Hall,  Jabez  Hamlin  and  Elihu  Chaun- 
cey,  Esq",  a  committee  especially  appointed  to  make  sale  of  said 
township,  which  deed  was  never  recorded ;  and  further,  he 
had  burnt  at  the  same  time  two  thirty-shilling  bills,  a  twenty 
shilling,  one  ten  shilling,  two  of  two  and-six-pence,  and  one 
nine-pence,  all  of  August  emission ;  praying  this  Assembly  to 
enact,  decree  and  appoint  the  aforesaid  Benjamin  Hall,  Jabez 
Hamlin  and  Elihu  Chauncey,  Esq""^,  to  make  and  execute  a 
deed  unto  the  said  Ebenezer  Knap,  conveying  the  53d  part  of 
said  township  to  him  as  the  deed  burnt  did ;  and  also  to  en- 
act &c.  that  the  said  Ebenezer  Knap  have  liberty  of  drawing 
the  same  sum  out  of  the  Colony  treasury  as  the  said  bills  did 
amount  to  <tc. :  Resolved  by  this  Assembly,  that  the  said 
Benjamin  Hall,  Jabez  Hamlin  and  Elihu  Chauncey,  Esq'"%  be 
appointed  a  committee  and  they  are  hereby  impowered,  to 
[56]  make  and  execute  a  good  and  authentick  deed  of  one  ||  fifty- 
third  part  of  said  township  of  Norfolk  unto  the  said  Ebenezer 
Knap ;  and  also  that  the  said  Ebenezer  Knap  have  liberty, 
and  he  is  impowered,  to  take  and  receive  out  of  the  Colony 
treasury  the  like  bills  aforesaid,  and  the  Treasurer  for  the 
time  being  is  hereby  ordered  to  pay  the  same. 

On  the  memorial  of  Elihu  Hall  of  Wallingford,  shewing  this 
Assembly  that  he  was  a  purchaser  of  some  land  lying  west  of 
Ousatunick  River,  and  that  some  persons  had  entered  on  said 
land,  and  that  he  had  taken  no  benefit  of  or  recorded  said 
deed,  and  that  the  bond  given  for  the  payment  thereof  was 
now  in  suit ;  praying  for  relief,  as  per  his  memorial  on  file : 
Resolved  by  this  Assembly,  that  the  suit  on  the  said  bond 
given  by  said  Elihu  Hall  with  surety  conditioned  for  the  pay- 
ment of  about  c£316  Os.  Od.,  now  pending  in  the  county  court 
in  New  Haven,  shall  be  stayed  and  cease,  the  said  Hall  pay- 
ing the  lawful  cost  already  arisen ;  and  that  tlie  time  of 
payment  of  said  bond  be  postponed  for  the  space  of  two  years 
from  the  rising  of  this  Assembly  and  the  lawful  interest  to 
be  paid  on  said  bond  accordingly ;  and  the  Colony  agent  in 


1757.]  OF    CONNECTICUT.  83 

whose  hand  said  bond  is  deposited  is  directed  to  conform 
hereunto. 

Upon  the  memorial  of  the  inliabitants  of  the  parish  of 
East  Greenwich  in  the  town  of  Kent,  praying  to  have  a  land- 
tax  on  the  unimproved  lands  in  said  parish  belonging  to 
non-resident  proprietors,  to  help  support  the  ministry  in  said 
society  &c.,  as  by  a  memorial  on  file:  Resolved  by  this 
Assembly,  that  the  memorialists  have  liberty  to  levy  and 
collect  according  to  law  a  rate  or  tax  of  one  penny  lawful 
money  per  acre  of  the  proprietors  and  owners  of  all  the 
unimproved  lands  in  said  society,  to  be  continued  for  the 
space  and  term  of  three  years,  to  be  improved  and  applyed 
for  the  purpose  abovesaid ;  and  that  Mr.  Jonathan  Sacket 
jun"",  of  said  parish  of  East  Greenwich,  be  a  collector  to  levy 
and  collect  said  rate  or  tax,  who  is  hereby  vested  with  the 
like  power  and  authority  as  other  town  or  society  collectors 
by  law  have. 

Upon  the  memorial  of  Joseph  Murray,  Joseph  Smith  and 
others,  committee  for  building  and  finishing  a  meeting-house 
for  divine  worship  in  the  parish  of  Newbury,  shewing  to  this 
Assembly  that  said  parish  have  proceeded  to  raise  money 
by  taxing  the  inhabitants  to  set  up  and  cover  said  house,  and 
praying  that  a  tax  may  be  granted  on  the  uninclosed  lands 
lying  in  said  parish,  to  enable  said  memorialists  to  finish  said 
house  :  This  Assembly  grants  a  tax  of  one  penny  per  acre  on 
all  the  uninclosed  lands  lying  within  said  parish  for  the  space 
of  four  years  next  coming,  (exclusive  of  the  lands  belonging  to 
the  professors  of  the  Church  of  England,)  to  be  collected  and 
paid  into  the  said  committee  by  the  first  day  of  October 
annually,  and  by  said  committee  improved  towards  the  fin- 
ishing said  meeting-house.  And  this  Assembly  do  appoint 
Joseph  Gun  junr,  of  Newtown,  to  collect  said  tax,  who  is 
hereby  fully  impowered  by  warrant  from  any  one  Assistant 
or  justice  of  the  peace  to  collect  the  same,  who  shall  be 
accountable  to  the  said  committee  therefor  in  the  same  man- 
ner that  other  collectors  of  rates  in  this  Colony  by  law  are. 

Upon  the  memorial  of  Abraham  Brooks  of  Haddam,  admin- 
istrator of  the  estate  of  Ezekiel  Bayley  late  of  said  Haddam, 
deceased,  shewing  to  this  Assembly  that  the  debts  due  from 
said  estate  surmount  the  moveable  estate  the  sum  of  eleven 
pounds  and  eight  pence  lawful  money,  and  praying  that  so 
much  of  the  lands  of  the  said  deceased  may  be  sold  as  to 
raise  the  said  sum  &c. :  Resolved  by  this  Assembly,  that  the 
said  administrator  have  liberty,  and  that  he  is  hereby  ap- 
pointed and  impowered,  to  sell  so  much  of  the  lands  of  the 


84  PUBLIC    EECORDS  [Oct. 

said  deceased  as  to  raise  the  sum  of  eleven  pounds  and  eight 
pence  lawful  money  with  the  incident  charges  arising  on  the 
sale  thereof  ;  taking  the  advice  of  the  court  of  probate  in  the 
district  of  Middleton  on  the  sale  thereof. 

[57]  On  the  memorial  of  Jane  Richards,  of  Goshen  in 
Litchfield  county,  administratrix  on  the  estate  of  Daniel 
Eichards  late  of  said  Goshen,  deceast,  shewing  that  addi- 
tional debts  due  from  the  estate  of  the  said  deceast,  with  cost 
allowed  the  said  administratrix  and  allowance  made  of  nec- 
essaries to  the  w^idow,  surmount  both  the  inventoried  personal 
estate  of  the  said  deceast.  and  also  a  former  allowance  of  this 
Assembly  to  sell  part  of  the  real  estate  of  tlie  said  deceast  for 
the  payment  of  debts  due  from  the  said  estate  the  sum  of  .£21 
15s.  lid.  lawful  money  ;  praying  this  Assembly  that  she  may, 
with  the  assistance  of  some  meet  person,  have  liberty  and  be 
appointed  to  sell  so  much  of  the  real  estate  of  the  said  deceast 
as  shall  be  sufficient  for  the  payment  of  the  said  sum  with 
incident  charges  arising  on  said  sale :  Resolved  by  this 
Assembly,  that  the  said  administratrix  with  the  assistance 
of  Mr.  Samuel  Nash  of  said  Goshen  be  allowed,  and  they  are 
directed  and  impowered,  to  sell  so  much  of  the  real  estate  of 
the  said  deceased  as  shall  amount  to  the  said  sum  and  the 
incident  charges  arising  on  the  sale  thereof ;  taking  the 
advice  and  directions  of  the  court  of  probate  in  the  district 
of  Litchfield  therein. 

Upon  the  memorial  of  Elijah  Hawley  and  Thomas  Hawley, 
administrators  on  the  estate  of  Nathan  Hawley  late  of  Ridg- 
field,  deceased,  shewing  to  this  Assembly  that  the  debts  due 
from  said  estate  surmount  the  personal  estate  the  sum  of 
seventy-four  pounds  and  one  penny  lawful  money,  and  pray- 
ing this  Assembly  to  impower  them  to  sell  so  much  of  the 
lands  of  said  estate  as  shall  be  sufficient  to  procure  said  sum 
with  the  incident  charges  arising  thereon :  This  Assembly 
grants  liberty  to  said  memorialists,  and  they  are  hereby  im- 
powered, to  make  sale  of  so  much  of  the  real  estate  of  said 
deceased  as  shall  procure  the  said  sum  of  seventy-four  pounds 
and  one  penny  lawful  money  with  the  incident  charges  arising 
by  said  sale  ;  taking  the  direction  of  the  court  of  probates  for 
the  district  of  Danbury  therein. 

Upon  the  memorial  of  Martha  Weed,  late  Martha  Hoit, 
administratrix  on  the  estate  of  Samuel  Hoit  the  3d  late  of 
Stanford,  deceast,  shewing  to  this  Assembly  that  there  were 
more  debts  brought  in  against  the  estate  of  the  said  Samuel 
Hoit,  amounting  to  the  sum  of  £44  15s.  Id.  lawful  money, 
and  praying  to  this  Assembly  for  liberty  to  sell  so  much  of 


1757.]  OF    CONNECTICUT.  85 

tlie  real  estate  of  the  said  deceast  as  will  satisfy  and  answer 
for  the  sum  aforesaid  &c. :  Resolved  by  this  Assembly,  that 
Mr,  Abram  Davenport  of  Stanford  have  power,  and  he  is 
hereby  impowered,  to  sell  so  much  of  the  real  estate  of  the 
said  deceast  as  will  answer  and  satisfy  the  sum  of  <£44  15s. 
1^.  lawful  money  with  the  charges  arising  thereon  ;  taking 
the  direction  of  the  court  of  probates  in  the  district  of  Stan- 
ford therein. 

Upon  the  memorial  of  Phineas  Brainard  of  Haddam,  shew- 
ing to  this  Assembly  that  he  was  required  as  constable  of 
said  town  of  Haddam  to  collect  of  said  inhabitants  8d.  on  the 
pound  on  their  list  sent  in  to  the  Assembly  in  October  last, 
together  with  the  additions  thereto,  cast  to  be  <£  12142  2s.  Od. 
when  the  true  list  of  said  town  was  no  more  than  XI 1840 
Os.  6d.,  and  shewing  that  their  true  list  was  £302  Is.  4d.  less 
than  that  sent  in  as  abovesaid,  and  praying  that  he  may  not 
be  obliged  to  collect  on  the  said  sum  of  £802  Is.  4d.  and  that 
the  same  may  be  abated  to  said  town  :  Resolved  by  this 
Assembly,  that  the  said  £302  Is.  4d.  be  and  the  same  is 
abated  to  the  said  town,  and  that  the  memorialist  shall  not 
collect  on  the  same. 

Upon  the  memorial  of  Sarah  Munrow  of  Ridgfield,  adminis- 
tratrix on  the  estate  of  Amos  Munrow  late  of  Ridgfield,  de- 
ceased, representing  to  this  Assembly  that  the  debts  due 
from  the  estate  of  the  said  deceased  surmount  the  moveal)le 
estate  of  the  said  deceased  the  sum  of  fourteen  pounds  five 
shillings  and  eleven  pence  lawful  money ;  praying  for  liberty 
to  make  sale  of  so  much  of  the  real  estate  of  the  said  deceased 
as  will  pay  said  debt  &c. :  Resolved  by  this  Assembly,  that 
Nehemiah  Mead  of  Norwalk  and  the  said  Sarah  Munrow  have 
liberty,  and  they  are  hereby  appointed,  to  make  sale  of  so 
much  of  the  real  estate  of  the  said  Amos  Munrow,  deceased, 
as  will  pay  the  sum  of  £14  5s.  lit?,  lawful  money  with  the 
necessary  charges  arising  on  the  sale  thereof ;  taking  the 
advice  of  the  court  of  probate  for  the  district  of  D anbury 
thereon. 

[58]  Upon  the  memorial  of  Thomas  Fellows  and  Sarah  Fel- 
lows, administrators  on  the  estate  of  William  Fellows  late  of 
Canaan  in  the  county  of  Litchfield,  deceased,  shewing  to  this 
Assembly  that  the  debts  due  from  said  estate  surmount  the  per- 
sonal estate  the  sum  of  £164  is.  3|f?.  lawful  money,  and  pray- 
ing for  liberty  to  sell  so  much  of  the  lands  of  said  deceased  as 
shall  be  sufficient  to  procure  said  sum  etc. :  This  Assembly 
doth  grant  and  liberty  is  hereby  granted  to  the  said  memor- 
ialists, to  make  sale  of  so  much  of  the  lands  of  the  said  de- 


86  PUBLIC    RECORDS  [Oct. 

ceased  as  shall  be  sufficient  to  procure  the  said  sum  of  one 
hundred  sixty-four  pounds  one  shilling  and  three  pence  and 
three  farthings  lawful  money  with  the  incident  charges  arising 
thereon  ;  taking  the  direction  of  the  court  of  probates  for  the 
district  of  Sharon  therein. 

Upon  the  memorial  of  Samuel  Darling  of  New  Haven, 
conservator  on  the  person  and  estate  of  Daniel  Johnson  of 
said  New  Haven,  shewing  to  this  Assembly  that  the  dwelling- 
house  of  Daniel  Johnson  aforesaid  is  very  much  decayed,  old 
and  perishing  very  fast,  also  a  small  barn  standing  on  about 
one  acre  of  land,  and  praying  liberty  to  sell  the  same,  as  by 
his  memorial  on  file  appears  :  Whereupon  this  Assembly 
grants  lil^erty  and  hereby  impowers  said  Darling  to  sell  said 
house,  land  and  appurtenances,  and  account  for  said  sale  with 
New  Haven  county  court,  and  the  charges  arising  on  such 
sale. 

Upon  the  memorial  of  Thomas  Wilson  of  Killingly,  and 
Jonathan  Eastman  of  Woodstock,  shewing  to  this  Assembly 
that  on  the  15th  day  of  June  1756,  being  ordered  out  with  a 
scouting  party  under  the  command  of  Lieutenant  Solomon 
Grant  was  captivated  by  a  party  of  the  enemy  Indians  about 
12  miles  to  the  westward  of  Hosack  Fort,  and  from  thence 
was  carried  to  an  Indian  town  about  eight  miles  from  Mont- 
real, where  they  were  kept  13  months  and  underwent  great 
fatigues  and  hardships,  as  well  as  the  loss  of  time  &c.,  and 
praying  to  this  Assemljly  for  relief :  Resolved  by  this  Assem- 
l)ly,  that  the  Treasurer  of  this  Colony  pay  unto  the  said 
Thomas  Wilson  and  Jonathan  Eastman  out  of  the  treasury 
of  said  Colony  the  sum  of  ten  pounds  to  each  of  them  in  bills 
of  the  last  emission. 

Upon  the  memorial  of  Zebadiah  Coburn  of  Windham, 
shewing  to  this  Assembly  that  on  the  15th  day  of  June,  1756, 
being  ordered  out  with  a  scouting  party  under  the  command 
of  Lieutenant  Solomon  Grant  was  captivated  by  a  party  of  tlie 
enemy  Indians  about  12  miles  to  the  westward  of  Hosack 
Fort,  and  from  thence  was  carried  to  an  Indian  town  about 
8  miles  from  Montreal,  where  he  was  kept  13  months  and 
underwent  great  fatigues  and  hardships,  as  well  as  the  loss  of 
his  time  <fec.,  and  praying  to  this  Assembly  for  relief :  Re- 
solved by  this  Assembly,  that  the  Treasurer  of  this  Colony 
pay  unto  the  said  Zebadiah  Coburn  out  of  the  treasury  of 
said  Colony  the  sum  of  ton  pounds  in  bills  of  the  late 
emission. 

Upon  the  memorial  of  Sarah  Walters,  of  Norwich  in  New 
London  county,  administratrix  on  the  estate  of  James  Walters 


1757.]  OF    CONNECTICUT.  87 

late  of  said  Norwich,  deceased,  shewing  to  this  Assembly  that 
the  debts  and  charges  surmount  the  personal  estate  of  the  said 
deceased  the  sum  of  =£27  76-.  6ld.,  and  praying  that  some  suit- 
able person  may  be  authorized  and  impowered  to  sell  so  much 
of  the  real  estate  of  the  said  deceased  as  to  enable  the  said 
administratrix  to  pay  the  said  sum  of  £21  7s.  6id.  and  the 
incident  charges  arising  on  such  sale :  Resolved  by  this 
Assembly,  that  David  Hough  of  said  Norwich  be  and  he  is 
hereby  authorized  and  impowered  to  sell  so  much  of  the  real 
estate  of  the  said  deceased  as  will  enable  the  said  adminis- 
tratrix to  pay  the  said  sum  of  .£27  7s.  6id,  and  the  incident 
charges  arising  on  such  sale ;  he  taking  the  direction  of  the 
court  of  probates  in  the  district  of  Norwich  therein. 

Upon  the  memorial  of  Henry  Allyn  of  Windsor,  adminis- 
trator upon  the  estate  of  Edward  Egglestone  late  of  the  same 
Windsor,  deceased,  representing  to  this  Assembly  that  the 
[59]  debts  of  the  said  deceased  surmount  the  moveable  ||  es- 
tate of  the  said  deceased  to  the  sum  of  £iJ6  19s.  2,d.  lawful 
money ;  praying  for  liberty  to  sell  so  much  of  the  real  estate 
of  the  said  deceased  to  the  amount  of  said  sum  for  the  pay- 
ment of  said  debts  and  the  incident  charges  arising  thereon, 
as  per  memorial  on  file :  Resolved  by  this  Assembly,  that  the 
memorialist  have  liberty  and  liberty  is  hereby  granted  to  the 
memorialist,  to  sell  so  much  of  the  real  estate  of  the  said 
deceased  as  to  make  said  sum  of  £56  19s.  2d.  and  the  incident 
charges  arising  thereon ;  the  memorialist  taking  the  direction 
of  the  court  of  probates  in  the  district  of  Hartford  therein. 

On  the  memorial  of  Ebenezer  Kelsey,  of  New  Hartford  in 
the  district  of  Hartford,  administrator  on  the  estate  of  Sarah 
Kelsey  late  of  said  New  Hartford,  deceased,  representing 
that  the  debts  and  charges  due  from  the  estate  of  the  said 
deceased  surmount  the  moveable  estate  of  said  deceased  six 
pounds  one  penny  lawful  money ;  praying  for  liberty  to  make 
sale  of  so  much  of  the  real  estate  of  the  said  deceased  as  will 
pay  said  debt  &c. :  Resolved  by  this  Assembly,  that  the  said 
Ebenezer  Kelsey  have  liberty  and  it  is  hereby  granted,  that  he 
may  make  sale  of  so  much  of  the  real  estate  of  the  said  Sarah 
Kelsey,  deceased,  as  will  procure  the  sum  of  =£6  Os.  Id.  law- 
ful money  with  charges  arising  on  the  sale  thereof;  taking 
the  advice  of  the  court  of  probate  in  the  district  of  Hartford 
therein. 

On  the  memorial  of  Jonathan  Hills,  Esq"",  of  Hartford,  ad- 
ministrator on  the  estate  of  David  Forbs  late  of  said  Hartford, 
deceased,  representing  that  the  debts  and  charges  due  from  the 
estate  of  said  deceased  surmount  the  moveable  estate  of  said 


88  PUBLIC    EECOEDS  [Oct. 

deceased  forty-eiglit  pounds  seventeen  shillings  and  six  pence 
one  half  penny  lawful  money;  praying  for  liberty  to  make 
sale  of  so  much  of  the  real  estate  of  the  said  deceased  as  will 
pay  said  debt  &c. :  Resolved  by  this  Assembly,  that  William 
Pitkin  jun"",  Esq"",  be  appointed  and  he  is  hereby  appointed,  to 
make  sale  of  so  much  of  the  real  estate  of  the  said  David 
Forbs,  deceased,  as  will  procure  the  sum  of  £48  17s.  6hd. 
lawful  money  with  charges  arising  on  the  sale  thereof ;  taking 
the  advice  of  the  court  of  probates  in  the  district  of  Hartford 
thereon. 

Upon  the  memorial  of  Stephen  Curtis  and  others,  listers  in 
and  for  the  town  of  Woodbury,  shewing  to  this  Assembly 
that  they  as  listers  the  year  past  assessed  several  persons 
fourfold  for  part  of  their  estate  left  out  of  their  list,  viz: 
John  Hurd,  Obadiah  Wheeler,  Nathan  Curtis  and  Samuel 
Castle,  and  application  being  made  by  them  to  the  authority 
and  selectmen  for  abatement  but  could  not  obtain  any,  and 
making  application  to  other  authority  whereby  said  assess- 
ment was  abated,  and  praying  such  assessment  may  not  be 
abated  to  the  said  persons,  the  doings  of  said  authority  not- 
withstanding; as  per  memorial  on  file,  dated  May  12tli  1757: 
Resolved  by  this  Assembly,  that  the  assessment  laid  on  said 
John  Hurd,  Obadiah  Wheeler,  Nathan  Curtis  and  Samuel 
Castle  shall  stand  in  force  to  all  intents,  notwithstanding  the 
doings  of  the  authority  therein  complained  of ;  which  doings 
are  by  this  Assembly  declared  null  and  void. 

Upon  the  memorial  of  James  Smedly  of  Fairfield,  adminis- 
trator on  the  estate  of  Ebenezer  Dimon  late  of  said  Fairfield, 
deceased,  shewing  to  this  Assembly  that  the  debts  due  from 
the  estate  of  said  deceased  surmount  the  moveable  estate  the 
sum  of  <£31  13s.  llc^.  and  praying  that  some  meet  person 
be  appointed  and  impowered  to  sell  so  much  of  the  real  estate 
of  said  deceased  as  will  satisfy  said  sum  with  the  charges 
arising  on  such  sale :  Resolved  by  this  Assembly,  that  the 
said  James  Smedly  be  impowered,  and  he  is  hereby  impow- 
ered, to  sell  so  much  of  the  real  estate  of  the  said  Ebenezer 
Dimon,  deceased,  as  shall  make  the  aforesaid  sum  of  £31 13s. 
lie?,  with  the  incident  charges  arising  on  such  sale ;  taking 
the  direction  of  the  court  of  probate  in  the  district  of  Fair- 
field therein. 

On  the  memorial  of  William  Tanner  of  Cornwall,  shewing 
to  this  Assembly  that  he  had  built  a  commodious  bridge  over 
Ousatunick  River  between  Sharon  and  Cornwall,  near  Abra- 
ham Jacksons,  on  private  subscriptions,  which  failed  to  his 
great  detriment ;  praying  for  relief,  as  per  his  memorial  on 


1757.]  OF    CONNECTICUT.  89 

file :  Resolved  by  this  Assembly,  that  said  bridge  be  a  toll- 
bridge,  and  that  said  William  Tanner,  his  heirs  or  assigns,  be 
[60]  allowed  to  demand  and  receive  for  toll  according  ||  to 
the  following  rate,  viz:  man,  horse  and  load,  2cl;  for  a  foot- 
man Id. ;  each  horse  or  neat  cattle  Id.  per  head  ;  for  sheep, 
hog  or  goat,  one  farthing  per  head  ;  for  each  waggon  or  ox- 
team  and  cart  four  pence  ;  during  the  pleasure  of  this  Assem- 
bly ;  and  that  all  persons  by  law  exempted  from  paying  ferri- 
age are  hereby  exempted  from  said  toll  accordingly ;  and 
that  all  persons  who  made  and  paid  their  subscriptions  for 
that  purpose  shall  be  and  hereby  are  discharged  from  pay- 
ing said  toll. 

On  the  petition  of  Joseph  Phelps  junf,  of  Hebron  in  the 
county  of  Hartford,  vs.  Isaac  Sawyer,  of  Hebron  in  the 
county  aforesaid,  as  on  file :  The  question  was  put,  whether 
the  pleas  oifered  by  the  respondent  in  abatement  of  said  peti- 
tion are  sufficient  to  abate  the  same  :  Resolved  by  this  Assem- 
bly in  the  affirmative. 

On  the  petition  of  Thomas  Elmore  and  Joseph  Rockwell, 
both  of  Windsor  in  the  county  of  Hartford,  vs.  John  Bannis- 
ter, of  Newport  in  the  Colony  of  Rhode  Island,  as  on  file : 
The  question  was  put,  whether  the  prayer  of  said  petition 
should  be  granted :  Resolved  by  this  Assembly  in  the  nega- 
tive. Cost  alloived  respondent  is  XI  lis.  9d.  lawful  money. 
Ex.  granted  Feb.  16,  1758. 

On  the  petition  of  Andrew  McKenzie,  of  New  London  in 
the  county  of  New  London,  vs.  Philip  Brown  and  Thomas 
Brown,  both  of  the  City  of  London  in  Great  Britain,  mer- 
chants in  company,  as  on  file  :  The  question  was  put,  whether 
that  in  rendering  the  judgment  of  the  superior  court  referred 
to  in  said  petition  manifest  error  hath  intervened  as  is  al- 
ledged  and  complained  of  by  the  petitioner :  Resolved  by  this 
Assembly  in  the  negative. 

Ordered  hy  this  Assembly,  That  the  Treasurer  attend  this 
Assembly  on  Wednesday  the  2d  day  of  instant  November, 
provided  he  can  procure  a  sufficiency  of  bills  for  the  payment 
of  the  charge  of  this  Assembly. 

This  Assembly  grants  to  his  Honour  the  Governor,  for  his 
salary  for  the  last  half  of  the  current  year,  the  sum  of  sixty- 
six  pounds,  and  the  Treasurer  is  hereby  ordered  to  pay  the 
same  accordingly. 

This  Assembly  grants  to  his  Honour  the  Deputy  Governour, 
for  his  salary  for  the  last  half  of  the  current  year,  the  sum  of 
12 


90  PUBLIC  RECORDS  [March, 

thirty-three  pounds,  and  the  Treasurer  is  hereby  ordered  to 
pay  the  same  accordingly. 

This  Assembly  grants  to  his  Honour  the  Governour  the 
sum  of  thirty  pounds,  for  his  extraordinary  service  since  May 
last,  and  the  Treasurer  is  hereby  ordered  to  pay  the  same 
accordingly. 

Ordered  hy  this  Assembly,  That  the  Treasurer  pay  unto 
Mr.  John  Green,  printer,  the  sum  of  twenty  pounds  nine 
shillings,  for  his  first  half  years  salary  and  to  balance  his 
account  for  a  large  book  for  records  and  printing  eighty 
copies  of  an  Act  of  Parliament.* 

This  Assembly  appoints  John  Chester,  Thomas  Wells,  Roger 
Wolcott  jun"",  and  Daniel  Edwards,  Esqi^^^  and  Capt.  Nathan- 
iel Hooker  and  Col.  Joseph  Pitkin,  to  attend  his  Honour  the 
Deputy  Governor  to  hear  the  record  of  the  acts  and  doings  of 
this  Assembly  read  off  and  see  them  signed  by  the  Secretary 
as  perfect  and  compleat. 

George   Wyllys  Secret'y. 


[61]  Anno  Regni  Regis  Georgii  secundi  trigesimo-primo . 

At  a  General  Assembly  of  the  Governor  and  Company  of 
HIS  Majesty's  English  Colony  of  Connecticut  in  New 
England  in  America  holden  at  New  Haven  (by  special 

ORDER  OF  the  GOVERNOR  OF  SAID  CoLONY)  ON  WEDNESDAY 

THE  8th  day  op  March  and  continued  by  several  ad- 
journments till  the  24th  day  of  the  same  month, 
Annoque  Domini,  1758. 

Present : 
The  Honourable  Thomas  Pitch,  Esquire,  Governor. 
Roger  Newton,  John  Chester,  ^ 

Ebenezer  Silliman,         Thomas  Wells,  1    ^ 

Jonathan  Trumble,        Beniamin  Hall,  >       {^   •'  ,     , 

TT      1  .  1   TT      , .      f        -Di  •  T  f      Assistants. 

Hezekiah  Huntington,  Phmeas  Lyman, 

Andrew  Burr,  Jonathan  Huntington,  J 

*30th  Geo.  ii,  Cap.  ix.  An  Act  to  prohibit  for  a  limited  Time  the  Exporta- 
tion of  Corn,  Grain,  Meal,  Malt,  Flour,  Bread,  Bifcuit.  Starch,  Beef,  Pork, 
Bacon,  and  other  Victual  ("except  Fish  and  1-Joots  and  Kice,  to  be  exported  to 
aiiy  Part  of  Europe  Southwartl  of  Cape  Finisterre)  from  his  Majesty's  Colonies 
and  Plantations  in  America,  unless  to  Great  Britain  or  Ireland,  or  to  some  of  the 
said  Colonies  and  Plantations ;  and  to  permit  the  Importation  of  Corn  and  Flour 
into  Great  Britain  and  Ireland  in  Neutral  8hips  ;  an<l  to  allow  the  Exportntion 
of  W^heat,  Barley,  Oats,  Meal  and  Flour,  from  Great  Britain  to  the  Isle  of  Man, 
for  the  Use  of  the  Inhabitants  there,     fo.  pji.  7. 

Besides  the  above,  John  Green  also  printed  for  the  Colony  the  election  ser- 
mon of  1757,  and  tiie  acts  of  May  session  1757.  The  acts  of  Oct.  1757  and  May 
1758  were  not  printed. 


1758.]  OP    CONNECTICUT.  91 

Representatives  or  Deputies   of  the  several   Toivns   hereafter 
mentioned  who  attended  this  Assembly^  viz  : 

Capt.  Nathaniel  Hooker,  Col.  Joseph  Pitkin,  for  Hartford. 

Capt.  Isaac  Dickerman,  Major  John  Hubbard,  for  New  Haven. 

Col.  Stephen  Lee,  Mr.  Joshua  Raymond  jun'',for  New  London. 

Mr.  David  Rowland,  Mr.  Lothi-op  Lewis,  for  Fairfield. 

Capt.  Jonathan  Reed,  Capt.  Samuel  Murdock,  for  Windham. 

Capt.  Elisha  Sheldon,  Col.  Ebenezer  Mash,  for  Litchfield. 

Capt.  Jabez  Huntington,  Capt.  John  Perkins,  for  Norwich. 

Col.  Shubael  Conant,  Mr.  William  Hall,  for  Mansfield. 

Capt.  Jedidiah  Chapman,  for  Saybrook. 

Col.  David  Whitney,  Mr.  James  Beebe,  for  Canaan. 

Mr.  Samuel  Kimberly,  for  G-lassenbury. 

Mr.  Daniel  Brainard,  for  East  Haddam. 

Capt.  Abraham  Brooks,  for  Haddam. 

Col.  Timothy  Stone,  for  Guilford. 

Major  Samuel  Coit,  for  Preston. 

Capt.  Samuel  Ely,  Capt.  Matthew  Marvin,  for  Lyme. 

Mr.  Daniel  Booth,  Mr.  John  Glover,  for  Newtown. 

Mr.  John  Clap,  for  Greenwich. 

Mr.  Ebenezer  Wright,  for  Weathersfield. 

Capt.  Obadiah  Johnson,  Capt.  Jabez  Pitch,  for  Canterbury. 

Capt.  Joseph  Phelps,  Mr.  Alexander  Phelps,  for  Hebron. 

Mr.   Samuel  Prentice,  Capt.  Amos  Cheesbrough,  for  Ston- 
ingtown. 

Col.  Elihu  Chauncey,  for  Durham. 

Capt.  Joshua  West,  Mr.  William  Williams,  for  Lebanon. 

Capt.  Elnathan  Stephens,  Mr.  Benjamin  Gale,  for  Killings- 
worth. 

Capt.  Abijah  Catling,  for  Harwington. 

Mr.  John  Strong,  Capt.  William  Wadsworth,  for  Farming- 
town. 

Mr.  Ephraim  Strong,  Mr.  Robert  Treat,  for  Milford. 

Capt.  Nathaniel  Harrison,  Mr.  Ithiel  Russel,  for  Branford. 

Col.  Christopher  Avery,  Capt.  Moses  Fish,  for  Groton. 

Capt.  Ezekiel  Pierce,  Capt.  Isaac  Coit,  for  Plainfield. 

Mr.  John  Gordon,  Capt.  Daniel  Fish,  for  Voluntown. 

[62]  Mr.  Jabez  Swift,  for  Kent. 

Col.  Thomas  Chandler,  for  Woodstock. 

for  Windsor. 

Mr.  David  Orcutt,  Mr.  Joshua  Converse,  for  Stafford. 

Capt.  Benjamin  Ruggles,  Mr.  John  Comstock,  for  New  Mil- 
ford. 

Col.  Jonathan  Hoit,  for  Stanford. 

Mr.  Comfort  Starr,  for  Danbury. 

Mr.  Zebulon  West,  for  Tolland. 


92  PUBLIC   RECORDS  [March, 

Capt,  Benjamin  Talcott,  Mr.  David  Strong,  for  Bolton. 

Mr.  Samuel  Nash,  for  Goshen. 

Mr.  Jonathan  Kilborn,  Capt.  Elijah   Worthington,  for  Col- 
chester. 

Mr.  Ebenezer  Williams,  Mr.  Jonathan  Dresser,  for  Pomfret. 

Mr.  James  Fitch,  Mr.  Joseph  Piatt,  for  Norwalk. 

Mr.  Thomas  Matthews,  Mr.  Gideon  Hotchkiss,  for  Waterbury. 

Mr.  Elijah  Hawley,  for  Pidgfield. 

Capt.  John  Williams,  Mr.  Josiah  Strong,  for  Sharon. 

Capt.  Ephraim  Terry,  Mr.  Edward  Collins,  for  Enfield. 

Capt.  Samuel  Basset,  for  Derby. 

Major  Elihu  Hall,  Mr.  Cornelius  Brooks,  for  Wallingford. 

Mr.  Jacob  Dresser,  Mr.  Boaz  Sterns,  for  Killingsly. 

Mr.  Phineas  Strong,  for  Coventry. 

Mr.  Daniel  Sherman,  Major  Benjamin  Hinman,  for  Wood- 
bury. 

Mr.  John  Everts,  Mr.  Josiah  Stoddard,  for  Salisbury. 

Mr.  Agiir  Tomlinson,  Capt.  Theophilus  Nichols,  for  Stratford. 

Capt.  John  Humphry,  Capt.  Jonathan  Pettibone,  for  Syms- 
bury. 

Mr.  Edward  Austin,  for  Suffield. 

Mr.  Jedidiah  Fay,  Capt.  Benjamin  Sumnor,  for  Ashford. 

Col.  Jabez  Hamlin,  Mr.  Seth  Wetmore,  for  Middleton. 

Mr.  Martin  Smith,  for  New  Hartford. 

Col.  Shubael  Conant,  Speaker    )  of  the  House  of  Repre- 
Capt.  Jabez  Huntington,  Clerk  )  sentatives. 

Whereas  his  Honour  the  Governor  hath  laid  before  this 
Assem})ly  a  letter  from  the  Bight  Honi^'p  William  Pitt,*  one 
of  his  Majesty's  principal  Secretaries  of  State,  dated  Decem- 
ber 30th  1757,  signifying  that  his  Majesty  having  nothing 
more  at  heart  than  to  repair  the  losses  and  disappointments 
of  the  last  inactive  and  unhappy  campaign,  and  by  tlie  most 
vigorous  and  extensive  efforts  to  avert,  by  the  blessing  of  God 
on  his  arms,  the  damages  impending  on  North  America,  and 
not  doubting  but  his  faithful  and  brave  subjects  here  will 
chearfuUy  cooperate  with  and  second  to  the  utmost  the  large 
[ti3]  expence  and  extraordinary  succours  ||  supplied  by  his 
Kingdom  for  our  preservation  and  defence ;  and  his  Majesty 
judging  that  this  Colony  together  with  the  Massachusets 
Bay,  New  Hampshire,  Rhode  Island,  New  York  and  New 
Jersey,  (who  are  more  immediately  obnoxious  to  the  main 
irrui)tions  of  the  enemy  from  Canada,  and  to  each  of  which 
similar  orders  are  sent,)  are  able  to  furnish  20000  men,  to 

*  Printed  in  Collections  of  the  Conn.  Historical  Society,  I,  329,  N.  York  Docu- 
ments, VII,  329. 


1758.]  OF    CONNECTICUT.  93 

I  joyn  a  body  of  the  King's  forces  for  invading  Canada  and 
carrying  the  war  into  the  heart  of  the  enemies  possessions  ; 
and  further  signifying,  that  it  is  his  Majesty's  pleasure  that 
i  with  all  possible  dispatch  as  large  a  body  of  men  be  raised  in 
■  this  Colony  as  the  number  of  its  inhabitants  will  allow,  to  be 
in  readiness  to  begin  the  operations  of  the  campaign  as  soon 
as  practicable ;  and  that  no  encouragement  may  be  wanting 
to  so  great  and  salutary  an  attempt,  that  strong  recommen- 
dations will  be  made  to  Parliament  to  grant  a  compensation 
for  the  expences  of  said  Provinces,  according  as  their  active 
vigour  and  strenuous  efforts  shall  justly  appear  to  merit: 
Therefore,  notwithstanding  this  Colony  (when  acting  with 
the  Provinces  aforesaid  in  three  several  expeditions  under- 
taken the  three  preceeding  years  against  Crown  Point  raised  a 
much  greater  number  of  men  than  their  just  proportion  com- 
pared with  what  said  Provinces  then  raised,  by  means  whereof 
the  number  of  men  in  this  Colony  is  greatly  diminished  and 
our  strength  much  exhausted,  yet  that  nothing  may  be  wanting 
on  the  part  of  this  Colony  to  promote  the  great  and  good  de- 
sign proposed  by  his  Majesty,  and  relying  on  his  royal  encour- 
agement, 

It  is  resolved  hy  this  Assembly,  That  five  thousand  good 
and  effective  men,  including  officers,  be  raised,  and  they  are 
hereby  ordered  to  be  levied  and  raised  within  this  Colony  as 
soon  as  may  be,  for  the  service  aforesaid,  (tho'  said  Assembly 
is  sensible  that  it  is  really  more  than  the  number  of  men  in 
this  Colony  will  allow  of  without  great  difficulty,  and  much 
exceeds  this  Colony's  just  proportion  even  of  twenty-three 
thousand  men  when  joyned  with  the  aforementioned  Prov- 
inces. 

And  it  is  further  resolved,  That  the  five  thousand  men 
[Ordered  to  be  raised  as  aforesaid  be  formed  into  four  regi- 
rments  consisting  of  twelve  companies  each,  and  there  shall 
be  a  colonel,  lieutenant-colonel  and  major,  a  chaplain,  an 
adjutant,  a  quarter-master  and  a  drum-major  in  each  regi- 
tment ;  and  that  the  colonel, lieutenant-colonel  and  major  of  each 
'regiment  shall  liave  each  of  them  the  command  of  a  company  as 
^captain  thereof  ;  and  that  a  captain  be  appointed  to  each  of  the 
)ther  companies ;  that  a  captain-lieutenant  and  one  lieutenant 
[and  ensign  be  appointed  for  each  colonel's  company,  and  two 
[lieutenants  and  an  ensign  for  each  of  the  other  companies ; 
Jthat  there  Ije  four  sergeants,  four  corporals,  a  clerk  and  two 
[drummers  to  each  company  aforesaid. 

Whereas  this  Assembly  hath  resolved  to  raise  the  number 
[of  five  thousand  men  as  soon  as  possible,  to  co-operate  with 


94  PUBLIC   RECORDS  [March, 

and  second  a  body  of  his  Majesty's  forces  &g.  in  carrying  the 
war  into  the  possessions  of  his  enemies  by  an  invasion  of 
Canada  by  the  way  of  Crown  Point,  for  the  preservation  and 
security  of  his  subjects  in  North  America,  and  to  encourage 
able-bodied  effective  men  voluntarily  to  inlist  into  the  service 
aforesaid  and  to  furnish  themselves  with  "cloathes  &c.  suitable 
therefor. 

Resolved  by  this  Assembly^  That  every  such  man  that  shall 
voluntarily  inlist  in  either  of  the  regiments  now  ordered  to 
[64]  be  raised  ||  and  that  shall  furnish  himself  with  suitable 
cloaths,  powder-horn  and  shot-bag,  to  the  acceptance  of  the 
muster-master,  shall  be  entituled  to  receive  four  pounds,  the 
one  half  thereof  at  the  time  of  inlistment  and  the  other  half 
together  with  one  months  pay,  a  blanket  and  knapsack,  before 
he  marches  out  of  this  Colony ;  and  that  each  man  inlisting 
as  aforesaid  and  shall  not  provide  himself  with  cloaths, 
powder-horn  and  shot  bag  suitable  for  the  service,  to  the 
acceptance  of  the  muster-master  as  aforesaid,  shall  be  sup- 
plied with  the  same  by  his  captain  out  of  the  aforesaid  bounty, 
and  the  remainder  thereof,  if  any  be,  shall  be  paid  him. 

And  also,  for  the  encouragement  of  both  officers  and  soldiers 
to  engage  in  said  service,  it  is  further  resolved,  That  the  pay 
of  the  officers  and  soldiers  raised  in  this  Colony  and  em- 
ployed in  the   service   aforesaid  shall   be  as  followeth  per 
month,  accounting  28  days  to  a  month,  viz  : 
To  a  colonel  of  a  regiment  and  as  captain  of  a 
company,    ------- 

To  a  lieutenant-colonel  of  do.  and  as  do.     - 
To  a  major  of  do.  and  as  do.       - 
To  a  captain  of  a  company,         -        -        _        - 
To  a  captain-lieutenant  of  do.     -        -        -        - 

To  a  lieutenant  of  do.         -        -        -        -       '  - 

To  an  ensign  of  do.    - 

To  a  chaplain  of  a  regiment,       -        _        -        - 

To  a  sergeant, 

To  a  corporal, 

To  a  clerk, 

To  one  drum-major  for  a  regiment,     -        -        - 

To  a  drummer, 

To  a  surgeon, 

To  a  surgeon's  mate,  _        .        .         -        . 

To  a  private  soldier,  ....         - 

To  a  quarter-master, 

To  an  adjutant, 

This  Assembly  grants  to  each  of  the  colonels  of  the  regi- 


£15     0 

0 

10  15 

0 

9     1 

4 

6     0 

0 

6     0 

0 

4     0 

0 

3  10 

0 

10     0 

0 

2     0 

0 

1  18 

0 

2     0 

0 

2     0 

0 

1  18 

0 

8     0 

0 

4     0 

0 

1  16 

0 

3     5 

0 

2     8 

0 

1758.]  OF    CONNECTICUT.  95 

ments  proposed  to  be  raised  in  this  Colony  for  the  next  cam- 
paign the  sum  of  forty-five  pounds,  to  furnish  his  tent  and 
table  and  for  the  decent  reception  and  suitable  support  of  the 
chaplain  of  the  regiment. 

This  Assembly  grants  to  each  of  the  lieutenant-colonels  of 
said  regiments  proposed  to  be  raised  the  sum  of  eighteen 
pounds  for  his  tent,  the  support  of  his  table  and  other  nec- 
essaries. 

This  Assembly  grants  to  each  of  the  majors  of  said  regi- 
ments proposed  to  be  raised  the  sum  of  twelve  pounds,  for  his 
tent,  the  support  of  his  table  and  other  necessaries. 

This  Assembly  do  nominate  Phineas  Lyman,  Esq"",  Major 
General  of  the  forces  now  ordered  to  be  raised  in  this  Colony, 
and  desire  his  Honour  the  Governor  to  commission  him  ac- 
cordingly. 

This  Assembly  do  nominate  and  appoint  Pliineas  Lyman, 
Esq"",  to  be  Colonel  of  the  1st  regiment  and  Captain  of  the 
first  company  in  said  regiment ;  Elihu  Kent  Captain-Lieu- 
tenant, John  Chick  Lieutenant,  Setli  King  Ensign,  of  the  1st 
company. 

[65]  Nathan  Payson,  Esq"",  Lieutenant-Colonel  of  the  1st 
regiment  and  Captain  of  the  2d  company ;  Samuel  Wells 
jun"",  1st  Lieutenant,  Ebenezer  Wells  2d  Lieutenant,  Joseph 
Wadsworth  junr  Ensign,  of  the  2d  company.* 

William  Pitkin  jun"".  Esq'',  Major  of  the  1st  regiment f  and 
Captain  of  the  3d  company;  David  Parsons  1st  Lieutenant, 
Joel  Catling  2d  Lieutenant,  Nathaniel  Terry  Ensign,  of  the 
3d  company. 

Eliphalet  Whittlesey  Captain,  David  Hubbard  jun"",  1st 
Lieutenant,  Oliver  Pomroy  2d  Lieutenant,  Josiah  Wright, 
Ensign,  of  the  4th  company. 

Andrew  Ward  jun"",  Captain,  Thomas  Pierce  1st  Lieutenant, 
Samuel  Bartlet  2d  Lieutenant,  Reuben  Chapman  Ensign,  of 
the  5th  company. 

Samuel  Gaylord  Captain,  John  Sumner  1st  Lieutenant, 
Gideon  Goodrich  2d  Lieutenant,  Francis  Hollister  Ensign,  of 
the  6th  company. 

Timothy  Hierlchey  Captain,  Samuel  Russel  1st  Lieutenant, 
Christopher  Hamlin  2d  Lieutenant,  Joseph  Green  Ensign,  of 
the  7th  company. 

*  From  a  muster-roll  of  Lt.  Col.  Payson's,  company  July  30,  1758,  entered  in 
his  Orderly  Book  in  the  editor's  possession,  it  appears  that  his  snbalterna  were, 
Caleb  Sheldon  1st  Lt.,  John  Seymour  2d  Lt.  and  John  Thacher  Ensign. 

t  Josiah  Griswold  served  as  Major  and  captain  of  this  company.  IVai; 
viii,  16. 


93  PUBLIC   RECORDS  [March, 

Judali  Holcomb  Captain,*  Noah  Humphry  1st  Lieutenant, 
Nathaniel  Griffin  2d  Lieutenant,  Jonathan  Case  jun"",  Ensign, 
of  the  8th  company. 

Gideon  Wolcott  Captain,  Jonathan  Gillet  1st  Lieutenant, 
Daniel  Bissell  jun""  2d  Lieutenant,  John  Elsworth  jun""  Ensign, 
of  the  9th  company. 

Joshua  Woodroff  Captain,!  Jndah  Woodroff  1st  Lieuten- 
ant. John  Edgcomb  2d  Lieutenant,  Shubael  Griswold  Ensign, 
of  the  10th  company. 

Isaac  Turner  Captain,  Peleg  Redfield  1st  Lieutenant,  Sam- 
uel Rose  2d  Lieutenant,  George  Nettleton  Ensign,  of  the  11th 
company. 

Samuel  Chapman  Captain,  Matthew  Loomis  1st  Lieutenant, 
George  Cooley  2d  Lieutenant,  Solomon  Wills  Ensign,  of  the 
12th  company.  I 
\^QQ^  And  in  the  Second  Regiment^ 

Nathan  Whiting,  Esq"",  Colonel  of  said  regiment  and  Cajv 
tain  of  the  first  company  in  the  2d  regiment ;  Jabez  Thomp- 
son Captain-Lieutenant,  Samuel  Hawkins  2d  Lieutenant,  Joel 
Holcomb  Ensign,  of  the  1st  company  in  the  said  regiment. 

Samuel  Coit,  Esq"",  Lieutenant-Colonel  and  Captain  of  the 
2d  company  in  said  regiment ;  William  Billings  1st  Lieuten- 
ant, Oliver  Coit  2d  Lieutenant,  Moses  Park  Ensign,  of  the  2d 
company. 

Joseph  Spencer,  Esq"",  Major  and  Captain  of  the  3d  com- 
pany in  said  regiment ;  John  Piercival  1st  Lieutenant,  Israel 
Harding  2d  Lieutenant,  Ephraim  Fuller  Ensign,  of  the  3d 
company. 

David  Baldwin  Captain,  Samuel  Clark  1st  Lieutenant, 
Abraham  Foot  2d  Lieutenant,  Peter  Wooster  Ensign,  of  the 
4tli  company. 

Edmond  Wells  Captain,  Amos  Stiles  1st  Lieutenant,  Sam- 
uel Jones  2d  Lieutenant,  Abraham  Tyler  junr  Ensign,  of  the 
5th  company. 

Amos  Hitchcock  Captain,  Amos  Sherman  1st  Lieutenant, 
Elisha  Williams  2d  Lieutenant,  Dan  Ives  Ensign,  of  the  6th 
company. 

Eldad  Lewis  Captain,  Joel  Clark  1st  Lieutenant,  Gideon 

*Natlianiel  Holcomb  was  captain  of  this  company.     War,  viii  6. 

t  John  Stoughton  was  captjiin  of  this  company  from  Aug.  22,  before  which 
time  he  was  Brigade  Miijor.      War,  viii,  180. 

X  Titu.s  Olcott  served  as  lieutenant  in  this  company,  perhaps  in  place  of  Mat- 
thew Loomi.s.     War,  viii,  88. 

Aaron  I'helps  was  Adjntnnt  of  this  regiment,  Timothy  Phelps  Quarter-Mas- 
ter till  Aug.  22  and  John  Ellsworth  from  Aug.  23 ;  Ebenczer  Belknap  was 
Sergeant  Major  and  Abner  Granger  Quarter-Master  Sergeant.  War,  viii,  63, 
85,  91,  104. 

Josiah  Lee  served  as  captain  of  a  company — probably  in  this  regiment.  War, 
viii.  12. 


1758,]  OF    CONNECTICUT.  97 

Hotchkiss  2d  Lieutenant,  Daniel  Potter  Ensign,  of  the  7th 
company. 

John  Stanton  Captain,  John  Heath  1st  Lieutenant,  Robert 
Niles  2d  Lieutenant,  Charles  Avery  Ensign,  of  the  8th  com- 
pany. 

James  Wadsworth  jun^  Captain,  Amos  Camp  1st  Lieuten- 
ant, John  Barns  2d  Lieutenant,  Asahel  Hall  Ensign,  of  the 
9th  company. 

Ephraim  Cook  Captain,  Benjamin  Hine  1st  Lieutenant,  Ben- 
jamin Royce  2d  Lieutenant,  Edward  Rogers  Ensign,  of  the 
10th  company. 

Joshua  Barker  Captain,  Azel  Fitch  1st  Lieutenant,  Eben- 
ezer  Case  2d  Lieutenant,  Jonathan  Edgerton  Ensign,  of  the 
11th  company. 

[67]  Henry  Champion  Captain,  Josiah  Gates  jun""  1st  Lieu- 
tenant, David  Woodward  2d  Lieutenant,  Lewis  Wells  Ensign, 
of  the  12th  company.* 

Eliphalet  Dyer,  Esq"",  Colonel  of  the  3d  regiment  and  Cap- 
tain of  the  1st  company  in  said  regiment ;  f  Elijah  Simons 
Captain-Lieutenant,  Robert  Durkee  Lieutenant,  John  Phelps 
Ensign,  of  the  1st  company. 

Benjamin  Hinman,  Esq^  Lieutenant-Colonel  of  the  3d 
regiment  and  Captain  of  the  2d  company ;  Tarbal  Whitney 
1st  Lieutenant,  Hezekiah  Baldwin  2d  Lieutenant,  Isaac  Peck 
Ensign,  of  the  2d  company. 

Israel  Putnam,  Esq"",  Major  of  the  3d  regiment  and  Captain 
of  the  3d  company ;  Aaron  Cleveland  1st  Lieutenant,  Joseph 
Payne  2d  Lieutenant,  Peter  Levinze  Ensign,  of  the  3d  com- 
pany. 

Zacheus  Wheeler  Captain,  Nicholas  Bishop  1st  Lieutenant, 
John  Harris  2d  Lieutenant,  Andrew  Dennison  Ensign,  of  the 
4th  company. 

Jonathan  Latimore  jun^  Captain,  Jabez  Howland  1st  Lieu- 
tenant, J  Eleazer  Bishop  2d  Lieutenant,  Benjamin  Creary 
Ensign,  of  the  5th  company. 

David  Holmes  Captain,  Samuel  Learned  1st  Lieutenant, 
Hezekiah  Smith  2d  Lieutenant,  John  Robins  Ensign,  §  of 
the  6th  company. 

*Joel  Clark  was  Adjutant  and  Azel  Fitch  Quarter-Master  of  this  regiment. 
War,  viii,  82,  123. 

t  He  (lec'ineil  and  Eleaze.r  Fitch  was  appointed,  who  had  been  nominated 
for  this  position  by  the  Upper  House.      War,  vii,  160,  viii,  20. 

J  Killed  at  Ticondero,i,'a  July  8th,  1758.     N.  Y.  Col.  Docs,  x,  732. 

§  VVonnded  in  the  skirmish  near  Ticonderoga  July  6ih,  and  died  at  Albany 
on  the  17th,  according  to  the  journal  of  Lemuel  Lyon,  a  private  in  this  com- 
pany. Military  Journals  of  two  Private  Soldiers,  1758-1775.  Poughkeepsie, 
1855. 

1  o 


98  PUPLic   EECOEDS  [March, 

Benjamin  Lee  Captain,  John  Kagwine  1st  Lieutenant,  Sam- 
uel Fairbank  2d  Lieutenant,  Benedict  Sateiiey  Ensign,  of  the 
7th  company. 

Charles  Whiting  Captain,  John  Wheatley  1st  Lieutenant, 
Robert  Kinsman  2d  Lieutenant,  Thomas  Leffingwell  Ensign, 
of  the  8th  company. 

John  Durke  Captain,  Eleazer  Tracey  1st  Lieutenant,  Joseph 
Bingham  2d  Ijieutenant,  Daniel  Hide  junr  Ensign,  of  the  9th 
company. 

Jedidiah  Fay  Captain,  Samuel  Davis  1st  Lieutenant,  Na- 
thaniel Fenton  2d  Lieutenant,  Josiah  Smith  Ensign,  of  the 
loth  company. 

[68]  Timothy  Mather  Captain,  Richard  Hays  1st  Lieuten- 
ant, Joseph  Ely  2d  Lieutenant,  Zebulon  Butler  Ensign,  of  the 
11th  company.* 

John  Denison  2d  Captain,  William  Roe  Minor  1st  Lieuten- 
ant, Ebenezer  Prentice  2d  Lieutenant,  Elias  Avery  Ensign,  of 
the  12th  company. 

John  Read,  Esq"",  Colonel  of  the  4th  regiment  and  Captain 
of  the  1st  company  in  said  regiment ;  f  Joseph  Hoit  Cap- 
tain-Lieutenant, Ezra  Stephens  2d  Lieutenant,  Noble  Benedict 
Ensign,  of  the  1st  company. 

James  Smedley,  Esq"",  Lieutenant-Colonel  of  the  4th  regi- 
ment and  Captain  of  the  2d  company ;  |  Reuben  Ferris  1st 
Lieutenant,  John  Burr  3d  2d  Lieutenant,  Ebenezer  Couch  jun"" 
Ensign,  of  the  2d  company. 

John  Slapp,  Esq"",  Major  and  Captain  of  the  3d  company  in 
said  regiment ;  Joseph  Parker  1st  Lieutenant,  James  Hall  2d 
Lieutenant,  Ebenezer  Root  jun""  Ensign,  of  the  od  company. 

David  Waterbury  Captain,  James  Hard  jun""  1st  Lieutenant, 
Timothy  Lockwood  2d  Lieutenant,  David  Maltbie  Ensign,§  of 
the  4th  company. 

Thomas  Hobby  Captain,  Josiah  Walker  1st  Lieutenant, 
Stephen  Olmsted  2d  Lieutenant,  James  Mead  Ensign,  of  the 
5th  company. 

Gideon  Tomlinson  Captain,  Abel  Prindle  1st  Lieutenant, 
Abraham  Brinsmead  2d  Lieutenant,  Joseph  Mead  Ensign,  of 
the  6th  company. 

Samuel  Hubbel  Captain,  John  Benedict  jun""  1st  Lieutenant, 

*  Wells  Ely  served  as  Ensigjn  in  this  company.      War,  viii,  80. 

t  He  declined  and  David  Wooster,  who  had  been  nominated  by  the  Lower 
House  as  colonel  of  the  3(1  regiment,  served  in  his  place.      War,  vii,  1 60,  viii,  41. 

Kenben  Ferris  was  Adjutant  and  Matthew  Mead  Quarter-Master  of  this  regi- 
ment.      \V<ir,  viii,  8!,  87 

t  Wounded  at  Ticoiideruga,  July  8th.     N.   Y.  Col    Docs.,  x.  732. 

§  Probably  Nathan  Ferris  served  as  Ensign  of  this  company.      War,  viii,  106. 


1758.]  OF    CONNECTICUT.  99 

Jedidiah  Hull  2d  Lieutenant,  Solomon  Morehouse  Ensign,  of 
the  7th  company. 

Isaac  Isaacs  Captain,  Thaddeus  Mead  1st  Lieutenant, 
Josiah  Stebbins  2d  Lieutenant,  William  Seymour  Ensign,  of 
the  8th  company. 

Samuel  Elmor  Captain,  Jethro  Hatch  1st  Lieutenant,* 
Nathaniel  Tuthill  2d  Lieutenant,  Levi  Crocker  Ensign,  of  the 
9th  company. 

Archibald  McNeal  Captain,  Stephen  Lee  1st  Lieutenant, 
David  Hamilton  2d  Lieutenant,  Josiah  Smith  Ensign,f  of  the 
10th  company. 

[GO]  Joseph  Canfield  Captain,  Phineas  Castle  1st  Lieuten- 
ant, Elnathan  Ashman  2d  Lieutenant,  Nathan  Tibbalds  En- 
sign, of  the  11th  company. 

Gideon  Hurlburt  Captain,  J  Nathaniel  Everts  1st  Lieuten- 
ant, Ebenezer  Seeley  2d  Lieutenant,  Zebulon  Gibbs  Ensign,  of 
the  12th  company. 

In  the  forces  now  ordered  to  be  raised  for  the  service  of 
the  ensuing  campaign,  and  desire  they  may  be  commissioned 
accordingly. .  And  in  case  any  of  the  above  named  persons 
shall  refuse,  his  Honour  the  Governour  is  hereby  desired  to 
supply  such  vacancy  and  give  commissions  accordingly. 

Resolved  hy  this  Assembly/,  That  each  inlisting  officer  that 
shall  have  orders  from  his  Honour  the  Governor  to  enlist  sol- 
diers for  the  next  campaign  pursuant  to  orders  from  this 
Assemljly  shall  be  allowed  three  shillings  for  each  soldier  he 
shall  so  inlist. 

This  Assembly  appoints  the  Rev^  Mr.  George  Beckwith  of 
Lyme  to  be  Chaplain  to  the  first  regiment  and  the  Rev'  Mr. 
Joseph  Fish  of  Stonington  to  be  Chaplain  to  the  second  regi- 
ment, §  and  the  Revi  Mr.  Benjamin  Pomroy  of  Hebron  to  be  a 
Chaplain  to  the  third  regiment,  and  the  Rev^  Mr.  Jonathan 
Ingersole  to  be  Chaplain  to  the  fourth  regiment  to  be  raised  in 
this  Colony  for  the  present  expedition  designed  against  the 
French  in  Canada. 

Resolved  hy  this  Assembly,  That  the  chief  colonel,  or  in 
his  alisence  or  being  otherwise  improved  for  the  ensuing  cam- 
paign the  next  chief  officer,  of  each  of  the  regiments  of  militia 
within  this  Colony  be  and  they  are  hereby  appointed  Muster- 
Masters  within  their  respective  regiments,  to  view  and  muster 

*  Heman  Swift,  served  as  1st  Lieuteuant  of  this  company.  War,  viii,  106. 
His  commission  is  printed  in  Gold's  History  of  Cornionll,  p.  214, 

t  Benjamin  Colver  served  as  Knsiyfn.      War,  viii,  84. 

t  Natlianie]  Everts  commanded  tliis  company  as  Captain.      War,  viii,    17. 

§  Rev.  Edward  Eells,  of  Middletown,  served  as  chaplain  to  this  regiment. 
War,  viii,  78. 


100  PUBLIC  RECORDS  [March, 

the  soldiers  levied  and  raised  in  this  government  for  the  ser- 
vice of  the  next  campaign.  And  they  are  hereby  required 
carefully  to  inspect  all  such  soldiers  as  shall  be  inlisted  and 
raised  for  said  purpose,  and  make  up  a  compleat  muster-roll 
of  all  such  soldiers  as  they  shall  judge  fit  for  said  service,  and 
give  to  the  captain  of  such  company  to  which  such  soldiers 
belong  a  duplicate  of  such  muster-roll  and  transmit  a  copy  of 
the  same  to  the  Committee  of  the  Pay-Table ;  and  that  said 
chief  officer  be  allowed  a  reasonable  reward  for  his  trouble  in 
doing  said  service. 

An  Act  for  the  Supply  of  the  Treasury  in  the  present  extraordinary 

Emerg-encies. 

Whereas  this  Assembly  in  its  present  session  hath  resolved 
and  ordered  that  the  number  of  five  thousand  men  shall  be 
levied  and  raised  as  soon  as  possible  in  this  Colony,  to  co- 
operate with  and  second  a  body  of  his  Majesty's  forces  <fec.  in 
carrying  the  war  into  the  possessions  of  his  enemies  by  an 
invasion  of  Canada  by  the  way  of  Crown  Point,  for  the  pres- 
ervation and  security  of  his  subjects  in  North  America,  and 
a  large  sum  being  thereupon  requisite  speedily  to  be  advanced 
and  provided  on  the  part  of  this  government  for  the  purpose 
aforesaid,  and  the  public  treasury  at  present  so  much  ex- 
hausted by  reason  of  the  great  charges  incurred  in  several 
unsuccessful  campaigns  and  by  the  fund  heretofore  laid  for 
the  sinking  and  discharging  one  of  the  late  emissions  of  bills 
of  credit  this  present  year,  that  the  inhabitants  of  the  Colony 
are  unable  timely  to  afford  a  supply  by  a  tax  adequate  to  the 
large  expence  that  will  necessarily  arise  on  this  important 
occasion :  Therefore, 

Be  it  enacted  hy  the  Governor,  Council  and  Representatives, 
in  General  Court  assembled,  and  hy  the  authority  of  the  same, 
That  there  be  forthwith  imprinted  the  sum  of  thirty  thousand 
pounds  in  bills  of  credit  on  this  government  equal  to  lawful 
[TO]  money,  of  ||  suitable  denominations  from  nine  pence  to 
forty  shillings  as  the  committee  herein  appointed  shall  direct, 
and  of  the  same  tenor  of  the  late  emissions  of  bills  of  credit 
of  this  Colony,  with  interest  at  five  per  cent,  per  annum,  and 
payable  at  or  before  the  first  day  of  May,  1762,  dated  the  day 
of  the  sessions  of  this  Assembly.  And  the  Hon'''e  William 
Pitkin,  Esq"",  John  Chester,  George  Wyllys  and  Joseph  Bucking- 
ham, Esq""*,  or  any  three  of  them,  are  appointed  a  committee 
for  the  purposes  aforesaid  and  to  take  care  that  the  said  bills 
be  printed  with  all  convenient  speed,  and  to  sign  and  deliver 
the  same  to  the  Treasurer,  taking  his  receipt  therefor.  And 
the  said  committee  shall  be  sworn  to  the  faithful  discharge  of 
their  trust.     And  the  Treasurer  shall  pay  out  said  bills  of 


1758.]  OF    CONNECTICUT.  101 

credit  with  the  interest  computed  thereon  according  to  the 
orders  of  this  Assembly. 

And  for  providing  and  establishing  an  ample  and  sufficient 
fund  to  call  in,  sink  and  discharge  the  bills  aforesaid,  accord- 
ing to  an  act  of  Parliament  made  in  the  24th  year  of  his 
present  Majesty's  reign,  entituled  An  act  to  regulate  and 
restrain  paper  bills  of  credit  in  his  Majesty's  Colonies  of 
Rhode  Island  and  Providence  Plantations,  Connecticut,  the 
Massachusets  Bay,  and  New  Hampshire,  in  America,  and  to 
prevent  the  same  being  legal  tenders  in  payment  of  money : 

Be  it  enacted  hy  the  authority  aforesaid,  That  a  tax  of  eight 
pence  on  the  pound  be  and  is  hereby  granted  and  ordered  to 
be  levied  on  all  the  polls  and  rateable  estate  in  this  Colony 
according  to  the  list  thereof  to  be  brought  in  to  this  Assembly 
in  October  1760  with  the  additions,  which  shall  be  collected 
and  paid  into  the  treasury  of  this  Colony  by  the  last  day  of 
December  1761,  which  tax  may  be  discharged  by  paying  the 
bills  emitted  by  this  act  or  lawful  money,  and  no  other  way 
whatsoever  ;  and  the  Treasurer  is  hereby  directed  and  ordered 
to  send  out  his  warrants  accordingly. 

And  whereas  a  humble  and  firm  reliance  is  had  by  this 
Assembly  on  a  reimbursement  of  the  charges  arising  from 
this  present  intended  expedition,  in  consequence  of  his 
Majesty's  encouragement  to  recommend  the  same  to  Parlia- 
ment, and  the  monies  for  that  purpose  are  expected  from 
Great  Britain  before  the  time  appointed  for  the  collecting  the 
tax  last  mentioned. 

Be  it  enacted  hy  the  authority  aforesaid,  That  the  monies 
that  shall  arrive  for  the  reimbursement  aforesaid,  or  so  much 
as  shall  be  necessary,  be  and  the  same  is  hereliy  ordered  to 
be  applied  for  the  sinking  and  discharging  the  bills  of  credit 
emitted  by  this  act ;  and  that  the  Treasurer  be  and  hereby  is 
directed  to  apply  such  money,  or  so  much  thereof  as  shall  be 
necessary,  for  and  towards  the  sinking  and  discharging  said 
bills  of  credit. 

And  he  it  further  enacted  hy  the  authority  aforesaid,  That 
in  case  a  sum  sufficient  for  the  sinking  and  discharging  the 
bills  emitted  by  this  act  shall  arrive  from  Great  Britain  and 
shall  be  lodged  in  the  hands  of  the  Treasurer  before  the  first 
day  of  October  1761,  then  the  tax  which  otherwise  by  this 
act  is  hereinbefore  ordered  to  go  forth  is  hereby  made  null 
and  void. 

And  whereas  a  further  supply  of  the  treasury  is  necessary 
to  be  made,  in  order  to  pay  the  men  raised  on  the  present 
occasion  upon  their  return :  Therefore,  this  Assembly  grants  and 
orders  a  rate  or  tax  of  nine  pence  on  the  pound  on  all  the  polls 


102  PUBLIC   RECORDS  [March, 

and  rateable  estate  in  this  Colony  according  to  the  list  brought 
[  71  ]  into  this  Assembly  in  October  last  with  the  additions,  1| 
to  be  collected  and  paid  by  the  last  day  of  December  next,  in 
like  manner  as  the  rate  or  tax  granted  in  October  last  was 
ordered  to  be  paid. 

And  whereas  a  smn  of  money  is  expected  from  Great 
Britain,  to  reimburse  this  Colony  for  the  provisions  furnished 
for  the  King's  troops  in  America  in  1756,  the  accounts  of 
which  are  already  transmitted,  and  the  money  may  be  ex- 
pected before  the  men  raised  as  aforesaid  return  from  the 
service  they  are  employed  in  :  Therefore, 

Be  it  enacted  hy  the  authority  aforesaid,  That  the  money 
which  may  arrive  from  Great  Britain  on  the  last^-mentioned 
account  be  and  the  same  is  hereby  ordered  to  be  applied  to 
defray  the  expences  of  the  present  intended  expedition,  and 
the  Treasurer  is  hereby  ordered  on  his  receipt  thereof  to  pay 
out  the  same  accordingly. 

And  whereas  the  said  money  may  fail  of  arriving  season- 
ably for  the  aforesaid  purposes,  in  which  case  other  provisions 
are  necessary :  Therefore, 

Be  it  further  enacted  hy  the  authority  aforesaid,  That 
Jonathan  Trumble,  John  Ledyard  and  David  Rowland,  Esq'"% 
be,  and  they  and  each  of  them  are  hereby  directed  and  ordered, 
in  the  best  manner  they  can,  to  borrow  a  sum  not  exceeding 
£25000  lawful  money  in  specie  or  bills  as  occasion  shall 
require,  and  the  several  and  respective  sums  so  borrowed 
by  them  and  each  of  them  they  are  directed  to  deliver  into 
the  hands  of  the  Treasurer,  taking  his  receipt  therefor  ;  and 
the  Treasurer  is  hereby  directed  to  use  and  improve  the  same 
for  the  aforesaid  purposes.  And  the  Treasurer  is  directed 
and  hereby  ordered  to  make  out  and  deliver  to  the  said  Jona- 
than Trumble,  John  Ledyard  and  David  Rowland,  or  to  any 
one  of  them,  notes  of  hand  for  the  security  of  the  payment  of 
the  sum  or  sums  borrowed  on  behalf  of  the  Governor  and 
Company  of  this  Colony  to  the  person  or  persons  of  whom 
the  same  is  received  and  borrowed,  none  of  which  notes  shall 
be  for  less  than  <£10,  and  all  payable  at  or  before  the  20th 
day  of  May  1761,  with  interest  annually  at  the  rate  of  six 
per  cent,  per  annum.  The  tenor  of  which  notes  shall  be  as 
followeth,  viz : 

Colouy  of  Connecticut. 

No. 

The     .     Day  of       .       .       .       1758 

Received  of the  Sum  of     . 

for  the  Use  and  Service  of  the  Governor  and  Company  of  the 
Colony  of  Connecticut,  and  in  Behalf  of  said  Colony,  I  do 


1758.]  OF    CONNECTICUT.  103 

hereby  promise  and  oblige  myself  and  Successors  in  the  Office 
of  Treasurer  to  I'epay  the  said  ....  or  Order  the 
20th  Day  of  May  1761  the  aforesaid  Sum  of  ....  in 
Lawful  Money  with  Interest  annually  at  the  Rate  of  six  per 
cent,  per  annum.  Witness  my  Hand, 

Treasurer. 

And  for  providing  and  establishing  an  ample  and  sufficient 
fund,  to  repay  the  money  borrowed  and  discharge  the  notes 
given  by  the  Treasurer  by  virtue  of  this  act, 

Be  it  enacted  hy  the  authority  aforesaid.^  That  a  tax  of  five 
pence  lawful  money  on  the  pound  be  and  the  same  is  hereby 
granted  and  ordered  to  be  levied  on  all  the  polls  and  ratealjle 
estate  in  this  Colony  according  to  the  list  to  be  brought  in  to 
this  Asseml)ly  in  October  1759  with  the  additions,  to  be  col- 
lected and  paid  into  the  treasury  by  the  last  day  of  December 
1760 ;  which  tax  may  be  discharged  by  any  of  said  notes 
given  by  the  Treasurer  by  virtue  of  this  act,  or  in  lawful 
money,  and  no  other  way ;  and  the  Treasurer  is  hereby  ordered 
to  send  out  his  warrants  accordingly. 

And  whereas  the  money  expected  on  account  of  the  pro- 
visions furnished  in  1756,  as  aforesaid,  may  not  come  season- 
[72]  ably  to  pay  the  men  on  their  return,  yet  may  be  ||  had 
timely  to  repay  the  money  borrowed  and  discharge  the  Treas- 
urer's notes  given  to  secure  the  same  by  virtue  of  this  act : 
Therefore, 

Be  it  enacted  hy  the  autliority  aforesaid.,  That  the  money 
that  shall  arrive  from  Grd'at  Britain  on  the  aforesaid  account 
of  provisions  be  and  the  same  is  hereby  ordered  to  be  applied 
to  repay  the  money  borrowed  and  discharge  the  Treasurer's 
notes  given  therefor  as  aforesaid,  and  that  the  Treasurer  be 
and  he  is  hereby  directed  to  apply  such  money  as  he  shall 
receive  on  said  account,  or  so  much  as  shall  be  necessary,  to 
repay  said  money  borrowed  and  discharge  the  notes  given 
in  security  thereof  as  aforesaid. 

And  he  it  further  enacted,  That  in  case  a  sum  sufficient  for 
the  repayment  and  discharge  of  the  money  borrowed  and 
notes  of  the  Treasurer  given  as  aforesaid  shall  arrive  from 
Great  Britain  on  the  last-mentioned  account,  and  shall  be 
lodged  in  the  hands  of  the  Treasurer  before  the  first  day  of 
October  1760,  the  tax  last  mentioned  and  granted  in  this  act 
and  otherwise  to  be  collected  and  paid  be  and  the  same  is 
hereby  released  and  made  null  and  void. 

Resolved  hy  this  Assembly,  That  Hezekiah  Huntington, 
Jabez  Hamlin,  John  Hubbard,  Esq",  and  Capt.  Theophilus 
Nichols,  be  and  hereby  are  appointed  Commissaries,  to  make 


104  PUBLIC   RECORDS  [Marcli. 

suitable  provision  for  the  furnishing  of  the  forces  now  to 
be  raised  in  this  Colony  with  those  articles  necessary  to  be 
provided  them  by  said  Colony,  and  to  receive  directions 
therein  from  his  Honour  the  Governor. 

Whereas  his  Honour  the  Governor  hath  laid  before  this 
Assembly  a  letter  from  the  Right  Hon'^'e  William  Pitt,  one 
of  his  Majesty's  principal  Secretaries  of  State,  dated  Decem- 
ber 30th  A.D.  1757,  signifying  his  Majesty's  most  gracious 
intentions  to  make  the  most  vigorous  and  extensive  efforts  to 
avert  the  impending  dangers  on  North  America  and  intimat- 
ing his  royal  expectation  that  all  his  faithful  and  brave  sub- 
jects here  will  chearfully  co-operate  with  and  second  to  the 
utmost  such  attempts  for  our  own  preservation  and  defence  : 
Therefore,  the  better  to  facilitate  this  great  and  important 
enterprize  and  to  unite  with  the  governments  of  the  Massa- 
chusets  Bay,  New  Hampshire,  Rhode  Island,  New  York  and 
New  Jersey,  to  contribute  everything  in  the  power  of  these 
Colonies  to  render  effectual  this  undertaking,  that  nothing 
may  be  wanting  that  can  by  the  governments  be  done  for 
obtaining  the  wish'd  for  success,  this  Assembly  do  appoint 
Ebenezer  Silliman,  Jonathan  Trumble  and  William  Wolcott, 
Esqrs,  to  be  Commissioners  in  behalf  of  this  Colony,  to  meet 
with  such  gentlemen  as  may  be  duly  appointed  by  any  or  all 
of  the  aforenamed  governments  at  Hartford  on  the  19tli  day 
of  April  next,  or  as  near  that  time  as  may  be,  there  to  confer 
upon  all  proper  matters  relative  to  the  ensuing  campaign, 
and  to  consult  upon  proper  measures  to  excite  a  vigorous, 
united  and  uniform  proceeding  therein,  to  prevent  any  delays 
that  may  otherwise  happen,  and  to  render  effectual  their 
active  and  chearful  services  to  promote  his  Majesty's  interest 
and  faithfully  pursue  his  orders ;  and  of  the  whole  result  of 
such  their  conference  and  the  various  matters  and  things 
that  may  be  agreed  on,  to  make  report  to  his  Honour  the 
Governor. 

And  it  is  further  resolved^  That  his  Honour  the  Governor 
be  desired  as  soon  as  may  be,  to  send  expresses  to  the  afore- 
named governments,  to  acquaint  them  with  this  proposal  and 
to  desire  them  to  appoint  commissioners  for  such  purposes,  to 
meet  at  time  and  place  abovesaid.  And  his  Honour  the 
Governor  is  desired  to  commission  the  abovenamed  gentlemen 
accordingly. 

Whereas  this  Assembly  at  the  present  sessions  hath  re- 
solved to  raise  five  thousand  men  to  co-operate  with  a  body 
of  the  King's  forces  in  an  invasion  of  Canada  &c. ;  and 
[73]  whereas  the  King  hath  ||  been  graciously  pleased  to 


1758.]  OF     CONNECTICUT.  105 

signify  that  arms,  tents  and  provisions  shall  be  supplied  at 
the  expence  of  the  crown,  and  that  he  expects  and  requires 
no  more  of  the  Colonies  than  the  levying,  cloathing  and  pay 
of  the  men  :  Yet,  forasmuch  as  it  may  lie  necessary  that 
divers  particulars  preparatory  to  the  march  as  well  as  for  the 
better  encouragement  of  the  troops  to  engage  and  enter  into 
this  service  should  be  ascertained  and  settled  as  soon  as  may 
be  with  the  Commander-in-Chief  of  his  Majesty's  forces  in 
North  America:  Therefore,  that  nothing  may  be  wanting  on 
the  part  of  this  government  to  facilitate  the  levies  and  to 
render  them  in  the  best  manner  serviceable  in  effectually 
promoting  this  great  design,  this  Assembly  do  appoint  Eben- 
ezer  Silliman,  Jonathan  Trumble  and  William  Wolcott,  Esq'"% 
or  any  two  of  them,  to  be  Commissioners  in  behalf  of  this 
Colony,  to  attend  upon  and  confer  with  the  said  commander- 
in-chief,  relating  to  the  subsistence  of  the  troops  before  their 
arrival  to  the  place  of  rendezvous,  concerning  the  supply  of 
arms  and  accoutrements,  camp  utensils  and  medicines,  and 
as  far  as  may  be  obtain  a  settlement  of  these  particulars  and 
such  assurances  respecting  them  as  may  not  only  be  an 
encouragement  to  induce  the  men  more  chearfully  to  inlist 
into  the  service  but  enable  them  more  effectually  to  answer 
the  end  thereof,  as  also  to  confer  respecting  the  prospect  of 
the  general  plans  being  vigorously  carried  into  execution,  and 
on  all  such  other  matters  relating  to  the  King's  service  as 
the  said  commissioners  and  the  said  commander-in-chief  shall 
judge  proper  for  promoting  the  same,  and  from  time  to  time 
report  the  result  of  such  conference  to  his  Honour  the  Gov- 
ernor, who  is  desired  to  commission  the  said  gentlemen  for 
the  purpose  aforesaid. 

Whereas  his  Majesty  hath  signified  his  royal  pleasure  that 
all  the  serviceable  arms  that  can  lie  found  within  this  Colony 
be  immediately  collected  and  put  into  the  best  condition,  in 
order  that  the  same  may  be  employed  as  far  as  they  will  go 
in  su})plying  the  troops  in  the  ensuing  campaign :  Resolved 
by  this  Assembly,  that  his  Honour  the  Governor  be  and 
hereby  is  desired  to  take  every  proper  measure  to  collect  all 
such  arms  in  this  Colony,  that  his  Majesty's  pleasure,  signi- 
fied as  above,  may  be  fully  complied  with. 

An  Act  for  laying  an  Embargo  upon  Ships  and  other  Vessels  in  this 

Colony. 

Whereas  it  is  judged  necessary  by  his  Majesty's  Com- 
mander-in-Chief of  his  forces  in  North  America  that  an  em- 
bargo should  be  laid  upon  the  shipping  within  this  Colony, 
and  that  nothing  may  be  wanting  to  promote  and  carry  on 
with  vigour  the  operations  of  this  year's  campaign, 

14 


106  PUBLIC   RECORDS  [March, 

Be  it  enacted  hy  the  Governor,  Council  and  Representatives, 
in  Greneral  Court  assembled,  and  hy  the  authority  of  the  same, 
That  no  vessel  shall  sail  or  depart  from  any  port  or  other 
place  of  this  Colony  to  go  out  of  the  same  at  any  time  before 
the  20th  clay  of  May  next,  without  leave  first  obtained  from 
his  Honour  the  Governor  ;  and  if  any  vessel  shall  sail  to  any 
port  or  place  out  of  this  Colony  without  leave  first  had  and 
obtained  as  aforesaid,  the  master  of  every  vessel  so  departing 
shall  forfeit  and  pay  the  sum  of  one  hundred  pounds ;  and  the 
owner  or  owners  of  every  vessel  so  departing  shall  forfeit  and 
pay  the  sum  of  one  hundred  pounds,  and  the  last-mentioned 
forfeiture  shall  and  may  be  recovered  from  any  or  either  of 
the  owners  of  such  vessel  where  more  than  one  person  shall 
be  interested. 

A7id  he  it  further  enacted^  That  all  forfeitures  that  shall  or 
may  be  recovered  by  virtue  of  this  act  shall  be  paid  the  one 
half  into  the  Colony  treasury  for  the  use  and  benefit  of  this 
Colony,  and  the  other  half  to  him  or  them  that  shall  inform, 
sue  for  and  prosecute  the  same  to  effect. 

And  he  it  further  enacted.  That  the  collectors  of  the  cus- 
toms in  this  Colony  and  the  naval  officers  be  and  are  hereby 
ordered  not  to  clear  out  any  vessel  without  special  leave  first 
had  and  obtained  from  his  Honour  the  Governor. 
[  74  ]  And  be  it  fu7'ther  enacted.  That  it  shall  and  may  be 
lawful  for  the  Governor,  at  any  time  before  the  said  20th  day 
of  May  next,  to  take  off  said  embargo  if  his  Majesty's  service 
will  permit. 

Whereas  it  is  his  Majesty's  pleasure,  signified  by  the  two 
letters  from  the  Right  Honi^ie  William  Pitt,  one  of  His  Ma- 
jesty's principal  Secretaries  of  State,  dated  December  30th 
1757,  that  this  Colony  raise  as  many  men  as  the  number  of 
inhabitants  will  allow,  to  co-operate  with  and  second  to  the 
utmost  the  King's  forces,  for  the  preservation  and  defence  of 
his  subjects  in  North  America,  and  carrying  war  into  the 
heart  of  the  enemies  possessions,  and  directing  the  Governor 
and  Company  of  this  Colony  to  ap})ly  to  and  correspond  with 
his  Excellency  Major-General  Abercromby,  who  is  appointed 
Commander-in-Chief  of  the  King's  forces  in  North  America, 
on  all  matters  relating  to  the  King's  service,  and  from  time 
to  time  to  give  his  Excellency  all  the  assistance  and  lights  in 
our  power  in  all  matters  relative  to  liis  command;  and 
whereas  this  Assembly  hath  resolved  to  raise  5000  effective 
men,  including  officers,  for  the  service  aforesaid,  to  act  in 
conjunction  with  the  troops  raised  in  the  other  New  England 
governments  and  in  the  Provinces  of  New  York  and  New 


1758.]  OF    CONNECTICUT.  107 

Jersey,  and  that  said  troops  may  unite  in  a  most  vigorous, 
equal  and  uniform  procedure  hath  appointed  Commissioners 
in  behalf  of  this  Colony  to  meet  such  gentlemen  as  may  be 
appointed  by  the  before-mentioned  governments,  or  any  of 
tliem,  to  confer  together  and  consult  on  such  matters  and 
measures  relative  to  the  ensuing  campaign  as  may  render  the 
co-operation  of  the  provincial  troops  with  the  King's  forces 
agreeable  to  each  other,  and  by  the  divine  blessing  victorious 
and  successful ;  and  whereas  this  Assembly  hath  directed 
said  Commissioners  to  confer  with  his  Majesty's  Commander- 
in-Chief  in  North  America  and  concert  proper  measures  to 
be  pursued  by  this  Colony  to  facilitate  and  effectuate  the  in- 
tentions of  said  Assembly  in  levying  so  great  a  number  of 
men  for  the  service  aforesaid, 

It  is  therefore  resolved  hy  this  Assembly^  That  his  Honour 
the  Governor  be  desired,  and  he  is  hereby  desired,  upon  infor- 
mation from  the  Commissioners  appointed  by  this  Assembly 
that  the  governments  aforesaid  have  severally  so  exerted 
themselves  in  pursuance  of  his  Majesty's  pleasure  as  that 
there  is  a  reasonable  prospect  of  a  united,  vigorous  and  suc- 
cessful pursuit  of  his  Majesty's  intentions  signified  as  afore- 
said, to  order  the  march  of  the  troops  raised  in  this  Colony  to 
the  appointed  place  of  rendezvous. 

And  it  is  further  resolved^  That  in  case  the  other  govern- 
ments should  fail  in  exerting  themselves  properly  on  this 
great  occasion,  or  any  other  occurence  shall  happen  to  prevent 
the  army  from  proceeding,  this  Assembly  desire  his  Honour 
the  Governor,  with  the  advice  of  the  Council,  to  recall  the 
troops  sent  from  this  Colony  at  such  time  as  they  shall  judge 
the  service  will  admit  of. 

Resolved  hy  this  Assembly^  That  Major  Elihu  Hall  be  de- 
sired, and  is  hereby  desired  (at  the  cost  of  this  Colony) 
forthwith  to  procure  to  be  imprinted,  by  the  printer  at  New 
Haven,  600  copies  of  an  Act  of  Parliament  now  in  force, 
entituled  An  act  for  the  better  recruiting  his  Majesty's  forces 
on  the  continent  of  America ;  and  for  the  better  regulation 
of  the  army  and  preventing  of  desertion  therein,*  as  also  the 
second  and  sixth  sections  of  the  Articles  of  War;  and  that  the 
same  be  distributed,  when  imprinted,  in  some  just  proportion 
to  and  among  the  several  towns  of  this  Colony. 

Resolved  by  this  Asse7nbly,  That  the  arms  belonging  to  this 
Colony  in  the  custody  of  Mr.  Isaac  Doolittle  of  New  Haven 


*  29th  George  ii,  cap.  35.  By  a  clause  in.sertcd  in  the  Mntinv  Bill,  29  G.  ii, 
c.  3,  all  troops  in  America  whilst  in  conjunction  with  the  British  forces,  under 
the  command  of  an  officer  commissioned  by  the  Kinp,  were  made  subject  to  the 
Rules  and  Articles  of  War.     Conn.  Historical  Society's  Collections,  I,  2.57. 


108  PUBLIC  RECORDS  [March, 

[  75  ]  be  forthwith  ||  viewed  by  Capt.  Amos  Hitchcock  of  said 
New  Haven  and  said  Doolittle,  and  that  such  of  said  arms  as 
shall  be  judged  by  said  persons  to  be  fit  for  service,  or  that 
can  be  made  so  without  great  expence,  be  cleansed  and  fitted 
up  for  use  as  soon  as  may  be  by  said  Doolittle  at  the  charge  of 
this  Colony,  and  that  the  residue  of  said  arms  be  disposed  of 
by  the  selectmen  of  said  town  according  to  orders  already 
given. 

Resolved  hy  this  Assembly,  That  his  Honour  the  Governor 
be  and  hereby  is  desired  to  make  application,  as  he  shall  judge 
proper  and  as  occasion  require,  to  the  Commander-in-Chief  of 
his  Majesty's  forces  in  North  America  for  the  time  being,  or 
any  other  commanding  officer  where  any  soldiers  in  the  pay 
of  this  Colony  are  retained,  that  they  may  be  discharged. 

This  Assembly  taking  into  consideration  the  great  and 
heavy  burden  of  expence  occasioned  by  the  late  campaigns 
and  reinforcements  sent  by  detachments  from  the  militia  for 
the  succour  and  relief  of  the  camp  and  Fort  William  Henry 
beseiged  by  the  French  army,  and  that  said  fort  was  sur- 
rendered to  the  French  whereby  great  losses  have  been 
sustained. 

It  is  thereupon  resolved,  That  the  most  material  facts  attend- 
ing that  affair,  from  the  arrival  of  the  French  troops,  with  the 
siege  and  surrender  of  said  fortress,  and  the  expresses  dis- 
patched and  arrived  here  informing  and  advising  of  the 
approach  of  the  French  army,  and  the  measures  taken  by  his 
Honour  the  Governor  of  this  Colony  in  raising  and  sending 
succours  for  the  relief  of  Fort  William  Henry,  be  collected 
and  the  evidences  thereof  be  authenticated,  to  be  transmitted 
to  such  boards  as  the  interest  of  the  Colony  and  their  duty  to 
his  Majesty  shall  and  may  require.  And  this  Assembly  do 
appoint  Jonathan  Trumble  and  Phineas  Lyman,  Esq^s,  to 
assist  his  Honour  the  Governor  in  the  affair  abovementioned. 

Resolved  hy  this  Assembly,  That  some  proper  person  of  this 
Colony  be  appointed  an  Agent  for  the  Colony  at  the  Court  of 
Great  Britain,  and  as  soon  as  matters  can  be  prepared  for  his 
departure  that  he  shall  proceed  to  London,  to  joyn  our  present 
Agent  Partridge,  in  order  to  conduct  the  affairs  of  this  Colony 
according  to  directions  that  they  shall  receive  for  that  purpose.* 

Resolved  by  this  Assembly,  That  the  Committee  of  the  Pay- 
Table  be  and  hereby  are  impowered  and  directed  to  act, 
transact  and  do  all  matters  and  affairs  in  order  to  the  adjust- 

*  The  Lower  House  appointed  Jonathan  Trumble.  At  the  May  session  1758, 
the  Upper  House  concurred.  He  declined,  for  fear  of  the  small  pox  and  on 
account  of  the  circumstances  of  his  family.      War,  X,  369,  373. 


1758.]  OP    CONNECTICUT.  109 

ment  and  discharge  of  all  accompts  and  demands  relative  to 
the  troops  sent  to  and  ordered  for  the  relief  of  Fort  William 
Henry  the  last  snmmer,  and  all  other  troops  raised  and  sent 
from  this  Colony  in  the  last  campaign,  according  to  the  rules 
and  directions  given  them  by  this  Assembly  for  the  settlement 
of  like  matters  in  former  campaigns. 

Resolved  hy  this  Assembly^  That  the  Committee  of  the  Pay- 
Table  be  and  they  are  hereby  impovvered  from  time  to  time  to 
settle  and  adjust  the  accounts  of  the  several  commissioners 
improved  in  the  service  of  this  Colony,  and  give  the  needful 
orders  to  the  Treasurer  for  payment  of  the  balances  that  may 
be  found  due  to  any  of  them ;  and  where  any  balance  may  be 
found  due  to  the  Colony,  to  see  the  same  paid  unto  the  Treas- 
urer, taking  his  receipt  therefor. 

[76]  Whereas  it  is  represented  to  this  Assembly  that  in 
October  1755  John  Brownson  and  Ezekiel  Sanford  of  Water- 
bury  had  each  of  them  an  horse  impressed  into  the  service  of 
this  Colony  and  lost  in  said  service,  and  they  in  the  winter 
following  received  their  pay  for  said  horses  of  the  Treasurer 
of  this  Colony,  and  afterward  the  said  horses  returned  to 
their  respective  owners :  Resolved  by  this  Assembly,  that 
Thomas  Matthews  of  Waterbury,  Esq"",  be  appointed  and  he 
is  hereby  appointed  at  his  discretion  to  settle  the  affair  with 
said  Brownson  and  Sanford,  and  receive  what  shall  be  found 
due  to  the  Colony  thereupon  and  transmit  the  same  to  the 
Treasurer  of  this  Colony,  taking  his  receipt  therefor,  and 
deliver  the  same  to  the  Secretary  of  this  Colony. 

Resolved  hy  this  Assembly^  That  Capt.  Michal  Burnham  be 
desired  and  he  is  hereby  desired,  to  lay  before  the  General 
Assembly  to  be  holden  at  Hartford  in  May  next,  an  account 
of  the  guns  and  warlike  stores  that  were  taken  out  of  the 
Colony  sloop  Defence,  and  to  whom  they  were  delivered  when 
said  sloop  was  ordered  to  be  laid  up,  as  also  an  account  of 
what  guns  and  small-arms  and  other  warlike  stores  were  to 
be  found  and  actually  received  for  the  use  of  the  brigantine 
Tartar  the  last  summer. 

Ordered  hy  this  Assembly,  That  the  Treasurer  of  this 
Colony  pay  to  John  Holt  or  order  eight  pounds  six  shillings 
lawful  money,  for  imprinting  acts  of  Parliament  and  procla- 
mations for  fast. 

This  Assembly  do  establish  Mr.  Judah  Holcomb  to  be 
Captain  of  the  first  company  or  trainl)and  in  the  town  of 
Symsbury. 

This  Assembly  do  establish  Mr.  James  Hillyer  jun^,  to  be 


110  PUBLIC   RECORDS  [March, 

Lieutenant  of  the  first  company  or  trainband  in  the  town  of 
Symsbury. 

This  Assembly  do  establish  Mr.  Brewster  Higly  to  be  En- 
sign of  the  first  company  or  trainband  in  the  town  of  Symsbury. 

This  Asseml)ly  do  establish  Mr.  Josepli  Lee  to  be  Lieu- 
tenant of  the  first  company  or  trainband  in  the  town  of 
Saltsbury. 

This  Assembly  do  establish  Mr.  Isaac  Holt  to  be  Lieutenant 
of  the  company  or  trainband  in  East  Haven. 

This  Assembly  do  establish  Mr.  Stephen  Smith  to  be  En- 
sign of  the  company  or  trainband  in  East  Haven. 

On  the  memorial  of  Owen  Fluskey  of  Middleton,  shewing 
to  this  Assembly  that  on  the  21st  of  April  1756  he,  being  a 
soldier  in  this  Colony  service,  was  taken  and  carried  by  the 
French  Indians  to  Canada,  and  there  he  was  kept  and  confined 
until  the  7th  of  August  1757,  when  he  with  others  made  their 
escape  and  soon  after  came  to  Fort  Edward  and  that  he  again 
entered  into  this  Colony  service,  having  had  taken  from  him 
his  gun  that  belonged  to  him,  his  sword,  blanket  and  cloaths 
&c.  and  that  he  has  had  nothing  allowed  him  for  the  loss  of 
his  gun,  sword,  blanket  and  time  he  was  taken  and  made  a 
captive ;  praying  for  relief,  as  on  liis  memorial  on  file :  Re- 
solved by  this  Assembly,  tliat  the  Treasurer  of  this  Colony 
pay,  and  he  is  hereby  ordered  to  pay,  unto  the  said  Owen 
Fluskey  twelve  pounds  ten  shillings  for  the  damages  he 
sustained  ;  taking  his  receipt  therefor. 

Upon  the  memorial  of  Paul  Welch,  James  Hine  and  Roger 
Sherman,  all  of  New  Milford,  in  behalf  of  themselves  and 
[77]  their  ||  associates,  proprietors  of  the  great  bridge  in 
said  New  Milford,  shewing  to  this  Asseml)ly  that  pursuant  to 
a  liberty  granted  to  them  by  the  town  of  New  Milford  on  the 
21st  of  February  A.D.  1757,  they,  the  said  proprietors,  have 
at  their  own  cost  built  a  good  sufficient  bridge  over  Ousatanick 
River  in  said  New  Milford,  and  praying  that  the  said  bridge 
may  be  a  toll  bridge,  and  that  the  said  proprietors  may  be 
impowered  to  have  their  proprietors  meeting  and  by  their 
major  vote  (to  be  computed  by  their  respective  interest)  to 
choose  a  moderator  and  also  to  choose  a  clerk  and  committees 
and  grant  rates  &c.:  Resolved  by  this  Assembly,  that  the  said 
bridge  be  and  the  same  is  hereby  ordered  to  be  a  toll  bridge, 
and  that  the  toll  or  fare  thereof  to  be  paid  by  all  and  every 
person  that  shall  pass  over  the  same  (except  tlie  said  proprie- 
tors and  all  that  are  or  shall  be  by  them  exempted  and  all 
such  persons  as  are  by  law  exempted  from  paying  ferriages) 
shall  be  as  foUoweth,  viz :  two  pence  for  each  man,  horse  and 


1768.]  OF     CONNECTICUT.  Ill 

load  ;  one  penny  for  each  single  person  ;  three  pence  for  each 
team,  cart  and  load ;  one  penny  for  each  horse  or  neat  kine 
led  or  driven  over ;  and  one  farthing  for  each  sheep  or  swine 
that  shall  be  driven  ovei"  the  same.  And  it  is  further  enacted 
by  this  Assemljly,  that  said  ])roprietors  be  and  they  are  lierel)y 
fully  impowered  to  hold  their  proprietors  meeting  (upon 
warning  given  them  by  any  five  of  the  said  proprietors  ap- 
pointing time  and  place  of  said  meeting  at  least  six  days 
before  said  meeting)  and  by  their  major  vote,  to  l)e  computed 
by  interest,  to  choose  a  moderator  and  a  clerk  to  record  their 
votes,  and  also  to  choose  a  committee  or  committees  for 
managing  the  affairs  of  said  bridge,  and  also  to  grant  rates 
or  taxes  on  said  proprietors  for  repairing  said  bridge,  and  to 
appoint  collectors  to  collect  their  rates :  all  which  officers 
shall  have  full  power  in  their  respective  offices  and  be  under 
the  same  regidations  as  the  like  officers  in  proprietors  of 
common-fields  by  law  have.  Said  l)ridge  to  continue  to  be  a 
toll  bridge  as  long  as  the  said  proprietors  shall  keep  the  same 
in  good  repair,  unless  this  Assembly  shall  order  otlierwise. 

Upon  the  memorial  of  Josiah  Brownson  and  Susannah  Drink- 
water  of  New  Milford,  administrators  of  the  estate  of  William 
Drinkwater  late  of  said  New  Milford,  deceased,  shewing  to 
this  Assembly  tliat  the  debts  due  from  said  estate  surmount 
the  moveable  part  of  said  estate  the  sum  of  X96  2s.  O^d.  law- 
ful money,  and  praying  for  liberty  to  sell  so  much  of  the  real 
estate  of  the  said  deceased  as  to  pay  said  sum :  Resolved  by 
this  Assembly,  that  the  said  Josiah  Brownson  and  Susannah 
Drinkwater  have  liberty  and  liberty  is  hereby  granted  unto 
them,  to  sell  so  much  of  the  real  estate  of  the  said  deceased 
as  shall  make  the  sum  of  £96  2s.  O-^d.  lawful  money  with  the 
incident  charges  arising  thereon  ;  taking  the  direction  of  the 
court  of  probate  for  the  district  of  Woodbury  therein. 

Whereas  it  hath  been  duly  proved  to  this  Assembly  that 
one  Mary  Hall  of  Wallingford  is  a  distracted  person,  and  is 
by  her  friends  who  by  law  are  obliged  to  support  her  allowed 
to  stroll  about  from  town  to  town  and  place  to  place,  to  the 
great  disquiet  of  many  people  where  she  goes  by  reason  of 
lier  ill  beliaviour,  and  that  neither  her  friends  nor  the  select- 
men of  that  town  keep  lier  restrained  :  Therefore  it  is  enacted, 
that  when  and  so  often  as  the  said  Mary  Hall  shall  be  found 
out  of  the  limits  of  said  town  of  Wallingford,  she  shall  on 
complaint  of  any  person  to  any  Assistant  or  justice  of  the 
peace  in  this  Colony  be,  by  warrant  from  such  authority 
directed  to  the  constable  of  such  town  where  she  shall  be 
taken,  forthwith  apprehended  sent  to  the  selectmen  of  the 


112  PUBLIC   RECORDS  [March, 

town  of  Wallingford,  or  any  one  of  them,  and  the  constable 
aforesaid  shall  demand  of  him  or  them  four  pence  per  mile 
[78]  for  every  mile  ||  he  shall  transport  her,  with  allowance 
for  one  man  and  horse  tendance  if  such  he  has  for  his  assist- 
ance 4  pence  a  mile  for  such  tendance,  and  on  the  return  of 
such  constables  warrant  with  his  fees  thereon  indorsed,  and 
on  his  application  to  said  authority  his  fees  not  paid,  the 
authority  aforesaid  making  out  such  warrant  shall  and  may 
grant  execution  against  the  selectmen  or  selectman  refusing 
as  aforesaid  for  said  cost  and  his  fees,  directed  to  the  sheriff 
of  the  county  of  New  Haven,  his  deputy,  or  either  of  the  con- 
stables of  Wallingford,  to  levy  and  return  within  sixty  days, 
for  the  collecting  such  fees  with  the  sheriff's  fees  and  one 
shilling  for  such  execution. 

Upon  the  memorial  of  Ebenezer  Backus,  of  Norwich  in  New 
London  county,  administrator  on  the  estate  of  Mr.  James . 
Backus  late  of  said  Norwich,  deceased,  shewing  to  this  As- 
sembly that  the  debts  due  from  said  deceased's  estate  sur- 
mount the  personal  estate  the  sum  of  forty-six  pounds  eight 
shillings  and  nine  pence  lawful  money,  and  praying  for 
liberty  to  sell  so  much  of  said  deceased's  land  as  to  raise  said 
sum  :  Resolved  by  this  Assembly,  that  said  Ebenezer  Backus 
be  appointed  and  he  is  hereby  appointed  with  full  power,  to 
sell  so  much  of  the  lands  of  said  James  Backus,  deceased,  as 
to  raise  the  sum  of  forty-six  pounds  eight  shillings  and  nine 
pence  lawful  money  with  the  incident  charge  ;  taking  the 
direction  of  the  court  of  probate  for  the  district  of  Norwich 
therein. 

Upon  the  memorial  of  Mary  Palmer,  administratrix  on  the 
estate  of  Thomas  Palmer  of  Stonington,  deceased,  shewing  to 
this  Asseml)ly  that  the  debts  due  from  said  deceased's  estate 
surmount  the  moveable  estate  of  the  said  deceased  the  sum 
of  thirty-eight  pounds  one  shilling  and  seven  pence  lawful 
money ;  praying  for  the  sale  of  the  said  deceased's  land  for 
the  payment  thereof :  Resolved  by  this  Assembly,  that  the 
lands  be  sold  as  prayed  for.  And  Simeon  Minor,  Esq"",  of 
said  Stonington,  is  hereby  appointed  and  impowered  to  sell  so 
much  of  the  lands  of  the  said  deceased  Thomas  Palmer  as 
will  raise  the  said  sum  of  thirty-eight  pounds  one  shilling  and 
seven  pence  lawful  money  with  the  incident  charges  ;  taking 
the  direction  of  the  court  of  probates  in  the  district  of  New 
London  therein. 

Upon  the  memorial  of  Jonathan  Davis,  Smith  Park  and 
Phebe  Davis,  administrators  upon  the  estate  of  Ezra  Davis 
late  of  Sharon,  deceased,  shewing  that  the  debts  due  from 


1758.]  OF    CONNECTICUT.  113 

the  estate  of  said  Ezra  Davis,  with  what  was  allowed  by  the 
court  of  probate  to  the  widow  for  the  support  of  the  family, 
surmounts  the  personal  estate  of  said  deceased  the  sum  of 
X14  18s.  lid.  1  lawful  money,  and  praying  for  liberty  to  sell 
so  much  of  the  lands  of  said  deceased  as  will  be  sufficient  for 
the  payment  of  said  sum  with  the  necessary  charges  of  said 
sale  :  Resolved  by  this  Assembly,  that  the  memorialists  have 
liberty  and  liberty  is  hereby  granted  them,  to  sell  so  much  of 
the  lands  of  the  said  Ezra  Davis,  deceased,  as  to  procure  the 
said  sum  of  X14  18s.  lid.  1  lawful  money  with  the  incident 
charges  arising  thereon  ;  taking  the  direction  of  the  court  of 
probate  in  the  district  of  Sharon  therein. 

Upon  the  memorial  of  Sarah  Johnson,  administratrix  on 
the  estate  of  Elijah  Johnson  late  of  Colchester,  deceased, 
representing  to  this  Assembly  that  the  debts  and  charges  due 
from  the  estate  of  said  deceased,  together  with  the  allowances 
made  to  said  administratrix,  relict  of  said  deceased,  surmount 
the  personal  estate  of  said  deceased  the  sum  of  X54  os.  Id. 
lawful  money,  and  praying  for  liberty  to  sell  so  much  of  the 
real  estate  of  said  deceased  as  will  raise  said  sum  of  X54 
3s.  Id.  with  the  incident  charges  arising  thereon :  Resolved 
by  tins  Assembly,  that  the  said  Sarah  Johnson  have  liberty 
and  she  is  hereby  impowered,  to  make  sale  of  so  much  of  the 
[79]  real  estate  ||  of  said  deceased  as  shall  raise  £54  3s,  Id. 
lawful  money  with  the  incident  charges  arising  thereon ; 
taking  the  direction  of  the  court  of  probate  for  the  district  of 
East  fladdam  therein. 

Upon  the  memorial  [of]  Anna  Roth,  administratrix  on  the 
estate  of  Thomas  Roth  of  Norwich  in  the  county  of  New 
London,  deceased,  shewing  to  this  Assembly  that  the  debts 
and  charges  allowed  against  said  estate  surmount  the  personal 
estate  the  sum  of  X25  18s.  10c?.  and  praying  for  liberty  to 
sell  so  much  of  the  real  estate  of  the  said  deceased  as  to 
enable  the  said  administratrix  to  pay  the  said  sum  of  .£25 
18s.  IQd.  and  the  necessary  charges  arising  on  such  sale  : 
Resolved  by  this  Assembly,  that  the  said  Anna  Roth,  ad- 
ministratrix on  said  estate,  have  liberty  and  liberty  is  hereby 
granted  to  the  said  administratrix,  to  sell  so  much  of  the  real 
estate  of  the  said  deceased  as  to  enable  her  to  pay  the  said 
sum  of  X25  18s.  10c?.  and  the  necessary  charges  arising  on 
such  sale ;  taking  the  direction  of  the  court  of  probate  in  the 
district  of  Norwich  therein. 

Upon  the  memorial  of  Thankful  Barnum,  administratrix  on 
the  estate  of  Nathaniel  Barnum  late  of  Danbury,  deceased, 
shewing  to  this  Assembly  that  the  debts  due  from  the  estate 
15 


114  PUBLIC   RECORDS  [May, 

of  the  said  deceased  surmount  the  personal  estate  the  sum  of 
X112  18s.  8c?.  whereof  the  memorialist  hath  nothing  in  her 
hands  to  pay  said  debts  &c. ;  praying  this  Assembly  to  im- 
power  the  memorialist  or  some  other  meet  person,  to  make 
sale  of  so  much  of  the  lands  of  the  said  deceased  as  to  enable 
the  memorialist  to  pay  said  sum  and  the  necessary  charges 
arising  thereon  &c. :  Resolved  liy  this  Assembly,  that  the  memo- 
rialist and  Capt.  Daniel  Taylor  of  Danbury  have  liberty  and 
they  are  hereby  impowered  and  fully  authorized,  to  make  sale 
of  so  much  of  the  lands  of  the  said  deceased  as  to  pay  the 
aforesaid  sum  of  £112  18s.  8c?.  and  the  necessary  charges 
arising  thereon  ;  taking  the  direction  of  the  court  of  probates 
in  the  district  of  Danbury  therein. 

Teste    George   Wyllys,   Secretary. 


[80]      Anno  Regni  Regis   Georgii  secundi    trigesimo-primo. 

At  a  General  Assembly  of  the  Governor  and  Company  of 
HIS  Majesty's  English  Colony  of  Connecticut  in  New 
England  in  America,  holden  at  Hartford  in  said  Colony 
ON  the  second  Thursday  of  May  (being  the  eleventh 

DAY  OF  SAID    MONTH)  AND  CONTINUED    BY  SEVERAL    ADJOURN- 
MENTS until  the  EIGHTH    DAY  OF  JUNE  FOLLOWING,  ANNOQUE 

Domini  1758. 

Present : 

The  Honourable  Thomas  Fitch,  Esq"",  Governor. 

The  Hon^'«  William  Pitkin,  Esq"",  Deputy  Governor. 
Jonathan  Trumble,         Benjamin  Hall,  ^ 

Hezekiah  Huntington,    Roger  Wolcott,  junf,  ^     _.^ 

Andrew  Burr,  Jonathan  Huntington,  V    4^^,^^^^,^^,, 

John  Chester,  Daniel  Edwards,  |    ^ 

Thomas  Wells,  j 

Representatives    or  Deputies  of  the  several  Towns  hereafter 

mentioned  returned  to  attend  at  this  Assemhly.,  viz: 
Col.  Joseph  Pitkin,  Mr.  John  Ledyard,  for  Hartford. 
Col.  John  Hul)bard,  Mr.  John  Whiting,  for  New  Haven. 
Col.  Stephen  Lee,  Mr.  Joshua  Raymond,  jun'',  for  New  London. 
Mr.  David  Rowland,  for  Fairfield. 

Col.  Eliphalet  Dyar,  Capt.  Jonathan  Rudd,  for  Windham. 
Col.  Ebenezer  Marsh,  Capt.  Elisha  Sheldon,  for  Litchfield. 
Capt.  Jabez  Huntington,  Mr.  Isaac  Tracy,  for  Norwich. 
Col.  Shubael  Conant,  Mr.  William  Hall,  for  Mansfield. 
Mr.  Samuel  Nash,  Mr.  John  Beach,  for  Goshen. 
Mr.  Benjamin  Gale,  Capt.  Theophilus  Morgan,  for  Killings- 
worth. 


1758.]  OP    CONNECTICUT.  115 

Col.  John  Dyar,  Mr.  Elisha  Paine,  for  Canterbury. 
Capt.  Joshua  West,  Col.  Joseph  Fowler,  for  Lebanon. 
Col.  Elizur  Goodrich,  for  Weathersfield. 
Mr.  Jeremiah  Curtiss,  Mr.  John  Strong,  for  Farmington. 
Capt.  Samuel  Lord,  for  Saybrook. 

Mr.  Jacob  Dresser,  Mr.  Ebenezar  Leonard,  for  Killingsly. 
Major  Elihu  Hall,  Mr.  Enos  Brooks,  for  Wallingford. 
Mr.  Joseph  Wilcockson,  Mr.  David  Phelps,  for  Symsbury. 
Mr.  John  Wilford,  Mr.  Samuel  Barker,  for  Branford. 
Mr.  Erastus  Wolcott,  for  Windsor. 
Mr.  Charles  Webb,  Mr.  Jonathan  Dibble,  for  Stanford. 
Capt.  John  Hitchcock,  Mr.  Roger  Sherman,  for  New  Milford. 
Mr.  James  Fitch,  Mr.  Joseph  Piatt,  for  Norwalk. 
Mr.  Agur  Tomlinson,  Capt.  Theophilus  Nichols,  for  Stratford. 
Capt.  William  Witter,  Mr.  Nathaniel  Brown,  for  Preston. 
Mr.  Hezekiah  Brainard,  for  Haddam. 
Col.  Christopher  Avery,  Capt.  Moses  Fish,  for  Groton. 
Mr.  Christopher  Holmes,  for  East  Haddam. 
Mr.  Zebulon  West,  Mr.  Samuel  Cobb,  for  Tolland. 
Capt.  Samuel  Basset,  Capt.  Abel  Gun,  for  Derby. 
Mr.  Martin  Smith,  for  New  Hartford. 
Mr.  John  Phelps,  Capt.  Samuel  Gilbert,  for  Hebron. 
Mr.  Comfort  Starr,  for  Danbury. 

Capt.  Timothy  Judd,  Mr.  Stephen  Hopkins,  for  Waterbury. 
[81]  Mr.  Samuel  Olmsted,  Mr.  Elijah  Hawley,  for  Ridgfield. 
Capt.  Edward  Allen,  Capt.  Joseph  Woodruff,  for  Milford. 
Mr.  Samuel  Robinson,  Col.  Timothy  Stone,  for  Guilford. 
Mr.  Isaac  Johnson,  Col.  Thomas  Chandler,  for  Woodstock. 
Mr.  Edward  Collins,  for  Enfield. 
Mr.  David  Orcut,  Mr.  Josiah  Converse,  for  Stafford. 
Mr.   Jonathan  Kilborn,  Capt.   Elijah   Worthington,  for   Col- 
chester. 
Capt.  Ezekiel  Pierce,  Capt.  Isaac  Coit,  for  Plainfield. 
Mr.  Jonathan  Dresser,  Mr.  John  Williams,  for  Pomfret. 
Mr.  Daniel  Sherman,  Mr.  Benjamin  Hickox,  for  Woodbury. 
Capt.  John  Williams,  Capt.  Samuel  Dunham,  for  Sharon. 
Capt.  Samuel  Kent,  for  Suffield. 

Mr.  George  Dorr,  Capt.  Matthew  Griswold,  for  Lyme. 
Capt.  John  Bebee,  Capt.  Daniel  Lawrence,  for  Canaan. 
Capt.  James  Landon,  Mr.  John  Everts,  for  Salisbury. 
Mr.  Jacob  Benton,  Capt.  Jacob  Hinsdall,  for  Harwington. 
Capt.  Ebenezer  Kingsbury,  Mr.  Joseph  Strong,  for  Coventry. 
Mr.  James  Wadsworth,  Mr.  Nathan  Camp,  for  Durham. 
Mr.  Josiah  Benton,  for  Glassenbury. 
Mr.  Simeon  Minor,  Capt.  Phineas  Stanton,  for  Stonington. 


116  PUBLIC   RECORDS  [May, 

Capt.  Benjamin  Talcott,  Capt.  Thomas  Pitkin,  for  Bolton. 

Col.  Jabez  Hamlin,  for  Middleton. 

Mr.  Daniel  Booth,  Mr.  Benjamin  Curtis,  for  Newton. 

Mr.  Jabez  Swift,  for  Kent. 

Capt.  Benjamin  Homner,  Mr.  Everet  Smith,  for  Ashford. 

Capt.  Robert  Dixson,  Mr.  John  Smith,  for  Voluntown. 

Col.  Shubael  Conant,  Speaker    I  of    the  House  of  Repre- 
Capt.  Jabez  Huntington,  Clerk  \  sentatives. 

This  day  being  appointed  by  the  royal  charter  and  the  laws 
of  this  Colony  for  the  election  of  the  public  officers  of  the 
Colony,  viz :  Governor,  Deputy  Governor,  Assistants,  Treas- 
urer and  Secretary,  proclamation  was  made,  and  then  the 
votes  of  the  freemen  were  given  in  to  the  persons  appointed 
by  the  Governor,  Council  and  Representatives,  to  receive,  sort 
and  count  them ;  which  persons  so  appointed  were :  Jonathan 
Trumble,  Hezekiah  Huntington,  Andrew  Burr,  John  Chester, 
Thomas  Wells,  Benjamin  Hall,  Roger  Wolcott  jun"",  Jona- 
than Huntington,  Daniel  Edwards,  Esqr%  Messrs.  Samuel 
Kent,  Hezekiah  Brainard,  John  Whiting,  Timothy  Stone, 
Benjamin  Gale,  Simeon  Minor,  David  Rowland,  Comfort 
Starr,  Eliphalet  Dyar,  Thomas  Chandler,  Elisha  Sheldon  and 
John  Williams,  who  were  all  sworn  to  a  faithful  discharge  of 
that  trust.  And  the  votes  of  the  freemen  being  brought  in, 
sorted  and  counted. 

The  Honourable  Thomas  Fitch,  Esq'",  is  chosen  Governor  of 
this  Colony  for  the  year  ensuing.  • 

The  Hon'''e  William  Pitkin,  Esq^  is  chosen  Deputy  Gov- 
ernor of  this  Colony  for  the  year  ensuing. 

Roger  Newton,  Esq"",  Ebenezer  Silliman,  Esq'',  Jonathan 
Trumble,  Esq"",  Hezekiah  Huntington,  Esq^,  Andrew  Burr, 
Esqf,  John  Chester,  Esqs  Thomas  Wells,  Esq'',  Benjamin 
Hall,  Esq'',  Phineas  Lyman,  Esq'',  Roger  Wolcott,  jun"".  Esq' , 
Daniel  Edwards,  Esq'',  Jabez  Hamlin,  Esq',  were  chosen 
Assistants  for  the  year  ensuing. 

Joseph  Talcott,  Esq"",  is  chosen  Treasurer  of  this  Colony 
for  the  year  ensuing. 

George  Wyllys,  Esq'',  is  chosen  Secretary  of  this  Colony  for 
the  year  ensuing. 

The  Governor's  oath  prescribed  by  the  law  of  this  Colony, 
and  the  oath  required  by  act  of  Parliament  relating  to  Trade 
and  Navigation,  were  administred  by  the  Honij'*^  William 
Pitkin,  Esq'',  Deputy  Governor,  to  the  Hon'''*-*  Thomas  Fitch, 
Esq'',  now  chosen  Governor,  in  the  presence  of  the  Assembly. 
[82]  The  Hon'''e  William  Pitkin,  Esq^,  (now  chosen  Deputy 
Governor)   had    the   Deputy  Governor's  oath  prescribed   by 


1758.]  OP    CONNECTICUT.  117 

law  administred  to  him  by  his  Honour  the  Governor  in  the 
presence  of  the  Assembly. 

The  Assistant's  oath  prescribed  by  law  was  administred 
by  his  Honour  the  Governor  to  Roger  Newton,  Esq"",  Ebene- 
zer  Silliman,  Esq%  Jonathan  Trumble,  Esq^,  Hezekiah  Hun- 
tington, Esq"",  Andrew  Burr,  Esq"",  John  Chester,  Esq', 
Thomas  Wells,  Esq"",  Benjamin  Hall,  P]sqf,  Phineas  Lyman, 
Esqr,  Roger  Wolcott,  jun'",  Esq%  Daniel  Edwards,  Esq'',  Jabez 
Hamlin,  Esq^,  (now  chosen  Assistants)  in  the  presence  of 
the  Assembly. 

The  Secretary's  oath  provided  by  law  was  administred  by 
his  Honour  the  Governor  to  George  Wyllys,  Esqi",  (now 
chosen  Secretary,)  in  the  presence  of  the  Assembly. 

Ordered.,  That  Hezekiah  Huntington  and  Jabez  Hunting- 
ton, Esq's,  return  the  thanks  of  this  Assem)»ly  to  the  Rev^ 
Mr.  Benjamin  Throop,  for  his  sermon  delivered  (on  the 
11th  day  of  instant  May)  before  this  Assembly,  and  desire  a 
copy  thereof  that  it  may  be  printed. 

This  Assembly  do  appoint  the  Honi^'e  William  Pitkin,  Esq"", 
to  be  Chief  Judge  of  the  Superior  Courts  in  this  Colony  the 
year  ensuing. 

This  Assembly  do  appoint  Ebenezer  Silliman,  Roger  Wol- 
cott, jun"",  Joseph  Fowler  and  Daniel  Edwards,  Esq'%  to  be 
Judges  of  the   Superior   Courts  in  this   Colony  the  year  en- 


sumg. 


This  Assembly  do  appoint  Jabez  Hamlin,  Esq"",  to  be  Judge 
of  the  County  Courts  in  and  for  the  county  of  Hartford  the 
year  ensuing. 

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

This  Assembly  do  appoint  Hezekiah  Huntington,  Esq^  to 
be  Judge  of  the  County  Courts  in  and  for  the  county  of  New 
London  the  year  ensuing. 

This  Assembly  do  appoint  Andrew  Burr,  Esq"",  to  be  Judge 
of  the  County  Courts  in  and  for  the  county  of  Fairfield  the 
year  ensuing. 

This  Assembly  do  appoint  Jonathan  Trumble,  Esq"",  to  be 
Judge  of  the  County  Courts  in  and  for  the  county  of  Wind- 
ham the  year  ensuing. 

This  Assembly  do  appoint  John  Williams,  Esq"",  to  be 
Judge  of  the  County  Courts  in  and  for  the  county  of  Litch- 
field the  year  ensuing. 

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


118  PUBLIC   RECORDS  [May, 

This  Assembly  do  appoint  John  Hubl^ard,  Esq'',  to  be 
Judge  of  the  Court  of  Probate  for  the  district  of  New  Haven 
the  year  ensuing. 

This  Assembly  do  appoint  Gurdon  Saltonstall,  Esq'",  to  be 
Judge  of  the  Court  of  Probate  for  the  district  of  New  Lon- 
don the  year  ensuing. 

This  Assembly  do  appoint  Andrew  Burr,  Esqi",  to  be  Judge 
of  the  Court  of  Probate  for  the  district  of  Fairfield  the  year 
ensuing. 

This  Assembly  do  appoint  Jonathan  Trumble,  Esq',  to  be 
Judge  of  the  Court  of  Probate  for  the  district  of  Windham 
the  year  ensuing. 

This  Assembly  do  appoint  Timothy  Stone,  EsqS  to  be 
Judge  of  the  Court  of  Probate  for  the  district  of  Guilford 
the  year  ensuing. 

This  Assembly  do  appoint  Daniel  Sherman,  Esq'',  to  be 
Judge  of  the  Court  of  Probate  for  the  district  of  Woodbury 
the  year  ensuing. 

This  Assembly  do  appoint  Jonathan  Hoit,  Esq"",  to  be 
Judge  of  the  Court  of  Probate  for  the  district  of  Stanford 
the  year  ensuing. 

This  Assembly  do  appoint  Joseph  Spencer,  Esq"",  to  be 
Judge  of  the  Court  of  Probate  for  the  district  of  East  Had- 
dam  the  year  ensuing. 

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

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

[83]  This  Assembly  do  appoint  Hezekiah  Huntington, 
Esq'',  to  be  Judge  of  the  Court  of  Probate  for  the  district  of 
Norwich  the  year  ensuing. 

This  Assembly  do  appoint  John  Creary,  Esq'',  to  be  Judge 
of  the  Court  of  Probate  for  the  district  of  Plainfield  the 
year  ensuing. 

This  Assembly  do  appoint  Jabez  Hamlin,  Esq',  to  be  Judge 
of  the  Court  of  Probate  foi-  the  district  of  Middleton  the 
year  ensuing. 

This  Assembly  do  appoint  Timothy  Sabin,  Esq'',  to  be  Judge 
of  the  Court  of  Probate  for  the  district  of  Pomfret  the  year 
ensuing. 

This  Assembly  do  appoint  John  Williams,  Esq'',  to  be 
Judge  of  the  Court  of  Probate  for  the  district  of  Sharon  the 
year  ensuing. 


1758.]  OF    CONNECTICUT.  119 

This  Assembly  do  appoint  .Joseph  Biiekingham,  Joseph 
Pitkin,  William  Wolcott  and  John  Humphrys,  Esqf%  to  be 
Justices  of  the  Peace  and  Quorum  in  and  for  the  county  of 
Hartford  the  year  ensuing. 

This  Assembly  do  appoint  Joseph  Talcott,  George  Wyllys, 
John  Ledyard,  Thomas  Hosmer,  Jonathan  Hills,  Daniel  Bis- 
sell,  Samuel  Euno,  Pelatiah  Mills,  Elizur  Goodrich,  Jonathan 
Belding,  Joseph  White,  Thomas  Johnson,  Seth  Wetmore, 
Benjamin  Stilman,  Joseph  Southmayd,  Joseph  Hooker,  John 
Hooker,  Solomon  Whitman,  Jared  Lee,  Hezekiah  Gridley, 
Joseph  Hart,  Joseph  Wilcoxson  2d,  John  Owen,  Jonathan 
Hale,  David  Hubbard,  Hezekiah  Brainard,  Joseph  Wells, 
Joseph  Spencer  of  East  Haddam,  Daniel  Cone,  Nathaniel 
Foot,  John  Waterhouse,  Jonathan  Kilbourn,  jun^  Joseph 
Phelps,  John  Phelps,  Samuel  Gilbert,  junf,  Alexander  Phelps, 
Thomas  Pitkin,  Zebulon  West,  John  Mirick,  Daniel  Aldin, 
Isaac  Pinney,  Samuel  Reynolds,  Ephraim  Terry,  Samuel 
Kent,  jun\  Esq'"^  to  be  Justices  of  the  Peace  in  and  for  the 
county  of  Hartford  the  year  ensuing. 

This  Assembly  do  appoint  Benjamin  Hall,  Esq',  to  be 
Justice  of  the  Quorum  in  and  for  the  county  of  New  Haven 
the  year  ensuing. 

This  Assembly  do  appoint  John  Hubbard,  Elihu  Chauncey, 
and  Timothy  Stone,  Esq""*,  to  be  Justices  of  the  Peace  and 
Quorum  in  and  for  the  county  of  New  Haven  the  year 
ensuing. 

This  Assembly  do  appoint  Isaac  Dickerman,  John  Prout, 
Deodate  Davenport,  Samuel  Sherman,  John  Whiting,  Thomas 
Darling,  Samuel  Sacket,  Robert  Treat  of  Milford,  Nathan 
Baldwin,  Joseph  Woodruff,  Nathaniel  Harrison  of  Branford, 
Jonathan  Russel,  Josiah  Rogers,  Samuel  Barker,  Theophilus 
Rossiter  of  Guilford,  Samuel  Robinson,  Nathaniel  Ruggies, 
John  Graves,  Samuel  Hall  of  Wallingford,  John  Hall  2d, 
Elihu  Hall,  Ezekiel  Royce,  Caleb  Merriman,  James  Wads- 
worth  of  Durham,  Samuel  Basset  of  Derby,  Samuel  Riggs, 
Timothy  Russel,  Daniel  Holbrook,  Thomas  Clark  of  Water- 
l)ury,  Thomas  Matthews  and  Thomas  Brownson,  Esq""",  to  be 
Justices  of  the  Peace  in  and  for  the  county  of  New  liaven 
the  year  ensuing. 

This  Assembly  do  appoint  Mr.  Charles  Whittlesey  to  be 
Justice  of  the  Peace  for  the  county  of  New  Haven  the  year 
ensuing. 

This  Assembly  do  appoint  John  Griswold,  Christopher 
Avery,  Richard  Lord  and  Isaac  Huntington,  Esq''^,  to  be 
Justices  of  the  Peace  and  Quorum  in  and  for  the  county  of 
New  London  the  year  ensuing. 


120  PUBLIC   RECORDS  [May, 

This  Assembly  do  appoint  Elnathau  Stephens,  Jonathan 
Lane,  Joseph  Wilcox,  Aaron  Eliot,  Nathaniel  Clark,  Jedi- 
diah  Chapman,  John  Tulley,  Hezekiah  Whittlesey,  Daniel 
Ely,  Benjamin  Lee,  Samuel  Ely,  John  Lay  3d,  Joshua  Hem- 
sted,  Pygan  Adams,  Ebenezer  Bacchus,  Jabez  Huntington, 
William  Whiting,  Jacob  Perkins,  Samuel  Morgan,  Nathaniel 
Brown,  Samuel  Coit,  William  Witter,  Joseph  Dennison, 
[84]  Simeon  Minor,  ||  Samuel  Prentice,  Luke  Perkins,  Wil- 
liam Williams,  Nathan  Smith,  Ebenezer  Avery,  Jeremiali 
Miller,  Ebenezer  Hartshorn,  Amos  Chesborough,  Daniel  Coit 
and  Adonijah  Fitch,  Esqi's,  to  be  Justices  of  the  Peace  in  and 
for  the  county  of  New  London  the  year  ensuing. 

This  Assembly  do  appoint  Jonathan  Hoit,  David  Rowland, 
Samuel  Fitch  and  John  Read,  Esq •"%  to  be  Justices  of  the 
Peace  and "  Quorum  in  and  for  the  county  of  Fairfield  the 
year  ensuing. 

This  Assembly  do  appoint  Robert  Walker,  Robert  Fairchild, 
Theophilus  Nichols,  Samuel  Adams,  Ichabod  Lewis,  William 
Peet,  William  Burr,  Lothrop  Lewis,  Moses  Dimon,  Samuel 
Sherwood,  Joseph  Piatt,  James  Lockwood,  Elias  Betts,  The- 
ophilus Fitch,  Jonathan  Maltbie,  Abraham  Davenport,  El)en- 
ezer  Mead,  Nathaniel  Sacket,  Samuel  Olmsted,  Samuel  Smith 
the  3d,  Thomas  Benedict,  Samuel  Gregory,  Ephrahim  Hub- 
bel,  Thomas  Tousey,  Caleb  Baldwin,  Benajah  Case,  John 
Ferris  and  Comfort  Starr,  Esq""*^,  to  be  Justices  of  the  Peace 
in  and  for  the  county  of  Fairfield  the  year  ensuing. 

This  Assembly  do  appoint  Agur  Tomlinson  to  be  Justice 
of  the  Peace  in  and  for  the  county  of  Fairfield  the  year 
ensuing. 

This  Assembly  do  appoint  Shubael  Conant,  John  Dyer, 
Jabez  Fitch  and  Joshua  W^est,  Es(|'%  to  be  Justices  of  the 
Peace  and  Quorum  in  and  for  the  county  of  Windham  the 
year  ensuing. 

This  Assembly  do  appoint  Ebenezer  West,  Jonathan  Hunt- 
ington, Joseph  Fowler,  Joseph  Cady,  John  Creary,  Joseph 
Clark,  Eliphalet  Dyer,  Nathaniel  Huntington,  Joseph  Strong, 
jun'',  Phineas  Strong,  John  Smith,  Samuel  Dannelson,  Ebene- 
zer Wales,  William  Metcalf,  Samuel  Chandler,  Thomas 
Chandler,  Benjamin  Wheeler,  Jeremiah  Kenne,  Silas  Long, 
Timothy  Sabin,  Jacob  Dresser,  Joseph  Stores,  Robert  Dixson, 
Samuel  Cray,  Ezekiel  Pierce,  Ebenezer  Williams,  William 
Osgood,  Samuel  Huntington  of  Canterbury,  Jedidiah  Elder- 
kin,  Stephen  Fuller,  Samuel  Wood  of  Union,  Amos  Babcock, 
Thomas  Williams  of  Pomfret,  Elijah  Whiton  and  Thomas 
Moffat,  Esqf^  to  be  Justices  of  the  Peace  in  and  for  the 
county  of  Windham  the  year  ensuing. 


1758.]  OF    CONNECTICUT.  ,  121 

This  Assembly  do  appoint  Ebenezer  Marsh,  Noah  Hiiiman, 
Elisha  Sheldon  and  Increase  Moseley,  Esqi's  to  be  Justices  of 
the  Peace  and  Quorum  in  and  for  the  county  of  Litchfield  the 
year  ensuing. 

This  Assembly  do  appoint  John  Williams,  Thomas  Harri- 
son, Timothy  Collins,  Daniel  Sherman,  Daniel  Everit,  Elisha 
Stoddard,  Paul  Welch,  Bushnel  Bostwick,  Roger  Sherman, 
Timothy  Hatch,  John  Ransom,  Samuel  Hutchinson,  James 
Landon,  John  Hutchinson,  DaWd  Whitney,  John  Bebee,  John 
Beach,  Gideon  Thompson,  John  Patterson,  Ebenezer  Lyman, 
John  Cook,  Cyprian  Webster,  Abijah  Catlin,  Isaac  Kellogg, 
Joshua  Whitney  and  Martin  Smith,  Esq^s,  to  be  Justices  of 
the  peace  in  and  for  the  county  of  Litchfield  the  year  ensuing. 

This  Assembly  do  appoint  Henry  Castle  to  be  a  Justice  of 
the  Peace  for  the  county  of  Litchfield  the  year  ensuing. 

Whereas  this  Assembly  in  March  last  voted  to  raise  five 
thousand  men  in  this  Colony  for  the  service  of  the  ensuing 
campaign  and  gave  great  encouragements  to  induce  able- 
bodied  effective  men  voluntarily  to  enlist  into  the  several  regi- 
ments ordered  to  be  raised  for  that  purpose  :  but  forasmuch 
as  by  voluntary  enlistments  the  said  regiments  are  not  filled 
[85]  up,  and  the  season  ||  of  the  year  being  so  far  advanced 
it  appears  necessary  that  some  more  effectual  measures  be 
come  into  for  speedily  compleating  the  levies  :  Therefore, 

It  is  resolved  by  this  Assemhly^  That  the  number  of  men  to 
be  raised,  including  those  who  have  already  engaged  or  en- 
listed, in  the  limits  of  the  several  regiments  of  militia  in  this 
Colony,  be  in  the  following  proportion,  viz :  in  the  first  regi- 
ment 746;  in  the  2d,  350;  3d,  489;  4th,  390;  5th,  314;  6th, 
357;  7th,  261;  8tli,  285;  9th,  346;  10th,  261 ;  11th,  346; 
12th,  383;  13th,  472. 

That  the  colonel,  or  in  his  absence  the  next  field  officer,  of 
each  regiment  be  forthwith  certified  either  from  the  enlisting 
officers  or  the  militia  captains  or  chief  officers  of  the  compa- 
nies what  number  of  men  belonging  to  or  within  the  limits  of 
their  respective  companies  are  enlisted  into  the  service  aforesaid 
and  that  thereupon  the  colonel  or  other  field  officer  is  hereby 
directed  and  impowered  to  give  his  orders  to  each  captain  or 
other  chief  officer  of  every  company  within  the  limits  of  which 
a  proportion  for  that  company  hath  not  enlisted,  to  detach  or 
impress  such  a  number  of  able-bodied  men  out  of  such  com- 
pany or  within  the  limits  thereof  as,  including  those  before 
enlisted,  shall  make  that  company's  proportion  of  the  number 
to  be  raised  in  the  regiment  to  which  it  belongs,  the  said 
proportion  to  be  computed  by  the  number  of  the  training-rolls 

16 


122  PUBLIC   RECORDS  [May, 

as  heretofore  returned  to  the  colonels ;  and  that  thereupon 
the  officers  receiving  such  orders  shall,  and  they  respectively 
are  hereby  impowered  and  directed  in  the  most  proper  and 
effectual  method,  to  proceed  in  detaching  or  impressing,  and 
taking  the  advice  of  the  civil  authority  in  the  town  (if  to  be 
obtained)  shall  and  may  impress  men  included  in  the  training- 
rolls  or  such  as  may  be  found  within  the  limits  of  the  com- 
pany proper  for  the  service  ;  and  that  all  such  as  have  been 
in  any  former  campaigns  shall  be  liable  to  and  may  be  im- 
pressed as  well  as  others  (their  having  been  before  in  se^^-vice 
notwithstanding) . 

Provided  nevertheless,  That  no  more  than  every  sixth  man, 
including  those  already  inlisted,  be  detached  out  of  any  troop 
of  horse. 

And  he  it  further  resolved,  That  those  who  shall  be  so  de- 
tached or  impressed  and  shall  go  into  the  service  aforesaid 
shall  be  entituled  to  the  same  wages  as  are  given  to  others  and 
shall  be  supplied  with  a  blanket  and  knapsack,  and  shall  re- 
ceive forty  shillings  in  case  they  supply  themselves  with  shot- 
bags  and  powder-horns  and  proper  cloathing :  otherwise  they 
shall  be  supplied  therewith  (not  exceeding  the  value  of  said 
sum)  by  the  captain  or  other  officer  of  the  company,  and  the 
overplus,  if  any  be,  to  be  paid  them. 

Provided  nevertheless,  That  if  any  person  shall  enlist 
previous  to  such  detachment  or  impressing,  or  within  twenty- 
four  hours  after,  he  shall  receive  the  same  encouragement 
as  is  already  given  to  those  who  have  enlisted. 

Resolved  hy  this  Assembly,  That  the  soldiers  in  this  Colony 
detached  for  his  Majesty's  service  in  the  ensuing  cam])aign 
shall  by  the  colonels  of  the  standing  militia  in  this  Colony, 
respectively,  by  whose  order  said  soldiers  were  detached,  be 
assigned  to  serve  under  the  next  officer  of  the  company 
respectively  going  into  the  service  aforesaid  whose  company 
is  vacant ;  and  in  case  such  soldier  so  assigned  shall  within 
twenty-four  hom's  after  such  assignment,  or  after  he  has 
opportunity  by  any  enlisting  officer  of  such  company,  enlist 
into  the  service  aforesaid,  he  shall  be  allowed  tlie  same  pre- 
mium as  heretofore  allowed  to  those  who  should  voluntarily 
enlist  into  the  service  aforesaid ;  and  that  copies  of  this  re- 
solve be  forthwith  transmitted  to  each  of  said  colonels, 
respectively. 

Whereas  his  Honour  the  Governor  hath  issued  a  Proclama- 
tion, to  notify  and  acquaint  the  men  raised  in  this  Colony  for 
[86]  the  II  ensuing  campaign  that  his  Majesty's  Commander- 
in-Chief  in  America  hath  engaged,  that  if  any  of  the  arms 


1758.]  OF    CONNECTICUT.  123 

brought  l)y  the  troops  of  this  Colony  into  the  service  shall  be 
either  lost  in  actual  service  or  thro'  real  use  be  no  longer  fit 
for  service,  upon  due  proof  thereof  he  will  make  the  same 
good  to  the  proprietors  in  money  :  And  whereas  it  is  found 
on  enquiry  that  there  is  about  two  thousand  good  arms  of 
those  sent  hither  by  his  Majesty  formerly  and  those  the  Col- 
ony hath  provided  with  which  the  troops  of  this  Colony  may 
be  furnished,  and  it  is  apprehended  that  many  of  the  men 
will  carry  their  own  arms  into  the  service  on  the  encourage- 
ment aforesaid,  provided  some  proper  allowance  be  made  for 
the  common  and  ordinary  use  of  them :  Therefore, 

Resolved  by  this  Assembly,  That  in  addition  to  the  encour- 
agement aforesaid  all  those  soldiers  who  shall  furnish  them- 
selves with  good  arms  not  exceeding  the  number  of  three 
thousand,  and  carry  the  same  into  the  service,  for  a  good 
firelock,  bayonet,  cartouch-box  and  belt,  or  for  a  cutlass  or 
hatchet  carried  instead  of  a  bayonet,  all  to  the  acceptance  of 
the  captain  of  the  company  to  which  he  belongs,  each  man 
shall  have  and  receive  a  bounty  therefor  of  five  shillings  to 
be  paid  out  of  the  treasury  of  this  Colony.  And  the  captain 
of  each  company  is  hereby  directed  to  certify  to  the  Com- 
mittee of  the  Pay-Table  as  soon  as  may  be  the  number  so 
furnished  in  his  company. 

And  in  case  a  sufficient  number  of  arms  and  accoutrements 
shall  not  be  provided  by  the  means  already  directed. 

It  is  further  resolved,  That  the  captain  of  each  company 
who  is  going  in  said  service,  or  in  his  absence  on  duty  the 
next  commission  officer  who  is  present,  shall  apply  to  some 
Assistant  or  justice  of  the  peace  and  give  him  an  account  of 
the  number  of  arms  and  accoutrements  that  are  wanted  to 
furnish  the  residue  of  the  men  which  he  hath  then  belonging 
to  his  company,  who  is  hereby  authorized  and  impowered  to 
issue  forth  a  warrant  directed  to  some  suitable  person  or 
persons,  to  impress  the  number  of  good  arms  and  accoutre- 
ments wanted  as  aforesaid  from  that  part  of  the  militia 
exempted  from  training,  if  a  number  sufficient  may  be  found 
with  such,  or  otherwise  so  far  as  is  necessary  from  the  other 
part  of  the  militia,  and  order  the  same  to  be  marked  and 
apprized  by  two  judicious  persons  under  oath,  and  that  due 
return  be  made  to  him  of  all  such  doings,  and  thereupon  such 
Assistant  or  justice  is  here))y  directed  to  deliver  the  same  to 
such  captain  or  other  officer  as  aforesaid,  taking  his  receipt 
therefor,  therein  expressing  the  names  of  the  owners  with  the 
marks  and  prizes  as  aforesaid,  and  lodge  the  same  with  the 
Committee  of  the  Pay-Table  ;  and  that  such  captain  or  other 
officer  is  hereby  directed  to  deliver  the  said  arms  and  accou- 


124  PUBLIC  RECORDS  [May, 

trements  to  such  of  his  company  as  want  them,  taking  an 
account  of  the  mark  and  price  of  the  arms  delivered  each 
man,  and  leave  an  attested  copy  thereof  with  the  Committee 
of  the  Pay-Table ;  and  that  each  owner  of  tlie  arms  and 
accoutrements  so  impressed  shall  be  entituled  to  and  receive 
the  same  encouragement  and  bounty  that  is  given  to  each 
soldier  as  above-mentioned,  and  that  during  the  time  his  arms 
so  impressed  shall  be  retained  from  him  and  not  paid  for,  if 
such  owner  be  not  required  to  train  he  is  hereby  excused 
from  appearing  and  shewing  his  arms  and  ammunition  on 
any  of  the  days  appointed  for  the  view  of  arms ;  and  if  such 
owner  doth  belong  to  any  trainband,  he  is  hereby  excused 
from  bringing  or  shewing  such  like  arms  or  accoutrements  an 
any  usual  training  day  or  days  appointed  by  the  law  for  the 
view  of  arms. 

And,  that  authentick  accounts  of  such  losses  as  may  happen 
in  the  campaign  and  proper  proof  thereof  be  kept :  Therefore, 
[  87  ]  Resolved,  That  the  captain  of  each  company  raised  in 
this  Colony  be  and  he  is  herel)y  directed  to  take  account  of 
all  such  losses  as  may  happen  during  the  campaign  with  the 
proof,  and  deliver  it  to  the  colonel  of  the  regiment  to  which 
he  belongs,  who  is  hereby  directed  and  impowered  to  receive 
all  such  accounts  and  make  application  to  the  general  for 
payment,  on  receipt  whereof  said  colonel  is  to  take  proper 
care  that  the  same  be  duly  paid  to  the  owners  or  proprietors 
of  such  lost  arms. 

Resolved  hy  this  Assenihlt/,  That  the  commissaries  forth- 
with collect  the  King's  arms  and  the  arms  belonging  to  this 
Colony  from  the  divers  places  in  which  they  are  reported  to 
be  lodged  and,  regard  being  had  to  the  four  hundred  ninety- 
four  arms  lodged  in  the  King's  ordnance  stores  at  Albany, 
deliver  out  all  such  arms  as  are  in  this  Colony,  in  some 
suitable  proportion,  to  the  captains  of  the  companies  raised 
in  this  Colony  for  the  present  expedition,  taking  proper 
receipts  therefor,  and  lodge  the  same  with  the  Committee  of 
the  Pay-Table. 

Resolved  hy  this  Assembly,  That  Hezekiah  Huntington 
and  Jabez  Hamlin,  Esq""^,  be  appointed  and  they  are  hereby 
appointed  Commissaries,  to  provide  on  the  most  advantageous 
terms  they  can,  on  the  account  of  this  Colony,  the  following- 
articles,  viz:  one  thousand  pair  large  shoes,  one  thousand 
pair  yarn  stockings,  one  thousand  shirts,  two  hundred  fifty 
great  coats  made  of  dulfels  or  such  like  cloth  and  cloth  suffi- 
cient for  two  hundred  and  fifty  coats  more,  two  hundred  fifty 
blankets,  five  hundred  pounds  chocolate,  five  thousand  pounds 


1758.]  OF    CONNECTICUT.  125 

sugar,  and  five  thousand  pounds  tobacco,  and  order  the  same 
to  be  transported  to  Albany  (with  an  invoice  of  the  prime 
cost  of  all  such  articles,)  to  be  delivered  to  the  commissary 
that  shall  he  appointed  by  this  Assembly  to  attend  the  army, 
taking  his  receipt  therefor ;  whicli  articles  said  commissaries 
shall  procure  to  be  transported  to  the  army  and  dispose  of  the 
same  to  the  soldiers  belonging  to  this  Colony  as  they  shall 
have  occasion  to  purchase,  keeping  an  exact  account  of  such 
articles  disposed  of  to  each  person  and  to  what  company 
such  person  belongs,  to  be  charged  to  the  soldiers  at  the 
advance  of  X12  per  cent,  from  the  prime  cost,  except  the 
sugar  and  tobacco,  which  shall  be  charged  to  them  at  £50 
per  cent,  advance  from  the  first  cost ;  which  account  the  com- 
missary shall  transmit  to  the  Committee  of  the  Pay-Table, 
who  are  directed  to  stop  the  same  out  of  the  wages  due  to 
said  soldiers  before  they  are  paid  off,  and  that  no  soldier  shall 
l)e  allowed  to  purchase  of  said  commissary  except  per  order 
from  his  captain  or  chief  officer  and  not  witli  such  order  to 
exceed  the  soldiers  wages.  And  whereas  some  other  articles 
may  be  found  necessary  for  the  soldiers  during  the  campaign, 
said  commissary  may,  upon  advice  of  the  regimental  officers 
there,  send  to  the  Committee  of  the  Pay-Table  an  account  of 
all  such  further  provisions  that  may  appear  to  them  to  be 
necessary,  and  upon  receipt  thereof  the  Committee  of  the 
Pay- Table,  if  they  think  proper  that  any  further  supplies  shall 
be  sent,  then  they  are  desired  to  advise  said  commissaries 
what  further  to  send,  and  they  are  dirqcted  to  purchase  and 
forward  them  accordingly. 

And  it  is  further  resolved..  That  said  commissary  shall 
settle  with  the  Committee  of  the  Pay-Table  for  all  such  goods 
as  shall  be  delivered  to  him  for  the  purpose  aforesaid,  and 
that  said  commissary  $hall  not  sell  any  goods  to  said  soldiers 
on  his  own  account. 

This  Assembly  appoints  Mr.  Asa  Spalding  Chaplain  to  the 
forces  stationed  at  Number  Four,  and  that  he  be  allowed  for 
said  service  the  sum  of  seven  pounds  per  month  for  the  space 
of  two  months. 

This  Assembly  do  appoint  Elisha  Lord  of  Norwich  Sur- 
geon, Gideon  Wells  of  Weathersfield  1st  Mate,  Daniel  Dwight 
of  Somers  '2d  Mate,  in  the  first  regiment. 
[  88  ]  Joseph  Clark  of  Milford  Surgeon,  Daniel  Porter  jun"" 
of  Waterbury  1st  Mate.  William  Whiting  ]mv  of  Norwich  2d 
Mate,  in  the  second  regiment. 

John  Bartlet  of  Lebanon  Surgeon,  David  Adams  of  Canter- 
bury 1st  Mate,  Benjamin  Pomroy  jun""  of  Hebron  2d  Mate,  in 
the  third  regiment. 


126  PUBLIC  RECORDS  [May, 

Gideon  Wells  of  Fairfield  Surgeon,  Silas  Baldwin  of  Derby 
1st  Mate,  John  Wood  jun""  of  Danbury  2d  Mate,  in  the  fourth 
regiment. 

And  desire  his  Honour  the  Governor  to  give  them  proper 
warrants  for  that  purpose.  And  in  case  any  of  the  above- 
named  gentlemen  shall  refuse  or  otherwise  shall  be  prevented 
of  going  into  said  service,  his  Honour  the  Governor  is  desired 
to  supply  any  vacancies  that  may  be  so  made. 

This  Assembly  appoints  Mr.  John  Williams  of  Norwich,  to 
be  a  Commissary  to  repair  to  Albany  to  receive  the  several 
articles  ordered  by  this  Assembly  for  the  soldiers  going  from 
this  Colony  in  the  present  campaign  and  to  dispose  of  them 
according  to  the  directions  of  this  Assembly.  And  in  case 
anytliing  should  happen  to  prevent  said  commissary  from 
prosecuting  said  business  l)y  reason  of  sickness  or  otherways, 
then  the  colonels  of  the  regiments  belonging  to  this  Colony 
are  directed  to  fill  up  said  vacancy  by  appointing  some  proper 
person  for  the  purpose.  And  for  the  encouragement  of  said 
commissary  there  shall  be  allowed  to  him  five  pounds  per 
month  during  the  time  he  continues  in  such  service. 

This  Assembly  appoints  the  following  gentlemen  to  be 
Armourers  in  the  regiments  raised  in  the  Colony  for  the 
present  campaign,  viz :  Eleazer  Done  of  Mansfield  for  the 
1st  regiment,  Nathan  Bayly  of  Groton  for  the  2d  regiment. 
Wait  Deming  of  Goshen  for  the  od  regiment,  Isaac  Doolittle 
of  New  Haven  for  the  4th  regiment.  And  in  case  any  of 
said  armourers  should  fail  of  undertaking  said  service,  the 
colonel  of  that  regiment  to  which  said  armourer  was  appointed 
is  directed  to  fill  up  said  vacancy.  And  for  the  encourage- 
ment of  such  armourers  as  shall  undertake  said  service  and 
provide  themselves  with  all  proper  tools  for  carrying  on  said 
business  shall  be  allowed  six  pounds  per  month. 

Resolved  hy  this  Asse^nbly,  That  there  be  allowed  to  Phineas 
Lyman,  Esq"",  the  sum  of  five  pounds  per  month  in  addition  to 
his  wages  already  granted  as  he  is  major-general  of  the  forces 
going  from  this  Colony  for  the  next  campaign. 

This  Assembly  grants  to  Phineas  Lyman,  Esq'',  major-gen- 
eral of  the  forces  raised  in  this  Colony  for  invading  Canada 
<fec.  and  colonel  of  the  first  regiment  in  said  forces,  the  sum 
of  fifteen  pounds  in  addition  to  the  sum  granted  him  as  col- 
onel &c.  by  the  Assembly  in  March  last,  to  furnish  his  tent 
and  table  and  for  the  decent  reception  and  support  of  tlie 
chaplain  of  the  regiment. 

RcHolved  by  this  Asscudi/y,  That  there  be  paid  out  of  the 
public  treasury  of  this  Colony  the  sum  of  twenty  pounds  law- 


1758.]  OF     CONNECTICUT.  127 

ful  money  to  Major  Israel  Putnam,  as  a  reward  for  his  extra- 
ordinary services  in  the  two  last  years  campaigns ;  and  the 
Treasurer  of  this  Colony  is  hereby  ordered  to  pay  the  same 
accordingly. 

Whereas  the  gentlemen  appointed  by  this  Assembly  at 
their  sessions  in  March  last  to  be  assisting  to  his  Honour  the 
[89]  Governor  ||  in  collecting  the  most  material  facts  relative 
to  the  siege  and  surrendry  of  Fort  William  Henry  &c.  by 
reason  of  the  necessary  and  important  Inisiness  of  the  ensuing 
campaign  have  not  been  able  to  attend  said  service :  This 
Assembly  do  appoint  Ebenezer  Silliman,  Jonathan  Trumble, 
Joseph  Fowler  and  Eliphalet  Dyar,  Esq' %  to  be  assisting  to 
his  Honour  the  Governor  in  collecting  and  preparing  the 
same  for  the  purposes  recited  in  the  resolve  of  this  Assembly 
in  March  last. 

This  Assembly  constitutes  and  appoints  Jared  Ingersoll  of 
New  Haven,  Esq'',  to  be  Agent  or  Attorney  for  the  Governor 
and  Company  of  this  Colony,  to  appear  for  and  represent 
them  before  the  King's  Most  Excellent  Majesty,  or  any  of  his 
courts,  ministers  of  state  or  boards  of  audience  in  Great 
Britain,  in  all  such  matters  and  affairs  as  may  be  committed 
to  him  to  be  managed  there  by  order  and  direction  of  the 
Governor  and  Company  aforesaid  or  wlierein  they  areoi*  may 
be  concerned,  and  in  conjunction  with  Mr.  Agent  Partridge, 
now  residing  in  London,  or  by  himself  as  occasion  may  re- 
quire, to  solicit  for  a  reimbursement  of  the  expences  incurred 
on  the  part  of  this  Colony  in  carrying  on  tlie  late  as  well  as 
the  present  expedition,  and  to  observe  such  directions  and 
instructions  as  shall  from  time  to  time  be  given  him  by  this 
Assembly  relative  thereto,  and  also  as  shall  relate  to  such 
other  matters  as  shall  l)e  committed  to  him.  And  his  Hon- 
our the  Governor  is  desired  to  cause  a  proper  letter  of  pro- 
curation or  agency  to  be  made  out  under  the  pul)lic  seal  of 
this  Colony  to  the  said  Jared  Ingersoll,  Esq'',  accordingly,  to 
be  signed  by  his  Honour  and  the  Secretary,  in  the  name  and 
on  behalf  of  the  Governor  and  Company  of  this  Colony.* 

*  Instructions  to  Jared  Ingersoll,  Esq.  appointed  Agent  for  the  Governor  and 
Company  of  the  Colony  of  Connecticut,  at  the  Court  of  Great  Britain. 

I  St.  You  are  with  all  convenient  speed  to  embrace  the  first  safe  and  good 
opportunity  to  embark  for  England,  and  there  to  transact  on  behalf  of  this 
Colony  in  all  the  affairs  and  concerns  thereof,  joyntly  or  severally  with  Richard 
Partridge,  of  London,  Esq.,  who  hath  long  acted  in  the  same  capacity;  and  to 
apply  10  him  for  all  such  papers  as  therein  you  shall  have  occasion  for,  and  to 
exercise  your  best  skill  and  prudence  in  all  things  committed  to  you,  to  promote 
our  service  and  interest. 

2ly.  You  are  to  represent  the  state  of  this  Colony  in  every  needful  respect, 
especially  what  share  and  burden  it  hath  sustained  for  the  defence  and  security 


128  PUBLIC   RECORDS  [May, 

This  Assembly  grants  to  Jared  Ingersoll,  Esq"",  a  salary  of 
one  hundred  and  fifty  pounds  sterling  fer  annum  as  Agent  of 
this  Colony  at  the  Court  of  Great  Britain,  to  commence  from 
the  first  day  of  June  1758,  and  to  be  continued  during  his 
service  in  that  post,  and  to  pay  all  his  reasonable  expences 
there  and  on  his  voyage  to  London  and  in  his  return  home, 
the  article  of  cloathing  excepted. 

This  Asseml)ly  desire  and  impower  his  Honour  the  Gover- 
nor to  draw  a  bill  of  exchange  on  Richard  Partridge  of  Lon- 
don, Esq'",  for  such  sum  as  his  Honour  shall  think  needful, 
not  exceeding  the  sum  of  three  hundred  pounds  sterling, 
payable  to  Jared  Ingersoll,  Esq"",  for  his  expences  during  his 
stay  in  Great  Britain  to  transact  our  affairs  as  agent  there, 
to  be  settled  with  Mr.  Partridge  on  account  of  the  money  now 
in  his  hands  belonging  to  this  Colony,  together  with  a  letter 
of  advice  thereof  and  recommendation  of  said  Mr.  Ingersoll 
who  is  sent  by  this  Colony  to  joyn  with  him  in  soliciting  and 
transacting  our  affairs  there. 

This  Assembly  appoint  and  impower  Richard  Partridge  of 
the  City  of  London,  Esq"",  Agent  and  Attorney  for  the  Gov- 
ernor and  Company  of  this  Colony,  to  solicit  for  and  receive 

of  his  Majesty's  territories  in  these  parts  ;  the  weight  and  burden  of  expences 
oceasioned  lij  the  present  war  ;  the  chearfnlness  and  ahtcrity  always  shewn  to 
comply  with  all  his  Majesty's  requisitions,  and  especiHlly  to  promote  and  forward 
to  the  utmost  the  extensive  plan  laid  by  his  Majesty  for  securing  the  territories 
in  North  America,  for  invadinjjj  Canada  and  carrying  war  into  the  heart  of  his 
enemies'  possessions  this  present  year;  and  to  use  the  best  means  and  methods 
to  obtain  such  reimbursements  for  the  great  expences  incurred  thereby,  as  our 
vigorous  exertions  in  the  service  may  ajipear  to  merit,  and  our  difficult  (;ircum- 
stances  thereby  occasioned  do  require. 

3ly.  You  are  to  take  prudent  care  of  the  affair  of  the  Mohegan  Indians,  to 
prevent  any  further  proceedings  in  that  ease. 

4]y.  You  are  to  take  due  care  of  our  iuierest  with  relation  to  the  four  towns 
challenged  by  the  Massachusetts  Bay,  and  which  lye  south  of  the  line  between 
the  two  gorernments,  that  no  injury  be  done  to  us  therein,  and  that  all  disputes 
about  it  may  be  prevented. 

Sly.  You  are,  as  occasion  may  require,  to  represent  the  whole  transactions 
relating  to  the  Spanish  ship  St.  Joseph  and  St.  Helena,  and  her  cargo,  which 
doubt  not  when  truly  known  will  set  us  in  a  favourable  light  on  that  head. 

61y.  You  are  to  advise  with  and  consult  council  learned  in  the  law  in  any 
case  wherein  there  is  occasion  ;  and  in  all  things  wherein  you  transact  for  the 
Colony  you  are  to  take  such  advice  and  assistance  in  all  the  measures  and  steps 
thereof  as  you  shall  judge  prudent  and  likely  to  promote  our  interest. 

7thly.  You  arc  to  transmit  from  time  to  time  accounts  of  all  your  proceed- 
ings, and  everything  done  thereon  relative  to  our  affairs,  by  every  convenient 
opportunity  after  your  arrival  at  Great  Britain,  and  to  observe  such  further 
instructions  as  shall  hereafter  he  given  you  by  this  Assembly. 

Colony  of  Coniiecticut,  w.  General  Assembly,  May,  17.58. 

In  the  Upper  Hoiipe:  The  foregoini;  iiistructioris  to  Mr.  Agent  Ingersoll  are  api>roved, 
and  the  Secretary  of  this  Colony  is  directed  to  deliver  a  copy  thereof  to  him  before  his 
departure  from  hence.  Test.  (Seokge  Wyllys  Secr'y. 

Concurred  in  the  Lower  House, 

Test  Jz,  Huntington,  Clerk. 
War,  s,  381. 


1758.]  OF    CONNECTICUT.  129 

all  such  sum  and  sums  of  money  as  maj  be  granted  or  ordered 
this  Colony  on  account  of  victualling  the  troops  raised  in  this 
Colony  for  the  expedition  against  Crown  Point  in  the  year  of 
our  Lord  1756,  and  to  give  proper  receipts  therefor  in  behalf 
of  said  Governor  and  Company.  And  it  is  hereby  ordered, 
that  a  proper  instrument  of  procuration  or  letter  of  attorney 
be  made  out  in  the  name  of  said  Governor  and  Company 
under  tlie  public  seal  and  signed  by  the  Governor  and  Secre- 
tary of  this  Colony,  fully  impowering  the  said  Richard  Par- 
tridge, Esqs  for  the  purpose  aforesaid.  And  the  said  Richard 
Partridge,  Esq"",  is  hereby  directed  on  receipt  of  such  money 
to  send  the  one  half  of  it  to  said  Governor  and  Company  the 
first  good  opportunity  he  may  have  safely  to  convey  the  same 
[  90  ]  II  at  a  moderate  insurance,  and  the  other  half  to  reserve 
in  his  hands  to  be  disposed  of  according  to  such  other  or  fur- 
ther orders  as  he  shall  from  time  to  time  receive  from  this 
Assembly  for  that  purpose. 

The  Hon'^ie  William  Pitkin,  Esq--,  John  Chester  and 
George  Wyllys,  Esq'^s  are  appointed  a  committee,  they  or 
any  two  of  them,  to  sell  the  one  half  of  such  sum  or  sums  of 
money  as  is  or  shall  be  granted  or  ordered  by  Parliament  or 
otherwise  to  this  Colony  on  account  of  victualling  the  troops 
raised  in  the  Colony  for  an  expedition  against  Crown  Point 
anno  1756,  as  soon  as  certain  intelligence  is  had  that  said 
money  is  in  the  hands  of  Mr.  Partridge.  And  said  committee 
is  hereby  directed  to  sell  the  same  for  the  full  value  thereof 
in  silver  or  gold  or  bills  of  this  Colony  to  any  person  or  per- 
sons that  shall  appear  to  purchase  the  same  and  pay  the  value 
thereof,  as  aforesaid,  into  the  treasury  of  this  Colony.  And 
when  such  contract  is  made  and  the  money  or  bills  aforesaid 
paid  into  the  treasury  as  aforesaid,  and  the  Treasurer's  receipt 
produced  to  said  committee  in  evidence  thereof,  said  commit- 
tee is  directed  to  lodge  the  same  with  the  Secretary  of  the 
Colony  and  make  a  proper  certificate  thereof  to  his  Honour 
the  Governor,  and  on  receipt  of  such  certificate  his  Honour  is 
desired  to  draw  proper  bills  of  exchange  on  the  said  Mr.  Par- 
tridge in  favour  of  such  purchaser  or  purchasers  for  the  pay- 
ment of  such  sum  or  sums  as  he  or  they  shall  have  purchased 
as  aforesaid. 

Resolved  hy  this  Assembly^  That  David  Rowland,  Esq"",  be 
appointed,  and  he  is  hereby  appointed,  to  proceed  to  Albany 
with  Jolni  Ledyard,  to  make  application  for  the  money  due 
for  billeting  and  carriages  supply'd  the  troops  of  this  govern- 
ment last  year,  and  also  to  transact  such  further  and  other 
17 


130  PUBLIC  RECOEDS  [May, 

business  as  they  may  have  in  charge  on  the  behalf  of  this 
government. 

Considering  the  awful  aspect  of  Divine  Providence  on  the 
protestant  nations,  and  particularly  on  our  nation  and  land 
in  the  calamitous  and  threatning  progress  of  a  destructive 
war :  Resolved  by  this  Assembly,  that  his  Honour  the  Gov- 
ernor be  desired  to  issue  a  Proclamation  for  the  observation 
of  a  day  of  Fasting  and  Prayer  throughout  this  government, 
suitable  to  such  important  and  interesting  events  and  prospects. 

This  Assembly  appoints  Captain  Edward  Allen  to  be  Major 
of  the  second  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Prince  Aldin  to  be  Quarter- 
Master  of  the  troop  of  horse  in  the  3d  regiment  in  this  Colony, 

This  Assembly  do  establish  Mr.  Samuel  Wells  jun"",  to  be 
Captain  of  the  5th  company  or  trainband  in  the  town  of 
Hartford, 

This  Assembly  do  establish  Mr,  David  Hills  .lun"",  to  be 
Lieutenant  of  the  5th  company  or  trainband  in  the  town  of 
Hartford. 

This  Assembly  do  establish  Mr.  Thomas  Wadsworth  to  be 
Ensign  of  the  6th  company  or  trainband  in  the  town  of 
Hartford. 

This  Assembly  do  establish  Mr.  John  Chamberlain  to  be 
Captain  of  the  first  troop  of  horse  in  the  12th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Daniel  Brainard  to  be 
Lieutenant  of  the  first  troop  of  horse  in  the  12th  regiment 
in  this  Colony, 

This  Assembly  do  establish  Mr.  Oliver  Buckley  to  be  Cor- 
net of  the  first  troop  of  horse  in  the  12th  regiment  in  this 
Colony, 

This  Assembly  do  establish  Mr.  Samuel  Gates  to  be  Quar- 
ter-Master of  the  first  troop  of  horse  in  the  12th  regiment  in 
this  Colony, 

This  Assembly  do  establish  Mr,  Bevil  Seymour  to  be  Lieu- 
tenant of  the  10th  company  or  trainband  in  the  6th  regiment 
in  this  Colony, 

This  Assembly  do  establish  Mr.  Charles  Hurlburt  to  be 
Ensign  of  the  10th  company  or  trainband  in  the  6th  regiment 
in  this  Colony. 

[  91  ]  This  Assembly  do  establish  Mr.  John  Hungerford  to 
be  Captain  of  tlie  company  or  trainband  in  the  parish  of  New 
Cambridge  in  the  town  of  Farmington. 

This  Assembly  do  establish  Mr.  Josiah  Lewis  to  be  Lieu- 
tenant of  the  company  or  trainband  in  the  parish  of  New 
Cambridge  in  the  town  of  Farmington, 


1758.]  OF    CONNECTICUT.  131 

This  Assembly  do  establish  Mr.  Zebulon  Peck  to  be  Ensign 
of  the  company  or  trainband  in  the  parish  of  New  Cambridge 
in  the  town  of  Farmington. 

This  Assembly  do  establish  Mr.  Joseph  Olmsted  to  be  Cap- 
tain of  the  2d  company  or  trainband  in  the  town  of  Enfield. 

This  Assembly  do  establish  Mr.  John  Mallary  to  be  Lieu- 
tenant of  the  3d  company  or  trainband  in  the  town  of  Wood- 
bury. 

This  Assembly  do  establish  Mr.  David  Orcut  to  be  Lieuten- 
ant of  the  7th  company  or  trainband  in  the  5th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Caleb  Chapman  to  be  Cai> 
tain  of  the  north  company  or  trainband  in  the  1st  society  in 
the  town  of  East  Haddam. 

This  Assembly  do  establish  Mr.  John  Perseval  to  be  Lieu- 
tenant of  the  north  company  or  trainband  in  the  1st  society 
in  the  town  of  East  Haddam. 

This  Assembly  do  establish  Mr.  Joshua  Brainard  to  be 
Ensign  of  the  north  company  or  trainband  in  the  1st  society 
in  the  town  of  East  Haddam. 

This  Assembly  do  establish  Mr.  George  Griswold  to  be  Cap- 
tain of  the  5th  company  or  trainband  in  the  town  of  Windsor. 

This  Assembly  do  establish  Mr.  Moses  Griswold  to  be  En- 
sign of  the  5th  company  or  trainband  in  the  town  of  Windsor. 

This  Assembly  do  establish  Mr.  Richard  Bristol  to  be  Lieu- 
tenant of  the  6th  company  or  trainband  in  the  2d  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Nathan  Clark  to  be  En- 
sign of  the  6th  company  or  trainband  in  the  2d  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Joseph  Hickox  to  be 
Ensign  of  the  2d  company  or  trainband  in  the  town  of 
Woodbury. 

This  Assembly  do  establish  Mr.  Hezekiah  DeForest  to  be 
Cornet  of  the  troop  of  horse  in  the  9th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Nehemiah  Gruman  to  be 
Quarter-Master  of  the  troop  of  horse  in  the  9th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Samuel  Lefftngwell  the  3d 
to  be  Captain  of  the  1st  company  or  trainband  in  the  town  of 
Norwich. 

This  Assembly  do  establish  Mr.  Samuel  Abbot  to  be  Lieu- 
tenant of  the  1st  company  or  trainband  in  the  town  of 
Norwich. 

This  Assembly  do  establish  Mr.  Zechariah  Huntington  to 


132  PUBLIC   RECORDS  [May, 

be  Ensign  of  the  1st  company  or  trainband  in  the  town  of 
Norwich. 

This  Assembly  do  establish  Mr.  John  Peters  to  be  Lieuten- 
ant of  the  company  or  trainband  in  the  parish  of  Gilead  in 
the  town  of  Hebron. 

This  Assembly  do  establish  Mr.  Benjamin  Trumble  to  be 
Ensign  of  the  company  or  trainband  in  the  parish  of  Gilead 
in  the  town  of  Hebron. 

This  Assembly  do  establish  Mr.  William  Bolt  to  be  Lieu- 
tenant of  the  company  or  trainband  in  the  parish  of  Canaan. 

This  Assembly  do  establish  Mr.  Jonathan  Huested  to  be 
Ensign  of  the  company  or  trainband  in  the  parish  of  Canaan. 

This  Assembly  do  establish  Mr.  Henry  Green  to  be  Captain 
of  the  3d  company  or  trainband  in  the  town  of  Killingsly. 

This  Assembly  do  establish  Mr.  Thomas  Whitmore  to  be 
Lieutenant  of  the  3d  company  or  trainband  in  the  town  of 
Killingsly. 

This  Assembly  do  establish  Mr.  John  Chamberlin  to  be 
Lieutenant  of  the  15th  company  or  trainband  in  the  11th 
regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Joseph  Beecher  to  be  En- 
sign of  the  10th  company  or  trainband  in  the  2d  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  David  Benedict  to  be  En- 
sign of  the  1st  company  or  trainband  in  the  town  of  Norwalk. 

This  Assembly  do  establish  Mr.  Thomas  Starr  to  be  En- 
sign of  the  3d  company  or  trainband  in  the  town  of  Danbury. 
[92]  This  Assembly  do  establish  Mr.  Josiah  Starr  junr,  to 
be  Captain  of  the  1st  company  or  trainband  in  the  town  of 
Danbury. 

This  Assembly  do  establish  Mr.  Comfort  Hoit  to  be  Lieu- 
tenant of  the  1st  company  or  trainband  in  the  town  of  Dan- 
bury. 

This  Assembly  do  establish  Mr.  Thomas  Benedict  jun'',  to 
be  Ensign  of  the  1st  company  or  trainband  in  the  town  of 
Danbury. 

This  Assembly  do  establish  Mr.  Benjamin  Mead  jun^,  to  be 
Ensign  of  the  westermost  company  or  trainband  in  the  town 
of  Greenwich. 

This  Assembly  do  establish  Mr.  Elisha  Miller  to  be  Cap- 
tain of  the  2d  company  or  trainband  in  the  town  of  Lyme. 

This  Assembly  do  establish  Mr.  Stephen  Smith  to  be  Lieu- 
tenant of  the  2d  company  or  trainband  in  the  town  of  Lyme. 

This  Assembly  do  establish  Mr.  Nathaniel  Hoit  to  be 
Lieutenant  of  the  3d  company  or  trainband  in  the  town  of 
Danbury. 


1758.]  OF    CONNECTICUT.  133 

This  Assembly  do  establish  Mr.  Abel  Wright  to  be  Captain 
of  the  north  company  or  trainband  in  the  town  of  New 
Fairfield. 

This  Assembly  do  establish  Mr.  Joseph  Giddings  to  be 
Lieutenant  of  the  north  company  or  trainband  in  the  town 
of  New  Fairfield. 

Resolved  by  this  Assembly,  That  all  owners  of  horses  or 
furniture  used  in  the  late  alarm  and  still  missing  (which  have 
been  or  hereafter  may  be  apprized  by  persons  best  knowing 
to  their  value,  under  oath,)  may  at  any  time  before  the  first 
day  of  August  next,  and  not  after,  exhibit  proper  evidence  of 
such  use,  apprizement  and  loss,  to  the  Committee  of  the  Pay- 
Table,  who  are  hereby  directed  to  draw  orders  on  the  Colony 
Treasurer  for  payment  for  all  such  of  them  as  they  shall  find 
to  have  been  duly  described  according  to  the  resolve  of  this 
Assembly  in  October  last  or  at  any  time  before  the  first  day 
of  January  last,  and  whose  owners  appear  not  to  have  had 
opportunity  by  reasonable  care  to  have  received  them  again. 

And  it  is  further  resolved,  That  all  such  of  said  missing 
horses  and  furniture  as  be  still  remaining  in  the  hands  of  any 
of  the  inhabitants  of  this  government  be  by  the  selectmen  of 
the  towns  where  they  are  forthwith  duly  advertized  and  sold 
at  public  vendue,  and  that  the  moneys  on  such  sale  arising 
(the  charge  of  keeping,  selling  &c.  first  deducted)  be  de- 
livered to  the  Treasurer  of  the  Colony  for  this  government's 
use,  taking  his  receipt  thereof  and  lodging  the  same  with 
the  Secretary ;  and  that  a  sufficient  number  of  copies  of  this 
resolve  be  forthwith  printed,  sent  into  and  publisht  in  the 
several  towns  in  this  Colony. 

Whereas  sundry  complaints  have  been  exhibited  to  this 
Assembly  by  some  of  the  troops  of  horse  in  this  Colony,  with 
respect  to  certain  priviledges  and  immunities  formerly  by 
them  enjoyed  and  now  deprived  of :  In  order  effectually  to 
quiet  said  troops  as  to  their  complaints  &c. 

Resolved  by  this  Assembly,  That  any  person  belonging  to 
any  troop  in  this  Colony  have  liberty  to  cause  himself  to  be 
enrolled  in  the  military  foot  company  within  the  limits  of 
which  he  dwells,  and  on  his  so  doing,  and  producing  a  certifi- 
cate thereof  from  the  captain  or  chief  officer  of  such  foot 
company  to  the  captain  or  chief  officer  of  the  troop  to  which 
he  belongs,  every  such  person  shall  be  freed  and  discharged 
from  such  troop  and  be  thenceforward  only  liable  to  do  duty 
in  the  foot  service :  provided  the  same  be  done  any  time 
before  the  first  day  of  October  next ;  and  that  each  and  every 
captain  of  said  troops  send  returns  to  the  General  Assembly 


134  PUBLIC  RECORDS  [May, 

in  their  sessions  in  October  next  of  the  state  of  their  troops, 
viz :  the  number  enrolled  into  the  foot  and  of  what  shall  then 
remain  in  their  respective  troops,  for  the  further  ordering  of 
said  Assembly ;  and  that  the  Secretary  of  this  Colony  send  a 
copy  of  this  resolve  to  each  of  the  captains  of  said  troops,  that 
the  same  may  be  made  public. 

[93J  The  Sum  Total  of  Additions  sent  in  by  the  Listers  from  the  several 
Towns  in  the  Colony,  May  1 758. 

Single  additions.  Fourfold  assessments. 

-X     89     0     0 


Lebanon, 

£  340     7 

0 

Canterbury, 

441     5 

0 

Mansfield, 

188  19 

6 

East  Haddam, 

683     7 

6 

Pomfret, 

560     0 

0 

Canaan, 

125     6 

0 

Windham, 

93  11 

2 

A-shford, 

130     0 

0 

Litchfield, 

85     8 

0 

Woodstock, 

1469     0 

0 

W  oodbury. 

440  14 

10 

Danbury, 

434     0 

0 

Stonington, 

773     6 

0 

New  Hartford, 

326     7 

0 

Darby, 

113     2 

6 

Newtown, 

185  15 

6 

Killingsly, 

915  10 

0 

Sharon, 

47     0 

0 

Salisbury, 

849     7 

6 

Branford, 

2169  11 

9 

New  Milford, 

624     1 

0 

Bolton, 

12     0 

0 

Stanford, 

366     4 

1 

Goshen, 

69  11 

0 

Hebron, 

1398     0 

0 

Saybrook, 

1512  15 

5 

Ridgfield, 

579  15 

3 

Fairfield, 

1560  12 

0 

Voluntown, 

64  12 

0 

Colchester, 

487     2 

0 

W  aterbury. 

505  18 

6 

Windsor, 

727     2 

0 

Killingworth, 

185     6 

1 

Preston, 

519     7 

6 

Lyme, 

1815     6 

3 

Suf^eld, 

645     0 

0 

Stratford, 

3854     2 

0 

127     4 

0 

143  12 

0 

78     8 

0 

28     0  0 

25  11  0 

182  16  0 

821  12  0 


255  12     0 


54  12 

0 

173  12 

0 

203    5 

0 

10  16 

0 

1276     5 

8 

72     0 

0 

94     6 

0 

16  16 

0 

17  12 

0 

158     5 

0 

390     8 

0 

495  16 

0 

246     8     0 


1758.]  OF    CONNECTICUT.  135 

Single  additions.  Fourfold  assessments. 

Norwalk,  £585     0  0  -  -        -  £  427  16     0 

Groton,  742  18  6  -  -        -    1582    5     0 

Kent,  500     7  0  - 

Greenwich,  473     8  6  -  -        -      585  12     0 

Tolland,  278     8  0  -  -        -      280  12     0 

Famiington,  543  16  0  -  -        -      708     6     0 

Milford,  721  15  0  - 

Enfield,  177  13  0  - 

Haddam,  521  14  0  -  ,    - 

Guilford,  314  12  2  -  -        -       337  12     0 

Weathersfield,  2791  14  6  -  -        -      851     8     0 

Norwich,  408     5  0  -  -        -       959     4     0 

New  London,  231     0  0  - 

Glassenbury,  315     4  6- 

Wallingford,  1428  19  0  -  -        -       569     4     0 

Symsbury,  198     0  0  - 

Coventry,  290     3  6  -  -        -      900  11     0 

Hartford,  1921     7  0  -  -        - 

New  Haven,  1299     1  6  -  -        -     2201  15     0 

Whereas  the  sum-total  of  the  general  list  of  the  town  of 
Killingiy  for  the  year  1757  was  brought  in  and  accepted  in 
the  Lower  House  in  October  last,  but  by  mistake  was  not 
entred  on  record  in  the  Secretaries  oflRce  nor  transmitted  to 
the  Treasurer  of  this  Colony :  Resolved  by  this  Asseml)ly, 
that  the  sum-total  of  said  general  list  of  said  town  of  Kil- 
lingiy for  the  year  11 51 ,  viz:  which  is  the  sum  of  £23095 
7s.  Od.  be  now  entred  on  record  in  the  Secretaries  office  and 
a  copy  thereof  transmitted  to  the  Treasurer  of  this  Colony 
together  with  the  additions  and  fourfold  assessments  sent  in 
to  this  Assembly  by  the  listers  of  said  town. 

[s94]  Resolved  hy  this  Assembly^  That  the  Secretary  of  this 
Colony  be  directed,  and  he  is  hereby  directed  and  ordered,  to 
send  to  the  towns  of  New  Fairfield  and  Cornwall  to  transmit 
their  respective  lists  duly  authenticated  to  the  General  As- 
sembly to  be  holden  at  New  Haven  in  October  next. 

Resolved  hy  this  Assembly^  That  Messrs.  Joseph  Pitkin, 
Joseph  Buckingham,  John  Ledyard,  William  Pitkin  jun',  and 
John  Lawrence,  be  a  committee  to  audit  the  Colony's  ac- 
counts with  the  Treasurer,  which  committee  shall  take  tlie 
oath  appointed  by  law  therefor ;  and  they  are  hereby  directed 
to  receive  of  the  Treasurer  all  the  bills  of  January  emission 
brought  in  by  rates  or  otherwise,  and  carefully  examine  and 
count  the  same,  and  having  so  done  to  burn  and  consume  the 
same  to  ashes,  and  give  their  receipt  to  the  Treasurer  there- 


136  PUBLIC  RECORDS  [May, 

for.  And  they  are  further  directed  to  receive  of  the  Treas- 
urer all  such  bills  of  the  old  or  middle  tenor  of  this  Colony, 
brought  in  for  exchange,  being  true  bills,  and  burn  and 
consume  the  same  to  ashes,  and  give  their  receipt  to  the 
Treasurer  therefor;  and  also,  to  settle  and  adjust  the  rate 
account  and  the  Treasurer's  account  of  disbursements,  and 
see  that  the  same  are  well  stated  and  well  avouched,  and 
make  return  of  their  doings  herein  to  this  Assembly  in 
October  next. 

Resolved  hy  this  Assembly,  That  Hezekiah  Huntington,  Gur- 
don  Saltonstal  and  Jabez  Hamlin,  Esq^s  or  any  two  of  them, 
be  a  committee  to  make  sale  of  the  Colony's  brigantine  Tar- 
tar ;  and  they  are  hereby  directed  to  sell  said  vessel  with  or 
without  the  warlike  stores  belonging  to  her,  as  they  shall 
judge  may  most  conduce  to  the  advantage  of  the  Colony  in 
such  sale.  And  if  such  sale  cannot  be  made,  then  said  com- 
mittee are  hereby  directed  to  charter  out  said  vessel  to  the 
best  advantage  of  said  Colony,  and  deliver  to  the  Treasurer 
of  this  Colony  such  sum  or  sums  of  money  as  they  shall  re- 
ceive either  from  the  sale  or  chartering  out  said  vessel,  and 
take  his  receipt  therefor  and  lodge  the  same  with  the  Secre- 
tary. And  said  committee  are  to  lay  the  accounts  of  their 
proceedings  herein  before  this  Assembly  at  their  sessions  in 
October  next. 

Resolved  hy  this  Assembly,  That  Col.  Stephen  Lee  be  ap- 
pointed and  he  is  hereby  authorized  and  impowered,  to  take 
into  his  care  the  Battery  at  New  London  and  the  stores 
thereto  belonging,  and  appoint  a  suitable  person  to  be  gunner 
thereof,  and  also  inlist  or  detach  twenty  suitable  men  near 
said  battery,  to  be  under  the  care  and  command  of  said  Col. 
Lee,  to  assist  in  said  battery ;  and  that  one  of  said  men  shall 
attend  in  their  turn  to  watch  and  ward  in  said  battery  till  the 
first  day  of  October  next ;  and  that  each  man  so  watching  and 
warding  shall  be  allowed  three  shillings  per  day  for  each  day 
he  shall  so  ward  and  watch,  and  that  said  Lee  shall  be  al- 
lowed for  his  service  the  sum  of  six  pounds,  and  that  said 
gunner  shall  be  allowed  for  his  service  the  sum  of  two  pounds. 

Resolved  by  this  Assembly,  That  the  Committee  of  the  Pay- 
Table  be  and  they  are  hereby  directed  and  impowered,  to 
settle  accounts  with  Jonathan  Trumble.  Esq%  respecting  the 
cloaths  supplied  by  him  to  the  rangers  at  Fort  Edward  and 
Number  Four  the  last  winter  by  order  of  the  General  Assem- 
bly in  October  last,  and  draw  orders  on  the  Treasurer  for  the 
payment  thereof  accordingly. 

This  Assembly  being  advised  that  the  road  or  way  now 


1758.]  OF    CONNECTICUT.  137 

often  travelled  from  and  thro'  the  towns  of  Symsbury,  New 
Hartford  and  Norfolk  to  and  thro'  the  norwestern  parts  of 
Canaan  towards  Albany,  is  in  many  respects  ill  chosen  and 
unfit  for  use,  and  that  some  new  and  better  road  thro'  said 
towns  or  some  of  them  or  the  towns  adjacent  may  be  prob- 
ably discovered,  more  direct  and  convenient  as  well  for  car- 
[  95  ]  riages  as  travelling,  to  the  great  accommodation  ||  and 
benefit  of  all  his  Majesty's  subjects,  and  especially  in  time  of 
war,  occasionally  travelling  or  marching  either  from  the 
eastern  or  central  parts  of  this  Colony:  It  is  thereupon 
resolved,  that  Col.  John  Pitkin  of  Hartford,  Mr.  Seth  Wet- 
more  of  Middleton,  Mr.  William  Wells  of  Glassenbury,  Col. 
David  Whitney  of  Canaan,  or  any  three  of  them,  be  and  they 
hereby  are  appointed  a  committee  as  soon  as  conveniently 
may  be,  to  repair  to  and  thro'  said  towns  (and  towns  adjacent 
if  need  be)  and  with  all  care  and  diligence  to  view  and 
observe  said  road  now  used,  and  also  with  the  utmost  care  to 
explore  and  find  out  how  and  where  any  other  shorter  or 
better  way,  in  whole  or  in  part,  may  be  practical)le ;  and  their 
full  description  thereof  with  their  opinion  thereon  to  make 
report  to  this  Assembly  in  their  sessions  at  New  Haven  in 
October  next. 

This  Assembly  being  informed  that  there  is  a  certain  piece 
of  land  belonging  to  this  government,  lying  in  the  parish  of 
Reading  in  the  township  of  Fairfield,  containing  as  is  said 
eight  acres  three  quarters  and  twenty  rods,  also  said  to  bound 
northeasterly  on  the  country  road  that  goes  from  Fairfield  to 
Danbury,  northwesterly  by  David  Knap's  land,  and  south- 
westerly by  land  belonging  to  the  heirs  of  Moses  Knap, 
deceased,  southeasterly  on  the  country  road  that  goes  from 
Newtown  to  Ridgfield,  and  it  is  thought  to  be  for  the  intrest 
of  the  government  to  sell  and  dispose  of  said  land  hj  vendue 
to  the  highest  bidder  :  Resolved  by  this  Assembly,  that  Eben- 
ezer  Silliman  and  Andrew  Burr,  Esq^^,  be  a  committee  to  sell 
said  land  at  public  vendue  to  the  highest  bidder  who  will 
either  pay  the  money  therefor  or  will  give  bonds  with  good 
sureties  to  the  acceptance  of  said  committee  to  pay  the  same 
to  the  Treasurer  of  this  Colony  with  the  lawful  interest  for 
the  same  at  or  before  the  first  day  of  May  next.  And  said 
committee  are  hereby  fully  authorized  and  impowered,  to 
make  and  execute  a  deed  or  deeds  of  conveyance,  in  the  name 
and  on  behalf  of  the  Governor  and  Company  of  this  Colony, 
of  said  land  to  such  purchaser  or  purchasers,  as  also  to  re- 
ceive the  money  or  bonds  payable  as  aforesaid,  and  the  same 
lb 


138  PUBLIC  RECORDS  [May, 

to  deliver  to  the  Treasurer  of  this  Colony  and  take  his  receipt 
therefor,  and  the  same  lodge  in  the  hands  of  the  Secretary. 

Whereas  it  is  apprehended  to  be  of  great  necessity  and 
conveniency  to  his  Majesty's  subjects,  to  have  two  boats  con- 
stantly kept,  under  proper  regulations,  at  Hartford  ferry,  and 
that  proper  measures  may  be  taken  by  this  Assembly  for  that 
purpose:  Resolved  by  this  Assembly,  that  the  town  of  Hart- 
ford, as  also  John  Jones  and  Benjamin  Bigelow  the  present 
ferrymen,  be  notified  to  appear  at  the  General  Assembly  of 
this  Colony  at  their  sessions  in  October  next  and  be  heard  on 
the  premises,  if  they  see  cause.  And  the  Secretary  is  hereby 
ordered  to  cause  a  copy  of  this  resolve  to  be  left  with  the 
town-clerk  of  said  Hartford  and  likewise  with  said  Jones  and 
Bigelow  at  least  twelve  days  before  the  setting  of  said  Assem- 
bly in  October  next. 

Whereas  it  is  thought  necessary  for  the  public  good  and 
benefit,  that  there  be  a  boat  kept  on  the  east  side  of  Stratford 
Ferry  River,  so  called,  tor  the  transportation  of  travellers  &c. 
across  said  river  on  the  country  or  post-road,  and  that  the 
same  be  done  as  soon  as  conveniently  it  may  be :  Resolved 
by  this  Assembly,  that  the  towns  of  Milford  and  Stratford, 
and  also  Mr.  Josiah  Curtis  of  Stratford  that  tends  the  ferry 
on  the  west  side  said  river,  be  notified  thereof,  and  that  they 
appear  before  this  Assembly  in  their  session  at  New  Haven 
in  October  next,  if  they  or  any  of  them  see  meet,  to  shew 
reason,  if  any  be,  why  such  boat  should  not  be  kept  at  said 
place.  And  for  such  notice  the  Secretary  is  hereby  directed 
to  send  an  attested  copy  of  this  act  to  the  town-clerk  of  each 
of  said  towns  and  to  the  said  Mr.  Curtiss. 

This  Assembly  doth  appoint  Ashbel  Porter  of  Waterbury  to 
be  a  Surveyor  of  Lands  in»the  county  of  New  Haven. 

This  Assembly  appoints  Mr.  David  Ferriss  of  New  Milford 
a  Surveyor  of  Lands  for  the  county  of  Litchfield,  in  the  room 
of  Roger  Sherman,  Esq'',  who  has  resigned  that  trust. 

Whereas  an  information  hath  been  exhibited  by  the  attorney 
for  our  Lord  the  King  against  Phineas  Cook,  of  Wallingford 
in  the  county  of  New  Haven,  mariner,  giving  this  Assembly 
to  understand  that  the  said  Phineas  Cook  wickedly  contriv- 
ing and  intending  to  disburthen  himself  of  the  care  and  charge 
of  one  Robert  Cromwell,  a  poor,  helpless,  decrepid  boy,  an 
apprentice  to  the  said  Phineas  for  a  term  not  yet  expired,  did  on 
[  96]  or  about  the  10th  day  of  September  A.  D.  1755,  ||  at  Wal- 
lingford aforesaid,  take  the  said  Robert,  transport  him  to  Long 
Island  in  the  Province  of  New  York,  and  there  compelled  and 
left  him  on  shore  in  a  helpless  and  suffering  condition  on  a 


1758.].  OP    CONNECTICUT.  139 

desolate  point  of  said  island  remote  from  inhabitants,  where 
he,  the  said  Robert,  was  afterwards  discovered,  sent  back  to 
the  town  of  Greenwich  in  this  Colonv,  where  he  has  been 
ever  since  at  the  government's  charge  &c.,  against  the  peace 
Sic.  And  the  said  Phineas  Cook  having  been  brought  before 
this  Assembly  and  fully  heard,  together  with  the  evidences 
relative  to  the  said  matters  in  said  information,  and  found 
guilty  as  therein  is  set  forth :  It  is  therefore  ordered  and  de- 
creed by  this  Assembly,  that  the  said  Phineas  Cook  shall  pay 
to  the  Treasurer  of  this  Colony  the  sum  of  £69  10s.  Od.  lawful 
money  for  the  charges  already  expended  by  the  government 
for  the  support  and  relief  of  the  said  Robert  Cromwell  under 
his  helpless  and  decrepit  circumstances  since  he  was  sent 
back  in  this  Colony  as  aforesaid,  and  also  pay  the  cost  of  this 
prosecution  allowed  to  be  X3  9.S'.  8d.  And  it  is  further 
ordered  and  decreed,  that  the  said  Phineas  Cook  shall  become 
bound  unto  the  Treasurer  of  this  Colony  with  sufficient  sure- 
ties in  the  sum  of  £500  lawful  money,  with  condition  that  he 
shall  from  time  pay  all  future  costs  and  charges  that  shall 
accrue  for  the  maintenance,  support  and  relief  of  the  said 
Robert  Cromwell  until  such  time  as  this  Assembly  shall  order 
otherways.  And  he  shall  stand  committed  till  this  sentence 
and  decree  be  complied  with. 

Whereas  on  presentment  made  by  the  grand-jurors  of  the 
town  of  Waterbury  to  Thomas  Matthews  of  said  town,  Esq"", 
a  justice  of  the  peace  for  New  Haven  county,  of  one  Daniel 
Scot  of  the  same  Waterbury,  against  him  informing  and  com- 
plaining that,  on  the  4th  day  January  1758,  he,  said  Scot, 
had  in  said  town  wickedly  uttered,  publisht  and  declared  cer- 
tain false,  opprobrious  and  scandalous  words  and  expressions 
in  contempt  of  his  Honour  the  Governor  and  the  General  As- 
sembly of  this  Colony ;  he,  the  said  Justice  Matthews,  him,  the 
said  Scot,  causing  to  come  before  him  on  cognizance  of  said 
complaint  taken  and  examination  of  him  duly  had  on  the 
2d  of  May  then  next,  thereupon  proceeded  to  order  him  to 
become  bound  &c.  and  he,  the  said  Scot,  in  compliance  with 
such  order  and  determination  then  and  there  before  said 
justice  entred  into  a  recognizance  of  £50  lawful  money,  pay- 
able to  the  Treasurer  of  this  Colony  on  his  failure  to  appear 
before  this  Assembly  &c.  all  which  at  large  on  file  appears ; 
and  he,  the  said  Daniel  Scot,  being  now  accordingly  three 
times  solemnly  called  to  appear  and  answer  to  said  complaint 
according  to  the  tenor  of  his  said  recognizance,  he  appeared 
not  but  altogether  made  default :  Whereupon  it  is  resolved  by 
this  Assembly,  that  the  said  recognizance  of  said  Daniel  Scot 


140  PUBLIC   RECORDS  [May, 

be  and  the  same  hereby  is  declared  forfeit  in  law,  and  that 
the  King's  attorney  for  the  county  of  Hartford  sue  out  a  writ 
of  scire  facias^  signed  by  the  Secretary,  against  him,  said 
Scot,  returnable  to  this  Assembly  in  its  sessions  at  New 
Haven  in  October  next,  duly  noticing  him  then  and  there  to 
appear,  to  shew  reason  wherefore  said  sum  of  £50,  the 
amount  of  said  forfeited  recognizance,  should  not  be  adjudged 
due  and  payable  to  said  Treasurer  and  execution  issue  to 
levy  the  same  according  to  law. 

Whereas  Benjamin  Allen  of  Windsor  preferred  his  mem- 
orial to  the  General  Assembly  in  May  1757,  representing 
therein  that  he  was  captain  of  a  company  in  an  expedition 
towards  Crown  Point  in  the  year  1756,  and  that  he  received 
several  orders  on  the  Treasurer  of  this  Colony  for  and  towards 
paying  the  first  months  wages  of  the  company  under  his  com- 
mand and  jalso  for  the  payment  of  the  sum  due  on  his  muster- 
roll  of  said  company,  and  that  said  Treasurer  refused  to  make 
full  payment  of  said  last-mentioned  order,  on  account  of  an 
over-payment  of  said  first  order  by  his,  said  Treasurer's, 
mistake ;  praying  said  Assembly  would  appoint  a  committee 
to  adjust  said  affair  and  make  report  thereon  ;  and  thereupon 
Messrs.  Thomas  Wells  and  Jabez  Hamlin,  Esq''^  were  by  said 
Assembly  appointed  to  enquire  into  the  matters  alledged  in 
said  representation  and  make  report  &c. ;  and  accordingly 
said  Wells  and  Hamlin  enquired  into  said  affair,  heard  the 
said  Allen  and  Joseph  Talcott,  Esq%  Treasurer,  on  the  mat- 
ters contained  in  said  representation,  and  have  exhibited 
their  report  under  their  hands  to  this  Assembly,  that  the  said 
Treasurer  had  paid  to  the  said  Allen  more  than  said  orders 
[97]  the  sum  of  twenty-five  ||  pounds  seventeen  shillings  and 
nine  pence  three  farthings,  as  by  said  report  appears  ;  and 
now  the  said  Allen  and  said  Talcott  being  fully  heard  by  this 
Assembly  for  and  against  the  acceptance  of  said  report,  and 
having  considered  thereof  do  approve  and  accept  of  said 
report :  Whereupon  it  is  resolved  and  decreed  by  this  Assem- 
bly, that  said  Benjamin  Allen  shall  pay  to  said  Joseph  Talcott 
the  said  sum  of  twenty-five  pounds  seventeen  shillings  and 
nine  pence  three  farthings,  and  that  execution  be  issued 
therefor  by  the  Secretary  of  said  Colony  accordingly.  Ex. 
granted  Sept.  25th,  1758. 

On  the  memorial  of  the  Mohegan  Indians :  Resolved  by 
this  Assembly,  that  Pygan  Adams  of  New  London,  Esq%  be 
one  of  the  overseers  of  said  Indians,  and  he  is  hereby  added 
to  and  enabled  to  act  with  the  rest  of  the  overseers  of  said 
Indians  in  the  affairs  committed  to  them. 


1758.]  OP    CONNECTICUT.  141 

Upon  the  petition  of  Peter  Bulkley  and  Susannah  his  wife, 
Dinah  Newton  and  Lodena  Newton,  all  of  Colchester  in  the 
county  of  Hartford,  representing  that  Samuel  Toz.ar  of  said 
Colchester  and  Dorothy  his  wife  before  the  superior  court 
held  at  Hartford  in  the  county  of  Hartford  on  the  first  Tues- 
day of  September  1757,  in  an  action  by  them  brought  count- 
ing on  a  promise  &c.,  recovered  a  judgment  against  the 
petitioners  for  the  sum  of  <£30  13s.  4c?.  damages  and  £1  12s. 
lOd.  costs,  from  which  judgment  they  were  allowed  to  have 
review,  but  that  by  mere  mistake  it  so  happened  that  no  bond 
for  prosecution  was  entred  with  the  clerk  of  said  court,  and 
that  execution  had  since  issued  on  the  judgment  aforesaid ; 
praying  for  liberty  to  enter  the  said  action  at  the  superior 
court  to  be  held  at  said  Hartford  in  September  next,  and  to 
have  another  tryal  &c. :  Resolved  by  this  Assembly,  that  the 
petitioners  shall  have  liberty,  and  leave  and  liberty  is  hereby 
given  unto  them,  to  enter  said  action  by  way  of  review  at  the 
said  superior  court  to  be  held  at  said  Hartford  on  the  first 
Tuesday  of  September  next,  upon  entering  sufficient  bond 
with  the  clerk  of  said  court  for  the  prosecution  thereof  &c. 
and  thereupon  to  have  another  tryal  therein,  and  that  the 
whole  cost  follow  the  final  judgment  that  shall  be  given 
therein,  and  all  proceedings  on  the  execution  issued  on  the 
said  former  judgment  shall  be  stayed. 

Upon  the  petition  of  Amos  Judd  of  Farmington,  against 
Samuel  Bird  of  said  Farmington,  shewing  to  this  Assembly 
that  the  said  Samuel  Bird  before  the  superior  court  held  at 
Hartford  in  March  last  recovered  judgment  against  the  peti- 
tioner for  about  thirty  acres  of  land  lying  in  said  Farmington, 
which  he  claimed  by  devise  of  Nathaniel  Bird,  deceased  ; 
representing  that  said  deceased  Nathaniel  by  his  last  will 
ordered  that  his  debts  should  be  paid  by  his  executrix  Sarah 
Bird,  and  of  his  certain  moveables  if  they  should  be  sufficient, 
and  if  not  that  his  said  executrix  should  sell  his  out-lands, 
being  the  lands  in  controversy,  and  that  said  executrix  had 
sold  said  lands  to  Anthony  Judd,  the  petitioner's  father,  from 
whom  the  same  derived  to  the  petitioner,  which  said  Sarah 
sold  said  lands  on  the  score  of  there  being  debts  due  from  the 
estate  of  said  Nathaniel  sufficient  to  warrant  such  sale,  which 
debts  had  not  been  allowed  by  the  court  of  probate  but  an 
account  of  them  preserved  and  left  attested  to  by  said  execu- 
trix by  her  setting  her  hand  thereto  &c. ;  shewing  that  it  had 
not  been  customary  for  the  court  of  probate  in  the  day  of  said 
transactions  and  payment  of  said  debts  to  pass  such  accounts, 
alledging  that  the  same  were  nevertheless  truly  paid  by  said 


142  PUBLIC   RECORDS  [May, 

executrix ;  praying  to  have  the  same  examined  int^^  and  if 
found  to  good  satisfaction  to  have  been  really  and  ti'.dy  paid 
to  have  the  same  allowed  and  put  on  the  records  of  the  court 
of  probate  &c.  as  by  the  petition  may  more  fully  appear :  Re- 
solved by  this  Assembly,  that  Thomas  Wells,  Hezekiat'  3rain- 
ard  and  Jonathan  Hills,  Esqfs,  be  a  committee  to  examine, 
and  they  are  hereby  impowered  and  directed  to  examine  said 
account  of  debts  charged  by  said  executrix  as  aforesaid,  and 
find  out  as  far  as  may  be  the  truth  and  justness  of  the  same, 
and  make  report  of  what  they  shall  find  to  this  Assembly  in 
October  next. 

Upon  the  petition  of  William  Southworth  of  Stratford, 
against  Richard  Alsop  of  Middleton,  setting  forth  that  said 
Alsop  having  brought  his  action  of  book-debt  against  the 
petitioner  and  one  William  Wright,  demanding  three  hun- 
dred and  fifty  pounds  fifteen  shillings  lawful  money,  the  same 
came  to  a  final  tryal  at  the  superior  court  held  in  Hartford  in 
March  term  last  past,  wherein  by  said  court  upon  a  demurrer 
to  the  plaintiff's  replication  judgment  was  rendered  in  favour 
of  the  plaintiff,  that  the  replication  was  sufficient  and  \  hat  the 
plaintiff  should  recover  of  the  defendant  said  £360  15s. 
[98]  Od.  II  damages  and  cost,  and  complaining  that  said 
court  erred  in  law  in  rendering  said  judgment ;  praying  this 
Assembly  to  reverse  said  judgment  and  grant  a  new  tryal  in 
said  case,  as  by  his  petition  on  file  appears :  Resolved  by  this  As- 
sembly, that  said  judgment  be  reversed  and  the  same  is  hereby 
reversed,  set  aside  and  made  null  and  void,  and  the  execution 
on  said  judgment  and  all  the  doings  thereon,  and  that  the 
petitioner  have  another  tryal  of  said  case  at  the  superior  court 
to  be  held  at  Hartford  in  and  for  the  county  of  Hartford  on 
the  first  Tuesday  of  September  next,  and  that  all  the  cost 
follow  the  said  final  tryal,  and  that  in  case  the  petitioner  shall 
neglect  or  refuse  to  enter  said  action  at  said  superior  court 
the  said  Alsop  shall  have  liberty  and  authority  to  enter  his 
said  action  and  take  judgment  of  said  court  thereon. 

On  the  petition  of  John  Lane  of  Middleton,  versus  Michael 
Baldwin  of  Guilford,  shewing  to  this  Assembly  that  said 
Baldwin  having  brought  his  action  against  him  for  selling  an 
unsound  negro,  demanding  £100  damages,  as  per  writ  dated 
October  27th  1755,  some  unfair  proceedings  were  had  in  tak- 
ing a  deposition  ex  j^aifte  improved  on  a  tryal  of  said  case  at 
the  superior  court  held  at  New  Haven  in  August  last,  by  which 
the  jury  in  said  case  were  principally  induced  to  find  their 
verdict  against  said  Lane,  on  which  judgment  was  rendered 
against  him ;  praying  for  another  tryal  of  said  case,  as  per 


1758.]  OF    CONNECTICUT.  143 

his  pp^i^ion  on  file :  Resolved  by  this  Assembly,  that  liberty 
be  ana  he  same  is  hereby  granted  unto  said  John  Lane  of 
another  tryal  of  said  action  at  the  superior  court  to  be  held 
at  New  Haven  on  the  last  Tuesday  of  October  next,  and  all 
CO  lOw  said  tryal,  and  that  whatsoever  sums  hath  been 

taken  from  said  Lane  on  former  judgments  in  said  action 
shall  by  said  Baldwin  be  repaid  in  case  judgment  in  said  tryal 
be  rendered  in  favour  of  said  Lane  ;  and  in  case  judgment  be 
given  in  favour  of  said  Baldwin,  (as  to  the  sum  to  be  recov- 
ered,) respect  to  be  had  to  what  has  been  already  paid  by 
said  Lane  in  damages  on  former  judgments. 

Upon  the  petition  of  Isabel  Eagleston  of  Windsor,  against 
Joseph  Eagleston  of  said  Windsor,  shewing  to  this  Assembly 
that  her  late  husband  Ephraim  Egglestone  of  said  Windsor  in 
his  life-time  and  until  and  at  his  death  had  and  owned  a 
certain  piece  of  land  in  said  Windsor  containing  about  four- 
teen acres,  bounded  east  on  the  country  road,  west  on  land 
of  said  Ephraim,  south  on  Benjamin  Loomis's  land,  and  north 
on  Timothy  Loomis's  land,  with  certain  buildings  thereon, 
said  lands  being  comprehended  and  described  in  a  certain 
deed  from  William  Pitkin  jun"".  Esq"",  to  said  Ephraim,  which 
deed  not  being  recorded  after  the  death  of  said  Ephraim  was 
by  said  Joseph  Eggleston  given  up  to  said  Pitkin  and  a  new 
deed  taken  to  him,  said  Joseph,  of  the  same  estate,  to  the 
wrong  and  injury  of  said  petitioner,  to  whom  said  Ephraim 
devised  the  same  by  his  last  will ;  further  representing,  that 
said  Joseph  had  made  waste  on  the  premises ;  praying  to  have 
it  enjoyned  on  said  Joseph  to  execute  to  the  petitioner  a 
proper  deed  of  conveyance  of  said  described  premises  and 
make  good  said  damages  &c.  as  by  the  petition  at  large  may 
more  fully  appear :  Resolved  by  this  Assembly,  that  said 
Joseph  Eggleston  do  at  or  before  the  first  day  of  August  next 
execute  to  said  Isabel  Egglestone  a  good  authentick  deed  of 
conveyance  of  said  described  about  fourteen  acres  of  land  and 
appurtenances,  and  also  pay  her  £3  15s.  lid.  for  the  costs  of 
this  prosecution,  on  pain  of  forfeiting  to  the  petitioner  the 
sum  of  three  hundred  pounds  lawful  money. 

Upon  the  petition  of  Martha  Coit  of  New  London,  (minor) 
daughter,  only  child  and  heir  of  Richard  Coit  late  of  said 
New  London,  deceased,  shewing  to  this  Assembly  that  some- 
time about  the  year  1740,  Daniel  Coit,  Esqr,  of  said  New 
London,  and  his  late  wife  Lydia,  formerly  Lydia  Christophers, 
made  and  executed  to  said  Richard  a  deed,  by  way  of  gift,  of 
a  certain  piece  of  land  situate  in  said  New  London,  called  the 
wheat  field,  containing  about  fifty  acres,  about  two-thirds  of 


144  PUBLIC  RECORDS  [May, 

which  was  the  estate  of  said  Lydia,  which  Lydia  had  no 
children,  and  said  Richard  being  her  sister's  child  she,  the 
said  Lydia,  was  minded  to  give  the  same  to  said  Richard,  the 
other  third  part  of  said  given  premises  belonging  to  said 
Daniel,  and  he  having  no  children  at  that  time  intended  also 
to  give  his  said  part  in  and  of  the  premises  to  said  Rich- 
[99]  ard  ||  being  his  near  kinsman,  which  deed  was  lodg'd 
in  the  hands  of  John  Coit,  father  to  said  Richard,  to  hold 
until  the  death  o^  one  of  said  grantors  and  then  to  go  on 
record,  the  use  of  .he  premises  to  be  to  said  grantors  and  the 
longest  liver  of  them ;  further  representing,  that  said  Lydia 
dying  childless  said  Daniel  married  again  and  had  children, 
and  having  gotten  said  deed  into  his  hands  the  same  had  not 
been  put  on  record  but  he,  said  Daniel  Coit,  held  the  same 
given  and  granted  premises  an  estate  to  himself ;  praying 
that  said  Daniel  Coit  may  be  ordered  to  execute  to  the  peti- 
tioner a  deed  of  conveyance  of  so  much  of  said  granted  prem- 
ises as  belonged  to  said  Lydia,  being  about  two-thirds  of  said 
about  fifty  acres,  to  be  taken  in  a  place  least  incommodious 
to  the  residue  of  said  Daniel's  land  parcel  of  the  premises,  and 
the  buildings  on  the  same  to  be  left  on  said  Daniel's  part,  as 
by  the  petition  on  file  may  more  at  large  appear:  The  parties 
now  appearing  declared  that  it  was  by  and  between  them  fully 
consented  to  and  agreed,  that  it  be  resolved,  and  it  is  accord- 
ingly resolved  by  this  Assembly,  that  said  Daniel  Coit  do 
execute  to  the  petitioner  a  good  authentick  deed  of  convey- 
ance of  the  i)art  and  proportion  of  the  lands  mentioned  above 
which  belonged  to  said  Lydia,  saving  to  him,  said  Daniel,  the 
use  only  during  his  natural  life,  on  pain  of  forfeiting  to  the 
petitioner  the  sum  of  three  hundred  pounds  lawful  money. 
And  it  is  further  resolved,  that  Joshua  Hemstad  and  Pygan 
Adams,  Esq''^  and  Mr.  Jeremiah  Chapman,  all  of  said  New 
London,  be  a  committee,  and  they  are  hereby  appointed  and 
impowercd  as  such,  to  repair  to  the  premises  as  soon  as  con- 
veniently may  be,  and  having  notified  the  parties  to  examine 
and  find  out  the  quantity  of  land  that  belonged  to  said  Lydia 
and  set  out  so  much  of  said  about  fifty  acres  as  they  shall  find 
that  to  be  in  the  most  convenient  place  for  the  parties,  leav- 
ing said  buildings  on  the  part  to  be  left  to  said  Daniel,  having 
no  regard  to  the  value  of  said  buildings  or  fences  ;  which 
being  done,  the  said  Daniel  Coit  to  execute  such  deed  as 
aforesaid  of  such  part  so  set  out,  and  pay  to  the  petitioner 
such  costs  as  said  committee  shall  judge  just  and  equitable 
within  one  month  after  the  same  shall  be  so  set  out  and 
judged,  reasonable  notice  thereof  being  given  to  said  Daniel. 


1758.]  OF    CONNECTICUT.  145 

Upon  the  petition  of  Benajah  Packer  of  Groton,  against 
John  Dean  of  Stonington,  representing  to  this  Assembly  that 
in  April  1755,  he  moved  for  an  appeal  from  a  decree  of  the 
court  of  probate  in  the  district  of  New  London  with  regard  to 
the  estate  of  John  Packer  the  elder,  deccast,  to  the  superior 
court  then  to  be  held  in  New  London  in  said  New  London 
county  on  the  fourth  Tuesday  of  September  1755,  which 
appeal  by  said  court  of  probate  was  granted  and  by  said 
Benajah  was  in  due  time  in  said  superior  court  entered,  and 
for  want  of  copies  from  the  said  proV)ate  court  the  said  Benajah 
was  not  ]"eady  for  tryal,  and  said  cause  thereby  not  being 
ready  and  the  said  superior  court  ordered  said  cause  to  pro- 
ceed, the  turn  thereof  being  come,  and  said  Benajah  not  being- 
able  to  get  ready,  said  Benajah  Packer  in  said  cause  was  non- 
suited ;  praying  for  liberty  to  enter  his  said  cause  or  appeal 
at  the  superior  court  to  be  holden  at  New  London  in  said 
county  on  the  fourth  Tuesday  of  September  next,  he  giving 
bond  (fee. :  Resolved  by  this  Assembly,  that  said  Benajah 
Packer  have  liberty  of  entering  said  cause  in  the  said  superior 
court  to  ]je  holden  at  said  New  London  on  the  fourth  Tuesday 
of  September  next,  and  try  the  same  as  if  the  same  came  to 
said  supeiior  court  by  appeal  from  said  court  of  probate,  the 
said  Benajah  giving  bond  in  said  superior  court  to  prosecute 
said  action  in  due  form  of  law,  and  the  future  cost  only  to 
follow  the  judgment. 

[100]  Upon  the  petition  of  Josiah  Tabor  of  Stonington, 
against  John  Randal  of  said  Stonington,  representing  to  this 
Assembly  tliat  on  the  22d  day  of  March  last  past  he  was  by 
Mr.  Justice  Nehemiah  Palmer  of  said  Stoning-ton,  on  the  com- 
plaint of  said  Randal,  convicted  of  stealing  a  certain  sheep, 
and  that  he  moved  for  an  adjournment  of  said  court  (some 
little  time)  to  get  witnesses  &c.  which  was  by  said  justice 
denied,  and  that  he  was  ignorant  that  he  had  liberty  of  an 
appeal  from  said  judgment ;  praying  for  liberty  to  enter  said 
cause  at  the  county  court  to  be  holden  at  New  London  within 
and  for  the  county  of  New  London  on  the  second  Tuesday  of 
June  next,  and  the  same  there  be  tryed  as  if  said  cause  came 
to  said  county  court  by  appeal  from  said  judgment  &c. :  Re- 
solved by  this  Assembly,  that  the  said  Tabor  have  liberty  to 
enter  said  cause  at  the  county  [court]  to  be  holden  at  New 
London  within  and  for  said  county  on  the  second  Tuesday  of 
June  next,  and  have  the  same  there  tried  as  if  the  same  came 
to  said  court  by  appeal  from  said  judgment,  he,  said  Tabor, 
giving  sufficient  bond  for  prosecution  of  said  cause,  and  that 
the  fine,  damages  and  costs,  which  said  Randal  hath  taken 
19 


146  PUBLIC  RECORDS  [May, 

from  said  Tabor  by  execution  on  said  justice's  judgment  be 
by  said  county  court  taxed  as  cost  against  said  Randal  in  case 
final  judgment  be  in  favour  of  said  Tabor,  and  said  Tabor 
have  his  cost  from  the  beginning  of  said  suit. 

Upon  the  petition  of  William  Cleaver,  of  Middleton  in 
the  county  of  Hartford,  against  Samuel  Willis  of  said  Middle- 
ton,  setting  forth  that  Mrs.  Cornelia  Grier,  lately  of  the  island 
of  Barbadoes  but  more  lately  of  said  Middleton,  did  in  said 
Barbadoes  on  the  22d  day  of  November  1749,  make  her  last 
will  and  testament,  bearing  date  the  same  22d  day,  and 
therein  gave  several  specific  legacies  and  ordered  the  residue 
of  her  clear  estate  to  be  sold  for  ready  money,  and  the  avails 
thereof  with  the  monies  she  should  die  possessed  of  gave  two 
third  parts  of  it  to  the  petitioner  and  one  third  part  thereof 
to  the  wife  of  the  said  Samuel  Willis,  and  constituted  and 
appointed  William  Eversly  and  Elias  Munviele  of  said  Barba- 
does and  the  said  Willis  and  the  petitioner  executors  of  said 
will,  and  that  the  said  Willis  took  out  letters  of  administra- 
tion of  said  estate  at  the  court  of  probate  for  the  district  of 
Hartford  and  afterwards  got  the  said  will  proved  in  said 
Barbadoes,  but  took  out  no  letters  testamentary  nor  accepted 
the  trust  of  executor,  and  that  the  said  Eversley  is  deceased 
having  never  accepted  the  trust,  and  that  the  said  Munviele 
renounced  the  trust  of  executor,  and  that  the  petitioner  ob- 
tained letters  testamentary  upon  said  will  having  accepted 
the  trust  of  executor  and  duly  qualified  himself  to  act  upon 
said  will  as  executor  thereof,  and  that  the  said  Willis  having 
gotten  the  estate  into  his  possession  holds  and  witholds  the 
same  from  the  petitioner,  to  his  grievous  damage :  praying 
this  Assembly  to  grant  relief,  as  by  his  petition  on  file 
appears :  Resolved  by  this  Assembly,  that  Jonathan  Trumble, 
John  Chester  and  Elisha  Sheldon,  Esqi's,  be  a  committee  to 
take  cognizance  of  the  several  matters  set  forth  and  referred 
to  in  said  petition  and  hear  and  examine  the  parties  and  their 
evidences  relative  thereto,  and  make  report  of  what  they  find 
therein  with  their  opinion  thereon  to  the  General  Assembly 
in  October  next. 

Upon  the  petition  of  Charles  Phelps,  of  Stonington  in  New 
London  county,  against  Abraham  Skinner  and  Caleb  Wad- 
dams,  both  of  Colchester  in  Hartford  county,  representing  to 
this  Assembly  that  he,  said  Charles  Phelps,  brought  his 
action  at  the  adjourned  county  court  held  at  Hartford  in 
Hartford  county  on  the  4th  Tuesday  of  January  last  against 
Abraham  Skinner  and  Caleb  Waddams  aforesaid,  demanding 
the  seizin  and  possession  of  about  eight  acres  of  land  lying  in 


1758.]  OP    CONNECTICUT.  147 

ColGhester  aforesaid,  at  which  court  the  parties  appeared  and 
the  defendants  pleaded  not  guilty,  and  issue  was  joyned 
thereon  and  said  action  committed  to  the  jury,  who  brought 
[101]  in  their  verdict  that  the  defendants  were  not  ||  guilty, 
and  judgment  by  said  court  was  rendered  thereon  in  favour 
of  the  defendant,  and  that  the  said  Phelps  through  mistake 
of  his  attorneys  did  not  enter  his  review  of  said  action,  as  he 
designed  to  have  done,  to  the  then  next  county  court  to  be 
held  at  Hartford  in  Hartford  county  on  the  first  Tuesday  of 
November  then  next ;  praying  for  liberty  to  enter  said  cause  by 
way  of  review  at  the  said  county  court  to  be  held  at  Hartford 
in  and  for  the  county  of  Hartford  on  the  first  Tuesday  of 
November  next,  he  the  said  petitioner  giving  bond  &g.  : 
Resolved  by  this  Assembly,  that  the  said  Charles  Phelps 
liave  liberty  of  entering  said  cause  at  said  November  county 
court  and  try  the  same  as  if  the  same  had  come  to  said  court 
by  review  from  said  adjourned  county  court  held  at  Hartford 
in  Hartford  county  in  January  last,  and  that  only  the  future 
cost  follow  the  final  judgment :  the  said  Phelps  giving  bond 
with  surety  to  prosecute  said  action  to  effect. 

Upon  the  petition  of  Gideon  Moor  and  Aslibel  Moor,  late  of 
Symsbury  in  the  county  of  Hartford  now  of  the  Nine  Partners 
in  the  Province  of  New  York,  representing  that  their  father, 
Jonathan  Moor  of  said  Symsbury,  transiently  residing  in 
Salisbury  in  the  county  of  Litchfield,  who  now  and  for  a  long- 
time had  been  under  the  care  of  the  selectmen  of  said  town 
of  Symsbury  together  with  his  estate,  brought  his  action 
against  the  petitioners  and  their  brother  Simon  Moor  of  said 
Salisbury  to  the  county  court  held  at  Litchfield  in  the  said 
county  of  Litchfield'  on  the  fourth  Tuesday  of  September 
17-)7,  on  a  bond  given  to  their  said  father  by  the  petitioners 
and  said  Simon  for  his  maintenance  and  support,  and  that 
judgment  thereon  was  had  and  rendered  by  said  court  against 
the  petitioners  and  said  Simon  for  XlOO  lawful  money  debt 
and  costs  of  court  £1  Is.  9d.  like  money,  and  that  the  same 
was  obtained  by  collusion  between  the  said  Jonathan  the 
father  and  Simon  the  brother  without  the  knowledge  or  pri- 
vity of  the  petitioners  and  against  the  will  and  advice  of  the 
selectmen  of  said  Symsbury ;  that  execution  hath  since  been 
issued  on  said  judgment  and  levied  only  on  the  estate  of  the 
petitioners,  viz:  on  lands  in  said  Symsbury  formerly  pur- 
chased of  the  said  Jonathan  Moor  their  said  father,  in  part, 
and  partly  of  the  said  Simon  Moor  their  said  brother,  in 
consequence  of  which  judgment,  execution  and  levying  as 
aforesaid  they  were  deprived  of  their  inheritance,  without 


148  PUBLIC   RECORDS  [May, 

opportunity  of  making  their  defence  &c. ;  praying  for  relief 
in  the  premises  &c:  Resolved  by  this  Assembly,  that  the 
aforesaid  judgment,  execution  and  all  the  doings  thereon  be 
and  the  same  are  hereby  wholly  vacated,  set  aside  and  made 
null  and  void,  and  either  plaintiff  or  defendants  in  said 
action  shall  and  may  have  liberty  to  enter  the  aforesaid  action 
at  the  county  court  to  be  held  at  said  Litchfield  on  the  fourth 
Tuesday  of  September  next,  and  the  parties  thereto  may 
plead  or  be  impleaded  therein  as  tho'  said  action  had  been 
first  brought  or  commenced  before  said  county  court  in  Sep- 
tember next  as  aforesaid'.  Cost  allowed  petitioners  against 
respond,  is  <£4  lis.  Od.  lawful  money. 

On  the  petition  of  Sarah  Chilson  of  Killingly,  shewing  to 
this  Assembly  that  in  an  action  depending  at  the  superior 
court  held  at  Windham  in  and  for  the  county  of  Windham 
on  the  3d  Tuesday  of  March  last,  wherein  Joseph  Moffit  &c. 
were  plaintiffs  and  the  said  Sarah  defendant,  at  which  court 
judgment  was  had  and  rendered  against  her  in  said  cause, 
and  that  said  tryal  by  course  of  law  not  being  final  she  had 
right  of  a  review  of  said  cause  to  the  then  next  superior  court 
to  be  held  at  said  Windham  on  the  third  Tuesday  of  Septem- 
ber next,  and  on  motion  to  said  March  superior  court  for  a 
review  of  said  cause  and  surety  therefor  produced  who  un- 
expectedly was  objected  against  by  the  then  plaintiff  whereby 
she  was  prevented  of  a  review  &c. ;  praying  liberty  of  this 
Assembly  to  enter  said  cause  at  said  superior  court  to  be  held 
at  Windham  in  September  next  &c. :  Resolved  by  this  As- 
sembly, that  the  petitioner  have  liberty,  and  liberty  is 
hereby  granted  her,  to  enter  said  action  by  way  of  review  at 
the  superior  court  to  be  held  at  said  Windham  on  the  3d 
Tuesday  of  September  next,  she  then  at  said  court  giving 
sufficient  bond  for  the  prosecution  thereof  &c.  and  thereupon 
to  have  another  tryal  of  said  cause  ;  and  that  all  cost  follow 
the  judgment  of  said  September  superior  court  therein,  and 
that  all  proceedings  on  the  execution  issued  on  said  former 
judgment  be  stayed. 

Upon  the  petition  of  John  Sherman  of  New  Haven,  against 
Samuel  Darling  of  New  Haven,  shewing  to  this  Assembly 
[102  ]  that  said  Darling  had  commenced  ||  process  against  the 
petitioner,  charging  him  with  forging  two  certain  notes  given 
him  by  one  James  Warren,  and  by  means  thereof  procured 
from  the  petitioner  a  note  to  him,  said  Darling,  for  eight 
pounds  lawful  money  and  afterwards  put  the  same  note  in 
suit  and  recovered  judgment  thereon  and  enforced  such  judg- 
ment by  levying  execution  thereon,  whereby  he  was  put  to 


1758.]  OP    CONNECTICUT.  149 

great  cost  and  expence ;  further  representing  that  said  notes 
so  by  said  Darling  alledged  to  be  forged  were  true  and  genu- 
ine and  that  he,  the  petitioner,  had  been  prevented  from 
making  the  same  appear  to  certain  referees,  agreed  upon  by 
the  parties,  to  examine  into  the  same  until  the  term  agreed 
upon  was  expired,  and  that  said  Darling  refused  to  lengthen 
out  said  time  &c.  and  that  said  note  was  given  for  no  just 
and  good  consideration ;  praying  to  have  the  damages  by 
the  petitioner  sustained  in  the  premises  refunded  by  said 
Darling  &c.  as  by  the  petition  on  file  may  appear :  Resolved 
by  this  Assembly,  that  the  said  John  Sherman,  the  petitioner, 
have  and  recover  of  said  Samuel  Darling  for  his  said  damages 
the  sum  of  eighteen  pounds  lawful  money  and  cost  of  the 
prosecution  on  said  petition  the  sum  of  X4  lO-s.  lid.  and  that 
execution  go  forth  accordingly,     ^x.  granted  June  2d  1758. 

Upon  the  memorial  of  Ebenezer  Jackson,  of  Sharon  in  the 
county  of  Litchfield,  administrator  upon  the  estate  of  Joshua 
Jackson  late  of  said  Sharon,  deceased,  shewing  to  this  As- 
sembly that  the  debts  due  from  said  deceased  with  what 
was  allowed  to  the  widow  by  the  court  of  probate  for 
the  district  of  Sharon  for  necessary  subsistance  surmount 
the  personal  estate  of  said  deceased  the  sum  of  £42  8.s.  l^d. 
and  praying  for  liberty  to  sell  lands  of  the  said  deceased  for 
the  payment  of  the  same  with  cost  of  sale :  Resolved  by  this 
Assembly,  that  the  memorialist  have  liberty  to  sell  so  much 
of  the  lands  of  said  Josliua  Jackson,  deceased,  as  to  procure 
said  sum  of  <£42  8s.  I^d.  with  the  incident  charges  arising  on 
said  sale ;  taking  the  direction  of  the  court  of  probate  in  the 
district  of  Sharon  therein. 

Upon  the  memorial  of  John  Kirby  juni",  Amos  Porter, 
David  Sage  jun"",  Richard  Hubbard  and  Ephraim  Crofoot,  all 
of  the  first  society  of  Middleton  in  Hartford  county,  shewing 
to  this  Assembly  that  the  several  places  of  their  abode  is 
distant  from  the  public  worship  in  said  society  more  than 
seven  miles,  and  that  not  any  of  them  more  than  three  miles 
from  the  public  worship  in  Kinsington  parish,  and  thereupon 
praying  they  may  be  annexed  to  said  parish  with  their  families 
during  the  pleasure  of  this  Assembly  and  pay  ministerial 
charges  to  the  support  of  the  ministry  in  said  parish,  as  per 
their  memorial  on  file  :  Resolved  by  this  Assembly,  that  the 
said  memorialists  be  exempted  from  paying  ministerial  taxes 
to  said  first  society  in  Middleton  and  pay  taxes  to  the  support 
of  the  ministry  in  the  parish  of  Kensington,  and  they  with 
their  families  be  annexed  and  they  are  hereby  annexed  to  the 
parish  of  Kensington  during  the  pleasure  of  this  Assembly. 


150  PUBLIC   RECORDS  [May, 

Upon  the  memorial  of  Timothy  Blakeman,  of  Stratford  in 
Fairfield  county,  administrator  on  the  estate  of  Benjamin 
Blakeman  late  of.  said  Stratford,  deceased,  shewing  to  this 
Assembly  that  the  estate  of  the  deceased  Benjamin  Blakeman 
with  the  credits  due  to  said  estate  amounts  only  to  the  sum  of 
i:104  3s.  l^d.  lawful  money,  whereof  .£100  15s.  Od.  is  real 
estate  and  the  residue  being  X3  8s.  l^d.  which  is  moveable 
estate,  and  that  the  debts  due  from  said  estate  amount  to 
.£38  5s.  ll^d.  lawful  money  and  no  more,  so  that  the  debts 
due  from  said  estate  surmount  the  moveable  estate  the  sum  of 
<£o4  17c?.  10s.  lawful  money,  and  that  there  is  no  moveable 
estate  or  assets  to  pay  the  same,  and  praying  to  this  Assembly 
for  liberty  to  sell  so  much  of  the  real  estate  of  the  said  de- 
ceased as  to  procure  the  said  sum  of  X34  17s.  10c?.  with  the 
incident  charges  arising  thereon :  Resolved  by  this  Assembly, 
that  so  much  of  the  real  estate  of  the  said  deceased  be  sold 
as  to  procure  the  sum  of  £34  17s.  10c?,  lawful  money  with  the 
incident  charges,  and  that  the  said  Timothy  Blakeman  and 
Rob't  Fairchild,  Esq"",  are  appointed  and  impowered  to  make 
sale  thereof  accordingly;  taking  the  advice  of  the  court  of 
probate  in  the  district  of  Fairfield  therein. 
[103]  Upon  the  memorial  of  Seth  Wetmore,  administrator 
de  bonis  nan  on  the  estate  of  Jeremiah  Wetmore  late  of  said 
Middleton,  deceased,  shewing  to  this  Assembly  that  at  a 
General  Assembly  held  at  Hartford  in  May  1756,  Abigail 
Wetmore,  late  administratrix  on  the  estate  of  said  Jeremy, 
deceased,  obtained  liberty  for  the  sale  of  part  of  the  real 
estate  of  said  deceased,  that  since  that  time  new  debts  have 
come  in  against  said  estate  to  the  amount  of  £39  2s.  5c?. 
lawful  money,  which  are  allowed  by  the  court  of  probate  for 
the  district  of  Middleton,  for  satisfying  of  which  there  is  no 
personal  estate  in  his  hands,  and  praying  for  liberty  to  sell  so 
much  of  the  real  estate  of  said  deceased  as  to  answer  said 
debts :  Resolved  by  this  Assembly,  that  said  Seth  Wetmore 
have  liberty  and  he  is  liereby  appointed  to  sell  so  much  of  the 
real  estate  of  said  deceased  as  shall  be  sufficient  to  raise  said 
sum  together  with  the  incident  charges  of  sale  ;  taking  the 
directions  of  the  court  of  probate  for  the  district  of  Middleton 
therein. 

Upon  the  memorial  of  the  proprietors  of  the  town  of  Nor- 
folk, representing  to  this  Assembly  that  the  time  of  payment 
of  the  several  bonds  given  for  the  several  sums  agreed  on  by 
the  purchasers  of  the  several  rights  in  said  township  was  out 
on  tlie  first  of  November  1756,  and  that  they  were  like  to  be 
great  losers  by  making  said  purchases   unless   relieved    by 


1758.]  OF    CONNECTICUT.  151 

this  Assembly ;  praying  this  Assembly  to  postpone  the  pay- 
ment of  said  several  bonds  for  the  space  of  four  years  from 
said  first  of  November  1756,  and  to  remit  to  them  the  interest 
due  on  said  bond  for  two  years  &c.:  Resolved  by  this  Assem- 
bly, that  the  several  bonds  referred  to  in  said  memorial  may 
be  anew  taken  by  the  first  day  of  Octolier  next  under  the 
direction's  of  the  committee  who  took  the  former  l)onds,  paya- 
ble within  four  years  from  the  time  of  payment  mentioned 
in  said  former  bonds,  including  the  interest  due  on  said  bonds. 

Upon  the  memorial  of  Henry  Allen  of  Windsor,  adminis- 
trator of  the  estate  of  Edward  Egglestone  late  of  said  Wind- 
sor, deceased,  shewing  to  this  Assemlily  that  there  is  due 
from  said  estate  the  sum  of  £20  16s.  9d.  lawful  money,  and 
that  there  is  no  moveable  estate  of  said  deceased  to  pay  the 
same  ;  praying  for  liljerty  to  sell  so  much  of  the  real  estate  of 
said  deceased  as  will  procure  said  sum  &c. :  Resolved  by  this 
Assemlily,  that  the  memorialist  have  power  and  he  is  hereby 
impowered  to  sell  so  much  of  the  real  estate  of  the  said  de- 
ceased as  shall  be  suflficient  to  pay  said  sum  of  X20  16s.  9d. 
together  with  the  incident  charges  arising  on  such  sale  ;  taking 
the  direction  of  the  court  of  probate  for  the  district  of  Hart>- 
ford  therein. 

On  the  prayer  of  Daniel  Stark  of  Groton,  executor  to  the 
last  will  and  testament  of  Daniel  Stark  late  of  said  Groton,  de- 
ceased, representing  to  this  Assembly  that  the  debts  due  from 
said  estate  surmount  the  moveable  estate  the  sum  of  <£'28  4s. 
lid.  lawful  raon'ey  :  Resolved  by  this  Assembly,  that  Pelatiah 
Fitch  of  said  Groton  be  hereby  impowered  to  sell  so  much  of 
the  lands  of  the  said  Daniel  Stark,  deceased,  as  to  pay  and 
satisfy  the  said  sum  of  £23  4s.  lie?,  lawful  money  with  the 
incident  charge  arising  thereon ;  taking  the  direction  of  the 
court  of  probate  for  the  district  of  New  London  therein. 

On  the  memorial  of  Hannah  Boardman,  administratrix  on 
the  estate  of  Timothy  Boardman  late  of  Weathersfield,  de- 
ceased, shewing  to  this  Assembly  that  the  debts  due  from  the 
estate  of  said  deceased  surmount  the  inventoried  personal 
estate  of  said  deceased  the  sum  of  £46  14s.  Sd.;  praying  for 
liberty  to  sell  the  real  estate  of  said  deceased  &c. :  Resolved 
by  this  Assembly,  that  the  said  administratrix  have  liberty, 
and  she  is  hereby  impowered  together  with  Jonathan  Belding, 
Esq"",  of  said  Weathersfield,  to  sell  so  much  of  the  real  estate 
of  said  deceased  as  shall  amount  to  the  said  sum  of  X46  14.?. 
8d.  with  incident  charges  of  sale  ;  taking  the  direction  of  the 
court  of  probate  for  the  district  of  Hartford  therein. 

Upon  the  memorial  of  Experience  Gladiug  of  Seybrook,  exe- 


152  PUBLIC  RECORDS  [May, 

ciitrix  on  the  estate  of  Joshua  Glading  late  of  said  Seabrook, 
deceased,  shewing  to  this  Assembly  that  the  debts  due  from 
said  estate  surmount  the  moveable  estate  the  sum  of  X40  5s. 
Hid.  and  praying  for  liberty  to  sell  so  much  of  the  real  estate 
of  said  deceased  as  will  pay  said  sum  <tc. :  Resolved  by  this 
Assembly,  that  Travis  Ayers  of  said  Seabrook  be  impowered 
and  he  is  herel)y  impowered,  to  sell  so  much  of  the  real  estate 
[104]  of  said  deceased  ||  as  will  pay  the  said  sum  of  <£40 
5s.  Hid.  with  the  incident  charges  arising  thereon ;  taking 
the  direction  of  the  court  of  probate  for  the  district  of  Guil- 
ford therein. 

Upon  the  memorial  of  Sarah  Sutliff,  administratrix  on  the 
estate  of  Samuel  Squire  late  of  Durham,  deceased,  represent- 
ing to  this  Assembly  that  the  charges  which  have  accrued  in 
supporting  George  Squire  of  said  Durham  more  than  the  im- 
provement of  said  Samuel  Squires  estate  comes  to,  since 
liberty  was  granted  by  this  Assembly  for  selling  some  of  the 
lands  of  said  Samuel  for  defraying  former  charges,  amounts 
to  the  sum  of  X25  12.s.  lid.  and  praying  that  some  meet 
person  may  be  appointed  and  impowered  by  this  Assembly,  to 
sell  so  much  of  the  real  estate  of  said  deceased  as  shall  be 
sufficient  to  pay  and  satisfy  said  sum  of  X25  12s.  Hd.  with 
the  incident  charges  arising  on  such  sale :  Resolved  by  this 
Assembly,  that  Silas  Crane,  of  said  Durham,  be  appointed  and 
he  is  hereby  appointed  and  impowered,  to  make  sale  of  so 
much  of  the  real  estate  of  the  said  deceased  Samuel  Squire 
as  will  be  sufficient  to  pay  and  satisfy  said  Sum  of  £25  12s. 
lid.  lawful  money  witli  the  incident  charges  arising  on  such 
sale ;  taking  the  directions  from  the  court  of  probate  in  the 
district  of  Guilford  therein. 

Upon  the  memorial  of  William  Clark  of  Colchester,  admin- 
istrator on  the  estate  of  Joshua  Gillet  late  of  Colchester, 
deceased,  representing  to  this  Assembly  that  the  debts  and 
charges  due  from  said  deceased's  estate  surmount  the  personal 
estate  of  said  deceased  the  sum  of  X3  3s.  Od.  and  praying  for 
liberty  to  sell  so  much  of  the  real  estate  of  said  deceased  as 
shall  be  sufficient  to  raise  said  sum  with  the  incident  charges 
arising  thereon  :  Resolved  by  this  Assembly,  that  said  Wil- 
liam Clark  have  liberty  to  sell  so  much  of  said  deceased's 
estate  as  will  be  sufficient  to  raise  said  sum  of  ^8  8s.  Od. 
lawful  money  with  the  incident  charges  arising  thereon ; 
taking  the  direction  of  the  court  of  probate  in  the  district  of 
East  Haddam  therein. 

Upon  the  memorial  of  Thomas  Sanford  and  Ebenezer  San- 
ford,  both  of  Fairfield,  administrators  on  the  estate  of  Thomas 


1758.]  OF    CONNECTICUT.  158 

• 

Sanford  late  of  said  Fairfield,  deceased,  representing  to  this 
Assembly  that  the  debts  due  from  the  estate  of  said  deceased 
surmount  the  moveable  estate  the  sum  of  £49  8s.  l^d.  and 
praying  that  some  meet  person  may  be  appointed  to  sell  so 
much  of  the  real  estate  of  said  deceased  as  shall  raise  said 
sum  &c. :  Resolved  by  this  Assembly,  that  Nathaniel  Scaly 
jun'',  of  said  Fairfield,  be  appointed  and  he  is  hereby  appointed 
and  impowered  to  sell  so  much  of  the  real  estate  of  the  said 
deceased  Thomas  Sanford  as  shall  be  sufficient  to  pay  and 
satisfy  said  sum  of  49  8s.  l^d.  with  the  incident  charges  aris- 
ing on  such  sale  ;  taking  the  directions  of  the  court  of  probate 
in  the  district  of  Fairfield  therein. 

Upon  the  memorial  of  Elisha  Baxter,  administrator  on  the 
estate  of  Joshua  Wolcott  late  of  Weathersfield,  deceast,  repre- 
senting to  this  Assembly  that  said  Joshua  in  and  by  his  last 
will  and  testament  ordered  that  his  lands  at  East  Hartford 
should  be  sold  to  pay  his  just  debts  and  no  person  by  said 
Joshua  appointed  to  sell  said  lands,  and  that  his  two  daugh- 
ters should  have  paid  them  £200  old  tenor  each  out  of  his 
moveable  estate,  and  that  the  debts  due  from  said  estate  with 
said  two  legacies  surmounted  the  moveable  estate  of  said 
Joshua  the  sum  of  £20  os.  4^*^.  lawful  money;  praying  lib- 
erty from  this  Assembly  to  sell  so  much  of  said  land  in 
East  Hartford  as  to  pay  said  sum  of  £20  5s.  4:^d.:  Resolved 
by  this  Assembly,  that  the  said  Elisha  Baxter  have  liberty  to 
sell  so  much  of  said  farm  in  East  Hartford  which  belonged  to 
said  Joshua,  deceased,  as  to  make  said  sum  of  £20  5s.  4ic?. 
lawful  money  and  the  incident  charges  arising  thereon  ;  tak- 
ing the  direction  of  the  court  of  probate  in  the  district  of 
Hartford  therein. 

On  the  memorial  of  Joseph  Sheldon,  of  Springfield  in  the 
county  of  Hampshire,  administrator  on  the  estate  of  James 
Terry  jun'',  late  of  Stafford  in  the  county  of  Hartford,  de- 
[105]  ceased,  representing  that  the  debts  ||  and  charges  due 
from  the  estate  of  the  said  deceased  surmount  the  moveable 
estate  of  the  said  deceased  nine  pound  one  shilling  and  seven 
pence  farthing  lawful  money;  praying  for  liberty  to  make 
sale  of  so  much  of  the  real  estate  of  the  said  deceased  as 
will  pay  said  debt  &c. :  Resolved  by  this  Assembly,  that 
Josiah  Converse  of  Stafford  have  liberty,  and  it  is  hereby 
granted,  that  he  may  make  sale  of  so  much  of  the  real  estate 
of  the  said  James  Terry  junr  as  will  procure  the  sum  of  £9 
Is.  lid.  lawful  money  with  charge  arising  on  the  sale  thereof; 
taking  the  advice  of  the  court  of  probate  in  the  district  of 
Hartford  therein. 

20 


154  PUBLIC  RECORDS  [May, 

Upon  the  memorial  of  Elisha  Waterman  of  Norwich,  shew- 
ing to  this  Assembly  that  his  son  Elisha  Waterman  was 
appointed  a  lieutenant  in  the  forces  raised  by  this  Colony  in 
the  year  1755,  and  ordered  to  remain  at  Fort  Edward  and 
parts  adjacent  thro'  the  winter  season,  to  keep  garrison  &c. 
and  that  in  April  1756,  was  made  a  prisoner  by  a  French 
party  and  carried  to  Quebeck,  and  while  there  a  prisoner 
under  necessitous  circumstances  obtained  money  of  Col.  Peter 
Schyler  to  the  amount  of  .£79  18s.  Od.  New  York  currency, 
and  in  order  to  repay  said  Schuyler  drew  an  order  on  the 
Hon^ie  Thomas  Fitch,  Esq"",  for  that  sum,  said  order  drew  in 
favour  of  Col.  John  Dyar  to  be  improved  by  him  to  pay  said 
Schyler,  but  said  order  not  being  answered  and  said  Schyler 
not  yet  paid,  and  praying  tliis  Assembly  to  grant  him  said 
sum  in  order  to  pay  said  Schyler :  Resolved  by  this  Assembly, 
that  the  sum  of  forty  pounds  lawful  money  be  granted  to 
said  Waterman  out  of  the  treasury  of  this  Colony,  in  order  to 
enable  him  to  pay  said  Schuyler  said  sum  lent  his  son  at 
Quebeck,  and  the  Treasurer  is  hereby  order' d  to  pay  said  sum 
of  forty  pounds  accordingly,  taking  his  receipt  therefor. 

Upon  the  memorial  of  George  Ranny  of  Middleton,  conser- 
vator on  the  estate  of  Sarah  Hale  of  said  Middleton,  represent- 
ing that  the  said  Sarah  for  about  thirty  years  past  hath  been 
in  great  measure  deprived  of  her  reason,  and  that  her  father, 
Thomas  Hale,  deceased,  by  his  last  will  gave  the  said  Sarah 
half  his  house,  homested  and  other  lands  in  said  Middleton ; 
that  he  hath  expended  for  the  support  of  the  said  Sarah 
besides  the  earnings  or  incomes  of  her  estate  and  what  thereof 
had  been  before  sold  for  her  former  subsistence  to  the  amount 
of  £9S  12s.  Id.  lawful  money,  allowed  by  the  county  court 
in  the  county  of  Hartford  before  whom  his  accounts  were 
examined ;  praying  liberty  to  sell  her  lands  to  defray  the  same 
&c. :  Resolved  by  this  Assembly,  that  the  memorialist  have 
liberty,  and  liberty,  power  and  authority  is  hereby  granted  to 
him,  to  make  sale  of  all  the  real  estate  of  the  said  Sarah  Hale 
and  thereof  to  satisfy  himself  the  aforesaid  <£98  12s.  \d. 
lawful  money  allowed  him  by  said  county  court,  and  the 
residue  of  the  monies  arising  by  such  sale,  if  any  be,  to  lodge 
in  the  hands  of  Jabez  Hamlin,  Esq'',  of  said  Middleton,  to 
be  improved  for  the  use  of  the  said  Sarah  Hale  as  occasion 
hereafter  may  require ;  taking  the  advice  also  of  the  said 
Hamlin  in  the  disposition  and  sale  of  said  estate. 

Upon  the  memorial  of  John  Coleman,  keeper  of  the  goal 
in  Hartford  in  the  county  of  Hartford,  representing  that  the 
famous  Moll  Rogers  was  on  the  8th  of  May  1757,  by  virtue 


1758.]  OF    CONNECTICUT.  155 

of  a  mittimus  signed  by  Samuel  Kent,  Esq"",  justice  of  the 
peace,  grounded  on  a  prosecution  against  the  said  Moll  by  the 
name  of  Sarah  Alderson,  committed  to  prison,  and  that  she 
thereafter  was  supported  at  the  cost  of  the  memorialist  tlie 
space  of  twenty-seven  weeks,  when  she  broke  the  said  goal  and 
escaped,  and  that  during  her  said  imprisonment  he  provided 
sundry  articles  of  cloathing  as  well  as  staples  and  shackles ; 
praying  to  be  allowed  therefor  &c. :  Resolved  by  this  Assem- 
bly, that  the  county  court  for  the  county  of  Hartford,  upon 
the  memorialist  laying  his  accounts  before  them,  may 
examine  and  adjust  the  same  and  pass  an  order  to  the  Treas- 
urer of  this  Colony  for  the  payment  of  such  sum  to  the 
memorialist  as  they  shall  find  to  be  just  and  reasonable  for  the 
several  articles  expended  for  support,  cloathing  &c.  as  afore- 
said. 

Upon  the  memorial  of  James  Nichols,  lieutenant  of  the 
troop  of  horse  in  the  first  regiment  in  this  Colony,  and  Rich- 
ard Seymour  one  of  said  troop,  in  behalf  of  themselves  and 
the  rest  of  the  said  troop,  shewing  to  this  Assembly  that  in  the 
late  alarm  in  August  last,  by  order  of  the  colonel  of  said 
regiment,  said  troop  marched  to  Fort  Edward;  praying 
to  have  a  meet  allowance  for  their  said  service  and  the 
[106]  service  of  their  horses,  as  by  the  memorial  on  file  :  ||  Re- 
solved by  this  Assembly,  that  said  troopers  be  allowed  the 
same  wages  that  the  foot  soldiers  were  allowed  that  went 
forth  on  that  service,  and  that  they  be  allowed  for  the  ser- 
vice of  their  said  horses  the  same  as  was  allowed  for  the 
other  horses  of  the  militia  that  were  improved  in  said 
service. 

Upon  the  memorial  of  Gideon  Barnum  of  Kent,  adminis- 
trator on  the  estate  of  Richard  Barnum  late  of  said  Kent, 
deceased,  representing  to  this  Assembly  that  the  debts 
due  from  said  estate  surmount  the  personal  estate  of  said 
deceased  the  sum  of  £53  9s.  \ld.  and  praying  that  David 
Barnum  of  said  Kent  might  be  authorized  and  impowered  to 
sell  so  much  of  the  lands  of  the  said  Richard  Barnum,  de- 
ceased, as  will  be  sufficient  to  procure  said  sum  and  the  cost 
of  sale :  Resolved  by  this  Assembly,  that  said  David  Barnum 
have  liberty  and  he  is  hereby  impowered,  to  sell  so  much  of 
the  lands  of  said  Richard  Barnum,  deceased,  as  will  procure 
the  said  sum  of  .£53  9s.  lie?,  with  incident  charges  arising 
on  said  sale  ;  taking  the  direction  of  the  court  of  probate  for 
the  district  of  Sharon  therein. 

On  the  prayer  of   Arabella  Herrick,  of  Preston  in  New 


156  PUBLIC   RECORDS  [May, 

London  county,  shewing  to  this  Assembly  that  whereas 
Joseph  Avery  of  Norwich,  by  two  certain  notes  dated 
January  1756,  was  justly  indebted  to  her  the  sum  of  <£46 16s. 
Od.  old  tenor  bills,  which  still  remains  unpaid,  and  that  some 
time  since  the  giving  said  notes  said  Avery  by  the  superior 
court  held  in  New  London  county  has  been  convicted  of 
knowingly  uttering  and  putting  off  counterfeit  bills,  and  the 
penalty  of  the  law  in  that  case  executed,  and  the  whole  of 
said  Avery's  estate,  which  was  considerable,  forfeited  to  this 
Colony;  praying  for  an  allowance  of  said  debt  &c.  And 
whereas  said  Avery's  estate  is  since  sold  for  the  use  of  this 
Colony  and  security  taken  to  the  Colony  Treasurer  for  the 
avails  thereof :  Thereupon,  resolved  by  this  Assembly,  that 
the  said  memorialist  have  the  sum  of  £3  10s.  6d.  lawful 
money  out  of  the  Colony  treasury,  being  an  equivalent  to 
said  sum  of  £46  16s.  Od.  old  tenor,  and  the  same  is  hereby 
granted,  and  the  Treasurer  of  this  Colony  is  hereby  ordered 
and  directed  to  pay  to  the  memorialist  said  sum  of  <£3  10s. 
6d.  when  and  as  soon  as  the  avails  of  said  estate  is  paid  into 
said  treasury  accordingly. 

On  the  memorial  of  Hezekiah  Manning  of  Windham,  ad- 
ministrator on  the  estate  of  Elias  Frink  jun""  late  of  said 
Windham,  deceased,  representing  to  this  Assembly  that  the 
debts  due  from  the  estate  of  said  deceased  surmount  the 
inventoried  personal  estate  of  said  deceased  the  sum  of  £9 
Os.  Od.  lawful  money  beside  what  real  estate  of  said  deceased 
has  already  by  liberty  of  this  Assembly  been  sold ;  thereupon 
praying  liberty  to  sell  so  much  more  of  the  real  estate  of  said 
deceased  as  may  amount  to  said  sum  of  £9  Os.  Od.  lawful 
money  with  incident  charges  of  sale  &c. :  Resolved  by  this 
Assembly,  that  the  memorialist  have  liberty  and  he  is  hereby 
impowered,  to  sell  so  much  of  the  real  estate  of  said  deceased 
as  shall  amount  to  said  sum  of  £9  Os.  Od.  lawful  money  with 
incident  charges  of  sale ;  taking  the  direction  of  the  court  of 
probate  for  the  district  of  Windham  therein. 

Upon  the  memorial  of  Simeon  Stuart  of  Norwalk,  shewing 
to  this  Assembly  that  the  debts  due  from  the  estate  of  Thad- 
deus  Stuart  late  of  Norwalk,  deceased,  surmount  the  moveable 
estate  and  credits  the  sum  of  £48  7s.  dd.  lawful  money,  and 
there  being  no  moveable  estate  or  assets  to  pay  the  same, 
praying  this  Assembly  that  he  may  be  appointed  and  im- 
powered to  sell  so  much  of  the  real  estate  of  the  said  deceased 
as  shall  raise  the  sum  aforesaid  &c. :  Resolved  by  this  As- 
sembly, that  he,  the  said  Simeon  Stuart,  be  appointed  and  he 
is  hereby  impowered,  to  make  sale  of  so  much  of  the  lands  of 


1758.]  OP    CONNECTICUT.  157 

the  said  deceased  Thaddeus  Stuart  as  shall  raise  the  sum  of 
£48  Is.  Sd.  lawful  money  with  the  incident  charges  arising 
thereon ;  taking  the  advice  of  the  court  of  probates  for  the 
district  of  Fairfield  therein. 

Upon  the  memorial  of  John  Lockwood  of  Norwalk,  admin- 
istrator on  the  estate  of  Still  John  Lockwood  late  of  Green- 
wich, deceased,  shewing  to  this  Assembly  that  the  debts  due 
[  107  ]  from  said  estate  surmount  ||  the  personal  estate  the 
sum  of  £18  15s.  Sfc?.  lawful  money,  there  being  no  moveable 
estate  or  assets  to  pay  the  same ;  praying  this  Assembly  that 
he  may  be  appointed  and  impowered  to  sell  so  much  of  the 
real  estate  of  the  said  deceased  as  shall  raise  the  sum  afore- 
said &c. :  Resolved  by  this  Assembly,  that  the  aforesaid  John 
Lockwood  be  appointed  and  he  is  hereby  impowered,  to  make 
sale  of  so  much  of  the  real  estate  of  the  said  deceased  Still 
John  Lockwood  as  shall  raise  the  sum  of  £18  15s.  Sfc?.  law- 
ful money  with  the  incident  charges  arising  thereon ;  taking 
the  direction  of  the  court  of  probate  in  the  district  of  Stan- 
ford therein. 

On  the  memorial  of  John  Northrop  jun>",  of  Ridgfield,  and 
Betty  Northrop  his  wife,  administrators  on  the  estate  of 
Jonathan  Olmsted  late  of  Ridgfield,  deceased,  shewing  to  this 
Assembly  that  the  debts  due  from  the  estate  of  said  deceased 
surmount  the  moveable  estate  the  sum  of  £11 19s.  4|(^.  lawful 
money ;  praying  liberty  for  some  meet  person  to  sell  so  much 
of  the  real  estate  of  said  deceased  as  to  raise  the  sum  afore- 
said &c. :  Resolved  by  this  Assembly,  that  John  Benedict  of 
Ridgfield  have  liberty  and  he  is  hereby  impowered,  to  make 
sale  of  so  much  of  the  deceased's  real  estate  as  to  pay  the 
aforesaid  sum  of  £11  19s.  4:ld,  lawful  money  with  the 
incident  charges  arising  thereon ;  taking  the  direction  of  the 
court  of  probates  in  the  district  of  Danbury  therein. 

Upon  the  memorial  of  Samuel  Spencer,  of  East  Had- 
dam  in  Hartford  county,  administrator  on  the  estate  of 
Samuel  Spencer  late  of  said  East  Haddam,  deceased,  rep- 
resenting to  this  Assembly  that  the  debts  and  charges 
due  from  said  estate  surmount  all  the  personal  estate  of 
said  deceased  the  sum  of  £280  10s.  lid.  lawful  money, 
and  praying  this  Assembly  for  liberty  to  sell  so  much  of  the 
real  estate  of  said  deceased  as  shall  be  sufficient  to  raise  said 
sum  together  with  the  incident  charges  of  sale  &c. :  Resolved 
by  tliis  Assembly,  that  said  administrator  have  liberty  and  he 
is  hereby  appointed,  to  make  sale  of  so  much  of  said  real 
estate  as  shall  be  sufficient  to  raise  said  sum  with  the  incident 
charges  arising  thereon ;  taking  the  direction  of  the  court  of 
probate  for  the  district  of  East  Haddam  therein. 


158  PUBLIC  RECORDS  [May, 

Upon  the  memorial  of  Meriday  Bostwick  of  Greenwich  and 
Hannah  his  wife,  which  said  Hannah  is  administratrix  on 
the  estate  of  David  Lockwood  late  of  said  Greenwich,  de- 
ceased, shewing  to  this  Assembly  that  the  debts  due  from 
said  deceased  surmount  the  moveable  estate  the  sum  of  ,£59 
8s.  S^d.  lawful  money ;  praying  for  liberty  to  sell  so  much  of 
the  deceased's  real  estate  as  to  pay  said  sum  &c. :  Resolved 
by  this  Assembly,  that  Samuel  Peck  of  said  Greenwich  have 
liberty  and  he  is  hereby  impowered,  to  sell  so  much  of  the 
real  estate  of  said  deceased  as  shall  amount  to  said  sum  of 
£59  8s.  ^^d.  with  incident  charges  of  sale;  taking  the  direc- 
tion of  the  court  of  probate  for  the  district  of  Stanford 
therein. 

Upon  the  memorial  of  Ambrose  Whittlesey,  of  Saybrook  in 
New  London  county,  administrator  on  the  estate  of  Ambrose 
Whittlesey  late  of  said  Saybrook,  deceased,  representing  that 
there  are  debts  due  from  said  estate  newly  come  to  the  knowl- 
edge of  said  administrator  amounting  to  .£15  17s.  l^d.  which 
is  no  personal  estate  to  satisfy ;  praying  for  liberty  to  sell  so 
much  of  said  real  estate  as  to  raise  said  sum  together  with 
the  incident  charges  of  sale  &c. :  Resolved  by  this  Assembly, 
that  Hezekiah  Whittlesey,  Esq"",  of  said  Saybrook,  have  liberty 
and  is  hereby  appointed,  to  sell  so  much  of  the  real  estate  of 
said  deceased  as  shall  amount  to  said  sum  together  with  the 
incident  charges  of  sale;  taking  the  direction  of  the  court 
of  probate  for  the  district  [of]  Guilford  therein. 

Upon  the  report  of  John  Chester  and  Thomas  Welles,  Esq''% 
who  were  appointed  by  this  Assembly  a  committee  to  enquire 
into  the  title  and  circumstances  of  certain  Indian  lands  in 
Middleton  in  the  county  of  Hartford  lying  on  the  east  side  of 
Connecticut  River  on  both  sides  of  the  highway  that  runs  by 
the  meeting-house,  some  part  whereof  is  bounded  by  said 
river,  wherein  Richard  Ranney,  of  Newton  in  the  county  of 
Fairfield,  claims  to  have  an  interest,  and  to  make  out  the 
proportion  which  the  said  Richard  ought  to  have  and  to 
ascertain  tlie  same  &c. ;  reporting  that  some  time  in  April 
last  they  repaired  to  said  Middleton,  viewed  and  considered 
the  circumstances,  situation  and  title  of  said  lands ;  that  they 
found  that  in  the  year  1675,  two  pieces  of  land  in  said 
Middleton,  the  one  containing  two  hundred  and  seventy-nine 
acres,  the  other  twenty  acres,  were  granted  and  duly  recorded 
to  thirteen  Indians  by  name ;  that  the  said  Richard  Ranney 
is  descended  from  Robbin,  one  of  the  said  thirteen,  to  whom 
said  lands  were  granted  as  aforesaid ;  that  it  was  their  opinion 
[  108  ]  that  ten  acres  be  set  out  and  confirmed  ||  to  the  said 


1758.]  OF    CONNECTICUT.  159 

Richard  &c.:  It  is  therefore  resolved  and  ordered  by  this 
Assembly,  that  the  said  Richard  Ranny  shall  have  liberty 
and  liberty  and  authority  is  hereby  granted,  to  have  laid  out, 
apparted  and  surveyed  to  him  by  the  surveyor  for  the  county 
of  Hartford  ten  acres  of  the  first-mentioned  larger  parcel  of 
land,  to  begin  at  the  highway  about  twenty  rods  eastward 
from  said  meeting-house  and  to  extend  about  twenty  rods  on 
said  highway,  and  then  to  run  from  said  highway  northerly 
the  same  width  until  it  shall  include  said  quantity  of  ten 
acres,  and  the  same  being  so  surveyed,  laid  out  and  ascertained 
by  proper  meets  and  bounds,  and  recorded  in  the  public 
records  of  said  town  of  Middleton,  shall  be  good  and 
sufficient  evidence  for  the  holding  the  same  in  severalty  to 
him,  the  said  Richard  Ranny,  his  heirs  and  assigns  for  ever ; 
and  further  liberty  and  power  is  given  unto  the  said  Richard 
Ranny,  to  cultivate  and  improve  as  much  of  the  residue  of 
said  lands  adjoying  to  said  ten  acres  as  conveniently  he  can, 
until  some  other  of  the  descendants  of  said  Indians  claimants 
of  said  land  appear  and  make  out  their  claim  and  title  to  said 
lands  and  have  occasion  to  improve  the  same. 

Upon  the  memorial  of  Catherine  Cutler,  of  Killingly  in  the 
county  of  Windham,  administratrix  on  the  estate  of  Ezekiel 
Cutler  late  of  said  Killingly,  deceased,  shewing  to  this 
Assembly  that  the  debts  due  from  the  estate  of  said  deceased 
surmount  the  personal  estate  of  said  deceased  the  sum  of 
eleven  pounds  thirteen  shillings  and  nine  pence  lawful  money, 
and  moving  to  this  Assembly  for  liberty  to  sell  so  much  of 
the  real  estate  of  said  deceased  as  shall  be  sufficient  to  pay 
the  abovesaid  sums  with  the  incident  charges  arising  thereon : 
Resolved  by  this  Assembly,  that  the  said  Catherine  Cutler 
have  liberty  to  sell  so  much  of  said  deceased's  real  estate  as 
shall  be  sufficient  to  pay  said  sum  of  eleven  pounds  thirteen 
shillings  and  nine  pence  lawful  money  with  the  incident 
charges  arising  thereon ;  taking  the  direction  of  the  court  of 
probate  in  the  district  of  Ponifret  therein. 

Upon  the  memorial  of  Hezekiah  Sabin  of  Killingly,  and 
John  Williams  and  Mary  Sabin,  both  of  Pomfret  in  the  county 
of  Windham,  administrators  on  the  estate  of  Capt.  Noah 
Sabin  late  of  said  Pomfret,  deceased,  shewing  to  this  Assem- 
bly that  the  debts  due  from  the  estate  of  said  deceased 
surmount  the  personal  estate  of  said  deceased  the  sum  of  one 
thousand  and  fifty-one  pounds  sixteen  shillings  and  three 
pence  three  farthings  lawful  money,  and  praying  for  liberty 
to  sell  so  much  of  the  real  estate  of  said  deceased  as  shall  be 
sufficient  to  pay  the  abovesaid  sums  with  the  incident  charges 


160  PUBLIC  RECORDS  [May, 

arising  thereon:  Resolved  by  this  Assembly,  that  the  said 
administrators  have  liberty  to  sell  so  much  of  the  real  estate 
of  said  deceased  as  shall  be  sufficient  to  pay  the  abovesaid 
sum  of  one  thousand  and  fifty-one  pounds  sixteen  shillings 
and  three  pence  three  farthings  lawful  money  with  the 
incident  charges  arising  thereon ;  taking  the  directions  of  the 
judge  of  probates  in  the  district  of  Pomfret  therein. 

Upon  the  memorial  of  Lt.  Thomas  Gallop  of  Plainfield, 
representing  that  in  the  year  1756  he  went  in  the  expedition 
against  Crown  Point  as  first  lieutenant  in  the  company  under 
Capt.  Israel  Putnam  in  Col.  Lyman's  regiment,  and  faithfully 
discharged  his  duty  therein  from  the  time  of  his  appointment 
until  he  was  taken  sick  and  unable  further  to  serve,  and  that 
thereupon  he  returned  home  to  Plainfield  where  lie  arrived 
on  the  6th  day  of  October  in  the  same  year,  and  that  he  had 
not  ever  been  able  to  receive  more  than  his  first  months  pay 
for  his  service  &c.  for  the  reasons  as  in  said  memorial  set 
forth ;  praying  relief  &c. :  Resolved  by  this  Assembly,  that 
the  said  Thomas  Gallop  shall  be  paid  in  full  for  his  wages  in 
the  capacity  aforesaid  from  the  time  of  his  said  appointment 
unto  the  said  6th  day  of  October,  1756,  exclusive  of  the  first 
months  pay  which  he  has  already  received.  And  the  Com- 
mittee of  the  Pay-Table  are  hereby  directed  to  draw  their 
order  on  the  Treasurer  for  payment  of  the  same. 

Upon  the  memorial  of  Margaret  Brown  of  New  London, 
administratrix  on  the  estate  of  Abner  Brown  jun""  late  of  said 
[109]  New  London,  deceased,  shewing  ||  to  this  Assembly 
that  the  debts  due  from  said  estate  surmount  the  personal 
estate  thereof  the  sum  of  thirty-seven  pounds  and  five  shil- 
lings lawful  money ;  praying  for  liberty  to  sell  some  of  the 
said  deceased's  land  to  raise  said  sum  to  pay  said  debt :  Re- 
solved by  this  Assembly,  that  the  said  Margaret  Brown  have 
liberty  and  liberty  is  hereby  granted  to  said  Margaret  Brown, 
to  sell  so  much  of  the  real  estate  of  said  deceased  as  shall  be 
sufficient  to  raise  the  said  sum  of  Xo7  5s.  Od.  lawful  money, 
for  the  payment  of  said  debt,  with  the  necessary  charge 
thereon  arising  ;  taking  the  advice  of  the  court  of  probate  in 
the  district  of  New  London. 

Upon  the  memorial  of  Daniel  Lee  as  agent  for  the  society 
of  East  Greenwich  in  the  town  of  Kent,  shewing  that  this 
Assembly  at  their  session  at  New  Haven  in  October  last 
granted  a  tax  on  the  unimproved  land  in  said  society  toward 
defraying  the  charges  of  settling  a  minister  in  said  society, 
and  appointed  Mr.  Jonathan  Sacket  jun''  to  collect  said  tax, 
who  wholly  refuses  to  undertake  said  service ;    praying  this 


1758.]  OF    CONNECTICUT.  161 

Assembly  to  appoint  Mr.  Joseph  Carter  of  said  society  to 
collect  said  tax  :  This  Assembly  do  appoint  the  said  Joseph 
Carter  and  fully  impower  him  to  collect  said  tax  according 
to  the  directions  of  the  act  of  this  Assembly  above  referred  to. 
Resolved  by  this  Assembly,  That  Mr.  John  Griswold 
and  Mr.  Richard  Lord  be  appointed  and  they  are  hereby 
authorized  and  impowered,  to  adjust  and  settle  accounts  with 
the  collectors  within  the  county  of  New  London  who  have 
been  appointed  to  receive  the  duties  on  lumber  exported  and 
goods  imported  &c.  and  to  report  their  doings  thereon  to  this 
Assembly  in  October  next. 

Upon  the  memorial  of  Thomas  Noble  and  Anna  Noble, 
both  of  New  Milford,  administrators  of  the  estate  of  John 
Noble  jun""  late  of  said  New  Milford,  deceased,  shewing  to 
this  Assembly  that  the  debts  due  from  said  estate  surmount 
the  moveable  estate  of  said  deceased  the  sum  of  ten  pounds 
fifteen  shillings  and  eight  pence  half-penny  lawful  money ; 
praying  this  Assembly  to  impower  said  memorialists  to  sell 
so  much  of  the  real  estate  of  said  deceased  as  shall  be  sufficient 
to  pay  said  sum  &c. :  Resolved  by  this  Assembly,  that  the 
memorialists  have  power  and  they  are  hereby  impowered,  to 
sell  so  much  of  the  real  estate  of  said  deceased  as  shall  be 
sufficient  to  pay  said  sum  together  with  the  incident  charges 
arising  thereon  ;  taking  the  direction  of  the  court  of  probate 
for  the  district  of  Woodbury  therein. 

Upon  the  memorial  of  Abraham  Wing,  of  Beekmans  Pre- 
cinct in  the  county  of  Dutchess  in  the  Province  of  New  York, 
shewing  that  on  the  6th  day  of  October  1749,  one  Jabez  Park, 
then  of  New  Fairfield  in  the  Colony  of  Connecticut,  (since 
deceased,)  for  the  consideration  of  the  sum  of  X120  old 
tenor  money,  by  a  good  deed  of  sale  under  his  hand  and  seal 
by  him  executed  and  delivered  to  the  memorialist,  sold  and 
conveyed  to  the  memorialist  a  certain  tract  of  land  situate  in 
said  New  Fairfield  containing  twenty  acres,  bounded  as  in 
said  deed  expressed,  and  there  being  no  proper  authority 
present  to  take  the  acknowledgment  of  said  deed  the  same 
was  not  acknowledged  at  the  time  of  executing  the  same,  and 
that  the  said  Jabez  Park  sometime  after  died  and  did  not 
acknowledge  said  deed ;  praying  this  Assembly  to  enact  that 
said  deed  may  be  recorded  with  the  affidavit  thereon  endorsed, 
(being  tlie  testimony  of  the  witnesses  to  said  deed  that  the 
same  was  duly  executed,)  and  that  said  deed  being  so  re- 
corded may  be  given  in  evidence  of  the  memorialist's  title  to 
said  land  as  if  the  same  had  been  acknowledged  &c. :  Resolved 
by  this  Assembly,  that  the  memorialist  have  liberty  to  have 
21 


162  PUBLIC  RECORDS  [May, 

said  deed  with  said  endorsement  thereon  recorded  in  the 
public  records  of  lands  in  the  town  of  New  Fairfield,  and 
the  same  being  so  recorded  may  be  given  in  evidence  and 
shall  be  as  good  and  effectual  to  all  intents  and  purposes  as 
if  the  same  had  been  acknowledged  by  the  said  Jabez  Park 
in  his  lifetime. 

Upon  the  memorial  of  John  Felshaw  and  Damaris  Chandler, 
administrators  on  the  estate  of  Lemuel  Chandler  late  of  Kil- 
lingly,  deceased,  representing  to  this  Assembly  that  the  debts 
due  from  said  estate  surmount  the  personal  estate  the  sum  of 
X24  17s.  Sid.  lawful  money;  praying  for  liberty  to  sell  so 
much  of  the  said  deceased's  real  estate  as  to  make  said  sum 
with  the  incident  charges :  Resolved  by  this  Assembly,  that 
the  said  John  Felshaw  and  Damaris  Chandler  have  liberty 
and  they  are  hereby  impowered,  to  sell  so  much  of  the  real 
estate  of  the  said  Lemuel  Chandler  as  is  sufficient  to  procure 
[110]  said  sum  of  <£24  17s.  Sid.  \\  lawful  money  with  the 
necessary  charges  arising  on  such  sale ;  taking  the  direction 
of  the  court  of  probate  for  the  district  of  Pomfret  therein. 

Upon  the  memorial  of  Lydia  Whitney,  administratrix  on 
the  estate  of  James  Whitney  late  of  Ridgfield,  deceased,  re- 
presenting to  this  Assembly  that  the  debts  due  from  the  estate 
of  said  deceased  surmount  the  moveable  estate  the  sum  of 
£16  4s.  Sd. ;  praying  this  Assembly  to  impower  the  memo- 
rialist, or  some  other  meet  person,  to  make  sale  of  so  much 
of  the  said  deceased's  real  estate  as  to  enable  the  memorialist 
to  pay  the  aforesaid  debts  with  additional  cost  arising  thereon 
&c. :  Resolved  by  this  Assembly,  that  Recompence  Thomas  of 
Ridgfield  have  liberty  and  he  is  hereby  impowered,  to  make 
sale  of  so  much  of  the  real  estate  of  said  deceased  as  shall 
enable  the  said  administratrix  to  pay  the  said  debt  with  inci- 
dent charges  arising  thereon ;  taking  the  advice  of  the  court 
of  probate  in  the  district  of  Danbury  therein. 

Upon  the  memorial  of  Stephen  Nott  of  Saybrook,  shewing 
to  this  Assembly  that  in  the  night  season  next  after  the  ninth 
of  May  instant  his  dwelling-house  &c.  with  forty-five  pounds 
in  bills  of  public  credit  on  this  Colony  were  burnt  and  con- 
sumed to  ashes ;  praying  that  the  Treasurer  of  this  Colony 
might  be  ordered  and  directed  to  pay  to  said  memorialist  the 
said  sum  of  forty-five  pounds  lawful  money,  as  per  memorial 
on  file  :  Resolved  by  this  Assembly,  that  the  Treasurer  of  this 
Colony  be  and  he  is  hereby  ordered  and  directed  to  pay  to 
said  Stephen  Nott  out  of  the  public  treasury  of  this  Colony  the 
sum  of  forty-five  pounds  in  bills  of  credit  on  this  Colony  ;  tak- 
ing his  receipt  for  the  same. 


1758.]  OP    CONNECTICUT.  163 

Upon  the  memorial  of  Sarah  North  of  Canaan,  administra- 
trix of  the  estate  of  James  North  late  of  said  Canaan,  de- 
ceased, shewing  to  this  Assembly  that  the  debts  due  from 
said  deceased  surmount  his  moA'eable  estate  the  sum  of 
seventy-one  pounds  ten  shillings  and  four  pence  one  farthing 
lawful  money ;  praying  this  Assembly  to  impower  the  memo- 
rialist, or  some  other  meet  person,  to  sell  so  much  of  the  real 
estate  of  said  deceased  as  shall  be  sufficient  to  pay  said  sum 
and  the  incident  charges  &c. :  Resolved  by  this  Assembly, 
that  the  memorialist  have  power  and  she  is  hereby  impow- 
ered,  to  sell  so  much  of  the  real  estate  of  said  deceased  as 
shall  be  sufficient  to  pay  said  sum  together  with  the  incident 
charges  arising  thereon  ;  taking  the  direction  of  the  court  of 
probate  for  the  district  of  Sharon  therein. 

Upon  the  memorial  of  Lucy  Dewolf  of  Lyme,  administra- 
trix on  the  estate  of  Simon  Dewolf  late  of  Lyme,  deceased, 
shewing  to  this  Assembly  that  at  the  court  of  probate  held  at 
New  London  on  the  24th  of  September  1756,  said  memorialist 
settled  lier  account  which  surmounted  the  personal  estate  of 
said  deceased  the  sum  of  thirty-nine  pounds  sixteen  shillings 
and  five  pence  lawful  money  for  which  she  obtained  an  order 
of  Assembly  to  sell  so  much  of  the  real  estate  of  said  deceased 
as  should  amount  to  that  sum ;  that  said  memorialist  applied 
to  the  court  of  probate  held  at  New  London  on  the  11th  of  April 
1758,  and  produced  an  account  of  sundry  debts  paid  by  her  (not 
included  in  her  former  account)  amounting  to  the  sum  of  fifteen 
pounds  eighteen  shillings  and  three  pence  half-penny  law- 
ful money,  as  also  two  debts  still  due  amounting  to  six  pounds 
sixteen  shillings  lawful  money,  which  two  last-mentioned  sums 
amount  to  twenty-two  pounds  fourteen  shillings  and  three 
pence  lawful  money,  and  that  the  remaining  real  estate  of 
said  deceased  amounts  to  the  sum  of  forty-four  pounds  thir- 
teen shillings  and  seven  pence  lawful  money  ;  praying  for 
liberty  to  sell  so  much  of  the  real  estate  of  said  deceased  as 
shall  amount  to  the  sum  of  twenty-two  pounds  fourteen  shil- 
lings and  three  pence  lawful  money,  as  per  memorial  on  file 
&c. :  Resolved  by  this  Assembly,  that  said  memorialist  be 
and  she  is  hereby  impowered,  to  make  sale  of  so  much  of  the 
remaining  real  estate  of  said  deceased  as  shall  amount  to  the 
sum  of  twenty-two  pounds  fourteen  shillings  three  pence  half- 
penny lawful  money  with  the  incident  charges  arising  thereon ; 
taking  the  advice  aiid  direction  of  the  court  of  probate  for  the 
district  of  New  London  therein. 

Upon  the  memorial  of  Isaac  Hall  of  Lyme,  administrator 
on  the  estate  of  George  Hall  late  of  said  Lyme,  deceased, 


164  PUBLIC  RECORDS  [May, 

shewing  to  this  Assembly  that  the  real  estate  of  said  deceased 
[111  ]  amounts  to  the  sum  of  £5696  6s.  8d.  old  tenor,  ||  which 
was  equal  to  the  sum  of  ,£517  166-.  10(^.  lawful  money  at  the 
time  of  making  the  inventory  of  said  estate;  tliat  Eunice 
Hall,  the  former  administratrix  on  said  estate,  made  up  an 
account  with  the  court  of  probate  held  at  New  London  the 
10th  of  May  1757,  and  produced  a  list  of  debts  due  from  said 
estate  which  surmounted  the  personal  estate  of  said  deceased 
the  sum  of  .£689  2s.  6d.  which  being  reduced  to  lawful 
money  makes  the  sum  of  £62  18s.  2c?.;  that  said  memorialist 
exhibited  an  account  of  sundry  debts  due  from  said  deceased 
and  paid  by  said  memorialist  with  charge  of  administration 
amounted  to  £16  8s.  2d.  lawful  money  allowed  by  the  court 
of  probate  held  at  New  London  aforesaid  on  the  9th  of  May 
1758,  and  also  produced  a  list  of  debts  still  due  from  the 
estate  of  said  deceased,  amounting  to  the  sum  of  £19  16s.  9d. 
lawful  money,  both  which  sums  amount  to  £36  4s.  lid. 
lawful  money,  none  of  which  are  included  in  the  former 
settlement,  which  debts,  charges  &c.  surmount  the  personal 
estate  of  said  deceased  the  sum  of  £98  18s.  Id.  lawful  money; 
praying  for  liberty  to  sell  so  much  of  the  real  estate  of  said 
deceased  as  shall  amount  to  said  sum  of  £98  18s.  Id.  lawful 
money  with  incident  charges,  as  per  memorial  on  file :  Re- 
solved by  this  Assembly,  that  said  memorialist  be  and  he  is 
hereby  appointed  and  impowered,  to  make  sale  of  so  much  of 
the  real  estate  of  said  deceased  as  shall  amount  to  the  sum  of 
ninety-eight  pounds  eighteen  shillings  and  one  penny  lawful 
money  with  the  incident  charges  arising  thereon ;  taking  the 
advice  and  direction  of  the  com't  of  probate  for  the  district  of 
New  London  therein. 

Upon  the  memorial  of  Jabez  Dewolf  of  Lyme,  shewing  tc 
this  Assembly  that  on  the  23d  day  of  April  A.D.  1754  he,  the 
said  Jabez,  purchased  of  Josiah  Dewolf  of  said  Lyme,  and 
Simon  Dewolf  late  of  said  Lyme,  deceased,  a  certain  tract  of 
land  of  about  ten  acres  and  then  had  a  deed  thereof  dated 
the  same  28d  day  of  April,  which  deed  was  by  said  grantors 
sign'd,  seal'd  and  delivered,  but  never  was  acknowledged  by 
said  Simon  in  his  life  time :  Therefore,  resolved  by  this  As- 
sembly, that  said  deed  shall  by  the  register  of  said  Lyme  be 
entered  and  recorded  in  the  records  of  said  Lyme,  and  that 
the  same  shall  be  valid  and  effectual  in  the  law  as  though 
the  same  had  been  duly  acknowledged  in  the  life  time  of  said 
Simon  deceased,  and  may  be  given  in  evidence  of  the  title  of 
said  land. 

On  the  memorial  of  Matthias  Smith  of  Lebanon,  shewing 


1758.]  OP    CONNECTICUT.  165 

to  this  Assembly  that  by  his  wounds  received  in  the  battle 
near  Lake  George  in  the  year  1755,  he  has  been  ever  since, 
and  still  is,  unfit  for  labour,  and  has  been  at  considerable 
expence  for  his  board  for  the  year  past  &c. ;  praying  for  a  grant 
of  this  Assembly  for  the  payment  thereof,  and  also  a  license 
for  pedling  within  this  Colony  for  three  years  next  ensuing 
&c. :  Resolved  by  this  Assembly,  that  the  memorialist  have, 
to  defray  his  past  expences  for  board  &c.  the  sum  of  <£10  Os. 
Od.  lawful  money,  and  the  Treasurer  of  this  Colony  is  hereby 
ordered  to  pay  the  said  sum  to  the  said  Smith  accordingly ; 
and  liberty  is  hereby  granted  to  the  said  Smith  of  pedling 
and  selling  goods  by  small  quantities  throughout  this  Colony 
for  the  space  of  three  years  next  coming,  without  paying  any 
sum  as  by  law  provided  for  a  license  therefor. 

Upon  the  memorial  of  David  Hurd,  of  Woodbury  in  the 
county  of  Litchfield,  representing  that  he  being  of  the  old 
society  in  said  Woodbury  but  living  so  near  the  society  of 
Roxbury  that  he  can  more  conveniently  attend  the  public 
worship  of  God  in  said  society  of  Roxbury;  praying  that  he 
may  be  taken  from  the  said  old  society  and  with  his  dwelling- 
house  and  farm  adjoyning  thereto  may  be  annexed  to  said 
Roxbury  society :  Resolved  by  this  Assembly,  that  the  said 
David  Hurd  and  his  dwelling-house  and  farm  adjoyning  be 
and  the  same  are  hereby  taken  from  the  said  first  society  and 
annexed  to  the  said  society  of  Roxbury. 

Upon  the  memorial  of  Joseph  Ranny  and  Prudence  Sav- 
age, administrators  on  the  estate  of  Joseph  Savage  late  of 
Middleton  in  said  Colony,  deceased,  shewing  to  this  Assembly 
that  the  debts  and  charges  due  from  said  estate  surmount 
the  moveable  part  thereof  the  sum  of  £58  5s.  6d.  lawful 
money,  and  thereupon  praying  for  liberty  to  sell  real  estate 
&c. :  Resolved  by  this  Assembly,  that  the  memorialist  have 
liberty  and  liberty  is  hereby  granted  them,  to  sell  so  much  of 
the  real  estate  of  said  deceased  as  will  procure  the  aforesaid 
sum  of  fifty-eight  pounds  five  shillings  and  six  pence  together 
with  the  incident  charges  arising  thereon  ;  taking  the  direc- 
tion of  the  court  of  probate  for  the  district  of  Middleton 
therein. 

[112]  Upon  the  memorial  of  Mary  Payson,  of  Woodstock 
in  the  county  of  Windham,  administratrix  on  the  estate  of 
Mr.  Asa  Payson  late  of  said  Woodstock,  deceased,  shewing  to 
this  Assembly  that  the  debts  due  from  the  estate  of  said 
deceased  surmount  the  personal  estate  the  sum  of  one  hundred 
forty-five  pounds  two  shillings  and  nine  pence  lawful  money,  and 
moving  to  this  Assembly  for  liberty  to  make  sale  of  so  much 


166  PUBLIC  RECORDS  [May, 

of  the  real  estate  of  said  deceased  as  shall  be  sufficient  to  pay 
the  abovesaid  sums  with  the  incident  charges  arising  thereon : 
Resolved  by  this  Assembly,  that  the  said  administratrix  have 
liberty  to  sell  so  much  of  the  real  estate  of  said  deceased  as 
shall  be  sufficient  to  pay  the  said  sum  of  one  hundred  forty- 
five  pounds  two  shillings  and  nine  pence  lawful  money  with 
the  incident  charges  arising  thereon ;  taking  the  direction  of 
the  judge  of  probate  in  the  district  of  Pomfret  therein. 

Upon  the  memorial  of  Abigail  Woodward,  administratrix 
on  the  estate  of  Samuel  Woodward  late  of  New  Haven  in  the 
county  of  New  Haven,  shewing  to  this  Assembly  that  the 
debts  due  from  the  estate  of  the  said  Samuel  surmount  his 
personal  estate  the  sum  of  £19  lis.  8d.  lawful  money;  pray- 
ing for  liberty  to  sell  so  much  of  the  real  estate  of  the  said 
deceased  as  will  enable  her  to  pay  said  sum  with  the  incident 
charges  arising  on  such  sale :  Resolved  by  this  Assembly, 
that  the  said  administratrix  be  impowered  and  she  is  hereby 
impowered,  to  sell  so  much  of  the  said  real  estate  as  to  make 
said  sum  with  the  incident  charges ;  taking  the  direction  of 
the  court  of  probate  for  the  district  of  New  Haven  therein. 

Upon  the  memorial  of  the  inhabitants  of  the  parish  of 
Mount  Carmel,  representing  that  in  describing  the  bounds  of 
said  parish  by  the  committee  that  lately  laid  out  the  same 
there  was  a  mistake  or  uncertainty  with  respect  to  a  highway 
referred  to  lying  eastward  of  James  Ives  farm  on  the  east- 
ward side  of  said  parish,  also  greater  certainty  wanting  in 
the  bounds  on  the  southward  side  of  the  Blue  Hills ;  further 
representing  that  it  would  be  convenient  and  best,  to  have 
the  bounds  on  the  east  near  said  Ives  and  Ithamar  Todds 
farm  enlarged  a  small  matter,  and  also  on  the  south  to  have 
the  bounds  extended  down  as  low  as  the  south  bounds  of 
North  Haven  parish ;  praying  to  have  said  enlargements 
made,  or  a  committee  to  view  &c.,  as  by  the  memorial  on  tile 
may  more  fully  appear :  Resolved  by  this  Assembly,  that 
Roger  Newton,  Esq"",  Capt.  Moses  Hawkins  and  Mr.  Enos 
Brooks  be  a  committee,  and  they  are  hereby  impowered  and 
directed  on  the  application  and  at  the  cost  of  said  inhabitants, 
to  repair  to  said  parish  and  having  notified  the  neighbouring 
parishes,  viz :  New  Haven  First  Society  and  North  Haven,  to 
view  the  situation  and  circumstances  of  said  parish  and  said 
neighbour  parishes,  and  make  report  in  the  premises  to  this 
Assembly  in  October  next. 

Upon  the  memorial  of  Peter  Bowen,  of  Brookfield  in  the 
county  of  Worcester  and  Province  of  the  Massachusets  Bay, 
administrator  on  the  estate  of  Mr.  John  Bowen  late  of  Ash- 


1758.]  OF    CONNECTICUT.  167 

ford,  deceased,  shewing  to  this  Assembly  that  the  debts  due 
from  the  estate  of  said  deceased  surmount  the  personal  estate 
the  sum  of  twelve  pounds  nineteen  and  nine  pence  lawful 
money,  and  moving  to  this  Assembly  for  liberty  to  make  sale 
of  so  much  of  said  deceased's  real  estate  as  shall  be  sufficient 
to  pay  said  sum  with  the  incident  charges  arising  thereon : 
Resolved  by  this  Assembly,  that  the  said  administrator  have 
liberty  to  sell  so  much  of  the  real  estate  of  said  deceased  as 
shall  be  sufficient  to  pay  the  sum  of  twelve  pounds  nineteen 
shillings  and  nine  pence  lawful  money  with  the  incident 
charges  arising  thereon  ;  taking  the  direction  of  the  judge  of 
probate  in  the  district  of  Pomfret  therein. 

Upon  the  memorial  of  Peter  Chandler  and  Mary  his  wife, 
both  of  Pomfret  in  the  county  of  Windham,  which  Mary  is 
administratrix  on  the  estate  of  William  Chandler  jun""  late  of 
Woodstock,  deceased,  shewing  to  this  Assembly  that  the 
debts  due  from  the  estate  of  said  deceased  surmount  the  per- 
sonal estate  of  said  deceased  the  sum  of  twenty-five  pounds 
five  pence  three  farthings  lawful  money,  and  moving  to  this 
Assembly  that  the  said  memorialist  may  have  liberty  to  sell 
so  much  of  said  deceased's  real  estate  as  shall  be  sufficient  to 
pay  the  abovesaid  sum  with  the  incident  charges  arising 
thereon :  Resolved  by  this  Assembly,  that  the  said  Peter 
Chandler  and  Mary  his  wife  have  liberty  to  sell  so  nmch  of 
the  real  estate  of  said  deceased  as  shall  be  sufficient  to  pay 
said  sum  of  twenty-five  pounds  five  pence  three  farthings 
lawful  money  with  the  incident  charges  arising  thereon ;  tak- 
ing the  direction  of  the  judge  of  probate  for  the  district  of 
Pomfret  therein. 

[  113  ]  Upon  the  memorial  of  Micah  White,  of  Braintry  in  the 
county  of  Suffolk  and  Province  of  the  Massachusets  Bay,  and 
Nathan  Pearl,  of  Ashford  in  the  county  of  Windham,  admin- 
istrators on  the  estate  of  Nehemiah  White  late  of  said  Ash- 
ford. deceased,  shewing  to  this  Assembly  that  the  debts  due 
from  the  estate  of  said  deceased  surmount  the  personal  estate 
the  sum  of  twelve  pounds  one  shilling  lawful  money,  and 
moving  to  this  Assembly  for  liberty  to  sell  so  much  of  the 
real  estate  of  said  deceased  as  shall  be  sufficient  to  pay  the 
abovesaid  sum  with  the  incident  charges  arising  thereon : 
Resolved  by  this  Assembly,  that  the  said  administrators  have 
liberty  to  sell  so  much  of  the  real  estate  of  said  deceased  as 
shall  be  sufficient  to  pay  the  al^ovesaid  sum  of  twelve  pounds 
one  shilling  lawful  money  with  the  incident  charges  arising 
thereon ;  taking  the  direction  of  the  judge  of  probate  in  the 
district  of  Pomfret  therein. 


168  PUBLIC  RECORDS  [May, 

Upon  the  memorial  of  Micah  White,  of  Brainti'y  in  the 
county  of  Suffolk  and  Province  of  the  Massachusets  Bay, 
and  Nathan  Pearl,  pf  Ashford  in  the  county  of  Windham, 
administrators  on  the  estate  of  Mrs.  Ruth  White  late  of  said 
Ashford,  deceased,  shewing  to  this  Assembly  that  the  debts 
due  from  the  estate  of  said  deceased  surmount  the  personal 
estate  the  sum  of  twenty  pounds  twelve  shillings  and  eight 
pence  three  farthings  lawful  money,  and  praying  to  this  As- 
sembly for  lil^erty  to  sell  so  much  of  the  real  estate  of  said 
deceased  as  shall  be  sufficient  to  pay  said  sum  with  the  inci- 
dent charges  arising  thereon :  Resolved  by  this  Assembly, 
that  the  said  administrators  have  liberty  to  make  sale  of  so 
much  of  the  real  estate  of  said  deceased  as  shall  be  sufficient 
to  pay  said  sum  of  twenty  pounds  twelve  shillings  and  eight 
pence  three  farthings  lawful  money  with  the  incident  charges 
arising  thereon ;  taking  the  direction  of  the  judge  of  probate 
in  the  district  of  Pomfret  therein. 

Upon  the  memorial  of  Noah  Smith  and  Experience  Smith, 
both  of  New  Fairfield,  shewing  that  the  memorialists  dwell  in 
the  south  society  in  said  New  Fairfield  near  the  north  line 
thereof,  and  the  farm  whereon  they  dwell  being  about  140 
acres  of  land  lielonging  to  the  memorialists  and  the  rest  of 
the  heirs  of  Noah  Smith  late  of  said  New  Fairfield,  deceased, 
lieth  part  in  the  north  society  in  said  New  Fairfield,  and  that 
it  is  much  more  convenient  for  the  memorialists  to  attend 
the  public  worship  of  God  and  enjoy  other  society  priviledges 
in  said  north  society  than  it  is  in  said  south  society,  they  being 
about  ten  miles  distant  from  the  south  society  meeting-house 
and  but  about  four  miles  from  the  north  society  meeting-house ; 
vtherefore  praying  this  Assembly  that  the  dwelling-houses  of 
the  memorialists  and  that  part  of  said  farm  which  lieth  in 
said  south  society  may  be  annexed  to  the  north  society  &c. : 
Resolved  by  this  Assembly,  that  the  memorialists'  dwelling- 
houses  and  all  that  part  of  their  said  farm  that  lieth  in  said 
south  society, shall  be  annexed  and  the  same  is  hereby  an- 
nexed to  the  north  society  in  said  New  Fairfield,  and  that  the 
memorialists  and  others  that  may  and  do  dwell  on  said  farm 
shall  for  the  future  be  excused  from  paying  taxes  to  said 
south  society  and  shall  pay  society  taxes  and  enjoy  society 
priviledges  in  said  north  society 

Upon  the  memorial  of  Sarah  Smith,  administratrix  on  the 
estate  of  Daniel  Smith  late  of  Norwich,  deceased,  shewing  to 
this  Assembly  that  tlie  debts  and  charges  allowed  against  the 
estate  of  the  said  deceased  surmount  the  personal  estate  of 
the  said  deceased  the  sum  of  =£52  Os.  lO^d.  and  praying  this 


1758.]  OF    CONNECTICUT.  169 

Assembly  to  grant  to  the  memorialist  liberty  to  sell  so  much 
of  the  real  estate  of  the  said  deceased  as  to  pay  the  said  sum 
of  X52  Os.  lO^d.  and  the  necessary  charges  arising  on  such 
sale :  Resolved  by  this  Assembly,  that  the  memorialist  have 
liberty  and  liberty  is  hereby  granted  to  her,  to  sell  so  much 
of  the  real  estate  of  the  said  deceased  as  to  enable  her  to  pay 
the  said  sum  of  .£52  Os.  lO^d.  and  the  necessary  charges  aris- 
ing on  such  sale  ;  taking  the  direction  of  the  court  of  probate 
in  the  district  of  Norwich  therein. 

Upon  the  memorial  of  Hezekiah  Treadwell  of  Stratford, 
administrator  on  the  estate  of  Enos  Beardslee  late  of  said 
Stratford,  deceased,  representing  to  this  Assembly  that  the 
debts  due  from  the  estate  of  said  deceased  surmount  the 
moveable  estate  the  sum  oi  £9  12s.  Id.  lawful  money,  and 
praying  that  he  may  be  appointed  to  sell  so  much  of  the  real 
estate  of  said  deceased  as  may  be  sufficient  to  raise  said  sum 
<fec. :  Resolved  by  this  Assembly,  that  the  said  Hezekiah 
[114]  Treadwell  be  appointed  and  he  is  hereby  appointed  and  || 
impowered  to  make  sale  of  so  much  of  the  real  estate  of  the 
said  deceased  Enos  Beardslee  as  will  be  sufficient  to  pay  and 
satisfy  said  sum  of  .£9  12s.  Id.  with  the  incident  charges  aris- 
ing on  such  sale  ;  taking  directions  from  the  court  of  probate 
in  the  district  of  Fairfield  therein. 

Upon  the  memorial  of  Thomas  Belding  and  David  Good- 
rich 2d,  administrators  on  the  estate  of  Amos  Belding  late  of 
Weathersfield,  deceased,  representing  to  this  Assembly  that 
the  debts  due  from  the  estate  of  said  Amos  Belding  surmount 
the  moveable  estate  the  sum  of  <£527  19.s.  4o-f?.  lawful  money; 
praying  for  liberty  to  sell  so  much  of  the  real  estate  of  said 
Amos  as  to  pay  said  sum :  Resolved  by  this  Assembly,  that 
the  said  administrators  have  liberty  to  sell  so  much  of  the 
real  estate  of  said  Amos  Belding,  deceased,  as  to  make  said 
X527  19.S.  4:hd.  lawful  money  with  the  incident  charges 
arising  thereon ;  taking  the  directions  of  the  court  of  probate 
in  the  district  of  Hartford  therein. 

Upon  the  memorial  of  Hannah  Keeny  of  New  London, 
administratrix  on  the  estate  of  John  Keeny  sen^"  late  of  said 
New  London,  deceased,  shewing  to  this  Assembly  that  the 
debts  due  from  the  estate  of  said  deceased  surmount  the  per- 
sonal estate  of  said  deceased  the  sum  of  thirty-four  pounds 
and  six  pence  lawful  money,  and  praying  for  liberty  to  sell  so 
much  of  the  said  deceased's  real  estate  as  shall  raise  the  said 
sum :  Resolved  by  this  Assembly,  that  the  said  Hannah 
Keeny  shall  have  liberty  and  liberty  is  hereby  granted  to  the 
said  Hannah  Keeny,  to  sell  such  a  part  of  the  real  estate  of 
22 


170  ■  PUBLIC   RECORDS  [May, 

said  John  Keeny,  deceased,  as  shall  be  sufficient  to  raise  the  sum 
of  £34  pound  and  six  pence  lawful  money  with  the  necessary 
charge  thereon  arising ;  taking  the  advice  of  the  court  of  pro- 
bate within  the  district  of  New  London. 

On  the  petition  of  William  Brattle  and  Martha  Brattle  his 
wife  and  Andrew  Oliver  junr,  all  of  Boston  in  the  county  of 
Suffolk  and  Province  of  the  Massachusets  Bay,  versus  Israel 
Foot  of  Colchester  and  his  wife,  and  Joseph  Williams,  Barret 
Phelps,  Thomas  Loveland  jun^,  Isaac  Tilden,  Jonathan  Tillot- 
son,  James  Tillotson,  Mary  Owen  the  daughter  of  Noah  Owen 
junr  deceased,  (a  minor,)  John  Rowe,  Nathaniel  Root,  Mat- 
thew Williams  jun"",  and  John  Brown,  all  of  Hebron  in  the 
county  of  Hartford,  and  John  Williams  of  Lebanon  in  the 
county  of  Windham,  on  file,  the  question  was  put,  whether 
the  prayer  of  said  petition  should  be  granted :  Resolved  by 
this  Assembly  in  the  negative.  Cost  allowed  respondeiit  £2 
2s.  Od.  laivful  money.     Ex.  granted  June  9th  17^58. 

On  the  petition  of  Joseph  Phelps  jun"",  of  Hebron  in  the 
county  of  Hartford,  versus  Isaac  Sawyer  of  Hebron  aforesaid, 
on  file,  the  question  was  put,  whether  the  petitioner  should 
have  a  new  tryal  as  prayed  for :  Resolved  by  this  Assembly 
in  the  negative.  Cost  allowed  respondent  £2  10s.  Od.  lawful 
money.     Ex.  granted  Jidy  12th  1758. 

On  the  petition  of  James  Ely,  of  Lyme  in  the  county  of 
New  London,  versus  Richard  Lord  of  Lyme  aforesaid,  on  file, 
the  question  was  put,  whether  the  pleas  offered  by  the  re^ 
spondent  in  abatement  of  said  petition  are  sufficient  to  abate 
the  same:  Resolved  by  this  Assembly  in  the  affirmative. 
Cost  allowed  respondent  is  £1  18s.  6d.  lawful  money.  Ex. 
granted  Sept.  15th  1758. 

On  the  petition  of  James  Marvin,  of  Lyme  in  the  county 
of  New  London,  versus  Lewis  DcAvolf  of  Lyme  aforesaid,  on 
file,  the  question  was  put,  whether  the  prayer  of  said  petition 
should  be  granted :  Resolved  by  this  Assembly  in  the  nega- 
tive. Cost  allowed  respondent  £1  ISs.  Od.  lawful  money. 
Ex.  granted  Sept.  15th  1758. 

[115]  On  the  petition  of  Andrew  Mackenzie  and  Joseph 
Chew,  of  New  London  in  the  county  of  New  London,  versus 
Margaret  Pollard,  of  Boston  in  the  county  of  Suffolk  and 
Province  of  the  Massachusets  Bay,  executrix  of  the  last  will 
and  testament  of  Benjamin  Pollard  late  of  Boston  aforesaid, 
deceased,  on  file,  the  question  was  put,  whether  the  superior 
court  in  proceeding  to  and  rendering  judgment  manifest  error 
hath  intervened :  Resolved  by  this  Assembly  in  the  negative. 


1758.]  OP    CONNECTICUT.  171 

Cost  allowed  respondent  is  <£1  14s.  Qd.  lawful  money.     Ex. 
granted  Nov.  20th  1758. 

On  the  petition  of  Samuel  Chandler,  Esq'',  Isaac  Johnson, 
John  Morse,  Benjamin  Bugbee  etc.,  inhabitants  of  the  first 
society  in  Woodstock  in.  the  county  of  Windham,  versus  the 
Revd  Mr.  Abel  Stiles  of  said  Woodstock  and  Daniel  Lyon, 
a  principal  inhabitant  in  the  first  society  aforesaid,  and  the 
rest  of  the  inhabitants  of  said  first  society,  on  file,  the  ques- 
tion was  put,  whether  the  matters  requested  and  prayed  for 
in  the  said  petition  should  be  granted :  Resolved  by  this  As- 
sembly in  the  negative. 

On  the  petition  of  Thomas  Elmor,  of  Windsor  in  the  county 
of  Hartford,  versus  Nathaniel  Porter  of  Windsor  aforesaid, 
on  file,  the  question  was  put,  whether  the  prayer  of  said  peti- 
tion should  be  granted :  Resolved  by  this  Assembly  in  the 
negative.  Cost  allowed  respondent  £2  Is.  Sd.  lawful  money. 
Ex.  gr.  July  21st  1758. 

On  the  petition  of  Samuel  Beers,  of  Stratford  in  the  county 
of  Fairfield,  and  Sarah  his  wife  late  known  by  the  name  of 
Sarah  Wetmore  of  Middletown  in  the  county  of  Hartford, 
administrators  on  the  estate  of  Hezekiah  Wetmore  late  of 
Middleton  aforesaid,  versus  Richard  Alsop  of  said  Middleton, 
on  file,  the  question  was  put,  whether  the  judgment  of  the 
county  court  referred  to  in  said  petition  is  erroneous,  as  the 
petitioner  hath  alledged  and  complained  of  in  his  petition : 
Resolved  by  this  Assembly  in  the  negative.  Cost  alloived  re- 
spondent is  £2  Os.  10c?.  lawful  money.  Ex.  granted  Sept. 
Sth  1758. 

Upon  the  petition  of  James  Champlin  and  Prudence  his 
wife,  late  of  New  London,  in  the  county  of  New  London, 
now  of  Westerly  in  the  county  of  Kings  County  and  Colony 
of  Rhode  Island,  versus  John  Hallam,  of  Stonington  in  the 
county  of  New  London,  on  file,  the  question  was  put,  whether 
the  said  petition  should  be  granted :  Resolved  by  this  Assem- 
bly in  the  negative.  Cost  alloived  resj)ondent  is  £2  4s.  2d. 
lawful  money.     Ex.  granted  May  20th  1759. 

On  the  petition  of  Thomas  Elmor  and  Joseph  Rockwell, 
both  of  Windsor  in  Hartford  county,  versus  John  Bannister, 
of  Newport  in  the  Colony  of  Rhode  Island,  on  file,  the  ques- 
tion was  put,  whether  the  petitioners  should  have  liberty  of  a 
new  tryal  of  the  causes  referred  to  in  said  petition,  as  therein 
prayed  for:  Resolved  by  this  Assembly  in  the  negative. 
Cost  allowed  respondent  £2  Is.  Od.  lawful  money.  Ex.  gr. 
July  21st  1758. 

This  Assembly  grants  to  his  Honour  the  Governor  the  sum 


172  PUBLIC  RECOEDS  [May, 

of  sixty-six  pounds,  for  his  first  half-years  salary  the  current 
year,  and  the  Treasurer  is  hereby  ordered  to  pay  the  same 
accordingly. 

This  Assembly  grants  to  his  Honour  the  Governor  the  sum 
of  sixty  pounds,  for  his  extraordinary  service  since  October 
last,  and  the  Treasurer  is  hereby  ordered  to  pay  the  same 
accordingly. 

This  Assembly  grants  to  his  Honour  the  Deputy  Governor 
the  sum  of  thirty-three  pounds,  for  his  first  half-years  salary 
the  current  year,  and  the  Treasurer  is  hereby  ordered  to  pay 
the  same  accordingly. 

[  116  ]  This  Assembly  grants  to  Joseph  Talcott,  Esq'",  the 
sum  of  one  hundred  pounds,  for  his  service  as  Treasurer  of 
this  Colony  the  last  year,  and  the  Treasurer  is  hereby  ordered 
to  pay  the  same  accordingly. 

This  Assembly  grants  to  Joseph  Talcott,  Esq"",  Treasurer 
of  this  Colony,  the  sum  of  thirty  pounds,  for  his  extraordin- 
ary service  in  the  year  past. 

This  Assembly  grants  to  George  Wyllys,  Esq^  the  sum  of 
five  pounds,  for  his  service  as  Secretary  of  this  Colony  the 
last  year,  and  the  Treasurer  is  hereby  ordered  to  pay  the 
same  accordingly. 

This  Assembly  grants  to  Mr.  Timothy  Green  the  sum  of 
six  pounds  twelve  shillings,  for  his  service  in  printing  for  the 
Colony  the  last  half  year,  and  the  Treasurer  is  hereby  ordered 
to  pay  the  same  accordingly. 

This  Assembly  appoints  John  Chester,  Thomas  Wells, 
Roger  Wolcott  jun""  and  Daniel  Edwards,  Esqi'S  Mr.  John  Led- 
yard  and  Col.  Joseph  Pitkin,  to  attend  his  Honour  the 
Deputy  Governor,  to  hear  the  records  of  the  acts  and  doings 
of  this  Assembly  read  off  and  see  the  same  signed  by  the 
Secretary  as  perfect  and  compleat. 

On  the  petition  of  Joseph  Holland,  of  Pomfret  in  the 
county  of  Windham,  vh.  David  Cook  jun'",  of  Wallingford  in 
the  county  of  New  Haven,  as  on  file,  the  question  was  put, 
whether  the  petitioner  should  have  liberty  of  another  tryal  of 
the  action  referred  to  in  the  petition  &c. :  Resolved  by  this 
Assembly  in  the  negative.  Cost  allowed  respondent  £1  15.s. 
\0d.     Ex.  granted  June  i)th  1758. 

On  the  petition  of  Hezekiah  Cogswell,  of  Hebron  in  the 
county  of  Hartford,  vs.  William  Brattle,  Esq"",  and  Martha 
his  wife  and  Andrew  Oliver,  jun'",  all  of  Boston  in  the  county 
of  Suffolk  in  the  Province  of  the  Massachusets  Bay,  as  on 
file,  the  question  was  put,  whether  the  ])etitioner  appeared  &c. : 
Resolved  by  this  Assembly  in  the  negative. 

Teste        George  Wyllys  Secret'y. 


'    Assistants. 


1758.]  OP    CONNECTICUT.  17S 

[117]  Anno  Regni  Regis  Greorgii  secundi  trigesimo-secundo. 

At  a  General  Assembly  of  the  Governor  and  Company  op 
HIS  Majesty's  English  Colony  op  Connecticut  in  New- 
England  IN  America,  holden  at  New  Haven  in  said  Col- 
ony on  the  second  Thursday  of  October  (being  the 
twelfth  day  op  said  month)  and  continued  by  several 
adjournments  until  the  first  day  of  november  next 
following,  annoque  domini  1758. 

Present : 
The  Honourable  Thomas  Fitch,  Esq"",  Grovernor. 
The  Hon^ie  William  Pitkin,  Esq"",  Deputy  Grovernor. 

Roger  Newton,  Thomas  Wells, 

Ebenezer  Silliman,         Benjamin  Hall, 

Jonathan  Trumble,         Roger  Wolcott,  jun'", 

Hezekiah  Huntington,    Daniel  Edwards, 

Andrew  Burr,  Jabez  Hamlin, 

John  Chester, 

Representatives   or  Deputies  of  the  several  Towns  hereafter 
mentioned  returned  to  attend  at  this  Assembly.,  viz : 

Col.  Joseph  Pitkin,  Mr.  John  Ledyard,  for  Hartford. 

Col.  John  Hubbard,  Mr.  John  Whiting,  for  New  Haven. 

Mr.  David  Gardner,  Mr.  William  Hilhouse,  for  New  London. 

Mr.  David  Rowland,  Mr.  William  Burr,  for  Fairfield. 

Mr.  Nathaniel  Wales,  Mr.  Samuel  Gray,  for  Windham. 

Col.  Ebenezer  Marsh,  Capt.  Elisha  Sheldon,  for  Litchfield. 

Capt.  Jabez  Huntington,  Capt.  John  Perkins,  for  Norwich. 

Col.  Elizur  Goodrich,  Mr.  Hez.  May,  for  Weathersfield. 

Col.  Shubael  Conant,  Mr.  William  Hall,  for  Mansfield. 

Col.  Elihu  Chauncey,  Mr.  John  Camp,  for  Durham. 

Capt.  Hezekiah  Whittlesey,  Capt.  John  Murdock,  for  Say- 
brook. 

Capt.  Macock  Ward,  Mr.  Enos  Brooks,  for  Wallingford. 

Col.  John  Dyar,  Capt.  Benjamin  Pierce,  for  Canterbury. 

Mr.  John  Clap,  Mr.  Nathaniel  Sacket,  for  Greenwich. 

Mr.  Erastus  Wolcott,  for  Windsor. 

Col.  Hezekiah  Sabin,  Capt.  Samuel  Danielson,  for  Killiiigsly. 

Mr.  Samuel  Kimberly,  Mr.  John  Wells,  for  Glassenbury. 

Mr.  James  Fitch,  for  Norwalk. 

Mr.  Jonathan  Kilborn,  Capt:  Elijah  Worthington,  for   Col- 
chester. 

Col.  David  Whitney,  Capt.  John  Bebee,  for  Canaan. 

Mr.  Joseph  Wilcockson,  Mr.  David  Phelps,  for  Symsbury. 

Mr.  Solomon  Whitman,  Mr.  Jeremiah  Curtis,  for  Farmington. 

Capt.  Theophilus  Nichols,  Mr.  Ichabod  Lewis,  for  Stratford. 
'yMr.  Samuel  Barker,  Capt.  Robert  Foot,  for  Branford. 


174  PUBLIC    RECORDS  [Oct. 

Mr.  Daniel  Sherman,  Mr.  Benjamin  Hickox,  for  Woodbury. 

Mr.  Samuel  Olmsted,  Mr.  Stephen  Smith,  for  Ridgfield. 

Mr.  Christopher  Holmes,  for  East  Haddam. 

Mr.  Daniel  Aldin,  for  Stafford. 

Mr.  Ebenezer  Williams,  Mr.  Jonathan  Dressor,  for  Pomfret. 

Mr.  James  Bradford,  Capt.  Isaac  Coit,  for  Plainfield. 

Mr.  Daniel  Booth,  Capt.  Henry  Glover,  for  Newton. 

Mr.  Comfort  Starr,  Mr.  Thomas  Benedict,  for  Danbury. 

Capt.  Robert  Dixon,  Mr.  John  Smith,  for  Voluntown. 

Capt.  John  Williams,  Mr.  John  Pardee,  for  Sharon. 

Mr.  Stephen  Heaton,  Mr.  Gideon  Thompson,  for  Goshen. 

Mr.  Roger  Sherman,  Mr.  Jehiel  Hawley,  for  New  Milford. 

[118]  Mr.  John  Phelps,  for  Hebron. 

Mr.  Josiah  Stoddard,  Mr.  John  Hutchinson,  for  Salisbury. 

Mr.  Seth  Wetmore,  Capt.  Matthew  Talcott,  for  Middleton. 

Capt.  Benjamin  Kent,  for  Suffield. 

Capt.  Elnathan  Stephens,  Capt.  Theophilus  Morgan,  for  Kil- 
lingworth. 

Mr.  Zebulon  West,  Capt.  Joshua  Wills,  for  Tolland. 

Mr.  Joseph  Wells,  for  Haddam. 

Mr.  Everit  Smith,  Capt.  Benjamin  Somner,  for  Ashford. 

Mr.  Martin  Smith,  for  New  Hartford. 

Mr.  Jabez  Swift,  Mr.  Daniel  Lee,  for  Kent. 

Capt.  Ebenezer  Kingsbury,  for  Coventry. 

Mr.  Isaac  Johnson,  Col.  Thomas  Chandler,  for  Woodstock. 

Capt.  Thomas  Pitkin,  Capt.  Benjamin  Talcott,  for  Bolton. 

Capt.  Samuel  Basset,  Capt.  Abel  Gun,  for  Derby. 

Capt.  Joshua  West,  Mr.  William  Williams,  for  Lebanon. 

Mr.  Simeon  Minor,  Capt.  Joseph  Denison,  for  Stonington. 

Maj.  Edward  Allin,  Mr.  Ephraim  Strong,  for  Milford. 

Col.  Timothy  Stone,  Mr.  Samuel  Robinson,  for  Guilford. 

Capt.  Timothy  Judd,  Mr.  Stephen  Hopkins,  for  Waterbury. 

Capt.  William  Witter,  Mr.  John  Tyler,  for  Preston. 

Mr.  Jonathan  Dibble,  Mr.  Charles  Webb,  for  Stanford. 

Mr.  Edward  Collins,  for  Enfield. 

Capt.  Matthew  Griswold,  Mr.  Uriah  Rowland,  for  Lyme. 

Col.  Christopher  Avery,  Mr.  Luke  Perkins,  for  Groton. 

Mr.  Jacob  Benton,  for  Harwinton. 

Col.  Shubael  Conant,  Speaker    )  of    the  House  of  Repre- 
Capt.  Jabez  Huntington,  Clerk  \  sentatives. 

Whereas  'tis  represented  to  this  Assembly,  that  sundry 
persons  legally  warned  to  appear  and  attend  the  appointed 
musters  of  several  military  companies  of  this  Colony,  in  order 
to  the  enlistment  or  detachment  of  soldiers  for  the  present 
campaign,  refused  so  to  appear,  and  that  sundry  of  those  who, 


1758.]  OP    CONNECTICUT.  175 

pursuant,  to  the  order  of  this  Assembly  in  May  last,  were  de- 
tached for  said  service  refused  also  and  altogether  fail'd  to 
joyn  said  troops,  in  contempt  of  the  laws  of  this  Colony  in  such 
case  made  and  provided. 

It  is  thereupon  resolved  by  this  Assembly,  That  the  captains 
or  other  chief  officers  of  the  respective  military  companies  in 
tliis  Colony  be,  and  they  hereby  are,  required  fortliwith  dili- 
gently to  enquire  after  all  offences  above  mentioned  by  any 
of  the  soldiery  of  their  respective  companies  committed,  and 
of  their  names  with  an  account  of  such  evidence  thereof  as 
they  may  discover,  to  inform  the  colonels  or  chief  officers  of 
the  respective  regiments  to  which  they  belong,  which  together 
with  such  other  evidence  as  they,  said  colonels,  shall  l)e 
knowing  to  shall  be  by  them  speedily  transmitted  to  the 
King  s  attornies  of  the  several  counties  to  which  such  offend- 
ers may  belong,  and  such  King's  attorneys  are  hereby  also 
impower'd  and  directed  speedy  complaint  thereof  to  make  to 
the  next  Assistant  or  justice  of  the  peace  in  such  county, 
whose  duty  it  shall  thereupon  be  forthwith  to  cause  the  person 
or  persons  so  complain'd  of  to  be  apprehended  and  had  before 
proper  authority  to  be  examin'd  thereof  and  dealt  with  as  to 
law  and  justice  appertain. 

And  it  is  further  ordered,  That  John  Chester,  Esq"",  apply 
to  the  printer  in  this  town,  to  imprint  forthwith  350  copies  of 
this  act,  that  they  may  by  the  members  of  this  Assembly  be 
as  soon  as  may  be  sent  into  the  various  parts  of  this  Colony, 
that  the  various  officers  therein  mentioned  may  conform 
themselves  accordingly. 

An  Act  providing'  for  the  Quartering  and  Billeting-  Recruiting  OflBcers 
and  Recruits  in  his  Majesty's  Regular  Forces  employ'd  for  the  Defence 
of  his  Majesty's  North  American  Dominions. 

Be  it  enacted  by  the  Governor,  Council  and  Representatives, 
in  General  Court  assevnbled,  and  by  the  authority  of  the  same, 
That  when  and  as  often  and  during  the  continuance  of  this 
[119]  act,  application  ||  shall  be  therefor  made  by  any  such 
recruiting  officer  or  officers  to  any  Assistant  or  justice  of  the 
peace  inhabiting  in  any  town  within  this  Colony,  such  Assist- 
ant or  justice  of  the  peace  are  hereby  required,  with  all  con- 
venient speed,  to  quarter  and  billet  such  recruiting  officers 
and  recruits  in  his  Majesty's  service  in  any  of  the  public 
houses  within  such  town  licensed  for  the  retailing  strong 
liquors  by  small  quantities ;  and  the  officers  and  soldiers  so 
quartered  and  billeted  shall  be  received  and  supplied  with 
diet  and  small  beer  or  cyder  by  the  occupiers  of  such  licenced 
houses ;  payment  and  allowance  to  be  made  therefor  by  such 
recruiting  officers  at  the  rate  hereafter  particularly  exprest, 
viz :  for  one  commission  officer  of  foot  under  the  degree  of 


176  PUBLIC    RECORDS  [Oct. 

a  captain,  for  his  diet  and  small  lieer  'per  diem,  one  shilling 
sterling,  and  if  snch  officer  shall  have  an  horse  or  horses,  for 
hay  for  each  per  diem  six  pence  sterling,  and  for  each  foot- 
soldier  of  any  such  recruiting  party,  for  diet  and  small  beer 
per  diem  four  pence  sterling. 

It  is  further  enacted,  That  if  the  occupier  of  any  such 
public  licensed  house  shall  refuse  to  receive  and  victual  any 
such  officer  or  soldier  so  quartered  and  billeted  upon  him  ac- 
cording to  the  directions  of  this  act,  and  be  thereof  duly 
convicted  lief  ore  any  one  Assistant  and  justice  of  the  peace, 
or  two  justices  of  the  same  county  (one  being  of  the  quorum,) 
every  person  so  offending  shall  forfeit  to  and  for  the  use  of 
this  Colony  the  sum  of  forty  shillings  lawful  money,  to  be  levied 
by  distress  and  sale  of  the  goods  of  the  person  so  offending, 
by  warrant  under  the  hands  of  said  authority  before  whom 
such  conviction  shall  be,  to  be  directed  to  the  sheriff  of  said 
county,  his  deputies,  or  constables  of  the  town  wherein  such 
offender  shall  dwell. 

This  act  to  be  and  continue  in  force  from  the  rising  of  this 

Assembly  until  the  last  day  of  November  one  thousand  seven 

hundred  and  fifty-nine,  and  no  longer. 

An  Act  relating  to  Quarters  for  his  Maiesty's  Regular  Forces  in  this 

Colony. 

Whereas  it  may  be  found  necessary  during  the  continuance 
of  the  war  in  America  that  some  of  his  Majesty's  regular 
troops  be  quartered  in  this  Colony  in  the  winter :    Therefore, 

Be  it  enacted  hy  the  Crovernor,  Council  and  Mepresevitatives, 
in  General  Court  assembled,  and  hy  the  authority  of  the  same, 
That  when  and  so  often  as  his  Honour  the  Governor  of  this 
Colony  shall  find  it  necessary  for  his  Majesty's  service  that 
some  of  his  Majesty's  regular  troops  be  quartered  or  billeted 
in  this  Colony  for  and  during  the  winter  season  or  for  any 
shorter  term  or  time,  that  the  Governor  be,  and  he  is  hereby, 
desired  by  and  with  the  advice  of  the  Council,  to  canton  out 
such  troops  in  such  towns  and  places  as  he  shall  judge  most 
beneficial  for  his  Majesty's  service  and  in  the  easiest  manner 
for  the  inhabitants  of  this  Colony,  and  accordingly  to  issue 
proper  orders  to  the  civil  authority  and  selectmen  of  such 
towns,  to  provide  quarters  and  make  out  billets  for  such 
troops. 

And  he  it  further  enacted  hy  the  authority  aforesaid.  That 
such  civil  authority  and  selectmen,  on  their  receiving  such 
orders  from  the  Governor,  lie  and  hereby  are  fully  authorized 
and  impowered  to  assign  the  particular  room,  house  or  houses, 
in  which  such  and  so  many  of  such  officers  and  soldiers  (as 
shall  be  ordered  to  such  town  or  place)  shall  be  quartered, 


1758.]  OF    CONNECTICUT.  177 

and  to  proportion  the  number  to  each  room  or  house,  accord- 
ing to  the  state  and  circumstances  thereof ;  and  if  need  so 
require,  to  impress  such  room,  house  or  houses,  by  warrant 
signed  by  any  two  or  more  of  such  civil  authority. 

And  whereas  by  an  act  made  and  passed  by  the  Parlia- 
ment of  G-reat  Britain,  entituled  An  Act  for  punishing  mu- 
tiny and  desertion  and  for  the  better  payment  of  the  army, 
it  is  enacted  and  among  other  things  provided,  that  during 
the  continuance  of  said  act  soldiers  in  England,  Wales  and 
the  town  of  Berwick  upon  Tweed  may  be  billeted  in  inns, 
livery-stables,  ale-houses,  victualing-houses  and  all  houses  of 
persons  selling  brandy,  strong  waters,  cyder  and  methegiin 
by  retail  to  be  drank  in  such  houses  &c.,  the  owners  of  which 
houses  on  whom  soldiers  shall  be  billeted  as  a  reward  for 
such  entertainment  and  billeting  shall  be  paid  for  one  com- 
mission officer  of  foot  under  the  degree  of  a  captain,  for  his 
diet  and  small  beer  per  diem  one  shilling,  and  for  one  foot- 
soldier's  diet  and  small  beer  per  diem  four  pence :  And 
whereas  this  part  of  said  act  is  not  by  the  Parliament  ex- 
tended to  the  plantations,  nor  is  any  rule  settled  for  quarter- 
ing soldiers  in  this  Colony,  but  the  same  is  left  to  be  settled 
by  the  Governor  or  government  here,  and  there  not  being  a 
sufficient  number  of  inns,  ale-houses  &c.  among  us  for  the 
[120]  reception  and  ||  entertainment  of  such  and  so  many  of 
his  Majesty's  regular  troops  as  his  service  may  require  to  be 
(luartered  here  during  the  winter  season,  neither  can  such  offi- 
cers and  soldiers  be  quartered  here  at  the  several  rates  stated 
and  fixed  by  said  act  of  Parliament  for  the  payment  of  soldiers 
quarters  in  England ;  and  although  six  pence  sterling  per 
diem  is  allowed  by  the  crown  for  victualing  his  Majesty's 
troops  in  America,  yet  no  more  than  four  pence  sterling  per 
diem  can  be  obtained  of  any  officer  or  pay-master  here  for 
victualing  such  troops,  when  the  same  cannot  be  done  here 
for  less  than  six  pence  without  manifest  loss  :  Therefore, 

Be  it  further  enacted  hy  the  authority  aforesaid,  That  every 
person  in  this  Colony  on  whom  any  commission-officer  under 
the  degree  of  a  captain,  non-commissioned  officer  or  foot 
soldier  shall  be  (|uartered  or  billeted,  in  pursuance  of  this  act, 
as  a  reward  for  such  entertainment  and  billeting  over  and 
above  the  several  respective  allowances  mentioned  in  said  act 
of  Parliament  shall  be  entituled  to  two  pence  sterling  per  diem 
for  each  officer  and  soldiers  diet  &c.,  to  be  paid  out  of  the 
treasury  of  this  Colony  for  and  on  account  of  the  crown. 

Provided   alivays,  and   he    it  further    enacted,  That    any 
person  or  persons  on  whom  such  officers  and  soldiers  shall  be 
23 


178  PUBLIC    RECORDS  [Oct. 

quartered,  who  shall  be  permitted  by  or  have  the  order  of  the 
Governor  to  provide  for  them  only  candles,  vinegar,  salt, 
small  beer,  and  also  allow  them  the  use  of  fire  and  the 
necessary  utensils  for  dressing  and  eating  their  meat,  shall  be 
allowed  and  paid  out  of  the  treasury  of  this  Colony  for  each 
officer  and  soldier  per  diem  three  pence  lawful  money  in  like 
manner  for  and  on  account  of  the  crown. 

And  be  it  furth'r  enaeted  hy  the  authority  aforesaid,  That 
in  case  any  person  or  persons  on  whom  any  officers  or  soldiers 
shall  be  quartered  as  aforesaid  and  he  or  they  shall  provide 
for  them  diet  and  small  beer  as  aforesaid  and  shall  not  be 
duly  paid  the  several  rates  and  allowances  as  stated  and  fixed 
by  the  aforesaid  act  of  Parliament  for  inn-keepers  &c.  in 
England  <fec.  to  receive  for  victualing  such  officers  and  soldiers 
according  to  the  settled  rules  and  customs  for  the  payment 
of  soldiers  quarters  there,  then  and  in  such  case  every  such 
order  or  warrant  for  billeting  or  quartering  such  officers  and 
soldiers  (tho'  otherwise  made  according  to  the  directions  of 
this  act)  shall  cease  and  become  void,  and  every  such  person 
or  persons  shall  be  wholly  discharged  and  indemnified  for 
refusing  to  entertain  any  such  officer  or  soldier. 

And  he  it  further  enacted  hy  the  autliority  aforesaid,  That 
there  shall  no  billets  be  allowed,  nor  shall  any  but  effective 
men  be  billeted  on  any  inhabitant  in  this  Colony ;  anything 
in  this  act  to  the  contrary  notwithstanding. 

And  whereas  it  hath  been  found  by  experience  that  private 
soldiers  carrying  their  arms,  not  only  when  on  duty  but  at 
other  times,  hath  been  the  occasion  of  notorious  breaches  of 
the  peace,  to  the  terror  and  disquiet  of  his  Majesty's  good 
subjects  :  For  the  remedy  whereof. 

Be  it  further  enacted  hy  the  authority  aforesaid,  That  his 
Honour  the  Governor  be  and  he  is  hereby  desired  to  corres- 
pond with  his  Majesty's  Commander-in-chief  or  other  chief 
officer  on  that  head,  and  give  proper  orders  to  prevent  such 
soldiers  carrying  their  arms  at  any  time  except  when  called 
to  do  duty. 

Be  it  further  enacted,  That  this  act  shall  continue  and  be 
in  force  for  the  space  of  one  year  from  the  rising  of  this  As- 
sembly, and  no  longer. 

[121]  Resolved  hy  this  Assembly,  That  for  the  more  con- 
venient and  comfortable  return  of  the  troops  raised  in  this 
Colony  from  the  camp,  the  Committee  of  the  Pay-Table  draw 
on  the  Treasurer  for  the  sum  of  one  thousand  pounds,  to  be 
delivered  to  Elisha  Sheldon,  Esq"",  who  is  hereby  ap|)ointed 
to  receive  the  same  and  as  soon  as  may  be  carry  said  sum 


1758.]  OP    CONNECTICUT.  179 

and  deliver  two  hundred  and  fifty  pounds  to  each  colonel  or 
chief  officer  of  the  regiments  raised  as  aforesaid,  and  take 
receipts  for  the  sums  so  delivered :  that  each  colonel  or  chief 
officer  shall  pay  tvs^o  hundred  and  twenty  pounds  of  the  money 
received  by  him  as  aforesaid  to  the  captains  or  chief  officer  of 
the  several  companies  in  his  regiment  in  equal  proportion, 
taking  receipts  therefor;  that  each  of  said  captains  or  chief 
officer  shall  pay  out  the  sum  by  him  received  in  equal  pro- 
portion to  the  company  under  his  command,  as  part  of  their 
wages ;  that  the  sum  of  thirty  pounds  remaining  in  the  hands 
of  each  of  said  colonels  be  by  them  severally  improved  in 
making  such  needful  provision  for  the  sick  and  infirm  of  their 
respective  regiments  as  they  shall  judge  best  for  their  com- 
fortable return;  that  the  said  colonels  provide  passages  by 
water,  if  to  be  had,  for  such  of  the  sick  as  may  be  better 
accommodated  that  way,  and  carts,  waggons  or  horses  for 
such  of  the  sick  as  can't  so  conveniently  return  by  water, 
according  to  their  best  discretion.  And  if  any  of  said  troops 
on  their  return  shall  by  sickness,  lameness  or  any  casualty,  be 
rendered  altogether  ujiable  to  march  or  unfit  to  be  transported 
in  such  carriages  as  may  be  provided  for  that  purpose,  they 
shall  he  committed  to  the  care  of  the  selectmen  of  the  respec- 
tive towns  in  this  Colony  where  they  shall  be  left,  who  shall 
make  suitable  provision  for  them  until  they  are  able  to  march 
or  are  fit  to  be  transported  home;  accounts  whereof  being 
laid  before  the  Committee  of  the  Pay-Tal)le  shall  be  by  them 
adjusted  and  payment  thereof  ordered  out  of  the  Colony 
treasury. 

Provided  nevertheless,  That  nothing  in  the  foregoing  re- 
solves prevent  or  be  taken  or  intended  to  prevent  any  proper 
application  being  made  to  his  Excellency  General  Abercromby 
for  such  sum  or  sums  of  money  as  may  be  necessary  to  defray 
such  cost  and  charges  as  may  arise  in  providing  carriages  of 
any  kind  for  transporting  the  baggage  belonging  to  said 
troops  and  also  such  of  said  troops  themselves  as  by  reason 
of  sickness  &c.  are  unable  to  travel:  but  that  said  colonels  be 
directed  to  apply  to  said  General  for  such  sums  as  may  be 
judged  needful  for  the  purposes  aforesaid. 

And  it  is  further  resolved  hy  this  Assembly ,  That  the  chief 
officer  of  each  regiment  take  effectual  care  that  the  regiment 
under  his  command  are  regular  and  orderly  in  their  march 
home,  and  that  none  of  said  regiment  be  allowed  to  depart 
from  the  company  to  which  they  belong  without  liberty  first 
had  from  some  officer  proper  to  grant  the  same,  and  that  the 
officer  under  whose  immediate  command  each  company  shall 
be  shall  continue  with  his  company  until  he  arrives  at  the 


[• 


180 


PUBLIC    RECORDS 


[Oct. 


place  where  such  company  may  properly  be  dismissed,  who 

shall  then  dismiss  them  and  make  and  keep  an  account  of 

the  time  of  such  dismission. 

The  Gentlemen  that  stand  in  Nomination  for  Election  in  May  next  are 

as  follow: 


The  Honbie  Thomas  Fitch,  Esqf 
The  Honbie  William  Pitkin,  Esq^. 

Roger  Newton,  Esq"". 

Ebenezer  Silliman,  Esq^ 

Jonathan  Trumble,  Esq''. 

Hezekiah  Huntington,  Esq^ 

Andrew  Burr,  Esq^ 

John  Chester,  Esq"". 

Thomas  Wells,  Esq'". 

Benjamin  Hall,  Esq^. 


Pliineas  Lyman,  Esq^ 
Roger  Wolcott  jun'",  Esqf . 
Daniel  Edwards,  Esq^ 
Jabez  Hamlin,  Esq^ 
Capt.  Matthew   Griswold. 
Col.  Shubael  Couant. 
Col.  Joseph  Pitkin. 
Col.  Joseph  Fowler. 
Capt.  Elisha  Sheldon. 
Col.  Eliphalet  Dyer. 


[122]  TJae  Sum  Total  of  the  Lists  of  the  several  Towns  in  this  Colony 
as  sent  in  to  the  General  Assembly  at  New  Haven  October  2d  Thurs- 
day 1758. 


s. 

d. 

s. 

d. 

Guilford,        X  33319 

3 

9 

Canterbury,  £16333 

3 

3 

Stratford, 

40970 

19 

0 

Norwich, 

54760 

4 

6j 

W  aterbury, 

23204 

0 

6 

Ridgfield, 

11276 

18 

3 

Saybrook, 

22181 

1 

9 

D anbury, 

20185 

11 

11 

W  indham. 

26952 

1 

4 

Colchester, 

25695 

7 

0 

Suffield, 

16702 

2 

0 

W  oodbury, 

37983 

16 

i 

Coventry, 

19021 

8 

2 

Canaan, 

10091 

4 

6 

Hebron, 

17358 

12 

0 

Wallingford, 

41498 

3 

6 

New  Milford, 

15862 

4 

6 

Pomfret, 

20113 

13 

3 

Mansfield, 

16904 

1 

6 

Tolland, 

1015.S 

0 

0 

W  indsor, 

40540 

18 

9 

Goshen, 

7705 

0 

0 

Preston, 

19969 

14 

0 

Haddam, 

11776 

4 

7 

Durham, 

10731 

14 

3 

Enfield, 

8374 

18 

0 

Plainfield, 

12341 

19 

6 

Somers, 

5434 

11 

0 

Farmington, 

42653 

10 

2 

Killingsley, 

21837 

0 

0 

Stonington, 

34656 

13 

0 

Glassenbury, 

15663 

0 

6 

Ashford, 

12608 

9 

9 

Symsbury, 

22079 

2 

0 

Kent, 

9802 

12 

0 

Voluntown, 

10125 

5 

0 

Salisbury, 

10784 

7 

10 

Hartford, 

38688 

7 

2 

Sharon, 

11711 

17 

6 

New  London 

,  33984 

1 

6 

Norwalk, 

35956 

12 

lOJ 

Lyme, 

25919 

16 

9 

Bolton, 

8769 

5 

0 

Litchfield, 

15501 

8 

9 

Branford, 

23202 

5 

■  ) 

Harwington, 

4804 

1 

0 

Stafford, 

7766 

1 

0 

Stanford, 

26839 

12 

10 

East  Haddam, 

21499 

n 

11 

New  Haven, 

52703 

16 

6 

Killingsworth, 

15993 

6 

3 

Groton, 

23276 

9 

2 

Weathersfield 

26933 

19 

6 

New  Hartford,  4941 

17 

0 

Newtown, 

14563 

5 

4 

Derby, 

13218 

18 

0 

1758.]  OP    CONNECTICUT.  181 

s.    d.  s.   d. 

Woodstock,  X16500  0  0  Middleton,  £47532  5  4 
Greenwich,  18859  15  10  Fairfield,  52653  15  5 
Lebanon,  37295     6     0        Milford,  26578     8     3| 

Resolved  hy  this  Assembly^  That  the  Committee  of  the  Pay- 
Table  be  directed,  and  they  are  hereby  directed,  to  settle  and 
adjust  the  account  of  expence  for  the  carriages  employ' d  in 
assisting  the  troops  of  this  Colony  on  march  to  Albany  and 
No.  4  the  current  year,  and  draw  on  the  Treasurer  for  what 
they  shall  find  due  for  that  service,  and  keep  a  clear  and 
distinct  account  of  all  orders  they  shall  draw  for  the  above- 
mentioned  charges ;  and  when  said  accounts  are  adjusted  that 
said  committee  form  an  account  of  all  the  charges  arising 
thereon  and  make  application  to  his  Majesty's  Commander-in- 
chief,  or  other  proper  person,  for  a  reimbursement  thereof. 

Resolved  hy  this  Assembly^  That  John  Ledyard,  Esq'",  be 
appointed,  and  he  is  hereby  appointed  and  impowered,  to 
repair  to  the  executor  or  administrator  of  Col.  Nathaniel 
Stanly  late  of  Hartford,  deceased,  and  request  of  him  or 
them  to  deliver  to  the  said  Ledyard  the  several  bonds  given 
by  Col.  Elisha  Williams,  deceased.  Col.  Samuel  Talcott  and  the 
rest  of  the  officers  appointed  in  the  late  intended  expedition 
to  Canada,  (for  to  provide  them  suitable  clothing,)  which 
said  bonds  were  lodged  with  the  said  Stanly  deceased,  as 
Treasurer  of  this  Colony,  and  received  to  give  his  receipt  for 
the  same,  and  deliver  said  bonds  when  received  to  Joseph 
Talcott,  Esq"",  Treasurer  of  this  Colony,  taking  his  receipt 
therefor,  and  lodge  the  same  with  the  Secretary  of  this  Col- 
ony. And  the  Treasurer,  after  he  has  received  said  bonds,  is 
[  123  ]  desired  to  notify  the  several  debtors  ||  that  unless 
they  speedily  pay  and  take  up  their  said  bonds,  that  they  will 
be  sued  for  the  same.  And  on  failure  of  such  payment  the 
Treasurer  is  hereby  ordered  and  directed  to  put  the  same  in 
suit  accordingly. 

The  committee  appointed  by  this  Assembly  at  their  sessions 
in  May  last  to  sell  or  charter  the  Colony  brigantine  Tartar 
having  now  represented  to  this  Assembly  that  they  have  not 
been  able  to  do  either  in  such  manner  as  to  them  it  appeared 
might  be  advantageous  to  the  Colony :  It  is  now  resolved, 
that  Hezekiah  Huntington,  Gurdon  Saltonstall  and  Jaljez 
Hamlin,  Esq^^,  the  aforesaid  committee,  or  any  two  of  them, 
be  authorized,  and  they  are  hereby  fully  authorized  and  im- 
powered, to  charter  out  or  sell  said  vessel  as  in  their  judgment 
may  most  conduce  to  the  advantage  of  this  Colony,  and  on 
the  part  of  this  Colony  to  make  and  execute  such  instruments 


182  PUPLIC    RECORDS  [Oct. 

in  writing  as  may  be  necessary  for  the  purpose  aforesaid. 
And  they  are  directed  to  deliver  to  the  Treasurer  of  this 
Colony  such  sum  or  sums  of  money  as  they  shall  receive, 
take  his  receipt  therefor,  and  lodge  the  same  with  the  Secre- 
tary, and  lay  the  accounts  of  their  proceedings  before  this 
Assembly  in  May  next. 

Whereas  it  was  resolved  by  this  Assembly  at  their  session 
in  May  last,  that  such  horses  and  furniture  as  were  lost  in 
the  service  of  this  Colony  in  the  alarm  in  August  1757,  and 
not  returned  to  the  owners  should  be  paid  for  out  of  the 
public  treasury  of  this  Colony,  provided  the  owners  should 
exhibit  proper  evidence  to  the  Committee  of  the  Pay-Table  of 
such  loss  and  of  the  apprizement  of  such  horses  &c.  by  per- 
sons under  oath  &c.  by  the  first  day  of  August  then  next, 
and  not  after :  And  whereas  this  Assembly  is  informed  that 
many  of  the  inhabitants  of  this  Colony  whose  horses  &c.  were 
•lost  in  said  service  had  no  knowledge  of  said  resolve  until 
after  said  first  day  of  August  was  past,  and  so  did  not  apply 
to  the  Committee  of  the  Pay-Table  for  payment  within  the 
time  limited  as  aforesaid  :  It  is  therefore  resolved  by  this  As- 
sembly, that  all  such  owners  of  horses  and  furniture  lost  in 
said  service  who  shall  exhibit  such  proper  evidence  thereof 
to  the  Committee  of  the  Pay-Table,  as  in  the  aforesaid  resolve 
is  expressed,  by  the  first  day  of  March  next  (and  not  after) 
shall  be  paid  for  their  horses  and  furniture  so  lost  in  the  same 
manner  and  form  as  if  they  had  exhi])ited  the  same  within  the 
time  limited  by  the  aforesaid  resolve. 

Wliereas  it  appears  by  the  return  of  the  connnittee  ap- 
pointed by  this  Assembly  in  May  last  to  settle  accounts  with 
the  collectors  of  the  duty  on  lumber  &c.  in  the  county  of  New 
London,  that  a  balance  is  due  to  this  Colony  from  the  estate 
of  Ambrose  Whittlesey,  Esq"",  late  of  Saybrook,  deceased : 
Therefore,  it  is  resolved  by  this  Assembly,  that  Capt.  Mat- 
thew Griswold  be  and  he  is  hereby  appointed  and  impowered 
to  demand  and  receive  of  the  administrators  on  the  estate  of 
said  deceased  the  sum  or  sums  of  money  due  from  said  estate 
to  this  Colony,  and  to  commence  and  prosecute  any  action 
proper  for  the  recovery  of  the  same,  if  need  be,  and  to  deliver 
such  sum  or  sums  so  received  to  the  Treasurer  of  this  Colony 
and  take  said  Treasurer's  receipt  for  the  same  and  lodge  a 
duplicate  thereof  with  the  Secretary  of  this  Colony,  as  is 
already  provided  by  law. 

Resolved  hy  this  Assembly^  Tliat  the  soldiery  in  pay  of  this 
government  the  present  campaign  be  exempted  from  having 
their  polls  put  into  the  public  list  of  this  Colony  the  current 
year. 


1758.]  OF    CONNECTICUT.  183 

Whereas  this  Assembly  in  their  sessions  in  May  last  resolved 
that  it  was  necessary  for  the  pnblic  good  that  there  should 
be  a  boat  kept  on  the  east  side  of  Stratford  Ferry  River  for 
[124]  the  II  transportation  of  travellers  &c.  cross  said  river 
on  the  country  or  post  road,  and  that  the  towns  of  Strat- 
ford and  Milford,  and  also  Mr.  Josiah  Curtis  of  Stratford, 
ferrjanan,  should  be  cited  before  this  Assenil»ly,  to  shew  reason 
if  any  they  had  why  there  shoidd  not  be  such  a  boat  kept  at 
said  place ;  and  the  said  towns  and  the  said  Curtis  appearing 
before  this  Assembly  in  their  present  sessions  were  heard  in 
the  premises  :  Whereupon  it  is  resolved  and  enacted  by  the 
Governor,  C(nmcil  and  Representatives,  in  General  Court 
assembled,  and  by  the  authority  of  the  same,  that  there  be  a 
boat  kept  on  the  east  side  of  Stratford  Ferry  River  for  trans- 
porting travellers  &c.  on  the  country  and  post  road  at  or  near 
the  place  where  the  ferry  now  is,  and  the  liberty  and  privi- 
ledge  of  keeping  said  boat  is  hereby  granted  to  the  town  of 
Milford,  upon  the  condition  of  their  erecting  a  dwelling-house 
at  or  near  said  ferry  place,  commodious  for  the  reception  and 
entertainment  of  travellers,  and  procuring  and  keeping  a 
good  boat  with  all  proper  utensils  thereto  for  transporting 
travellers,  and  other  things  proper  for  ferry-men  to  carry, 
and  that  within  six  months  from  the  rising  of  this  Assembly ; 
and  that  the  said  ferry  so  set  up  shall  be  under  the  regulation 
of  the  laws  of  this  Colony  respecting  ferries ;  and  that  there- 
upon the  fees  or  fares  of  said  ferry,  both  for  the  east  and 
west  side  of  said  ferry,  shall  be  as  follows,  viz:  For  man, 
horse  and  load,  four  pence  ;  for  a  led  horse,  two  pence  ;  for  a 
footman,  two  pence  ;  for  an  ox  or  neat  kine,  five  pence  ;  for  a 
hog,  one  penny  ;  for  sheep  and  goat,  half  penny. 

This  Assembly  being  advised  that  the  road  or  way  now 
often  travelled  in  from  and  thro'  the  towns  of  Symsbury, 
New  Hartford  and  Norfolk,  to  and  thro'  the  north-western 
parts  of  Canaan  towards  Albany,  is  in  many  respects  ill 
chosen  and  unfit  for  use,  and  that  some  new  and  better  road 
thro'  said  towns  or  some  of  them,  or  the  towns  adjacent,  may 
be  probably  discovered  more  direct  and  convenient  as  well  for 
carriages  as  travelling,  to  the  gteat  accommodation  and 
benefit  of  all  his  Majesty's  subjects,  and  especially  in  time 
of  war,  occasionally  travelling  or  marching  thither  from  the 
eastern  or  central  parts  of  this  Colony:  It  is  thereupon  re- 
solved, that  Col.  John  Pitkin  of  Hartford,  Mr.  Seth  Wetmore 
of  Middleton,  Mr.  William  Wells  of  Glassenbury,  Col.  David 
Whitney  of  Canaan,  or  any  three  of  them,  be  and  they  hereby 
are  appointed  a  committee,  as  soon  as  conveniently  may  be, 


184  PUBLIC    RECORDS  [Oct. 

to  repair  to  and  thro'  said  towns,  and  towns  adjacent  if  need 
be,  and  with  all  care  and  diligence  to  view  and  observe  said 
road  now  used,  and  also  with  utmost  care  to  explore  and  find 
out  how  and  where  any  other  shorter  or  better  way,  in  whole 
or  in  part,  may  be  practicable,  and  their  full  description 
thereof  witli  their  opinion  thereon  to  make  report  to  this 
Assembly  in  their  session  at  Hartford  in  May  next,  or  in  any 
intervening  sessions  of  this  Assembly  that  may  happen 
sooner. 

[125]  On  the  petition  of  Christopher  Christophers,  Esq'', 
sheriff  of  the  county  of  New  London,  shewing  to  this  Assembly 
that  whereas  Stephen  Lee  of  New  London  brought  his  action 
against  the  petitioner  at  the  county  court  held  at  New  Lon- 
don on  the  second  Tuesday  of  June  1757,  complaining  that  one 
Frank  Vallee  being  in  goal  in  said  New  London  on  an  execu- 
tion in  his,  the  said  Lee's,  favour,  granted  on  a  judgment  given 
by  Ambrose  Whittlesey,  Esq"",  and  that  while  the  said  Frank 
Vallee  was  in  said  goal  on  said  execution  i\\e  petitioner  suf- 
fered the  said  Frank  to  escape  out  of  said  goal  &c.,  demanding 
in  damages  =£30  Os.  Od.  lawful  money,  which  said  action  by 
sundry  removes  came  to  a  final  tryal  at  the  superior  court 
held  at  New  London  in  and  for  said  county  on  the  4th  Tues- 
day of  September  1758,  on  the  plea  of  not  guilty,  at  which 
tryal  the  petitioner  exhibited  sundry  evidences  and  exhibits 
in  his  justification  on  said  tryal,  but  that  said  jury  brought  in 
their  verdict  that  the  petitioner  was  guilty,  on  which  said 
court  rendered  their  judgment  against  your  petitioner  &c. 
Further  shewing,  that  said  jury  on  the  matter  and  evidence 
produced  missed  the  law  in  rendering  their  verdict  as  afore- 
said ;  praying  for  a  new  tryal  of  said  cause  &c.  as  by  said 
petition  at  large  may  appear :  Whereupon  it  is  resolved  by 
this  Assembly,  that  the  petitioner  have  liberty  and  the  same 
is  hereby  granted  to  him,  to  have  another  tryal  of  said  cause 
at  the  next  superior  court  to  be  holden  at  Norwich  in  and  for 
said  county  of  NeAv  London  on  the  4tli  Tuesday  of  March  next, 
and  that  all  cost  follow  the  judgment  of  said  next  March 
superior  court  therein. 

Upon  the  petition  of  Jonathan  Lounsbury,  of  Stanford  in 
the  county  of  Fairfield,  representing  to  this  Assembly  that 
certain  controversies  having  arisen  between  the  petitioner 
and  his  brother,  Monmouth  Lounsbury  of  said  Stanford,  of 
and  concerning  the  estate  real  and  personal  of  their  mother 
Sarah  Lounsbury  late  of  said  Stanford,  deceased,  whereon  the 
said  Monmouth  was  administrator,  they  mutually  agreed  to 
refer  the  same  to  the  arbitrament  of  certain  arbitrators  by 


1758.]  OF    CONNECTICUT.  185 

them  mutually  chosen,  and  gave  notes  of  <£500  Os.  Od.  money 
old  tenor  each  only  to  oblige  them  to  abide  by  the  award  of 
the  said  arbitrators  ;  which  arbitrators  having  awarded  in  a 
manner  disagreeable  to  the  petitioner  he  did  not  abide  by 
said  award,  and  the  note  by  him  given  being  given  up  to  said 
Monmouth  was  by  him  put  in  suit  with  several  other  actions 
and  suits  for  the  recovery  of  the  personal  estate  of  said  Sarah, 
and  the  petitioner,  being  terrified  hy  the  threats  of  said  Mon- 
mouth, not  appearing  at  Fairfield  county  court  in  April  3d 
Tuesday  A.D.  1751,  where  said  actions  were  depending,  judg- 
ment was  rendered  against  him  on  default  in  all  said  suits, 
for  the  whole  demands  thereof,  and  execution  taken  on  said 
action  on  said  X500  O.s.  d.  note  and  levied  on  the  petitioner's 
homestead  in  said  Stanford,  containing  in  quantity  aljout 
twenty-two  acres  and  an  half  with  a  dwelling  house  thereon 
standing,  bounded  westwardly  on  highway,  southwardly  on 
said  Monmouth's  own  land,  northwardly  on  land  belonging  to 
the  heirs  of  said  Sarah  in  part  and  partly  on  said  Monmouth's 
own  land,  and  eastwardly  on  said  Monmouth's  land,  and  said 
Monmouth  so  having  levied  said  execution  on  said  land  pulled 
down  said  house  and  removed  the  fences  standing  on  said 
land  ;  alledging  that  the  said  proceedings  of  said  Monmouth 
were  injurious  and  oppressive,  for  that  he,  said  Monmouth,  had 
before  by  the  levy  of  said  other  executions  taken  out  on  the 
judgments  in  said  other  suits  obtained  full  satisfaction  for 
such  part  of  said  Sarah's  estate  as  was  by  the  petitioner  de- 
tained from  said  administrator  &c. ;  praying  for  relief  in  the 
[126  J  premises,  and  that  the  said  judgment  on  ||  said  £500  Os. 
Od.  note  and  the  execution  and  proceedings  thereon  may  be  dis- 
annulled and  he  restored  to  his  said  land,  the  said  note  being  but 
as  forfeiture  &c.,  as  by  said  petition  on  file  appears  :  Resolved 
by  this  Assembly,  that  said  judgment  on  said  <£500  Os.  Od. 
note  in  said  petition  referred  to,  and  said  execution  and  all 
the  proceedings  thereon,  be  and  the  same  are  hereby  reversed, 
set  aside  and  made  null  and  void,  and  that  the  petitioner  shall 
and  may  enter  into,  use,  possess  and  improve  the  said  twenty- 
two  and  an  half  acres  of  land  with  the  appurtenances,  as  fully 
to  all  intents  and  purposes  as  he  might  or  could  have  done  if 
said  judgment  and  execution  and  the  levy  thereof  never  had 
been  obtained  or  made. 

Upon  the  petition  of  Gershom  Breed,  of  Norwich,  against 
Lebbeus  Harris,  of  Colchester,  setting  forth  that  the  said 
James  Harris  brought  his  action  against  the  petitioner  upon  a 
bond  demanding  £600  old  tenor,  which  action  at  the  final 
tryal  thereof  before  the  superior  court  held  at  Norwich  on  the 
24 


186  PUBLIC    RECORDS  [Oct. 

4th  Tuesday  of  March  1757,  the  said  James  being  deceased, 
the  said  Lebbeus  prosecuting  as  administrator  on  the  estate 
of  the  said  James,  the  petitioner  plead  in  bar  the  condition  of 
said  bond,  and  according  thereunto  and  the  facts  and  circum- 
stances of  two  certain  carroons*  in  the  City  of  London,  about 
which  said  condition  was  conversant,  nothing  was  due  on 
said  bond,  and  the  said  plea  being  in  question  upon  demurrer 
thereto,  said  court  judged  said  plea  insufficient ;  which  judg- 
ment the  petitioner  alledged  was  erroneous,  praying  that  the 
same  might  be  reversed  and  set  aside,  and  that  he  might  have 
liberty  of  another  tryal  of  said  cause,  as  by  his  petition  on 
file  appears:  Resolved  by  this  Assembly,  that  said  judgment 
of  the  superior  court  be  reversed,  and  the  same  is  hereby 
reversed  and  set  aside,  and  the  execution  thereon,  and  the 
doings  on  and  in  consequence  of  said  execution ;  and  liberty 
is  hereby  granted  to  the  petitioner  to  have  another  tryal  of 
said  case  before  the  superior  court  to  be  held  at  Norwich  on 
the  4th  Tuesday  of  March  next ;  and  that  all  the  cost  from 
the  beginning  follow  said  tryal,  and  on  judgment  being  ren- 
dered by  said  next  March  superior  court  in  favour  of  the  said 
Breed,  that  said  superior  court  be  and  they  are  hereby  directed 
and  impowered  to  award  in  damage  to  said  Breed  against  the 
said  Lebbeus  Harris  all  such  sum  or  sums  that  the  said  Har- 
ris hath  recovered  and  obtained  against  the  said  Breed  by 
virtue  of  said  former  judgment. 

Upon  the  memorial  of  Singleton  Church  of  New  London, 
shewing  to  this  Assembly  that  on  the  2(;»th  of  May  1755,  said 
memorialist  purchased  of  Capt.  Richard  Durfey  late  of  New 
London,  deceased,  a  certain  piece  of  beach-land  with  a  man- 
sion-house and  a  wharf  thereon,  for  which  land  &c.  said 
memorialist  agreed  to  give  the  value  of  eight  hundred  pounds 
old  tenor  at  the  end  of  one  year  (fee,  and  that  to  secure  the 
payment  thereof  said  memorialist  executed  to  said  Capt.  Dur- 
fey, deceased,  a  bond  conditioned  for  the  payment  of  one  hund- 
red and  fourteen  Spanish  dollars  with  interest  in  one  year, 
which  was  agreed  to  be  for  the  one  half  of  said  eight  hundred 
pounds  old  tenor,  and  to  secure  the  payment  of  the  other 
moiety  thereof  said  memorialist  executed  to  said  Richard 
[127  J  Durfey  a  mortgage  deed  of  the  whole  of  said  ||  land, 
house  (fee,  defeasible  upon  the  payment  of  one  hundred  and 
fourteen  dollars  in  one  year;  that  said  memorialist  paid  and 
discharged  said  bond,  but  lapsed  the  time  of  redemption  (fee. 
of  said  land  (fee. ;  praying  this  Assembly  that  upon  said  memo- 

*  Carroon,  a  rent  received  for  the  privilege  of  driving  a  car  or  cart  in  the  city 
of  London.     Bailey's  Dictionary. 


1758.]  OP    CONNECTICUT.  187 

rialist's  paying  said  sura  in  said  mortgage  deed  with  interest 
&c.  that  the  title  to  said  land  &c.  might  be  released  &c.  as 
per  memorial  on  file :  Resolved  by  this  Assembly,  that  Sarah 
Durfey,  administratrix  on  the  estate  of  said  Richard  Durfey 
deceased,  be  and  she  is  hereby  impowered  and  directed  (upon 
said  memorialist's  paying  to  said  administratrix  the  sum  of 
one  hundred  and  fourteen  dollars  with  the  lawful  interest 
arisen  thereon  since  the  date  of  said  mortgage  deed)  to  make 
and  execute  to  said  memorialist  a  deed  of  release  of  all  the 
right  and  interest  that  accrued  to  said  Richard  Durfey, 
deceased,  by  virtue  of  said  mortgage  deed  from  said  memo- 
rialist ;  which  deed  so  to  be  given  by  said  administratrix  to  be 
duly  recorded  as  the  proper  evidence  of  the  title  of  said  house, 
land  &c.  to  said  memorialist. 

Upon  the  memorial  of  Joseph  Wade  of  Lyme,  shewing  to 
this  Assembly  that  he  borrowed  of  Capt.  John  Sears  late  of 
Lyme,  deceased,  the  sum  of  eight  hundred  pounds  old  tenor, 
and  to  secure  the  repayment  executed  to  said  Sears  an  absolute 
deed  of  the  house  in  which  said  memorialist  dwells  with  the 
lot  adjoyning ;  that  said  deceased  executed  to  said  memo- 
rialist a  bond  to  reconvey  said  house  and  lot  upon  repayment 
of  said  sum  borrowed  with  interest  &g.  ;  that  said  deceased 
died  before  the  time  of  redemption  expired,  and  that  said 
memorialist  made  sundry  payments  to  said  deceased  before 
his  death  and  paid  to  the  executors  to  the  last  will  and  testa- 
ment of  said  deceased,  since  the  death  of  said  deceased,  the 
full  balance  of  the  principal,  interest  &c.  of  said  sum  bor- 
rowed ;  praying  this  Assembly  to  appoint  one  or  both  of  said 
executors  to  make  a  reconveyance  of  said  house  and  lot  to 
said  memorialist  <fec.,  as  per  memorial  on  file :  Resolved  by 
this  Assembly,  that  John  Sears  of  Lyme,  who  is  one  of  said 
executors,  be  and  he  is  hereby  appointed,  impowered  and  di- 
rected, to  make  and  execute  to  said  memorialist  a  deed  of 
release  of  all  the  right  and  interest  that  accrued  to  said 
deceased  by  virtue  of  said  deed  from  said  memorialist ;  and 
that  the  deed  so  to  be  given  by  said  executor  shall  be  duly 
recorded  as  the  proper  evidence  of  the  title  of  said  memorial- 
ist to  said  house  &c. 

Upon  the  memorial  of  Lemuel  Hull,  John  Pierson  and 
Stephen  Wilcox,  selectmen  of  the  town  of  Killingsworth, 
shewing  to  this  Assembly  that  Thomas  Hull  and  Deborah  his 
wife  are  and  have  been  for  some  time  impotent  and  unable  to 
take  care  of  themselves ;  that  said  selectmen  have  been 
obliged  to  expend  the  sum  of  ten  pounds  ten  shillings  and 
eight  pence  lawful   money  for  the  support  of  said  impotent 


188  PUBLIC    RECORDS  [Oct. 

persons  over  and  above  the  profits  and  income  of  the  small 
estate  that  l^elongs  to  said  Thomas ;  that  said  small  estate 
belonging  to  said  Thomas  consists  almost  wholly  of  lands ; 
that  said  charge  of  supporting  said  impotent  persons  cannot 
be  discharged  without  the  sale  of  some  of  the  lands  of  said 
Thomas  Hull,  as  per  memorial  on  file  &c.  :  Resolved  by  this 
Assembly,  that  Jonathan  Wilcox  of  said  Killingsworth  be  and 
he  is  hereby  appointed  and  impowered,  to  make  sale  of  so 
much  of  the  real  estate  of  said  Thomas  Hull  at  public  vendue 
to  the  highest  bidder  as  shall  amount  to  the  sum  of  ten  pounds 
ten  shillings  and  eight  pence  lawful  money  with  the  incident 
charges  arising  thereon ;  taking  the  advice  and  direction  of 
civil  authority  and  selectmen  of  said  Killingsworth  therein. 

[128]  Upon  the  memorial  of  Thomas  Walker,  lately  of 
Liverpool  in  England,  now  of  Middleton  in  the  county  of 
Hartford,  being  minded  to  come  and  settle  in  this  Colony 
came  into  Connecticut  River  with  his  wife  and  family  and  a 
quantity  of  European  goods  and  merchandizes,  and  having 
them  on  board  a  vessel  water-borne,  in  compliance  with  the 
laws  of  this  Colony  having  obtained  the  approbation  of  the 
authority  and  selectmen  of  said  Middleton  therefor,  purchased 
a  dwelling-house  and  lot  of  land  in  said  Middleton  on  or 
about  the  10th  day  of  January,  and  having  thereby  obtained 
a  settlement  and  became  a  legal  inhabitant  landed  his  said 
goods  in  order  for  sale,  and  notwithstanding  the  memorial- 
ist being  an  inhabitant  as  aforesaid,  John  Bacon,  collector  of 
excise  in  said  Middleton,  exacted  and  took  of  the  memofialist 
a  bond  for  the  duty  of  said  goods  for  the  sum  of  sixty-eight 
pounds  seven  shillings  and  a  penny,  payable  to  the  Treasurer 
of  this  Colony,  which  is  now  outstanding;  praying  for  a  re- 
lease of  said  bond  on  his  paying  to  the  excise-master  his  fees, 
as  by  his  memorial  on  file  appears:  Resolved  by  this  Assem- 
bly, that  the  memorialist  be  and  he  is  hereby  released  and 
discharged  from  said  bond,  and  that  the  same  be  given  up  to 
the  memorialist  to  be  cancelled  on  his  paying  said  fees. 

On  the  memorial  of  Thankful  Allen  of  Middleton  in  tlie 
county  of  Hartford,  shewing  to  this  Assembly  that  she  had  a 
twenty-shilling  bill  of  this  Colony  of  August  emission  burnt 
and  consumed  in  fire  in  February  last  in  her  father's  house 
when  burnt;  praying  this  Assembly  to  grant  that  she  may 
be  paid  out  of  the  treasury  of  this  Colony  the  sum  of  said  bill: 
Resolved  by  this  Assembly,  that  the  sum  of  twenty-three 
shillings  and  one  penny  ^  be  paid  out  of  the  public  treasury 
of  this  Colony  to  the  said  Thankful  Allen  by  the  Treasurer 
of  this  Colony. 


1758.]  OP    CONNECTlCUl^.  189 

Upon  the  memorial  of  Tryphena  Allyn,  administratrix  on 
the  estate  of  Theophilus  Allyn  late  of  Windsor  in  Hartford 
county,  deceast,  shewing  to  this  Assembly  that  the  debts  and 
charges  with  moveables  set  to  the  memorialist  for  necessary 
use  surmount  the  moveable  estate  of  the  deceast  the  sum  of 
thirty-two  pounds  fourteen  shillings  and  two  farthings  lawful 
money;  praying  that  the  memorialist  and  Epaphras  Sheldon 
of  Windsor  have  liberty  to  make  sale  of  so  much  of  the  real 
estate  of  the  said  deceast  as  will  procure  said  sum  of  X32  14s. 
O^d.  lawful  money :  Resolved  by  this  Assembly,  that  the 
memorialist  and  Mr.  Epaphras  Sheldon  of  Windsor  have 
liberty,  and  liberty  is  hereby  given  them,  to  make  sale  of  so 
much  of  the  real  estate  of  the  said  Theophilus  Allyn  late  of 
Windsor,  deceased,  as  will  procure  said  sum  of  thirty-two 
pounds  fourteen  shillings  and  two  farthings  lawful  money 
with  the  incident  charges  arising  thereon ;  taking  the  direc- 
tion of  the  court  of  probate  for  the  district  of  Hartford 
therein. 

[129]  Upon  the  memorial  of  Thomas  Marvin  of  Suffield, 
shewing  to  this  Assembly  that  the  ferry  crossing  Connecticut 
River  from  Suflield  to  Enfield,  known  by  the  name  of  Gilly's 
Ferry,  is  now  out  of  repair  and  wants  a  good  boat  and  wharf 
for  the  conveniency  of  landing  and  safety  of  travellers ;  that 
said  memorialist  is  willing  to  be  at  the  expence  aforesaid, 
provided  the  fare  of  said  ferry  might  be  settled  upon  him  for 
five  years  or  longer  if  this  Assembly  thought  proper ;  praying 
that  priviledge  might  be  granted  to  him  &c.  as  per  memorial 
on  file :  Resolved  by  this  Assembly,  that  said  memorialist  be 
and  he  is  hereby  granted  the  liberty  and  priviledge  of  keeping 
and  taking  the  fare  of  said  ferry  under  the  same  regulation 
as  already  fixed  and  established  by  law,  and  that  no  other 
person  shall  have  liberty  to  set  up  or  improve  any  ferry  in  the 
said  town  of  Suffield  northward  of  the  place  called  the  fall, 
upon  said  memorialist's  building  a  ferry-boat  and  convenient 
wharf  at  said  landing  place.  This  liberty  and  priviledge 
granted  to  said  memorialist  to  continue  during  the  pleasure 
of  this  Assembly,  and  no  longer. 

Upon  the  memorial  of   Elijah  Fitch,  of   Ashford  in  the 
county  of  Windham,  shewing  to  this  Assembly  that  the  mem- 
orialist being  a  soldier  in  Major  Slap's  company  and  on  his 
I  march  near  Kinderhook,  being  on  horseback  his  horse  stuni- 
Ibled,  whereby  a  breach  was  made  in  the  body  of  the  mem- 
orialist, whereby  he  is  rendered  unable  to  labour  for  support 
[of  himself  and  family,  and  not  having  wherewith  otherwise  to 
[support  them,  therefore  praying  for  liberty  to  peddle  English 


190  PUBLIC    RECORDS  [Oct. 

goods  for  the  space  of  two  years  without  paying  the  duty 
thereon  by  law  provided :  Resolved  by  this  Assembly,  that 
the  memorialist  have  liberty,  and  liberty  is  hereby  granted  to 
him,  to  use  the  business  or  employment  of  a  pedlar  within 
this  Colony  for  and  during  the  term  of  two  years  next  ensu- 
ing, without  paying  any  duty  for  the  same ;  any  law  to  the 
contrary  notwithstanding. 

On  the  memorial  of  the  inhabitants  of  the  towns  of  Fair- 
field, Milford,  Stratford,  Norwalk  and  Stanford,  praying  for 
the  reimbursement  of  the  charge  and  expence  for  quartering 
Col.  Frasier's  Highland  Battalion  the  last  winter:  Resolved 
by  this  Assembly,  that  the  Treasurer  of  this  Colony  be  and 
hereby  is  ordered  and  directed  to  pay  out  of  the  Colony 
treasury  to  the  inhabitants  of  the  town  of  Fairfield  the  sum 
of  four  hundred  forty-nine  pounds  sixteen  shillings  and  three 
pence  money  or  bills,  and  to  the  inhabitants  of  the  town  of 
Milford  four  hundred  twenty-nine  pounds  twelve  shillings  and 
four  pence  half-penny,  and  to  the  inhabitants  of  the  town  of 
Stratford  the  sum  of  four  hundred  thirty-five  pounds  ten  shil- 
lings and  eleven  pence 'half-penny,  and  to  the  inhabitants  of 
the  town  of  Norwalk  three  hundred  forty-eight  pounds  seven 
shillings  and  two  pence  half-penny,  and  to  the  inhabitants  of 
the  town  of  Stanford  the  sum  of  three  hundred  sixty-nine 
pounds  thirteen  shillings  and  four  pence  half-penny,  for  the 
charges  and  expences  above  referred  to  ;  and  the  several  sums 
abovementioned  shall  be  allowed  and  paid  by  the  said  Treas- 
urer out  of  the  public  tax  on  the  inhabitants  of  this  Colony 
ordered  to  be  brought  into  the  said  treasury  in  December 
next. 

On  the  memorial  of  William  Rhoads  &c.,  shewing  to  this 
Assembly  that  one  John  Carpenter  of  Woodstock  was  and  is 
justly  indebted  to  them  in  sundry  sums  of  money,  and  that 
the  said  John  being  indicted  at  the  superior  court  held  at 
Windham  &c.  on  the  3d  Tuesday  of  March  last,  for  knowingly 
uttering  a  counterfeit  bill  &c.,  at  which  court  Daniel  Pain  and 
[130]  Caleb  Grosvenor  bound  themselves  to  the  ||  Treasurer 
of  this  Colony  &c.  in  the  sum  of  X300  Os.  Od.  that  said  Car- 
penter should  abide  judgment  &c.,  and  that  for  a  secuinty  to 
the  said  Grosvenor  &c.  the  said  Carpenter  made  over  his 
estate  to  the  said  Grosvenor  to  near  that  sum,  whereby  said 
creditors  are  like  to  be  wronged  &c. ;  praying  some  relief 
&c. :  Whereupon  it  is  resolved  by  this  Assembly,  that  the 
superior  court  to  be  held  at  Windham  <fec.  on  the  8d  Tuesday 
of  March  next  (at  which  said  court  an  action  against  the  said 
Grosvenor  &c.  on  said  £'600  Os.  Od.  bond  by  review  is  depend- 


1758.1  OP     CONNECTICUT. 

ing,)   be  and  they  are  hereliy  directed   and   impowered  l, 
judgment  thereon  had,  to  chancer  said  bond  down  to  the  sum 
of  X182  Os.  Od.  and  render  judgment  thereon  only  for  said 
sum  of  <£132  and  cost. 

Whereas  at  the  sessions  of  the  Assembly  at  Hartford  in  May 
last,  on  the  petition  of  William  Clever  of  Middleton,  versus 
Samuel  Wyllys  of  said  Middleton,  Jonathan  Trumble,  John 
Chester  and  Elisha  Sheldon,  Esq""**,  were  appointed  a  com- 
mittee to  hear  and  examine  the  matters  of  complaint  and 
grievance  in  said  petition  set  forth  and  alledged,  and  to  report 
their  opinion  thereon  to  this  Assembly,  and  they  have  already 
entered  upon  said  business  and  examination,  but  from  the 
intricacy  of  said  affair  they  are  not  yet  prepared  to  make  such 
their  report :  Therefore,  that  said  commissioners  may  have 
full  time  to  accomplish  said  affair  in  the  best  manner,  re- 
solved by  this  Assembly,  that  said  committee  be  and  they  are 
hereby  reappointed  and  have  full  power  to  proceed  in  such 
their  examination  &c.  and  to  make  report  of  what  they  shall 
find  and  adjudge  in  the  premises  to  this  Assembly  in  May 
next.  And  the  said  petition  and  all  further  proceedings 
thereon  are  referred  to  the  consideration  of  said  Assembly. 

Upon  the  memorial  of  Israel  Calkin,  late  sergeant  in  Capt. 
Ephraim  Preston's  company  in  Col.  Lyman's  regiment  of  foot 
in  the  troops  raised  by  this  Colony  in  the  year  1757,  repre- 
senting that  on  the  5th  of  August  1757,  being  in  actual  ser- 
vice going  express  from  General  Webb  at  Fort  Edward  to 
Col.  Monroe  at  Fort  William  Henry,  then  besieged  by  the 
French  troops,  he  was  taken  prisoner  by  the  enemy  and  from 
thence  carried  to  Canada  and  transported  to  old  France, 
through  innumerable  hardships,  sickness  and  fatigue ;  that  at 
length  he  got  thence  into  England  in  a  cartel  and  lately  returned 
home;  praying  that  an  allowance  may  be  made  him  of  his 
wages  &c.,  as  by  said  memorial  on  file  appears:  Resolved  by 
this  Assembly,  that  in  consideration  of  the  fidelity  of  the  said 
Israel  Calkins  while  in  the  service  of  this  Colony  and  the 
calamities  he  has  sustained  in  his  said  captivity,  that  the 
sum  of  thirty  pounds  be  paid  him  out  of  the  public  treasury 
of  this  Colony ;  and  the  Treasurer  of  this  Colony  is  accord- 
ingly directed  to  pay  the  said  Israel  Calkins  the  said  sum  of 
thirty  pounds  on  his  producing  and  delivering  to  him  a  copy 
of  this  act. 

Upon  the  memorial  of  Robert  Walker  of  Stratford,  Jabez 
Hurd  of  Newtown,  John  Warner  and  Thomas  Noble  both  of 
New  Milford,  owners  and  proprietors  of  the  bed  of  iron  oar 
lying  in  Kent  in  a  tract  of  land  called  Fairweather's  Purchase, 


PUBLIC    RECORDS  ^  [Oct. 

xed  the  Oar  Hill,  and  the  rest  of  the  proprietors  of  said 
ron  oar,  praying  that  they  might  have  liberty  and  authority 
to  have  and  hold  meetings  among  themselves  and  manage 
and  improve  said  oar  to  their  advantage  and  the  good  of  the 
public,  and  that  they  should  be  accountable  each  one  accord- 
ing to  their  use  of  said  oar,  as  by  their  memorial  on  file 
appears :  Resolved  by  this  Assembly,  that  the  proprietors  of 
said  iron  oar  from  time  to  time  have  liberty,  and  power  and 
authority  to  them  is  hereby  given,  to  meet  and  hold  their 
[  131  ]  meetings  among  themselves  and  in  their  meeting  || 
agree  upon  such  rules  and  methods  for  improving  said  oar  as 
to  them  shall  be  thought  fit,  and  to  choose  their  clerk  to  enter 
their  votes,  agreements  and  conclusions,  and  to  give  copies 
thereof,  and  to  choose  a  committee  to  order  the  prudentials 
of  said  oar,  and  that  said  proprietors  shall  meet  the  first  time 
at  Newtown  in  the  county  of  Fairfield  at  the  dwelling-house  of 
Caleb  Bawldwin,  Esqf,  on  the  2d  Tuesday  of  December  next, 
and  on  the  2d  Tuesday  of  December  yearly  at  said  Newtown 
from  year  to  year  unless  said  proprietors  in  their  meetings 
shall  by  their  vote  alter  the  time  and  place  of  their  meetings : 
Provided,  that  all  said  votes  shall  be  computed  according  to 
the  interest  the  proprietors  have  and  own  in  said  bed,  and 
that  each  proprietor  have  power  and  authority,  and  power 
and  authority  is  hereby  given  to  said  proprietors  and  each 
and  every  of  them,  by  suit  at  law  or  otherwise,  to  call  their 
fellow  proprietors  or  commoners  in  said  oar  and  each  or  every 
of  them  to  account  for  what  he  or  they  have  received,  sold  or 
expended  of  said  oar  more  than  his  or  their  share  or  shares, 
proportion  or  proportions,  which  they  own  in  said  oar ;  and 
also  power  is  hereby  given  to  said  proprietors  to  call  any 
persons  to  account  who  have  no  interest  in  said  oar  for  what 
they  have  or  shall  have  received  of  said  oar. 

Upon  the  memorial  of  Edmund  Curtis  and  Samuel  Wells, 
both  of  Stratford  in  Fairfield  county,  administrators  on  the 
estate  of  Samuel  Southworth  late  of  said  Stratford,  deceased, 
representing  to  this  Assembly  that  the  whole  of  the  estate  of 
said  deceased,  being  two  hundred  forty  pounds  ten  shillings 
and  five  pence  half-penny,  whereof  forty  pounds  ten  shillings 
and  five  pence  half-penny  only  is  personal  estate,  and  that 
the  debts  due  from  said  estate  amounts  to  the  sum  of  one 
hundred  eighty-nine  pounds  two  shillings  and  nine  pence  far- 
thing, so  that  said  debts  surmount  said  personal  estate  the 
sum  of  one  hundred  forty-eight  pounds  twelve  shillings  and 
three  pence  three  farthings,  and  that  the  real  estate  of  two 
hundred  pounds  consists  of  a  house  and  about  an  acre  of  land  ; 


1768.]  OP    CONNECTICUT.  193 

praying  liberty  and  authority  to  sell  said  house  and  land,  as 
by  their  memorial  on  file  appears :  Resolved  by  this  Assem- 
bly, that  said  house  and  land  be  sold  to  answer  said  debts 
and  for  the  benefit  of  the  legal  representatives  of  the  deceased ; 
and  the  memorialists  are  hereby  authorized  and  impowered 
to  make  sale  of  said  house  and  land  (taking  the  direction  of 
the  judge  of  the  court  of  probate  for  the  district  of  Fairfield 
therein). 

Upon  the  memorial  of  Samuel  Clark  and  Stephen  Clark, 
both  of  Saybrook,  executors  to  the  last  will  and  testament  of 
Samuel  Clark  late  of  Saybrook,  deceased,  shewing  to  this 
Assembly  that  the  debts  due  from  said  estate,  charges  of 
administration,  allowances  made  by  the  court  of  probate,  sur- 
mount the  personal  estate  of  said  deceased  the  sum  of  one 
hundred  and  sixty-two  pounds  nineteen  shillings  and  ten 
pence  half-penny  lawful  money;  praying  this  Assembly  to 
impower  the  said  Samuel  Clark  to  make  sale  of  so  much  of 
the  real  estate  of  said  deceased  as  shall  amount  to  the  sum  of 
one  hundred  and  sixty-two  pounds  nineteen  shillings  and  ten 
pence  half-penny  lawful  money  with  incident  charges  &c.  as 
per  memorial  on  file  &c. :  Resolved  by  this  Assembly,  that 
the  said  Samuel  Clark  be  and  is  hereby  appointed  and  im- 
powered to  make  sale  of  so  much  of  the  real  estate  of  said 
deceased  as  shall  amount  to  the  sum  of  one  hundred  and 
sixty-two  pounds  nineteen  shillings  and  ten  pence  half-penny 
lawful  money  with  the  incident  charges  arising  thereon; 
taking  the  advice  and  direction  of  the  court  of  probate  for  the 
district  of  Guilford  therein. 

[  182  ]  Whereas  on  the  memorial  of  the  inhabitants  of  the 
society  of  Mount  Carmel,  preferred  to  the  General  Assembly 
held  at  Hartford  in  May  last,  representing  that  the  bounds  of 
said  parish  were  by  the  terms  of  the  original  grant  thereof 
uncertain  and  indeterminate ;  praying  that  the  said  bounds 
might  be  ascertained  and  said  parish  somewhat  inlarged  ; 
the  said  Assembly  appointed  Roger  Newton,  Esq'',  Mr.  Joseph 
Hawkins  and  Mr.  Enos  Brooks,  a  committee  to  repair  to  said 
parish,  view  the  bounds  thereof,  examine  the  matters  and 
things  in  said  memorial  set  forth  and  alledged  &q.  and  report 
their  opinion  thereon  to  this  Assembly;  which  committee 
have  accordingly  reported,  that  said  parish  ought  not  to  be 
enlarged  as  prayed  for,  but  that  the  bounds  thereof  ought  to 
be  ascertained  in  manner  as  set  forth  in  said  report ;  and 
said  report  hath  been  read,  accepted  and  approved  of  by  this 
Assembly;  as  by  said  memorial,  appointment  and  report  of 
said  committee  on  file  appears :  It  is  therefore  resolved  by 
25 


194  PUBLIC    RECORDS  [Oct. 

this  Assembly,  that  the  bounds  of  said  parish  for  the  future 
shall  be  as  follows,  viz :  Beginning  at  the  southeast  corner  at 
the  mouth  of  Shepherds  Brook,  where  said  brook  falls  into  the 
Mill  River,  thence,  running  westward  a  parallel  line  with  the 
line  on  the  south  side  of  the  half-division,  so  called,  unto  the 
east  line  of  the  parish  of  Amity,  thence  northward  in  said 
line  to  Walling-ford  bounds,  and  to  extend  northward  from 
the  first  mentioned  bounds  by  said  river,  being  the  west  side 
line  of  North  Haven  Parish  bounds,  until  it  comes  to  the 
south  side  of  James  Ives's  farm,  and  to  run  eastwardly  a  paral- 
lel line  with  the  south  line  of  said  James  Ives's  farm  until  it 
comes  to  a  highway  four  rods  wide,  thence  north  by  said 
highway  unto  Ithamar  Todd's  farm,  including  said  farm  within 
the  limits  of  said  parish,  and  thence  to  the  Blue  Hills,  so 
called,  and  to  run  eastwardly  by  a  highway  four  rods  wide  that 
is  by  the  southward  side  of  the  Blue  Hill  land,  so  called, 
until  it  comes  to  a  highway  six  rods  wide  that  runs  north- 
wardly by  the  east  side  of  Lt.  Blacksley's  house,  to  run  by  said 
highway  until  it  comes  north  of  the  widow  Todd's  dwelling- 
house,  thence  eastwardly  on  the  southward  side  of  said  Blue 
Hill  until  it  comes  to  Wallingford  bounds  at  the  east  end  of 
said  hill,  and  thence  westwardly  in  the  north  side  line  of  said 
New  Haven  bounds  unto  said  Amity  line. 

On  the  memorial  of  John  Chester,  administrator  cum  testa- 
mento  annexo  on  the  estate  of  William  Leeds  of  Groton  in  the 
county  of  New  London,  shewing  to  this  Assembly  that  said 
Leeds  had  not  made  any  provision  in  his  will  for  selling  any 
of  his  real  estate  for  the  payment  of  his  debts,  and  that  the 
debts  surmount  the  moveable  estate  of  said  deceased  the  sum 
of  sixty-five  pounds  nine  shillings  and  two  pence  three  far- 
things lawful  money;  praying  for  liberty  to  sell  so  much  of 
the  real  estate  of  said  deceased  as  to  raise  said  sum,  as  by 
the  memorial  on  file  may  appear :  Resolved  by  this  Assembly, 
that  Mr.  Jabez  Smith  of  Groton  have  liberty,  and  he  is  hereby 
enabled,  to  sell  so  much  of  the  real  estate  of  said  deceased  as 
to  make  said  sum  of  <£65  9s.  2ld.  with  the  incident  charges 
thereon  arising ;  taking  the  advice  of  the  court  of  probate  for 
the  district  of  New  London  therein. 

Upon  the  memorial  of  Jeremiah  Drake,  of  Harwinton  in 
the  county  of  Litchfield,  representing  that  he  served  an  ap- 
prenticeship in  the  Province  of  New  York  to  a  tanner,  where 
he  was  born  and  brought  up,  and  that  since  he  has  worked 
at  the  trade  in  this  government  as  a  journeyman,  and  that  in 
the  summer  past  he  had  purchased  hides,  stuff  <fec.  and  was 
making  preparation  to  set  up  said  business,  and  that  being  a 


175S.]  OP    CONNECTICUT.  195 

[  133  ]  stranger  he  had  never  heard  or  thought  it  necessary 
to  his  so  doing  that  he  should  obtain  a  license  from  the 
county  court  until  within  a  short  time ;  that  if  he  should 
wait  till  an  opportunity  would  offer  for  his  applying  to  the 
county  court  for  such  license  it  would  retard  his  designs  and 
greatly  damage  and  obstruct  his  affairs  for  the  ensuing  year; 
praying  the  aid  and  license  of  this  Assembly:  It  is  therefore 
resolved  by  this  Assembly,  that  the  said  Jeremiah  Drake,  hav- 
ing now  manifested  his  skill  in  the  art  and  trade  of  a  tanner, 
shall  have  liberty,  and  liberty  and  license  is  hereby  granted 
unto  him,  to  set  up  and  exercise  the  trade,  mystery  and  busi- 
ness of  a  tanner  in  this  Colony. 

On  the  memorial  of  Mary  Barns,  administratrix  on  the 
estate  of  Israel  Barns  late  of  New  Haven,  deceased,  shewing 
to  this  Assembly  that  the  debts  due  from  the  estate  of  the 
said  deceased,  including  charge  of  administration,  surmount 
the  moveable  estate  of  the  said  deceased  £9  19s.  S^d.  lawful 
money,  and  praying  for  liberty  to  sell  so  much  of  the  real 
estate  of  the  said  deceased  as  shall  enable  her  to  pay  said 
sum  &c.  as  per  memorial  on  file :  Resolved  by  this  Assembly, 
that  the  memorialist  have  liberty,  and  she  is  hereby  enabled, 
to  sell  so  much  of  the  real  estate  of  the  said  deceased  as  shall 
raise  a  sum  sufficient  to  pay  said  sum  of  <£9  19s.  Shd.  lawful 
money  with  incident  charges;  taking  the  direction  of  the 
court  of  probate  in  the  district  of  New  Haven  therein. 

Upon  the  memorial  of  Nathaniel  Gains,  administrator 
on  the  estate  of  Nathaniel  Gains  late  of  Glassenljury,  de- 
ceased, shewing  to  this  Assembly  that  the  debts  due  from 
said  estate  with  necessary  moveables  to  the  widow  of  the  said 
deceased  surmount  the  moveable  estate  of  said  deceased  the 
sum  of  <£8  18s.  2^d.  lawful  money,  and  praying  for  liberty  to 
sell  so  much  of  the  real  estate  of  the  said  deceased  as  shall 
make  said  sum :  Resolved  by  this  Assembly,  that  the  said 
administrator  have  liberty,  and  liberty  is  hereby  granted  to 
the  abovesaid  Nathaniel  Gains,  administrator,  to  make  sale 
of  so  much  of  the  real  estate  of  the  said  deceased  as  shall 
make  the  sum  of  £8  18s.  2|c^.  lawful  money  with  incident 
charges  arising  thereon ;  taking  the  direction  of  the  court  of 
probate  in  the  district  of  Hartford 'therein. 

On  the  memorial  of  William  Downer  of  Norwich,  executor 
of  the  last  will  and  testament  of  the  late  Joseph  Downer  of 
Norwich,  (deceased,)  and  Giles  Yeomans  and  Levina  Yeo- 
mans  his  wife,  both  of  Stonington,  shewing  to  this  Assembly 
that  the  said  Joseph  Downer  in  his  life  time  was  adminis- 
trator on  the  estate  of  James  Cushman  of   Lebanon,  (de- 


196  PUBLIC    RECORDS  [Oct. 

ceased,)  which  said  Cushman  was  the  late  husband  of  the 
said  Levina,  and  that  the  said  Giles  is  the  guardian  of  all  the 
children  of  the  said  Cushman,  and  that  in  the  administration 
on  the  said  Cushman's  estate  it  appeared  that  the  debts  and 
charges  and  allowances  made  by  the  court  of  probate  in  the 
district  of  Windham  surmounted  the  personal  estate  of  said 
deceased  Cushman  the  sum  of  sixty  pounds  lawful  money, 
and  that  thereupon  the  said  Joseph  Downer,  administrator 
as  aforesaid,  obtained  liberty  from  this  Assembly,  in  May 
1755,  to  make  sale  of  so  much  of  said  deceased  Cushman's 
land  as  should  enable  him  to  pay  the  said  sixty  pounds  with 
the  incident  charges  arising  thereon,  taking  the  direction  of 
said  probate  court  therein,  which  liberty  granted  with  direc- 
tions given  thereon  he  pursued  and  made  sale  of  the  lands 
which  did  belong  to  said  Cushman  sufficient  to  pay  the  said 
sum  and  costs  thereon,  and  that  the  said  Joseph  Downer,  the 
administrator  as  aforesaid,  died  before  he  had  executed  a 
deed  or  deeds  of  the  lands  so  sold  by  him,  altho'  the  said 
deceased  administrator  raised  the  money  on  said  sale  of  said 
lands  and  the  same  paid  out  in  discharge  of  the  debts  of 
said  deceased  Cushman ;  praying  that  the  sales  aforesaid  may 
be  confirmed  by  deed,  and  that  the  said  Giles  Yeomans  and 
[134]  Levina  his  wife  maybe  ||  authorized  and  impowered 
to  make  a  deed  or  deeds  of  conveyance  to  the  person  or  per- 
sons to  whom  the  same  was  sold  by  the  said  deceased  Joseph 
Downer,  in  conformity  to  and  accomplishment  of  the  sale  or 
sales  by  him,  said  Downer,  made  as  aforesaid :  Granted,  that 
the  said  Giles  Yeomans  and  Levina  his  wife  have  liberty,  and 
full  liberty  and  authority  is  hereby  given  to  them,  to  make  and 
execute  a  deed  or  deeds  of  conveyance  to  the  person  or  persons 
to  whom  the  lands  which  did  belong  to  said  deceased  Cushman 
were  sold  by  the  said  deceased  Joseph  Downer  as  administrator 
on  said  Cushman's  estate,  in  conformity  unto  and  accomplish- 
ment of  the  sales  by  him,  said  administrator,  made  as  afore- 
said. 

Upon  the  memorial  of  Esther  Roots,  administratrix  upon 
the  estate  of  Joshua  Roots  late  of  Canaan  in  the  county  of 
Litchfield,  deceased,  shewing  to  this  Assembly  that  the  debts 
due  from  the  estate  of  said  deceased  with  what  was  allowed 
by  the  court  of  probate  to  the  widow  for  necessary  subsistence 
surmount  the  personal  estate  of  said  deceased  to  the  sum  of 
<£20  2s.  Sd.  lawful  money ;  praying  for  liberty  to  sell  real  estate 
of  said  deceased  to  pay  the  same :  Resolved  by  this  Assembly, 
that  the  memorialist  be  and  she  is  hereby  allowed  and  im- 
powered to  sell  so  much  of  the  real  estate  of  the  said  Joshua 


1758.]  OP     CONNECTICUT.  197 

Roots,  deceased,  as  to  procure  said  sum  of  X20  2s.  8c?.  lawful 
money  with  incident  charges  arising  thereon  ;  taking  the  direc- 
tion'of  the  court  of  probate  for  the  district  of  Sharon  therein. 

Upon  the  memorial  of  Daniel  Spencer  jun"",  of  Haddam 
in  the  county  of  Hartford,  administrator  upon  the  estate  of 
David  Clark  late  of  said  Haddam,  deceased,  shewing  to  this 
Assembly  that  the  debts  and  charges  exhibited  by  the  admin- 
istrator on  said  estate  to  the  court  of  proliate  for  the  district 
of  Middleton  and  allowed  })y  said  court,  together  with  some 
allowance  made  by  said  court  of  probate  to  the  widow  of  said 
deceased,  surmount  the  moveable  part  of  said  estate  the  sum 
of  £50  16s.  5d.  lawful  money:  praying  that  some  meet  person 
may  be  impowered  to  make  sale  of  so  much  of  the  real  estate 
of  said  deceased  as  to  procure  said  sum  with  incident  charges, 
as  per  memorial  on  file  appears  :  Resolved  by  this  Assembly, 
that  Capt.  Jabez  Brainard,of  said  Haddam,  be  impowered  and 
he  is  hereby  authorized,  to  make  sale  of  so  much  of  the  real  estate 
of  the  said  David  Clark,  deceased,  as  to  procure  said  sum  of 
X50  16s.  5d.  lawful  money  with  incident  charges  arising 
thereon ;  taking  the  direction  of  the  court  of  probate  in  the 
district  of  Middleton  therein. 

Upon  the  memorial  of  William  Downer,  of  Norwich  in  New 
London  county,  executor  of  the  last  will  and  testament  of 
Mr.  Joseph  Downer  late  of  said  Norwich,  deceased,  shewing 
to  this  Assembly  that  the  debts  and  charges  allowed  by  the 
court  of  probate  for  the  district  of  Norwich  against  the  estate 
of  the  said  deceased,  together  with  an  allowance  to  the  widow 
of  the  deceased  of  necessaries  for  the  upholding  of  life,  sur- 
mounts the  sum  of  the  personal  estate  of  the  said  deceased 
the  sum  of  X140  5s.  8|c?.,and  praying  this  Assembly  for 
liberty  to  sell  so  much  of  the  real  estate  of  the  said  deceased 
as  to  enable  him  to  pay  the  said  sum  of  X140  5s.  8ld.  and  the 
[1-55]  incident  charges:  ||  Resolved  by  this  Assembly,  that 
the  memorialist  have  liberty,  and  liberty  is  hereby  granted  to 
the  said  William  Downer,  to  sell  so  much  of  the  real  estate  of 
the  said  deceased  as  to  raise  the  said  sum  of  £140  5s.  S^d. 
and  the  necessary  charges  arising  on  such  sale  ;  taking  the 
direction  of  the  court  of  probate  in  the  district  of  Norwich 
therein. 

Upon  the  memorial  of  Joseph  Lockwood  of  Norwalk,  ad- 
ministrator on  the  estate  of  Still  John  Lockwood.  late  of 
Greenwich  in  Fairfield  county,  deceased,  shewing  to  this  As- 
sembly that  there  were  more  debts  brought  in  against  the 
estate  of  the  said  Still  John  Lockwood,  amounting  to  the  sum 
of  £5  12s.  2d.  lawful  money;  praying  to  this  Assembly  for 


198  PUBLIC    RECORDS  [Oct. 

liberty  to  sell  so  much  of  the  real  estate  of  the  said  deceased 
as  will  be  sufficient  to  pay  said  sum  &c. :  Resolved  by  this 
Assembly,  that  the  said  John  Lockwood  have  power,  and  he 
is  hereby  impowered,  to  sell  so  much  of  the  real  estate  of  the 
said  deceased  as  will  answer  and  satisfy  the  sum  of  X5  12s. 
2d.  lawful  money  with  the  charges  arising  thereon  ;  taking  the 
direction  of  the  court  of  probates  in  the  district  of  Stanford 
therein. 

Upon  the  memorial  of  Nathan  Hoit  and  Samuel  Grumon, 
both  of  Norwalk,  administrators  on  the  estate  of  Samuel  Rus- 
coe  late  of  said  Norwalk,  deceased,  showing  to  this  Assembly 
that  the  debts  due  from  said  estate,  with  a  small  allowance 
made  to  the  widow,  surmount  the  moveable  estate  the  sum  of 
■£39  19s.  Id.  lawful  money,  and  praying  for  liberty  to  sell  so 
much  of  the  real  estate  of  said  deceased  as  will  be  sufficient 
to  pay  said  sum  &c. :  Resolved  by  this  Assembly,  that  the 
said  Nathan  Hoit  and  Samuel  Grumon  be  impowered,  and 
they  are  hereby  impowered,  to  sell  so  much  of  the  real  estate 
of  the  said  deceased  Samuel  Ruscoe  as  will  be  sufficient  to 
pay  and  satisfy  said  sum  of  =£39  19s.  Id.  lawful  money  with 
the  incident  charges  on  such  sale ;  taking  directions  of  the 
court  of  probate  in  the  district  of  Fairfield  therein. 

Upon  the  memorial  of  Isaac  Waterman  of  Middleton,  ad- 
ministrator of  the  estate  of  Isaac  Waterman  late  of  Middleton, 
deceased,  shewing  that  the  debts  due  from  said  estate,  with 
some  allowances  made  by  the  court  of  probate  to  the  widow, 
surmount  the  moveable  estate  of  the  said  deceased  the  sum 
of  X62  lawful  money  ;  praying  for  liberty  to  sell  real  estate 
&c. :  Resolved  by  this  Assembly,  that  the  memorialist  have 
liberty,  and  he  is  hereby  impowered,  to  sell  so  much  of  the 
real  estate  of  said  deceased  as  shall  be  sufficient  to  procure 
said  sum  of  sixty-two  pounds  together  with  the  incident 
charges  arising  on  such  sale ;  taking  direction  of  the  court  of 
probate  of  the  district  of  Middleton  therein. 

Upon  the  memorial  of  the  first  ecclesiastical  society  in  the 
town  of  New  London,  shewing  to  this  Assembly  that  said 
society  have  lately  settled  a  minister  of  the  gospel  among 
them  to  their  almost  universal  satisfaction,  and  that  the  rais- 
ing their  minister's  salary  (which  is  large)  by  a  tax  in  the 
ordinary  way  is  attended  with  great  difficulty,  there  being 
many  poor  people  in  said  society  that  are  unable  to  pay  the 
tax  that  must  be  laid  upon  them  in  the  common  form  of  tax- 
ing, the  present  taxes  of  the  Colony  being  very  high  &c.,  and 
the  said  society,  being  willing  that  the  poor  should  have  the 
gospel  preached  to  them  freely,  have  agreed  to  raise  a  great 


1758.]  OP    CONNECTICUT.  199 

part  of  their  minister's  salary  by  laying  a  tax  on  the  several 
pews  in  their  meeting-house,  to  be  paid  by  the  proper  owners 
of  said  pews  for  the  time  being,  which  method  of  taxing  will 
have  a  direct  tendehcy  to  relieve  the  poorer  sort  of  people  and 
[  136  J  cast  the  burthen  of  paying  their  minister's  salary  || 
chiefly  on  the  more  wealthy  and  able  in  said  society :  there- 
fore praying  this  Assembly  to  order  and  enact  that  the  several 
proprietors  (for  the  time  being)  of  said  pews  shall  stand 
charged  with  and  be  obliged  to  pay  the  several  sums  annually 
that  each  pew  is  respectively  assessed  at,  as  is  in  said  mem- 
orial set  forth.,  during  the  term  of  three  years  commencing 
the  18th  day  of  November  next ;  the  first  annual  payment 
to  be  the  18th  day  of  May  1759,  and  so  annually  until  said 
term  be  ended ;  and  to  enable  said  society  to  appoint  a  col- 
lector or  collectors  annually  to  collect  said  sums  &g.  And 
whereas  a  great  number  of  the  proprietors  of  said  pews  have 
by  a  writing  under  their  hands,  dated  the  7th  day  of  October 
1758,  manifested  and  declared  their  free  consent  and  willing- 
ness to  have  their  several  pews  in  said  meeting-house  rated 
as  aforesaid :  It  is  therefore  enacted  by  this  Assembly,  that 
all  the  pews  in  said  meeting-house  which  belong  to  those 
persons  in  said  society  who  have  so  manifested  their  consent 
to  such  taxing  as  aforesaid,  or  which  may  hereafter  in  writing 
under  their  hands  so  declare  their  consent  to  the  same,  shall 
be  rated  annually  for  three  years  next  ensuing  at  the  respec- 
tive sums  by  said  society  agreed  upon  as  in  said  memorial  is 
mentioned,  the  first  of  which  rates  shall  be  paid  by  the  owners 
of  said  pews  by  the  18th  day  of  May  next,  and  the  second  rate 
by  the  18th  of  May  1760,  and  the  third  rate  by  the  18th  of 
May  1761.  And  the  committee  of  said  society  for  the  time 
being  are  hereby  impowered,  some  convenient  time  before  the 
respective  times  of  payment  aforesaid,  to  make  a  rate  on  such 
persons  in  said  society  as  for  the  time  being  shall  be  owners 
or  part  owners  of  such  pews  ordered  to  be  taxed  as  aforesaid, 
therein  setting  down  each  ones  just  proportion  of  such  tax, 
which  rates  shall  be  collected  by  such  person  or  persons  as 
said  society  shall  appoint  for  that  purpose,  who  shall  have 
power  to  levy  and  collect  the  same  in  the  same  manner  as 
other  society  rates  are  by  law  ordered  to  be  collected ;  which 
rates  when  collected  shall  be  improved  toward  paying  the 
minister's  salary  in  said  society.  And  if  any  persons  shall  be 
assessed  wrongfully  or  more  than  their  just  proportion  in 
any  of  the  rates  that  shall  be  made  by  virtue  of  this  act  they 
shall  have  the  same  remedy  for  relief  as  is  by  law  provided 
for  persons  wrongfully  assessed  in  other  rates. 


200  PUBLIC    RECORDS  [Oct. 

Upon  the  memorial  of  Joseph  Hart  and  others,  inhabitants 
of  the  society  of  Northington  in  the  town  of  Parmington  in 
the  county  of  Hartford,  representing  the  infant  state  and  cir- 
cumstances of  said  society,  and  praying  that  all  the  improved 
lands  therein  belonging  to  non-residents  may  be  taxed  for  the 
support  of  the  charges  of  said  society  &c. :  Resolved  by  this 
Assembly,  that  all  rateable  and  improved  lands  lying  within 
the  limits  of  said  Northington  Society  which  do  belong  to 
non-residents  who  live  within  the  first  society  in  said  Parm- 
ington shall  and  may  for  the  future  be  taxed  for  the  defray- 
ing of  the  said  society  charges  in  said  Northington,  in  the 
same  manner  as  if  the  owners  of  such  lands  belonged  to  said 
society  of  Northington. 

Upon  the  memorial  of  Josiah  Brownson  and  Susannah 
Drinkwater,  administrators  of  the  estate  of  William  Drink- 
water  late  of  said  New  Milford,  deceased,  shewing  to  this 
Assembly  that  there  are  debts  due  from  the  estate  of  said 
deceased  amounting  to  X41  9s.  8d.  that  have  appeared  since 
the  memorialists  applied  to  this  Assembly  for  liberty  to  sell 
lands  &c.  in  May  last,  and  that  there  is  no  personal  estate  of  said 
deceased  to  pay  the  same  ;  praying  this  Assembly  for  liberty 
to  sell  so  much  of  the  real  estate  of  said  deceased  as  shall  be 
sufficient  to  pay  said  sum :  Resolved  by  this  Assembly,  that 
the  memorialists  have  liberty,  and  they  are  hereby  impowered, 
to  sell  so  much  of  the  remaining  real  estate  of  said  deceased 
as  shall  be  sufficient  to  procure  said  sum  of  X41  9s.  8d.  to- 
[  137  ]  gether  with  the  incident  charges  ||  arising  thereon ; 
taking  direction  of  the  court  of  probate  for  the  district  of 
Woodbury  therein. 

Upon  the  memorial  of  Caleb  Baton  of  New  Milford,  admin- 
istrator of  the  estate  of  Josiah  Daton  late  of  said  New  Mil- 
ford, deceased,  shewing  that  the  debts  due  from  said  estate 
surmount  the  moveable  estate  the  sum  of  X87  16s.  lO^d.  law- 
ful money ;  praying  this  Assembly  for  liberty  to  sell  so  much 
of  the  real  estate  of  said  deceased  as  shall  be  sufficient  to  pay 
said  sum  &c. :  Resolved  by  this  Assembly,  that  the  memor- 
ialist have  liberty,  and  he  is  hereby  impowered,  to  sell  so  much 
of  the  real  estate  of  the  said  deceased  as  shall  be  sufficient  to 
procure  said  sum  of  X87  lOs.  lO^d.  together  with  the  incident 
charges  arising  on  such  sale ;  taking  direction  of  the  court  of 
probate  for  the  district  of  Woodbury  therein. 

Upon  the  memorial  of  Nehemiah  Beardslee  and  Jemima 
Beardslee,  administrators  on  the  estate  of  Serajah  Beardslee 
late  of  New  Pairfield,  deceased,  shewing  to  this  Assembly  that 
the  debts  &c.  due  from  said  estate  surmount  the  moveable 


1758.]  OF    CONNECTICUT.  201 

estate  of  the  said  deceased  £S0  Os.  5d.  and  praying  for  liberty 
to  sell  so  much  of  the  real  estate  of  the  said  deceased  as  to 
enable  them  to  pay  said  debts  &c.,  as  per  memorial  on  file : 
Resolved  l)y  this  Assembly,  that  the  memorialists  have  liberty, 
and  they  are  hereby  impowered,  to  make  sale  of  so  much  of 
the  real  estate  of  the  said  deceased  as  shall  enable  them  to 
pay  said  sum  of  =£30  Os.  5c?.  with  incident  charges ;  taking 
the  direction  of  the  court  of  probate  in  the  district  of  Dan- 
bury  therein. 

Upon  the  memorial  of  Abigail  Richards,  administratrix  on 
the  estate  of  Benjam'in  Richards  of  Hartford  in  the  county  of 
Hartford,  deceased,  representing  that  the  debts  due  from  said 
estate  surmount  the  jnoveable  part  thereof  the  sum  of  X22 
196*.  Od.  lawful  money ;  praying  for  liberty  to  sell  of  the  real 
estate  &c. :  Resolved  by  this  Assembly,  that  the  said  Abigail 
Richards  shall  have  liberty,  and  liberty  and  authority  is  hereby 
given  to  her,  to  make  sale  of  so  much  of  the  real  estate  of 
said  deceased  as  will  be  sufficient  to  procure  said  sum  of  £22 
19,s-.  Od.  lawful  money  ;  taking  the  direction  of  the  court  of 
probate  for  the  district  of  Hartford  therein  ;  together  with 
the  incident  charges  of  such  sale. 

On  the  memorial  of  John  Turner,  Jedidiah  Richards, 
Ebenezer  Burr  and  others,  all  of  Norfolk  in  the  county  of 
Litchfield,  shewing  to  this  Assembly  that  there  are  settled 
in  said  township ■  forty-three  families;  praying  that  said  in- 
habitants may  have  town  priviledges  as  other  towns  in  this 
Colony  have,  and  also  have  power  to  procure  the  gospel  to  be 
preached  among  them  &c.,  as  by  their  memorial  on  file  ap- 
pears :  Resolved  by  this  Assembly,  that  the  said  memorialists 
and  others,  inhabitants  of  said  Norfolk,  be  and  they  are  hereby 
made  and  created  an  entire  town  by  the  name  of  the  town  of 
Norfolk  in  the  county  of  Litchfield.  And  this  Assembly  do 
also  grant  to  said  town  of  Norfolk  all  such  rights,  powers, 
priviledges  and  immunities  as  each  or  any  of  the  towns  in 
this  Colony  by  law  already  have  ;  and  that  Mr.  George  Palmer 
and  Mr.  Ezra  Knap,  Ijoth  of  said  town,  be  and  they  are  hereby 
appointed  and  impowered  to  give  due  warning  and  notice  to 
all  the  inhabitants  of  said  town  to  meet  at  some  suitable  place 
in  said  town  on  the  second  Tuesday  of  December  next,  and 
when  met  to  choose  all  such  town  officers  as  the  other  towns 
in  this  Colony  by  law  have  right  to  clioose  and  appoint. 

On  the  memorial  of  Samuel  Wardwell,  David  Wardwell, 

Rafe  Wardwell,  Return  Powers  (widow,)  Ebenezer  Rockwell 

junf  and  Martha  his  wife,  and  Zebulon  Cross  and  Mary  his 

wife,  and  Abigail  Wardwell,  the  only  children  and  heirs  of 

26 


202  PUBLIC    RECORDS  [Oct. 

Samuel  Wardwell  late  of  the  town  of  Somers  in  the  county  of 
Hartford,  deceased,  representing  that  the  said  Samuel,  de- 
ceased, just  before  his  death,  viz:  on  the  12th  of  March  1756, 
made  and  executed  three  certain  deeds  of  gift  to  his  said  sons 
Samuel,  David  and  Rafe,  of  certain  pieces  of  land  in  said 
deeds  mentioned  and  described,  for  their  advancement  and 
[138]  by  way  of  settlement  of  his  ||  estate,  which  deeds  were 
dated  the  same  12th  day  of  March  1756,  and  were  well  exe- 
cuted by  said  deceased  and  attested  by  three  witnesses  there- 
unto subscribing,  but  that  it  so  happened  that  no  opportunity 
was  had  to  acknowledge  said  deeds  before' the  death  of  the  said 
grantor,  there  being  no  authority  then  in  said  town ;  praying 
that  said  deeds  may  nevertheless  be  recorded  in  the  town- 
clerk's  office  in  said  Somers,  and  thereupon  be  severally 
deemed  and  accounted  full  and  compleat  evidence  of  the 
transfer  of  the  title  of  said  lands  therein  severally  granted 
&c.,  the  same  being  made  bona  fide  and  all  parties  concern'd 
agreeing  thereunto,  as  by  said  memorial  on  file  appears :  Re- 
solved by  this  Assembly,  that  the  said  several  deeds  in  said 
memorial  mentioned  and  referred  to  shall  and  may  (with  a 
copy  of  this  act)  be  recorded  in  the  town-clerk's  book  in  said 
Somers,  and  that  the  same,  or  the  exemplification  thereof, 
shall  and  may  severally  be  deemed  and  accounted  full  and 
compleat  evidence  of  the  transfer  and  conveying  the  title  to 
said  lands  therein  severally  described,  granted  and  conveyed, 
and  in  the  same  manner  to  all  intents  and  purposes  as  if  the 
same  had  been  duly  acknowledged  according  to  law. 

Upon  the  memorial  of  Sarah  Walters,  administratrix  on 
the  estate  of  James  Walters  late  of  Norwich  in  New  London 
county,  deceased,  shewing  to  this  Assem1i)ly  that  since  the 
resolve  of  this  Assembly  at  their  sessions  in  October  last 
impowering  Mr.  David  Hough  of  said  Norwich  to  sell  of  the 
real  estate  of  the  said  deceased  so  much  as  to  enable  the  said 
administratrix  to  pay  the  sum  of  £27  Is.  Qld.  then  found  to 
be  due  from  the  estate  of  the  said  deceased,  there  is  since 
debts  &c.  found  to  be  due  from  said  estate  not  before  allowed 
the  sum  of  X18  19s.  lie?.,  and  praying  this  Assembly  to 
impower  the  said  Mr.  David  Hough  to  sell  so  much  more  of 
the  said  real  estate  as  to  enable  the  memorialist  to  pay  the 
said  sum  of  X18  19.s.  lie?,  and  the  incident  charges  arising  on 
such  sale :  Resolved  by  this  Assembly,  that  the  said  David 
Hough  be  impowered,  and  he  is  hereby  impowered,  to  sell  so 
much  more  of  the  real  estate  of  the  said  deceased  as  to 
enable  the  said  administrator  to  pay  the  said  sum  of  XI 8  19.s-. 
lie?,  and  the  incident  charges  arising  on  such  sale ;  he  taking 


1758.]  OP    CONNECTICUT.  203 

the  direction  of  the  court  of  probate  in  the  district  of  Nor- 
wich therein. 

Upon  the  petition,  Amos  Judd  &c.  (of  Farmington  in  the 
county  of  Hartford,)  children  and  heirs  to  Mr.  Anthony  Judd 
late  of  said  Farmington,  deceased,  representing  to  this  As- 
sembly that  in  the  year  IT-'^S,  one  Samuel  Bird,  of  said 
Farmington,  brought  his  action  of  disseizin  against  one  Abra- 
ham Pierson  of  said  Farmington,  demanding  the  seizin  and  pos- 
session of  al)Out  six  acres  of  land  in  said  Farmington,  with  the 
appurtenances  &c.,  which  action  came  to  a  final  tryal  at  the 
adjourned  superior  court  held  at  Hartford  in  and  for  said 
county  on  the  fourth  Tuesday  of  December  1756,  at  which 
final  tryal  judgment  was  rendered  in  said  cause  in  favour  of 
said  Bird  against  said  Person,  on  a  demurrer  to  the  declara- 
tion, that  the  said  Bird  should  recover  said  land  sued  for  with 
c£50  Os.  0(1  damages  and  cost,  and  that  said  judgment  was 
soon  after  put  into  execution ;  and  further  representing  that 
said  Personj3urchased  said  land  of  your  petitioner's  said  father, 
Mr.  Anthony  Judd,  with  covenant  of  warrantee  &c.,  and  that 
said  Peirson  in  the  year  1757,  brought  his  action  against  said 
Amos  &c.  on  said  covenant,  which  action  came  to  a  final 
tryal  at  the  superior  court  held  at  Hartford  in  and  for  said 
county  on  the  fir^t  Tuesday  of  September  last,  when  and 
where  said  Pierson  recovered  judgment  in  said  cause  for  .£141 
7s.  Od.  damages  and  a  large  bill  of  cost ;  praying  that  this 
Assem])ly  would  reverse  and  set  aside  said  judgment  by  said 
[139]  Bird  recovered  against  ||  said  Pierson  and  grant 
another  tryal  of  said  cause  at  the  superior  court  to  be  holden 
at  Hartford  in  said  county  on  the  first  Tuesday  of  March 
next,  and  that  the  petitioner  have  liberty  to  prosecute  said 
action  in  the  name  of  said  Pierson  at  said  next  superior  court, 
on  the  petitioner's  giving  security  to  said  Person  to  pay  all 
future  cost  that  may  arise  in  said  action :  Resolved  by  this 
Assembly,  that  the  said  judgment  by  said  Bird  recovered 
against  said  Pierson  in  the  year  1756,  with  all  the  doings  and 
proceedings  thereon  be  set  aside  and  be  null  and  void,  and 
that  another  tryal  of  said  cause  is  granted,  to  be  tryed  at  the 
superior  court  to  be  held  at  Hartford  in  said  county  on  the 
first  Tuesday  of  March  next,  and  the  petitioner  have  liberty  to 
prosecute  said  action  in  the  name  of  said  Pierson  at  said  court, 
they,  said  petitioners,  giving  security  to  said  Pierson  (to  the 
acceptance  of  said  superior  court)  to  pay  all  future  cost 
that  shall  arise  in  said  action  by  means  of  said  new  tryal ; 
and  the  future  cost  only  to  follow  said  final  judgment. 

On  the  petition  of  Amos  Judd,  of  Farmington  in  Hartford 


204  PUBLIC    RECORDS  [Oct. 

county,  to  the  General  Assembly  held  at  Hartford  in  May  last 
and  from  thence  continued  to  this  sessions,  shewing  that 
Samuel  Bird  of  Farmington  brought  his  action  against  your 
petitioner  to  Hartford  adjourned  county  court,  July  first 
Tuesday  1757,  therein  demanding  the  surrendry  of  about 
thirty  acres  of  land  lying  in  Farmington  aforesaid,  which  he 
claimed  by  devise  of  Nathaniel  Bird,  deceased,  which  action 
came  to  final  judgment  at  Hartford  superior  court  March 
term  1758,  when  and  where,  on  plea  of  not  guilty,  verdict  and 
judgment  was  had  and  rendered  in  favour  of  the  said  Bird 
for  surrendry  of  the  said  demanded  lands  &c. ;  further  shew- 
ing that  on  said  tryal  it  did  appear  that  by  the  last  will  of  the 
said  Nathaniel  that  his  wife  Sarah  Bird  was  made  executrix 
of  said  will,  and  therein  it  was  directed  that  in  case  his,  said 
NaMianiel's,  moveables  over  and  above  what  he  had  therein 
given  the  said  Sarah  should  not  be  sufficient  to  pay  his  debts 
&c.  that  then  she  should  sell  his  out-lands  Ac,  and  that 
said  Sarah  did  sell  said  out-lands  to  Deacon  Anthony  Judd, 
your  peticioner's  father,  from  whom  said  lands  came  to  your 
petitioner,  and  that  it  was  conceded  that  in  case  said  lands  had 
not  been  sold  by  the  said  Sarah  they  would  have  belonged  to 
the  said  Samuel  Bird;  so  that  the  question  on  said  tryal  was 
the  right  of  said  Sarah  to  sell  said  land  to  pay  the  debts  (fee. 
and  that,  in  order  to  evince  the  said  Sarah's  right  to  sell  said 
lands,  your  petitioner  produced  in  evidence  a  certain  list  of 
debts  wliich  said  executrix  had  made  and  attested  cfec.  amount- 
ing to  about  sixty  pounds,  as  paid  by  said  executrix  as  due 
from  the  estate  of  the  said  Nathaniel,  Imt  that  said  list  of 
debts  ought  not  to  be  allowed  as  evidence  of  payment  as  the 
same  had  not  been  allowed  and  passed  by  the  court  of  pro- 
bate was  objected  to  by  the  said  Samuel,  which  olijection  took 
place  on  said  tryal,  whereby  your  petitioner  lost  said  land  and 
is  also  exposed  to  lose  other  parcels  of  land  comprehended  in 
the  sale  of  the  said  Sarah.  Also  further  shewing,  that  if  said 
list  of  debts  should  appear  to  be  true  and  genuine,  and  that 
said  debts  were  truly  paid,  that  then  those  who  purchased  of 
her  on  that  foundation  ought  to  have  the  benefit  thereof  &c. 
Thereupon  praying  the  Assembly,  either  by  themselves  or  by 
a  committee  by  them  appointed,  to  examine  into  the  truth  of 
said  del)ts  &c.  and  if  the  same  be  found  to  have  been  really 
paid  and  justly  charged  by  said  executrix,  to  allow  the  same 
and  grant  liberty  to  have  the  same  entered  on  the  records  of 
said  court  of  probate,  that  the  same  might  be  exhibited  as 
good  evidence  on  any  future  occasion  cfec,  and  that  said 
judgment  recovered  might  be  set  aside  and  another  tryal 
[140]  granted  (fee. :     On  which  this  Assembly  at  their  ||  ses- 


1758.]  OP    CONNECTICUT.  205 

sions  in  May  last  appointed  Thomas  Wells,  Hezekiah  Brain- 
ard  and  Jonathan  Hills,  Esq''^,  a  committee  to  examine  said 
debts  charged  by  said  executrix,  to  find  out  the  truth  and 
justness  of  the  same  &c.  and  thereon  to  make  report  to  this 
Assembly,  and  in  pursuance  thereof  said  committee  met, 
notified  the  parties,  them  fully  heard,  and  examined  all 
evidences  relative  thereto,  found  and  reported  to  this  Assem- 
bly that  the  several  articles  of  said  account  as  charged  by 
said  executrix  are  justly  and  truly  charged,  except  the  said 
article  of  XIO  for  settling  said  estate;  an  exact  list  of  which 
debts  hj  them  approved  and  allowed  was  by  them  made  out 
and  specified  in  said  committee's  report  to  this  Assembly: 
Whereupon  it  is  resolved  by  this  Assembly,  that  the  said 
report  of  said  committee  be  and  the  same  is  hereby  accepted 
and  approved,  and  the  petitioner  is  hereby  allowed  to  ^^ve 
the  account  of  said  debts  referred  to  and  approved  by  said 
report  entered  on  the  records  of  the  court  of  probate  for  the 
district  of  Hartford  for  and  to  the  purpose  prayed  for,  and  that 
copies  of  the  same  from  thence  be  received  as  evidejxce  on  any 
future  tryal  as  fully  as  if  the  same  had  been  received,  approved 
and  entered  by  said  court  of  probate  in  the  day  thereof. 
And  also  liberty  is  hereby  granted  to  the  petitioner  to  have 
another  tryal  of  sa.id  cause  at  the  superior  court  held  at 
Hartford  in  and  for  the  county  of  Hartford  on  the  first  Tues- 
day of  March  next,  and  that  in  case  judgment  should  then  l^e 
rendered  in  favour  of  the  petitioner,  that  said  superior  court 
be  and  they  are  hereby  enabled  and  directed  to  award  back 
the  cost  and  damages  that  the  said  Bird  hath  recovered  from 
the  petitioner  and  that  the  petitioner  hath  paid  and  suffered  by 
and  in  consequence  of  said  last  judgment  in  said  cause  ;  and 
that  all  cost  follow  the  final  judgment  in  said  cause. 

Upon  the  petition  of  William  Vanderburgh,  of  Pekepsey  in 
the  county  of  Dutchess  in  the  Province  of  New  York,  repre- 
senting that  having  brought  his  action  upon  note  of  hand 
against  Samuel  Dunham,  of  Sharon  in  the  county  of  Litch- 
field, to  the  county  court  in  Litchfield  county  on  the  4th 
Tuesday  of  September  1757,  demanding  forty-eight  pounds 
five  shillings,  which  came  to  a  final  tryal  at  the  county  court 
held  in  Litchfield  on  the  fourth  Tuesday  in  April  1758,  at 
which  tryal  upon  issue  of  the  defendant's  having  made  full 
payment,  the  jury,  misconceiving  their  evidence  &c.,  brought 
in  their  verdict  that  the  defendant  had  made  full  payment  of 
said  note,  and  that  the  court  gave  judgment  accordingly, 
whereby  he  was  wronged  ;  praying  that  said  judgment  of  said 
county  court  in  April  1T.">8,  should  be  reversed,  as    by  the 


206  PUBLIC    RECORDS  [Oct. 

petition  on  file  appears:  Resolved  by  this  Assembly,  that  the 
petitioner  have  liberty  of  another  trial  of  said  case  at  the 
county  court  to  be  held  at  said  Litchfield  on  the  fourth 
Tuesday  of  April  next,  and  that  all  the  cost  from  the  begin- 
ning follow  said  tryal. 

On  the  memorial  of  Sarah  Morley,  administratrix  on  the 
estate  of  John  Morley  late  of  Glassenliury,  deceased,  shewing 
to  this  Assembly  that  the  debts  due  from  [the]  estate  of  the 
said  deceased  surmount  the  moveable  estate  the  sum  of  eight 
pounds  fifteen  shillings  and  ten  pence  three  farthings ;  pray- 
ing for  liberty  that  some  suitable  jierson  be  appointed  to  sell 
so  much  of  real  estate  of  said  deceased  as  to  make  said  sum 
oi  £8  15s.  lOfd:  Resolved  by  this  Assembly,  that  the  said 
Sarah  Morley  be  appointed  and  she  is  hereby  appointed,  to 
sell  so  much  of  the  real  estate  of  the  said  deceased  as  to 
make  said  sum  with  the  incident  charges  arising  thereon  ; 
taking  the  advice  of  the  court  of  probate  for  the  district  of 
Hartford  therein. 

[141]  Upon  the  memorial  of  Daniel  Osborn  of  Fairfield, 
conservator  of  Thaddeus  Osborn  of  said  Fairfield,  represent- 
ing to  this  Assembly  that  tlie  said  Thaddeus  hath  been  for 
two  years  last  past  distracted  and  unable  to  provide  for 
himself  and  now  continues  under  the  same  circumstances, 
and  that  there  hath  been  expended  upon  him,  the  said  Thad- 
deus, during  said  term  for  his  support  &c.  over  and  above 
his  whole  personal  estate  the  sum  of  £25  18s.  8d.  lawful 
money ;  praying  that  the  selectmen  of  said  Fairfield,  or  some 
other  meet  persons,  may  be  appointed  to  make  sale  of  so 
much  of  the  real  estate  of  said  Thaddeus  as  shall  be  sufficient 
to  pay  and  satisfy  said  sum :  Resolved  by  this  Assembly,  that 
the  selectmen  of  said  Fairfield  be  impowered,  and  they  are 
hereby  impowered,  to  sell  so  much  of  the  real  estate  of  the 
said  Thaddeus  Osborn  as  shall  be  sufficient  to  pay  and  satisfy 
the  aforesaid  sum  of  X25  18s.  8d.  with  the  incident  charges 
arising  on  such  sale. 

Upon  the  memorial  of  Josiah  Curtis  of  Stratford,  shewing 
that  the  memorialist  being  keeper  of  Stratford  ferry  did  carry 
over  said  ferry  soldiers  on  their  march  who  claimed  the 
priviledge  of  passing  ferriage  free,  for  which  the  memorialist 
received  nothing  for  such  his  labour,  viz :  of  the  soldiers  of 
this  Colony  one  hundred  and  ninety-two  that  went  to  No.  4  in 
the  year  1757,  and  of  the  regulars  of  Col.  Frasier's  regi- 
ment to  the  number  of  320  in  March  last ;  praying  this  As- 
sembly to  grant  to  the  memorialist  out  of  the  public  treasury 
of  this  Colony  the  sum  of  the  ferriage  of  said  soldiers  &c.,  as 


1758.]  OF    CONNECTICUT.  '     207 

by  his  memorial  on  file :  Resolved  by  this  Assembly,  that  the 
memorialist  shall  have  paid  to  him  out  of  the  public  treasury 
of  this  Cclony  the  sum  of  £1  Is.  4tZ.  lawful  money  for  his 
service  in  transporting  said  soldiers  across  his  said  ferry; 
and  the  Treasurer  of  this  Colony  is  hereby  ordered  to  pay  the 
same  to  him  accordingly. 

On  the  petition  of  Jedidiah  Frink,  of  Voluntown  in  the 
county  of  Windham,  vs.  Nathaniel  Backus  jun^  of  Norwich 
in  the  county  of  New  London,  on  file,  the  question  was  put, 
whether  the  prayer  of  said  petition  should  be  granted:  Re- 
solved by  this  Asseml^ly  in  the  negative.  Cost  allowed  re- 
spondent is  £2  9s.  2tf.  lawfid  money. 

On  the  petition  of  John  Gay,  of  Lebanon  in  the  county  of 
Windham,  vs.  Jonathan  Finney,  of  Kent  in  the  county  of 
Litchfield,  and  Phebe  his  wife,  which  is  on  file,  the  question 
was  put,  whether  the  petitioner  should  have  a  new  tryal,  as 
prayed  for :  Resolved  by  this  Assembly  in  the  negative.  Cost 
alhnved  respondents  is  £4  Os.  4:d.  Imvful  money.  Ex.  granted 
October  2>lst  1758. 

On  the  petition  of  Andrew  McKenzie,  of  New  London  in 
the  county  of  New  London,  vs.  John  Simpson,  of  Norwich  in 
the  county  aforesaid,  (late  of  said  New  London,)  dated 
August  29th  1758,  on  file,  the  question  was  put,  whether  the 
prayer  of  said  petition  should  be  granted :  Resolved  by  this 
Assembly  in  the  negative.  Cost  allowed  respondent  is  £2  Is. 
Sd.  laivful  money. 

On  the  petition  of  Andrew  McKenzie,  of  New  London  in 
the  county  of  New  London,  vs.  Joseph  Chew,  of  New  London 
aforesaid,  dated  October  5th  1758,  on  file,  the  question  was 
put,  whether  in  proceeding  to  and  rendering  the  judgment  of 
the  superior  court  referred  to  manifest  error  hath  intervened 
&c. :  Resolved  by  this  Assembly  in  the  negative.  Cost  al- 
lowed respondent  is  £1  lis.  8c?.  laivful  money.  Ex.  granted 
Oct.  'i\st  1758. 

On  the  petition  of  James  Ely,  of  Lyme  in  the  county  of 
New  London,  vs.  Richard  Lord  of  Lyme  aforesaid,  dated  May 
27th  1758,  on  file,  the  question  was  put,  whether  the  pleas 
offered  on  the  part  of  the  respondent  in  abatement  of  said 
petition  are  sufficient  to  abate  the  same:  Resolved  by  this 
Assembly  in  the  affirmative.  Cost  allowed  respondent  is  <£1 
8s.  10c?.  laivful  money.  Ex.  granted  Oct.  ^Ist  1758. 
[  142  ]  On  the  petition  of  Samuel  Darling,  of  New  Haven  in 
the  county  of  New  Haven,  vs.  John  Sherman,  of  Rye  in  the 
county  of  West  Chester  in  the  Province  of  New  York,  dated 


208     ■  PUBLIC    EECORDS  [Oct. 

September  28th  1758,  on  file,  the  question  was  put,  whether 
the  pleas  offered  by  the  respondent  in  abatement  of  said 
petition  are  sufficient  to  abate  the  same:  Resolved  by  this 
Assembly  in  the  affirmative.  Cost  allowed  respondent  is  £1 
Is.  6d.    lawful  money. 

On  the  petition  of  Justus  Bush,  of  Greenwich  in  the  county 
of  Fairfield,  vs.  Gilbert  Miller,  of  Rye  in  the  county  of  West 
Chester  in  the  Province  of  New  York,  dated  September  20th 
1758,  on  file,  the  question  was  put,  whether  the  petitioner 
shall  have  liberty  of  a  new  tryal,  as  prayed  for:  Resolved  by 
this  Assembly  in  the  negative. 

Whereas  Matthew  Griswold,  Esqf,  King's  attorney  for  the 
county  of  New  London,  to  Daniel  Coit,  Esq"",  one  of  his 
Majesty's  justices  of  the  peace  for  said  country,  complained 
and  gave  information  against  one  James  Haney  of  said  New 
London,  representing  that  on  the  8th  day  of  March  last,  at 
Port  Luce  at  the  island  of  Jamaica  in  the  West  Indies,  he,  the 
said  James  Haney,  did  with  force  and  arms  make  an  assault 
on  the  body  of  one  Patrick  Ward  of  said  New  London,  then 
and  there  at  said  Port  Luce  in  the  peace  of  God  and  the  King 
being,  and  him,  the  said  Patrick  Ward,  with  a  gun  laden  with 
powder  and  shot  shot  thro'  the  head  and  him  thereby  so 
mortally  wounded  as  that  he  thereupon  instantly  dyed  at 
said  Jamaica;  all  against  the  peace  of  our  lord  the  King  <fec., 
and  thereupon  praying  he,  said  Haney,  might  be  apprehended 
and  caused  to  appear  before  this  Assembly:  And  whereas 
said  James  Haney  being  accordingly  arrested  and  had  before 
said  justice  was  by  him,  said  Daniel  Coit,  Esq'',  on  due  ex- 
amination had  bound  with  sureties  for  his  appearance  before 
this  Assembly,  to  attend  and  abide  the  order  of  this  Assem- 
bly thereon  to  be  given,  as  on  file  appears :  And  whereas  the 
said  James  Haney  appeared  according  to  his  said  recognizance, 
and  many  evidences  touching  the  matters  of  said  complaint 
being  exhibited,  it  thereby  appeared  to  this  Assembly  that  said 
Haney  and  said  Ward  were  (at  the  time  of  doing  said  facts, 
or  when  they  are  alledged  to  have  been  done,)  both  belong- 
ing and  subject  to  the  rules  and  orders  of  a  certain  English 
privateer  sloop,  then  lying  at  anchor  in  harbour  at  said  Port 
Luce,  and  said  Haney  then  on  board ;  that  said  Patrick  Ward 
with  sundry  others  of  said  crew  had  then  at  the  same  time  in 
a  mutinous  and  disorderly  manner  gotten  into  and  taken 
possession  of  said  shjop's  boat,  and  the  same  having  cut  loose 
were  gotten  some  small  distance  and  about  to  desert  and  run 
away  therewith  from  said  service,  there  at  the  same  time 
beino;  much  mutinous  and  dangerous  behaviour  among  some 


1758.]  OF    CONNECTICUT.  209 

of  them  that  remained  on  board  said  sloop  ;  that  the  discharge 
of  the  gun  by  which  said  Ward  was  killed  appears  to  have 
been  by  or  on  request  of  a  centry  set  and  appointed  a})oard 
said  sloop  for  prevention  or  suppression  of  outrages  and  dis- 
orders, and  was  to  such  purpose  fired  upon  or  into  said  l^oat 
to  compel  their  return  to  duty  and  prevent  their  running 
away  as  abovesaid,  and  with  no  other  purpose  or  design  :  And 
thereupon,  being  of  ojtinion  that  neither  this  Assembly  nor 
any  court  of  judicature  in  this  Colony  have  in  any  wise  juris- 
diction or  further  cognizance  of  the  premises,  it  is  thereupon 

f  resolved  and  ordered  by  this  Assembly,  that  he,  the  said 
James  Haney,  pay  and  answer  the  full  cost  and  charge  of  his 
prosecution,  allowed  to  be   =£9  19s.   '^\d.^  and  be  thereupon 

.  from  his  said  bond  fully  discharged. 

[  143  ]  This  Assembly  do  appoint  Capt.  Ezekiel  Pierce  to  be 
Major  of  the  eleventh  regiment  in  this  Colony. 

Tills  Assembly  do  estaV)lish  Mr.  Joseph  Mather  to  l)e  Cap- 
tain of  the  1st  company  or  trainband  in  the  town  of  Lyme. 

This  Assembly  do  establish  Mr.  John  Sill  to  be  Lieutenant 
of  the  1st  company  or  trainliand  in  the  town  of  Lyme. 

This  Assembly  do  establish  Mr.  John  Peck  to  be  Ensign 
of  the  1st  company  or  trainband  in  the  town  of  Lyme. 

Tliis  Assembly  do  establish  Mr.  Joseph  Palmer  to  be  Cap- 
tain of  the  6th  company  or  trainband  in  the  town  of  Ston- 
ington. 

This  Assem])ly  do  establish  Mr.  Samuel  Brown  to  be  Lieu- 
tenant of  the  6tli  company  or  trainl)and  in  the  town  of  Ston- 
ington. 

This  Assembly  do  establish  Mr.  Gershom  Palmer  to  be 
Ensign  of  the  6th  company  or  trainband  in  the  town  of 
Stonington. 

This  Assembly  do  estalJish  Mr.  Thomas  Noble  to  be 
Lieutenant  of  the  2d  company  or  trainband  in  the  town  of 
New  Milford. 

This  Assembly  do  establish  Mr.  Jehiel  Hawley  to  be 
Ensign  of  the  2d  company  or  trainband  in  the  town  of  New 
Milford. 

This  Assembly  do  estal)lisli  Mr.  William  Sanmel  Johnson 
to  be  Ca])tain  of  the  1st  company  or  trainband  in  the  town  of 
Stratford. 

This  Assemlily  do  establish  Mr.  Agur  Tonilinson  to  be 
Lieutenant  of  the  1st  company  or  trainl)and  in  the  town  of 
Stratford. 

This  Asseml)ly  do  establish  Mr.  Abijah  Beach  to  be  Ensign 
of  the  1st  company  or  trainband  in  the  town  of  Stratford. 

27 


210  PUBLIC    RECORDS  [Oct. 

This  Assembly  do  establish  Mr.  Daniel  Denison  to  be 
Lieutenant  of  the  5tli  company  or  trainband  in  the  town  of 
Stonington. 

This  Assembly  do  establish  Mr.  Gershom  Hubell  to  be  Cap- 
tain of  the  company  or  trainband  in  the  northern  parts  of 
Stratfield  and  North  Stratford  parishes. 

This  Assembly  do  establish  Mr.  Wait  Hinman  to  he  Cap- 
tain of  the  south  company  or  trainband  in  the  town  of  Wood- 
bury. 

•  This  Assembly  do  estalilish  Mr.  Ephraim  Sanford  to  be 
Captain  of  the  western  company  or  trainband  in  the  parish  of 
Redding. 

This  Assembly  do  establish  Mr.  Samuel  Barns  to  be  Lieu- 
tenant of  the  3d  company  or  trainband  in  the  town  of  East 
Haddani. 

This  Assembly  do  establish  Mr.  Joseph  Cone  to  be  Ensign 
of  the  3d  company  or  trainband  in  the  town  of  East  Haddam. 

This  Assembly  do  establish  Mr.  Andrew  Southworth  to  be 
Lieutenant  of  the  l-lth  company  or  trainband  in  the  7th  regi- 
ment in  this  Colony. 

This  Assembly  do  establish  Mr.  Gideon  Waterhouse  to  be 
Ensign  of  the  13th  company  or  trainband  in  the  7th  regiment 
in  this  Colony. 

This  Asseml)ly  do  estaljlish  Mr.  El)enezer  McCaul  to  be 
Ensign  of  the  company  or  trainband  in  the  parish  of  Marie- 
borough. 

This  Assembly  do  establish  Mr.  Amos  Morriss  to  l)e  Cap- 
tain of  the  3d  company  or  trainband  in  the  town  of  New 
Haven. 

This  Assembly  do  establish  Mr.  Elijah  Backus  to  be  Cap- 
tain of  the  2d  company  or  trainband  in  the  town  of  Norwich. 

This  Assembly  do  establish  Mr.  John  Abel  to  be  Lieu- 
tenant of  the  2d  company  or  trainband  in  the  town  of 
Norwich. 

This  Assembly  do  establish  Mr.  Samuel  Gilford  to  l)e 
Ensign  of  the  2d  company  or  trainband  in  the  town  of  Noi- 
wich. 

This  Assemltly  do  esta1)lish  Mr.  Joseph  Williams  jun'  to  be 
Captain  of  the  r)th  company  or  trainband  in  the  town  of 
Norwich. 

This  Assembly  do  establish  Mr.  Zebadiah  Andrus  to  be 
Lieutenant  of  the  5th  company  or  trainband  in  the  town  of 
Norwich. 

This  Assembly  do  establish  Mr.  Elijah  Bruester  to  be  En- 
sign of  the  5th  company  or  trainband  in  the  town  of  Norwich. 
[144]     This  Assembly  do  establish  Mr.  Ephraim  Woodward 


1758.]  OF    CONNECTICUT.  211 

to  be  Lieutenant  of  the  5th  company  or  trainband  in  the  11th 
regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Peter  Adams  to  he  Ensign 
of  the  5th  company  or  trainband  in  the  11th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Bbenezer  Holbrook  to  be 
Captain  of  the  10th  company  or  trainband  in  the  11th  regi- 
ment in  this  Colony. 

This  Assembly  do  establish  Mr.  Joshua  Grosvenor  to  be 
Lieutenant  of  the  10th  company  or  trainband  in  the  11th 
regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Samuel  Sumner  to  be  En- 
sign of  the  10th  company  or  trainband  in  the  11th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Josiah  Bissel  to  l)e  Cap- 
tain of  the  2d  company  or  trainband  in  the  town  of  Windsor. 

This  Assembly  do  establish  Mr.  Charles  Hazelton  to  be 
Cornet  of  the  troop  of  horse  in  the  7th  regiment  in  this 
Colony.  • 

This  Assembly  do  establish  Mr.  Azariah  Mather  to  be 
Quarter-Master  of  the  troop  of  horse  in  the  7th  regiment  in 
this  Colony. 

This  Assembly  grants  to  his  Honour  the  Governor  the  sum 
of  sixty-six  pounds  lawful  money,  for  his  salary  for  the  last 
half  of  the  current  year,  and  the  Treasurer  is  ordered  to  pay 
the  same  accordingly. 

This  Assembly  grants  to  his  Honour  the  Deputy  Governor 
the  sum  of  thirty-three  pounds  lawful  money,  for  his  salary 
for  the  last  half  of  the  current  year,  and  the  Treasurer  is 
ordered  to  pay  the  same  accordingly. 

This  Assembly  grants  to  his  Honour  the  Governor  the  sum 
of  thirty -four  pounds  lawful  money,  for  his  extraordinary  ser- 
vices since  May  last,  and  the  Treasurer  is  ordered  to  pay  the 
same  accordingly. 

His  Honour  the  Governor  having  now  laid  before  this  As- 
sembly his  account  of  the  use  and  improvement  (for  the 
service  of  this  Colony)  of  thirty  pounds  put  into  his  hands  in 
February  1756,  for  the  purpose  aforesaid,  by  which  it  appears 
there  is  a  balance  due  to  him  of  £2  6s.  6d. :  It  is  now  resolved 
and  ordered,  that  the  Treasurer  of  this  Colony  pay  the  afore- 
said balance  to  his  Honour  the  Governor,  and  also  deliver  to 
him  or  his  order  a  further  sum  of  twenty  pounds  lawful  money, 
to  be  by  him  used  and  improved  for  the  use  and  service  of 
this  Colony  as  emergencies  may  require. 

This  Assembly  grants  to  Mr.  Timothy  Green  the  sum  of 


212  PUBLIC    RECORDS  [Feb. 

eighteen  pounds  nine  shillings  and  one  penny,  in  full  for  his 
salary  and  printing  for  the  Colony  the  last  half-year  and  for 
certain  other  charges,  as  per  his  account  now  exhibited,  to  be 
paid  him  out  of  the  public  treasury. 

On  the  petition  or  memorial  of  Benjamin  Allyn,  of  Windsor 
in  the  county  of  Hartford,  vs.  Joseph  Talcott  of  Hartford, 
Esq"",  Treasurer  of  the  Colony  of  Coiniecticut,  as  on  file,  the 
question  was  put,  whether  the  prayer  of  the  same  should  be 
granted :  Resolved  by  this  Assembly  in  the  negative.  Cost 
allowed  respondent  is  £1  13s.  Qd.  lawful  money.  Ex.  granted 
Nov.  21th  1758. 

Cost  allowed  to  David  Cook  jun'',  of  Wallingford  in  the 
county  of  New  Haven,  for  his  attendance  <fec.  to  answer  the 
petition  of  Timothy  Jones,  of  New  Haven  in  the  county  of 
New  Haven,  preferred  to  this  Assembly  and  by  the  petitioner 
withdrawn,  is  £1  9.s.  lOc^.  lawful  money. 

Cost  allowed  to  Thomas  Hill  of  Fairfield,  Esq"",  sheriff  of 
the  county  of  FairfieUl,  for  his  attendance  &c.  to  answer  the 
petition  of  John  Ray  of  the  City  and  Province  of  New  York, 
preferred  to  this  Assembly  and  by  the  petitioner  withdrawn, 
is  j£l  6s.  lid.  lawful  money.  Mr.  (/ranted  Oct.  SOth  1758. 
Teste  George   Wyllys  Secret'y. 


[146]  Anno  Regni  Regis  Qeorgii  secundi  trigeslmo-secundo. 

At  a  General  Assembly  op  the  Governor  and  Company  of 
HIS  Majesty's  English  Colony  of  Connecticut  in  New 
England  in  America  holden  at  New  Haven  (by  special 

ORDER  of  the  GOVERNOR  OF  SAID    CoLONY)  ON   THE.  SEVENTH 

OP  February,  annoque  Domini  1759. 

Present  : 

The  Honourable  Thomas  Fitch,  Esq'',  Governor. 

The  Hon'''*'  William  Pitkin,  Esq^,  Deputy  Governor. 
Roger  Newton,  Thomas  Wells, 

Ebenezer  Silliman,         Benjamin  Hall, 
Jonathan  Trumble,        Phineas  Lyman, 
Hezekiah  Huntington,  Roger  Wolcott,  Jun^ 
Andrew  Burr,  Daniel  Edwards, 

John  Chester,  Jabez  Hamlin, 

Representatives  or  Deputies  of  the   several    Tuivns  hereafter 

ment'umed  who  attended  at  this  Assembly,  viz: 
Col.  Joseph  Pi  (kin,  Mr.  John  Ledyard.  for  Hartford. 
Col.  John  Hubbard,  Mi-.  John  Whiting,  for  New  Haven. 


irs 


Esq--  , 
f       Assistants. 


1759.]  OF    CONNECTICUT.  213 

Mr.  David  Gardner,  Mr.  William  Hillhouse,  for  New  London. 

Mr.  David  Rowland,  Mr.  William  Burr,  for  Fairfield. 

Mr.  Nathaniel  Wales,  Mr.  Samuel  Gray,  for  Windham. 

Col.  Ebenezer  Marsh,  Capt.  Elisha  Sheldon,  for  Litchfield. 

Capt.  Jabez  Huntington,  for  Norwich. 

Col.  Elizur  Goodrich,  Mr.  Hezekiah  May,  for  Weathersfield. 

Col.  Shubael  Conant,  Mr.  William  Hall,  for  Mansfield. 

Col.  Elihu  Chauncey,  Mr.  John  Camj),  for  Durham. 

Ca])t.  Hezekiah  Whittlesey,  Capt.  John  Murdock,  for  Say- 
brook. 

Capt.  Macock  Ward,  Mr.  Enos  Brooks,  for  Wallingsford. 

Col.  John  Dyer,  Capt.  Benjamin  Pierce,  for  Canterbury. 

Mr.  John  Clap,  Mr.  Nathaniel  Sacket,  for  Greenwich. 

Mr.  Erastus  Wolcott,  for  Windsor. 

Col.  Hezekiah  Sabin,  Capt.  Samuel  Danielson,  for  Killingsly. 

Mr.  Samuel  Kimberly,  Mr.  John  Wells,  for  Glassenbury. 

Mr.  James  Pitch,  for  Norwalk. 

Mr.  Jonathan  Kilborn,  Capt.  Elijali  Worthington,  for  Col- 
chester. 

Col.  David  Whitney,  Capt.  John  Bebee,  for  Canaan. 

Mr.  Joseph  Wilcockson,  Mr.  David  Phelps,  for  Symsbury. 

Mr.  Solomon  Whitman,  Mr.  Jeremiah  Curtis,  for  Farmington. 

Capt.  Theophilus  Nichols,  Mr.  Ichabod  Lewis,  for  Stratford. 

Capt.  Robert  Foot,  for  Branford. 

Mr.  Daniel  Sherman,  Mr.  Benjamin  Hickox,  for  Woodbury. 

Mr.  Samuel  Olmsted,  for  Ridgfield. 

Mr.  Christopher  Holmes,  for  East  Haddam. 

Mr.  Daniel  Aldin,  for  Stafford. 

Mr.  Ebenezer  Williams,  Mr.  Jonathan  Dresser,  for  Pomfret. 

Capt.  Isaac  Coit,  for  Plainfield. 

Mr.  Daniel  Booth,  Ca})t.  Henry  Glover,  for  Newtown. 

Mr.  Comfort  Starr,  for  Danbury. 

Mr.  Robert  Dixon,  Mr.  John  Smith,  for  Voluntown. 

Capt.  John  Williams,  Mr.  John  Pardee,  for  Sharon. 

[147]  Mr.  Steplien  Heaton,  Mr.  Gideon  Thompson,  for 
Goshen. 

Mr.  Roger  Sherman,  Mr.  Jehiel  Hawley,  for  New  Milford. 

Mr.  John  Phelps,  for  Hebron. 

Mr.  Josiah  Stoddard,  for  Salisbury. 

Mr.  Seth  Wetmore,  Capt.  Matthew  Talcott,  for  Middleton. 

Capt.  Benjamin  Kent,  for  Suffield. 

Capt.  Elnathan  Stephens,  Capt.  Tlieophilus  Morgan,  for  Kil- 
lingworth. 

Mr.  Zebulon  West,  Capt.  Joshua  Wills,  for  Tolland. 

Mr.  Joseph  Wells,  for  Haddam. 


214  PUBLIC    RECORDS  [Feb. 

Mr.  Everit  Smith,  Capt.  Benjamin  Somner,  for  Ashford. 

for  New  Hartford. 

Mr.  Jabez  Swift,  for  Kent. 

Capt.  Ebenezer  Kingsbury,  for  Coventry, 

Mr.  Isaac  Johnson,  Col.  Thomas  Chandler,  for  Woodstock. 

Capt.  Thomas  Pitkin,  Capt.  Benjamin  Talcott,  for  Bolton. 

Capt.  Samuel  Basset,  Capt.  Abel  Gun,  for  Derby. 

Capt  Joshua  West,  Mr.  William  Williams,  for  Lebanon. 

Mr.  Simeon  Minor,  Capt.  Joseph  Dennison,  for  Stonington. 

Major  Edward  Allen,  Mr.  Ephraim  Strong,  for  Milford. 

Col.  Timothy  Stone,  Mr.  Samuel  Robinson,  for  Guilford. 

Capt.  Timothy  Judd,  Mr.  Stephen  Hopkins,  for  Waterbury. 

Capt.  William  Witter,  Mr.  John  Tyler,  for  Preston. 

Mr.  Jonathan  Dibble,  Mr.  Charles  Webb,  for  Stanford. 

Mr.  Edward  Collins,  for  Enfield. 

Mr.  Uriah  Rowland,  for  Lyme. 

Col.  Christopher  Avery,  for  Groton. 

for  Harwinton. 
Col.  Shubael  Conant,  Speaker    )  of  the  House  of  Repre- 
Capt.  Jabez  Huntington,  Clerk  )  sentatives. 

An  Act  to  provide  for  emitting'  Bills  of  Credit  and  for  laying  a  Fund  to 
sink  and  dischai'ge  the  Same. 

Whereas  this  Colony  have  paid  large  taxes  ever  since  the 
present  war  and  lately  have  paid  two  taxes,  one  to  discharge 
the  expences  of  the  last  campaign,  and  the  other  for  the  sink- 
ing and  discharging  of  the  bills  of  credit  emitted  in  March 
1755,  and  not  iii  a  capacity  to  supply  money  timely  for  raising 
forces  for  the  ensuing  campaign  :  Therefore, 

Be  it  enacted  hy  the  Governor,  Council  and  Representatives, 
in  Greneral  Court  assembled,  and  hy  the  authority  of  the  same, 
That  there  be  forthwith  imprinted  the  sum  of  twenty  thousand 
pounds  in  bills  of  credit  on  this  government,  equal  to  lawful 
money,  of  suitable  denominations  from  nine-pence  to  forty 
shillings  as  the  committee  herein  appointed  shall  direct,  and 
of  the  same  tenor  of  the  late  emissions  of  bills  of  credit  of 
this  Colony,  with  interest  at  live  per  cent,  per  anvmm  and 
payable  at  or  before  the  first  day  of  May  1763,  dated  the  day 
of  this  Assembly.  And  the  Hon'*'*^  William  Pitkin,  Esq^ 
John  Chester,  George  Wyllys  and  Joseph  Buckingliam,  Esq''% 
or  any  three  of  them,  are  appointed  for  the  purposes  afore- 
said, and  to  take  care  that  the  said  bills  be  printed  with  all 
convenient  speed,  and  to  sign  the  same  and  have  them  ready 
to  be  disposed  of  according  to  the  orders  of  this  Assembly. 
And  the  said  committee  shall  be  sworn  to  a  faithful  discharge 
of  their  trust. 

And  for  providing  and  establishing  an  ample  and  sufficient 


1759.]  OF    CONNECTICUT.  215 

fund  to  call  in,  sink  and  discharge  the  bills  aforesaid,  accord- 
ing to  the  act  of  Parliament  made  in  the  24th  year  of  his 
present  Majesty's  reign,  entitnled  An  act  to  regulate  and 
restrain  paper  bills  of  credit  in  his  Majesty's  Colonies  of 
Rhode  Island  and  Providence  Plantations,  Connecticut,  the 
Massachusets  Bay  and  New  Hampshire,  in  America,  and  to 
prevent  the  same  being  legal  tenders  in  payment  of  money, 

Be  it  enacted  hy  the  autliority  aforesaid,  That  a  tax  of  five 
pence  on  the  pound  be  and  is  hereby  ordered  to  be  levied  on 
all  tlie  polls  and  rateable  estate  in  this  Colony,  according  to 
the  list  thereof  to  be  brought  into  this  Assembly  in  October 
1761,  with  the  additions,  which  shall  be  collected  and  paid 
into  the  treasury  of  this  Colony  Ijy  the  last  day  of  December 
1762 ;  which  tax  may  be  discharged  by  paying  the  bills  emit- 
ted by  this  act,  or  lawful  money,  and  no  other  way  whatso- 
ever. And  the  Treasurer  is  herel)y  dii-ected  and  ordered  to 
send  out  his  warrants  accordingly. 

[  148  ]  Resolved  hy  'this  Assemhly,  That  the  colonel  or  chief 
officer  of  each  regiment  in  this  Colony  forthwith  demand  of 
the  captain  or  chief  officer  of  each  military  company  or  troop 
in  his  regiment  a  true  and  exact  roll  of  the  officers  and  sold- 
iers Ijelonging  to  said  company  or  troop,  and  also  a  list  or 
roll  of  all  within  the  limits  of  said  company  who  are  required 
to  bring  forth  their  arms  to  be  viewed  on  days  appointed  for 
viewing  arms,  from  sixteen  years  of  age  to  seventy,  which 
captain  or  chief  officer  shall  immediately  on  such  demand 
cause  the  clerk  of  his  company  to  make  up  a  compleat  roll  of 
all  such  as  are,  or  by  law  ought  to  be,  in  the  training-roll  of 
said  company,  and  a  list  or  roll  of  all  such  within  the  limits  of 
said  company  as  are  required  to  bring  forth  their  arms  to  ]>e 
viewed  as  aforesaid ;  which  rolls  being  attested  by  the  clerk 
shall  be  sent  to  the  colonel  demanding  the  same  as  soon  as 
may  be. 

A7id  it  is  further  resolved,  The  several  colonels  or  chief 
officers  of  said  regiments  shall  transmit  to  his  Honour  the 
Governor  an  account  of  the  number  of  men  in  each  company 
in  their  respective  regiments,  and  also  of  the  number  of  those 
within  the  limits  of  each  company  required  to  keep  arms,  as 
soon  as  they  shall  receive  the  same  as  aforesaid. 

An  Act  in  Addition  to  an  Act  entituled  An  Act  relating  to  Quarters  for 
his  Ma,iesty's  regular  Forces  in  tliis  Colony. 

Whereas  in  said  act  no  distinction  is  made  in  the  reward 
for  quartering  officers  and  soldiers,  it  is  now  resolved,  that 
in  lieu  of  the  three  pence  per  diem  mentioned  in  said  act, 
there  be  allowed  and  paid  out  of  the  treasury  of  this  Colony 
to  the  persons  on  whom  they  are  quartered,  as  a  reward  for 


216  PUBLIC    RECORDS  [Feb. 

quartering  each  commission-officer  under  the  degree  of  cap- 
tain, the  sum  of  six  shillings  per  week  during  the  time  they 
have  or  shall  billet  such  officer. 

Whereas  representations  are  made  to  this  Assembly  that 
many  of  the  soldiers  Ijelonging  to  the  troops  raised  by  this 
Colony  for  his  Majesty's  service  in  the  last  campaign  com- 
plain and  are  uneasy,  that  while  they  were  in  said  service 
they  purchased  sundry  articles  of  cloathing,  provisions  and 
other  necessaries,  of  the  sutlers  and  others  in  the  camps,  who 
took  advantage  of  their  necessities  to  ask  exorbitant  prices 
for  such  articles,  whereby  the  soldiers  are  injured  and  wronged : 
For  the  redress  of  which  matters  of  grievance,  and  that 
justice  may  be  done,  therefore, 

It  is  resolved  hy  this  Assemhly^  That  the  several  sutlers  and 
others,  who  were  concerned  in  supplying  the  soldiers  as  above 
mentioned,  be  and  they  are  hereby  notified  to  appear  (if  they 
see  cause)  before  the  General  Assembly  at  their  next  sessions, 
to  shew  reasons  why  their  accounts  should  not  be  examined 
and  in  some  proper  manner  adjusted  and  settled  before  the 
payment  thereof,  and  that  they  may  conform  to  such  orders  as 
may  be  given  thereon.  And  the  officers  of  the  respective 
companies  who  pay  the  soldiers  of  such  company  are  hereby 
directed  to  stop  in  their  hands  the  money  for  the  discharge  of 
each  man's  account  to  the  sutlers  until  the  several  accounts 
may  l^e  adjusted.  And  the  Secretary  of  this  Colony  is  directed 
forthwith  to  give  notice  of  this  act  to  the  several  sutlers  and 
others  whoever  sold  as  above  mentioned,  that  they  may  appear 
(if  they  see  cause)  for  the  purposes  aforesaid. 

Whereas  there  is  in  the  towns  of  New  Haven  and  Norwich  sun- 
dry chests  of  medicine,  arms,  accoutrements  and  camp  utensils, 
belonging  to  this  Colony,  some  part  of  which  'tis  apprehended 
unfit  for  further  service  :  It  is  therefore  resolved,  that  Messrs. 
Aaron  Day  and  Daniel  Hulibard  of  New  Haven,  and  Hezekiah 
Huntington,  Esq^",  of  Norwich,  be  appointed,  and  they  are 
hereby  appointed  in  the  respective  towns  in  which  they  dwell, 
to  sell  such  articles  as  they  shall  judge  unfit  to  be  repaired  or 
preserved  for  further  service,  and  also  put  in  good  repair  such 
articles  they  shall  judge  may  be  well  repaired,  and  settle  their 
accounts  with  the  Committee  of  the  Pay-Table,  and  pay  in  to 
the  Treasurer  of  this  Colony  the  balance  of  their  accounts 
so  settled,  and  take  duplicate  receipts  of  the  Treasurer,  and 
one  of  them  lodge  with  the  Secretary  of  this  Colony. 
[149]  .lie solved  hy  this  Assembly,  That  the  Treasurer  of  this 
Colony  for  the  time  being  be  and  he  is  hereby  authorized  and 
directed,  in  the  name  of  the  Governor  and  Company  of  this 


1759.]  OF    CONNECTICUT.  217 

Colony,  to  bring  actions  of  account  and  the  same  to  pursue  to 
final  judgment  and  execution  against  those  persons  appointed 
by  the  several  towns  in  this  Colony  receivers  of  the  country 
produce  paid  to  the  respective  constables  for  any  of  the 
country  rates  granted  by  this  Assembly  who  have  received 
any  such  produce  and  have  neglected  or  shall  hereafter  neg- 
lect in  a  reasonable  time  to  dispose  of  and  account  for  the 
same  and  pay  the  avails  thereof  into  the  treasury  of  this 
Colony  according  to  the  direction  of  the  act  of  the  General 
Assembly  of  this  Colony  in  such  case  provided. 

Upon  the  memorial  of  Enos  Hull,  executor  to  the  last  will 
and  testament  of  Thomas  Hull  late  of  Killingsworth,  deceased, 
shewing  to  this  Assembly  that  the  debts  and  charges  ex- 
hibited due  from  the  estate  of  the  said  deceased  surmount  the 
moveable  estate  of  said  deceased  the  sum  of  £8  12s.  9d.  and 
that  there  is  no  provision  made  in  the  last  will  of  said  de- 
ceased to  pay  the  same,  and  praying  to  this  Assembly  to 
grant  liberty  and  authority  to  your  memorialist,  or  some 
other  proper  person,  to  sell  so  much  of  the  real  estate  of  said 
deceased  as  shall  be  sufficient  to  raise  the  said  sum  of  £8  12s. 
9cZ.  lawful  money  with  incident  charges  of  sale  &c. :  Resolved 
by  this  Assembly,  that  Capt.  Lemuel  Hull  of  Killingsworth 
be  impowered,  and  he  is  hereby  impowered,  to  sell  so  much  of 
the  real  estate  of  the  said  deceased  as  shall  be  sufficient  to 
pay  the  said  sum  of  £8  12s.  9d.  lawful  money  with  the 
incident  charges  of  sale ;  taking  the  direction  of  the  court  of 
probate  in  the  district  of  Guilford  therein. 

On  the  memorial  of  Sarah  Keeler  of  Ridgfield  and  Thomas 
Gibs  of  Milford  and  Hannah  his  wife,  representing  to  this 
Assembly  that  sometime  in  December  last  a  large  dwelling- 
house  in  Fairfield,  belonging  to  said  Sarah  and  Hannah  and 
in  the  occupancy  and  improvement  of  Capt.  Saint  Leger  of 
his  Majesty's  forty-eighth  regiment,  casually  took  fire  and 
burnt  down ;  praying  for  licence  for  a  public  lottery  in  Pair- 
field  for  the  raising  the  sum  of  one  hundred  pounds  lawful 
money,  to  be  to  them  a  recompence  for  tlie  loss  of  said  house 
and  to  prevent  any  dispute  in  the  law  that  might  arise  about 
paying  for  the  same :  Resolved  by  this  Assembly,  that  there 
be  a  })iil»lic  lottery  in  said  Fairfield  for  the  raising  one 
hundred  and  thirty  pounds,  concerted  and  drawn  in  the  usual 
and  proper  form  of  public  lotteries,  for  recompensing  said 
memorialist  and  preventing  the  dispute  aforesaid  and  for  the 
charge  of  said  lottery.  And  it  is  further  enacted,  that  Messrs. 
Ebenezer  Wakeman,  David  Burr  jun""  and  Gold  Selleck  Silli- 
man,  all  of  said  Fairfield,  be  and  hereby  are  appointed  direc- 
28 


218  PUBLIC    RECORDS  [Feb. 

tors  and  managers  of  said  lottery,  and  shall  forthwith 
proceed  therein  and  may  appoint  their  clerks  for  said  pnrpose  ; 
and  said  directors  and  clerks  by  them  appointed  shall  be 
sworn  before  the  Governor  or  some  Assistant  in  this  Colony 
to  the  faithful  discharge  of  their  trust;  and  said  directors  as  a 
reward  for  their  service  in  said  affair  shall  receive  the  sum  of 
thirty  pounds,  to  be  deducted  out  of  said  sum  of  one  hundred 
and  thirty  pounds,  or  such  other  sum  as  shall  be  finally 
raised  by  said  lottery.  And  it  is  further  enacted,  that  if  any 
person  shall  forge,  counterfeit  or  alter  any  ticket  in  imitation 
of  any  ticket  signed  by  said  directors,  or  either  of  them,  or 
any  other  person  by  their  order,  or  if  any  person  shall  by  virtue 
of  any  such  forged,  counterfeited  or  altered  ticket,  knowing 
the  same  to  be  such,  claim  any  prize  in  said  lottery,  he  shall 
incur  the  same  penalty  on  conviction  thereof  as  persons  by 
law  are  liable  to  in  other  cases  of  forgery.  And  the  money 
which  shall  be  raised  by  deducting  ten  per-amtum  only  out  of 
all  the  benefit  tickets  in  said  lottery  and  the  charge  of  said 
lottery  being  taken  out  of  that  sum,  the  remainder  shall  be  by 
said  directors  delivered  unto  the  said  Sarah  and  Hannah  for 
the  purpose  aforesaid. 

Upon  the  memorial  of  the  selectmen  of  the  town  of  Mil- 
ford  in  the  Colony  of  Connecticut,  by  their  agent  Edward 
Allen,  shewing  to  this  Assembly  that  the  committee  of  the 
Hon^'e  General  Assembly  at  their  session  in  May  last  that 
were  appointed  to  examine  the  accounts  of  the  selectmen  of 
[150]  said  ||  Milford  with  respect  to  billeting  his  Majesty's 
regular  forces  stationed  at  said  Milford,  made  a  mistake  in 
their  cast  of  <£8  Ss.  Od.  in  billeting  258  soldiers  17  weeks  at 
Is.  9(^.  per  week,  the  said  committee  made  the  footing  of  said 
account  to  be  X367  18s.  9d.,  and  no  more,  whereas  it  sliould 
have  been  X376  6s.  9d.,  and  praying  to  this  Assembly  to 
allow  to  the  said  town  of  Milford  the  said  £8  8s.  Od.  &c.: 
Resolved  by  this  Assembly,  that  the  Treasurer  of  this  Colony 
pay  to  the  said  Edward  Allen,  agent  as  aforesaid,  for  the  use 
of  said  town,  the  sum  of  £8  8s.  Od.  lawful  money,  and  he  is 
hereby  ordered  to  pay  the  same  to  the  said  Edward  Allen  for 
the  use  of  said  town,  taking  his  receipt  therefor. 

Upon  the  memorial  of  Benjamin  Wetmore  and  Francis 
Wetmore,  administrators  on  the  estate  of  Richard  Anthony 
late  of  Middleton  in  said  Colony,  deceased,  shewing  to  this 
Assembly  that  the  debts  and  charges  due  from  the  estate  of 
said  deceased  surmount  the  moveable  part  of  said  estate  the 
sum  of  <£13  12s.  8hd.  lawful  money,  and  thereupon  praying 
to  this  Assembly  for  liberty  to  sell  real  estate  &c. :  Resolved 


1759.]  OF    CONNECTICUT.  219 

by  this  Assembly,  that  the  said  Benjamin  Wetmore  have 
liberty,  and  liberty  is  hereby  granted,  to  sell  so  much  of  the 
real  estate  of  said  deceased  as  will  procure  said  sum  of  £13 
12s.  81(7.  lawful  money  together  with  the  incident  charges 
arising  on  such  sale ;  taking  the  direction  of  the  court  of 
probate  in  the  district  of  Middleton  therein. 

Upon  the  memorial  of  Sarah  Russel  of  New  Haven,  late 
guardian  to  Timothy  Russel  a  minor,  late  of  said  New  Haven, 
deceased,  and  administratrix  on  the  estate  of  said  deceased, 
shewing  to  this  Assembly  that  the  allowance  made  by  the 
court  of  probate  for  the  district  of  New  Haven  to  the  memo- 
rialist, for  maintaining  said  minor  from  four  years  old  till  six 
and  charge  of  sickness  and  funeral,  amount  to  the  sum  of 
c£30  15s.  Od.  and  that  said  minor  had  no  personal  estate ;  pray- 
ing for  authority  to  sell  so  much  of  the  real  estate  of  said  de- 
ceased as  to  raise  [said]  sum  <tc. :  Resolved  by  this  Assembly, 
that  the  said  Sarah  Russel  have  authority,  and  she  is  hereby 
authorized  and  impower'd,  to  sell  so  much  of  said  real  estate 
as  to  raise  said  sum  with  the  incident  charges  arising  on  said 
sale ;  taking  the  direction  of  the  said  court  of  probate 
therein. 

This  Assembly  is  adjourned  until  the  15th  day  of  March 
next,  to  meet  at  Hartford,  unless  the  Governor  or  in  his 
aljsence  the  Deputy  Governor  shall  see  cause  to  call  it  to 
meet  sooner. 

Teste     George  Wyllys  Secret'y. 


[151]   Anno  Regni  Regh  Georgii  secimdi  tricesimo-secundo. 

At  a  General  Assembly  of  the  Governor  and  Company  of 
HIS  Majesty's  English  Colony  of  Connecticut  in  New 
England  in  America  holden  at  Hartford  (by  special 
ORDER  OP  his  Honour  the  Governor)  on  the  eighth  day 
OF  March  annoque  Domini  1759. 

Present : 
The  Honourable  Thomas  Fitch,  Esq"",  G-ovemor. 
The  Hon^ie  William  Pitkin,  Esq%  Deputy  Governor. 

Roger  Newton,  Thomas  Wells,  ^ 

Ebenezer  Silliman,         Benjamin  Hall, 

Jonathan  Trumble,         Phineas  Lyman,  I        Esq^  , 

Hezekiah  Huntington,    Roger  Wolcott  Jun"",      '     J..«,\./.,aw 

Andrew  Burr,  Daniel  Edwards, 

John  Chester,  Jabez  Hamlin, 


Assistants. 


220  PUBLIC   RECORDS  [March, 

Representatives  or  Deptities  of  the  several  Towns  hereafter 
mentioned  ivho  attended  at  this  Asseinhly^  viz: 

Col.  Joseph  Pitkin,  Mr.  John  Ledyard,  for  Hartford. 

Col.  John  Hubbard,  Mr.  John  Whiting,  for  New  Haven. 

Mr.  David  Gardner,  Mr.  William  Hilhouse,  for  New  London. 

Mr.  David  Rowland,  Mr.  William  Burr,  for  Fairfield. 

Mr.  Nathaniel  Wales,  Mr.  Samuel  Gray,  for  Windham. 

Col.  El)enezer  Marsh,  Capt.  Elisha  Sheldon,  for  Litchfield. 

Cajjt.  Jabez  Huntington,  Capt.  John  Perkins,  for  Norwich. 

Col.  Elizur  Goodrich,  Mr.  Hezekiah  May,  for  Weatiiersfield. 

Col.  Shubael  Conant,  Mr.  William  Hall',  for  Mansfield. 

Col.  Elihu  Chauncey,  Mr.  John  Camp,  for  Durham. 

Capt.  Hezekiah  Whittlesey,  Capt.  John  Murdock,  for  Say- 
brook. 

Capt.  Macock  Ward,  Mr.  Enos  Brooks,  for  Wallingsford. 

Col.  John  Dyer,  Capt.  Benjamin  Pierce,  for  Canterbury. 

Mr.  Nathaniel  Sacket,  for  Greenwich. 

Mr.  Erastus  Wolcott,  for  Windsor. 

Col.  Hezekiah  Sabin,  Capt.  Samuel  Danielson,  for  Killingsly. 

Mr.  Samuel  Kimberly,  Mr.  John  Wells,  for  Glassenbury. 

Mr.  James  Fitch,  for  Nor  walk. 

Mr.  Jonathan  Kilborn,  Capt.  Elijah  Worthington,  for  Col- 
chester. 

Col.  David  Whitney,  for  Canaan. 

Mr.  Joseph  Wilcockson,  Mr.  David  Phelps,  for  Symsbury. 

Mr.  Solomon  Whitmore,*  Mr.  Jeremiah  Curtis,  for  Farm- 
in  gton. 

Capt.  Theophilus  Nichols,  Mr.  Icliabod  Lewis,  for  Stratford. 

Mr.  Samuel  Barker,  Capt.  Roliert  Foot,  for  Branford. 

Mr.  Daniel  Sherman,  Mr.  Benjamin  Hickox,  for  Woodbury. 

Mr.  Samuel  Olmsted,  for  Ridgfield. 

Mr.  Christopher  Holmes,  for  East  Had  dam. 

Mr.  Daniel  Aldin,  for  Stafford. 

Mr.  Jonathan  Dressor,  for  Pomfret. 

Mr.  James  Bradford,  Capt.  Isaac  Coit,  for  Plainfield. 

Mr.  Daniel  Booth,  Capt.  Henry  Glover,  for  Newtown. 

Mr.  Comfort  Starr,  for  Danbury. 

Mr.  Robert  Dixon,  Mr.  John  Smith,  for  Voluntown. 

Capt.  John  Williams,  Mr.  John  Pardee,  for  Sharoii. 

Mr.  Stephen  Heaton,  Mr.  Gideon  Thompson,  for  Goshen. 

Mr.  Roger  Sherman,  Mr.  Jehiel  Hawley,  for  New  Milford. 

Mr.  John  Phelps,  for  Hebron, 

Mr.  Josiah  Stoddard,  Mr.  John  Hutchinson,  for  Salisbury. 

Mr.  Seth  Wliitmore,  Capt.  Matthew  Talcott,  for  Middleton. 

*  So  in  the  record,  but  should  read  Whitman. 


1759.]  OF     CONNECTICUT.  221 

Capt.  Benjamin  Kent,  for  Suffield. 

Capt.  Elnatlian  Stephens,  Capt.  Thcophilns  Morgan,  for  Kil- 
ling worth. 

Mr.  Zebulon  West,  Capt.  Joshua  Wills,  for  Tolland. 

[152]  Mr.  Joseph  Wells,  for  Haddam. 

Mr.  Everit  Smith,  Capt.  Benjamin  Somner,  for  Ashford. 

Mr.  Martin  Smith,  for  New  Hartford. 

Mr.  Jabez  Swift,  Mr.  Daniel  Lee,  for  Kent. 

Capt.  Ebenezer  Kingsbury,  for  Coventry. 

Mr.  Isaac  Johnson,  Col.  Thomas  Chandler,  for  Woodstock. 

Capt.  Thomas  Pitkin,  Capt.  Benjamin  Talcott,  for  Bolton. 

Ca})t.  Samuel  Basset,  Capt.  Abel  Gun,  for  Derby. 

Capt.  Joshua  West,  Mr.  William  Williams,  for  Lebanon. 

Mr.  Simeon  Minor,  Capt.  Joseph  Dennison,  for  Stonington. 

Maj.  Edward  Allen,  for  Milford. 

Col.  Timothy  Stone,  Mr.  Samuel  Robinson,  for  Guilford. 

Capt.  Timothy  Judd,  Mr.  Stephen  Hopkins,  for  Waterbury. 

Capt.  William  Witter,  Mr.  John  Tyler,  for  Preston. 

Mr.  Jonathan  Dibl)le,  Mr.  Charles  Webb,  for  Stanford. 

Mr.  Edward  Collins,  for  Enfield. 

Capt.  Matthew  Griswold,  Mr.  Uriah  Rowland,  for  Lyme. 

Col.  Christopher  Avery,  for  Groton. 

Mr.  Jacob  Benton,  for  Harwinton. 

Col.  Shubael  Conant,  Speaker    ^  of    the  House  of  Repre- 
Capt.  Jabez  Huntington,  Clerk  )  sentatives. 

Whereas  his  Honour  the  Governor  hatli  laid  before  this  As- 
sembly a  letter  from  the  Right  Hon'''^  William  Pitt,  one  of 
his  Majesty's  principal  Secretaries  of  State,  dated  December 
9th  1758,*  signifying  that  his  Majesty  having  nothing  so 
much  at  heart  as  to  improve  the  great  and  important  advan- 
tages gained  the  last  campaign  as  well  as  to  repair  the  disap- 
pointment at  Ticonderoga  and  by  the  most  vigorous  and 
extensive  efforts  to  avert,  by  the  blessing  of  God  on  his  arms, 
all  dangers  which  may  threaten  North  America  from  any 
irruptions  of  the  French,  and  not  doubting  that  all  his  faithful 
and  Itrave  subjects  here  will  chearfullj^  co-operate  with  and 
second  to  the  utmost  the  large  expcnces  and  extraordinary 
succours  supplied  by  his  Kingdom  for  our  preservation  and 
defence ;  and  his  Majesty  considering  that  the  several  Prov- 
inces in  particular  from  proximity  and  accessiliility  of  situa- 
tion more  immediately  obnoxious  to  the  main  irruptions  of 
the  enemy  from  Canada  are  of  themselves  well  able  to  furnish 
at  least  twenty  thousand  men  to  joyn  a  body  of  the  King's 
forces  for  invading  Canada  by  the  way  of  Crown  Point  and 

*  Printed  in  N.  Y.  Colonial  Documents,  vii,  350.     R.  I.  Colonial  Records,  vi,  178. 


222  PUBLIC  RECORDS  [March, 

carrying  war  into  the  heart  of  the  enemies  possessions,  and 
that  it  is  the  King's  pleasure  that  with  all  possible  dispatch  at 
least  as  large  a  body  of  men  be  raised  in  this  Colony  as  was 
done  for  the  last  campaign,  and  even  as  many  more  as  the 
num])er  of  its  inhabitants  may  allow,  to  be  in  readiness  to 
begin  the  operations  of  the  campaign  as  soon  as  practicable ; 
and  that  no  encouragement  may  be  wanting  to  this  great  and 
salutary  attempt,  that  strong  recommendation  will  be  made 
to  Pai-liament  to  grant  a  proper  compensation  for  such  ex- 
pences  as  above,  according  as  the  active  vigour  and  strenuous 
efforts  of  the  respective  Provinces  shall  fully  appear  to  merit : 
Whereupon  this  Assembly  considering  that  in  several  former 
expeditions  against  Crown  Point  a  greater  number  of  men 
was  raised  here  than  our  just  proportion,  compared  with  the 
other  Provinces ;  that  the  last  year,  animated  with  great  zeal 
to  second  the  very  extraordinary  and  ample  succours  supplied 
by  his  Majesty,  this  Colony  agreed  to  raise  a  larger  body  of 
men  than  it  was  able  fully  to  compleat  upon  a  diligent  tryal 
and  exertion ;  that  many  of  our  men  have  died  or  become 
unfit  for  duty  by  reason  of  the  last  years  service  ;  that  many 
of  our  inhabitants  have  lately  inlisted  for  recruits  to  the 
King's  regiments  here,  and  others  engaged  in  battoe  and  car- 
riage service,  by  all  which  means  our  numbers  are  diminished 
[loS]  and  our  strength  and  treasure  ||  exhausted,  and  no 
other  way  can  be  devised  that  is  practicable  to  supply  the 
public  treasury  but  only  by  emitting  a  large  sum  in  bills 
of  credit,  which  cannot  be  refunded  by  the  inhabitants  with- 
out great  difficulty  and  distress :  Yet  that  the  great  and  salu- 
tary designs  of  his  Majesty  may  be  promoted  to  the  utmost 
alnlity  of  this  Colony,  with  a  firm  and  humble  reliance  on  his 
royal  and  most  gracious  encouragement. 

It  is  resolved  and  ordered  hy  this  Assoiihli/,  That  three 
thousand  six  hundred  good  and  effective  men,  including 
officers,  be  raised,  and  they  are  hereby  ordered  to  be  levied 
and  raised  within  this  Colony  as  soon  as  may  be ;  which 
number  this  Assembly  is  fully  of  opinion  is  as  great  as  the 
number  of  its  inhabitants  will  allow  for  the  service  aforesaid. 

And  it  is  further  resolved,  That  the  three  thousand  six  hun- 
dred men  aforesaid  be  formed  into  four  regiments  consisting 
of  ten  companies  each,  and  there  shall  be  a  colonel,  lieutenant- 
colonel  and  major,  a  chaplain,  an  adjutant,  a  quarter-master,  a 
sergeant-major  and  a  drum-major  in  each  regiment,  and  that 
the  colonel,  lieutenant-colonel  and  major  of  each  regiment 
shall  have  each  of  them  the  command  of  a  company  as  cap- 
tain thereof,  and  that  a  captain  be  appointed  to  each  of  th(; 
other  companies ;  that  a  captain-lieutenant  and  one  lieutenant 


1769.]  OF    CONNECTICUT.  1^23 

and  an  ensign  be  appointed  for  each  colonel's  company,  and 
two  lieutenants  and  an  ensign  for  each  of  the  other  com- 
panies ;  that  there  be  four  sergeants,  four  corj^orals,  a  clerk 
and  two  drummers  to  each  company  aforesaid. 

Whereas  this  Assembly  hatli  resolved  to  raise  the  numl>er 
of  three  thousand  six  hundred  men  as  soon  as  possible,  to  co- 
operate with  and  second  the  extraordinary  succours  supplyM 
by  his  Majesty  for  the  preservation  and  defence  of  his  sub- 
jects in  North  America,  and  to  induce  such  non-commission 
officers  and  soldiers  as  have  been  in  his  Majesty's  service  in 
either  of  the  campaigns  to  continue  and  enlist  themselves 
accordingly,  and  to  encourage  able-bodied  and  effective  men 
voluntarily  to  inlist  into  the  service  aforesaid, 

It  is  resolved  by  this  Assembly,  That  every  such  able-bodied 
effective  man,  as  well  non-commission  officers  as  soldiers,  who 
has  been  in  the  service  in  either  of  the  late  campaigns,  who 
shall  voluntarily  inlist  himself  to  continue  in  said  service, 
shall  be  entituled  to  have  and  receive  full  wages  and  pay  at 
the  respective  rates  given  to  such  non- commission  officer  and 
soldier  in  the  service  of  this  Colony  the  last  year,  to  be  com- 
puted from  the  first  day  of  December  last  until  the  fifth  day 
of  April  next:  provided  they  voluntarily  inlist  before  the  16th 
day  of  April,  xind  each  able-bodied  effective  man  who  hath 
not  heretofore  been  in  such  service,  who  shall  voluntarily 
inlist  himself  therein,  shall  have  and  receive  a  bounty  of  four 
pounds  lawful  money.  That  each  man  inlisting  on  either  of 
the  encouragements  aforesaid  shall  provide  for  himself  cloaths, 
powder-horn  and  shot-bag,  to  the  acceptance  of  the  muster- 
master,  and  on  failure  thereof  such  man  shall  be  supply'd 
with  the  same  by  his  captain  out  of  the  aforesaid  wages  and 
bounty,  and  the  remainder  shall  be  then  paid  to  him.  That 
each  man  raised  in  this  Colony  who  shall  go  in  said  service 
shall  have  and  receive  one  month's  advance  i)ay  witii  a  good 
blanket  and  knapsack,  and  also  a  bounty  of  thirty-five  shil- 
lings to  be  improved  by  each  man  to' purchase  a  lapelled  coat. 

And  to  encourage  b(jth  officers  and  soldiers  to  engage  in 
said  service, 

It  is  further  resolved,  lliat  the  wages,  both  of  officers  and 
soldiers  raised  in  this  Colony  and  employed  in  the   service 
aforesaid,  shall  be  as  follows  per  month,  accounting  28  days 
to  a  month,  viz  : 
To  a  colonel  of  a  regiment  and  as  captain  of  a 

company,    - <£25 

To  a  lieutenant-colonel  of  do.  and  as  do.     -        -       15 
To  a  major  of  do.  and  as  do.      -        -        -        -       12 


0 

0 

0 

0 

0 

0 

£8     0 

0 

5     0 

0 

4     0 

0 

12     0 

0 

2  10 

0 

2     0 

0 

1  18 

0 

2     0 

0 

2     0 

{) 

1  18 

0 

1  16 

0 

3     0 

0 

3     0 

0 

224  PUBLIC   RECORDS  [March, 

To  a  captain  and  captain-lieutenant,  -        -        - 
To  a  lieutenant,  -_-.-_ 

To  an  ensign, 

To  a  chaplain, 

To  one  sergeant-major  to  each  regiment,    - 

To  a  sergeant,   ------- 

[154]  To  a  corporal,         ----- 

To  a  clerk, -        - 

To  1  drum-major  to  each  regiment,    -        -        - 
To  a  drummer,  ------- 

To  each  private  soldier,      ----- 

To  a  quarter-master  to  each  regiment, 

To  an  adjutant, 

And  it  is  further  resolved,  That  said  troops  shall  be  held 
in  service  no  longer  than  is  necessary  for  the  ensuing  cam- 
paign of  the  current  year  and  shall  be  dismissed  when  the 
same  is  ended  ;  and  that  his  Honour  the  Governor  be  desired, 
and  he  is  hereby  desired  by  and  with  the  advice  of  the  Coun- 
cil, to  recall  said  troops  when  they  judge  the  service  will  ad- 
mit thereof. 

An  Act  for  the  speedy  Compleating  the  Levies  ordered  to  be  raised  in 
this  Colony  for  the  ensuing-  Campaign. 

Whereas  this  Assembly  in  the  present  sessions  hath  ordered 
the  number  of  three  thousand  six  hundred  men  to  be  raised 
in  this  Colony  for  the  next  campaign  and  hath  given  large 
encouragements  to  induce  that  number  of  able-bodied  effective 
men,  including  officers,  voluntarily  to  engage  and  inlist  in 
said  service:  Yet,  forasmuch  as  the  King's  service  requires 
the  greatest  dispatch  in  making  the  levies,  and  it  may  unex- 
pectedly happen  that  they  may  not  be  compleat  by  the  time  it 
will  be  necessary  for  them  to  march,  and  that  nothing  may 
be  wanting  on  the  part  of  this  government  in  getting  its 
troops  in  readiness  in  season  for  the  intended  service,  for 
which  purpose  it  may  be  found  necessary  to  detach  or  impress 
men  :  Therefore,  to  prevent  delay  and  loss  of  time. 

It  is  7'esolv('d  and  cnaded  hij  tlih  AHseynbJ'U^  That  in  case  the 
said  levies  shall  not  by  voluntary  inlistments  be  compleated 
by  the  sixteenth  day  of  April  next,  the  same  shall  be  tilled 
up  by  detachments  oi-  impresses.  And  for  effecting  the 
same,  this  Assembly  orders  and  enacts,  that  the  quota  and 
proportion  of  men  to  be  raised  in  the  respective  regiments  of 
militia  in  this  Colony  shall  be,  exclusive  of  commission  and 
staff  officers  who  living  within  the  same  shall  engage  in  said 
service,  shall  be  as  follows,  viz:  For  the 
First  regiment,         537         8th  regiment,         183 

2d,  regiment,         245         9th  regiment,         213 


1759.]  OF    CONNECTICUT.  225 

3d  regiment,         288        10th  regiment,         204 
4th  regiment,         264        11th  regiment,         232 
5th  regiment,         205        12th  regiment,         261,  and  for  the 
6th  regiment,         244        13th  regiment,         360 
7th  regiment,         182 

And  it  is  further  resolved  and  enacted,  That  the  colonel,  or 
in  his  absence  the  next  field-officer,  of  each  regiment  of  militia 
shall  proportion  the  number  of  men  to  be  raised  in  the  troop 
and  several  foot- companies  in  his  regiment  according  to  the 
training-rolls  returned  to  him  in  pursuance  of  the  order  of  this 
Assembly  in  February  last,  and  inform  the  captains  or  chief 
officers  of  the  said  companies  thereof,  and  order  them  forth- 
with to  cause  warning  to  be  given  to  their  respective  com- 
panies and  all  living  within  the  limits  thereof  who  are  obliged 
to  shew  arms,  to  meet  at  some  proper  time  and  place  on  the 
said  16th  day  of  April,  and  then  and  as  soon  after  as  may  be 
to  detach  and  impress  so  many  able-bodied  effective  men  be- 
longing to  or  living  or  to  be  found  within  the  limits  of  their 
respective  companies  and  that  are  proper  to  be  employ'd  in 
the  service  as  shall  be  then  found  necessary  to  make,  with 
those  in  the  limits  thereof  who  have  before  enlisted,  such 
[155]  II  companies  proportion  assigned  and  ascertained  as 
aforesaid,  which  the  said  officers  are  hereby  impowered  to  do. 
And  all  those  who  have  been  in  the  last  or  any  former  cam- 
paigns shall  be  liable  rather  than  others  to  be  impressed, 
unless  there  be  some  special  reason  or  circumstance  attend- 
ing them  or  their  affairs  other  than  their  having  before  been 
in  the  service,  to  exempt  them :  Provided  no  more  than  every 
9th  man,  including  those  who  inlist,  shall  be  detached  out  of 
any  troop  of  horse. 

Provided  also,  That  each  man  detached  or  impressed  as 
aforesaid  who  shall,  within  twenty-four  hours  after  he  is  as- 
signed to  and  ordered  to  joyn  any  company,  voluntarily  inlist 
himself  therein  shall  be  entituled  to  receive  the  same  bounty 
and  allowance  given  to  those  not  having  been  in  any  former 
campaign  who  have  inlisted  in  said  service.  And  every  per- 
son detached  or  impressed  as  aforesaid  and  ordered  to  joyn 
any  company  as  aforesaid  shall  be  holden  to  attend  said  ser- 
vice and  accordingly  shall  proceed  therein  on  the  penalty  of 
the  law  in  that  case  already  provided,  unless  he  shall  within 
twenty -four  hours  after  such  order  pay  down  to  the  officer 
who  detached  or  impressed  him  the  sum  of  ten  pounds  for 
the  use  mentioned  in  the  law  for  disposing  of  said  fine ;  any 
law  or  custom  to  the  contrary  notwithstanding. 

Provided  nevertheless,   That  no  detachment  or  impresses 
29 


226  PUBLIC   RECORDS  [March, 

shall  be  made  in  any  regiment  within  the  limits  of  which 
there  shall  voluntary  enlist  before  the  detachment  is  begun 
the  number  of  effective  men  assigned  for  and  as  that  regi- 
ment's proportion  to  be  raised  for  the  service  aforesaid. 

Provided  also,  and  it  is  further  resolved  and  enacted,  That 
after  the  said  detachments  and  impresses  are  made,  the 
enlisting  officers  of  every  company  shall  have  liberty  and 
they  are  directed  to  endeavour  to  enlist  as  many  more  men 
into  their  several  companies  as  they  can :  provided  no  com- 
pany exceed  the  number  of  one  hundred  men  including  the 
officers  thereof ;  and  all  such  men  as  shall  thereupon  so  enlist 
shall  be  entituled  to  the  same  allowance  given  to  others  not 
before  having  been  in  any  of  the  former  campaigns  who  shall 
have  inlisted.* 

This  Assembly  do  appoint  Phineas  Lyman,  Esq"",  to  be 
Major-General  of  the  troops  ordered  to  be  raised  by  this 
Assembly  for  the  ensuing  campaign,  and  Colonel  of  the  first 
regiment. 

Nathan  Payson,  Esq"",  Lieutenant-Colonel,  John  Slapp, 
Esqi",  Major,  of  the  1st  regiment. 

Nathan  Whiting,  Esqs  Colonel,  Joseph  Spencer,  Esq"", 
Lieutenant-Colonel,  David  Baldwin,  Esq',  Major,  of  the  2d 
regiment. 

David  Wooster,  Esq*",  Colonel,  James  Smedly,  Esq"",  Lieu- 
tenant-Colonel, David  Waterbury,  Esq'',  Major,  of  the  3d 
regiment. 

Eleazer  Fitch,  Esq>",  Colonel,  Israel  Putnam,  Esq"",  Lieuten- 
ant-Colonel, John  Durkee,  Esq"",  Major,  of  the  4th  regiment. 

This  Assembly  do  appoint  Major-General  Phineas  Lyman 
Captain,  Elihu  Kent  Captain-Lieutenant,  Seth  King  Lieuten- 
ant, Ebenezer  Belknap  Ensign,  of  the  1st  company. 

Lieutenant-Colonel  Nathan  Payson  Captain,  Caleb  Sheldon 
1st  Lieutenant,  John  Thacher  2d  Lieutenant,  Jonathan  Gil- 
let  Ensign,  of  the  2d  company. 

[156]  Major  John  Slapp  Captain,  Nehemiah  Eastabrook  1st 
Lieutenant,  Josiah  Smith  2d  Lieutenant,  Thomas  Lyon  En- 
sign, of  the  3d  company. 

John  Jeffers  Captain,  Judah  Woodruff  1st  Lieutenant, 
John  Edgcomb  2d  Lieutenant,  David  Andruss  Ensign,  of  the 
4th  regiment  [company.] 

Eliphalet  Whittlesey  Captain,  David  Hubbard  jun""  1st 
Lieutenant,  Josiah  Goodrich  2d  Lieutenant,  Samuel  Gridley 
Ensign,  of  the  5th  company. 

Samuel  Gaylord  Captain,  John  Sumner   1st   Lieutenant, 

*  This  act  was  printed  on  one  leaf  by  James  Parker  and  Company.  The  pag- 
ing is  independent  of  other  printed  laws. 


1759.]  OF    CONNECTICUT.  227 

Gideon  Goodrich  2d  Lieutenant,  Josiah  Stow  Ensign,  of  the 
6th  company, 

Timothy  Hierlihey  Captain,  Christopher  Hamlin  1st  Lieu- 
tenant, Jonathan  Johnson  2d  Lieutenant,  Stephen  White 
Ensign,  of  the  7th  company. 

Gideon  Wolcott  Captain,  Edward  Bernard  1st  Lieutenant, 
Solomon  Wills  2d  Lieutenant,  Ebenezer  Fitch  Bissel  Ensign, 
of  the  8th  company. 

David  Parsons  Captain,  John  Elsworth  jun""  1st  Lieutenant, 
Nathaniel  Terry  2d  Lieutenant,  Amory  Pease  Ensign,  of  the 
9th  company. 

Noah  Humphry  Captain,  John  Chick  1st  Lieutenant,  Shu- 
bael  Griswold  2d  Lieutenant,  Silas  Holcomb  Ensign,  of  the 
10th  company,  in  the  first  regiment. 

Colonel  Nathan  Whiting  Captain,  Jabez  Thompson  Cap- 
tain-Lieutenant, Edward  Rogers  Lieutenant,  David  Collins 
Ensign,  of  the  1st  company. 

Lt.  Colonel  Joseph  Spencer  Captain,  Daniel  Brainard  1st 
Lieutenant,  Israel  Harding  2d  Lieutenant,  James  Wells  En- 
sign, of  tlie  2d  company. 

Major  David  Baldwin  Captain,  Samuel  Hawkins  1st  Lieu- 
tenant, Peter  Perret  jun''  2d  Lieutenant,  Jacob  Foot  Ensign, 
of  the  3d  company. 

Eldad  Lewis  Captain,  Joel  Clark  1st  Lieutenant,  Benjamin 
Culver  2d  Lieutenant,  Jotham  Hitchcock  Ensign,  of  the  4th 
company. 

Henry  Champion  Captain,  Levi  Wells  1st  Lieutenant,  Sam- 
uel Jones  2d  Lieutenant,  Thomas  Sumner  Ensign,  of  the  5th 
company. 

[157]  Andrew  Ward  juni^  Captain,  Thomas  Pierce  1st  Lieu- 
tenant, Samuel  Bartlet  2d  Lieutenant,  Enos  Bishop  Ensign, 
of  the  6th  company. 

James  Wadsworth  jun^  Captain.  Jonathan  Bebee  1st  Lieu- 
tenant, James  Arnold  2d  Lieutenant,  Abner  Curtis  Ensign,  of 
the  7th  company. 

Isaac  Turner  Captain,  Peleg  Redfield  1st  Lieutenant,  Abra- 
ham Tiler  jun'  2d  Lieutenant,  Edward  Shipman  Ensign,  of  the 
8th  company. 

Azel  Fitch  Captain,  Ebenezer  Case  1st  Lieutenant,  David 
Woodward  2d  Lieutenant,  Daniel  Moulton  Ensign,  of  the  9th 
company. 

Gideon  Stoddard  Captain,  Phineas  Castle  1st  Lieutenant, 
Nathaniel  Tutle  2d  Lieutenant,  Isaac  Morse  Ensign,  of  the 
10th  company,  in  the  second  regiment. 

Colonel  David  Wooster  Captain,  Samuel  Clark  jun""  Cap- 
tain-Lieutenant, Israel  Kimberley  2d  Lieutenant,  Benjamin 
Davis  Ensign,  of  the  1st  company. 


228  PUBLIC   RECORDS  [March, 

Lt.  Colonel  James  Smedley  Captain,  Josiali  Walker  1st 
Lieutenant,  Ebenezer  Couch  jun""  2d  Lieutenant,  Stephen 
Thorp  Ensign,  of  the  2d  company. 

Major  David  Waterbury  Captain,  Josiah  Stehbins  tst  Lieu- 
tenant, Nathan  Ferris  2d  Lieutenant,  Moses  Smith  jun""  En- 
sign, of  the  3d  company. 

Thomas  Hobby  Captain,  Jabez  Hall  1st  Lieutenant,  James 
Mead  2d  Lieutenant,  Joseph  Mead  Ensign,  of  the  4th  com- 
pany. 

Samuel  Hubbel  Captain,  Noble  Benedict  1st  Lieutenant, 
Solomon  Morehouse  2d  Lieutenant,  Nathan  Gregory  Ensign, 
of  the  5tli  company. 

Gideon  Tomlinson  Captain,  Abel  Prindle  1st  Lieutenant, 
Elijah  Beach  2d  Lieutenant,  Isaac  Botchford  Ensign,  of  the 
6th  company. 

Samuel  Elmore  Captain,  Heman  Swift  1st  Lieutenant,  Isaac 
Peck  2d  Lieutenant,  Nathaniel  Buell  Ensign,  of  the  7th 
company. 

Archibald  McNeal  Captain,  Josiah  Smith  1st  Lieutenant, 
Nathan  Tibballs  2d  Lieutenant,  Gideon  Harrison  Ensign,  of 
the  8th  company. 

Thaddeus  Mead  Captain,  William  Bolt  1st  Lieutenant, 
Daniel  Potter  2d  Lieutenant,  Matthew  Smith  Ensign,  of  the 
9th  company. 

[158]  Tarball  Whitney  Captain,  Hezekiah  Baldwin  1st  Lieu- 
tenant, John  Wright  2d  Lieutenant,  Ebenezer  Dibble  Ensign, 
of  the  10th  company,  in  the  third  regiment. 

Colonel  Eleazer  Fitch  Captain,  Robert  Durkee  Captain- 
Lieutenant,  Patrick  Walsh  2d  Lieutenant,  John  Phelps  En- 
sign, of  the  1st  company. 

Lt.  Colonel  Israel  Putnam  Captain,  John  Cotton  1st  Lieu- 
tenant, Charles  Avery  2d  Lieutenant,  John  Spalding  jun"" 
Ensign,  of  the  2d  company. 

Major  John  Durkee  Captain,  Joseph  Bingham  1st  Lieuten- 
ant, Thomas  Leffingwell  jun""  2d  Lieutenant,  Jonathan  Birge 
Ensign,  of  the  3d  company. 

Jonathan  Lattimer  jun""  Captain,  Thomas  Rogers  1st  Lieu- 
tenant, James  Chapman  jun""  2d  Lieutenant,  Fithin  Sill  En- 
sign, of  the  4th  company. 

John  Stanton  Captain,  William  Roe  Minor  1st  Lieutenant, 
Robert  Niles  2d  Lieutenant,  Elias  Avery  Ensign,  of  the  5th 
company. 

Charles  Whiting  Captain,  John  Wheatley  1st  Lieutenant, 
Daniel  Bishop  2d  Lieutenant,  Jehiel  Peck  Ensign,  of  the  6th 
company. 

David  Holmes  Captain,  Peter  Levins  1st  Lieutenant,  Jona- 


1759.]  OP    CONNECTICUT.  229 

than  Child  2d  Lieutenant,  Nathaniel  Orrasby  Ensign,  of  the 
7th  company. 

John  Tyler  Captain,  Christopher  Palmer  1st  Lieutenant, 
Moses  Park  2d  Lieutenant,  James  Brown  Ensign,  of  the  8th 
company. 

Joseph  Parker  Captain,  Zebulon  Butler  1st  Lieutenant, 
Robert  Miller  2d  Lieutenant,  Daniel  Grenold  Ensign,  of  the 
9th  company. 

Jabez  Fitch  jun''  Captain,  Benedict  Saterly  1st  Lieutenant, 
James  McGunnigall  junr  2d  Lieutenant,  David  Paine  En- 
sign, of  the  10th  com]iany. 

This  Assembly  do  appoint  Major  John  Patterson  to  be  a 
Captain  in  the  first  regiment  of  the  forces  ordered  to  be 
raised  by  this  Assembly,  in  the  room  of  Capt.  John  Jeffers. 

[  159  ]  This  Assembly  appoints  the  Rev^  George  Beckwith 
of  Lyme  to  be  Chaplain  to  the  first  regiment. 

The  Rev''  Edward  Eells  of  Middleton  Chaplain  to  the  second 
regiment. 

The  Rev^  Jonathan  Ingersole  of  Ridgfield  Chaplain  to  the 
third  regiment. 

The  Rev^  Benjamin  Pomroy  of  Hebron  Chaplain  to  the 
fourth  regiment  ordered  to  be  raised  in  this  Colony  for  the 
ensuing  campaign. 

This  Assembly  appoints  Mr.  Elisha  Lord  of  Norwich  Sur- 
geon of  the  first  regiment  and  Principal  Director  of  the  Hos- 
pital Stores,  Daniel  D wight  of  Enfield  Surgeon's  Mate,  for 
the  first  regiment. 

Daniel  Porter  jun''  of  Waterbury  Surgeon,  Samuel  How  of 
Ashford  Surgeon's  Mate,  in  the  second  regiment. 

Gideon  Wells  of  Fairfield  Sui'geon,  Gershom  Dorrance  of 
Voluntown  Surgeon's  Mate,  in  the  third  regiment. 

David  Adams  of  Canterbury  Surgeon,  Benjamin  Pumroy 
jun""  of  Hebron  Surgeon's  Mate,  in  the  fourth  regiment  or- 
dered to  be  raised  in  this  Colony  for  the  ensuing  campaign. 

Resolved  by  this  Assembly,  That  there  be  appointed  one 
surgeon  and  one  surgeon's  mate  for  each  regiment  ordered  to 
be  raised  for  the  ensuing  campaign,  and  that  one  of  the  said 
surgeons  shall  be  appointed  principal  director  of  the  hospital 
stores  supply'd  by  this  Colony ;  and  it  shall  be  the  duty  of 
the  said  principal  director  to  have  a  general  care  and  inspec- 
tion over  all  the  hospital  stores  and  medicines,  that  they  are 
not  unjustly  embezelled,  and  when  the  campaign  is  over  to 
take  special  care  to  collect  the  said  stores,  medicines  and  in- 
struments, and  (if  he  can)  send  them  home  to  some  one  of 
the  commissaries  that  may  be  appointed  to  make  the  neces- 
sary provision  to  be  ordered  by  this  Assembly,  and  if  no 


230  PUBLIC   RECORDS  [March, 

t 

opportunity  presents  to  do  the  same,  then  to  lodge  the  same 
with  some  trusty  person  in  Albany  on  account  of  this  Colony 
and  take  receipt  therefor  and  deliver  the  same  to  some  one  of 
the  commissaries  as  aforesaid. 

And  further  it  is  resolved.  That  the  wages  to  be  allowed 
to  the  said  principal  director  ttc.  be  as  follows,  viz :  To  the 
surgeon  principal  director  of  the  hospital  stores  and  medicines 
per  month,  accounting  28  days  to  each  month,  <£12  Os.  Od. ; 
to  a  surgeon  per  do.  X9  Os.  Od. ;  to  a  surgeon's  mate  per  do. 
X4  10s.  Od. 

An  Act  for  securing  of  Soldiers  listed  and  taken  into  his  Majesty's  Ser- 
vice from  Arrests. 

Whereas  a  number  of  troops  may  be  raised  in  this  Colony 
for  his  Majesty's  service  who  may  be  liable  to  be  taken  out  of 
his  Majesty's  service,  by  unjust  or  fraudulent  arrests,  whereby 
his  Majesty  and  the  public  may  be  deprived  of  their  service : 
Which  to  prevent. 

Be  it  enacted  hy  the  Grovernor.,  Council  and  Representatives, 
in  Greneral  Court  assembled,  and  hy  the  authority  of  the  same, 
That  no  person  whatsoever  who  is  duly  enlisted  or  shall  so 
list  and  enter  himself  a  volunteer,  or  shall  be  impressed  into 
his  Majesty's  service,  during  the  continuance  of  this  act,  shall 
be  liable  to  be  taken  out  of  his  Majesty's  service  by  any  pro- 
cess or  execution  other  than  for  some  criminal  matter,  unless 
for  a  real  debt  or  other  just  cause  of  action  arisen  before  their 
entry  into  such  service,  and  unless  before  the  taking  out  of 
such  process  or  execution,  not  being  for  a  criminal  matter, 
the  plaintiff  or  plaintiffs  therein,  or  some  other  person  or  per- 
sons on  his  or  their  behalf,  shall  make  affidavit  before  the 
authority  or  officer  granting  such  process  or  execution,  (who 
are  impowered  to  administer  the  same,)  or  before  some  other 
proper  authority,  that  to  his  or  their  knowledge  the  original 
sum  justly  due  or  owing  to  the  plaintiff'  or  plaintiffs  from  the 
defendant  or  defendants  in  the  action  or  cause  of  action  on 
which  such  process  or  execution  shall  issue  amounts  to  the 
value  of  ten  pounds  sterling  at  least,  a  memorandum  of  which 
affidavit  shall  be  marked  on  the  back  of  such  process  or  exe- 
cution ;  and  if  any  person  shall  be  arrested  contrary  to  the 
intent  of  this  act,  it  shall  and  may  be  lawful  for  any  one  As- 
sistant and  one  justice,  or  two  justices,  (^quorum  unus,')  upon 
complaint  made  thereof  by  the  party  himself  or  by  any  of  his 
superior  officers,  to  examine  into  the  same  by  the  oath  of  the 
parties  or  otherwise,  and  by  warrant  under  their  hands  to 
discharge  such  soldier  so  arrested  contrary  to  the  intent  of 
this  act,  upon  due  proof  made  before  them  that  such  soldier 
[160]  so  arrested  was  legally  listed  or  impi-essed  ||  as  a 
soldier  into  his  Majesty's  service  and  arrested  contrary  to  the 


1759.]  OP    CONNECTICUT.  231 

intent  of  this  act,  and  to  award  reasonable  costs  to  the  party- 
complaining,  and  grant  execution  therefor  accordingly. 

Provided  nevertheless,  That  notliing  in  this  act  shall  be 
construed  to  extend  to  prohibit  or  hinder  any  process  or  exe- 
cution going  out  against  the  estate  of  such  soldiers  in  due 
form  of  law. 

This  act  to  continue  in  force  till  the  end  of  the  sessions  of 
this  Assembly  in  October  next.* 

Resolved  hy  this  Assembly,  That  Hezekiah  Huntington, 
Jabez  Hamlin,  John  Hubbard  and  Theophilus  Nichols,  Esqi-^, 
be  and  hereby  are  appointed  Commissaries,  to  make  provision 
for  furnishing  of  the  forces  ordered  by  this  Assembly  to  be 
raised  within  this  Colony  with  such  articles  as  are  to  be  pro- 
vided by  this  Colony  for  the  same,  according  to  the  orders  and 
resolves  of  this  Assembly,  and  to  receive  tlie  directions  of  his 
Honour  the  Governor  in  such  cases  wherein  no  special  orders 
are  made. 

Resolved  hy  this  Assembly,  That  Hezekiah  Huntington, 
Jabez  Hamlin,  John  Hubbard  and  Theophilus  Nichols,  Esqi^^, 
be  appointed,  and  they  are  hereby  appointed  and  fully  im- 
powered,  as  soon  as  may  be  to  collect  and  put  into  the  best  con- 
dition all  the  arms  and  accoutrements  that  can  be  found  in 
this  Colony  belonging  to  his  Majesty ,  in  order  that  the  same 
may  be  improved  as  far  as  they  will  go  in  arming  the  troops 
raised  in  this  Colony  for  the  ensuing  campaign :  and  when 
they  are  put  into  good  condition,  to  deliver  the  same  to  some 
chief  officer  of  some  one  or  more  of  the  companies  to  be  raised 
in  this  Colony  for  the  ensuing  campaign,  taking  proper  receipts 
therefor,  and  lodge  the  same  with  the  Committee  of  the  Pay- 
Table. 

Resolved  hy  this  Assembly,  That  the  commissaries  appointed 
to  provide  the  necessary  supplies  for  the  troops  to  be  raised  in 
this  Colony  be  and  they  are  hereby  directed,  with  all  conven- 
ient speed,  to  purchase  and  send  to  the  commissary  appointed 
to  reside  at  Albany,  who  is  directed  to  forward  the  same  to 
the  commissaries  appointed  to  attend  the  army,  the  following 
articles,  viz : 

20  hogsheads  of  rum.  7000  weight  of  tobacco. 

10  pipes  of  wine.  2000  weight  of  chocolate. 

500  gallons  of  brandy.  100  weight  of  tea. 

6000  weight  of  muscovado  sugar.  1200  weight  of  raisins. 

300  weight  of  loaf  sugar.  500  weight  of  coffee. 

10  hogsheads  of  molasses.         2000  weight  of  soap. 
2000  weight  of  ginger. 

*  Green  printed  this  act,  together  with  that  passed  in  February,  relating  to 
quarters  for  the  regulars,  (ante,  p.  215,)  but  they  were  not  paged  consecutively  with 
other  laws  by  him  printed. 


232  PUBLIC   RECORDS  [March, 

And  a  suitable  quantity  of  cheese,  candles,  vinegar  and  other 
small  stores;  which  articles  the  commissaries  appointed  to 
attend  the  army  are  directed  to  sell  and  deal  out  to  the  sol- 
diers in  the  pay  of  this  Colony  according  to  the  instructions 
given  them  by  this  Assembly.  That  the  commissaries  provide 
so  many  teams  in  the  Colony  as  they  shall  judge  needful  to 
carry  up  the  goods  from  Albany.  That  in  case  the  troops  of 
this  Colony  shall  be  in  want  of  any  articles  that  are  truly 
necessary  for  their  health  and  comfort,  which  cannot  timely 
be  procured  from  this  government,  the  chief  officers  of  the 
regiments  are  directed  to  give  notice  thereof  to  the  commissary 
residing  at  Albany,  who  is  hereby  ordered  to  provide  the  same. 
That  in  case  the  regimental  officers  shall  think  any  more  or 
other  goods  shall  be  hereafter  needed  for  the  comfort  of  the 
soldiery,  they  are  directed  to  apply  to  his  Honour  the  Gover- 
nor for  any  further  supplies,  and  in  case  the  Governor  think 
such  supplies  needed  he  is  desired  to  direct  the  commissaries 
to  provide  and  forward  the  same,  or  such  part  as  his  Honour 
may  suppose  to  be  expedient. 

Resolved  hy  this  Assembly ,  That  the  commissaries  appointed 
to  make  provisions  for  furnishing  the  forces  ordered  to  be 
raised  by  this  Assembly  be  directed  to  provide  the  officers 
tents  in  the  same  manner  as  was  directed  last  campaign. 

Resolved  hy  this  Assembly,  That  Mr.  John  Law  of  Milford 
be  appointed  a  Commissary  to  reside  at  Albany,  there  to  re- 
ceive, secure  and  forward  the  supplies  to  be  provided  for  the 
troops  of  this  government  and  take  into  custody  guns  and 
[  161]  other  stores  that  shall  be  returned  from  the  army  ||  and 
ship  them  to  the  commissaries  in  the  Colony. 

That  Col.  Thomas  Chandler  be  appointed  a  Commissary  of 
the  first  regiment,  Mr.  Anthony  Carpenter  of  Norwalk  of  the 
second  regiment,  David  Seymour  of  Hartford  of  the  third 
regiment,  and  John  Williams  of  Norwich  of  the  fourth 
regiment,  to  be  raised  by  this  Colony  for  the  ensuing  cam- 
paign; each  of  which  abovementioned  commissaries  shall 
have  eight  pounds  per  month,  accounting  twenty-eight  days 
to  a  month,  for  their  service,  and  their  necessary  expence 
allowed  them. 

.  That  the  four  last  mentioned  commissaries  attend  the 
respective  regiments  they  are  appointed  to  and  deliver 
out  to  the  officers  and  soldiers  of  such  regiment  the 
goods  of  the  Colony  put  into  their  hands,  as  they  shall  re- 
ceive orders  from  the  captain  or  other  principal  officer  of 
each  company  belonging  to  the  regiment,  and  no  otherwise, 
unless  it  be  to  supply  a  regiment  destitute  of  any  article,  and 


1759.]  OP    CONNECTICUT.  233 

then  not  without  the  direction  of  the  chief  officer  of  the  regi- 
ment he  is  appointed  to.  That  said  commissaries  keep  clear 
and  regular  accounts  of  every  article  they  shall  receive  and 
dispose  of  and  to  whom.  Also  that  said  commissaries  shall 
not  sell  to  the  soldiery  any  manner  of  goods  or  merchandize 
besides  those  they  shall  receive  of  the  government.  That  the 
commissaries  who  purchase  the  stores  shall  forward  exact 
invoices  of  the  cost  of  what  goods  they  so  purchase  to  the 
commissary  at  Albany,  who  is  hereby  directed  to  forward  an 
account  thereof  to  the  regimental  commissaries  unto  whom 
the  goods  shall  be  ordered  for  sale.  That  the  regimental 
commissaries  shall  add  50  per  cent,  on  the  cost  of  all  liquids, 
cheese,  tobacco,  sugar,  tea,  raisins,  coffee,  candles  and  soap, 
and  25  per  cent,  on  the  cost  of  cloathing  and  what  other  arti- 
cles shall  be  delivered  to  them  for  sale  not  above  specified,  at 
which  advances,  and  no  other,  said  regimental  officers  shall 
dispose  of  this  Colony's  goods.  That  when  any  of  the  soldiery 
of  this  Colony  shall  be  regularly  permitted  to  return  home 
during  the  continuance  of  the  campaign  and  shall  be  in  want 
of  a  small  sum  of  money  for  rendering  his  march  comfortable, 
on  application  the  commissary  residing  at  Albany  shall  sup- 
ply him  with  what  said  commissary  shall  judge  expedient,  not 
exceeding  in  any  instance  eight  shillings  lawful  money,  and 
all  money  so  paid  shall  be  charged  to  the  receiver.  That  in 
order  to  enable  said  last  mentioned  commissary  to  supply 
such  needy  soldiery,  the  Committee  of  the  Pay-Table  are 
hereby  directed  to  draw  on  the  Treasurer  in  favour  of  the 
said  commissary  for  what  they  shall  judge  necessary  for  the 
purpose.  That  whatever  stores  of  any  kind  may  remain  at 
the  conclusion  of  the  campaign  undisposed  of  and  can't  be 
sold  for  the  benefit  of  the  Colony,  the  regimental  commissa- 
ries take  care  to  return  well  packt  in  a  safe  and  careful  man- 
ner to  the  commissary  at  Albany,  to  be  by  him  safely  shipt 
directed  to  some  one  or  other  of  the  commissaries  in  the 
Colony  who  purchased  the  same,  sending  a  particular  invoice 
with  such  returned  stores,  and  directly  forward  to  the  Com- 
mittee of  the  Pay-Table  their  accounts  of  the  goods  dis- 
posed of. 

It  is  further  resolved,  That  the  regimental  officers  of  the 
troops  of  this  Colony  be  directed,  and  they  are  hereby  directed, 
to  do  what  in  them  lies  to  prevent  all  sutlers  and  others  (not 
appointed  by  this  government,)  selling  or ,  otherwise  dispos- 
ing of  any  sort  of  wares  or  merchandize  whatsoever  to  the 
soldiery  of  this  Colony  during  the  course  of  said  campaign. 

Resolved  by  this  Assembly,  That  the  Committee  of  the  Pay- 

30 


234  PUBLIC   RECORDS  [March, 

Table  be  and  they  are  hereby  directed  and  impowered  to  take 
bonds  with  sufficient  sureties,  payable  to  the  Governor  and 
Company  of  this  Colony,  of  each  of  the  commissaries  ap- 
pointed by  this  Assembly  to  attend  the  army  and  of  him  to 
receive  the  goods  and  stores  of  this  Colony  sent  to  Albany  to 
be  forwarded  with  the  regiments  of  this  Colony  in  the  intended 
expedition  against  Canada,  conditioned  for  their  faithfully 
discharging  the  trust  committed  to  them  by  this  Assembly 
and  to  account  to  the  Governor  and  Company  of  this  Colony 
when  said  expedition  is  over. 

Resolved  hy  this  Assembly,  That  the  Committee  of  the  Pay- 
Table  be  directed,  and  they  are  hereby  directed,  to  take 
sufficient  bond  with  surety  of  every  captain  or  other  officer 
who  shall  be  appointed  and  undertake  to  act  as  pay-master  to 
any  one  of  the  companies  to  be  raised  for  his  Majesty's  ser- 
vice in  pay  of  this  Colony  the  ensuing  campaign,  and  that  in 
such  bond  it  be  provided  every  pay-master  shall  be  obliged 
faithfully  and  justly  to  dispose  of  the  money  he  shall  receive 
for  the  purpose,  and  account  with  the  Committee  of  the  Pay- 
Table  for  the  same. 

[162]  Resolved  hy  this  Assembly,  That  the  several  enlisting 
officers  appointed  for  the  ensuing  campaign  shall  be  paid  out 
of  the  public  treasury  of  this  Colony  three  shillings  lawful 
money  for  each  able-bodied  eifective  man  they  shall  enlist  in 
the  forces  ordered  by  this  Assembly  to  be  raised  for  the  ser- 
vice of  said  campaign,  as  a  recompence  for  their  trouble  and 
expence. 

Whereas  the  several  regiments  and  companies  of  soldiers 
in  this  Colony  raised  for  his  Majesty's  service  stand  distin- 
guisht  in  their  appointment  by  enumeration  only,  which  tlio' 
happening  in  mere  point  of  convenience  yet  may  chance  to 
occasion  some  challenge  or  expectation  of  rank  among  the 
officers  respectively  appointed  to  command  them:  Which  to 
prevent, 

It  is  resolved  by  this  Assembly,  That  no  name  or  distinction 
of  number  of  said  regiments  or  companies  be  intended  or 
understood  in  any  wise  to  determine  or  settle  tlie  rank  of 
their  respective  officers,  but  that  their  just  rank  be  left  and 
reserved  to  be  hereafter  settled  and  ascertained  according  to 
the  rules  and  customs  of  the  army;  any  priority  or  pos- 
teriority of  number  notwithstanding. 

Resolved  by  this  Assembly,  That  if  any  of  the  staff  or  war- 
rant officers  appointed  by  this  Assembly  to  serve  in  the 
following  campaign  shall  decline  or  be  render'd  incapable  of 
the  service,  that  his  Honour  the  Governor  be  and  he  is  hereby 
desired  to  supply  every  such  vacancy. 


1759.]  OP    CONNECTICUT.  ,  2?5 

An  Act  for  the  Supply  of  the  Treasury  in  the  present  extraordinary 

Emergencies. 

Whereas  this  Assembly  in  its  present  session  hath  resolved 
and  ordered  that  the  number  of  three  thousand  six  hundred 
men  shall  be  levied  and  raised  as  soon  as  possible  in  this  Colo- 
ny, to  co-operate  with  and  second  to  the  utmost  the  large  ex- 
pence  and  extraordinary  succours  supplied  by  his  Majesty  for 
the  preservation  and  defence  of  his  Majesty's  subjects  in  North 
America,  and  a  large  sum  being  thereupon  requisite  speedily 
to  advance  and  provide  on  the  part  of  this  government  for  the 
purpose  aforesaid,  and  the  public  treasury  at  present  so  much 
exhausted  by  reason  of  the  great  charges  incurred  in  several 
late  campaigns  and  by  the  fund  heretofore  laid  for  the  sinking 
and  discharging  one  of  the  late  emissions  of  bills  of  credit 
this  present  year  that  the  inhabitants  of  this  Colony  are 
unable  timely  to  afford  a  supply  by  a  tax  adequate  to  the 
large  expence  that  will  necessarily  arise  on  this  important 
occasion:  Therefore, 

Be  it  enacted  hy  the  Grovernor,  Council  and  Represe^itatives, 
in  Gieneral  Court  assembled,  and  hy  the  authority  of  the  same, 
That  there  be  forthwith  imprinted  the  sum  of  forty  thousand 
pounds  in  bills  of  credit  on  this  government  equal  to  lawful 
money,  of  suitable  denominations  from  nine-pence  to  forty- 
shillings,  as  the  committee  herein  appointed  shall  direct,  and 
of  the  same  tenor  of  the  late  emissions  of  bills  of  credit  of 
this  Colony,  with  interest  at  five  per  cent,  per  annmn  and 
payable  at  or  before  the  first  day  of  March  1764,  dated  the 
day  of  the  sessions  of  this  Assembly.  And  the  Hon'''''  Wil- 
liam Pitkin,  Esqi",  John  Cliester,  George  Wyllys  and  Joseph 
Buckingham,  Esq''^  or  any  three  of  them,  are  appointed  a 
committee  for  the  purpose  aforesaid,  and  to  take  care  that 
said  bills  he  printed  with  all  convenient  speed,  and  to  sign 
and  deliver  the  same  to  the  Treasurer,  taking  his  receipt 
therefor.  And  the  said  committee  shall  be  sworn  to  a  faith- 
ful discharge  of  their  trust.  And  the  aforesaid  committee 
are  hereby  directed  to  deliver  to  the  Treasurer  of  this  Colony 
the  twenty  thousand  pounds  bills  of  credit  of  this  Colony 
[163]  emitted  by  act  of  this  Assembly  at  ||  their  sessions  in 
New  Haven  in  February  last,  taking  his  receipt  therefor. 
And  the  said  Treasurer  is  hereby  directed  to  pay  out  all  the 
aforesaid  bills  of  credit  with  the  interest  computed  thereon 
according  to  the  orders  of  this  Assembly. 

And  for  providing  and  establishing  an  ample  and  sufficient 
fund  to  call  in,  sink  and  discharge  the  aforesaid  forty  thousand 
pounds,  according  to  an  act  of  Parliament  made  in  the  24th 
year  of  his  present  Majesty's  reign,  entituled  An  act  to  regulate 


236  PUBLIC  RECOEDS  [March, 

and  restrain  paper  bills  of  credit  in  his  Majesty's  Colonies  of 
Rhode  Island  and  Providence  Plantations,  Connecticut,  the 
Massachiisets  Bay  and  New  Hampshire,  in  America,  and  to 
prevent  the  same  being  legal  tenders  in  payment  of  money, 

Be  it  enacted  hy  the  authority  aforesaid,  That  a  tax  of  ten 
pence  on  the  pound  be  and  is  hereby  granted  and  ordered  to 
be  levied  on  all  the  polls  and  rateaV)le  estate  in  this  Colony 
according  to  the  list  thereof  to  be  brought  in  to  this  Assembly 
in  October  1762,  with  the  additions  ;  which  shall  be  collected 
and  paid  into  the  treasury  of  this  Colony  by  the  last  day  of 
December  1763 ;  which  tax  may  be  discharged  by  paying  the 
bills  emitted  by  this  act  or  lawful  money,  and  no  otherwise 
whatsoever.  And  the  Treasurer  of  this  Colony  is  hereby 
directed  and  ordered  to  send  forth  his  warrants  accordingly. 

And  whereas  a  humble  and  firm  reliance  is  had  by  this 
Assembly  on  a  reimbursement  of  the  charges  arising  from 
this  present  intended  expedition,  in  consequence  of  his 
Majesty's  encouragement  to  recommend  the  same  to  Parlia- 
ment, and  the  monies  for  that  purpose  is  expected  from 
Great  Britain  before  the  time  appointed  for  collecting  the  tax 
abovementioned , 

Be  it  enacted,  by  the  authority  aforesaid,  That  in  case  a 
sum  sufficient  for  the  sinking  and  discharging  the  bills 
emitted  by  this  act  shall  be  reimburst  on  account  of  the  pres- 
ent intended  expedition,  and  shall  arrive  from  Great  Britain 
and  be  lodged  in  the  hands  of  the  Treasurer  of  this  Colony 
at  or  before  the  first  day  of  May  1763,  the  same  shall  be  and 
is  hereby  appropriated  for  the  sinking  and  discharging  the 
bills  aforesaid,  and  the  Treasurer  is  hereby  directed  to  pay 
out  the  same  accordingly,  and  then  the  tax  which  otherwise 
by  this  act  is  hereinbefore  ordered  to  go  forth  is  hereby  made 
null  and  void. 

And  whereas  a  further  supply  of  the  treasury  is  necessary 
to  be  made,  in  order  to  pay  the  men  raised  on  the  present 
occasion  upon  their  return :  Therefore  this  Assembly  grants 
and  orders  a  rate  or  tax  of  seven  pence  on  the  pound  on  all 
the  polls  and  rateable  estate  in  this  Colony,  according  to  the 
list  brought  in  to  this  Assembly  in  October  last  with  the  addi- 
tions, to  be  collected  and  paid  by  the  last  day  of  December 
next  in  lawful  money,  or  bills  of  credit  of  this  Colony  pay- 
able in  lawful  money. 

And  it  is  further  resolved,  That  whenever  any  pay-master 
of  the  moneys  due  on  settlement  of  any  pay-roll  of  any  of  the 
companies  imployed  in  the  service  of  the  ensuing  campaign 
having  obtained  order  on  the  Treasurer  therefor  and  the  same 
exhibited  for  payment,  the  Treasurer  may  on  sight  make  out 


1759.]  OF    CONNECTICUT.  237 

orders  on  the  constables  collectors  of  the  public  tax  in  such 
town  or  towns  whence  the  soldiers  named  in  such  roll  were 
collected,  or  that  may  be  most  convenient  to  facilitate  the 
payment,  payable  to  such  pay-master  or  his  order  in  such 
town  or  towns,  to  the  amount  of  such  pay-roll  or  such  part 
thereof  as  shall  be  needful,  which  orders  such  collectors  are 
directed  to  answer  in  such  manner  as  may  be  most  practica- 
l)le  and  satisfactory.  And  the  Treasurer  is  also  directed  to 
keep  clear  accounts  of  all  such  orders  and  see  that  each  con- 
stable, either  by  money  or  return  of  such  orders  duly 
discharged,  seasonably  settle  and  make  up  his  account  with 
him  according  to  law. 

Resolved  by  this  Assemhly^  That  the  commanding  officers 
of  each  of  the  regiments  raised  in  this  Colony  for  his  Majes- 
ties service  the  ensuing  campaign  be  ordered  and  directed, 
and  they  are  hereby  ordered  and  directed,  to  keep  an  exact 
account  of  the  ranks  and  names  of  all  officers  and  the  names 
of  the  soldiers  under  their  respective  command,  and  of  all 
advancements,  deaths,  discharges  and  desertions  that  shall 
happen  in  their  respective  regiments  during  the  campaign, 
and  of  iho,  day  of  the  return  of  each  company  from  the  service, 
and  of  every  alteration  necessary  to  be  known  in  order  to 
make  u])  an  exact  pay-roll  for  such  regiment,  and  a  return 
thereof  to  make  to  his  Honour  the  Governor  and  another  to  the 
Committee  of  the  Pay-Table,  as  soon  as  the  campaign  is  over, 
and  at  any  other  time  when  his  Honour  the  Governor  shall 
please  to  order  the  same  to  be  done. 

[164]  This  Assembly  grants  to  Phineas  Lyman,  Esq"",  Major- 
General  of  the  forces  to  be  raised  in  this  Colony  for  the 
ensuing  campaign,  in  addition  to  the  wages  already  granted 
him  as  colonel  of  a  regiment  and  captain  of  a  company,  the 
sum  of  four  pounds  per  month  during  the  ensuing  campaign. 

Resolved  by  this  Assembly,  That  his  Honour  the  Governor 
be  and  he  is  hereby  desired  to  render  the  thanks  of  this  As- 
sembly to  Andrew  Oliver,  of  Boston,  Esq^  for  his  care  and 
trouble  about  the  seven  chests  of  money  which  came  per  Capt. 
McTaggart  from  Mr.  Agent  Partridge  for  the  account  of  this 
Colony,  and  inform  that  the  same  came  safe  to  the  hands  of 
our  Treasurer,  and  the  contents  on  examination  found  to  be 
right,  and  that  this  Colony  is  extremely  willing  to  make  a 
reasonable  allowance  for  any  accidents  he  was  answerable  for, 
and  would  gladly  know  what  sum  will  be  satisfactory  to  him. 

Whereas  this  Assembly  is  inform'd  there  are  considerable 
sums  of  money  due  to  several  companies  of  the  Colony's 
troops  for  their  billeting  last  campaign  that   could-  not   be 


288  PUBLIC   RECORDS  [March, 

obtained  from  the  King's  forces  appointed  to  discharge  those 
dues:  Therefore, 

Resolved  hy  this  Assemhhj,  That  the  captain  or  other  chief 
officer  of  every  company  tliat  has  demands  for  billeting  as 
al)Ovementioned  is  hereby  directed  to  draw  out  a  fair  and  par- 
ticular account  thereof  and  forward  the  same -to  the  Pay- 
Table,  to  be  transmitted  to  Major-General  Lyman,  and  that 
application  be  by  him  made  to  his  Excellency  General 
Amherst  for  allowance  and  payment  thereof. 

Resolved  hy  this  Assembly^  That  Jabez  Hamlin,  Esq'',  David 
Rowland,  Mr.  John  Whiting  and  Mr.  Samuel  Grey  be  a  com- 
mittee, to  examine  the  seven  chests  of  money  lately  received 
from  Great  Britain,  weigh  the  same  and  see  how  they  com- 
pare with  the  invoice  therewith  sent  by  Mr.  Agent  Partridge, 
and  count  the  same  out  in  lawful  money  as  established  in  this 
Colony,  and  deliver  the  said  lawful  money  to  the  Treasurer  of 
this  Colony  that  thereby  he  may  be  enabled  to  deliver  the 
same  out  according  to  the  directions  of  this  Assembly  and  to 
accompt  regularly  for  the  same,  and  to  take  the  Treasurer's 
receipt  for  such  sum  they  shall  so  deliver  and  lodge  the  same 
with  the  Secretary  of  this  Colony.* 

Resolved  hy  this  Assembly ,  in  order  to  prepare  and  expedite 
the  accounts  of  the  expence  of  this  government  in  the  last 
campaign  &c.  to  be  sent  to  England,  that  Jonathan  Trumble, 
Esq"",  be  appointed  to  joyn  the  Committee  of  the  Pay-Table  in 
performing  that  service. 

This  Assembly  do  appoint  Capt.  Titus  Hurlburt  to  take 
into  his  care  the  battery  at  New  London  together  with  all  the 
stores  thereto  belonging;  and  he  is  hereby  authorized  and 
impowered  to  receive  of  Col.  Stephen  Lee  of  New  London  all 
the  stores  committed  to  his  care  the  last  year  that  are  left, 
with  an  account  of  what  was  used  and  improved  during  the 
time  said  Jjce  had  the  care  thereof.  And  the  said  Hurlburt 
is  further  impowered  to  appoint  some  suitable  person  to  be 
gunner  thereof,  and  that  on  the  10th  day  of  May  next  he 
inlist  or  detach  twenty  men  near  said  battery,  to  be  under 
the  care  and  command  of  said  Hurlburt,  to  assist  him  in  said 
battery,  and  that  one  of  said  men  duly  attend  the  said  cap- 
tain's command  in  his  turn,  to  watch  and  ward  in  said  battery 
from  the  said  10th  day  of  May  next  until  said  1st  day  of 
October  next.  That  said  Capt.  Titus  Hurlburt  shall  be  al- 
lowed for  his  service  six  pounds.     That  the  gunner  shall  be 

*The  committee  reported  that  they  found  silver  and  gold  amounting  to  £7475 
18s.  Qd.  lawful  money. — Finance  Sf  Currency,  iv,  229. 


1759.]  OP    CONNECTICUT.  239 

allowed  for  his  service  two  pounds,  and  that  each  man  shall 
be  allowed  for  his  service  three  shillings  per  day  for  each  day 
he  shall  ward  and  watch. 

This  Assembly  do  establish  Benjamin  Wilkinson  to  be  Lieu- 
tenant of  the  16th  military  company  in  the  11th  regiment  in 
this  Colony. 

[165]  This  Assembly  do  establish  Mr.  Daniel  Marsh  to  be 
Ensign  of  the  1st  company  or  trainband  in  the  town  of 
Hartford. 

This  Assembly  do  establish  Mr.  Phineas  Green  to  be  En- 
sign of  the  12th  military  company  or  trainband  in  the  11th 
regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Philip  Mortimer  to  be  Cap- 
tain of  the  2d  company  or  trainband  in  the  6th  regiment  in 
this  Colony. 

Whereas  this  Assembly  is  informed  that  Mr.  Benjamin  Lee 
of  "Plainfield,  who  was  appointed  to  be  captain  of  a  company 
in  the  pay  of  this  Colony  the  last  cam])aign  and  that,  to  enable 
him  to  pay  the  bounty  and  other  sums  to  the  company  he  was 
then  to  raise,  he  received  by  orders  from  the  Pay-Table  sun- 
dry sums  of  money  out  of  the  treasury  of  this  Colony  and 
sundry  blankets  and  knapsacks  of  the  commissary,  of  which 
it  is  said  the  whole  has  not  been  appropriated  to  the  use  for 
which  it  was  drawn  out  of  said  treasury :  Therefore  this  As- 
sembly do  appoint  Mr.  Jedidiah  Elderkin  of  Windham,  and 
he  is  hereby  appointed,  impowered  and  directed,  forthwith  to 
apply  to  the  aforesaid  Capt.  Lee  to  account  for  said  sums  of 
money  &g.  by  him  so  received,  and  receive  of  him  the  balance 
thereof  in  his  hands  due  to  this  Colony,  and  pay  the  same  to 
the  Treasurer  of  this  Colony,  taking  his  receipt  for  the  same ; 
and  in  case  the  aforesaid  Capt.  Lee  shall  refuse  to  account 
and  pay  the  balance  in  his  hands,  then  to  commence  and 
prosecute  a  proper  action  or  actions  in  the  law  for  the  re- 
covery of  the  same  for  the  use  of  this  Colony  and  pay  such 
sum  or  sums  (which  may  be  so  recovered)  when  received  to 
the  Treasurer  as  aforesaid,  taking  his  receipt  for  the  same, 
and  also  deliver  such  of  said  blankets  &c.  he  shall  receive  of 
the  aforesaid  Capt.  Lee  to  some  one  of  the  commissaries 
appointed  by  this  Assembly. 

Upon  the  memorial  of  Israel  Putnam  of  Pomfret,  shewing 
to  this  Assembly  that  sometime  in  the  month  of  August  last 
he,  being  then  in  the  service  of  this  Colony,  had  the  misfor- 
tune to  be  taken  prisoner  and  carried  to  Canada,  where  he 
continued  for  the  space  of  three  months  and  suffered  much 
hardship  and  was  obliged  to  expend  about  sixty  guineas  for  his 


240  PUBLIC   RECORDS  [March, 

necessary  support ;  praying  this  Assembly  to  order  said  sum 
to  be  refunded  him  &c.  as  per  memorial  on  file  &c. :  Resolved 
by  this  Assembly,  that  the  Treasurer  of  this  Colony  be  and  he 
is  liereby  ordered  and  directed  to  pay  to  said  Putnam  out  of 
the  public  treasury  of  this  Colony  the  sum  of  seventy  pounds 
lawful  money,  taking  his  receipt  for  the  same. 

Upon  the  memorial  of  Elisha  Waterman  juiv  of  Norwich, 
shewing  to  this  Assembly  that  he  was  a  lieutenant  in  the  ser- 
vice of  this  Colony  in  the  year  1756,  and  while  in  that  service 
was  taken  prisoner  and  carried  to  Canada  and  from  thence 
sent  to  England,  during  which  time  [he]  borrowed  large 
sums  of  money  of  Col.  Peter  Schuyler  and  others,  to  support 
him  while  in  captivity  and  pay  the  charges  of  sickness  &c. ; 
praying  this  Assembly  to  grant  him  a  proper  sum  out  of  the 
public  treasury  to  enable  him  (with  the  forty  pounds  already 
granted)  to  pay  said  sum  borrowed,  and  likewise  grant  his 
wages  during  said  time,  as  per  memorial  on  file  &c. :  Resolved 
by  this  Assembly,  that  said  Waterman  shall  have  the  sum  of 
twenty  pounds  lawful  money  paid  him  out  of  the  treasury  as 
a  grant  on  said  memorial,  and  the  Treasurer  is  hereby  ordered 
to  pay  the  same  accordingly,  taking  his  receipt  for  the  same. 

Upon  the  memorial  of  kSamuel  Hoit  jun""  of  Stanford,  shew- 
ing to  this  Assembly  that  his  son  Joseph  Hoit  (who  is  under 
his  parental  care)  was  the  last  summer  a  volunteer  soldier  in 
his  Majesty's  service  under  the  command  of  Capt.  David 
Waterbury  of  said  Stanford,  in  Col.  Wooster's  regiment,  and 
in  the  battle  of  Ticonderoga  was  wounded  by  the  enemy,  and 
that  he  was  by  the  officers  sent  home  and  on  the  27th  of  July 
last  he  got  home,  to  which  time  he  received  wages  and  no 
longer,  from  which  time  he  continued  lame  with  said  wounds 
to  the  last  of  November  last ;  praying  for  allowance  <fec. : 
This  Assembly  grants  to  the  memorialist  the  sum  of  eight 
pounds  to  be  paid  out  of  the  Colony  treasury,  and  the  Treas- 
urer is  hereby  ordered  and  directed  to  pay  the  same  accord- 
ingly. 

On  the  memorial  of  Hope  Hart,  of  Farmington  in  the  county 
of  Hartford,  administratrix  on  the  estate  of  Elias  Hart.of  said 
Farmington,  deceased,  shewing  to  this  Assembly  that  the 
debts  due  from  said  estate,  with  some  necessaries  set  out  to 
his  widow,  surmount  the  moveal)le  estate  of  said  deceased  the 
sum  of  thirty-eight  pounds  eighteen  shillings  three  pence  ; 
[166]  praying  for  liberty  to  sell  ||  so  nmch  of  the  real  estate 
of  said  deceased  as  to  make  said  sum,  taking  the  advice  of  the 
court  of  probate  for  the  district  of  Hartford  therein,  as  per 
memorial  on  file:   Resolved  by  this  Assembly,  that  the  said 


1759.]  OP    CONNECTICUT.  241 

memorialist,  with  Mr.  John  Jiidd  of  Farmington,  be  appointed 
and  they  are  hereby  appointed  and  impowered,  to  sell  so  much 
of  the  real  estate  of  said  deceased  as  to  make  said  sum  of  .£38 
18s.  Sd.  lawful  money  with  the  incident  charges  thereon  aris- 
ing ;  taking  the  direction  of  the  court  of  probate  for  the  district 
of  Hartford  therein. 

Upon  the  memorial  of  Silas  Hamilton,  Benjamin  Benedict, 
Thomas  Stevens,  Comfort  Hoit  and  Thomas  Starr  jun', listers 
for  the  town  of  Danbury  for  the  year  1757,  shewing  to  this  As- 
sembly that  the  memorialists  sent  in  to  this  Assembly  at  their 
session  at  Hartford  in  May  1758,  additions  to  the  list  of  the 
town  of  Danbury  for  the  year  1757,  of  fourfold  assessments 
the  sum  of  X434,  and  that  by  mistake  said  additions  were 
return'd  to  the  Treasurer  of  this  Colony  as  single  additions, 
whereby  the  memorialists  are  deprived  of  one  half  of  the 
money  collected  on  said  fourfold  additions  ;  praying  this  As- 
sembly to  order  the  Treasurer  of  this  Colony  to  pay  the  same 
to  them :  Resolved  by  this  Assembly,  that  the  Treasurer  of 
this  Colony  pay,  and  he  is  hereby  ordered  to  pay,  to  the  mem- 
orialists one  half  of  the  money  that  hath  been  or  that  shall  be 
collected  and  paid  into  the  treasury  of  this  Colony  upon  said 
fourfold  additions. 

Upon  the  memorial  of  Lemuel  Dean  of  Plainfield,  repre- 
senting that  in  the  fight  with  the  enemy  under  Major  Putnam 
in  the  year  past  he  received  a  grievous  wound  in  his  wrist,  and 
thereby  was  laid  under  difficult  circumstances  and  had  been 
for  a  long  time  unable  to  do  anything  for  support  of  himself 
or  family ;  praying  for  some  relief,  as  per  memorial  on  file 
&c. :  It  is  therefore  granted  and  resolved  by  this  Assembly, 
that  the  said  Lemuel  Dean  shall  be  paid  out  of  the  public 
treasury  of  this  Colony  the  sum  of  fifteen  pounds  lawful 
money,  and  a  copy  of  this  resolve  shall  be  a  sufficient  war- 
rant to  the  Treasurer  to  pay  the  same. 

Upon  the  memorial  of  Peter  Wooster  of  Darby,  shewing 
to  this  Assembly  that  the  memorialist  being  an  ensign  in 
Col.  Whiting's  regiment  in  the  service  of  this  Colony  for  the 
last  campaign,  and  being  in  the  engagement  at  Wood  Creek 
on  the  8th  of  August  last  had  the  misfortune  to  have  six 
musket  balls  shot  thro'  him,  his  left  elbow  and  wrist  and  hand 
broke  to  pieces  by  the  blows  of  a  hatchet,  and  had  nine  blows 
on  his  head  with  a  hatchet,  till  he  was  kill'd  as  the  enemy 
supposed,  on  which  they  scalped  and  stripped  him  and  left 
him  on  the  ground,  but  being  taken  up  by  his  friends  is  re- 
covered to  a  considerable  degree  of  health,  but  that  his  arms 
are  so  disabled  as  to  be  almost  useless  in  the  common  labours 
31 


242  PUBLIC   RECORDS  •  [March, 

of  life  &c. ;  praying  this  Assembly  to  make  him  such  grant  or 
allowance  as  they  shall  think  just  &c. :  Resolved  by  this  As- 
sembly, that  the  memorialist  shall  have  paid  to  him  out  of  the 
treasury  of  this  Colony  the  sum  of  forty  pounds  lawful  money, 
and  the  Treasurer  is  hereby  ordered  to  pay  the  same  to  him 
accordingly.  "^ 

Upon  the  memorial  of  Rufus  Chapman  of  New  London, 
shewing  to  this  Assembly  that  he  inlisted  into  the  service  of 
this  Colony  in  the  expedition  designed  against  Canada  in  the 
year  1758,  in  the  company  under  the  command  of  Capt.  Jona- 
than Latimer  jun''  of  said  New  London,  and  accordingly  went 
into  the  service  aforesaid  and  exerted  himself  therein  to  the 
utmost  of  his  power  till  sometime  in  the  month  of  August  last, 
being  on  a  scout  with  Major  Rogers  and  Putnam,  he  was 
[  167  ]  taken  ||  prisoner  by  the  enemy  and  lost  his  cloathing, 
and  himself  carried  to  Canada  and  there  held  prisoner  till  he 
was  redeemed  by  Col.  Schuyler  for  the  sum  of  seven  pounds 
ten  shillings  sterling  money ;  that  on  the  request  of  said 
memorialist  Col.  Eleazer  Fitch  paid  said  sum  to  said  Col. 
Schuyler ;  praying  that  this  Assembly  would  grant  the  said 
memorialist  should  be  paid  the  said  sum  out  of  the  public 
treasury  of  this  Colony,  as  per  memorial  on  file  &c. :  Resolved 
by  this  Assembly,  that  the  Treasurer  of  this  Colony  be  and 
he  is  hereby  ordered  and  directed  to  pay  (of  the  bills  of  credit 
on  this  Colony  in  his  hands)  to  said  memorialist  the  sum  of 
ten  pounds  lawful  money,  taking  his  receipt  for  the  same. 

Upon  the  memorial  of  Elijah  Brunson  of  Farmington,  shew- 
ing to  this  Assembly  that  on  the  24th  or  25th  day  of  January 
last  he  received  of  Judah  Hart  one  thirty-shilling  bill  of  the 
Colony  of  Connecticut  of  August  emission,  delivered  the  same 
to  his  wife,  and  she  let  the  same  accidently  drop  into  the  fire, 
and  notwithstanding  she  did  all  that  she  could  to  save  the  same, 
yet  it  was  almost  consumed  and  entirely  lost ;  and  praying 
to  have  the  value  of  the  same  paid  to  him  out  of  the  treasury 
of  this  Colony :  Resolved  by  this  Assembly,  that  the  Treasurer 
of  this  Colony  pay  said  Brunson  the  value  of  said  bill,  and  he 
is  hereby  ordered  to  pay  the  same  accordingly. 

Upon  the  memorial  of  William  Clark  of  Lebanon,  adminis- 
trator on  the  estate  of  Pelatiah  Webster  of  said  town,  (de- 
ceased,) shewing  that  the  moveable  estate  of  said  deceased, 
besides  what  real  estate  hath  been  already  sold  by  leave  from 
the  General  Assembly,  is  insufficient  to  pay  the  debts  due 
from  said  estate  the  sum  of  twenty-five  pounds  lawful  money ; 
praying  leave  to  sell  so  much  of  the  real  estate  of  said  de- 
ceased as  will  enable  him  to  pay  the  same  :  Resolved  by  this 


1759.]  OF    CONNECTICUT,  243 

Assembly,  that  the  memorialist  be  and  he  is  hereby  impower'd 
to  sell  so  much  of  the  real  estate  of  the  said  deceased  as  will 
enable  him  to  pay  said  sum  of  twenty-five  pounds  in  lawful 
money  yet  due  from  said  estate,  with  the  incident  charges 
arising  thereon ;  taking  the  direction  of  the  court  of  probates 
for  the  district  of  Windham  therein. 

Upon  the  memorial  of  John  House  junr  of  Glassenbury, 
shewing  to  this  Assembly  that  on  the  11th  day  of  March 
instant  his  father,  John  House  of  said  Glassenbury,  being- 
then  delirious,  took  the  pocket-book  of  said  memorialist, 
wherein  he  then  had  of  the  bills  of  credit  of  this  Colony,  viz : 
one  ten-shilling  bill  emitted  August  27th  1755,  and  also  one 
forty-shilling  bill,  and  also  one  twenty-sliilling  bill,  both 
emitted  March  8th  1758 ;  that  said  John  House  then  and 
there  threw  said  pocket-book  and  bills  into  the  fire,  by  which 
the  said  pocket-book  and  all  said  bills  were  consumed  &c. ; 
praying  that  said  memorialist  might  be  paid  the  value  of  said 
bills  out  of  the  public  treasury  &c.  as  per  memorial  on  file : 
Resolved  by  this  Assembly,  that  the  Treasurer  of  this  Colony 
be  and  he  is  hereby  ordered  and  directed  to  pay  to  the  afore- 
said John  House  jun''  the  sum  of  three  pounds  fourteen  shil- 
ings  and  seven  pence  in  the  bills  of  credit  on  this  Colony  now 
in  his  hands ;   taking  the  receipt  of  said  House  for  the  same. 

Upon  the  memorial  of  the  selectmen  of  the  town  of  Nor- 
walk,  representing  that  the  inhabitants  of  said  town  omitted 
carrying  into  their  accounts  of  the  charges  and  cxpences  for 
quartering  and  billeting  two  companies  of  Col.  Frazer's  high- 
land battalion,  which  were  had  before  and  allowed  at  the 
General  Assembly  in  October  last,  several  articles  of  charges 
and  expences  for  quartering,  billeting  &c. ;  praying  for  a  re- 
im])ursement  of  the  same :  Resolved  by  this  Assembly,  that 
the  Treasurer  of  this  Colony  be  and  hereby  is  ordered  and 
directed  to  pay  out  of  the  Colony  treasury  to  the  selectmen  of 
Norwalk,  for  the  use  of  the  inhabitants  of  Norwalk,  the  sum 
of  five  pounds  fifteen  shillings  and  seven  pence  lawful  money, 
for  the  charges  and  expence  above  referred  to. 

This  Assembly  is  adjourned  until  the  Governor,  or  in  his 
absence  the  Deputy  Governor,  shall  see  cause  to  call  it  to 
meet  again. 

Teste  George  Wyllys  Secret'ry. 


> 


Assistants. 


244  PUBLIC  RECORDS  [May, 

[169]     Anno  Regni  Regis  G-eorgii  secundi  'tricesimo-secundo. 

At  a  General  Assembly  op  the  Governor  and  Company 
OF  HIS  Majesty's  English  Colony  of  Connecticut  in  New 
England  in  America  holden  at  Hartford  in  said  Colony 
on  the  second  Thursday  of  May  (being  the  tenth  day 

OF  SAID  month,)  and  CONTINUED  BY  SEVERAL  ADJOURNMENTS 

until  the  seventh  day  of  june  next  following,  annoque 
Domini  1759. 

Present : 
The  Honourable  Thomas  Fitch,  Esq"",  Grovernor. 
The  Hon'^'e  William  Pitkin,  Esq'',  Deputy  Grovernor. 
Roger  Newton,  Thomas  Wells, 

Ebenezer  Silliman,         Benjamin  Hall, 
Jonathan  Trumble,        Roger  Wolcott  Jun^, 
Hezekiah  Huntington,   Daniel  Edwards, 
Andrew  Burr,  Jabez  Hamlin, 

John  Chester, 

Representatives  or  Deputies  of  the  several  Towns  hereafter 
mentioned  who  attended  at  this  Assembly,  viz  : 

Col.  Joseph  Pitkin,  Col.  Samuel  Talcott,  for  Hartford. 

Mr.  John  Whiting,  Mr.  Daniel  Lyman,  New  Haven. 

Mr.  David  Gardner,  Capt.  Pygan  Adams,  for  New  London. 

Mr.  David  Rowland,  Mr.  William  Burr,  for  Fairfield. 

Col.  Eliphalet  Dyer,  Mr.  Samuel  Gray,  for  Windham. 

Capt.  Elisha  Sheldon,  Mr.  Jacob  Woodruff,  for  Litchfield. 

Capt.  Jabez  Huntington,  Mr.  Isaac  Tracy,  for  Norwich. 

Col.  Shubael  Conant,  Mr.  William  Hall,  for  Mansfield. 

Col.  Robert  Walker,  Capt.  Samuel  Adams,  for  Stratford. 

Col.  Andrew  Ward,  Mr.  James  Robinson,  for  Guilford. 

Col.  Joseph  Fowler,  Mr.  William  Williams,  for  Lebanon. 

Major  Edward  Allin,  Capt.  Joseph  Woodruff,  for  Milford. 

Mr.  Josiah  Converse,  Mr.  David  Orcut,  for  Stafford. 

Mr.  Jacob  Dressor,  Mr.  Ebenezer  Learned,  for  Killingsly. 

Mr.  Charles  Webb,  Mr.  Abraham  Davenport,  for  Stanford. 

Mr.  Seth  Wetmore,  Capt.  John  Fisk,  for  Middleton. 

Mr.  John  Clap,  Capt.  Jabez  Sherwood,  for  Greenwich. 

Mr.  Hezekiah  Brainard,  for  Haddam. 

Capt.  Elijah  Worthington,  Mr.  Dudley  Wright,  for  Colchester. 

Mr.  William  Tully,  Capt.  John  Murdock,  for  Sayljrook. 

Capt.  Matliew  Griswold,  {chosen  Assistant,')  Mr.  Uriah  Row- 
land, (excluded,)  for  Lyme. 

Mr.  Samuel  Barker,  Capt.  William  Hodely,  for  Branford. 

Col.  Christopher  Avery,  Capt.  Jabez  Smith,  for  Groton. 

Capt.  Robert  Dixon,  Mr.  Robert  Jemison,  for  Voluntown. 

Capt.  Samuel  Morgan,  Capt.  Nathan  Leonard,  for  Preston. 


1759.]  OP    CONNECTICUT.  245 

Mr.  Gideon  Thompson,*  Capt.  Samuel  Pettebone,  for  Goshen. 

Mr.  Nathaniel  Davis,  Capt.  Abijah  Catling,  for  Harrington. 

Col.  John  Williams,  Capt.  John  Balding,  for  Stonington.  c 

Mr.  James  Wadsworth,  Col.  Elihu  Cliauncey,  for  Durham. 

Mr.  Erastus  Wolcott,  for  Windsor. 

Mr.  Daniel  Sherman,  Capt.  Increase  Mosely,  for  Woodbury. 

Mr.  Charles  Whittlesey,  Capt.  Samuel  Hall,  for  Wallingford. 

Mr.  Roger  Sherman,  Mr.  Bushnel  Bostick,  for  New  Milford. 

Mr.  Samuel  Olmsted,  Mr.  John  Benedict,  for  Ridgfield. 

Mr.  David  Phelps,  Capt.  Jonathan  Pettibone,  for  Symsbury. 

Mr.  Comfort  Starr,  Capt.  Lemuel  Bebee,  for  Danbury. 

Capt.  Obadiah  Johnson,  Capt.  Jabez  Fitch,  for  Canterbury. 

Mr.  Daniel  Brainard,  for  East  Haddam. 

[170]     Mr.  Daniel  Booth,  Mr.  Richard  Pairman,  for  Newton. 

Capt.  James  Landon,  Capt.  Samuel  Moor,  for  Salisbury. 

Mr.  Joseph  Piatt,  for  Norwalk. 

Major  Ezekiel  Pierce,  Capt.  Benjamin  Wheeler,  for  Plainfield. 

Capt.  Timothy  Judd,  Mr.  Gideon  Hotchkiss,  for  Waterbury. 

Mr.  Benjamin  Gale,  Col.  Aaron  Elliot,  for  Killingsworth. 

Mr.  Zebulon  West,  Capt.  Joshua  Wills,  for  Tolland. 

Mr.  Joseph  Sexton,  for  Somers. 

Mr.  Joseph  Strong,  for  Coventry. 

Mr.  Alexander  Phelps,  Mr.  John  Phelps,  for  Hebron. 

Capt.  Samuel  Basset,  Mr.  Daniel  Holbrook,  for  Derby. 

Mr.  Isaac  Johnson,  Mr.  Manasah  Hosmer,  for  Woodstock. 

Capt.  Isaac  Kellogg,  for  New  Hartford. 

Mr.  Isaac  Kimberly,  Mr.  John  Wells,  for  Glassenbury. 

Mr.  Elijah  Hammond,  Capt.  Joel  White,  for  Bolton. 

Mr.  Ebenezer  Williams,  Mr.  Jonathan  Dressor,  for  Pomfret. 

Mr.  Elisha  Williams,  for  Weathersfield. 

Mr.  Amos  Babcock,  Capt.  Jedidiah  Fay,  for  Ashford. 

Capt.  Samuel  Kent,  Capt.  Benjamin  Kent,  for  Suffield. 

Mr.  Edward  Collins,  Capt.  Joseph  Olmsted,  for  Enfield. 

Mr.  John  Strong,  Capt.  William  Wadsworth,  for  Farmington. 

Capt.  Benjamin  Cole,  Mr.  Andrew  Stephens,  for  Canaan. 

Col.  Shubael  Conant,  Speaker,  )  of  the  House  of  Repre- 
Capt.  Jabez  Huntington,  Clerk,  j  sentatives. 

This  day  being  appointed  by  the  royal  charter  and  the  laws 
of  this  Colony  for  the  Election  of  the  public  officers  of  the 
Colony,  viz :  Governor,  Deputy  Governor,  Assistants,  Treas- 
urer, and  Secretary,  proclamation  was  made,  and  then  the  votes 
of  the  freemen  were  given  in  to  the  persons  appointed  by  the 
Governor,  Council  and  Representatives,  to  receive,  sort  and 

*  Mr.  Thompson  died  May  21st,  1759,  in  his  56th  year,  and  lies  buried  in  the 
old  cemetery  at  Hartford. 


246  PUBLIC  RECORDS  [May, 

count  them;  which  persons  so  appointed  were,  Ebenezer  Silli- 
man,  Jonathan  Trumble,  Hezekiah  Huntington,  Andrew  Burr, 
John  Chester,  Thomas  Wells,  Benjamin  Hall,  Roger  Wolcott 
junr,  Daniel  Edwards,  and  Jabez  Hamlin,  Esq''^  Messrs.  Sam- 
uel Talcott,  Elisha  Williams,  Elihu  Chauncey,  Edward  Allin, 
Christopher  Avery,  Pygan  Adams,  David  l^owland,  Joseph 
Plat,  Samuel  Gray,  Otadiah  Johnson,  Daniel  Sherman  and 
Increase  Mosely,  who  were  all  sworn  to  a  faithful  discharge  of 
that  trust.  And  the  votes  of  the  freemen  being  brought  in, 
sorted  and  counted, 

The  Honourable  Thomas  Fitch,  Esq"",  is  chosen  Governor 
of  this  Colony  for  the  year  ensuing. 

The  Honij'e  William  Pitkin,  Esq"",  is  chosen  Deputy  Gov- 
ernor for  the  year  ensuing. 

Roger  Newton,  Esq'',  Ebenezer  Silliman,  Esq"",  Jonathan 
Trumble,  Esq%  Hezekiah  Huntington,  Esq"",  Andrew  Burr, 
Esq"",  John  Chester,  Evsq*",  Thomas  Wells,  Esq"",  Benjamin 
Hall,  Esq"",  Roger  Wolcott  jun"",  Esqf,  Daniel  Edwards,  Esq"", 
Jaljez  Hamlin,  Esq"",  Matthew  Griswold,  Esq"",  were  chosen 
Assistants  for  the  year  ensuing. 

Joseph  Talcott,  Esq"",  is  chosen  Treasurer  of  this  Colony 
for  the  year  ensuing. 

George  Wyllys,  Esq"",  is  chosen  Secretary  of  this  Colony 
for  the  year  ensuing. 

The  Governor's  oath  prescribed  by  the  law  of  tliis  Colony 
and  the  oath  required  by  act  of  Parliament,  relating  to  Trade 
and  Navigation,  were  administred  by  the  Hon^'e  William 
Pitkin,  Esq'',  Deputy  Governor,  to  the  Hon^ie  Thomas  Fitcli, 
Esq"",  now  chosen  Governor,  in  the  presence  of  this  Assembly. 
[171]  The  Hon''ie  William  Pitkin,  Esq"-,  (now  chosen  Dep- 
uty Governor,)  had  the  Deputy  Governor's  oath  prescribed 
by  law  administred  to  him  by  his  Honour  the  Governor  in 
the  presence  of  the  Assembly. 

The  Assistant's  oath  prescribed  hj  law  was  administred  by 
his  Honour  the  Governor  to  Roger  Newton,  Esq"",  Ebenezer 
Silliman,  Esq'',  Jonathan  Trumble,  Esq"",  Hezekiah  Hunting- 
ton, Esq"",  Andrew  Burr,  Esq"",  John  Chester,  Esq'',  Thomas 
Wells,  Esq"",  Benjamin  Hall,  Esq'',  Roger  Wolcott  jun"".  Esq"", 
Daniel  Edwards,  Esq'',  Jabez  Hamlin,  Esq'',  Matthew  Gris- 
wold, Esq"",  (now  chosen  Assistants,)  in  the  presence  of  the 
Assembly. 

The  Secretary's  oath  prescribed  by  law  was  administred 
by  his  Honour  the  Governor  to  George  Wyllys,  Esq'",  (now 
chosen  Secretary,)  in  the  presence  of  the  Assembly. 

Ordered,     That  John  Chester,  Esq"",  and  Mr.  Elisha  Williams 


17o9.]  OF    CONNECTICUT.  247 

return  the  tlianks  of  this  Assembly  to  the  Revi'  Mr.  James 
Lock  wood,  for  his  sermon  delivered  before  this  Assembly, 
(on  the  lOtli  instant,)  and  desire  a  copy  thereof  that  it  may 
be  printed. 

This  Assembly  do  appoint  the  Honi^ie  William  Pitkin,  Es([' , 
to  be  Chief  Judge  of  the  Superior  Courts  in  this  Colony  the 
year  ensuing. 

This  Assembly  do  appoint  El)enezer  Silliman,  Roger  Wol- 
cott  jun^,  Joseph  Fowler  and  Daniel  Edwards,  Esq""*^,  to  be 
Judges  of  the  Superior  Courts  in  this  Colony  the  year  ensuing. 

This  Assembly  do  appoint  Jabez  Hamlin,  Esq"",  to  be  Judge  of 
the  County  Court  in  and  for  the  county  of  Hartford  the  year 
ensuing. 

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

This  Assembly  do  appoint  Hezekiah  Huntington,  Esq"",  to 
be  Judge  of  the  County  Court  in  and  for  the  county  of  New 
London  the  year  ensuing. 

This  Assembly  do  appoint  Andrew  Burr,  Esq"",  to  be  Judge 
of  the  County  Court  in  and  for  the  county  of  Fairfield  the 
year  ensuing. 

This  Assembly  do  appoint  Jonathan!  Trumble,  Esq'",  to  be 
Judge  of  the  County  Court  in  and  for  the  county  of  Wind- 
ham the  year  ensuing. 

This  Assembly  do  appoint  John  Williams,  Esq"",  to  be 
Judge  of  the  County  Court  in  and  for  the  county  of  Litch- 
field the  year  ensuing. 

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

This  Assembly  do  appoint  John  Hubbard,  Esq"",  to  be  Judge 
of  the  Court  of  Probate  in  the  district  of  New  Haven  the 
year  ensuing. 

This  Assembly  do  appoint  Gurdon  Saltonstall,  Esq"",  to  be 
Judge  of  the  Court  of  Probate  in  the  district  of  New  London 
the  year  ensuing. 

This  Assembly  do  appoint  Andrew  Burr,  Esq"",  to  be  Judge 
of  tlie  Court  of  Probate  in  the  district  of  Fairfield  the  year 
ensuing. 

This  Assembly  do  appoint  Jonathan  Trumble,  Esq"",  to  be 
Judge  of  the  Court  of  Probate  in  the  district  of  Windham 
the  year  ensuing. 

This  Assembly  do  appoint  John  Creary,  Esq'",  to  be  Judge 
of  the  Court  of  Probate  in  the  district  of  Plainfield  the  year 
ensuing. 


248  PUBLIC  RECORDS  [May, 

This  Assemlily  do  appoint  Timothy  Stone,  Esq"",  to  be 
Judge  of  the  Court  of  Probate  in  the  district  of  Guilford  tlie 
year  ensuing. 

This  Assembly  do  appoint  Daniel  Sherman,  Esq"",  to  be 
Judge  of  tlie  Court  of  Prolmte  in  the  district  of  Woodbury 
the  year  ensuing. 

This  Assembly  do  appoint  Jonathan  Hoit,  Esq"",  to  be  Judge 
of  the  Court  of  Probate  in  the  district  of  Stanford  the  year 
ensuing. 

This  Assembly  do  appoint  Joseph  Spencer,  Esq"",  to  be 
Judge  of  the  court  of  Probate  in  the  district  of  East  Haddam 
the  year  ensuing. 

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

This  Assembly  do  appoint  Thomas  Benedict,  Esq"",  to  be 
Judge  of  the  Court  of  Probate  in  the  district  of  Danhury  the 
year  ensuing. 

This  Assembly  do  appoint  Hezekiah  Huntington,  Esq"",  to 
be  Judge  of  the  Court  of  Probate  in  the  district  of  Norwich 
the  year  ensuing. 

This  Assembly  do  appoint  Jabez  Hamlin,  Esq'",  to  be 
Judge  of  the  Court  of  Probate  in  the  district  of  Middleton 
the  year  ensuing. 

This  Assembly  do  appoint  Ebenezer  Williams,  Esq"",  to  be 
Judge  of  the  Court  of  Probate  in  the  district  of  Pomfret  the 
year  ensuing. 

This  Assemljly  do  appoint  John  Williams,  Esq*",  to  be 
Judge  of  the  Court  of  Probate  in  the  district  of  Sharon  the 
year  ensuing. 

[172]  Whereas  Joseph  Spencer,  Esq"",  is  appointed  by  this 
Assembly  to  be  judge  of  probate  for  the  district  of  East 
Haddam  for  the  year  ensuing,  and  considering  that  he  is 
now  gone  Lt.  Colonel  in  one  of  the  regiments  raised  in  this 
Colony  for  the  service  of  the  present  campaign,  and  that  it  is 
not  convenient  that  said  district  remain  destitute  of  a  judge 
of  probate  during  his  absence  in  said  service:  Therefore, 
this  Assembly  do  appoint  Alexander  Phelps,  Esq"',  to  be 
Judge  of  Probate  for  the  district  of  East  Haddam  until  the 
first  day  of  November  next,  in  the  room  of  said  Joseph 
Spencer,  Esq"". 

This  Assembly  do  appoint  Zebulon  West,  Esq*",  to  be  Judge 
of  Probate  for  the  district  of  Stafford  for  the  year  ensuing. 

This  Assembly  do  appoint  Joseph  Buckingham,  Joseph 
Pitkin,  William  Wolcott,  John  Humphry,  Esq''^,  to  be  Justices 


1759.]  OP    CONNECTICUT.  249 

of  the  Peace  and  Quorum  for  the  county  of  Hartford  for  the 
year  ensuing. 

This  Assembly  do  appoint  Phineas  Lyman,  Esq"",  Joseph 
Talcott,  George  Wyllys,  John  Ledyard,  Thomas  Hosmer, 
Jonathan  Hills,  Elizur  Goodrich,  Jonathan  Belding,  Daniel 
Bissell,  Samuel  Eno,  Pelatiah  Mills,  Joseph  White,  Thomas 
Johnson,  Seth  Wetmore,  Joseph  Southmayd,  Joseph  Hooker, 
Solomon  Whitman,  John  Hooker,  Jared  Lee,  Hezekiah  Gridly, 
Joseph  Hart,  Joseph  Wilcockson  the  2d,  John  Owen,  Samuel 
Kent  jun%  Jonathan  Hale,  David  Hubbard,  Hezekiah  Brain- 
ard,  Jose].>h  Wells,  Joseph  Spencer  of  East  Haddam,  Daniel 
Cone,  Nathaniel  Foot,  John  Watrous,  Jonathan  Kilborn  jun"", 
Joseph  Phelps,  John  Phelps,  Samuel  Gilbert  jun'",  Alexander 
Phelps,  Zeljulon  West,  Thomas  Pitkin,  Ephraim  Terry, 
Samuel  Reynolds,  Isaac  Pinney,  John  Mirick,  Samuel  Talcott, 
Daniel  Brainard  the  2d,  Esq",  to  be  Justices  of  the  Peace  in 
and  for  the  county  of  Hartford  for  the  year  ensuing. 

This  Assembly  do  appoint  Benjamin  Hall,  Esq' ,  Justice  of 
Quorum  in  the  county  of  New  Haven  the  year  ensuing,  and 
John  Hubbard,  Elihu  Chauncey,  Timothy  Stone,  Esq""*,  to 
be  Justices  of  the  Peace  and  Quorum  in  and  for  the  county 
of  New  Haven  the  year  ensuing. 

This  Assembly  do  appoint  John  Prout,  Deodate  Davenport, 
Samuel  Sherman,  John  Whiting,  Samuel  Sacket,  Thomas 
Darling,  Samuel  Robinson,  Theophilus  Rossiter,  Nathaniel 
Ruggles,  John  Graves,  Robert  Treat,  Nathan  Baldwin,  Joseph 
Woodruff,  Nathaniel  Harrison,  Jonathan  Russell,  Josiah 
Rogers,  Samuel  Barker,  Sanuiel  Hall,  Elihu  Hall,  John  Hall, 
Ezekiel  Royce,  Caleb  Merriman,  Charles  Whittlesey,  James 
Wadsworth,  Thomas  Clark,  Thomas  Matthews,  Thomas  Bran- 
son, Samuel  Bassitt,  Samuel  Riggs,  Timothy  Russel,  Daniel 
Hollirook,  Esq'^^  to  be  Justices  of  the  Peace  in  and  for  the 
county  of  New  Haven  for  the  year  ensuing. 

This  Assembly  do  appoint  John  Griswold,  Christopher 
Avery,  Richard  Lord,  Isaac  Huntington  and  Pygan  Adams, 
Esqfs,  to  be  Justices  of  the  Peace  and  Quorum  in  and  for  the 
county  of  New  London  the  year  ensuing. 

This  Assembly  do  appoint  Elnathan  Stephens,  Jonathan 
Lane,  Joseph  Wilcocks,  Aaron  Eliot,  Benjamin  Gale,  Nathan- 
iel Clark,  Jedidiah  Chapman,  John  Tully,  Hezekiah  Whittle- 
sey, Samuel  Ely,  John  Lay  od,  Daniel  Coit,  Pygan  Adams,  John 
Richards,  Jeremiah  Miller,  Luke  Perkins,  William  Williams, 
Nathan  Smith,  Ebenezer  Avery,  Simeon  Minor,  Josc])h  Deni- 
son,  Samuel  Prentice,  Amos  Cheesborough,  Samuel  Morgan, 
Samuel    Coit,    William    Witter,    Ebenezer    Backus,    Jabez 


1 


250  PUBLIC   RK CORDS  [May, 

Huntington,  William  Whiting,  Jacob  Perkins,  Ebenezer 
Hartshorn,  and  William  Hilhouse,  Esq'^,  to  Justices  of  the 
Peace  in  and  for  the  county  of  New  London  the  year 
ensuing. 

This  Asseml)ly  do  appoint  Jonathan  Hoit,  David  Rowland, 
Samuel  Fitch  and  John  Read,  Esq''«,  to  be  Justices  of  the 
Peace  and  Quorum  in  and  for  the  county  of  Fairfield  the 
year  ensuing. 

[178]  This  Assembly  do  appoint  Robert  Fairchild,  Robert 
Walker,  Agur  Tomlinson,  Samuel  Adams,  Ichaljod  Lewis, 
William  Peat,  Theophilus  Nichols,  William  Burr,  Lothrop 
Lewis,  Moses  Dimmon,  Samuel  Sherwood,  James  Lock- 
wood,  Joseph  Piatt,  Elias  Betts,  Theophilus  Fitch,  Al>ra- 
ham  Davenport,  Jonathan  Maltbie,  Nathaniel  Sacket,  John 
Ferris,  Samuel  Olmsted,  Samuel  Smith  3d,  Thomas  Benedict, 
Samuel  Gregory,  Comfort  Starr,  Thomas  Tousey,  Caleb  Bald- 
win, Ephraim  Hulil»el.  Benajah  Case,  Richard  Fairman, 
Thomas  Fitch  junr,  Silas  Betts,  Esq^^  to  be  Justices  of  the 
Peace  in  and  for  the  county  of  Fairfield  the  year  ensuing. 

This  Assembly  do  appoint  Shubael  Conant,  John  Dyar, 
Jabez  Fitch,  Joshua  West,  Esq'''*,  to  be  Justices  of  the  Peace 
and  Quorum  in  and  for  the  county  of  Windham  the  year 
ensuing. 

This  Assembly  do  appoint  Jonathan  Huntington,  Stephen 
Fuller,  Joseph  Fowler,  Joseph  Stores,  Phineas  Strong,  Elijah 
Whiton,  Jacob  Dressor,  Thomas  Chandler,  Ebenezer  Williams, 
Rol)ert  Dixon,  Samuel  Wood,  Nathaniel  Huntington,  Samuel 
Gray,  Joseph  Clark,  John  Creary,  Samuel  Huntington  (of 
Canterbury,)  Silas  Long,  Joseph  Cady,  Thomas  Moffitt,  Tim- 
othy Sabin,  Thomas  Williams,  Jeremiah  Kenney,  William 
Williams,  Elii)halet  Dyar,  Jedidiah  Elderkin,  William  Met- 
calf,  Benjamin  Wheeler,  Joseph  Strong  jun'",  Amos  Babcock, 
Samuel  Danielson,  Samuel  Chf^idler,  William  Osgood,  John 
Smith,  and  Ebenezer  Wales,  Esq''^  to  be  Justices  of  the  Peace 
in  and  for  the  county  of  Windham  the  year  ensuing. 

This  Assembly  do  appoint  El)enezer  Marsh,  Elisha  Sheldon, 
Increase  Moseley,  Roger  Sherman,  Esq''^,  to  be  Justices  of  the 
Peace  and  Quorum  in  and  for  the  county  of  Litchfield  the 
year  ensuing. 

This  Assembly  do  appoint  John  Williams,  Timothy  Collins, 
Daniel  Sherman,  Daniel  Evcrit,  Elisha  Stoddard,  Henry 
Castel,  Paul  Welch,  Buslmal  Bostwick,  Isaac  Kellogg,  Mar- 
tin Smith,  Cyprian  Webster,  Abijali  Catlin,  John  Beach, 
Gideon  Thompson,  David  Whitney,  John  Bebee,  James  Lan- 
don,  John  Hutchinson,  Samuel  Hutchinson,  Timothy  Hatch, 


1769.]  OP    CONNECTICUT.  251 

John  Ransom,  Ebenezer  Lyman,  John  Cook,  John  Patterson, 
Joshua  Whitney,  Benjamin  Hinman  and  Jacob  Woodruff, 
Esq'"%  to  be  Justices  of  the  Peace  in  and  for  the  county  of 
Litchfield  the  year  ensuing. 

This  Assembly  do  appoint  Jabez  Fitch,  Esq'",to  be  Judge  of 
the  Court  of  Probate  in  and  for  the  district  of  Plainfield  for 
the  year  ensuing,  in  the  room  of  John  Creary,  Esq"",  deceased. 

This  Assembly  do  appoint  Samuel  Pettibone,  Esq"",  to  be  a 
Justice  of  the  Peace  in  and  for  the  county  of  Litchfield  the 
year  ensuing. 

An  Act  providing'  for  the  Encouragement  of  one  thousand  Men  vol- 
untarily to  inlist  into  the  Service  of  the  present  Campaig-n. 

Whereas  this  Asseml)ly  at  the  sessions  in  March  last  voted 
and  resolved  to  levy  and  raise  thirty-six  hundred  men  in  this 
Colony  for  the  then  ensuing  campaign,  and  ordered  tlie  same 
to  be  filled  up  by  impresses  or  detachments,  and  gave  further 
encouragements  for  four  hundred  men  more  to  inlist  for 
said  service :  And  whereas  his  Honour  the  Governour  in  his 
speech  at  the  opening  of  this  Assembly  recommended  the 
serious  consideration  of  the  necessity  of  a  vigorous  exertion 
of  our  utmost  abilities  upon  this  urgent,  important  and  de- 
cisive crisis:  Whereupon,  considering  that  notwithstanding 
this  Colony  is  greatly  exhausted  by  the  expences  incurred  in 
the  late  campaigns,  that  the  taxes  already  laid  on  its  inhabi- 
tants are  extream  heavy,  that  its  credit  is  very  much  en- 
dangered by  the  necessary  use  of  such  large  sums  in  bills, 
and  that  the  number  of  its  inhabitants  is  very  much  lessened 
[  174]  by  their  inlisting  into  ||  his  Majesty's  regular  troops 
the  last  winter,  and  as  rangers,  l»attoe-men  and  team-drivers, 
and  into  the  pay  of  the  neighbouring  governments  for  this 
campaign,  to  which  very  many  have  been  induced  by  large 
sums  offered  and  given  them  by  persons  from  the  other  gov- 
ernments to  take  the  places  of  such  of  them  who  ought  to 
have  gone  in  the  service,  and  also  by  the  great  loss  of  men 
sustained  in  the  several  late  campaigns,  this  Assembly  is  of 
opinion  that  the  thirty-six  hundred  men  voted  and  ordered 
last  March  to  be  levied  and  raised  for  said  service  and  filled 
up  by  impress  or  detachment,  with  the  encouragements  then 
given  to  four  hundred  men  more  to  inlist  therefor,  is  as  many 
as  the  number  of  the  inhabitants  will  allow :  Yet,  considering 
the  very  great  importance  of  exerting  ourselves  in  the  pres- 
ent critical  and  decisive  moment  for  the  security  of  our 
country,  and  from  a  deep  sense  of  our  duty  to  the  King  and 
of  the  gratitude  we  owe  to  the  Kingdom  of  Great  Britain  for 
the  very  great  expence  and  succours  supplied  for  the  immediate 
defence  and  for  the  future  safety  of  our  rights  and  possessions 


252  PUBLIC   RECORDS  [May, 

in  America,  and  humbly  relying  on  the  gracious  assurances 
which  the  King  was  pleased  to  allow  his  Secretary  of  State  to 
give,  that  recommendations  shall  be  made  to  Parliament  to 
grant  a  reasonable  compensation  as  his  Colonies  shall  appear 
to  merit,  and  that  the  zeal  and  ardour  of  the  people  may  l)e 
enlivened  and  quickened  to  go  forth  in  defence  and  for  the 
future  safety  of  our  country,  and  all  proper  encouragements 
given  and  motives  used  to  promote  the  raising  as  many  more 
men  as  can  any  ways  be  induced  to  inlist  themselves  and  go 
in  said  service:  Therefore, 

It  is  resolved  and  enacted  hy  this  Assembly,  That  one  thou- 
sand able-bodied  men,  in  addition  to  the  four  thousand  afore- 
mentioned, be  and  they  are  hereby  allowed  the  following 
encouragements  to  inlist  into  the  aforesaid  service:  That 
every  able-bodied  man,  as  well  non-commission  officer  as  sol- 
dier, who  hath  been  in  either  of  the  late  campaigns  and  shall 
voluntarily  inlist  himself  for  the  present  campaign,  shall 
receive  full  wages  and  pay  at  the  respective  rates  allowed 
such  non-commission  officer  and  soldier  in  the  pay  of  this 
Colony  the  last  year,  to  be  computed  from  the  1st  day  of 
December  last  until  the  25th  day  of  instant  May,  and  that  every 
able-bodied  man  not  having  hitherto  been  in  such  service  who 
shall  inlist  himself  as  aforesaid  shall  receive  a  bounty  of 
seven  pounds;  that  each  man  so  inlisted  shall  be  allowed 
thirty-five  shillings  to  purchase  a  lapclled  coat,  and  shall  pro- 
vide for  himself  other  suitable  cloaths,  powder-horn  and  shot- 
bag,  all  to  the  acceptance  of  the  muster-master,  and  on  failure 
thereof  such  man  shall  l)e  supplied  with  the  same  by  his 
captain  out  of  the  aforesaid  wages  and  bounty  and  the  re- 
mainder shall  be  then  paid  to  him;  that  each  man  so  inlisted 
shall  receive  one  month's  pay  before  his  march  out  of  the 
Colony,  and  shall  be  seasonably  supplied  with  a  good  blanket 
and  knapsack;  that  the  pay  of  both  officers  and  soldiers,  their 
subsistence,  the  time  of  their  dismission,  and  every  other 
part  of  the  establishment  for  the  present  levy,  shall  be  the 
same  as  was  made  for  the  levy  voted  and  ordered  by  this 
Assembly  in  March  last;  that  each  recruiting  officer  shall 
have  and  receive  ten  shillings  for  every  man  he  shall  inlist 
and  that  shall  pass  muster ;  that  the  colonel  or  in  his  absence 
the  next  chief  officer  of  each  regiment  of  militia  in  this  Col- 
ony be  and  is  hereby  appointed  to  muster  such  company,  the 
captain  of  wliich  liveth  within  the  limits  of  his  regiment,  and 
make  up  two  nuister-rolls  and  certify  the  same,  one  of  which 
to  be  transmitted  to  his  Honour  fhe  Governor  and  the  other 
delivered  to  the  captain  who  is  commissioned  for  said  ser- 
vice ;  that  ten  captains,  twenty  lieutenants  and  ten  ensigns 


1759.]  OP    CONNECTICUT.  253 

be  appointed  and  sorted  together  in  the  several  parts  of  this 
Colony,  who  shall  receive  beating  orders  from  his  Honour 
the  Governor  and  shall  forthwith  apply  themselves  to  the 
business  of  inlisting  and  raising  men  for  said  service; 
[175]  that  such  captain  who  shall  raise  twenty-five  men, 
such  lieutenant  who  shall  raise  fifteen  men,  such  ensign  wlio 
shall  raise  fifteen  men,  or  who  shall  collectively  raise  such 
numl^ers,  shall  respectively  receive  the  Governor's  commission 
for  the  office  for  which  he  is  nominated :  that  no  company 
consist  of  more  than  ninety-six  men  nor  of  less  than  fifty  men, 
exclusive  of  officers ;  that  each  company  consisting  of  seventy 
men  or  more  shall  have  two  lieutenants,  and  such  as  shall 
not  raise  the  number  assigned  them  as  aforesaid  shall  not  be 
intituled  to  a  commission ;  that  any  officers  nominated  who 
shall  fail  of  raising  such  numl^ers  as  shall  intitule  them  to 
commissions  shall  (if  thereto  required  by  this  Assembly  or 
his  Honour  the  Governor)  turn  over  the  men  they  have  in- 
listed  to  such  officer  as  they  shall  be  required  and  ordered  to 
do,  and  accordingly  deliver  the  inlistments  of  such  men  to 
the  officer  to  whom  they  are  turned  over,  and  on  their  being 
dismissed  shall  be  allowed  their  pay  from  the  date  of  their 
beating-orders  until  the  15th  day  of  June  next  and  the  ten 
shillings  as  aforesaid  for  each  effective  man  they  have  inlisted 
and  whose  inlistments  they  shall  deliver  up  as  aforesaid; 
that  each  officer  shall  use  his  utmost  diligence  to  inlist  and 
raise  men  for  said  service  until  the  fifteenth  day  of  June 
next,  and  then  make  return  of  his  doings  to  this  Assembly  or 
to  his  Honour  the  Governor;  that  whatever  forces  are  raised 
l)y  the  foregoing  provisions  shall  l^e  joyned  to  tlie  regiments 
already  formed  by  the  act  of  this  Assembly  in  March  last. 

This  Assembly  do  appoint  Samuel  Wells  of  Hartford  Cap- 
tain, Gideon  Goodrich  of  Glassenbury  1st  Lieutenant,  Samuel 
Gridley  of  Farmington  2d  Lieutenant,  Roger  Riley  of  Weath- 
ersfield  Ensign,  of  a  com])any  in  tlie  1st  regiment. 

John  Hungerford  of  Farmington  Captain,  Benjamin  Carter 
of  Hebron  1st  Lieutenant,  Timothy  Moses  of  Symsbury  2d 
Lieutenant,  Amos ,  Walbridge  jun''  of  Stafford  Ensign,  of  a 
company  in  the  1st  regiment. 

Giles  Hulls  of  Guilford  Captain,  Cornelius  Higgins  of  Had- 
dam  1st  Lieutenant,  Ebenezer  Belknap  of  Windsor  2d  Lieu- 
tenant, Jonas  Wild  of  Colchester  Ensign,  of  a  company  in  the 
1st  regiment. 

James  Peck  jun''  of  New  Haven  Captain,  Benjamin  Hind 
of  Milford  1st  Lieutenant,  Peter  Wooster  of  Derby  2d  Lieu- 
tenant, Stephen  Marvin  of  Wallingford  Ensign,  of  a  company 
in  the  2d  regiment. 


254  PUBLIC  RECORDS  [May, 

Benjamin  Riiggles  of  New  Milford  Captain,  Adam  Hinman 
of  Woodbury  1st  Lieutenant,  Daniel  Lee  of  Goshen  2d  Lieu- 
tenant, Noah  Stevens  of  Canaan  Ensign,  of  aTcoinpany  in  the 
2d  regiment. 

Nathaniel  Hall  of  Mansfield  Captain,  Joshua  Burges  of 
Union  1st  Lieutenant,  William  Lyman  of  Lebanon  2d  Lieu- 
tenant, John  Avery  of  Ashford  Ensign,  of  a  company  in  the 
2d  regiment. 

Samuel  Whiting  of  Stratford  Captain,  David  Hamilton  jun"" 
of  Sharon  1st  Lieutenant,  Timothy  Clark  of  Waterbury  2d 
Lieutenant,  Nehemiah  Burr  of  Fairfield  Ensign,  of  a  company 
in  the  3d  regiment. 

Reuben  Ferris  of  Greenwich  Captain,  Timothy  Lockwood 
of  Greenwich  1st  Lieutenant,  Lemuel  Benedict  of  Danbury 
2d  Lieutenant,  Levi  Taylor  of  Norwalk  Ensign,  of  a  company 
in  the  3d  regiment. 

[176]  Charles  Whiting  of  Norwich  Captain,  Benjamin 
Creary  of  Voluntown  1st  Lieutenant,  Joseph  Farnum  jun'  of 
Canterbury  2d  Lieutenant,  Samuel  Prentice  junf"  of  Stoning- 
ton  Ensign,  of  a  company  in  the  4th  regiment. 

Nicholas  Bishop  of  New  London  Captain,  Daniel  Griswold 
of  Killingworth  1st  Lieutenant,  Wells  Ely  of  Lyme  2d  Lieu- 
tenant, Benjamin  Woodworth  of  Groton  Ensign,  of  a  company 
in  the  4th  regiment. 

Resolved  hy  tJim  Assembly^  That  his  Honour  the  Governor 
be  desired,  and  he  is  hereby  desired,  to  supply  such  vacancies 
as  may  happen  by  any  of  the  officers  refusing  to  undertake  in 
the  service  of  the  present  campaign  for  which  they  were 
respectively  appointed  by  this  Assembly,  and  give  commis- 
sions accordingly. 

Resolved  hy  this  Assemhly,  That  there  be  one  armourer 
appointed  for  each  regiment  raised  in  this  Colony  for  the  en- 
suing campaign,  and  that  each  armourer  that  shall  undertake 
and  perform  said  service  and  provide  himself  with  tools  and 
utensils  sufficient  therefor  shall  be  allowed  six  pound  per 
month. 

It  being  represented  to  this  Assembly  that  its  necessary 
for  the  good  order  of  the  army  that  there  should  be  such  an 
officer  among  the  troops  of  this  Colony  as  a  brigade-major : 
Therefore,  resolved  l)y  this  Assembly,  that  the  wages  for 
such  officer  for  the  present  campaign  shall  be  four  pounds 
per  month. 

An  Act  for  the  Supply  of  the  Treasury. 

Whereas  this  Assembly  in  its  present  sessions  have  re- 
solved and  ordered  the  encouragement  of  one  thousand  men 


1769.]  OF    CONNECTICUT.  255 

voluntarily  to  inlist  into  the  service  of  the  present  campaign, 
wherel)y  a  large  sum  may  become  necessary  to  be  advanced 
and  the  public  treasury  already  exhausted  l)y  the  provisions 
made  by  this  Assembly  in  March  last  for  levying  and  raising 
the  troops  then  ordered :  Therefore, 

Be  it  enacted  hy  the  Grovernor^  Council  and  Representatives, 
iii  General  Court  asse7nbled,  and  hy  the  autlioj-ity  of  the  same, 
That  there  be  imprinted  the  sum  of  ten  thousand  pounds  in 
bills  of  credit  on  this  government  equal  to  lawful  money,  of 
suitable  denominations  as  the  committee  herein  appointed 
shall  direct,  and  of  the  same  tenor  of  the  late  emissions  of 
bills  of  credit  ioi  this  Colony,  with  interest  at  5  per  cent,  per 
annum  and  payable  at  or  l3efore  the  first  day  of  May  1763, 
dated  the  day  of  the  session  of  this  Assembly.  And  the 
Honhie  William  Pitkin,  Esq^  John  Chester,  George  Wyllys 
and  Joseph  Buckingham,  Esq^^  or  any  three  of  them,  are 
appointed  a  committee  for  the  purpose  aforesaid  «,nd  to  take 
care  that  the  said  bills,  or  so  many  of  them  as  they  shall 
judge  best,  be  printed,  and  to  sign  and  deliver  the  same  to 
the  Treasurer,  taking  his  receipt  therefor.  And  the  said  com- 
mittee shall  be  sworn  to  a  faithful  discharge  of  their  said 
trust.  And  the  Treasurer  is  hereby  directed  to  pay  out  the 
aforesaid  bills  of  credit  with  the  interest  computed  thereon 
according  to  the  orders  of  this  Assembly. 

And  for  providing  and  establishing  an  ample  and  sufficient 
fund  to  call  in,  sink  and  discharge  the  aforesaid  sum  of  ten 
thousand  pounds,  according  to  an  act  of  Parliament  made  in 
the  24th  year  of  his  present  Majesty's  reign, 
[177]  Be  it  enacted  hy  the  authority  aforesaid.  That  a  tax 
of  two  pence  one  farthing  on  the  pound  be  and  is  hereby 
granted  and  ordered  to  be  levied  on  all  the  polls  and  rateable 
estate  in  this  Colony,  according  to  the  list  thereof  to  be 
brought  in  to  this  Assembly  in  October  1761,  with  the  addi- 
tions, which  shall  be  collected  and  paid  into  the  treasury  of 
this  Colony  by  the  last  day  of  December  1762  ;  which  tax 
may  be  discharged  by  paying  the  bills  emitted  by  this  act  or 
lawful  money,  and  no  other  ways  whatsoever.  And  the  Treas- 
urer of  this  Colony  is  hereby  directed  and  ordered  to  send 
forth  his  warrants  accordingly. 

And  whereas  the  said  sum  of  ten  thousand  pounds  may 
not  be  found  necessary  to  be  improved  for  defraying  the  ex- 
pences  of  this  Colony  before  the  next  sessions  of  this  Assem- 
bly: Therefore, 

It  is  further  resolved  and  ordered  hy  this  Assemhly,  That 
the  aforesaid  committee  be  and  they  are  hereby  directed  to 
take  care  that  the  said  sum  or  part  thereof  be  printed,  signed 


256  PUBLIC   RECORDS  [May, 

and  delivered  as  the  same  shall  be  judged  by  them   to   be 
necessary. 

Whereas  this  Assembly  at  their  session  in  March  last  did 
enact  that  any  person  or  persons  who  should  be  detached  or 
impressed  into  his  Majesty's  service  for  the  then  ensuing- 
campaign  in  the  pay  of  this  Colony  should  be  holden  as  a 
soldier  and  go  in  said  service  unless  he  paid  into  the  hand  of 
the  captain  or  other  officer  who  detached  or  im})ressed  him 
within  twenty-four  hours  after  he  was  ordered  to  joyn  the 
company  to  which  he  was  assigned  the  sum  of  ten  pounds  to 
be  l)y  such  officer  paid  into  the  hand  of  the  town  treasurer  to 
which  he  belonged  for  the  use  of  such  town,  which  penalty 
was  designed  to  promote  the  raising  men  for  said  service,  and 
the  appropriating  such  money  paid  as  a  penalty  as  aforesaid 
to  hire  others  to  go  in  said  service  being  the  most  likely 
means  to  promote  that  design :  Therefore, 

Resolved  by  this  Amemhly^  That  any  officer  or  officers  who 
have  any  such  money  paid  to  him  or  them  on  account  of  such 
penalty  now  in  his  or  their  hands  is  hereby  directed  and  im- 
powered  to  improve  the  same  to  hire  any  able-l)odied  man  or 
men  for  said  service,  taking  the  advice  of  any  one  or  more  of 
the  selectmen  in  such  town.  And  in  case  any  such  money  is 
paid  into  the  hands  of  any  town  treasurer,  such  treasurer  is 
hereby  directed,  taking  the  advice  of  the  major  part  of  the 
selectmen  of  such  town  therein,  to  pay  back  the  same  to  such 
officer  from  whom  he  received  it,  to  be  by  him  improved  to 
hire  a  man  or  men  to  go  in  said  service  in  manner  as  afore- 
said. 

Whereas  sundry  persons  legally  warned  to  attend  the  gen- 
eral muster  ordered  by  this  Assembly  to  be  attended  on  the 
sixteenth  day  of  April  last  and  also  on  such  other  days  as 
were  appointed  by  the  chief  officers  of  the  military  companies 
in  this  Colony  soon  after  said  16th  day,  in  order  that  a  num- 
ber of  men  might  be  detached  or  impressed  sufficient  to  com- 
pleat  the  3H00  ordered  ])y  this  Assembly  in  March  last  to  be 
levied  and  raised  for  the  present  campaign,  did  refuse  or 
neglect  to  appear  according  to  such  warning,  and  sundry 
others  who  did  appear  and  were  impressed  for  said  service 
and  assigned  to  and  ordered  to  joyn  some  particular  company 
raised  for  the  same  did  utterly  refuse  to  joyn  according  to 
such  order  and  to  attend  and  proceed  therein  according  to 
the  direction  of  the  act  of  Assembly  in  that  case  provided, 

It  is  therefore  resvlved  by  this  Assembly,  That  the  captains 
or  other  chief  officers  of  the  respective  military  companies  in 
this  Colony  send,  and  they  are  hereby  required  speedily  to 


1759.]  OF    CONNECTICUT.  267 

send,  to  the  King's  attornies  of  the  respective  counties  to 
which  such  delinquents  do  respectively  iDelong,  the  names  of 
the  persons  so  refusing  to  a))pear  at  such  muster,  and  also  of 
[178]  such  as  refused  to  joyn  and  ||  ettend  the  service  as 
directed  and  ordered  as  aforesaid,  together  with  such  evidence 
thereof  as  they  may  know  and  discover;  and  said  King's 
attornies  are  hereby  impowered  and  directed  to  cause  such 
delinquents  to  be  apprehended  §nd  prosecuted  agreeable  to 
law.  And  if  any  captain  or  chief  officer  of  such  military 
company  shall  refuse  or  on  any  account  fail  to  return  the 
names  of  the  delinquents  to  nis  company  belonging  with  such 
evidence  as  he  may  know  of  or  be  able  to  discover,  as  above 
directed,  to  tlie  King's  gctorney  in  the  county  to  which  such 
officer  belongs,  such  King's  attorney  is  hereby  directed  to 
make  enquiry  into  the  reason  of  such  neglect  or  refusal, 
and  on  finding  or  discovering  any  officer  to  he  culpable  or 
negligent  of  the  duty  by  this  act  required  of  him  to  make 
information  thereof. 

Resolved  by  this  Assembly,  That  every  able-bodied  'man 
who  hath  beeii  in  any  of  the  former  campaigns,  who  hath  not 
been  hired  by  any  other  person  or  persons  but  hath  voluntarily 
inlisted  or  shall  inlist  himself  to  go  in  the  present  campaign 
in  the  forces  already  ordered  to  be  raised  on  or  after  the  six- 
teenth day  of  April  last,  shall  be  and  hereby  is  intituled  to 
have  aiid  receive  the  same  bounty  and  encouragement  as  was 
by  the  act  of  the  last  Assembly  granted  and  ordered  to  such 
soldier  who  did  inlist  himself  by  or  before  said  16tli  day  of 
April  last;  and  the  Committee  of  the  Pay-Table  are  hereby 
directed  and  impowered  to  give  orders  and  make  up  the 
account  of  such  soldier  accordingly. 

This  Assembly  do  appoint  and  impower  Jared  Ingcrsole  of 
New  Haven,  Esq"",  residing  in  London,  Agent  and  Attorney 
for  the  Governor  and  Company  of  this  Colony,  to  solicit  for 
and  receive  all  such  sum  and  sums  of  money  as  may  be 
granted  by  Parliament  or  otherwise  ordered  this  Colony  on 
account  of  the  expences  incurred  in  the  last  year's  campaign 
in  obedience  to  his  Majesty  and  on  account  of  billeting  the 
militia  of  this  Colony  raised  for  the  protection  and  relief  of 
Fort  William  Henry  when  besieged  by  the  enemy  in  the  year 
1757,  and  give  proper  receipts  therefor.  And  it  is  hereby 
ordered  that  a  proper  instrument  of  procuration  or  letter  of 
attorney  be  made  out  in  the  name  of  said  Governor  and  Com- 
'pany,  under  the  public  seal  and  signed  by  the  Governor  and 
Secretary  of  this  Colony,  fully  impowering  the  said  Jared 
Ingersoll,  Esq"",  for  the   purpose    aforesaid.     And   the    said 

33 


258  PUBLIC   RECORDS  [May, 

Jared  Ingersole,  Esq'",  is  hereby  directed  on  receipt  of  such 
money  to  lodge  the  ;'-ame  in  some  good  and  safe  bank  in  England 
to  lie  on  interest,  and  improve  the  first  good  opportunity  to 
inform   thereof,  and  to  observe  the   further  orders  of  this 

'7  ( 

Assembly. 

This  Assembly  do  yistruct  Jared  Ingersole,  Esq^",  Agent 
for  this  Colony  residing  lU  the  City  of  London,  that  he  settle 
accounts  with  the  executors  of  Richard  Partridge,  Esq"", 
(deceased,)  our  late  Agent,  and  receive  the  balance  that 
shall  be  found  due  and  execute  proper  receipt  therefor  ;  and 
in  case  the  said  executors  duly  pay  the  bills  of  exchange 
drawn  by  his  Honour  the  Governor  on  said  Mr.  Agent  Part- 
ridge without  cost  or  charge  thereon,  that  then  said  Mr. 
Partridge's  account  last  transmitted  by  him  be  allowed  to 
stand  in  the  manner  tlierein  entred  'oy  him,  wdiich  this  As- 
sembly apprehend  they  will  readily  comply  with,  since  that 
in  said  account  he  hath  charged  one  huiidred  pounds  a  year 
salary  for  three  years  past,  which  is  sixty  pounds  per  annum 
more  than  he  used  to  charge  when  the  business  of  the  Colony 
seems  not  to  be  increased,  and  also  for  the  sunT  of  four  hund- 
red pounds  for  the  loss  of  the  Colony's  money,  w'hich  did  not 
happen  thro'  any  default  on  the  part  of  this  Colony.  And 
that  his  Honour  the  Governor  be  and  he  is  hereby  desired  to 
furnish  Mr.  Agent  Ingersoll  with  the  duplicate  of  said  last 
transmitted  account  and  the  letter  sent  therewith,  whereby 
Mr.  Partridge's  sense  of  the  same  will  appear.  And  the  said 
Mr.  Agent  Ingersoll  is  further  instructed  to  receive  into 
his  hands  all  the  instruments,  papers  and  writings  fouud  in 
said  executors  hands  and  keeping  that  belong  to  this  Colpny, 
and  take  proper  care  about  the  same. 

[179.1    An  Act  to  enable  Tenants  in  Gomroon  to  call  their  Fellow  Coil! - 
moners  to  Account  for  the  Use  and  Benefit  of  their  Common 

Estates. 

Be  it  enacted  hy  the  Crovertior,  Council  and  Representatives. 
ifi  General  Court  asi^cnihled,  and  hy  the  authority  of  the  same^ 
That  when  two  or  more  persons  have  and  hold  any  estate  or 
interest  in  this  Colony  in  common,  as  joynt-tenants,  tenant  in 
common  or  coparceners,  and  part,  viz:  one  or  more,  of  the 
owners  of  such  common  interest  shall  take,  receive,  use  or 
take  benefit  of  such  common  interest  in  greater  proportion 
than  such  owner  or  owners  that  so  receives  has  and  owns  in 
the  principal  estate,  such  owner  or  owners  so  receiving  such 
greater  part,  profit  or  benefit,  his  or  their  executors  and 
administrators,  shall  l)e  liable  to  render  his  or  their  reasonable 
account  for  such  his  or  their  taking,  use  and  profit  of  such 
common  interest  and  estate  to  his  or  their  fellow-commoner 
or  commoners,  joyntly  or  severally,  and  that  such  their  fellow. 


\ 


1759,]  OF    CONNECTICUT.  259 

commoner  or  commoners,  or  either  of  them,  their  executors 
and  administrators,  may  and  are  hereby  enabled  to  have  his  or 
their  action  of  account  against  such  receiver  or  receivers,  or 
either  of  them,  as  their  bailiffs,  for  receiving  more  than  their 
part  or  proportion  as  aforesaid,  and  against  their  executors  or 
administrators ;  any  law,  usage  or  custom  to  the  contrary  not- 
withstanding. 

An  Act  in  Addition  to  the  La-w  entituled  An  Act  for  licensing  and  regu- 
lating' Houses  of  Public  Entertainment  or  Taverns. 

Whereas  in  said  law  it  is  enacted  that  the  civil  authority, 
selectmen,  constables  and  grand-jury-men  in  the  respective 
towns  in  this  Colony  shall,  sometime  in  the  month  of  January, 
annually,  nominate  the  person  or  persons  whom  they  or  the 
major  part  of  them  think  fit  and  suitable  to  keep  an  house  or 
houses  of  public  entertainment  in  the  said  town  for  the 
ensuing  year,  which  nomination  shall  be  sent  by  them  to  the 
next  county  court  in  that  county,  which  court  shall  grant 
licenses  to  the  said  persons  and  to  no  others:  And  whereas 
it  sometimes  happens  that  some  of  the  persons  so  nominated 
after  the  said  month  of  January  die  or  for  some  reasons 
refuse  to  take  licenses  and  keep  houses  of  public  entertain- 
ment, by  means  whereof  some  towns  may  be  destitute  of  a 
sufficient  number  of  taverns  or  liouses  of  public  entertain- 
ment, 

Be  it  thert^rfore  enacted  hy  the  Governor^  Council  and  Rep- 
resentatives, in  General  Court  assembled,  and  hy  the  authority 
of  the  same,  That  whensoever  it  shall  so  happen  that  any 
person  nominated  as  aforesaid  to  keep  an  house  of  public 
entertainment  shall  (after  the  month  of  January)  die  or 
refuse  to  keep  an  house  of  public  entertainment,  the  civil 
authority,  selectmen,  constables  and  grand-jury-men  in  the 
town  where  such  death  or  refusal  shall  happen  may,  on  notice 
thereof,  meet  together  and  nominate  a  suitable  person  to 
keep  an  house  of  public  entertainment  in  said  town,  in  the 
room  or  stead  of  the  person  dying  or  refusing  as  aforesaid ; 
and  the  county  court  in  that  county  where  such  nomination 
shall  be  made  shall  grant  a  license  to  such  person  to  keep  a 
house  of  public  entertainment  until  the  expiration  of  the 
time  set  in  the  licenses  granted  by  said  court  to  such  as  were 
nominated  in  the  month  of  January  preceding,  unless  said 
court  shall  be  of  opinion  that  the  number  before  nominated 
in  such  town  is  sufficient,  or  that  the  person  last  nominated 
is  not  qualified  for  said  trust. 

This  Assembly  do  appoint  John  Ledyard  and  David  Row- 
land, Esq'"%  a  committee  to  repair  with  convenient  speed  to 
Albany  and  apply  to  his  Excellency  General  Amherst  for  a 


260  PUBLIC   RECORDS  [May, 

settlement  of  the  former  account  for  billeting,  and  solicit  for 
and  receive  the  balance,  and  to  settle  the  Colony's  account 
with  Christopher  Kilby,  Esq'",  and  pay  the  balance  found  due 
to  him,  and  also  to  settle  with  Mr.  Cornelius  Cuyler  for  the 
money  advanced  by  him  on  treasurer's  notes  and  the  interest 
that  may  be  due  to  him,  and  for  the  blankets  purchased  of 
him  for  the  Colony's  use,  and  pay  what  they  find  needful  at 
this  time  to  be  paid  him  therefor.  And  the  Committee  of  the 
Pay-Ta])le  are  directed  to  make  the  best  computation  they  can 
[180]  what  sum  will  l)e  necessary  for  the  ||  payments  proposed 
to  be  made  by  the  committee  as  above  directed  and  draw  an 
order  on  the  Treasurer  for  the  same ;  and  the  said  committee 
are  directed  on  their  return,  to  settle  the  account  of  the  pay- 
ments made  by  them  and  for  their  service,  with  the  Committee 
of  tlie  Pay-Table,  and  pay  the  balance  that  may  be  found  left  in 
their  hands  to  the  Treasurer,  taking  his  receipt  therefor  and 
lodge  the  same  in  the  hands  of  the  Secretary.  And  the  said 
committee  are  hereby  directed  to  make  report  of  their  doings 
to  the  next. sessions  of  this  Assembly. 

Whereas  the  officers  appointed  by  the  General  Assembly  of 
this  Colony  in  their  session  in  May  1746,  for  the  then  in- 
tended expedition  against  Canada,  by  licence  of  said  Assem- 
bly drew  and  received  out  of  the  treasury  of  this  Colony,  each 
respectively,  several  sums  of  money  for  purchasing  their 
cloathing  suitable  for  their  officers,  and  therefor  gave  their 
several  bonds  to  the  Treasurer  of  this  Colony,  conditioned 
that  said  bonds  should  be  void  only  upon  this  government's 
being  paid  said  sums  by  the  King  or  the  obligors:  And 
whereas  this  government  hath  not  been  paid  :  It  is  therefore 
resolved  by  this  Assembly,  that  the  King's  attorneys  in  the 
several  counties  wherein  such  obligors  or  their  representatives 
respectively  dwell  be  authorized,  and  they  are  hereby  author- 
ized and  directed,  to  receive  said  bonds  and  sue  for  and  col- 
lect the  monies  due  thereon  and  pay  the  same  to  the  Treas- 
urer of  this  Colony,  and  take  his  receipt  therefor  and  lodge 
the  same  with  the  Secretary  of  this  Colony. 

The  Sums  Total  of  Additions  sent  in   by  the  Listers  from  the  several 
Towns  in  this  Colony,  May  1759. 

iSmgle  addition.  Fourfold. 

New  Haven,  £1200  13  2  -        -          £1225     8     0 

Killingsly,  513     9  0  - 

Pomphret,  1625     4  6  -        -        -      123     0     0 

Voluntown,  256  18  0  -        -        -      219     5     0 

New  Milford,  355     7  0  - 

Suffield,  365     5  0  - 

Killingworth,  69     9  6  -        -        -      552     2     6 


1759.]  OF    CONNECTICUT.  261 


Branford, 

Single  addition. 
X78  12     0     - 

Fourj 
-  £278 

^old. 
14 

0 

Colchester, 

355    0 

0     - 

-       46 

0 

0 

Salsbury, 
Newtown, 

305  13 

962     7 

8    - 
0     - 

- 

East  Haddam, 

328     0 

0    - 

- 

Preston, 

448     6 

0     - 

- 

Tolland, 

80     0 

0    - 

88 

8 

0 

Guilford, 

65     3 

10     - 

-       21 

1 

6 

Woodstock, 

1255     0 

0     - 

-     144 

0 

0 

Danbury, 
Durham, 

285     6 
41     5 

3    - 
9    - 

-       17 

12 

0 

Norwalk, 

322     9 

3     - 

-     218 

9 

4 

Goshen, 

1 

- 

- 

Mansfield, 

366  15 

6    - 

- 

Ashford, 

168     0 

0     - 

- 

Lclianon, 

663     3 

0     - 

-     107 

14 

0 

Homers, 

1563  11 

0    - 

- 

Stanford, 

425     1 

3    - 

-     141 

4 

0 

Milford, 

624  12 

3     - 

-     584 

18 

0 

Norwich, 

207     8 

6     - 

-  1453 

5 

0 

Haddam, 

539  13 

0     - 

-       65 

8 

0 

Farmington, 

1019  18 

6     - 

-     387 

16 

0 

Middletown, 

908     4 

0    - 

4 

0 

0 

[181]  New  Hartford,     121     4 

0     - 

62 

8 

0 

Wallingford, 

1403     6 

6     - 

- 

Windham, 

385  14 

7    - 

-     571 

3 

0 

Sharon, 

184     7 

6     - 

-     356 

0 

0 

Knfield, 

362     4 

0     - 

- 

Bolton, 

41     0 

0    - 

7 

0 

4 

Saybrook, 

447  11 

10    - 

12 

0 

0 

Canterbury, 
Greenwich, 

184     9 
2179  13 

0    - 
5    - 

-  353 

-  476 

8 
0 

0 
0 

Litchfield, 

308     0 

0     - 

-     172 

12 

0 

Woodbury, 
Stratford, 

124     2 
2385  19 

0     - 
5     - 

-  241  10 

-  100  16 

0 
0 

Groton, 

56     0 

0    -        • 

. 

Windsor, 

360     8 

0     - 

-     295 

0 

0 

Plainfield, 

353  10 

6     - 

- 

Weathersfield, 

515  19 

11     - 

-     251 

0 

0 

Kent, 

836     8 

0     - 

. 

Symsbury, 
Stonington, 

271     1 

767  16 

0    - 
0     - 

- 

Hebron, 

1654     1 

0    - 

-     672 

6 

0 

Coventry, 
Fairfield, 

153     0 

557     2 

0    - 
3    - 

-    1015 

4 

0 

262  PUPLic   RECORDS  [May, 

Single  addition.  Fourfold. 

Lyme,  £1957  15     0  - 

Waterbury,  247  10     0  - 

Ridgfield,  1204  12     6  -        -        -     £56     0     0 

Hartford,  2157  15     0  - 

Darby,  253  16     3  - 

Resolved  hy  this  Assembly,  That  the  towns  of  Willington, 
New  Fairfield,  Torringtoii  and  Cornwall  do  and  they  are 
hereby  ordei'ed  to  transmit  to  this  Assembly  in  October  next 
their  several  and  respective  lists  properly  authenticated,  and 
the  Secretary  of  this  Colony  is  directed  to  send  to  the  select- 
men of  each  of  the  towns  aforesaid  for  the  same  accordingly. 

Whereas  there  was  a  number  of  tickets  left  unsold  in  the 
hands  of  the  managers  of  the  lottery  granted  by  the  General 
Assembly  at  their  sessions  in  February  1757,  at  the  time 
appointed  by  said  managers  for  drawing  said  lottery,  which 
by  act  of  Assembly  granting  said  lottery  were  to  be  taken 
and  appropriated  to  the  proper  account,  use  and  benefit  of 
this  government,  and  there  having  been  no  account  laid 
before  this  Assemlily  of  the  prizes  drawn  in  said  lottery  for 
the  benefit  of  this  government :  It  is  therefore  resolved  by 
this  Assembly,  that  Daniel  Edwards,  Esq'",  Col.  Joseph  Pitkin 
and  Capt.  John  Lawrence  be  a  committee  and  are  hereby 
appointed  a  committee,  they  or  any  two  of  them,  to  receive 
of  said  managers  the  tickets  left  unsold,  and  settle  the 
account  with  said  managers,  and  on  receipt  of  tlie  tickets 
left  unsold  in  the  hands  of  the  said  managers,  and  upon  full 
evidence  of  the  said  managers  having  [)aid  into  the  hands  of 
the  Treasurer  the  whole  of  the  mcjney  arising  on  the  tickets 
sold  by  said  managers,  give  said  managers  a  full  discharge 
therefrom  in  behalf  of  said  Colony.  And  the  said  committee 
are  appointed  and  ordered  to  adjust  the  account  of  profit  and 
[182]  loss  that  may  have  arisen  to  this  Colony  ||  on  the  said 
tickets  remaining  unsold  and  appropriated  to  the  govern- 
ment's use,  and  the  benefit  tickets  unsold,  or  an  attested 
account  thereof  deliver  to  the  Secretary  of  this  Colony, 
and  make  report  to  this  Assembly  in  October  next,  at  New 
Haven. 

This  Assembly  grants  to  Andrew  Oliver  of  Boston,  Esq!", 
the  sum  of  thirty  pounds  lawful  money,  for  his  care  in  receiv- 
ing and  storing  the  seven  chests  of  money  whicli  Mr.  Agent 
Partridge  sent  per  Capt.  McTaggart  for  account  of  this 
Colony  ;  and  the  Treasurer  is  hereby  ordered  to  pay  the  same 
to  Jonathan  Trumble,  Esq"",  to  be  remitted  to  him. 

This   Assembly  do  establish  Mr.    Solomon   Phelps   to  be 


1759.]  OF    CONNECTICUT.  263 

Captain  of  the  company  or  trainband  in  the  parish  of  Marl- 
borough. 

This  Assembly  do  establish  Mr.  Ebenezer  McCaul  to  be 
Lieutenant  of  the  company  or  trainband  in  the  parish  of 
Marlborough. 

This  Assembly  do  establish  Mr.  Asa  Foot  to  be  Ensign  of 
the  company  or  trainband  in  the  parish  of  Marll)orough. 

This  Assembly  do  establish  Mr.  Al)ner  Lee  to  be  Lieu- 
tenant of  the  south  company  or  trainband  in  the  town  of 
Lyme. 

This  Assembly  do  establish  Mr.  Benjamin  Rowland  to  be 
Ensign  of  the  south  company  or  trainband  in  the  town  of 
Lyme . 

This  Assembly  do  establish  Mr.  David  Wells  to  be  Lieu- 
tenant of  the  south  company  or  trainband  in  the  town  of 
Colchester. 

This  Assembly  do  establish  Mr.  Jolm  Carverly  to  be 
Ensign  of  the  south  company  or  trainband  in  the  town 
of  Colchester. 

This  Assembly  do  establish  Mr.  Nathaniel  Burr  jun"^  to  be 
Captain  of  the  2d  company  or  trainband  in  the  town  of 
Fairfield. 

kTliis  Assembly  do  establish  Mr.  Eleazer  Osborn  to  be  Lieu- 
snant   of  the    2d   company   or   trainband   in   the   town   of 
airfield. 
This   Assem])ly   do   establish  Mr.    Talcott   Bulkley  to   be 
nsign  of   the    2d   company  or   trainljand    in   the   town   of 
Fairfield. 

This  Assembly  do  establish  Mr.  Elislia  Williams  to  Ite 
Captain  of  the  1st  company  or  trainband  in  the  6tli  regi- 
ment in  this  Colony. 

This  Assembly  do  establish  Mr.  Joseph  Webb  to  be  Lieu- 
tenant of  the  1st  company  or  trainband  in  the  6tli  regi- 
ment in  this  Colony. 

This  Assembly  do  estal:)lish  Mr.  Elisha  Treat  to  be  En- 
sign of  the  1st  company  or  trainband  in  the  Gth  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  James  Gates  to  be  Captain 
of  the  south  company  or  trainband  in  the  town  of  East 
Haddam. 

This  Assembly  do  establish  Mr.  Eleazer  Brainard  to  be 
Lieutenant  of  the  south  company  or  trainband  in  the  town  of 
East  Haddam. 

This  Assembly  do  establish  Mr.  Samuel  Seaberry  to  be  En- 
sign of  the  south  company  or  trainband  in  the  1st  society  in 
the  town  of  Lebanon. 


264  PUBLIC   RECORDS  [May, 

This  Assembly  do  establish  Mr.  John  Hinsdal  to  be  Cap- 
tain of  the  ir>th  company  or  trainband  in  the  6th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Samuel  Hul)bard  to  he 
Lieutenant  of  the  15th  company  or  trainband  in  the  6th 
regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Samuel  Galpin  jun'  to  be 
Ensign  of  the  15th  company  or  trainband  in  the  6th  regi- 
ment in  this  Colony. 

This  Assembly  do  establish  Mr.  Amos  Bradley  to  be  Ensign 
of  the  15th  company  or  trainband  in  the  2d  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Cornelius  Brooks  to  be 
Ensign  of  the  south  company  or  trainband  in  the  parish  of 
New  Cheshire. 

This  Assembly  do  establish  Mr.  Ignatius  Barker  to  be 
Lieutenant  of  the  2d  troop  of  horse  in  the  12th  regi- 
ment in  this  Colony. 

[183]  This  Assembly  do  establish  Mr.  Israel  Loomis  to  be 
Cornet  of  the  2d  troop  of  horse  in  the  12th  regiment  in  this 
Colony. 

This  Assembly  do  estaldish  Mr.  Ichabod  Robinson  to  !)e 
Quarter-Master  of  the  2d  troop  of  horse  in  the  12th  regiment 
in  this  Colony. 

This  Asseml)ly  do  establish  Mr.  Daniel  Tracy  jun""  to  be 
Captain  of  the  8th  company  or  trainband  in  the  town  of 
Norwich. 

This  Assem])ly  do  establish  Mr.  Joseph  Tracy  3d  to  be 
Lieutenant  of  the  8th  company  or  trainl)and  in  the  town  of 
Norwich. 

This  Assem))ly  do  establish  Mr.  Stephen  Johnson  to  be 
Ensign  of  the  8th  company  or  trainband  in  the  town  of 
Norwich. 

This  Assembly  do  establish  Mr.  Obadiah  Andrus  to  be 
Captain  of  the  1st  company  or  trainband  in  the  parish  of 
Southington. 

This  Assembly  do  establish  Mr.  Isaac  Newel  to  be  Lieu- 
tenant of  the  1st  company  or  trainband  in  the  parish  of 
Southington. 

This  Assembly  do  establish  Mr.  David  Smith  to  be  En- 
sign of  the  1st  company  or  trainband  in  the  parish  of 
Southington. 

This  Asscml)ly  do  establish  Mr.  William  Manly  to  be  Cap- 
tain of  the  company  or  trainband  in  the  parish  of  Winton- 
bury. 

This  Assembly  do  establish   Mr.  William  Williams  to  be 


1759.]  OF    CONNECTICUT.  265 

Captain  of  the  4th  company  or  trainband  in  the  town  of  Ston- 
ington. 

This  Assembly  do  establish  Mr.  Simeon  Minor  jun""  to  be 
Ensign  of  the  4th  company  or  trainband  in  the  town  of 
Stonington. 

This  Assembly  do  establish  Mr.  Jonathan  Remington  to 
be  Lieutenant  of  the  2d  company  or  trainband  in  the  town  of 
Suffield. 

This  Assembly  do  establish  Mr.  Thomas  Curtiss  to  be  Cap- 
tain of  the  9th  company  or  trainband  in  the  6th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Jonathan  Warner  to  be 
Lieutenant  of  the  9th  company  or  trainband  in  the  6th  regi- 
ment in  this  Colony. 

This  Assembly  do  establish  Mr.  John  Bobbins  jun^  to  be 
Ensign  of  the  9th  company  or  trainband  in  the  6th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Samuel  Minor  to  be  Cap- 
tain of  the  troop  of  horse  in  the  8th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Timothy  Swan  to  be  Lieu- 
tenant of  the  troop  of  horse  in  the  8th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Samuel  Walsworth  to  be 
Cornet  of  the  troop  of  horse  in  the  8th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Ephraim  Bruester  to  be 
Quarter-Master  of  the  troop  of  horse  in  the  8th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Samuel  Filer  to  be  Captain 
of  the  south  company  or  trainband  in  the  town  of  Hebron. 

This  Assembly  do  establish  Mr.  Alexander  Phelps  to  be 
Lieutenant  of  the  south  company  or  trainband  in  the  town  of 
Hebron. 

This  Assembly  do  establish  Mr.  Abraham  Granger  to  be 
Ensign  of  the  2d  company  or  trainband  in  the  town  of 
Suffield. 

This  Assembly  do  establish  Mr.  Zebulon  Curtiss  to  be  Cap- 
tain of  the  company  or  trainband  in  the  town  of  Torrington. 

This  Assembly  do  establish  Mr.  Noah  Wylson  to  be  En- 
sign of  the  company  or  trainband  in  the  town  of  Torrington. 
.     This   Assembly   do  establish  Mr.  Ichabod  Downing  to  be 
Ensign  of  the  6th  company  or  trainband  in  the  5th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Samuel  Northway  to  be 
34 


266  PUBLIC  RECORDS  [May, 

Lieutenant  of  the  company  or  trainband  in  the  parish  of 
Northington. 

This  Assembly  do  establish  Mr.  Samuel  Nash  to  be  Lieu- 
tenant of  the  west  company  or  trainband  in  the  town  of 
Goshen. 

This  Assembly  do  establish  Mr.  Jonathan  Buel  to  be  En- 
sign of  the  west  company  or  trainband  in  the  town  of 
Goshen. 

[  184  ]  This  Assembly  do  establish  Mr.  Timothy  Barker  to 
be  Lieutenant  of  the  11th  company  or  trainband  in  the  2d 
regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Daniel  Perkins  to  be  Lieu- 
tenant of  the  2d  company  or  trainband  in  the  town  of 
Enfield. 

This  Assembly  do  establish  Mr.  Joseph  Adams  to  be  En- 
sign of  the  2d  company  or  trainband  in  the  11th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Luke  Cooley  to  be  Lieu- 
tenant of  the  company  or  trainband  in  the  town  of  Somers. 

This  Assembly  do  establish  Mr.  Richard  Bristol  to  be 
Captain  of  the  6th  company  or  trainband  in  the  2d  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Nathan  Clark  to  be  Lieu- 
tenant of  the  6th  company  or  trainband  in  the  2d  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Arnold  Tibball  to  be  En- 
sign of  the  6tli  company  or  trainband  in  the  2d  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Abel  Merrill  to  be  Lieu- 
tenant of  the  company  or  trainband  in  the  town  of  New 
Hartford. 

This  Assembly  do  establish  Mr.  Edward  Scovel  to  be  Lieu- 
tenant of  the  1st  company  or  trainband  in  the  town  of  Wa- 
terbury. 

This  Assembly  do  establish  Mr.  James  Smith  to  be  En- 
sign of  the  1st  company  or  trainband  in  the  town  of  Water- 
bury. 

This  Assembly  do  establish  Mr.  Abraham  Fowler  to  be 
Ensign  of  the  2d  company  or  trainband  in  the  7th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Job  Tyler  to  be  Lieutenant 
of  the  4th  company  or  trainband  in  the  town  of  Groton. 

This  Assembly  do  establish  Mr.  William  Morgan  to  be 
Ensign  of  the  4th  company  or  trainband  in  the  town  of 
Groton. 

This  Assembly  do  establish  Mr.  Samuel  Marvin  to  be  Cap- 


1759.]  OF    CONNECTICtJT.  267 

tain  of  the  1st  company  or  trainband  in  the  town  of  Nor- 
walk. 

This  Assembly  do  establish  Mr.  Zuriel  Kaymond  to  be 
Lieutenant  of  the  1st  company  or  trainband  in  the  town  of 
Nor  walk. 

This  Assembly  do  establish  Mr.  Ezekiel  Thompson  to  be 
Captain  of  the  2d  company  or  trainband  in  the  town  of 
Farmington. 

This  Assembly  do  establish  Mr.  Phineas  Lewis  to  be  En- 
sign of  the  2d  company  or  trainband  in  the  town  of  Farm- 
ington. 

This  Assembly  do  establish  Mr.  Josiah  Cleveland  to  be 
Captain  of  the  9th  company  or  trainband  in  the  11th  regi- 
ment in  this  Colony. 

This  Assembly  do  establish  Mr.  Richard  Ransford  to  be 
Lieutenant  of  the  9th  company  or  trainband  in  the  11th  regi- 
ment in  this  Colony. 

This  Assembly  do  establish  Mr.  John  Brown  to  be  Ensign 
of  the  9th  company  or  trainband  in  the  11th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Ephraim  Pease  to  be 
Ensign  of  the  1st  company  or  trainband  in  the  town  of 
Enfield. 

This  Assembly  do  establish  Mr.  Judah  Woodruff  to  be 
Lieutenant  of  the  2d  company  or  trainband  in  the  town  of 
Farmington. 

This  Assembly  do  establish  Mr.  Richard  Cagwin  to  be 
Ensign  of  the  6th  company  or  trainband  in  the  11th  regi- 
ment in  this  Colony. 

This  Assembly  do  establish  Mr.  Nathan  Comstock  to  be 
Lieutenant  of  the  company  or  trainband  in  Wilton  parish  in 
the  town  of  Nor  walk. 

This  Assembly  do  establish  Mr.  Jabez  Patchen  to  be  Ensign 
of  the  company  or  trainband  in  Wilton  parish  in  the  town  of 
Norwalk. 

This  Assembly  do  establish  Mr.  Joseph  Cutler  to  be  En- 
sign of  the  4th  company  or  trainband  in  the  11th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Daniel  Bull  to  be  Lieu- 
tenant of  the  2d  company  or  trainband  in  the  town  of  Hart- 
ford. 

[185]  This  Assembly  do  establish  Mr.  John  Woodruff  to 
be  Captain  of  the  troop  of  horse  in  the  2d  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Benjamin  Fenn  jun"^  to  be 


268  PUBLIC  RECORDS  [May, 

Lieutenant  of  the  troop  of  horse  in  the  2d  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  John  Becher  to  be  Cornet 
of  the  troop  of  horse  in  the  2d  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  William  Gould  to  be 
Quarter-Master  of  the  troop  of  horse  in  the  2d  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  James  Nichols  to  be 
Captain  of  the  troop  of  horse  in  the  1st  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Daniel  Heydon  to  be 
Lieutenant  of  the  troop  of  horse  in  the  1st  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Richard  Seymour  to  be 
Cornet  of  the  troop  of  horse  in  the  1st  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Return  Strong  to  be 
Quarter-Master  of  the  troop  of  horse  in  the  1st  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Josiah  Gates  jun^  to  be 
Captain  of  the  company  or  trainband  in  the  parish  of  New 
Salem. 

This  Assembly  do  establish  Mr.  John  Fowler  to  be  Captain 
of  the  2d  company  or  trainband  in  the  2d  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Richard  Bryan  jun''  to 
be  Lieutenant  of  the  2d  company  or  trainband  in  the  2d 
regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Isaac  Clark  to  be  Ensign 
of  the  2d  company  or  trainband  in  the  2d  regiment  in  this 
Colony. 

Upon  the  petition  of  John  Bannister,  of  Newport  in  the 
county  of  Newport  in  the  Colony  of  Rhode  Island  &c.,  shew- 
ing to  this  Assembly  that  he  bro't  his  action  against  William 
Williams,  of  Colchester  in  the  county  of  Hartford,  on  the 
first  Tuesday  of  July  1757,  demanding  the  sum  of  one 
hundred  pounds  lawful  money,  which  action  was  bro't  on  a 
bond  given  by  said  Williams  to  said  petitioner  for  the  sum  of 
nine  hundred  pounds  old  tenor ;  that  said  action  came  to  a 
final  tryal  at  the  adjourned  county  court  held  at  Hartford  on 
the  4th  Tuesday  of  January  1758,  when  and  where  said  Wil- 
liams pleaded  that  before  the  date  of  the  plaintiff's  writ  he 
paid  and  delivered  to  him  in  horses  and  old  tenor  bills  to  the 
amount  of  the  full  sum  due  on  said  bond,  which  facts  were 
accordingly  found  by  the  jury  on  said  tryal,  and  thereupon 


1759.]  OP    CONNECTICUT.  269 

said  court  gave  judgment  that  said  Williams  should  recover 
his  cost  &c. ;  that  said  petitioner  has  found  new  evidence  &c. ; 
praying  for  a  new  tryal  &c.  as  per  petition  on  file :  Resolved 
by  this  Assembly,  that  said  petitioner  be  and  he  is  hereby 
granted  the  liberty  to  enter  his  said  action  at  the  county 
court  to  be  held  at  Hartford  in  and  for  the  county  of 
Hartford  on  the  first  Tuesday  of  November  next  and  proceed 
therein  to  another  tryal  on  said  bond,  (as  tho'  no  tryal  had 
been,)  and  that  the  cost  from  the  beginning  follow  the  said 
final  tryal ;  and  that  in  case  final  judgment  be  rendered  in 
favour  of  said  petitioner  therein,  that  then  the  court  render- 
ing the  same  shall  also  render  judgment  to  recover  back  the 
cost  already  taxed  in  favour  of  said  Williams  as  aforesaid. 

On  the  petition  of  James  Babcock  &c.,  listers  of  the  town 
of  Stonington  for  the  year  1757,  representing  to  this  Assem- 
bly that  whereas  Nathan  Cheesbrough,  Charles  Cheesbrough, 
Jeremiah  Cheesbrough,  all  of  Stonington  aforesaid,  being 
duly  warned  to  give  in  their  respective  lists  for  the  said  year 
according  to  law,  neglected  to  give  in  to  said  listers  a  list  of 
their  whole  estate  for  said  year,  by  means  whereof  the  said 
Nathan  Cheesbrough  was  fourfolded  and  had  to  his  list  added 
£274  8s.  Od.  and  also  the  said  Charles  and  Jeremiah  were 
fourfolded  the  sum  of  .£85  4s.  Od.  for  estate  by  them  held 
as  tenants  in  common,  and  the  said  Charles  by  himself  was 
fourfolded  the  sum  of  £12  Os.  Od.  and  all  according  to  law, 
which  several  sums  were  added  to  their  respective  lists  for 
[186]  said  year  and  was  by  said  listers  transmitted  to  ||  the 
General  Assembly  May  1758,  all  which,  so  far  as  related  to 
the  said  fourfold,  was  by  the  authority  and  selectmen  of  said 
town  of  Stonington  abated ;  praying  that  the  doings  of  said 
authority  and  selectmen  be  annulled  and  set  aside  &c.  as  by 
said  petition  on  file:  Resolved  by  this  Assembly,  that  the 
doings  of  said  authority  and  selectmen  in  aliating  said  four- 
fold assessment  be  and  the  same  is  hereby  declared  to  be 
null  and  void,  and  that  the  several  constables  and  collectors 
of  the  said  town  of  Stonington  ordered  to  collect  the  tax 
arising  on  said  list  are  herel)y  authorized  and  impowered  to 
collect  and  receive  of  the  said  Nathan  Cheesbrough  and  of 
the  said  Charles  and  Jeremiah  Cheesbrough  all  such  rates 
and  taxes  that  have  or  may  arise  upon  said  fourfold  assess- 
ment made  as  aforesaid,  except  what  is  already  collected, 
and  the  same  pay  and  dispose  of  according  to  the  laws  of 
this  Colony  in  such  case  provided;  and  that  all  rate-bills 
made  or  to  be  made  against  the  said  Nathan,  Charles  and 
Jeremiah  on  the  list  aforesaid  shall  be  made  and  they  each 


2t6  PUBLIC  RECORDS  [May, 

of  them  therein  shall  be  rated  and  assessed  as  tho'  no  abate- 
ment had  been  made  by  the  authority  aforesaid. 

Upon  the  memorial  of  Thomas  Marvin  of  Suffield,  shewing 
to  this  Assembly  that  he  was  by  this  Assembly  at  their  ses- 
sions in  October  last  past  appointed  ferryman  to  keep  the 
upper  ferry  over  Connecticut  River  in  said  Suffield,  and  that 
the  fare  of  said  ferry,  as  stated,  is  not  a  meet  recompence  for 
the  trouble  &c.,  praying  this  Assembly  to  raise  the  fare  of  said 
ferry :  Resolved  by  this  Assembly,  that  the  fare  of  said  ferry 
be  as  follows,  (viz : )  for  each  man,  horse  and  load,  three 
pence;  each  led  horse,  one  penny  farthing;  footman,  two 
pence ;  ox  or  other  neat  kine,  four  pence ;  sheep,  hog  or  goat, 
one  half-penny. 

Upon  the  memorial  of  Bathsheba  Nichols  of  Stratford, 
administratrix  on  the  estate  of  John  Nichols  late  of  said 
Stratford,  deceased,  representing  to  this  Assembly  that  the 
debts  due  from  said  estate  surmount  the  moveables  of  said 
estate  the  sum  of  twenty-seven  pounds  one  shilling  and  six 
pence  farthing;  praying  that  lands  of  said  estate  be  sold 
sufficient  to  answer  said  sum  of  £21  Is.  6|c?.  lawful  money: 
Resolved  by  this  Assembly,  that  so  much  of  the  lands  of  the 
estate  of  the  said  deceased  John  Nichols  be  sold  as  that  the 
avails  thereof  may  answer  said  sum  of  .£27  Is.  6id.  with  the 
incident  charges ;  and  the  said  Bathsheba  Nichols  is  hereby 
'Authorized  and  impowered,  (taking  the  advice  of  the  court  of 
probate  for  the  district  of  Fairfield,)  to  make  sale  of  such 
lands  and  make  deed  or  deeds  of  conveyance  therefor. 

Upon  the  memorial  of  John  Stedman,  administrator  on  the 
estate  of  Daniel  Stedman  lat€  of  Farmington,  deceased, 
shewing  to  this  Assembly  that  the  debts  due  from  the  estate 
of  said  deceased  surmount  the  moveable  estate  the  sum  of 
X20  18s.  Q^d.  lawful  money,  and  tlie  memorialist  having  no 
moveables  to  pay  the  same  praying  this  Assembly  to  appoint 
the  memorialist  and  Solomon  Cole,  or  some  other  person,  to 
make  sale  of  so  much  of  the  real  estate  as  will  raise  the  sum 
[187]  of  X20  18s.  6^d.  &c.  ||  Resolved  by  this  Assembly, 
that  the  memorialist  John  Stedman  and  the  said  Solomon 
Cole  be  appointed  and  they  are  hereby  impowered,  to  make 
sale  of  so  much  of  the  real  estate  of  said  deceased  as  to  pay 
the  sum  of  =£20  18s.  6|-c?.  and  the  incident  charges  arising 
thereon ;  taking  the  advice  of  the  court  of  probate  for  the 
district  of  Hartford  therein. 

On  the  memorial  of  Daniel  Brewer  and  sundry  other  inhab- 
itants of  Middleton,  shewing  to  this  Assembly  that  there  is 
need  of  a  stated  ferry  across  Connecticut  River  from  the 


1759.]  OF    CONNECTICUT.  271 

building  yard  in  the  north  society  in  Middleton,  called  Upper 
Houses,  to  the  east  society,  and  praying  that  a  ferry  may  be 
granted,  and  that  said  Brewer  may  be  appointed  to  keep  said 
ferry,  as  per  memorial  on  file :  Resolved  by  this  Assembly, 
that  there  be  granted  a  [nd]  liberty  is  hereby  granted  to  said 
Daniel  Brewer,  to  keep  a  ferry  at  said  place  with  such  privi- 
ledges  as  other  ferries  have  in  this  Colony,  during  the  pleasure 
of  this  Assembly ;  and  that  the  fare  of  said  ferry  be,  for  man, 
horse  and  load,  three  pence ;  and  for  single  man,  a  penny 
half-penny ;  and  for  sheep  and  swine,  after  the  rate  six  pence 
a  score ;  and  for  single  horse  a  penny-half -penny ;  and  two 
pence  for  an  ox,  cow,  or  any  other  neat  kine. 

Upon  the  memorial  of  Zechariah  Blackman  jun''  of  Strat- 
ford, shewing  to  this  Assembly  the  necessity  of  a  ferry's  being 
kept  for  the  conveniency  of  travellers  passing  across  Stratford 
River  at  a  place  called  Oronoke,  and  praying  for  a  grant  for 
the  same  and  that  the  fare  thereof  may  be  stated  &c. :  Re- 
solved by  this  Assembly,  that  the  liberty  of  setting  up  a  ferry 
at  the  place  aforesaid  be  granted  and  liberty  is  hereby  granted 
to  the  memorialist  to  set  up  and  keep  a  ferry  at  the  place 
aforesaid  during  the  pleasure  of  this  Assembly ;  and  that  the 
fare  of  said  ferry  shall  be,  for  man,  horse  and  load,  three 
pence  lawful  money ;  and  for  a  foot-man  one  penny  half- 
penny ;  for  a  led  horse,  one  penny  farthing ;  for  ox  or  other 
neat  kine,  three  pence  ;  for  sheep,  hog  or  goat,  half-penny  per 
head. 

On  the  memorial  of  John  Cook  jun'"  and  Sarah  Cook, 
administrators  on  the  estate  of  Benjamin  Cook  late  of  Wal- 
lingford,  deceased,  shewing  to  this  Assembly  that  the  debts 
&c.  against  the  estate  of  the  said  deceased  surmount  the 
whole  moveable  estate  of  the  said  deceased  the  sum  of  £162 
Is.  dd.  lawful  money,  and  praying  this  Assembly  that  liberty 
might  be  granted  to  sell  so  much  of  the  real  estate  of  the  said 
deceased  as  to  make  said  sum,  as  per  memorial  on  file :  Re- 
solved by  this  Assembly,  tliat  liberty  be  granted  and  the  said 
John  Cook  jun""  and  Sarah  Cook  are  hereby  impowered  to 
make  sale  of  so  much  of  the  real  estate  of  the  said  deceased 
as  shall  raise  a  sum  sufficient  to  pay  said  sum  of  .£162 
Is.  Sd.  with  incident  charges;  taking  the  direction  of  the 
court  of  probate  in  the  district  of  New  Haven  therein. 

Upon  the  memorial  of  Joshua  Whitney  of  Norfolk  and  Elna- 
than  Ashman  of  Canaan  in  the  county  of  Litchfield,  represent- 
ing to  this  Assembly  that  the  memorialists  complained  against 
and  prosecuted  one  Jacob  Pattingal  for  putting  off  counterfeit 
[188]  bills  of  credit,  and  before  David  Whitney,  Esq ■■,  ||  justice 


272  PUBLIC  RECORDS  [May, 

of  peace  for  Litchfield  county,  obtained  judgment  that 
said  Jacob  should  be  bound  over  to  the  superior  court  to  be 
held  at  Litchfield  in  August  1756,  and  said  Jacob  not  pro- 
curing a  bondsman  for  such  appearance  was  committed  to 
goal  at  said  Litchfield  and  before  the  sitting  of  said  superior 
court  broke  and  escaped  out  of  said  goal,  whereby  the  me- 
morialists lost  the  cost  of  said  prosecution ;  praying  for  relief 
in  the  premises  &c.  as  per  the  memorial  on  file  :  Resolved  by 
this  Assembly,  that  the  Treasurer  of  this  Colony  be  and  he  is 
hereby  ordered  to  pay  to  the  said  Joshua  Whitney  and  Elna- 
than  Ashman  the  sum  of  ten  pounds  out  of  the  public  treasury 
of  this  Colony,  as  a  reward  for  their  informing  against  and 
prosecuting  the  aforesaid  Pattingal. 

Upon  the  memorial  of  Abner  Sessions,  one  of  the  proprie- 
tors of  Union,  and  the  rest  of  the  proprietors  of  said  Union, 
representing  that  the  bounds  between  said  town  of  Union  and 
the  town  of  Woodstock  have  never  yet  been  duly  fixed  and 
ascertained,  and  for  want  thereof  disputes  and  law-suits  are 
like  to  arise;  praying  for  a  committee  &c.:  Resolved  by  this 
Assembly,  that  Thomas  Wells,  Esq^  Messrs.  Zebulon  West 
and  Benjamin  Kent  be  a  committee,  and  they  are  hereby  ap- 
pointed a  committee,  to  repair  to  the  place  controverted  or 
like  to  be  controverted  between  the  said  towns  of  Wood- 
stock and  Union,  and  to  hear  the  parties  and  the  evidence  of 
their  different  claims  with  respect  to  said  bounds,  and  to  set 
out  the  same  where,  in  justice,  it  ought  to  be :  (but  if  they 
shall  find  it  to  be  already  legally  ascertain'd)  that  they  renew 
the  said  bounds  and  make  report  of  their  doings  and  of  what 
they  find  to  this  Assembly  in  October  next.  The  doings  of 
said  committee  to  be  at  the  cost  of  the  memorialists. 

Upon  the  memorial  of  Thomas  Burr  jun""  of  Hartford,  rep- 
resenting that  the  debts  due  from  the  estate  of  Isaac  Burr  of 
said  Hartford,  late  deceased,  on  which  he,  the  said  Thomas, 
is  administrator,  amount  to  .£155  Qs.  4|c?.  lawful  money,  and 
that  said  estate  is  all  real ;  praying  for  liberty  to  sell  &c. : 
Resolved  by  this  Assembly,  that  the  said  Thomas,  administra- 
tor, shall  have  liberty,  and  liberty  and  authority  is  hereby 
granted  unto  him  to  make  sale  of  so  much  of  the  said  real 
estate  of  said  deceased  as  shall  procure  the  aforesaid  sum 
and  defray  the  charges  of  said  sale ;  taking  the  advice  of  the 
court  of  probate  for  the  district  of  Hartford  therein. 

On  the  memorial  of  Mary  Skinner,  administratrix  on  the 
estate  of  Stephen  Skinner  late  of  Hartford,  deceased,  shewing 
to  this  Assembly  that  the  debts  due  from  said  estate  (with 
some  moveables  set  out  to  his  widow)  surmount  the  personal 


1759.].  OP    CONNECTICUT.  273 

estate  of  said  deceased  the  sum  of  XI 29  Is.  4:d.  lawful  money  ; 
praying  to  this  Assembly  to  have  liberty  to  sell  so  much  of 
the  real  estate  of  said  deceased  as  to  make  said  sum  with  the 
charges  arising  on  such  sale,  as  per  memorial  on  file:  Re- 
solved by  this  Assembly,  that  the  said  administratrix  have 
liberty,  and  liberty  is  hereby  granted  her,  to  sell  so  much  of 
the  real  estate  of  said  deceased  as  to  make  said  sum  of  one 
hundred  [twenty]  nine  pounds  one  shilling  and  four  pence 
lawful  money  with  the  incident  charges  thereon  arising; 
taking  the  directions  of  the  court  of  probate  for  the  district 
of  Hartford  therein. 

[189]  On  the  memorial  [of  ]  Stephen  Winston,  of  Farming- 
ton  in  the  county  of  Hartford,  conservator  of  the  person  and 
estate  of  Daniel  Winston  of  Farmington,  shewing  to  this  Assem- 
bly on  his  adjusting  his  accounts  exhibited  to  the  county  court 
held  at  Hartford  the  second  Tuesday  of  April  last  for  what 
he  paid  of  debts  due  from  said  estate  &c.  was  allowed  to  him 
by  said  court  to  be  due  to  balance  sixty-one  pounds  nineteen 
shillings;  praying  for  liberty  that  the  selectmen  of  Farm- 
ington, or  some  other  suitable  person,  may  be  impowered  to 
sell  so  much  of  the  land  of  the  said  Daniel  Winston  as  to 
make  said  sum  of  X61  19s.  Od.  with  the  incident  charges 
thereon  arising:  Resolved  by  this  Assembly,  that  Mr.  Jere- 
miah Curtiss  of  Farmington  be  appointed,  and  he  is  hereby 
appointed  and  impowered,  to  sell  so  much  of  the  lands  of  the 
•said  Daniel  Winston  as  to  make  said  sum  of  £61  19s.  Od. 
and  the  incident  charges  arising  on  such  sale  at  public  ven- 
due after  public  notice  shall  be  given  twenty  days,  and  to 
make  and  execute  deed  or  deeds  proper  for  conveying  the 
title  of  such  land  to  the  purchaser  thereof. 

Upon  the  memorial  of  Susannah  Wells,  administratrix  of 
the  estate  of  Samuel  Wells  late  of  New  Hartford,  deceased, 
shewing  to  this  Assembly  that  the  debts  due  from  said  estate 
together  with  necessary  moveables  allowed  to  the  widow 
surmount  the  moveable  estate  of  said  deceased  the  sum  of 
X35  3s.  lOd.  lawful  money,  therefore  praying  for  liberty 
to  sell  so  much  of  the  real  estate  of  said  deceased  as 
shall  be  sufficient  to  pay  said  sum:  Resolved  by  this  Assem- 
^^)ly,  that  the  memorialist  have  liberty,  and  she  is  hereby 
impowered,  to  sell  so  much  of  the  real  estate  of  the  said 
Samuel  Wells,  deceased,  as  shall  be  sufficient  to  pay  said  sum 
of  thirty-five  pounds  three  shillings^  and  ten  pence  and  the 
incident  charges  of  such  sale,  taking  direction  of  the  court 
of  probate  for  the  district  of  Hartford  therein. 

Upon   the   memorial   of  William   Andrews   of    Hartford, 
35 


274  PUBLIC  RECORDS  '  [May, 

administrator  on  the  estate  -of  Timothy  Andrews  of  said 
Hartford,  late  deceased,  shewing  to  this  Assembly  that  the 
debts  and  charges  due  from  the  estate  of  said  deceased, 
allowed  by  the  court  of  probate,  surmount  the  moveable  estate 
of  the  said  deceased  the  sum  of  £48  9s.  l^d.  lawful  money, 
for  the  payment  of  which  sum  said  memorialist  has  no  movea- 
bles or  money  to  pay  the  same ;  praying  this  Assembly  to 
appoint  said  memorialist,  or  some  other  person,  to  make  sale 
of  so  much  of  the  real  estate  of  said  deceased  as  will  procure 
said  sum  of  £48  9s.  l^d.  for  payment  of  said  debts  with 
necessary  charges  arising  on  said  sale,  taking  the  direction  of 
the  court  of  probate  in  the  district  of  Hartford  therein: 
Resolved  by  this  Assembly,  that  the  said  William  Andrews 
be  appointed,  and  he  is  hereby  authorized  and  impowered,  to 
make  sale  of  so  much  of  the  real  estate  of  the  said  Timothy, 
deceased,  as  shall  make  =£48  9s.  lid.  lawful  money  together 
with  the  necessary  charges  arising  thereon ;  taking  the  advice 
of  the  court  of  probate  in  the  district  of  Hartford  therein. 

Upon  the  memorial  of  Nathaniel  Tyler,  administrator  on 
the  estate  of  Timothy  White  late  of  East  Haddam,  deceased, 
representing  to  this  Assembly  that  the  debts  and  charges  on 
the  estate  of  Timothy  White  late  of  East  Haddam,  deceased, 
as  by  the  court  of  probate  in  the  district  of  East  Haddam  is 
allowed,  surmount  the  personal  estate  of  said  deceased  the 
sum  of  £39  13s.  8ic?.  lawful  money,  and  praying  for  liberty 
[190]  to  sell  so  much  of  the  real  estate  of  said  deceased  ||  as 
will  raise  the  sum  aforesaid  with  the  incident  charges 
arising  thereon :  Whereupon  liberty  is  hereby  granted  to  the 
said  Nathaniel  Tyler  to  sell  so  much  of  the  real  estate  of 
said  deceased  as  shall  raise  the  aforesaid  sum  with  the  inci- 
dent charges  thereon  arising;  taking  the  direction  of  the 
court  of  probate  in  the  district  of  East  Haddam  therein. 

Upon  the  memorial  of  Ebenezer  King  of  Suffield,  shewing  to 
this  Assembly  that  he,  said  Ebenezer  King,  hath  for  many 
years  past  kept  the  lower  ferry,  otherwise  called  King's 
Ferry,  across  Connecticut  River  in  said  Suffield,  while  sup- 
posed to  be  in  the  Province  of  the  Massachusets,  and  that 
since  the  same  hath  fallen  into  this  government  there  hath 
been  no  legal  settlement  thereof;  praying  this  Assembly  to 
grant  to  him  the  priviledge  of  keeping  said  ferry,  and  also  to 
state  the  fare  thereof :  Resolved  by  this  Assembly,  that  the 
priviledge  of  keeping  said  ferry  be  hereby  granted  to  the  said 
Ebenezer  King,  to  keep  said  ferry  during  the  pleasure  of  this 
Assembly,  and  that  the  fare  thereof  be  as  follows,  viz:  for 
each  man,  horse  and  load,  three  pence ;  each  led  horse,  one 


1759.]  OF    CONNECTICUT.  275 

penny  farthing;  foot  man,  two  pence;  ox  or  other  neat  kine, 
four  pence ;  sheep,  hog  or  goat,  one  half-penny. 

Upon  the  memorial  of  Benjamin  Abel,  David  Hartshorn, 
Andrew  Abel,  Zebediah  Hartshorn  and  Ebenezer  Hartshorn 
2d,  all  inhabitants  of  the  first  society  in  Norwich  in  New 
London  county,  living  in  the  northwesterly  part  of  said  first 
society  and  at  a  much  greater  distance  from  the  place  of 
public  worship  in  said  first  society  than  they  be  from  the 
place  of  public  worship  in  the  west  society  in  said  Norwich, 
and  praying  to  be  set  o&.  from  said  first  society  and  annexed 
with  their  estates  to  the  said  west  society,  as  per  memorial  on 
file :  Resolved  by  this  Assembly,  that  the  said  Benjamin  Abel, 
Andrew  Abel,  David  Hartshorn,  Zebadiah  Hartshorn  and 
Ebenezer  Hartshorn  the  2d  be  set  off  from  said  first  society 
with  their  estates  and  annexed  to  the  said  west  society  by  the 
.following  line:  beginning  at  the  mouth  of  Beaver  Brook 
where  the  same  falls  into  Shoutucket  River,  thence  running  a 
straight  line  to  a  heap  of  stones  by  a  pine  stump  a  little 
southerly  from  John  Fillemore  junk's  dwelling-house,  thence 
to  the  most  easterly  part  of  the  dwelling  house  of  the  above- 
said  David  and  Ebenezer  Hartshorn,  and  from  thence  a 
straight  line  to  a  corner  of  New  Concord  Society  at  or  in  the 
highway  that  leads  from  Norwich  to  Lebanon  near  the  dwell- 
ing-house of  Josiah  Backus,  and  the  abovesaid  line  to  be  the 
dividing  line  between  said  first  and  west  society ;  any  former 
resolve  to  the  contrary  notwithstanding. 

Upon  the  memorial  of  Mary  Hurlburt  of  Symsbury,  ad- 
ministratrix on  the  estate  of  Nathaniel  Hurlburt  late  of  said 
Symsbury,  deceased,  representing  to  this  Assembly  that  the 
debts  and  charges  due  from  said  estate  surmount  the  personal 
estate  of  said  deceased  the  sum  of  =£19  17s.  Id.  lawful 
money,  and  praying  that  John  Humphry,  Esq"",  and  the 
[  191  ]  memorialist  ||  might  be  appointed  and  impowered  to 
sell  so  much  of  the  real  estate  of  said  deceased  as  to  raise 
said  sum  with  the  incident  charges  arising  on  such  sale: 
Whereupon  the  said  John  Humphry,  Esq"^,  and  the  said 
Mary  are  hereby  appointed  and  impowered  to  make  sale  of 
so  much  of  the  real  estate  of  said  deceased  as  to  raise  the 
sum  aforesaid  with  the  incident  charges  arising  thereon; 
taking  the  direction  of  the  court  of  probate  in  the  district  of 
Hartford  therein. 

Upon  the  memorial  of  Henry  Allyn  of  Windsor,  adminis- 
trator on  the  estate  of  Caleb  Horskins  late  of  Windsor, 
deceast,  representing  to  this  Assembly  that  the  debts  and 
charges  due  from  the  estate  of  the  deceast  surmount  the 


276  PUBLIC  RECORDS  [May, 

moveable  estate  of  the  deceast  the  sum  of  <£20  Is.  9ld.  law- 
ful money,  for  the  payment  whereof  there  is  no  moveable 
estate  of  the  deceast ;  praying  for  liberty  to  make  sale  of  so 
much  of  the  real  estate  of  the  deceast  as  will  be  sufficient  to 
procure  said  sum  of  X20  Is.  9id.  lawful  money  with  the 
incident  charges  arising  thereon :  Resolved  by  this  Assembly, 
that  the  said  Henry  Allyn  be  impowered,  and  he  is  hereby 
authorized  and  impowered,  to  make  sale  of  so  much  of  the 
real  estate  of  said  deceased  as  will  be  sufficient  to  procure 
said  sum  of  £20  Is.  9^d.  lawful  money  with  the  incident 
charges  arising  thereon;  taking  the  direction  of  the  court  of 
probate  of  the  district  of  Hartford  therein. 

Upon  the  memorial  of  the  inhabitants  of  the  town  of  New 
London,  representing  to  this  Assembly  that  the  highways  in 
the  Mohegan  and  Indian  lands  in  the  township  of  New  Lon- 
don aforesaid  are  not  conveniently  laid  out  and  established, 
and  that  differences  are  subsisting  about  the  same ;  praying 
that  a  committee  may  be  appointed  to  repair  to  said  lands, 
view  and  report  the  circumstances  thereof  to  this  Assembly : 
Resolved  by  this  Assembly,  that  Jonathan  Trumble  and 
Joseph  Fowler,  Es(}'%  be  a  committee  with  full  power  and 
authority  to  repair  to  the  said  Mohegan  and  Indian  lands 
and  view  the  lands  and  consider  of  what  new  highways 
therein  may  be  conveniently  laid  out,  and  how  those  already 
laid  out  may  properly  be  altered  as  to  bounds  and  situation 
and  from  pent  to  open  highways,  and  make  report  thereof 
with  their  opinion  thereon  to  this  Assembly  in  October  next. 

LTpon  the  memorial  of  Matthew  Stewart  of  New  London, 
shewing  to  this  Assembly  that  for  many  years  last  past  he  hath 
exercised  himself  in  trade  &c.  in  this  Colony ;  that  in  the 
course  of  his  business  to  carry  on  the  same  hatli  been  obliged 
to  contract  large  debts  out  of  this  Colony,  which  by  repeated 
losses  at  sea  &c.  he  is  unable  to  discharge  without  the  sale  of 
great  part  of  his  real  estate;  that  the  situation  and  circum- 
stances of  his  real  estate  is  such  that  he  cannot  make  sale 
thereof  for  near  the  value  in  the  common  and  ordinary  way 
of  sale ;  praying  for  liberty  to  set  up  a  lottery  to  raise  a  sum 
equal  to  the  value  of  the  lands  proposed  by  him  to  be  sold  as 
aforesaid  in  chance  to  the  adventurers  &c.,  as  per  memorial 
on  file  <fec. :  Resolved  by  this  Assembly,  that  said  memorialist 
have  and  liberty  is  hereby  granted  him  to  set  up  and  to  have 
drawn  a  lottery  in  this  Colony  for  the  disposing  of  four  farms 
of  land  lying  in  New  London  aforesaid,  belonging  to  said 
memorialist  and  shewn  to  this  Assembly  by  plans  or  maps 
thereof  drawn  by  Stephen  Hempstead,  county  surveyor  of  said 


1759.]  OF    CONNECTICUT.  277 

New  London  county ;  and  John  Richards,  Joseph  Coit,  Py- 
gan  Adams  and  Jeremiah  Miller,  Esq ■"%  and  Mr.  Joseph  Chew, 
[192]  all  of  New  London  aforesaid,  or  any  three  of  them,  ||  be 
and  hereby  are  appointed  managers  and  directors  of  said 
lottery.  And  said  managers  are  hereby  fully  impowered  and 
directed  to  procure  said  farms  to  be  duly  appraised  by  true 
men  sworn  for  that  purpose,  according  to  the  present  true  and 
just  value  thereof  in  money,  as  the  same  is  allotted  in  the 
plans  aforesaid,  and  to  take  due  care  that  the  whole  affair  be 
so  managed  and  conducted  that  no  injustice  be  done  to  any 
person  or  persons  that  shall  be  adventurers  therein.  And 
said  managers  shall  be  sworn  to  a  faithful  discharge  of  their 
trust,  and  shall  be  allowed  one  hundred  pounds  lawful  money 
for  their  trouble  and  to  defray  the  charge  of  said  lottery.  Pro- 
vided always  and  it  is  the  true  intent  and  meaning  of  this  act, 
that  no  greater  sum  be  raised  than  the  amount  of  the  value 
of  said  farms  appraised  as  aforesaid  together  with  the  money 
that  shall  be  put  in  and  the  aforesaid  one  hundred  pounds  to 
defray  the  charge  of  said  lottery,  and  that  no  deduction  shall 
be  made  from  the  fortunate  tickets  or  prizes  drawn  in  said 
lottery. 

Upon  the  memorial  of  Joshua  Holcomb  of  Symsbury,  rep- 
resenting to  this  Assembly  that  as  conservator  of  the  person 
and  estate  of  Silence  Griffin  of  said  Symsbury,  that  in  sup- 
porting the  said  Silence  there  hath  been  expended  over  and 
above  her  earnings  in  the  whole  the  sum  of  X18  \)s.  Sd. 
lawful  money,  an  account  whereof  was  exhibited  to  the 
county  court  held  at  Hartford  on  the  second  Tuesday  of 
April  1759,  and  allowed  and  approved  by  said  court,  and  that 
the  said  Silence  hath  no  estate  except  unimproved  lands, 
which  can  be  used  no  other  way  than  by  sale  thereof,  and 
praying  this  Assembly  to  impower  some  meet  person  to  sell 
so  much  of  the  said  lands  as  shall  procure  said  sum  of  <£18 
9s.  8d.  lawful  money  with  the  incident  charges  arising  on 
such  sale  and  a  further  sum  for  the  further  support  of  the 
said  Silence :  Resolved  by  this  Assembly,  that  so  much  of  the 
real  estate  of  said  Silence  may  be  sold  as  to  raise  the  sum 
of  X25  Os.  Od.  lawful  money,  and  that  Mr.  John  Case  of  said 
Symsbury  be  impowered  to  make  sale  of  so  much  of  the  real 
estate  of  said  Silence  as  shall  procure  said  sum  of  X25  Os.  Od. 
to  be  used  and  disposed  of  for  the  purpose  abovesaid. 

On  the  memorial  of  Jeremiah  McOmber,  of  New  Haven  in 
the  county  of  New  Haven,  shewing  to  this  Assembly  that  he 
being  appointed  conservator  of  the  persons  and  estate  of  Sam- 
uel Cooper  of  said  New  Haven  and  Elizabeth  Cooper  his  wife. 


278  PUBLIC  RECOEDS  [May, 

said  Elizabeth  now  deceased,  and  as  conservator  aforesaid 
hath  expended  large  sums  for  the  necessary  support  of  said 
Samuel  and  Elizabeth,  the  account  of  which  charge  he  exhib- 
ited before  the  county  court  in  the  county  of  New  Haven, 
which  accounts  were  allowed  and  approved  by  said  court,  by 
which  accounts  it  appears  that  there  is  due  to  said  conserva- 
tor the  sum  of  <£41  14s.  6^d.  lawful  money,  and  praying  that 
this  Assembly  would  enable  and  impower  him  to  sell  so  much 
of  the  real  estate  of  the  said  Samuel  Cooper  as  to  make  said 
sum  with  the  incident  charges,  as  per  memorial  on  file :  Re- 
solved by  this  Assembly,  that  the  said  Jeremiah  McOmber  be 
and  he  hereby  is  enabled  and  impowered  to  sell  so  much  of 
the  real  estate  of  the  said  Samuel  Cooper  as  shall  raise  a  sum 
sufficient  to  pay  said  sum  of  £41  14.s.  Q^d.  with  the  incident 
charges. 

On  the  memorial  of  Susannah  Basset,  of  New  Haven  in  the 
county  of  New  Haven,  administratrix  on  the  estate  of  Eben- 
ezer  Basset  late  of  said  New  Haven,  deceased,  shewing  to  this 
[193]  Assembly  that  the  debts,  charge  and  allowances  ||  against 
the  estate  of  the  said  deceased  exceed  the  whole  moveable 
estate  of  the  said  deceased  the  sum  of  X74  Os.  Sid.  lawful 
money ;  praying  that  she  might  be  enabled  to  sell  so  much  of 
the  real  estate  of  said  deceased  as  to  make  said  sum  with  in- 
cident charges,  as  per  memorial  on  file  :  Resolved  by  this  As- 
sembly, that  said  Susannah  Basset  be  and  she  is  hereby  en- 
abled to  make  sale  of  so  much  of  the  real  estate  of  the  said 
deceased  as  to  make  said  sum  of  <£74  Os.  8^d.  with  a  further 
sum  sufficient  to  pay  the  incident  charges ;  taking  the  direc- 
tion of  the  court  of  probate  in  the  district  of  New  Haven 
therein. 

Upon  the  memorial  of  Benjamin  Allyn  of  Windsor,  repre- 
senting to  this  Assembly  that  he  was  captain  of  a  company  in 
an  expedition  towards  Crown  Point  in  the  year  1756,  and 
that  he  received  several  orders  on  the  Treasurer  of  this  Col- 
ony for  and  towards  paying  the  first  month's  wages  of  the 
company  under  his  command  and  also  for  the  payment  of  the 
sum  due  on  his  muster-roll  of  said  company,  and  that  said 
Treasurer  refused  to  make  full  payment  of  said  last  mentioned 
order,  on  account  of  an  over-payment  of  said  first  orders  by 
his,  said  Treasurer's,  mistake,  and  that  altho'  the  same  had 
been  inquired  into  by  a  committee  appointed  by  the  Assembly, 
yet  for  want  of  proper  evidence,  not  then  known  to  the  memo- 
rialist, justice  has  not  been  done  in  said  matter;  praying  that 
a  committee  be  appointed  to  examine  into  said  matter  &c.  as 
by  the  memorial  on  file  appears :  Resolved  by  this  Assembly, 


l7o9.]  OF    CONNECTICU'f.  279 

that  Jabez  Hamlin,  Elihu  Chauncey  and  Seth  Wetmore,  Esq", 
be  and  they  are  hereby  appointed  a  committee  with  full  power 
to  examine  into  the  matters  of  complaint  in  said  memorial 
mentioned,  and  report  what  they  shall  find  in  the  premises 
with  their  opinion  thereon  to  this  Assembly  at  their  sessions 
in  October  next. 

On  the  memorial  of  John  Dyer  of  Canterbury,  administra- 
tor on  the  estate  of  Ebenezer  Dyer  late  of  New  Haven,  de- 
ceased, shewing  to  this  Assembly  that  in  the  month  of 
November  1755,  the  said  Ebenezer  entered  into  the  service  at 
Fort  Edward  as  fort-major  and  commissary  &c.  and  therein 
continued  till  April  1755,*  then  captivated  and  since  deceased; 
praying  this  Assembly  to  state  and  allow  wages  on  account  of 
the  service  of  said  Ebenezer  &c.  as  per  memorial  on  file :  Re- 
solved by  this  Assembly,  that  the  sum  of  twenty  pounds  be 
paid  the  memorialist  out  of  the  public  treasury  of  this  Colony, 
and  the  Treasurer  of  this  Colony  is  hereby  directed  and 
ordered  to  pay  the  same  accordingly. 

Upon  the  memorial  of  Mary  Fellows  and  Jonas  Marsh, 
executors  of  the  last  will  of  Jonathan  Fellows  late  of  Canaan, 
deceased,  representing  to  this  Assembly  that  the  debts  due 
from  the  estate  of  said  deceased  surmount  the  moveable  part 
of  said  estate  the  sum  of  twenty  pounds  one  shilling  and  nine 
pence ;  praying  that  land  be  sold  &c.  as  per  the  memorial  on 
file  appears :  Resolved  by  this  Assembly,  that  so  much  lands  of 
the  estate  of  the  said  deceased  Jonathan  Fellows  be  sold  as 
that  the  avails  thereof  may  be  sufficient  to  pay  said  X20  Is. 
9d.  with  the  incident  charges,  and  that  Mary  Fellows  and 
Jonas  Marsh  have  power,  (taking  the  advice  of  the  court  of 
probate  for  the  district  of  Sharon  therein,)  to  sell  such  lands 
and  make  deed  or  deeds  thereof  accordingly. 

On  the  memorial  of  Oliver  Thorp,  administrator  on  the 
estate  of  Joseph  Thorp  late  of  Wallingford,  deceased,  shew- 
ing to  this  Assembly  that  the  debts  due  from  the  estate 
of  Joseph  Thorp  late  of  Wallingford,'  deceased,  surmount 
[194]  the  personal  estate  of  said  deceased  sixteen  pounds 
seventeen  shillings  and  four  pence ;  praying  for  liberty  to  sell 
so  much  of  the  real  estate  of  said  deceased  as  shall  be  suffi- 
cient to  pay  said  sum  with  incident  charges  &c. :  Resolved 
by  this  Assembly,  that  the  memorialist  have  and  liberty  is 
hereby  granted  to  him,  to  make  sale  of  so  much  of  the  real 
estate  of  said  deceased  as  shall  be  sufficient  to  pay  said  debts 
with  incident  charges  arising  thereon ;  taking  the  direction  of 
the  com-t  of  probate  in  the  district  of  New  Haven  therein. 

*  So  in  the  record  and  original  bill,  but  should  be  1756. 


^80  PUBLIC  RECORDS  [May, 

Upon  the  memorial  of  James  Herrington,  administrator  on 
the  estate  of  Theophilus  Herrington  late  of  Norwich,  de- 
ceased, shewing  to  this  Assembly  that  the  debts  and  charges 
allowed  against  the  estate  of  said  deceased  surmount  the 
personal  estate  the  sum  of  X19  2s.  2^d.  and  praying  for  lib- 
erty to  sell  so  much  of  the  real  estate  of  said  deceased  as  to 
enable  him  to  pay  the  said  sum  of  X19  2s.  2id.  and  the  nec- 
essary charges  arising  on  such  sale :  Resolved  by  this  Assem- 
bly, that  the  said  James  Herrington  have  liberty,  and  liberty 
is  hereby  granted  to  him,  to  sell  so  much  of  the  real  estate 
of  the  said  deceased  as  to  enable  him  to  pay  the  said  sum  of 
£19  2s.  2^d.  and  the  necessary  charges  arising  on  such  sale; 
taking  the  direction  of  the  court  of  probate  in  the  district  of 
Norwich  therein. 

Upon  the  memorial  of  Jonathan  Foot,  administrator  on  the 
estate  of  David  Foot  late  of  Colchester,  deceased,  represent- 
ing to  this  Assembly  that  the  debts  and  charges  of  said 
deceased  surmount  the  personal  estate  of  said  deceased  the 
sum  of  <£125  Is.  l^d.  lawful  money;  praying  for  liberty  to 
sell  so  much  of  the  real  estate  of  said  deceased  as  shall  raise 
the  sum  aforesaid  with  the  incident  charges  thereon  arising: 
Whereupon  liberty  is  hereby  granted  to  the  said  Jonathan 
Foot,  to  sell  so  much  of  the  real  estate  of  said  deceased  as 
shall  raise  the  sum  aforesaid  with  the  incident  charges 
thereon  arising;  taking  the  direction  of  the  court  of  probate 
in  the  district  of  East  Haddam  therein. 

Upon  the  memorial  of  Osborn  Stephens  of  Killingworth, 
representing  to  this  Assembly  that  he  lost  his  arm  in  the 
army  in  the  last  year's  campaign  when  he  was  a  soldier  of 
this  Colony ;  praying  for  a  gratuity,  as  by  his  memorial  on 
file  appears:  Resolved  by  this  Assembly,  that  the  memorial- 
ist shall  have  out  of  the  public  treasury  of  this  Colony  the 
sum  of  fifty  pounds,  and  the  Treasurer  is  hereby  ordered  to 
pay  the  same  accordingly. 

Upon  the  memorial  of  Capt.  Joshua  Wills  of  Tolland,  ad- 
ministrator on  the  estate  of  Azariah  Wills  late  of  said  Tol- 
land, deceased,  shewing  to  this  Assembly  that  the  said 
Azariah,  a  soldier  in  the  service  of  this  Colony,  was  captiva- 
ted by  the  enemy  on  the  25th  of  June  1756,  and  carried  to 
Canada  and  holden  the  space  of  about  two  years  and  five 
months,  and  in  his  attempt  to  return  home  sickened  and  died 
at  Fort  Edward,  and  that  the  sum  of  £5  was  expended  in 
taking  care  of  said  Azariah,  beside  time  and  trouble  therein ; 
praying  an  allowance  <fec. :  Resolved  by  this  Assembly,  that 
there  be  paid  out  of  the  treasury  of  this  Colony,  and   the 


1759.]  OP    CONNECTICUT.  281 

Treasurer  is  hereby  ordered  and  directed  to  pay,  unto  the 
said  Joshua  Wills,  administrator,  the  sum  of  ten  pounds 
money  for  expence  and  trouble  as  aforesaid;  taking  his 
receipt  therefor. 

Upon  the  memorial  of  Caleb  Atwater  of  Wallingford, 
shewing  to  this  Assembly  that  he  was  a  private  soldier  in  the 
[195]  last  summer's  campaign,  and  that  ||  he  received  a  shot 
through  his  left  arm  near  his  shoulder,  by  means  whereof  he 
hath  ever  since  been  very  lame  and  is  like  to  continue  so, 
and  also  that  he  had  been  at  considerable  expence  for  his 
said  wound,  which  said  expence  was  likely  to  continue,  and 
that  his  circumstances  was  poor  and  necessitous,  and  praying 
for  some  relief  &c. :  Resolved  by  this  Assembly,  that  the 
sum  of  fifteen  pounds  be  paid  out  of  the  treasury  of  this 
Colony  to  the  said  memorialist,  to  enable  him  to  endeavour 
after  a  cure  for  his  said  wound. 

Upon  the  memorial  of  Amos  Carryl  and  Lucy  Carryl,  both 
of  Killingly  in  the  county  of  Windham,  administrators  on  the 
estate  of  John  Barret  late  of  Killingly  aforesaid,  deceased, 
shewing  to  this  Assembly  that  the  debts  due  from  the  estate 
of  said  deceased  surmount  the  personal  estate  the  sum  of 
thirty-eight  pounds  eleven  shillings  and  four  pence  half-penny 
lawful  money,  and  now  moving  for  liberty  to  make  sale  of  so 
much  of  the  real  estate  of  said  deceased  as  shall  be  sufficient 
to  pay  the  sums  abovesaid  with  the  incident  charges  arising 
thereon :  Resolved  by  this  Assembly,  that  the  said  adminis- 
trators have  liberty  to  sell  so  much  of  the  real  estate  of  the 
said  deceased  as  shall  be  sufficient  to  pay  the  sum  of  <£38  lis. 
4:^d.  lawful  money  with  the  incident  charges  arising  thereon ; 
taking  the  direction  of  the  court  of  probates  in  the  district  of 
Pomfret  therein. 

Upon  the  memorial  of  Rachel  Perkins,  of  New  Haven  in 
the  county  of  New  Haven,  administratrix  on  the  estate  of 
Thomas  Perkins  late  of  said  New  Haven,  deceased,  shewing 
to  this  Assembly  that  the  debts,  charge  and  allowances 
against  the  estate  of  the  said  deceased  exceed  the  whole 
moveable  estate  of  the  said  deceased  the  sum  of  X25  14s.  Id. 
lawful  money,  and  praying  that  she  might  be  enabled  and 
impowered  to  sell  so  much  of  the  real  estate  of  the  said 
deceased  as  shall  raise  a  sum  sufficient  to  pay  said  sum  of 
X25  14s.  Id.  with  the  incident  charges,  as  per  memorial  on 
file :  Resolved  by  this  Assembly,  that  said  Rachel  Perkins  be 
and  she  is  hereby  enabled  to  make  sale  of  so  much  of  the 
real  estate  of  the  said  deceased  as  shall  raise  a  sum  sufficient 
to  pay  said  sum  of  X25  14s.  Id.  with  incident  charges; 
36 


282  PUBLIC  RECORDS  [May, 

taking  the  direction  of  the  court  of  probate  in  the  district  of 
New  Haven  therein. 

Upon  the  memorial  of  John  Warner  and  the  rest  of  the 
inhabitants  of  the  parish  or  society  of  Stepney  in  the  town  of 
Weathersfield,  representing  that  the  improvable  lands  within 
the  limits  of  said  society  are  small,  that  within  a  few  years 
past  a  considerable  tract  of  land  called  the  commons  had 
been  laid  out  into  lots  lying  convenient  to  be  annexed  to  said 
society;  praying  that  the  limits  of  said  society  might  be 
extended  so  as  to  include  all  that  part  lately  commons  now 
laid  out  that  lies  between  the  present  limits  of  said  society 
and  the  country  road,  called  New  Haven  road,  that  leads 
from  said  town  of  Weathersfield  to  the  parish  of  Kensington, 
together  with  one-half  of  the  meadow  that  lieth  against  said 
society  of  Stepney,  and  that  the  same  be  annexed  to  said 
society  of  Stepney  <fec. :  Resolved  by  this  Assembly,  that 
Thomas  Wells,  Jabez  Hamlin  and  Samuel  Talcott,  Esq''^  be 
and  they  are  hereby  appointed  a  committee  to  view  the  cir- 
cumstances of  the  said  society  of  Stepney  and  the  lands 
prayed  to  be  annexed  thereto,  and  examine  the  reasonable- 
ness and  conveniency  of  their  being  so  annexed,  and  to  liear 
all  parties  respecting  the  same,  and  to  make  report  to  this 
Assembly  what  they  shall  find  with  their  opinion  upon  the 
whole,  at  their  sessions  in  October  next. 

[  196  ]  Upon  the  memorial  of  Benjamin  Bigelow  of  Hart- 
ford, representing  to  this  Assembly  that  it  will  be  greatly 
beneficial  to  the  public  to  keep  two  boats  at  Hartford  ferry 
on  Connecticut  River  under  proper  regulations  for  the 
conveniency  and  dispatch  of  travellers;  that  tlie  memorialist 
is  willing  to  keep  such  two  boats  under  such  regulations  as 
this  Assembly  shall  appoint,  provided  the  said  ferry  be  estab- 
lished at  the  ancient  ferry  place  which  the  memorialist  now 
owns,  and  the  same  be  fixed  as  the  only  place  of  landing ; 
that  there  is  another  place  something  lower  on  said  river 
which  has  lately  been  used  for  a  place  of  landing,  which  the 
memorialist  conceives  is  not  so  convenient  for  said  purpose 
and  if  suffered  to  be  so  used  will  be  prejudicial  to  the  public 
and  to  the  memorialist ;  praying  that  a  committee  be  appointed 
to  view  the  said  two  places  and  their  accommodations,  and 
discover  which  of  them  is  the  most  convenient  and  beneficial 
for  the  public  &c.,  as  per  the  memorial  on  file :  Resolved  by  this 
Assembly,  that  Roger  Wolcott  jun""  and  William  Wolcott, 
Esq^s,  and  Capt.  Joel  White  be  and  they  are  hereby  appointed 
a  committee  to  repair  to  said  ferry  and  to  view  the  said  two 
places  of  landing  with  the  respective  accommodations  and 


1759.]  OP    CONNECTICUT.  283 

conveniencies  thereto  belonging,  and  to  discover  which  of  the 
two  is  most  convenient  and  where  and  in  what  manner  it  will 
be  most  beneficial  that  said  ferry  be  established  and  fixed, 
with  all  circumstances  relative  thereto,  and  report  what  they 
shall  find  in  the  premises  with  their  opinion  thereon  to  this 
Assembly  or  to  the  Assembly  in  October  next. 

Upon  the  memorial  of  Sarah  Bill,  of  Groton  in  the  county 
of  New  London,  executrix  of  the  last  will  of  Benjamin  Bill 
late  of  said  Groton,  deceased,  representing  to  this  Assembly 
that  the  debts  due  from  the  estate  of  the  said  Benjamin  sur- 
mount the  moveal^le  estate  of  the  said  Benjamin  X120  12s.  Id. 
lawful  money,  and  that  there  is  real  estate  sufficient  to  pay 
said  sum ;  praying  this  Assembly  to  enact  that  lands  be  sold 
to  answer  said  sum:  Resolved  by  this  Assembly,  that  so 
much  land  of  the  estate  of  the  said  Benjamin  Bill  be  sold  as 
will  answer  said  sum  of  one  hundred  and  twenty  pounds 
twelve  shillings  and  seven  pence  lawful  money  with  the 
incident  charges;  and  Luke  Perkins,  Esq"",  of  said  Groton, 
and  the  said  executrix  are  hereby  impowered  to  sell  such 
lands  and  make  deed  or  deeds  thereof  accordingly ;  taking 
the  advice  of  the  judge  of  probate  for  the  district  of  New 
London  therein. 

Upon  the  memorial  of  Deodate  Davenport,  Esq"",  Samuel 
Sacket,  Esq"",  and  others,  proprietors  of  the  east  meadow 
(so  called)  in  New  Haven,  representing  that  the  said  meadow, 
containing  upwards  of  two  thousand  acres,  is  at  present  of 
very  little  profit  or  advantage  to  the  owners  thereof  or  to 
the  public,  by  reason  of  the  overflowing  of  the  tide:  but 
that  by  damming  or  dykeing  out  the  tide  and  erecting  a  good 
bridge  across  New  Haven  East  Biver,  on  both  sides  of  which 
said  meadow  lies,  the  same  miglit  probably  be  made  very  bene- 
ficial to  the  public  and  to  said  proprietors,  and  by  such  bridge 
the  village  of  East  Haven  would  be  connected  to  the  town 
plat,  to  the  mutual  benefit  of  both ;  and  altho'  the  major  part 
of  said  proprietors  have  agreed  to  build  such  dyke  &c.  and 
have  o1>tained  liberty  of  the  town  of  New  Haven  to  that  pur- 
pose, yet  they  cannot  apply  to  the  Governor  and  Council  for 
a  commission  of  sewers  thereon,  for  that  by  the  statute  of 
[197]  this  Colony,  ||  entituled  An  Act  for  preventing, punishing 
and  removing  nuisances  in  creeks,  rivers  and  other  water- 
courses, it  is  provided  that  no  obstruction  shall  or  may  be 
made  in  said  New  Haven  East  River  &c.,  as  by  said  statute 
appears ;  praying  for  liberty  to  dam  and  dyke  the  said  river, 
notwithstanding  the  provision  of  said  statute,  as  per  the  me- 
inorial  on  file :  Resolved  by  this  Assembly,  that  the  said  pro- 


284  PUBLIC  RECORDS  [May, 

prietors  of  said  meadow  (having  first  duly  obtained  a  com- 
mission of  sewers  to  that  purpose  according  to  law)  and  the 
commissioners  in  such  commission  named  and  appointed  have, 
and  liberty  and  full  power  is  hereby  given  and  granted  to 
them  to  dam  and  dyke  said  river  and  to  erect,  keep  up  and 
maintain  such  dyke,  dam  and  bridge  in  and  across  said  river 
for  the  purposes  aforesaid,  notwithstanding  the  statute  afore- 
said and  the  provision  therein  made,  but  for  all  and  any  such 
act  or  transaction  shall  and  are  hereby  altogether  indemnified 
from  and  against  all  and  every  person  whatsoever.  Always 
provided,  that  the  proprietors  of  said  meadow  shall  also  dur- 
ing the  continuance  and  keeping  up  such  dyke  and  dam  keep 
up  and  maintain  a  good  and  sufficient  cart-bridge  at  or  near 
said  place  across  said  river. 

Upon  the  memorial  of  Jabez  Lyon  and  John  Goodale,  both 
of  Woodstock  in  the  county  of  Windham,  administrators  on 
the  estate  of  John  Goodale  late  of  said  Woodstock,  deceased, 
shewing  to  this  Assembly  that  the  debts  due  from  the  estate 
of  said  deceased  surmount  the  personal  estate  the  sum  of 
thirty-nine  pounds  nineteen  shillings  and  two  pence  lawful 
money,  and  moving  to  this  Assembly  for  liberty  to  make  sale 
of  so  much  of  the  real  estate  of  said  deceased  as  shall  be 
sufficient  to  pay  the  abovesaid  sums  with  the  incident  charges 
arising  thereon :  Resolved  by  this  Assembly,  that  the  said 
administrators  have  liberty  to  sell  so  much  of  the  real  estate 
of  said  deceased  as  shall  be  sufficient  to  pay  the  said  sums  of 
<£39  19s.  2c?.  lawful  money  with  the  incident  charges  arising 
thereon ;  taking  the  direction  of  the  judge  of  probates  for  the 
district  of  Pomfret  therein. 

Upon  the  memorial  of  John  Safford,  of  Norwich  in  New 
London  county,  administrator  on  the  estate  of  Elijah  Porter 
late  of  Coventry,  deceased,  shewing  to  this  Assembly  that  the 
debts  of  the  said  deceased  surmount  the  moveable  estate  the 
sum  of  fifty-four  pounds  five  shillings  lawful  money,  and 
praying  for  liberty  to  make  sale  of  so  much  of  the  real  estate 
of  said  Porter  as  to  raise  said  sum  of  X54  5s.  with  incident 
charges  of  sale  &c.,  as  per  memorial  on  file:  Eesolved  by  this 
Assembly,  that  John  Safford  of  said  Norwich  be  impowered 
and  he  is  hereby  impowered  and  authorized  to  make  sale  of 
so  much  of  the  real  estate  of  the  said  Elijah  Porter,  deceased, 
as  to  raise  the  sum  of  fifty-four  pounds  five  shillings  lawful 
money  with  charge  of  sale ;  taking  the  direction  of  the  court 
of  probate  for  the  district  of  Windham  therein. 

Upon  the  memorial  of  an  Indian  named  Warrups,  of  Kent, 
shewing  to  this  Assembly  that  the  memorialist  is  owner  of 


1759.]  OP    CONNECTICUT.  28^ 

two  hundred  acres  of  land  which  he  purchased  of  John 
Read,  Esqi",  of  Fairfield,  adjoyning  to  the  west  side  of  Ousa- 
tunick  River  and  annexed  to  said  Kent,  and  that  Isaac  Bull  of 
said  Kent  is  desirous  to  purchase  about  ten  acres  of  said  land 
to  accommodate  him  in  the  use  of  some  mills  which  he,  the 
said  Bull,  hath  built  on  said  river,  and  that  said  ten  acres  is 
chiefly  waste  land,  not  fit  for  improvement ;  therefore  pray- 
ing this  Assembly  to  grant  the  memorialist  liberty  to  sell 
about  ten  acres  of  his  said  land  adjoyning  to  said  river  to  the 
said  Isaac  Bull  and  appoint  some  suitable  person  to  see  justice 
done  to  the  memorialist  in  the  sale  of  said  land  and  to  direct 
in  the  disposal  of  the  purchase  money  for  his  benefit 
[198]  (fee. :  II  Resolved  by  this  Assembly,  that  the  memorial- 
ist have  liberty,  by  and  with  the  advice  of  Mr.  Jabez  Swift  of 
said  Kent,  to  sell  to  the  said  Isaac  Bull  ten  acres  of  his  said 
land  adjoyning  to  said  river ;  and  the  said  Jabez  Swift  is 
hereby  appointed  to  see  that  justice  be  done  to  the  memorial- 
ist in  the  sale  of  said  land,  and  to  receive  the  purchase 
money  and  improve  the  same  for  the  use  of  the  memorialist 
in  such  manner  as  shall  be  most  for  his  benefit. 

Upon  the  memorial  of  Jedidiah  Fay,  representing  to  this 
Assembly  that  in  the  year  1758  he,  being  a  captain  in  the 
service  of  this  Colony  near  Fort  Ann,  was  wounded  in  his 
ankle  hj  the  enemy,  by  means  of  which  wound  he  was  put 
to  extraordinary  expence  and  his  life  in  danger,  and  that  he 
is  now  a  cripple  and  is  so  like  to  remain;  praying  for  help 
from  this  Assembly :  Resolved  by  this  Assembly,  that  the 
memorialist  have  paid  to  him  out  of  the  treasury  of  this 
Colony  the  sum  of  X23  Is.  5d.  on  account  of  his  extraordi- 
nary expence  by  reason  of  his  said  wound,  and  also  the  sum 
of  thirty-five  pound  for  loss  of  his  time  occasioned  thereby. 

Upon  the  memorial  of  Martin  Smith,  Noah  Bartholomew, 
Joseph  Kirby,  Gilljert  Hall  and  Abraham  Kirby,  inhabitants 
living  in  the  southwest  part  of  Litchfield  in  Litchfield  county, 
representing  to  this  Assembly  that  they  live  a  great  distance 
from  the  place  of  public  worship  in  said  Litchfield  and  near 
to  the  place  of  public  worship  in  the  parish  of  Judea  in 
Woodbury,  where  they  constantly  attend  public  worship; 
shewing  likewise  that  they  can  be  well  accommodated  for 
schooling  their  children  in  said  parish,  and  praying  that  they 
with  their  estates  may  be  annexed  to  said  parish,  there  to 
pay  all  parish  taxes,  and  to  be  released  from  paying  taxes  for 
the  support  of  the  ministry,  schools,  building  and  repairing 
of  meeting-houses  in  said  Litchfield,  as  per  memorial  on  file : 
Resolved  by  this  Assembly,  that  the  memorialists  with  their 


286  fUBLic  RtecoRDs  [May, 

estates  be  and  they  are  hereby  annexed  to  said  parish  of 
Judea,  there  to  pay  their  parislv  taxes  where  they  shall  be 
deemed  to  belong ;  and  they  are  hereby  released  from  paying 
taxes  for  the  support  of  the  ministry,  schools,  (the  stated 
grammar-school  excepted,)  and  building  and  repairing  of 
meeting-houses  in  said  Litchfield,  during  the  pleasure  of  this 
Assembly. 

Upon  the  memorial  of  the  inhabitants  of  the  parish  of 
New  Preston  in  the  county  of  Litchfield,  representing  that  a 
great  part  of  the  lands  within  the  limits  of  said  parish  or 
society  is  unimproved,  that  the  burden  of  the  charges  of  set- 
tling and  supporting  their  minister  is  great ;  praying  that  the 
said  unimproved  lan(ls  may  be  taxed  towards  the  defraying 
said  charges  &c. :  Resolved  by  this  Assembly,  that  a  rate  or 
tax  of  one  penny  half-penny  lawful  money  per  acre  be  laid 
and  assessed  on  all  the  unimproved  lands  in  said  parish  or 
society,  (exclusive  of  what  belongs  to  the  professors  of  the 
church  of  England  living  within  the  same,)  annually  for  two 
years  next  after  the  rising  of  this  Assembly,  to  be  improved 
to  and  for  the  use  of  said  society  and  for  the  defraying  the 
ministerial  charges  arising  within  the  same.  And  James 
Terrill  of  New  Milford,  living  in  said  society,  is  hereby  ap- 
pointed a  collector  to  collect  the  aforesaid  taxes  or  assess 
ments  and  to  pay  the  same  unto  the  committee  of  said  society : 
the  first,  by  the  first  of  November  next,  and  the  other  by  the 
first  of  November  A.  D.  1760. 

Upon  the  memorial  of  Josiah  Brownson  and  Susannah 
Drinkwater,  administrators  of  the  estate  of  William  Drink- 
[199]  water  late  of  New  Milford,  ||  deceased,  shewing  to  this 
Assembly  that  there  hath  appeared  debts  due  from  said  estate 
to  the  amount  of  ten  pounds  three  shillings  and  eleven  pence 
since  liberty  was  granted  by  this  Assembly  to  sell  lands  for 
payment  of  debts  then  appearing  to  be  due  from  said  estate, 
and  that  there  is  no  personal  estate  of  the  said  deceased  to 
pay  the  same,  therefore  praying  for  liberty  to  sell  so  much  of 
the  remaining  real  estate  of  said  deceased  as  shall  be  suffi- 
cient to  pay  said  sum :  Resolved  by  this  Assembly,  that  the 
memorialists  have  liberty  and  they  are  hereby  impowered  to 
sell  so  much  of  the  remaining  real  estate  of  the  said  William 
Drinkwater  as  shall  be  sufficient  to  pay  said  sum  of  .£10  3.s.  lid. 
and  the  incident  charges  of  such  sale ;  taking  direction  of 
the  court  of  probate  for  the  district  of  Woodbury  therein. 

Upon  the  memorial  of  Sarah  Johnson,  administratrix  on 
the  estate  of  Elijah  Johnson  late  of  Colchester,  deceased, 
representing  to  this  Assembly  tliat  the  debts  and  charges  on 


1759.]  OP    CONNECTICUT.  287 

said  deceased's  estate,  as  allowed  by  the  court  of  probate  for 
the  district  of  East  Haddam,  surmount  the  personal  estate  of 
said  deceased  the  sum  of  X14  12s.  9d.  lawful  money;  pray- 
ing for  liberty  to  sell  so  much  of  the  real  estate  of  said 
deceased  as  shall  raise  the  sum  aforesaid  with  the  incident 
charges  arising  thereon :  Whereupon  liberty  is  hereby  granted 
to  the  said  Sarah  Johnson  to  make  sale  of  so  much  of  the 
real  estate  of  said  deceased  as  shall  raise  said  sum  with  the 
incident  charges  thereon  arising;  taking  the  direction  of  the 
court  of  probate  in  the  district  of  East  Haddam  therein. 

Upon  the  memorial  of  Josiah  Bissel  and  others,  inhabit- 
ants of  the  first  society  in  Windsor  living  on  the  north  side 
of  the  rivulet  in  said  society,  praying  that  the  said  society 
may  be  divided  by  the  said  rivulet  into  two  ecclesiastical 
societies,  and  that  a  committee  may  be  appointed  to  examine 
into  the  present  state  of  said  society  and  the  interests  and 
immunities  belonging  to  the  same,  and  report  their  opinion 
thereon:  Granted  and  ordered  by  this  Assembly,  that  Rich- 
ard Lord,  John  Tully  and  Ebenezer  Wales,  Esq^'s,  be  and  are 
hereby  appointed  a  committee  to  repair  to  the  said  first 
society  in  Windsor  and  view  and  consider  the  circumstances 
of  the  same,  and  also  the  state  and  circumstances  of  Poquon- 
uck  society  in  said  Windsor,  and  notify  the  inhabitants  that 
they  may  be  heard  and  confer  with  relation  to  the  last-men- 
tioned society,  and  treat  with  them  concerning  any  addition 
that  may  be  made  from  that  society,  and  also  as  occasion 
shall  require  hear  the  said  first  society  concerning  the  inter- 
ests and  immunities  belonging  to  the  same,  and  make  report 
of  their  opinion  on  the  whole  to  this  Assembly  in  October 
next. 

Upon  the  petition  of  Tobey  Seegogen,  Moses  Chunks,  Dan- 
iel Cochets  and  others,  all  Pequot  Indians  living  in  Groton  in 
the  county  of  New  London,  who  are  called  the  Massantuck- 
sett  Tribe,  representing  that  they  brought  their  action  (sueing 
by  their  overseers,  John  Richards  and  Daniel  Coit,  Esq'%) 
against  William  Williams  jun'"  of  said  Groton,  to  the  county 
court  held  at  Norwich  in  the  county  of  New  London  by  ad- 
journment, on  the  first  Tuesday  of  February  1758,  demand- 
ing the  surrendry  of  a  certain  tract  or  parcel  of  land  in  said 
Groton,  containing  about  eighty-three  acres  and  ninety  rods, 
lying  in  said  Groton,  parcel  of  a  larger  tract,  as  in  the  origi- 
nal writ  is  more  fully  described,  therein  alledging  that  the 
said  Indians  in  the  year  1725,  and  long  before,  were  seized 
in  fee  of  the  said  large  tract  of  which  the  said  demanded 
[  200  ]   eighty-three  acres  ||  and  ninety  rods  was  part  <fec. : 


288  PUBLIC  RECORDS  [May, 

that  said  action  by  appeal  and  review  came  to  a  final  tryal 
at  the  superior  court  held  at  New  London  in  tlie  county  of 
New  London  in  September  1758,  on  the  plea  of  not  guilty; 
that  the  jury  found  the  said  William  Williams  jun""  not  guilty, 
and  that  judgment  thereon  was  rendered  by  said  court  for  the 
said  Williams  to  recover  his  cost  &c. ;  complaining  that  the 
jury  missed  the  law,  and  praying  for  another  tryal  of  said 
cause  &c. :  Resolved  by  this  Assembly,  that  the  petitioners  may 
be  allowed  and  they  shall  have  liberty  of  another  tryal  in 
said  action  at  the  superior  court  to  be  held  at  New  London  in 
the  county  of  New  London  on  the  fourth  Tuesday  of  Sep- 
tember next,  and  that  the  whole  cost  follow  the  final  judg- 
ment that  shall  be  given  in  said  action ;  and  that  in  case 
final  judgment  be  rendered  in  favour  of  said  petitioners, 
said  cost  taxt  in  favour  of  said  Williams  be  collected, 
said  court  shall  tax  the  same  sum  in  favour  of  said  petitioners 
and  render  judgment  accordingly. 

Upon  the  memorial  of  John  Clap  and  others,  inhabitants 
of  the  town  of  Greenwich,  representing  to  this  Assembly  that 
they  had  expended  sixty-nine  pounds  ten  shillings  in  main- 
taining one  Robert  Cromwell,  a  poor,  infirm,  decrepid  boy,  from 
the  27th  day  of  September  1755,  till  some  time  in  the  spring 
of  the  year  1758,  which  as  matters  then  appeared  belonged  to 
this  Colony  to  pay;  praying  for  said  sum,  and  that  the  Treas- 
urer of  this  Colony  may  be  ordered  to  pay  the  same,  sa\ang 
seven  pounds  ten  shillings  paid  to  Doctor  Mead,  as  by  the 
memorial  on  file  appears :  Resolved  by  this  Assembly,  that 
the  memorialist  shall  have  the  sum  of  sixty-two  pounds  out 
of  the  public  treasury  of  this  Colony  for  defraying  said 
charges,  and  the  Treasurer  of  this  Colony  is  hereby  desired 
and  ordered  to  pay  the  same  accordingly. 

Upon  the  memorial  of  William  Warner,  of  Windham  in  the 
county  of  Windham,  administrator  on  the  estate  of  Thomas 
Warner  late  of  Ashford  in  said  county,  deceased,  shewing  to 
this  Assembly  that  the  debts  due  from  the  estate  of  said  de- 
ceased surmount  the  personal  estate  the  sum  of  thirty-one 
pounds  nineteen  shillings  and  four  pence  one  farthing  lawful 
money,  and  moving  to  this  Assembly  for  liberty  to  make  sale 
of  so  much  of  the  real  estate  of  said  deceased  as  shall  be 
sufficient  to  pay  the  abovesaid  sum  with  the  incident  charges 
arising  thereon:  Resolved  by  this  Assembly,  that  the  said 
administrator  have  liberty  to  sell  so  much  of  the  real  estate 
of  said  deceased  as  shall  be  sufficient  to  pay  the  said  sum  of 
£1S  19s.  4:id.  lawful  money  with  the  incident  charges  arising 
thereon ;  taking  the  direction  of  the  judge  of  probate  in  the 
district  of  Pomfret  therein. 


1759.]  OF     CONNECTICUT.  289 

Upon  the  memorial  of  Elial)  Farnam  and  Phebe  Killam, 
administrators  on  the  estate  of  Jcphtha  Killam  late  of  Pres- 
ton, deceast,  shewing  to  this  Assembly  that  the  debts  due 
from  said  estate  surmount  the  personal  estate  of  said  deceast 
the  sum  of  ,£112  Is.  6^d.  lawful  money,  and  praying  for 
liberty  to  sell  so  much  of  the  real  estate  of  said  deceast  as  to 
make  said  sum  &c. :  Resolved  by  this  Assembly,  that  the 
memorialists  have  liberty,  and  liberty  is  hereby  granted  unto 
them,  to  make  sale  of  so  much  of  the  real  estate  of  the  said 
deceast  as  to  make  said  sum  of  <£112  Is.  6^d.  lawful  money 
with  the  incident  charges  arising  thereon;  taking  the  direc- 
tion of  the  court  of  prol)ate  in  the  district  of  Norwich  thereon. 

Upon  the  memorial  of  Joseph  Nickerson,  of  Ridgfield  in 
the  county  of  Fairfield,  shewing  to  this  Assem])ly  that  by 
discharging  a  gun  he  had  the  misfortune  to  have  his  left 
[201]  thumb  blown  away  and  his  hand  greatly  ||  disenabled, 
whereby  he  is  rendered  uncapable  of  doing  any  labour  for  his 
livelyhood ;  praying  this  Assem])ly  to  grant  license  to  him  to 
use  the  pedlar's  trade  within  this  Colony  without  paying 
anything  therefor  as  the  law  directs,  as  per  memorial  on  file : 
Resolved  by  this  Assembly,  that  he  have  license,  and  license 
is  hereby  granted  to  the  said  Joseph  Nickerson  to  use  the 
pedlar's  trade  within  this  Colony  for  the  space  of  two  years 
next  ensuing,  without  paying  anything  for  said  license. 

Upon  the  memorial  of  William  Stevens,  executor  of  the 
last  will  of  Ebenezer  Prindle  late  of  Fairfield,  deceased, 
shewing  to  this  Assembly  that  the  del)ts  due  from  the  estate 
of  said  deceased  surmount  the  moveable  estate  the  sum  of 
X6  8s.  life?.,  and  praying  for  liberty  to  sell  so  much  of  the 
real  estate  of  said  deceased  as  will  be  sufficient  to  pay  said 
sum  &G. :  Resolved  by  this  Assembly,  that  the  said  William 
Stevens  have  liberty  and  he  is  hereby  impowered  to  sell  so 
much  of  the  real  estate  of  said  deceased  Ebenezer  Prindle  as 
will  pay  and  satisfy  the  aforesaid  sum  of  X5  8s.  ll^d.  with 
tlie  incident  charges  arising  on  such  sale;  taking  direction 
from  the  court  of  probate  in  Fairfield  district  therein. 

Upon  the  memorial  of  Jonathan  Cooley  of  Fairfield,  ad- 
ministrator on  the  estate  of  Joseph  Whitlock  late  of  said 
Fairfield,  deceased,  shewing  to  this  Assembly  that  the  debts 
due  from  the  estate  of  said  deceased  surmount  the  moveable 
estate  the  sum  of  X49  lis.  Qd.  lawful  money,  and  praying  for 
liberty  to  sell  so  much  of  the  real  estate  of  said  deceased  as 
will  be  sufficient  to  pay  and  satisfy  said  sum  etc. :  Resolved  by 
this  Assembly,  that  the  said  Jonathan  Cooley  have  liberty  and 
he  is  hereby  impowered  to  make  sale  of  so  much  of  the  real 
37 


290  PUBLIC  EECORDS  [May, 

estate  of  the  said  deceased  Joseph  Whitlock  as  will  pay  said 
sum  of  X49  lis.  6d.  with  the  incident  charges  arising  on 
such  sale ;  taking  directions  of  the  court  of  probate  in  the 
district  of  Fairfield  therein. 

Upon  the  memorial  of  Jonathan  Smith,  administrator  on 
the  estate  of  John  Smith  late  of  Woodbury,  deceased,  shew- 
ing to  this  Assembly  that  the  delfts  due  from  said  estate  sur- 
mount the  moveable  part  of  said  estate  the  sum  of  X36  2s.  lOd. 
lawful  money,  and  praying  for  liberty  to  sell  so'  much  of  the 
real  estate  of  said  deceased  as  to  make  said  sum  &c. :  Resolved 
by  this  Assembly,  that  the  memorialist  have  liberty  and 
liberty  is  hereby  granted  unto  him  to  make  sale  of  so  much 
of  the  real  estate  of  the  said  deceased  as  to  make  said  sum 
of  X36  2s.  lOd.  lawful  money  with  the  incident  charges 
arising  thereon;  taking  the  direction  of  the  court  of  probate 
for  the  district  of  Woodbury  therein. 

Upon  the  memorial  of  Benjamin  Bull,  of  Milford  in  New 
Hartford  [^HaveTi]  county,  shewing  to  this  Assembly  that  he 
is  conservator  of  the  person  and  estate  of  his  mother,  Mrs. 
Sybbil  Bull  of  said  Milford,  and  that  for  keeping  and  provid- 
ing for  his  said  mother  he  hath  expended  the  sum  of  X34 
IGs.  ^d.  lawful  money  more  than  the  rents  of  her  estate,  that 
being  only  in  housen  and  lands,  and  praying  for  liberty  to 
sell  so  much  of  said  real  estate  as  to  satisfy  the  said  sum  of 
Xo4  16.S-.  9c?.  with  the  incident  charges  arising  thereon: 
Resolved  by  this  Assemljly,  that  the  memorialist  have  liberty, 
and  liberty  is  hereby  granted  to  the  memorialist  and  he  is 
hereby  fully  authorized  and  impowered,  to  sell  so  much  of  the 
said  Sybbei's  real  estate  as  shall  amount  to  the  aforesaid  sum 
of  X34  16s.  9ti  as  aforesaid,  with  the  incident  charges 
arising  thereon,  and  to  give  and  execute  a  deed  or  deeds  for 
the  same. 

[202]  On  the  memorial  of  John  Law,  shewing  to  this  Assem- 
bly that  there  had  been  a  prosecution  at  Albany  and  recovery 
against  him  for  expence  of  Mr.  Commissary  Elihu  Lyman's 
funeral,  and  that  he  must  suffer  the  loss  of  that  expence ; 
praying  for  relief :  Resolved  by  this  Assembly,  that  the  Com- 
mittee of  the  Pay-Table  be  and  are  hereby  directed  to  adjust 
the  accounts  that  may  be  produced  relative  only  to  the  funeral 
expences  of  said  Mr.  Lyman  and  the  cost  arisen  thereon,  and 
order  payment  out  of  the  public  treasury  for  the  same. 

Upon  the  memorial  of  Bbenezer  Hickox,  Lemuel  Beebe  and 
other  inhabitants  of  the  south  part  of  Danbury,  representing 
that  their  distance  from  the  place  of  public  worship  in  said 
town  is   sucli  that  they  cannot  conveniently  attend  thereon 


17r>9.]  OF    CONNECTICUT.  291 

with  their  families  &c.,  and  praying  that  the  first  society  in 
said  town  be  divided  and  of  part  thereof  a  new  one  erected 
according  to  certain  bounds  set  forth  in  said  memorial  &c. : 
Resolved  by  this  Assembly,  that  Capt.  John  Hitchcock  of 
New  Milford,  Mr.  Samuel  Olmsted  of  Ridgfield,  and  Mr. 
William  Lee  of  Fairfield,  be  and  they  are  hereby  appointed  a 
committee  to  repair  to  said  Danbury,  to  view  the  said  first 
society  and  the  situation  and  circumstances  of  the  memorial- 
ists in  regard  to  the  need  and  conveniency  of  their  being  set 
off  and  made  a  distinct  society,  and  to  hear  all  parties  con- 
cerned therein,  and  to  make  their  report  with  their  opinion 
on  the  premises  to  this  Assembly  in  October  next. 

Upon  the  memorial  of  Edward  Church  and  John  Churcli, 
both  of  Lyme,  administrators  on  the  estate  of  John  Churc;h 
late  of  Lyme,  deceased,  shewing  to  this  Asseml)ly  that  the 
debts  paid,  allowances  to  the  widow  for  necessaries,  court 
fees,  debts  still  due  from  the  estate  of  said  deceased,  surmount 
the  personal  estate  of  said  deceased  the  sum  of  <£78  10s.  Id. 
lawful  money ;  praying  for  liberty  to  make  sale  of  so  much  of 
the  lands  of  said  deceased  as  shall  amount  to  the  sum  of  X78 
10s.  Id.  L.  money,  with  the  incident  charges  arising  on  such 
sale  &c.,  as  per  memorial  on  file :  Resolved  by  this  Assembly, 
that  said  Edward  Church  be  and  he  is  hereby  appointed  and 
impowered  to  make  sale  of  so  much  of  the  real  estate  of  said 
deceased  as  shall  amount  to  the  sum  of  seventy-eight  pounds 
ten  shillings  and  one  penny  lawful  money  with  the  incident 
charges  arising  on  such  sale ;  taking  the  direction  of  the 
court  of  probate  for  the  district  of  New  London  therein. 

Upon  the  memorial  of  Abigail  Beck  with  of  Lyme,  adminis- 
tratrix on  the  estate  of  Philip  Beckwith  late  of  said  Lyme, 
deceased,  shewing  to  this  Assembly  that  the  whole  inventoried 
estate  of  said  deceased  amounts  to  the  sum  of  <£52  12s.  Od. 
L.  Money  ;  that  the  debts  paid  by  said  administratrix,  court 
fees,  allowances  to  the  widow,  with  debts  still  due  from  said 
estate,  amount  to  the  sum  of  <£69  5s.  2d.  lawful  money; 
praying  for  liberty  to  make  sale  of  the  lands  of  said  deceased 
for  the  payment  of  said  del  )ts  &c.  as  per  memorial  on  file : 
Resolved  by  this  Assembly,  that  the  said  Abigail  Beckwith 
be  and  she  is  hereby  appointed  and  impowered  to  make  sale 
of  the  said  lands  of  said  deceased  for  the  purpose  aforesaid. 
[203]  Upon  the  memorial  of  Samuel  Huntley  of  Lyme, 
executor  to  the  last  will  and  testament  of  Joseph  Huntly 
late  of  Lyme,  deceased,  shewing  to  this  Assembly  that  the 
debts  and  charges  due  from  the  estate  of  said  deceased  sur- 
mount the  personal  estate  of  said  deceased  the  sum  of  £43 


292  PUBLIC   RECOEDS  [May, 

17s.  Id.  L.  money  ;  praying  tliat  some  suitable  person  may  be 
appointed  to  make  sale  of  so  much  of  the  lands  of  said 
deceased  as  shall  amount  to  the  sum  of  forty-three  pounds 
seventeen  shillings  and  one  penny  lawful  money  with  the 
incident  charges  arising  on  such  sale,  as  per  memorial  on 
file  &c. :  Resolved  by  this  Assembly,  that  the  aforesaid  Sam- 
uel Huntley  be  and  he  is  hereby  appointed  and  impowered  to 
make  sale  of  so  much  of  the  lands  of  said  Joseph  Huntley, 
deceased,  as  shall  amount  to  the  sum  of  forty-three  pounds 
seventeen  shillings  and  one  penny  lawful  money  with  the 
incident  charges  arising  on  such  sale ;  taking  the  direction  of 
the  court  of  probate  for  the  district  of  New  London  therein. 
Upon  the  memorial  of  Jolni  Marvin  of  Lyme,  administrator 
on  the  estate  of  Adonijah  Marvin  late  of  said  Lyme,  deceased, 
shewing  to  this  Assembly  that  the  debts  paid  by  said  memo- 
rialist, court  charges  and  debts  still  due  from  the  estate  of 
said  deceased  surmount  the  personal  estate  of  said  deceased 
the  sum  of  .£31  12s.  Id.  lawful  money ;  praying  that  some 
suitable  person  might  be  appointed  to  make  sale  of  so  much 
of  the  lands  of  said  deceased  as  shall  amount  to  the  sum  of 
£S1  12s.  Id.  lawful  money  with  the  incident  charges  arising 
on  such  sale:  Resolved  by  this  Assembly,  that  said  John 
Marvin  be  and  he  is  hereby  appointed  and  impowered  to 
make  sale  of  so  much  of  the  lands  of  said  deceased  as  shall 
amount  to  the  sum  of  thirty-one  pounds  twelve  shillings  and 
seven  pence  lawful  money  with  the  incident  charges  arising 
on  such  sale ;  taking  the  direction  of  the  court  of  probate  for 
the  district  of  New  London  therein. 

Upon  the  memorial  of  Caleb  Bennit  of  Lyme,  administra- 
tor on  the  estate  of  Caleb  Bennit  of  Lyme,  deceased,  shewing 
to  tliis  Assembly  tliat  the  debts,  charges  &g.  due  from  the 
estate  of  said  deceased  surmount  the  personal  estate  of  said 
deceased  the  sum  of  £69  19s.  Id.  lawful  money ;  praying 
that  some  suital)le  })erson  be  appointed  to  make  sale  of  so 
nnich  of  the  lands  of  said  deceased  as  shall  amount  to  said 
sum  of  sixty-nine  pounds  nineteen  shillings  and  one  penny 
lawful  money  &c.  as  per  memorial  on  file :  Resolved  by  this 
Assembly,  that  said  memorialist  be  and  lie  is  hereby  appointed 
and  impowered  to  make  sale  of  so  much  of  the  lands  of  said 
deceased  as  shall  amount  to  the  sum  of  sixty-nine  pounds 
nineteen  shillings  and  one  penny  lawful  money  with  the  in- 
cident charges  arising  on  such  sale;  taking  tlie  direction  of 
the  court  of  probate  for  the  district  of  New  London  therein. 

Considering  the  awful  aspect  of  Divine  Providence  on  the 
protestant  nations  in  the  distressing  calamities  attending  the 


1759.]  OP    CONNECTICUT.  293 

present  war,  and  particularly  on  our  nation,  which,  notwith- 
standing the  instances  of  success  on  his  Majesties  arms,  yet 
remains  involved  therein  against  a  powerful  enemy :  Resolved 
by  this  Assembly,  that  his  Honour  the  Governor  be  desired 
to  issue  a  Proclamation  for  the  observation  of  a  day  of 
Fasting  and  Prayer  throughout  this  government,  suitable  to 
such  important  and  interesting  events  and  prospects. 

[204]  Resolved  by  this  Assembly,  That  his  Honour  the 
Governor  be  desired  to  receive  from  the  respective  clerks  of 
the  county  courts  in  this  Colony  copies  of  the  judgment  or 
judgments  by  such  court  affirmed  against  any  officer  or  officers 
in  his  Majesty's  regular  forces  for  neglecting  and  refusing  to 
deliver  over  to  be  taken  by  the  civil  authority  any  soldiers 
that  have  been  or  shall  be  properly  demanded  to  be  held  by 
such  civil  authority,  and  transmit  the  same  as  the  act  of 
Parliament  in  such  cases  provides ;  and  his  Honour  is  hereby 
desired  accordingly. 

Resolved  by  this  Assembly,  That  Col.  David  Whitney,  Col.  John 
Pitkin  and  Mr.  William  Wells  be  and  they  are  hereby  appointed 
a  committee  with  full  power  and  authority  to  lay  out  and  make 
plain  and  certain  the  said  new  country  road ;  and  they  are  hereby 
directed  to  begin  at  or  near  the  said  mansion-house  of  the  said 
deceased  Samuel  Humphrys  in  Symsbury,  and  thence  to  proceed 
according  to  the  general  course  of  said  new  prickt  way  towards 
Col.  David  Whitney's  now  dwelling-house  in  Canaan,  and  by 
substantial  and  durable  monuments  efEectually  to  describe  and 
make  plain  said  highway,  making  and  describing  the  same  to  be 
four  rods  wide  and  geiierally  neither  more  nor  less,  saving  only 
and  excepting  in  all  places  where  in  avoidance  of  any  immovealile 
or  insuperable  difficulty  or  observation  it  prove  necessary  they  are 
on  best  discretion  to  make  such  occasional  variations,  either  in  the 
course  or  width  thereof,  as  they  find  needful :  and  all  such  their 
doings  to  make  sufficiently  plain  and  certain ;  and  to  that  purpose 
they  are  (at  the  place  where  they  are  first  to  begin)  to  erect  or 
make  some  notaljle  and  durable  monument  on  either  side  said  way, 
and  such  like  monuments  also  thenceforward  make  the  distance  of 
eighty  rods  on  all  straight  lines  and  on  every  angle  or  occasional 
turn  of  said  way  shall  such  monuments  be  carefully  made  in  siich 
manner  as  that  the  same  may  long  endure  plain  and  incontestable 
evidence  of  the  course  and  extent  of  such  road  as  well  as  of  the 
limits  of  all  the  lands  abutting  or  to  be  abutted  or  bounded 
thereon.* 

Whereas  the  river  called  and  known  by  the  name  of  Hom- 
mosset  River  is  the  bounds  or  dividing  line  between  the  towns 
of  Guilford  and  Killingworth,  and  that  whereas  said  river 

*  For  a  more  complete  and  correct  copy  of  this  act  see  pages  299-300. 


294  PUBLIC   RECORDS  [May, 

in  the  great  swamp  called  and  known  by  the  name  of  the 
World's  End  Swamp  divides  into  many  branches  or  rivulets 
and  the  true  dividing  branch  never  was  agreed  upon  and 
settled  by  said  towns  through  said  swamp,  and  it  being  rep- 
resented to  this  Assembly  that  the  said  swamp  in  those 
months  by  law  prefixed  for  perambulating  the  line  or  renew- 
ing bounds  between  towns  is  impassable,  it  being  frequently 
overflowed  with  water :  Therefore  it  is  resolved  by  this  As- 
sembly, that  the  towns  of  Guilford  and  Killingworth  have 
liberty  and  liberty  is  hereby  granted  them  to  fix  and  renew 
their  l^ounds  through  said  swamp  in  any  month  or  season  in 
the  year,  and  that  the  same  shall  be  as  valid  as  tho'  the  same 
should  be  done  in  the  months  of  March  and  April ;  any  law, 
usage  or  custom  to  the  contrary  notwithstanding. 

This  Assembly  being  advised  that  the  road  or  way  now 
travelled  in  from  Hartford  to  New  Haven  through  the  town- 
ships of  Weathersfield,  Farmington,  Middleton  and  Walling- 
ford  is  very  crooked  and  indirect,  and  is  in  many  places  and 
respects  ill  chosen  and  unfit  for  use,  and  that  some  better- 
ments of  said  road  thro'  said  townships  or  some  of  them  may 
probably  be,  whereby  the  same  may  be  made  more  direct  and 
[205]  convenient  as  well  ||  for  carriages  as  travelling,  to  the 
great  accommodation  and  benefit  of  all  his  Majesty's  subjects 
occasionally  travelling  thro'  said  townships  to  said  New 
Haven :  It  is  thereupon  resolved,  that  Jabez  Hamlin  and  Seth 
Wetmore  of  Middleton,  Esq''%  and  Mr.  WilHam  Wells  of 
Glassenbury  be,  and  they  are  hereby,  appointed  a  committee, 
as  soon  as  conveniently  may  be,  to  repair  to  said  Hartford 
and  from  thence  to  and  thro'  said  townships  of  Weathersfield, 
Farmington,  Middleton  and  Wallingford,  and  with  all  care 
and  diligence  to  view  and  observe  said  road  now  used  in  the 
various  crooks  and  notable  turns  thereof,  and  them  duly  to 
note,  and  also  with  utmost  care  to  find  out  how  and  where  it 
may  be  practical)le  to  shorten  and  better  said  way  in  whole 
or  in  part,  and  a  full  description  thereof  with  their  doings 
thereon  to  make  report  to  this  Assembly  in  October  next,  or 
to  any  intervening  sessions  thereof  that  may  happen. 

Whereas  the  General  Assembly  in  May  last  having  before 
tliem  in  the  custody  of  the  officer,  by  virtue  of  an  arrest  for 
that  purpose  issued  upon  the  complaint  and  information  of 
the  King's  attorney,  one  Phineas  Cook  of  Wallingford,  made 
a  decree  and  gave  judgment  against  the  said  Cook  in  favour 
of  this  Colony  for  the  sum  of  sixty-nine  pounds  ten  shillings 
for  the  charge  of  keeping  and  providing  for  one  Robert 
Cromwell,  which  was  cast  upon  this  government    when  it 


1759.]  OF     CONNECTICUT.  295 

belong'd  to  said  Cook  to  pay,  and  also  for  X3  8s.  9d.  cost  of 
prosecution,  and  that  said  Cook  should  become  bound  to 
secure  the  government  from  future  charges,  and  the  said 
Cook  without  leave  of  said  Assembly  absconded  and  went  at 
large  against  the  will  of  the  said  Assembly  and  this  govern- 
ment, and  hath  not  fulfilled  and  performed  said  decree  :  Re- 
solved by  this  Assembly,  that  the  Secretary  of  this  Colony 
issue  out  a  writ  of  arrest  against  the  said  Cook  under  his 
hand  and  office,  directed  to  some  proper  officer  or  officers, 
commanding  them  in  his  Majesty's  name  to  arrest  the  body 
of  said  Cook  and  him  hold  in  custody  till  he  shall  comply 
with  said  decree. 

Upon  the  representation  of  Robert  Walker,  King's  attor- 
ney for  the  county  of  Fairfield,  that  there  is  a  tract  of  land 
and  real  estate  lying  in  the  township  of  Stratford  in  said 
Fairfield  county,  belonging  to  the  Governor  and  Company  of 
this  Colony,  taken  for  said  Governor  and  Company  from 
Jal)ez  Beardslee  of  said  Stratford  by  execution  on  a  judg- 
ment of  the  adjourned  county  court  held  in  Fairfield  on  the 
fourth  Tuesday  of  January  1758 :  It  is  thereupon  resolved  by 
this  Assembly,  that  said  lands  and  estate  be  sold  and  tlie 
avails  thereof  delivered  into  the  treasury  of  this  Colony  for 
the  government's  use,  and  that  Col.  Robert  Walker  be  a 
committee  to  sell  said  lands  and  make  deed  or  deeds  for  that 
purpose  and  transact  that  affair. 

This  Assembly  appoints  Thomas  Wells,  Esq'',  Col.  Samuel 
Talcott  and  Mr.  John  Whiting  a  committee  to  receive,  ex- 
amine and  adjust  the  accounts  of  the  towns  of  Milford,  Strat- 
ford, Fairfield,  Norwalk  and  Stanford,  respecting  the  quarter- 
ing his  Majesty's  48th  regiment  of  foot  the  winter  past  and 
providing  of  fire-wood  &c.  for  a  guard-house  and  hospital  in 
each  of  said  towns,  and  what  they  find  due  to  balance  said 
accounts  make  report  to  this  Assembly. 

Resolved  hy  this  Assembly,  That  the  Colony  brig  Tartar, 
with  all  her  tackle,  furniture  and  appurtenances,  l)e  sold  to  the 
best  advantage  of  this  government,  and  that  Hezekiah  Hunt- 
ington and  Jabez  Hamlin,  Esqfs,  })e  and  they  herel)y  are 
appointed  a  committee  in  the  name  and  behalf  of  this  gov- 
ernment to  transact  said  business  with  all  convenient  speed 
in  such  way  and  manner  as  to  them  may  be  tho't  best,  (sav- 
ing only  and  reserving  the  warlike  stores  and  implements 
thereto  l»elonging  to  the  further  order  and  disposal  of  this 
Assembly,)  and  to  such  purpose  all  necessary  instruments  in 
writing  to  execute,  and  all  such  moneys  as  they  in  negotiating 
and  transacting  said  affair  shall  receive  deliver  to  the  Treas- 


Y' 


296  PUBLIC   RECORDS  [May, 

urer  of  this  Colony,  taking-  his  receipt  thereof,  and  the 
[  206  ]  same  ||  together  with  securities  as  they  in  executing 
their  said  trust  may  see  fit  to  take,  to  lodge  with  the  Secre- 
tary of  this  Colony,  and  of  their  proceedings  in  the  premises 
to  this  Assembly  to  make  report. 

Ordered,  That  the  Treasurer  of  this  Colony  pay  out  of  the 
public  treasury  to  Capt.  Titus  Hurll»urt  of  New  London  the 
sum  of  twenty-eight  pounds  eleven  shillings,  in  full  of  his 
account  now  laid  l»efore  and  allowed  by  the  Assemltly  for  his 
service  in  taking  care  of  the  battery  and  warlike  stores  be- 
longing thereto  at  New  London  and  for  his  disbursements  to 
supply  said  battery  with  sundry  necessaries  from  May  Anno 
Bom.  1752  to  this  time. 

Resolved  hy  this  Assembly,  That  Capt.  Titus  Hurlburt  of 
New  London  l)e  desired,  and  he  is  hereV>y  desired  and  fully 
impowered,  to  ask,  demand,  recover  and  receive  of  any  per- 
son or  persons,  any  or  all  the  warlike  stores  that  did  belong 
to  the  Colony  sloop  Defence  or  to  the  Colony  brigantine 
Tartar,  and  to  take  effectual  care  that  the  same  may  be  well 
secured  for  the  benefit  of  this  Colony,  and  to  make  an  exact 
inventory  of  such  stores  and  send  the  same  with  his  account 
to  the  General  Assembly  at  their  sessions  in  October  next. 
And  the  said  Titus  Hurlburt  is  directed  to  enquire  of  any  of 
the  officers  that  did  l)elong  to  either  of  said  vessels  what 
stores  were  left  when  said  vessels  were  ordered  to  be  laid  up. 

Whereas  there  have  been  three  prosecutions  of  the  officers 
of  his  Majesty's  regular  forces  cantoned  and  quartered  in  this 
government  for  transgressing  the  act  of  Parliament  in  not 
delivering  over  to  the  civil  authority  such  soldiers  as  were 
informed  against  and  comi)lained  of  for  misdemeanors  upon 
proper  and  legal  demand,  two  of  said  prosecutions  being  had 
by  Rol)ert  Fairchild  and  Agur  Tomlinson,  Esq",  justices  of 
the  peace  for  the  county  of  Fairfield,  against  Sir  James  Cock- 
burn,  captain  in  tlie  48th  regiment,  and  confirmed  in  and  l)y 
the  county  court  held  in  Fairfield  on  the  third  Tuesday  of 
April  last,  and  the  other  against  William  Edmenston  a  cap- 
tain also  in  said  regiment,  had  by  John  Hubbard  and  Thomas 
Darling,  Esqi's,  justices  of  the  peace,  and  confirmed  by  the 
county  court  held  in  New  Haven  on  the  first  Tuesday  of 
April  last,  and  there  being  cost  arose  by  said  prosecutions, 
and  if  said  prosecutions  shall  be  carried  on  and  effectuated 
some  more  cost  will  arise :  It  is  therefore  resolved  Ity  this 
Assembly,  that  such  cost  as  shall  and  may  l^e  allowed  and 
taxed  by  the  said  respective  county  courts  shall  1)6  paid  out 
of  the  public  treasury  of  this  Colony,  and  the  Treasurer  is 
hereby  ordered  to  pay  the  same  accordingly. 


1769.]  OF    CONNECTICUT.  297 

Tliis  Assemlily  do  appoint  Eliphalet  Dyer,  Esq"",  to  be  Lieu- 
tenantr-Colonel  of  the  fifth  regiment  in  this  Colony. 

This  Assembly  grants  to  his  Honour  the  Governor  the 
sum  of  sixty-six  pounds  for  his  first  half-year's  salary  the 
current  year,  and  the  Treasurer  is  hereby  ordered  to  pay  the 
same  accordingly. 

This  Assembly  grants  to  his  Honour  the  Governor  the 
sum  of  sixty  pounds  for  his  extraordinary  services  the  last 
half-year,  and  the  Treasurer  is  hereby  ordered  to  pay  the 
same  accordingly. 

This  Assembly  grants  to  his  Honour  the  Deputy  Governor 
the  sum  of  thirty-three  pounds  for  his  first  half-year's  salary 
the  current  year,  and  the  Treasurer  is  hereby  ordered  to  pay 
the  same  accordingly. 

This  Assembly  grants  to  the  Hon'''^  Thomas  Fitch,  Es(f , 
Governor,  the  sum  of  forty  pounds  for  his  care  and  service 
relative  to  the  Colony's  monies  in  the  hands  of  Mr.  Agent 
Partridge  in  England  &c.  and  for  drawing  bills  of  exchange 
on  the  said  Agent  for  the  sum  ordered  to  be  negotiated  in 
that  manner  by  direction  of  this  government. 
[207]  This  Assembly  grants  to  George  Wyllys,  Esq"",  the  sum 
of  twenty  pounds  for  liis  salary  as  Secretary  of  this  Colony 
the  last  year,  and  the  Treasurer  is  hereby  ordered  to  pay  the 
same  accordingly. 

This  Assembly  grants  to  Joseph  Talcott,  Esq'',  the  sum  of 
one  hundred  pounds  for  his  service  as  Treasurer  of  this  Col- 
ony the  year  past,  and  the  Treasurer  is  here])y  ordered  to  pay 
the  same  accordingly. 

This  Assembly  grants  to  Joseph  Talcott,  Esq'",  the  sum  of 
thirty  pounds  for  his  extraordinary  services  as  Treasurer  of 
this  Colony  the  year  past,  and  the  Treasurer  is  ordered  to  pay 
the  same  accordingly. 

Ordered,  That  the  Treasurer  of  this  Colony  pay  out  of  the 
public  treasury  unto  Mr.  Timothy  Green,  printer  to  the  Gov- 
ernor and  Company,  the  sum  of  twenty-nine  pounds  seventeen 
shillings  for  his  last  half-year's  salary  and  in  full  for  sundry 
other  services  mentioned  in  his  account  now  exhibited  and 
allowed  by  this  Assembly. 

This  Assembly  appoints  John  Chester,  Thomas  Wells, 
Roger  Wolcott  jun''  and  Daniel  Edwards,  Esq's,  (JqI.  Joseph 
Pitkin  and  Col.  Samuel  Talcott,  to  attend  his  Hon""  the  De}> 
uty  Governor  at  this  place,  to  hear  the  records  of  the  acts 
and  doings  of  this  Assembly  publicly  read  and  see  the  same 
signed  by  the  Secretary  as  perfect  and  compleat. 

38 


298  PUBLIC   RECORDS  [May, 

An  Act  for  making  and  naming  a  new^  District  for  a  Court  of  Probate 
in  this  Colony  and  erecting  a  Court  of  Probate  therein. 

Be  it  enacted  hy  the  Governor,  Couyicil  and  Mepresentatives, 
in  Greneral  Court  assembled,  and  hy  the  authority  of  the  same, 
That  the  towns  of  Tolland,  Stafford,  Willington,  Somers, 
Union  and  the  parish  of  Ellington  in  Windsor,  shall  be  one 
district  of  and  for  a  court  of  probate,  and  shall  be  called  and 
known  by  the  name  of  the  District  of  Stafford,  and  that  in 
the  said  district  there  shall  be  a  court  of  probate  held  by  one 
judge  to  be  appointed  and  commissioned  for  that  purpose 
according  to  law,  who  shall  have  a  clerk  by  him  to  be 
appointed  and  sworn  to  that  office ;  which  court  shall  hav(  • 
and  exercise  the  same  powers,  authorities  and  priviledges 
that  the  other  courts  of  probate  in  this  Colony  have  by  law, 
and  all  appeals  from  said  court  of  probate  shall  be  regulated 
and  governed  according  to  the  order  and  directions  of  the 
law  respecting  appeals  from  the  courts  of  probate  in  this 
Colony. 

Provided  nevertheless,  That  all  matters  and  business  that 
have  been  begun,  entered  or  are  depending  in  either  of  the 
courts  of  probate  in  the  district  of  Hartford  or  Pomfret  shall 
be  issued  and  finished  in  such  courts  respectively  where  begun, 
entered  or  depending,  as  tho'  this  act  had  not  been  made ; 
anything  therein  contained  notwithstanding. 

Upon  the  memorial  of  Timothy  Edwards,  Susannah  Ed- 
wards, Eunice  Edwards,  Jonathan  Edwards,  Elizabeth  Edwards 
and  Pierpont  Edwards,  who  are  all  minors  and  under  the 
age  of  twenty-one  years  and  are  six  of  the  children  of  Mrs. 
Sarah  Edwards  of  Stockbridge  in  the  county  of  Hampshire 
and  Province  of  the  Massachusets  Bay,  late  deceased,  who 
appear  by  their  next  friend  Mr.  Timothy  Dwight  jun'',  of 
Northampton  in  the  county  of  Ham])shire  and  Province  afore- 
said, representing  that  the  said  Mrs.  Sarah  Edwards,  their 
mother,  by  her  last  will  and  testament,  dated  the  second  of 
October  A.  D.  1758,  did  devise  and  bequeath  all  lier  estate 
both  real  and  personal  (excepting  some  small  specifick 
legacies)  to  be  divided  equally  between  her  nine  children,  viz : 
Sarah  Parsons,  Mary  Dwight,  Lucy  Edwards  and  the  memo- 
rialists ;  that  at  the  time  of  said  devise  the  said  testatrix  was 
seized  (in  common)  of  the  moiety  or  half  part  of  a  certain 
messuage  in  the  town  of  Hartford  and  Colony  of  Connecticut, 
containing  in  the  whole  about  three  acres,  which  was  lately 
the  dwelling-house  and  homestead  of  her  kinsman  Mr.  Thomas 
[208]  Hooker,  ||  deceased,  bounded  east  on  the  land  of  Mrs. 
Mary  Clapp,  west  on  the  homestead  lately  belonging  to  Mr. 
John  Austin,  deceased,  north  mostly  on  the  land  of  Daniel 


1759.]  OP    CONNECTICUT.  299 

Skinner,  and  south  on  the  highway ;  as  also  of  a  small 
interest  in  that  tract  called  the  Five  Mile,  which  moiety  of 
said  messuage  and  premises  is  by  said  devise  become  the 
estate  of  the  said  nine  children,  of  whom  the  memorialists  are 
six,  in  such  proportion  that  they  each  hold  in  common  and 
undivided  one  eighteenth  part  of  the  whole,  and  no  more  ;  that 
the  circumstances  of  said  messuage  especially  are  such  as 
render  it  advisable  to  sell  it  rather  than  to  repair  the  build- 
ings thereon,  which  would  be  even  beyond  the  present  ability 
of  the  memorialists  to  do,  and  that  they  have  need  of  dispos- 
ing of  some  part  of  their  estate  to  promote  their  education; 
and  praying  that  the  said  Timothy  Dwight  jmv  and  the  said 
Timothy  Edwards  may  be  impowered  to  sell  said  messuage 
and  premises  &c. :  Resolved  by  this  Assembly,  that  the  afore- 
said Timothy  Dwight  jun'"  and  the  said  Timothy  Edwards 
shall  have  power,  and  full  power  and  authority  is  hereby 
granted  unto  them,  to  make  sale  of  the  memorialists'  whole 
right  and  share  in  the  aforesaid  messuage  and  in  the  said 
Five  Miles,  so  called,  by  deed  or  deeds  under  their  hands  and 
seals  upon  their  giving  sufficient  security  to  the  judge  of  the 
court  of  probate  for  the  district  of  Hartford,  to  be  lodged  in 
the  office  of  the  clerk  of  said  court,  that  the  avails  of  such 
sale  shall  be  paid  or  disposed  of  to  the  use  and  benefit  of 
said  memorialists  in  proportion  according  to  the  devise  in 
said  will,  and  that  such  sale  or  sales  of  the  premises  being 
duly  made  by  proper  deed  or  deeds  in  due  form  of  law 
executed  and  compleated  shall  to  all  intents  and  purposes  be 
effectual  for  the  transferring  and  conveying  of  the  memorial- 
ists' whole  right  in  the  said  messuage  and  premises  unto  the 
person  or  persons  that  shall  so  purchase  or  have  the  same, 
their  heirs  and  assigns. 

Whereas  this  Assembly  at  their  sessions  at  Hartford  in 
May  last  did  appoint  Col.  John  Pitkin,  Col.  David  Whitney 
and  Mr.  William  Wells,  together  with  Seth  Wetmore,  Esq"",  or 
any  three  of  them,  to  be  a  committee  to  repair  to  the  towns  of 
Symsbury,  New  Hartford  and  Norfolk,  and  (if  need  should 
be)  to  the  towns  adjacent,  carefully  to  view  and  observe  the 
road  or  way  at  present  used  thro'  said  towns  towards  the 
norwestern  part  of  Canaan,  and  to  explore  and  find  out  how 
or  where  any  other  shorter  or  better  way,  in  whole  or  in 
part,  might  be  practicable,  and  a  full  description  thereof 
with  their  opinion  thereon  to  exhibit  and  report  to  the  then 
next  General  Assembly:  And  whereas  the  said  committee 
having  not  been  able  to  attend  said  business  were  again  by 
this  Assembly  in  their  session  at  New  Haven  in  October  last 


300  PUBLIC   RECORDS  [May, 

anew  appointed  and  instructed  thereto,  and  accordingly  to 
this  present  Assembly  reported  as  follows,  viz :  We  did  in 
the  month  of  April  last  repair  to  the  abovesaid  towns  and 
towns  adjacent  and  view  the  road  now  used,  and  with  care 
and  diligence  have  taken  pains  to  find  out  a  shorter  and  as 
good  or  better  road  thro'  said  towns,  and  we  find  that  a 
straight  line  from  the  State  House  in  Hartford  to  Col.  Whit- 
ney's in  Canaan  is  about  west  36cZ  north,  and  we  find  that  the 
road  now  used  thro'  the  green  woods  in  the  said  towns  is 
much  south  of  a  straight  line  and  the  prickt  road  we  have 
now  viewed  and  report  in  favour  of  opening,  whose  greatest 
distance  either  north  or  south  from  a  straight  line  is  not 
more  than  two  miles,  which  road  last  described  we  are  of 
opinion  will  be  shorter  and  a  better  road  than  what  is  now  used ; 
and  with  this  our  report  we  committ  to  this  Hon'^'e  Assem- 
bly a  plan  of  the  abovesaid  towns  and  the  road  prickt  thereon 
as  direct  as  we  can  :  And  whereas  the  said  new  road  viewed 
and  recommended  and  on  said  plan  prickt  and  pointed  out  (as 
by  said  plan  now  lying  before  this  Assembly)  is  drawn  be- 
ginning at  the  State  House  in  Hartford,  thence  extending 
west  about  36  degrees  north  to  the  dwelling  house  of  Giles 
Pettibone  in  the  township  of  Norfolk :  And  whereas  all  such 
part  of  said  described  road  as  is  lying  between  said  State 
House  and  the  mansion-house  of  Lt.  Samuel  Humphrys,  late 
of  Symsbury,  deceased,  is  and  has  been  heretofore  ascertained 
and  brought  into  use. 

Resolved  hy  this  Assembly^  That  Col.  David  Whitney,  Col. 
John  Pitkin  and  Mr.  William  Wells  be  and  they  are  hereby 
appointed  a  committee  with  full  power  and  authority  to  lay 
out  and  make  plain  and  certain  the  said  new  country  road, 
and  they  are  hereby  directed  to  begin  at  or  near  the  said 
mansion-house  of  the  said  deceased  Samuel  Humphrys  in 
Symsbury,  and  thence  to  proceed  according  to  the  general 
course  of  said  new  prickt  way  toward  Col.  David  Whitney's 
now  dwelling-house  in  Canaan,  and  by  substantial  and  dur- 
able monuments  effectually  to  describe  and  make  plain  said 
highway,  making  and  describing  the  same  to  be  four  rods 
wide  and  generally  neither  more  nor  less,  saving  only  and 
[209]  excepting  in  all  places  where  in  avoidance  of  any 
immoveable  or  insuperable  difficulty  or  obstruction  it  prove 
necessary,  they  are  on  best  discretion  to  make  such  occasional 
variations  either  in  the  course  or  width  thereof  as  they  find 
needful ;  and  all  such  their  doings  to  make  sufficiently  plain 
and  certain.  And  to  that  purpose  they  are  (at  the  place 
where  tliey  are  first  to  begin)  to  erect  or  make  some  notable 
and  durable  moimments  on  either  side  said  way,  and  such 


1759."!  OP    CONNECTICUT.  301 

like  monuments  also  thenceforward  make  at  the  distance  of 
eighty  rods  on  all  straight  lines,  and  on  every  angle  or 
occasional  turn  of  said  way  shall  such  monuments  be  care- 
fully made,  in  such  manner  as  that  the  same  may  long 
endure  as  plain  and  incontestable  evidence  of  the  courses  and 
extent  of  such  road  as  well  as  of  the  limits  of  all  the  lands 
abutting  or  to  be  abutted  or  bounded  thereon. 

Upon  the  petition  of  John  Knap,  of  Stanford  in  the  county 
of  Fairfield,  vs.  Jonathan  Hoit,  Jonathan  Maltbie,  Esq^s,  and 
Jonathan  Clauson,  all  of  Stanford  aforesaid,  as  on  file,  the 
question  was  put,  whether  the  prayer  of  said  petition  should 
be  granted  :  Resolved  by  this  Assembly  in  the  negative.  Cost 
allowed  respondents  is  £2  12s.  lOd.  lawful  money.  Ex.  granted 
Oct.  20th  1759. 

On  the  petition  of  Thomas  Pierce,  of  Plainfield  in  the 
county  of  Windham,  and  the  rest  of  the  inhabitants  of  said 
Plainfield,  vs.  Mr.  David  Rowland  of  said  Plainfield,  (clerk,) 
as  on  file,  the  question  was  put,  whether  the  prayer  of  said 
petition  should  be  granted :  Resolved  by  this  Assembly  in  the 
negative.  Cost  allowed  respondent  is  £2  4s.  2d.  Ex.  granted 
June  8th  1759. 

Upon  the  petition  of  Abner  Burroughs,  of  Windsor  in  the 
county  of  Hartford,  vs.  Mary  Belknap  of  Windsor  aforesaid, 
executrix  of  the  last  will  and  testament  of  Samuel  Belknap 
late  of  Windsor  aforesaid,  deceased,  as  on  file,  the  question 
was  put,  whether  the  prayer  of  said  petition  should  be 
granted :  Resolved  by  this  Assembly  in  the  negative.  Cost 
allo'wed  respondent  is  XI  17s.  %d.  Ex.  granted  June  8th  1759. 

On  the  petition  of  John  Cliedle,  of  Ashford  in  the  county  of 
Windham,  vs.  Thomas  Chittenden,  of  Salisbury  in  the  county 
of  Litchfield,  as  on  file,  the  question  was  put,  whether  the 
superior  court  in  proceeding  to  and  rendering  judgment  as 
complained  of  in  the  petition  manifest  error  hath  intervened : 
liesolved  by  this  Assembly  in  the  negative.  Cost  allowed 
respondent  is  £2  4s.  Od.     Ex.  granted  June  8th  1759. 

Upon  the  petition  of  Andrew  McKenzee,  of  New  London  in 
the  county  of  [New]  London,  vs.  John  Simson  of  Norwich  in 
the  said  county  of  New  London,  as  on  file,  the  question  was 
put,  whether  the  prayer  of  said  petition  should  be  granted : 
Resolved  by  this  Assembly  in  the  negative.  Cost  allowed 
respondent  is  £1  19s.  lOd.  lawful  money. 

Cost  taxed  ajid  allowed  to  Thomas  Stanton,  of  Canterbury 
in  the  county  of  Windham,  vs.  James  Darby  of  said  Canter- 
bury, for  his  attendance  &c.  to  answer  the  petition  of  the 


302  PUBLIC    RECORDS  [Oct. 

said  James  Darby  entered  by  him    and  then  withdrawn,  is 
£1  8s.  Qd.     Ex.  granted  June  12th  1759. 

This  Assenil)ly  was  adjourn'd  by  proclamation  until  the 
Governor,  or  in  his  absence  the  Deputy  Governor,  shall 
see  cause  to  call  it  to  meet  again. 

Teste     George  Wyllys  Secret'y. 


[211]  Anno  Regni  Regis    Georgii   secundi   trigesimo-tertio. 

At  a  General  Assembly  of  the  Governor  and  Company  op 
HIS  Majesty's  English  Colony  op  Connecticut  in  New 
England  in  America  holden  at  New  Haven  in  said 
Colony    on   the  second    Thursday    op    October,  being 

THE    [eleventh]    DAY    OP    SAID    MONTH,    AND    CONTINUED    BY 

several  adjournments  until  the  [  ]  day  op  no- 

-  vember  next  pollowing,  annoque  Domini  1759. 

Present  : 

The  Honi^'e  Thomas  Fitch,  Esq"",  Governor. 

The  Hon^ie  William  Pitkin,  Esq"",  Deputy  Governor. 
Roger  Newton,  John  Chester,       ^ 

Ebenezer  Silliman,  Thomas  Welles,  j^     ^^ 

Jonathan  Trumble,  Benjamin  Hall,       ^-    .       f  \ 

Hezekiah  Huntington,       Daniel  Edwards, 
Andrew  Burr,  Jabez  Hamlin,       ^ 

Representatives  or  Deputies  of  the  several   Towns  hereafter 

vnentioned  retur7hed  to  attend  at  this  Assembly.,  viz  : 
Col.  Joseph  Pitkin,  Col.  Samuel  Talcott,  for  Hartford. 
Col.  John  Hubbard,  Mr.  John  Whiting,  for  New  Haven. 
Mr.  David  Gardner,  Capt.  Pygan  Adams,  for  New  London. 
Mr.  David  Rowland,  for  Fairfield. 

Mr.  Samuel  Gray,  Capt.  Samuel  Murdock,  for  Windliam. 
Col.  Ebenezer  Marsh,  Capt.  Elisha  Sheldon,  for  Lichfield. 
Capt.  Jabez  Huntington,  Mr.  David  Lothrop,  for  Norwich. 
Col.  Shubael  Conant,  Mr.  William  Hall,  jun'",  for  Mansfield. 
Col.  David  Whitney,  Mr.  James  Bebee,  for  Canaan. 
Mr.  Samuel  Kimberly,  for  Glassenbury. 
Mr.  Samuel  Olmstead,  Mr.  Stephen  Smith,  for  Ridgfield. 
Capt.  Obadiah  Johnson,  Col.  John  Dyer,  for  Canterbury. 
Mr.  Phineas  Strong,  Mr.  Joseph  Strong,  for  Coventry. 
Capt.  Sam'  Kent,  Capt.  Benja.  Kent,  for  Suffield. 
Mr.  John  Strong,  Capt.  William  Wadsworth,  for  Parmington. 
Capt.  Samuel  Petibone,  Capt.  Nath'  Baldwin,  for  Goshen. 
Capt.  Elijah  Worthington,  Mr.  Dudley  Wright,  for  Colchester. 
Col.  Timothy  Stone,  Mr.  Edmund  Ward,  for  Guilford. 


1759.]  OF    CONNECTICUT.  303 

Major  Bzekiel  Pierce,  Capt.  Thomas  Stephens,  for  Plainfield. 

Capt.  Abijah  Catling,  Mr.  Daniel  Catling,  for  Harwington. 

Col.  Robert  Walker,  Mr.  Ichabod  Lewis,  for  Stratford. 

Mr.  Joseph  Sexton,  for  Sommers. 

Mr.  Michael  Humphry,  Mr.  Joseph  Wilcoxson,  for  Symsbury. 

Mr.  Jabez  Swift,  Mr.  Daniel  Lee,  for  Kent. 

Capt.  William  Hoadley,  Capt.  Robert  Foot,  for  Brandford. 

Mr.  Joseph  Piatt,  for  Norwalk. »»^_ 

Capt.  Samuel  Ely,  Mr.  Eleazer  Marther,  for  Lyme. 

Mr.  Isaac  Kellogg,  Mr.  Eleazer  Goodwin,  for  New  Hartford. 

Capt.  Hezh  Whittlesey,  Capt.  John  Murdock,  for  Saybrook. 

[212]  Capt.  Elisha  Williams,  Mr.  Joseph  Bordman,  for 
Weathersfield. 

Maj.  Edward  Allin,  Capt.  John  Fowler,  for  Milford. 

Mr.  Cliarles  Whittlesey,  Capt.  Samuel  Hull,  for  Wallingford. 

Mr,  Abraham  Davenport,  Mr.  Charles  Webb,  for  Stanford. 

Mr.  Christopher  Holmes,  for  East  Haddam. 

Mr.  Josiah  Stoddard,  Capt.  Samuel  Moor,  for  Salsbury. 

Mr.  James  Wadsworth,  Ca})t.  James  Wadsworth,  for  Durham. 

Mr.  Roger  Sherman,  Mr.  Partridge  Thatcher,  for  New  Milford. 

Mr.  Daniel  Booth,  Capt.  Henry  Glover,  for  Newtown. 

Mr.  Ebenezer  Williams,  Mr.  Jonathan  Dresser,  for  Pomjjhret. 

Mr.  Seth  Wetmore,  Mr.  Mathew  Talcott,  for  Middletown. 

Capt.  Robert  Dixson,  Mr.  John  Smith,  for  Voluntown. 

Capt.  Samuel  Bassett,  Capt.  James  Wlieeler,  for  DarJjy. 

Mr.  Zebulon  West,  Capt.  Joshua  Wills,  for  Tolland. 

Mr.  Benjamin  Gale,  Capt.  Elnathan  Stephens,  for  Killings- 
worth. 

Capt.  Timothy  Judd,  Mr.  Thomas  Mathews,  for  Waterbury. 

Capt.  Joshua  West,  Mr.  William  Williams,  for  Lebanon. 

Mr.  John  Phelps,  Mr.  Alexander  Phelps,  for  Hebron. 

Mr.  Jacob  Dressar,  Capt.  Samuel  Danielson,  for  Killingley. 

Mr.  Isaac  Johnson,  Mr.  Manassah  Hosmer,  for  Woodstock. 

Capt.  Benjamin  Talcott,  Mr.  David  Strong,  for  Bolton. 

Mr.  Edward  Collins,  for  Endfield. 

Mr.  Daniel  Aldin,  Mr.  Nathan  Johnson,  for  Stafford. 

Mr.  Amos  Babcock,  Capt.  Jedidiah  Fay,  for  Ashford. 

Mr.  Daniel  Sherman,  Colo.  Benjamin  Hinman,  for  Woodljury. 

Mr.  Comfort  Starr,  Capt.  Lemuel  Beel)ee,  for  Danbury. 

Mr.  Erastus  Wolcott,  for  Windsor. 

Mr.  John  Clapp,  Mr.  Nath'  Sacket,  for  Greenwich. 

Mr.  Hezekiah  Brainerd,  for  Haddam. 

Mr.  Simeon  Minor,  Capt.  Amos  Cheesbrough,  for  Stonington. 

Colo.  Christopher  Avery,  Capt.  Jabez  Smith,  for  Groton. 

Capt.  William  Witter,  Mr.  Nath'  Brown,  for  Preston. 


304  PUBLIC    RECORDS  [Oct. 

Colo.  Shiibael  Conant,  Speaker,    ^  of  the  House  of  Repre- 
Capt.  Jabez  Huntington,  Clerk,    J  sentatives. 

An  Act  relating  to  Quarters  for  his  Majesty's  Regular  Forces  in  this 

Colony. 

Whereas  it  may  be  found  necessary,  during  the  continuance 
of  the  war  in  America,  that  some  of  his  Majesty's  regular 
troops  be  quartered  in  this  Colony  in  the  winter :  Therefore, 

Be  it  enacted  hy  the  Governor^  Council  and  Representatives, 
in  General  Court  assembled,  and  hy  the  autJiority  of  the  same, 
That  when  and  so  often  as  his  Honor  the  Governor  of  this 
Colony  shall  find  it  necessary  for  his  Majesty's  service  that 
some  of  his  Majesty's  regular  troops  be  quartered  or  billeted 
ill  this  Colony  for  and  during  the  winter  season  or  for  any 
shorter  term  or  time,  that  the  Governor  be  and  he  is  hereby 
desired,  by  and  with  the  advice  of  the  Council,  to  canton  out 
[213]  such  troops  in  such  towns  and  places  ||  as  he  shall 
judge  most  beneficial  for  his  Majesty's  service,  and  in  the 
easiest  manner  for  the  inhabitants  of  this  Colony,  and  accord- 
ingly to  issue  proper  orders  to  the  civil  authority  and  select- 
men of  such  towns  to  provide  quarters  and  make  out  billets 
foi"  such  troops. 

And  he  it  further  enacted  hy  the  authority  aforesaid,  That 
such  civil  authority  and  selectmen,  on  their  receiving  such 
orders  from  the  Governor,  be  and  are  hereby  fully  authorized 
and  impowered  to  assign  the  particular  room,  house  or  houses, 
in  which  such  and  so  many  of  such  officers  and  soldiers  as 
shall  be  ordered  to  such  town  or  place  shall  be  quartered,  and 
to  proportion  the  number  to  each  room  or  house,  according 
to  the  state  and  circumstances  thereof;  and  if  need  so  require 
to  impress  such  room,  house  or  houses,  by  warrant  signed  by 
any  two  or  more  of  such  civil  authority. 

And  whereas  by  an  act  made  and  passed  Ijy  the  Parliament 
of  Great  Britain,  entituled  An  act  for  punishing  mutiny  and 
desertion  and  for  the  better  payment  of  the  army,  it  is 
enacted  and  among  other  things  provided,  that  during  the 
continuance  of  said  act  soldiers  in  England,  Wales,  and  the 
town  of  Berwick  upon  Tweed,  may  be  billeted  in  inns,  livery- 
stables,  ale-houses,  victualing-houses,  and  all  houses  of  persons 
selling  brandy,  strong  waters,  cider  and  metheglin,  by  retail, 
to  be  drank  in  such  houses  &c.,  the  owners  of  which  houses  on 
whom  soldiers  shall  be  billeted,  as  a  reward  for  such  enter- 
tainment and  billeting,  shall  be  paid  for  one  commission 
officer  under  the  degree  of  a  captain,  for  his  diet  and  small- 
beer  per  diem  one  shilling,  and  for  one  foot-soldier's  diet  and 
small-beer  per  diem  four  pence.  And  whereas  this  part  of 
said  act  is  not  by  the  Parliament  extended  to  the  Plantations, 


1759.]  OF    CONNECTICUT.  305 

nor  is  any  rule  settled  for  quartering  soldiers  in  this  Colony, 
Ijut  the  same  is  left  to  be  settled  by  the  Governor  or  govern- 
ment here :  and  there  not  being  a  sufficient  number  of  inns, 
ale-houses  &g.  among  us  for  the  reception  and  entertainment  of 
such  and  so  many  of  his  Majesty's  regular  troops  as  his  ser- 
vice may  require  to  be  quartered  here  during  the  winter 
season,  neither  can  such  officers  and  soldiers  be  quartered 
here  at  the  several  rates  stated  and  fixed  by  said  act  of 
Parliament  for  the  payment  of  soldiers  quarters  in  England ; 
and  altho'  six-pence  sterling  per  dinn  is  allowed  by  the  crown 
for  victualing  his  Majesty's  troops  in  America,  yet  no  more 
than  four-pence  sterling  jyer  diem  can  be  obtained  of  any 
officer  or  pay-master  here  for  victualing  such  troops,  when 
the  same  cannot  be  done  here  for  less  than  six-pence  without 
manifest  loss :  Therefore, 

Be  it  enacted  hy  the  authority  aforesaid,  That  every  person 
in  this  Colony  on  whom  any  commission-officer  under  the 
degree  of  a  captain,  non-commissioned  officer,  or  foot-soldier 
shall  l)e  quartered  or  billeted  in  pursuance  of  this  act,  as  a 
reward  for  such  entertainment  and  billeting  over  and  above 
the  several  respective  allowances  mentioned  in  said  Act  of 
Parliament,  shall  be  entitled  to  two  pence  sterling  per  diem 
for  each  officer  and  soldier's  diet  &c.  to  be  paid  out  of  the 
treasury  of  this  Colony  for  and  on  account  of  the  crown. 

Provided  always,  and  he  it  further  enacted,  That  any  per- 
son or  persons  on  whom  such  officers  and  soldiers  shall  be 
quartered,  who  shall  be  permitted  by  or  have  the  order  of  the 
Governor  to  provide  for  them  only  candles,  vinegar,  salt, 
small-lieer,  and  also  allow  them  the  use  of  fire  and  the 
necessary  utensils  for  dressing  and  eating  their  meat,  shall 
be  allowed  and  paid  out  of  the  treasury  of  this  Colony  for 
each  commissioned  officer  under  the  degree  of  a  captain  per 
week  six  shilling,  and  for  each  non-commissioned  officer  and 
soldier  per  diem  three  pence  lawful  money,  in  like  manner  for 
and  on  account  of  the  crown. 

Ayid  he  it  further  enacted  hy  the  authority  aforesaid,  That  in 
case  any  person  or  persons  on  whom  any  officers  or  soldiers  shall 
be  quartered  as  aforesaid  and  he  or  they  shall  provide  for 
them  diet  and  small-beer  as  aforesaid  and  shall  not  be  duly  paid 
the  several  rates  and  allowances  as  stated  and  fixed  by  the 
aforesaid  act  of  Parliament  for  inn-keepers  &c.  in  England  <fec. 
to  receive  for  victualing  such  officers  and  soldiers  according 
to  the  settled  rules  and  customs  for  payment  of  soldiers 
[214]  quarters  there,  ||  then  and  in  such  case  every  such  order 
or  warrant  for  quartering  or  billeting  such  officers  and  soldiers 
39 


306  PUBLIC    RECORDS  [Oct. 

ftho'  otherwise  made  according  to  the  directions  of  this  act) 
shall  cease  and  become  void ;  and  every  such  person  or  per- 
sons shall  be  wholly  discharged  and  indemnified  for  refusing 
to  entertain  any  such  oificer  or  soldier. 

And  be  it  fui-ther  enacted  by  the  antliority  aforesaid,  That 
there  shall  no  billets  be  allowed,  nor  shall  any  but  effective 
men  be  billeted  on  any  inhabitant  in  this  Colony ;  anything 
in  this  act  to  the  contrary  notwithstanding. 

And  whereas  it  hath  been  found  by  experience,  that  private 
soldiers  carrying  their  arms  not  only  when  on  duty  but  at 
other  times  hath  been  the  occasion  of  notorious  breaches  of 
the  peace,  to  the  terror  and  disquiet  of  his  Majesty's  good 
subjects :  For  remedy  whereof, 

Be  it  further  enaHed  by  the  authority  aforesaid,  That  his 
Honor  the  Governor  be  and  he  is  hereby  desired  to  correspond 
with  his  Majesty's  Commander-in-Chief  or  other  chief  officer 
on  that  head,  and  give  proper  orders  to  prevent  such  soldiers 
carrying  their  arms  at  any  time,  except  when  called  to  duty. 

And  whereas  it  may  be  sometimes  necessary  to  quarter  and 
billet  in  this  Colony  recruiting  officers  and  recruits  in  his 
Majesty's  regular  forces  employed  for  the  defence  of  his 
Majesty's  North  American  dominions. 

Be  it  enacted  by  the  authority  aforesaid.  That  when  and  as 
often,  and  during  the  continuance  of  this  act,  application 
shall  be  therefor  made  by  any  such  recruiting  officer  or  officers 
to  any  Assistant  or  justice  of  the  peace  inhabiting  in  any 
town  within  this  Colony,  such  Assistant  or  justice  of  the  peace 
are  hereby  required,  with  all  convenient  speed,  to  quarter  and 
billet  such  recruiting  officer  and  recruits  in  his  Majesty's 
service,  in  any  of  the  public-houses  within  such  town,  licenced 
for  the  retailing  strong  liquors  by  small  quantities;  and  the 
officers  and  soldiers  so  quartered  and  billeted  shall  be  received 
and  supplied  with  diet  and  small-beer  or  cyder  by  the  occu- 
piers of  such  licenced  house :  payment  and  allowance  to  be 
made  therefor  by  such  recruiting  officers  at  the  rates  here- 
after particularly  expressed,  viz:  for  one  commission-officer 
of  foot  under  the  degree  of  a  captain,  for  his  diet  and  small- 
beer  jjer  diem  one  shilling  sterling,  and  if  such  officer  shall 
have  an  horse  or  horses  for  hay  for  each  per  diem  six-pence 
sterling,  and  for  each  foot-soldier  of  any  such  recruiting  party, 
for  diet  and  small-beer  per  diem  four-pence  sterling. 

And  it  is  further  enacted  by  the  authority  aforesaid,  That 
every  person  in  this  Colony  on  whom  any  non-commissioned 
officer  or  foot-soldier  Ijelonging  to  any  such  recruiting  party 
shall  be  quartered  or  billeted  in  pursuance  of  this  act,  as  a 
reward  for  such  entertainment  and  billeting  over  and  above 


1759.]  OP    CONNECTICUT.  •   307 

the  allowance  above  mentioned,  shall  be  allowed  three-pence 
lawful  money  i^er  diem  to  be  paid  out  of  the  treasury  of  this 
Colony. 

And  it  is  further  enacted,  That  if  the  occupier  of  any  such 
public  licenced  house  shall  refuse  to  receive  and  victual  any 
such  ofiicer  or  soldier  so  quartered  and  billeted  upon  him 
according  to  the  directions  of  this  act,  and  be  tliereof  duly 
convicted  l)efore  any  one  Assistant  and  justice  of  the  peace, 
or  two  justices  of  the  same  county,  (one  being  of  the  quorum,) 
every  person  so  offending  shall  forfeit  to  and  for  the  use  of 
this  Colony  the  sum  of  forty  shillings  lawful  money,  to  be 
levied  by  distress  and  sale  of  the  goods  of  the  person  so 
offending,  by  warrant  under  the  hands  of  said  authority  be- 
[21.1]  fore  whom  such  conviction  shall  be,  ||  to  be  directed  to 
the  sheriff  of  said  county,  his  deputies,  or  constables  of  the 
town  wherein  such  offender  shall  dwell. 

Always  provided,  That  no  recruiting  officer  or  party  shall 
be  billeted  or  quartered  in  any  one  place  for  more  than 
seven  days  at  a  time ;  anything  in  this  act  contained  to  the 
contrary  notwithstanding. 

This  act  to  be  and  continue  in  force  from  the  rising  of  this 
Assembly  until  the  last  day  of  November  one  thousand  seven 
hundred  and  sixty,  and  no  longer. 

An  Act  in  Addition  to  a  La^w  of  this  Colonv  intituled  An  Act  concern- 
ing Book  Debts. 

Be  it  enacted  hy  the  Governor,  Council  and  Representatives, 
in  General  Court  assembled,  and  hy  the  authority  of  the  same, 
That  in  every  action  of  debt  brought  on  book,  wherein  it  shall 
appear  upon  tryal  that  the  plaintiff"  in  the  action  is  in  arrear 
in  debt  to  the  defendant  to  balance  book  accounts,  the  court, 
assistant,  or  justice  of  the  peace,  before  whom  the  tryal  shall 
be,  shall  give  judgment  for  the  defendant  to  recover  the 
same  of  the  plaintiff,  together  with  his  just  costs.  Pro- 
vided that  no  assistant  or  justice  of  the  peace  shall  in  such 
case  give  judgment  for  the  recovery  of  such  balance  when 
the  same  shall  exceed  forty  shillings. 

And  it  is  further  enacted,  That  if  either  party  shall  be 
aggrieved  with  the  judgment  of  any  assistant  or  justice  of 
the  peace,  given  by  virtue  of  this  act,  wherein  the  plaintiff' 
shall  be  adjudged  to  be  in  debt  to  the  defendant,  he  shall 
have  liberty  in  such  case  to  appeal  to  the  next  county  court 
in  the  same  county. 

And  be  it  further  enacted  hy  the  authority  aforesaid,  That 
if  any  defendant  in  action  of  debt  on  book  brought  against 
him  before  any  court,  assistant  or  justice  of  the  peace  in  this 
Colony,  shall  neglect  to  exhibit  his  accounts  on  tryal  to  be 


308  PUBLIC    RECORDS  [Oct. 

adjusted   as   aforesaid,   and    sliall   afterwards    bring   action 

against  the  other  party  for  the  recovery  of  any  such  articles 

of  book  debt  as  might  have  been  adjusted  and  settled  in  the 

tryal  of  the  former  action,  if  he  recover  judgment  for  such 

debt  he  shall  not  be  allowed  any  cost,  unless  he  make   it 

appear  to  the  satisfaction  of  the  court,  assistant  or  justice, 

before  whom  the  tryal  is,  that  he  had  no  knowledge  of  the 

former  suit  before  the  time  of  tryal,  or  was  hindered  by 

inevitable    providence   from    appearing    and   exhibiting   his 

account  as  aforesaid. 

An  Act  in  Addition  to  an  Act  entituled  An  Act  for  regulating  Goals 

and  Goalers. 

Whereas  it  may  be  found  necessary  to  build  a  new  court 
or  county  house  within  any  of  the  respective  counties,  or  to 
repair  any  such  house  or  houses  as  are  already  built,  or  to 
defray  any  other  expences  which  ought  to  be  borne  jjy  the 
county  where  the  same  arises,  and  there  is  not  money  suffi- 
cient in  the  treasury  for  any  such  purposes,  for  which  no  pro- 
vision is  made  in  said  act:  Therefore, 

Be  it  enacted  hy  the  Grovernor,  Council  and  Representatives^ 
in  Greneral  Court  assmihled^  and  hy  the  authority  of  the  same, 
That  in  all  such  cases  the  civil  authority  within  such  county 
may,  and  are  hereby  impowered,  to  grant  a  tax  on  all-  the 
polls  and  rateable  estate  of  the  inhabitants  of  such  county, 
to  be  improved  for  building  or  repairing  such  house,  or  de- 
fraying such  expence,  and  the  same  may  be  proceeded  in  and 
such  tax  collected  according  to  the  direction  of  the  law  of  this 
Colony  which  makes  provision  for  the  building  houses  of  cor- 
rection. 

[216]    An  Act  in  Addition  to  and   Alteration  of  the  Law  Intituled   An 
Act  for  laying  and  collecting  Duties  on  the  Importation  of  Rum. 

Whereas  by  said  act  the  master  of  any  vessel,  or  other 
person  importing  rum  into  this  Colony,  and  paying  or  giving 
bond  to  the  naval  officer  for  the  payment  of  the  duties  by 
said  act  required,  or  for  carrying  or  transporting  said  rum  out 
of  this  Colony  to  some  other  market  within  two  months  then 
next  coming,  on  producing  a  certificate  under  oath  to  the  naval 
officer  from  some  Assistant  or  justice  of  the  peace,  that  said 
rum  was  exported  out  of  the  Colony,  shall  be  allowed  a  draw- 
back of  said  duty ;  and  the  time  limited  for  such  exportation 
being  found  too  short,  and  there  being  no  time  fixed  in  said 
act  for  producing  such  certificate,  great  inconveniences  have 
happened :  Which  for  the  futi"'e  to  prevent, 

Be  it  enacted  hy  the  Gover.„o, ,  Council  and  Representatives, 
in  General  Court  assembled,  and  hy  the  authority  of  the  same. 
That  when  any  master  of  a  vessel,  or  other  importer  of  rum, 
hath  paid   the  duties  of  the  rum  by  him  imported,  or  given 


1759.]  OP    CONNECTICUT.  809 

bond  for  the  payment  thereof,  shall  within  six  months  after 
paying  said  duties  or  giving  bond  as  aforesaid,  produce  a 
certificate  to  said  naval  officer  under  the  hand  of  some  As- 
sistant or  justice  of  the  peace,  shewing  that  such  master  or 
importer,  or  any  other  credible  person  knowing  the  same, 
appeared  before  him  and  made  oath  that  said  rum  was  ex- 
ported or  carried  out  of  this  Colony  to  some  certain  place  in 
said  certificate  mentioned,  there  to  be  sold  or  used  and  im- 
proved and  not  brought  back  again  into  this  Colony,  in  such 
case,  and  not  otherwise,  a  drawback  of  said  duties  shall  be 
allowed  by  said  naval  officer,  excepting  his  fees  by  law  stated; 
any  law,  usage  or  custom  to  the  contrary  notwithstanding. 

An  Act  in  Addition  to  a  Law  of  this  Colony  intituled  An  Act  concern- 
ing Mills  and  Millers. 

Whereas  in  said  act  the  toll  or  fee  to  the  miller  for  grind- 
ing grain  is  stated,  but  there  is  no  direction  what  shall  be 
allowed  for  bolting  the  meal  when  ground:  Therefore, 

Be  it  enacted  hy  the  Grovernor^  Vouncil  and  Representatives^ 
in  Q-eneral  Court  assembled^  and  hy  the  authority  of  the  same, 
That  each  miller  in  this  Colony,  or  the  owners  of  grist-mills, 
shall  be  allowed  after  the  rate  of  one  pint  for  bolting  out  of 
each  bushel  he  bolts,  and  no  more;  and  if  any  miller  shall 
take  any  more  or  greater  toll  or  fee  for  bolting  than  what  is 
herein  allowed  as  aforesaid,  he  shall  incur  the  same  penalty 
as  is  in  said  act  provided  for  such  as  take  too  much  toll  for 
grinding  grain. 

An  Act  in  Addition  to  and  Alteration  of  the  Law  intituled  An  Act  for 

preventing,  punishing   and  removing  Nuisances  in  Creeks,  Runs 

and  other  Water-Courses. 

[  217  ]  Whereas  it  is  enacted  in  the  third  paragraph  of 
said  act,  that  the  penalty  for  every  such  nuisance  is  forty 
shillings,  and  by  experience  it  is  found  not  to  be  sufficient  to 
prevent  such  nuisances,  and  for  the  encouragement  for  pros- 
ecution of  such  offenders:  Therefore, 

Be  it  enacted  hy  the  Governor,  Ooun(-il  and  Representatives, 
in  GeMeral  Court  assembled,  and  hy  the  autho,  ity  of  the  same, 
That  for  the  future  the  penalty  shall  be  ten  pounds  for  each 
offender,  on  conviction  thereof  before  the  county  court  in 
such  county  where  sudi  offence  shall  be  committed ;  whereof 
one-half  shall  be  to  the  complainer  that  shall  prosecute  to 
effect  and  the  other  half  to  the  county  treasurer  of  such 
county ;  any  law,  usage  or  custom  to  the  contrary  notwith- 
standing. 

An  Act  to  prevent  secret  Tresp    '^es  in   taking  up  and  disposing   of 

Saw-Mill   Logs   and   other  1 -^  >.  jer  floating  down   the  Rivulet 

called  Windsor  River. 

Whereas  it  is  represented  to  this  Assembly  that  there  might 
be  considerable  profit  arise  by  floating  of  timber  down  said 


310  PUBLIC    RECORDS  [Oct. 

river,  were  there  proper  provision  made  for  detecting  and 
punishing  such  as  privately  take  up  and  dispose  of  said  logs 
&c.  floating  down  said  river:  Which  to  prevent, 

Be  it  enacted  hy  the  Gfovernor,  Council  and  Representatives, 
in  General  Court  assembled,  and  hy  the  authority  of  the  same, 
Tliat  whosoever  shall  stop  or  take  up  any  saw-mill  logs  or 
other  timber  floating  down  said  river,  being  fairly  marked, 
without  the  special  direction  or  order  of  the  owner  or  owners 
of  such  logs  or  timber,  before  such  logs  or  timber  have  passed 
by  the  bridge  set  across  said  river  in  the  first  society  in 
Windsor,  shall  for  every  log  or  stick  of  timber  thus  stopped 
pay  to  the  owner  or  owners  of  said  logs  <fec.  the  sum  of  ten 
shillings. 

And  it  is  further  enacted  hy  the  authority  aforesaid,  That 
whosoever  shall  deface  the  marks  made  on  said  logs  or  tim- 
ber, or  anyways  dispose  of  or  sell  the  same,  shall  forfeit  and 
pay  to  the  owner  or  owners  thereof  for  each  offence  the  sum 
of  ten  shillings,  and  double  the  value  of  said  logs  or  timber 
thus  disposed  of  or  whose  marks  shall  be  purposely  defaced. 
And  when  any  dispute  shall  arise  in  any  action  brought  on 
this  act,  it  shall  and  may  be  lawful  for  the  court,  assistant  or 
justice  of  the  peace  before  whom  the  tryal  may  be,  to  proceed 
to  examine  the  parties  under  oath,  and  all  other  evidence 
produced,  and  to  make  up  such  judgment  therein  as  to  them 
shall  appear  just  and  equitable. 

On  the  memorial  of  Thomas  Belding  jun""  and  David 
Goodrich  2d,  administi'ators  on  the  estate  of  Amos  Belding 
late  of  Weathersfield,  deceased,  representing  and  shewing  that 
there  have  been  certain  delfts  and  charges  due  from  the  estate 
of  said  deceased,  amounting  to  the  sum  of  £60  13.s'.  1\d.  lawful 
money,  produced  to  and  admitted  by  the  court  of  probate  for 
the  district  of  Hartford  since  the  allowance  heretofore  granted 
for  the  disposition  of  some  part  of  the  real  estate  of  said 
deceased  for  payment  of  debts  <fec.,  and  praying  allowance  to 
make  further  sale  of  real  estate  of  said  deceased  to  answer 
the  debts  aforesaid :  This  Assembly  do  constitute  and  ap- 
point the  said  memorialists,  (they  o])taining  the  advice  of  the 
aforesaid  court  of  probate  in  the  matter,)  to  make  sale  of  so 
much  more  of  the  real  estate  of  the  aforesaid  Amos  Belding, 
deceased,  as  may  be  sufficient  to  procure  and  raise  the  afore- 
said sum  of  £63  18.s.  1\d.  lawful  money,  the  amount  of  said 
debts  and  charges,  with  the  reasonable  expence  of  transact- 
ing the  affair,  to  be  improved  for  payment  and  satisfaction  of 
the  same. 

Upon   the  report   of  Richard   Lord,  Ebenezer  Wales  and 


1759.]  OP    CONNECTICUT.  311 

John  Tully,  Esqi's,  a  committee  appointed  by  this  Assembly 
in  May  last  to  view  and  consider  the  circumstances  of  the 
first  society  in  Windsor  and  other  matters  referred  to  in  the 
memorial  of  Capt.  Josiali  Bissel  and  others,  inhabitants  of 
said  society  who  live  on  the  north  side  the  rivulet  running 
through  the  same,  and  whether  said  society  may  best  be 
[  218  ]  divided  into  two  distinct  ecclesiastical  societies  &c.,  ||  re- 
porting their  opinion  in  favour  of  such  division  &c. :  It  is 
therefore  resolved  by  this  Assembly,  that  all  the  rest  of  the 
inhaliitants  that  live  on  the  north  side  of  said  rivulet  within 
the  limits  of  said  first  society  shall  be,  and  they  are  hereby 
constituted  and  made  into  one  intire  distinct  ecclesiastical 
society,  by  the  name  of  North  Windsor,  with  the  same  powers 
and  priviledges  as  other  ecclesiastical  societies  in  this  Colony 
have  and  do  enjoy. 

Upon  the  memorial  of  John  Wilcoxson  of  Stratford,  rep- 
resenting to  this  Asseml)ly  that  his  house  and  household 
goods  were  consumed  by  fire  to  his  very  great  loss  and  dam- 
age, whereby  he  was  brought  into  distressed  circumstances ; 
praying  for  an  abatement  of  his  country  rates:  Resolved  by 
this  Assemljly,  that  the  country  rates  of  the  said  Wilcoxson 
arising  on  the  list  of  the  year  1758,  be  abated,  and  the  same 
are  hereby  abated  and  the  said  Wilcoxson  released  therefrom, 
and  the  collector  of  the  country  rates  for  the  town  of  Strat- 
ford is  to  comport  himself  accordingly. 

Upon  the  memorial  of  Jonathan  Wilcocks,  administrator 
cum  testamcMo  annexo  on  the  estate  of  Josiah  Dudley  late  of 
Guilford,  deceased,  shewing  to  this  Assembly  that  the  said 
Josiah  Dudley  l)y  his  last  will  and  testament  appointed  Mr. 
Daniel  Wilcocks  late  of  Killingsworth,  since  deceased,  his 
sole  executor,  with  full  power  to  sell  so  much  of  the  real 
estate  of  the  said  Josiah  Dudley  as  should  (with  the  one-half 
of  his  moveable  estate)  be  sufficient  to  pay  his  just  debts,  which 
debts  amounted  to  the  sum  of  .£119  17.§.  5d.  and  the  one- 
half  of  the  personal  estate  amounted  to  no  more  than  to  the 
sum  of  <£14  18s.  Oc?.,  and  that  the  said  executor,  vv^hile  in  life, 
sold  no  more  of  the  real  estate  of  the  s4id  Dudleys  than 
amounted  to  the  sum  of  £97  lOs.  Od.  lawful  mop*;^  which 
leaves  debts  due  from  said  estate  unpaid  to  fk^  amount  of 
X7  9.S-.  5d.  for  the  payment  wliereof  the  said  executor  had 
(while  in  life)  sold  so  mucli  of  the  real  estate  of  the  said 
Josiah  Dudley  as  to  make  said  sum,  but  that  the  said  execu- 
tor died  before  he  had  made  and  fully  executed  said  deed ; 
praying  that  some  meet  person  may  be  a])pointed  to  make 
sale  of  so  much  of  the  real  estate  of  said  Dudley  as  to  pay 


312  PUBLIC     RECORDS  [Oct. 

the  said  sum:  Resolved  by  this  Assembly,  that  Capt.  Josiah 
Meigs  of  Guilford  be  appointed,  and  he  is  hereby  appointed, 
to  sell  so  much  of  the  real  estate  of  the  said  Josiah  Dudley 
as  to  procure  the  said  sum  of  =£7  9s.  bd.  with  the  incident 
charges  arising  on  said  sale;  taking  the  advice  of  the  court 
of  probate  for  the  district  of  Guilford  therein. 

Upon  the  report  of  Messrs.  Samuel  Olmstead,  John  Hitch- 
cock and  William  Lee,  a  committee  appointed  by  this  As- 
sembly in  May  last  to  view  the  circumstances  of  the  first 
society  in  the  town  of  Danbury  and  the  situation  and  cir- 
cumstances of  the  inhabitants  living  in  the  south  part  of 
said  township  who  pray  to  be  a  distinct  ecclesiastical  society 
according  to  certain  limits  and  bounds,  as  set  forth  in  the 
memorial  of  Ebenezer  Hickcock,  Lemuel  Beebee  and  others, 
inhabitants  of  said  south  part,  reporting  their  opinion  that 
said  south  part  and  the  inhabitants  thereon  living  ought  to  be 
made  into  a  distinct  society  &c. :  It  is  therefore  resolved  by 
this  Assembly,  that  the  memorialists  and  all  others  living  in 
said  south  part  and  southward  of  the  following  bounds,  viz : 
Beginning  at  a  beech  tree  marked  by  the  great  brook,  from 
thence  running  southward  a  straight  line  on  the  east  side  the 
Spruce  Mountain  until  it  comes  to  Fairfield  north  line,  and 
then  eastward  from  said  beech  tree  as  said  great  brook  runneth 
to  Muddy  Brook,  and  then  by  said  Muddy  Brook  to  where 
the  same  emptieth  into  Sumpaug  Brook,  and  from  thence  a 
straight  line  to  the  highway  through  the  east  swamp,  then  to 
run  up  said  swamp  l)y  the  brook  to  Capt.  John  Benidict's 
south  line  of  his  land  and  by  said  line  to  tlie  highway  on  the 
east  of  said  swamp,  and  by  said  highway  to  the  highway 
called  Woodbury  Old  Road,  crossing  said  road,  running  the 
same  course  of  the  highway  on  the  east  of  said  swamp  unto 
Newbury  ifne,  and  in  that  line  to  Newtown  line ;  bounded 
east  on  said  Newtown  line,  and  south  on  Fairfield  north  line; 
shall  be  and  they  are  hereby  made  into  a  distinct  ecclesiasti- 
cal society,  which  shall  be  called  and  known  by  the  name  of 
Bethel,  and  with  the  same  powers  and  priviledges  as  other 
ecclesiastical  societies  in  this  Colony  do  enjoy. 

[219]  Upon  the  memorial  of  Aaron  Wright  of  Glas- 
senbury,  representing  to  this  Assembly  that  he  is  a  poor  man 
with  a  large  family,  and  that  in  the  year  1757,  he  was  with 
one  of  his  sons  in  the  service  of  this  Colony  at  Fort  Edward 
&c.,  and  that  in  said  service  his  said  son  sickened  and  died, 
and  that  he,  the  memorialist,  being  then  and  there  taken  sick 
with  the  same  sickness  whereof  his  said  son  died  as  aforesaid, 
and  having  first  obtained  liberty  returned  home  to  his  family, 


1759.]  OP    CONNECTICUT.  313 

and  that  soon  after  his  family  was  taken  with  tlie  same  dis- 
ease and  therewith  continued  sick  the  following  winter,  with 
which  one  other  of  his  sons  died,  by  means  of  which  disease 
coming  into  his  family  as  aforesaid  he  was  put  to  great  loss, 
charge  &c.,  and  further  representing  that  he  had  a  large  list 
for  the  year  1757,  and  that  his  country  rate  on  said  list 
amounts  to  about  £5  0  0  lawful  money,  which  sum  he  is 
unable  to  pay ;  praying  that  the  same  may  be  abated :  Re- 
solved by  this  Assembly,  that  his  said  rate  be  abated,  and  the 
same  is  hereby  abated. 

Upon  the  memorial  of  Benajah  Humphry  of  Symsbury, 
representing  to  this  Assembly  that  his  son  Roger  Humphry 
having  while  a  soldier  in  the  army  in  the  year  1757,  become 
delirious  and  distracted  and  in  his  distraction  killed  his 
mother,  and  thereof  upon  tryal  for  murder  before  the  ad- 
journed superior  court  held  in  Hartford  in  June  last  was 
found  not  guilty  altogether  on  the  account  of  Iiis  distraction, 
and  thereupon  cost  of  prosecution  not  being  paid  was  by  said 
court  committed  to  goal  in  Hartford,  where  he  now  lies  by 
virtue  of  such  commitment,  and  still  is  distracted ;  praying 
for  relief  and  the  direction  of  this  Assembly,  as  by  the  memo- 
rial on  file :  Resolved  by  this  Assembly,  that  the  memorialist 
have  liberty  to  take  the  said  Roger  out  of  said  goal,  and  that 
the  chief  judge  of  the  said  superior  court  with  one  of  the 
assistant  judges  of  said  court  are  desired  to  give  orders  for 
the  release  from  goal  and  delivery  of  the  said  Roger  to  the 
memorialist;  and  the  memorialist  is  hereby  directed  and 
ordered  to  take  and  safely  keep  said  Roger  and  provide  for 
him.  And  whereas  said  Roger  is  properly  of  said  Symsbury, 
and  the  selectmen  of  said  Symsbury  with  the  advice  of  the 
authority  according  to  the  laws  of  this  Colony  are  directed  to 
see  to  it  that  said  Roger  be  safely  kept  at  the  expence  of  the 
memorialist.  And  this  Assembly  grants  unto  the  said  Bena- 
jah Humphry  the  sum  of  forty  pounds  for  expences  that  the 
memorialist  hath  already  been  at  upon  the  account  of  said 
Roger,  the  better  to  enable  him  to  keep  and  maintain  said 
Roger  for  the  future ;  and  the  Treasurer  of  this  Colony  is 
hereby  directed  to  pay  the  same  accordingly. 

Upon  the  memorial  of  Abigail  Jennings  of  Fairfield,  ad- 
ministratrix on  the  estate  of  Nathan  Jennings  late  of  said 
Fairfield  deceased,  shewing  to  this  Assembly  that  the  debts 
due  from  the  estate  of  said  deceased  surmount  the  moveable 
estate  the  sum  of  £8Q  13s.  Od.  and  praying  for  liberty  to 
sell  so  much  of  said  deceased's  real  estate  a';iowill  satisfy  said 
sum  &c.:  Resolved  by  this  Assembly,  thr  ,y  ^  le  said  Abigail 
40 


314  PUBLIC    RECORDS  [Oct- 

Jennings  have  liberty,  and  she  is  hereby  impowered,  to  sell 
so  much  of  the  real  estate  of  said  deceased  as  will  be  suffi- 
cient to  raise  the  sum  aforesaid  with  the  incident  charges 
arising  on  such  sale ;  taking  directions  of  the  court  of  pro- 
bate in  the  district  of  Fairfield  therein. 

Upon  the  memorial  of  Ebenezer  Wakeman,  David  Burr, 
jun"",  and  Gold  Sellick  Silliman,  all  of  Fairfield,  shewing  that 
by  an  act  of  this  Assembly  at  their  sessions  in  February  last 
a  lottery  was  granted  on  the  .memorial  of  Sarah  Keeler  and 
Thomas  Gibbs  and  Hannah  his  wife,  to  be  drawn  in  said 
Fairfield,  and  that  the  said  Silliman,  Burr  and  Wakeman 
were  appointed  managers  and  directors  of  said  lottery,  and 
that  in  pursuance  of  said  appointment  they  have  proceeded 
to  make  a  scheme  for  said  lottery  and  issue  tickets  to  intitle 
adventurers  to  chances  therein,  the  greater  part  of  which 
tickets  are  already  sold  and  disposed  of,  but  that  a  number 
of  said  tickets  yet  remain  undisposed  of ;  praying  that  a  cer- 
tain time  may  be  fixed  for  the  drawing  said  lottery,  and  that 
in  case  any  of  said  tickets  should  remain  unsold  when 
said  lottery  should  be  drawn  that  the  same  may  be  at  the 
risque  of  those  persons  in  whose  favour  it  was  granted :  Re- 
solved by  this  Assembly,  that  the  aforenamed  managers  of 
said  lottery  be  and  are  hereby  directed  to  draw  said  lottery 
on  the  last  day  of  December  next,  or  before  that  time  in  case 
said  tickets  shall  be  all  sold.  And  it  is  further  resolved  and 
enacted,  that  in  case  any  of  said  tickets  shall  remain  unsold 
after  the  said  last  day  of  December,  such  unsold  tickets  re- 
maining in  the  hands  of  said  managers  after  the  drawing  said 
lottery  shall  be  deemed  and  taken  to  be  the  chances  of  the 
said  Sarah  Keeler  and  the  said  Thomas  and  Hannah  Gibbs, 
and  they  are  hereby  subjected  to  pay  into  the  hands  of  said 
managers  the  money  for  the  purchase  of  such  tickets,  and 
shall  be  intituled  to  the  benefit  arising  on  any  or  all  of  such 
tickets  in  said  lottery. 

[220]  Upon  the  memorial  of  Mary  Wickwire,  administra- 
trix on  the  estate  of  Alpheus  Wickwire  late  of  Norwich, 
deceased,  shewing  to  this  Assembly  that  the  debts,  charges 
&c.  allowed  by  the  court  of  probate  surmount  the  personal 
estate  of  the  said  deceased  the  sum  of  X54  7  Of,  and 
praying  this  Assembly  to  impower  some  suitable  person  to 
sell  so  much  of  the  real  estate  of  said  deceased  as  to  enable 
the  memorialist  to  pay  the  said  sum  of  £54  7  01  and  the 
necessary  charges  arising  on  such  sale  &c. :  Resolved  by  this 
Assembly,  thatkPaniel  Kingsbury  of  said  Norwich  be  im- 
powered and  hejtis  hereby  authorized  and  impowered,  to  sell 


1759.]  OF    CONNECTICUT.  315 

SO  much  of  the  real  estate  of  the  said  deceased  as  to  enable 
the  said  administratrix  to  pay  the  said  sum  of  £54  7  Of 
and  the  necessary  charges  arising  on  such  sale ;  he  taking  the 
direction  of  the  court  of  probate  in  the  district  of  Norwich 
therein. 

Upon  the  memorial  of  Mathew  Hide,  administrator  on  the 
estate  of  Samuel  Ormsby  late  of  Norwich,  deceased,  shewing 
to  this  Assembly  that  the  inventoried  estate  of  said  deceased 
is  £79  1  6,  of  which  £45  0  0  is  real  estate  and  X 34  1  6  is 
personal  estate,  and  tliat  the  accounts  exhibited  by  said  ad- 
ministrator and  allowed  by  the  court  of  probate  in  the  district 
of  Norwich,  of  charges  of  sickness,  debts  due  to  this  govern- 
ment, and  charges  of  administration,  amount  to  the  sum  of 
£47  15  3^,  and  of  debts  allowed  by  commissioners  appointed 
by  said  court  of  probate  to  examine  the  claims  of  creditors 
amounts  to  the  sum  of  £67  0  2i,  and  praying  for  liberty  to 
sell  all  the  real  estate,  the  better  to  enable  the  said  adminis- 
trator to  pay  the  said  debts,  and  shewing  also  the  consent  of 
said  creditors  to  the  sale  of  said  real  estate :  Resolved  by  this 
Assembly,  that  the  said  administrator  be  impowered,  and  he 
is  hereby  authorized  and  fully  impowered,  to  sell  all  the  said 
real  estate  of  the  said  deceased,  and  that  the  moneys  raised  by 
such  sale  be  applied  for  the  payment  of  the  said  debts  accord- 
ing to  law,  except  what  is  necessarily  expended  in  and  about 
such  sale ;  he  taking  the  direction  of  the  court  of  probate  in 
the  district  of  Norwich  therein. 

Upon  the  memorial  of  the  inhabitants  of  the  town  of  Nor- 
folk, shewing  to  this  Assembly  that  said  town  is  a  new  settle- 
ment and  the  inhabitants  few  in  number,  and  that  they  are 
about  to  build  a  meeting-house,  and  that  much  of  the  land  is 
owned  by  persons  not  inhabiting  in  said  town ;  praying  this 
Assembly  that  all  the  lands  in  said  town  which  is  now  laid 
out  (being  about  three  hundred  acres  to  each  proprietor) 
may  be  taxed  at  two  pence  lawful  money  per  acre  annually 
for  the  space  of  four  years,  to  be  improved  the  one  half 
towards  building  a  meeting-house,  and  the  other  half  to  pay 
for  preaching  the  gospel  in  said  Norfolk :  Resolved  by  this 
Assembly,  that  all  the  lands  that  are  already  laid  out  in  said 
Norfolk  (except  such  as  are  given  for  publick  uses)  shall  be 
taxed  at  two  pence  lawful  money  per  acre  annually  for  the 
space  of  four  years  next  ensuing,  to  be  paid  by  the  owners  of 
said  lands,  computing  the  quantity  according  to  the  grants  for 
laying  out  exclusive  of  wdiat  may  be  added  for  bad  land;  and 
Mr.  Eli  Petibone  of  said  Norfolk  is  hereby  appointed  and 
impowered  to  collect  said  taxes  and  pay  the  same  to  such 


316  PUBLIC    RECORDS  [Oct. 

person  or  persons  as  shall  be  appointed  by  the  inhabitants  of 
said  town  to  receive  the  same,  to  be  improved  for  the  purposes 
of  building  a  meeting-house  for  the  public  worship  of  God, 
and  to  pay  for  preaching  the  gospel  in  said  Norfolk,  as 
abovesaid.  The  first  year's  tax  to  be  paid  by  the  first  day  of 
April  next,  and  the  others  on  the  first  day  of  April  annually 
in  the  next  succeeding  years  until  said  term  of  four  years  is 
expired. 

Upon  the  memorial  of  David  Andruss,  of  Norwich  in  New 
London  county,  administrator  on  tlie  estate  of  David  Andruss 
late  of  said  Norwich,  deceased,  shew;ing  to  this  Assembly 
that  the  debts  and  charges  surmount  the  personal  estate  of 
the  said  deceased  the  sum  of  .£63  18  9,  and  praying  this 
Assembly  to  impower  some  suitable  person  to  make  sale  of 
so  much  of  the  real  estate  of  the  said  deceased  as  to  enable 
the  memorialist  to  pay  the  said  £QS  18  9  and  the  necessary 
[221]  charges  arising  on  such  sale:||  Resolved  by  this  As- 
sembly, that  William  Witter  of  Preston,  Esq'',  be  impowered, 
and  he  is  hereby  authorized  and  fully  impowered,  to  make 
sale  of  so  much  of  the  real  estate  of  the  said  deceased  as  to 
enable  the  memorialist  to  pay  the  said  sum  of  <£63  18  9  and 
the  necessary  charges  arising  on  such  sale;  he  taking  the 
direction  of  the  court  of  probate  in  the  district  of  Norwich 
therein. 

Upon  the  memorial  of  Isaac  Barrows  and  Ruth  Palmer, 
administrators  of  the  estate  of  Joshua  Palmer  late  of  Mans- 
field, deceased,  shewing  to  this  Assembly  that  the  debts  due 
from  the  estate  of  the  said  deceased  surmount  the  moveable 
estate  of  said  deceased  the  sum  of  fifty  pounds  lawful  money ; 
praying  for  liberty  to  sell  so  much  of  the  real  estate  of  said 
deceased  as  shall  be  sufficient  to  pay  said  sum:  Resolved  by 
this  Assembly,  that  the  memorialists  have  liberty  and  they 
are  hereby  impowered,  to  sell  so  much  of  the  real  estate  of 
the  said  Joshua  Palmer,  deceased,  as  shall  be  sufficient  to  pay 
said  sum  of  fifty  pounds  and  the  incident  charges  of  sale; 
taking  the  direction  of  the  court  of  probate  for  the  district  of 
Windham  therein. 

Upon  the  memorial  of  Rachel  Moger,  administratrix  on  the 
estate  of  Samuel  Moger,  late  of  Stamford  in  Fairfield  county, 
deceased,  representing  to  this  Assembly,  that  the  debts  <fec. 
due  from  said  estate  surmount  the  personal  estate  of  said 
deceased  the  sum  of  £13  16  3]  lawful  money  &c. ;  praying 
to  be  impowered  to  sell  so  much  of  the  real  estate  of  said 
deceased  as  shall  be  sufficient  to  pay  said  sum  with  the 
charges  arising  on  such  sale :  Resolved    by  this   Assembly, 


1759.]  OP    CONNECTICUT.  317 

that  the  said  Rachel  Moger  be  impowered  and  she  is  hereby 
impowered  to  sell  so  much  of  the  real  estate  of  said  deceased 
as  shall  be  sufficient  to  pay  said  sum  with  the  incident  charges 
arising  on  said  sale  ;  taking  the  direction  of  the  court  of  pro- 
bate in  the  district  of  Stamford  therein. 

On  the  memorial  of  Hannah  Seymour,  administratrix  on 
the  estate  of  John  Seymour  late  of  New  Hartford,  deceased, 
with  the  will  annexed,  shewing  to  this  Assembly  that  the 
debts  exhibited  and  allowed  by  the  court  of  probate  for  the 
district  of  Hartford  surmount  the  moveable  estate  of  said 
deceased,  with  some  allowance  made  to  the  widow  by  the 
testator  in  his  will  and  what  lands  by  order  of  the  said  testator 
in  his  will  have  been  sold  by  said  administratrix  to  pay  his 
debts,  the  sum  of  .£79  2s.  Id.SiS  per  memorial  on  file  ;  pray- 
ing for  liberty  to  sell  so  much  more  of  the  real  estate  of  said 
deceased  as  to  make  said  sum  with  the  incident  charges 
thereon  :  Resolved  by  this  Assembly,  that  the  said  memorial- 
ist be  and  she  is  hereby  impowered  to  sell  so  much  more  of 
the  real  estate  of  said  deceased  as  to  make  said  sum  and 
incident  charges  thereon  arising ;  taking  the  advice  of  the 
court  of  probate  for  the  district  of  Hartford  therein. 

Upon  the  memorial  of  Abraham  Selleck,  administrator  on 
the  estate  of  Eleazer  Green  late  of  Stamford  in  Fairfield 
county,  deceased,  shewing  to  this  Assembly  that  the  debts  &c. 
due  from  said  estate  surmount  the  personal  estate  of  said 
deceased  the  sum  of  <£54  11  9^  lawful  money,  and  praying  to 
be  impowered  to  sell  so  much  of  the  real  estate  of  said  de- 
ceased as  shall  be  sufficient  to  pay  said  sum  with  the  charges 
arising  on  said  sale  :  Resolved  by  this  Assembly,  that  the 
said  Abraham  Selleck  be  impowered  and  he  is  hereby  impow- 
ered, to  sell  so  much  of  the  real  estate  of  said  deceased  as 
shall  be  sufficient  to  pay  said  sum  of  X54  11  9|  lawful 
money  with  the  incident  charges  arising  on  said  sale  ;  taking 
the  direction  of  the  court  of  probate  in  the  district  of  Stam- 
ford therein. 

Upon  the  memorial  of  Rhoda  June,  administratrix  of  the 
estate  of  Jacob  June  late  of  Stamford,  deceased,  shewing 
that  the  debts  due  from  the  estate  of  the  said  deceased  sur- 
mount his  moveable  estate  the  sum  of  twenty-six  pounds  six- 
teen shillings  and  eight  pence  lawful  money ;  praying  this 
Assembly  to  impower  some  suitable  person  or  persons  to  sell 
so  much  of  the  real  estate  of  the  said  deceased  as  shall  be 
sufficient  to  pay  said  sum  &c. :  Resolved  by  this  Assembly, 
that  Thomas  June  jun'  of  said  Stamford  and  the  memorialist 
be  and  they  are  hereby  impowered  to  sell  so  much  of  the  real 


318  PUBLIC    RECORDS  [Oct. 

estate  of  the  said  Jacob  June,  deceased,  as  shall  be  sufficient 
to  procure  said  sum  of  £26  16  8  together  with  the  incident 
charges  arising  by  such  sale;  taking  the  direction  of  the 
court  of  probate  for  the  district  of  Stamford  therein. 

Upon  the  memorial  of  Henry  Champion,  Thomas  .Fullar 
2d,  Joseph  Arnold,  Jared  Spencer  and  Robert  Hungerford, 
selectmen  of  the  town  of  East  Haddam,  shewing  that  in  the 
year  1757  the  selectmen  of  said  East  Haddam  with  the 
advice  of  Joseph  Spencer,  Esq"",  justice  of  the  peace  for  the 
county  of  Hartford,  took  under  their  care  one  Jonathan 
[222]  Hinkley  of  said  ||  town  and  his  family,  he,  the  said 
Hinkley,  having  several  small  and  helpless  children,  ar^d  he 
by  mismanagement  and  bad  husbandry  likely  to  spend  his 
estate  and  come  to  want  and  become  chargeable,  and  therefore 
said  selectmen  took  said  Hinkley  and  his  family  and  estate 
into  their  care,  according  to  the  statute  of  this  Colony  in 
such  case  provided,  and  that  they  have  been  ever  since  under 
the  care  of  said  selectmen,  who  have  expended  for  the  nec- 
essary support  of  the  family  of  the  said  Hinkley  the  sum  of 
<£89  158.  5c?.  which  surmounts  the  moveable  estate  of  the 
said  Hinkley  the  sum  of  £21  19  5,  for  the  payment  of 
which  the  memorialists  have  nothing  of  said  Hinkley's  in 
their  hands,  and  that  said  Hinkley  hath  estate  in  lands  which 
came  to  him  by  descent  from  his  father  Jonathan  Hinkley, 
deceased,  to  the  value  of  about  one  hundred  and  thirty  pounds ; 
therefore  praying  this  Assembly  to  impower  them  or  some 
other  suitable  persons  to  sell  so  much  of  the  said  lands  as 
shall  be  sufficient  to  pay  said  sum  of  £21  19s.  5d.:  Resolved 
by  this  Assembly,  that  the  abovenamed  Henry  Champion  and 
Thomas  Fullar  2d  be  and  they  are  hereby  fully  impowered  to 
sell  so  much  of  the  lands  of  the  said  Jonathan  Hinkley  as 
shall  be  sufficient  to  procure  said  sum  of  twenty-one  pounds 
nineteen  shillings  and  five  pence  lawful  money  and  the  inci- 
dent charges  that  shall  arise  by  such  sale ;  which  sum  when 
obtained  shall  be  improved  by  the  memorialists  for  paying 
the  charges  arisen  for  the  support  of  the  family  of  the  said 
Hinkley,  as  aforesaid. 

Upon  the  memorial  of  Elizabeth  Chapman,  administratrix 
cum  testamento  annexo  on  the  estate  of  Ezekiel  Chapman  late 
of  New  London,  deceased,  shewing  that  the  debts  due  from 
said  deceased,  with  the  allowances  •  made  by  the  court  of 
probate  for  support  of  the  family  and  necessaries  allowed 
the  widow,  surmount  the  personal  estate  of  said  deceased  the 
sum  of  fourteen  pounds  eight  shillings,  and  that  no  provision 
is  made  in  the  last  will  of  the  said  deceased  for  payment  of 


1759.]  OP    CONNECTICUT.  319 

said  debts ;  therefore  praying  to  this  Assembly  for  liberty  to 
sell  so  much  real  estate  of  said  deceased  as  to  procure  said 
sum:  Resolved  by  this  Assembly,  that  the  memorialist  have 
liberty  and  she  is  hereby  impowered,  to  sell  so  much  of  the 
real  estate  of  the  said  Ezekiel  Chapman,  deceased,  as  shall 
procure  said  sum  of  £14  8s.  Od.  lawful  money  together  with 
the  incident  charges  of  such  sale;  taking  the  direction  of 
the  court  of  probate  for  the  district  of  New  London  therein. 

Upon  the  memorial  of  Elizabeth  Cooper,  of  Killiugly  in 
the  county  of  Windham,  administratrix  on  the  estate  of 
Abraham  Cooper  late  of  said  Killingley,  deceased,  shewing  to 
this  Assembly  that  the  debts  and  funeral  charges  due  and 
allowances  made  out  of  the  estate  of  said  deceased  surmount 
the  personal  estate  the  sum  of  £21  Os.  d^d.  lawful  money, 
and  praying  to  this  Assembly  for  liberty  to  be  granted  her  to 
make  sale  of  so  much  of  the  real  estate  of  said  deceased  as 
shall  be  sufficient  to  pay  the  sum  abovesaid  with  the  incident 
charges  arising  thereon,  taking  the  direction  of  the  court  of 
probates  in  the  district  of  Pomf ret  therein :  Resolved  by  this 
Assembly,  that  the  administratrix  shall  have  liberty,  and  she 
is  hereby  impowered,  to  make  sale  of  so  much  of  the  real 
estate  of  said  deceased  as  shall  be  sufficient  to  pay  the  sum 
of  twenty-seven  pounds  five  pence  one  farthing  lawful  money 
with  the  incident  charges  arising  thereon ;  taking  the  direc- 
tion of  the  court  of  probates  in  the  district  of  Pomfret  therein. 

Upon  the  memorial  of  John  Younglove  and  Sarah  Young- 
love,  administrators  on  the  estate  of  Samuel  Younglove  late 
of  Killingley,  deceased,  shewing  to  this  Assembly  that  the 
debts  due  from  the  estate  of  said  deceased  surmount  the 
moveable  estate  the  sum  of  £38  15s.  5|ti,  praying  this 
Assembly  to  grant  liberty  to  sell  so  much  of  the  real  estate 
of  said  deceased  as  to  pay  said  sum  with  incident  charges 
arising  thereon :  Resolved  by  this  Assembly,  that  the  memo- 
rialists have  liberty  and  they  are  hereby  impowered^  to  sell  so 
much  of  the  real  estate  of  the  said  deceased  Samuel  Young- 
love as  to  pay  said  sum  of  X38  15s.  5d.  Sq.  lawful  money 
with  the  incident  charges  arising  thereon ;  taking  the  advice 
of  the  court  of  probates  in  the  district  of  Pomfret  therein. 

Upon  the  memorial  of  Elizabeth  Easton,  administratrix  of 
[223]the  estate  [of]  Elijah  ||  Easton  late  of  Suffield,  de- 
ceased, shewing  that  the  debts  and  charges  due  from  the 
estate  of  the  said  deceased  surmount  the  moveable  estate  of 
the  said  deceased  the  sum  of  £64  lis.  4c?.  2q.  lawful  money; 
praying  this  Assembly  to  impower  the  memorialist  with  Sam- 
uel Kent,  Esqf,  to  sell  so  much  of  the  real  estate  of  the  said 


320  PUBLIC    RECORDS  [Oct. 

deceased  as  to  raise  said  sum:  Resolved  by  this  Assembly, 
that  the  said  Samuel  Kent,  Esq^,  together  with  the  memorial- 
ist be,  and  they  are  hereby,  impowered  to  sell  so  much  of  the 
real  estate  of  the  said  Elijah  Easton,  deceased,  as  shall  be 
sufficient  to  raise  said  sum  of  X64  lis.  4cZ.  2q.  for  the  pay- 
ment of  said  debts  together  with  the  incident  charges  of  such 
sale;  taking  the  direction  of  the  court  of  probate  for  the 
district  of  Hartford  therein. 

Upoi^the  memorial  of  Samuel  Dickinson  and  David  Picket 
with  Abigail  his  wife,  executors  of  the  last  will  and  testa- 
ment of  Daniel  Comestock  late  of  Danbury,  deceased,  shew- 
ing to  this  Assembly  that  the  debts  due  from  said  estate  as 
allowed  by  the  court  of  probates  for  the  district  of  Dan- 
bury,  together  with  charges  of  settling  said  estate  and  the 
household  goods  set  out  to  the  widow  of  the  said  deceased, 
surmount  the  moveable  estate  the  sum  of  .£53  lis.  lid. 
which  to  pay  no  provision  is  made  in  the  will  of  said  de- 
ceased ;  praying  this  Assembly  to  impower  your  memorialists, 
one  or  all  of  them,  or  some  meet  person,  to  sell  so  much  of 
the  real  estate  as  to  pay  said  sum  &c. :  Resolved  by  this  As- 
sembly, that  the  memorialist  Samuel  Dickinson  have  liberty, 
and  he  is  hereby  impowered,  to  make  sale  of  so  much  of  the 
real  estate  of  the  said  Daniel  Comstock,  deceased,  as  to  pay 
the  sum  of  £53  lis.  lie?,  with  the  incident  charges  arising 
thereon ;  taking  the  advice  of  the  court  of  probates  in  the 
district  of  Danbury  therein. 

Upon  the  memorial  of  Capt.  Abel  Wright,  Lieut.  Elnathan 
Hall,  ofhcers  in  the  military  companies  or  trainbands  in  the 
town  of  New  Fairfield,  and  other  officers,  householders 
and  soldiers  in  said  New  Fairfield,  praying  that  said  com- 
panies may  be  dismissed  from  the  thirteenth  regiment  in  this 
Colony  to  which  they  now  belong,  and  that  they  may  be  an- 
nexed to  the  fourth  regiment:  Resolved  by  this  Assembly, 
that  the  military  companies  in  the  town  of  New  Fairfield 
aforesaid  be,  and  they  are  hereby,  released  from  the  thirteenth 
regiment  and  annexed  to  the  fourth  regiment  in  this  Colony. 

Upon  the  memorial  of  Ebenezer  Jackson  of  Sliaron,  ad- 
ministrator upon  the  estate  of  Joshua  Jackson  late  of  said 
Sharon,  deceased,  shewing  to  this  Assembly  that  the  debts 
due  from  said  estate  with  a  small  allowance  made  to  the 
widow  surmounts  the  personal  estate  of  said  deceased  and 
what  has  already  been  sold  of  the  real  estate  by  liberty  from 
this  Assembly  the  sum  of  X46  19s.  6d.  ;  praying  for  liberty 
to  sell  so  much  more  of  the  real  estate  as  to  procure  said  sum 
with  incident  charges  &c.  as  per  memorial  on  file :  Resolved 


1759.]  OF    CONNECTICUT.  321 

by  this  Assembly,  that  the  memorialist  have  liberty,  to  sell  of 
the  remaining  part  of  the  real  estate  of  said  deceased  so 
much  as  to  procure  said  sum  of  X46  19s.  Qd.  lawful  money 
with  the  incident  charges ;  taking  the  directions  of  the  court 
of  probate  for  the  district  of  Sharon  therein. 

Upon  the  memorial  of  Silas  Dunham  and  Lydia  Kneeland, 
administrators  on  the  estate  of  Joseph  Kneeland  late  of 
Midletown  in  said  Colony,  shewing  to  this  Assembly  that 
the  debts  and  charges  due  from  said  estate  surmount  the 
moveable  part  thereof  the  sum  of  .£66  4  4  lawful  money; 
thereupon  praying  for  liberty  to  sell  real  estate  &c. :  It  is 
resolved  by  this  Assembly,  that  the  memorialists  have  liberty, 
and  liberty  is  hereby  granted  them,  to  sell  so  much  of  the 
real  estate  of  said  deceased  as  will  procure  the  aforesaid  sum 
of  sixty-six  pounds  four  shillings  and  four  pence  lawful 
money  together  with  the  incident  charges  arising  thereon; 
taking  the  direction  of  the  court  of  probate  for  the  district  of 
Midletown  therein. 

On  the  memorial  of  John  Cook  of  Wallingford,  administra- 
tor on  the  estate  of  Daniel  Johnson  late  of  New  Haven, 
deceased,  shewing  to  this  Assembly  that  the  debts  and  charge 
allowed  against  said  estate  surmount  the  whole  moveable 
inventoried  estate  of  said  deceased  the  sum  of  £5  7  7|,  and 
praying  to  be  impowered  to  sell  so  much  of  the  real  estate  of 
[224]  the  said  deceased  as  to  enable  ||  him  to  pay  said  sum 
with  incident  charges  :  Resolved  by  this  Assembly,  that  the 
said  John  Cook  be  impowered,  and  he  is  hereby  impowered, 
to  sell  so  much  of  the  real  estate  of  the  said  deceased  as  shall 
enable  him  to  pay  said  sum  of  £5  7  7|^  lawful  money  with 
the  necessary  charges  arising  on  said  sale  ;  taking  the  direc- 
tion of  the  court  of  probate  for  the  district  of  New  Haven 
therein. 

Upon  the  memorial  of  Elisha  Miller  of  Lyme,  shewing  to 
this  Assembly  that  Benjamin  Smith  of  Lyme  has  been  for 
sundry  years  past,  and  still  is,  so  disordered  in  mind  that  he 
is  thereby  rendered  incapable  of  taking  care  of  himself  or 
estate  ;  that  said  memorialist  is  appointed  conservator  to  said 
Benjamin  ;  that  sundry  debts  are  justly  due  from  said  Ben- 
jamin, to  the  amount  of  ,£17  7  4  lawful  money,  and  sundry 
other  charges  advanced  for  the  support  of  said  Benjamin ; 
that  said  Benjamin  has  no  personal  estate  to  pay  said  debts ; 
and  praying  for  liberty  to  make  sale  of  so  much  of  the  real 
estate  of  said  Benjamin  as  to  pay  the  same  &c.  as  per  memo- 
rial on  file  :  Resolved  by  this  Assembly,  that  said  memorial- 
ist be  and  he  is  hereby  appointed  and  impowered,  to  make 
41 


322  PUBLIC     RECORDS  [Oct. 

sale  of  so  much  of  the  lands  of  the  said  Benjamin  Smith  as 
will  raise  and  ])rocure  the  sum  of  twentj^-five  }30unds  lawful 
money,  to  be  improved  for  answering  the  past  expences 
referred  to  in  the  memorial  aforesaid  and  for  the  future 
support  of  him  the  said  Benjamin  Smith. 

Upon  the  memorial  of  Stephen  Baldwin,  of  Milford  in  New 
Haven  county,  representing  to  this  Assembly  that  Samuel 
Weed,  late  of  Darby,  gave  the  memorialist  a  bond  for  the 
sum  of  forty  pounds  current  money  of  the  new  tenor,  condi- 
tioned for  the  payment  of  £20  0  0  current  money  of  the  new 
tenor  bills  of  this  Colony  at  the  rate  of  silver  at  eight  shillings 
per  oz.  dated  the  6th  day  of  February  1745-6  ;  that  said  Weed 
was  convicted  in  due  form  of  law  for  counterfeiting  orders  on 
the  Colony  treasury,  and  all  his  estate  forfeited  to  and  actually 
received  by  the  government,  being  more  than  sufficient  to  pay 
said  bond  and  all  the  charges  of  said  Weed's  prosecution,  said 
bond  remaining  unpaid  and  due  to  the  memorialist ;  praying 
that  he  may  be  paid  what  is  justly  due  to  him  by  reason  of 
said  bond  <fec.  as  per  the  memorial  on  file  appears :  Resolved 
by  this  Assembly,  that  the  Treasurer  of  this  Colony  be  and 
he  is  hereby  ordered  and  directed  to  pay  to  the  said  Stephen 
Baldwin  out  of  the  public  treasury  of  this  Colony  the  sum  of 
nine  pounds  ten  shillings  lawful  money,  in  full  satisfaction  of 
the  bond  aforesaid  and  interest  thereon. 

Upon  the  memorial  of  the  inhabitants  of  the  town  of  Wel- 
lington, representing  their  indigence  and  low  circumstances, 
praying  to  be  exempted  from  paying  towards  the  public 
charges  of  the  government  &c. :  It  is  therefore  resolved  by 
this  Assembly,  that  the  memorialists  be,  and  they  are  hereby, 
excused  and  exempted  from  paying  country  rates  during  the 
pleasure  of  this  Assembly  and  until  it  shall  be  otherwise 
ordered. 

Upon  the  memorial  of  the  inhabitants  of  Stepney  parish  in 
Weathcrsfield,  representing  that  said  society  is  low  in  the 
public  list  and  the  bounds  thereof  small;  praying  that  an 
addition  of  lands  lately  laid  out  in  said  town,  and  part  of  the 
meadow  lying  against  said  Stepney,  may  be  made  to  said 
Stepney  parish :  Resolved  by  this  Asseml)ly,  that  all  the  land 
lying  between  the  original  limits  of  said  Stepney  society  and 
the  road  called  New  Haven  road,  as  it  is  now  laid  out,  and 
also  all  that  part  of  the  meadow  in  said  town  adjoining  to 
said  society  which  lyeth  south  of  the  bridge  called  Beaver 
Bridge  and  the  highway  leading  easterly  from  said  bridge  to 
the  place  where  said  highway  turns  northerly,  and  then  to 
continue  the  course  from  said  bridge  to  said  nortlierly  high- 


1759.]  OP    CONNECTICUT.  323 

way  to  the  river,  be  annexed,  and  the  same  is  hereby 
annexed,  to  said  Stepney  parish. 

[225]  Whereas  the  inhabitants  of  the  first  society  of  New 
Haven  by  their  memorial  to  this  Assembly  have  shewn,  that 
for  some  years  past  they  have  met  for  public  worship  in  two 
distinct  places,  and  that  they  are  so  numerous  that  they  can- 
not with  any  conveniency  meet  together  in  any  of  the  two 
meeting-houses  in  said  society  i%  which  they  have  for  some 
time  met ;  also  shewing  that  for  this  and  for  several  other 
considerations  the  said  society  on  the  8th  day  of  January  last 
voted  to  make  application  to  this  Assembly  to  be  divided  and 
made  two  distinct  ecclesiastical  societies,  and  thereupon  have 
by  said  memorial  now  prayed  for  said  division,  for  the  reason 
therein  mentioned,  as  by  the  same  on  file  may  more  fully 
and  at  large  appear  : 

Whereup07i  it  is  resolved  and  enacted  hy  this  Assemlly,  That 
the  inhabitants  of  and  living  within  the  limits  of  said  first 
society  be  divided  into  two  distinct  ecclesiastical  societies,  and 
that  in  order  to  a  legal  division  thereof,  Nathan  Ailing, 
David  Austin,  Mary  Atwater,  Sam'  Ailing,  John  Austin, 
Jeremiah  Atwater,  Benja.  Ailing,  Thomas  Ailing,  Wm.  Ailing, 
Daniel  Ailing,  David  Atwater  jun"",  Joel  Atwater,  Hannah 
Ailing,  Charles  Ailing,  Joseph  Addams,  Thomas  Alcock, 
Stephen  Austin,  Sam'-  Austin.  Timothy  Ailing,  Zadock  Ailing, 
Eden  Burroughs,  Sam'  Bishop  jun"",  Phineas  Bradley,  Sam' 
Beacher,  Joseph  Beacher  3d,  John  Bishop,  Eunice  Bassett, 
Griffen  Bradley,  Phebe  Brown,  Moses  Beacher,  James  Blakes- 
ley,  Mary  Basset,  Job  Bishop,  Hez*!  Bradley,  Sam'  Beacher 
jun^,  Joseph  Burroughs,  Isaac  Bradley,  Stephen  Burret,  John 
Ball,  Yale  Bishop,  Caleb  Bradley,  Nathan  Bears,  Sam'  Chat- 
terton,  Charles  Cook,  Edward  Chiirchhill,  Sam'  Cook,  Israel 
Dorman,  Jos.  Dorman,  Benja.  Dochester,  Benja.  Dorman, 
Nathan  Dummer,  Wm.  Dunstee  jun'",  John  Dochester,  Caleb 
Dorchester,  Sarah  Dorman,  Ezra  Dodge,  John  Eliot,  Stephen 
Ford,  David  Gilbert,  David  Gilbert  jun'",  James  Gilbert,  John 
Goreham,  Aaron  Gilbert,  Mathew  Gilbert  jun'",  Solomon 
Gilbert,  John  Gilbert,  Wm.  Greenough,  Timothy  Gorliam, 
Joel  Gilbert,  Michael  Gilbert,  Abigail  Holt,  Ezekiel  Hotchkiss, 
Obediah  Hotchkiss,  John  Hatch,  Joshua  Hotchkiss  jun% 
Ebenezer  Humaston  jun"",  Joseph  Hitchcock,  Samuel  Gilbert, 
Ebenezer  Hull,  Samuel  Horton,  David  Humphrevilc,  John 
Hotchkiss,  Benja.  Humphrevile,  Lemuel  Hotchkiss,  James 
Hitchcock,  Sam'  Humphrevile,  Hez^"  Hotchkiss,  Caleb  Hotch- 
kiss jun'",  Stephen  Johnson,  Abraham  Johnson  jun'",  Enos 
Johnson,  Timothy  Jones,  Abraham  Johnson,  John  Johnson, 


324  PUBLIC    RECORDS  [Oct. 

Meeds  Ingraham,  Josiah  Ingraham,  Jos.  Ingraham,  Zuriel 
Kimberly,  Solomon  Lewis,  Jos.  Larkin,  Medad  Lyman,  James 
Lines,  Daniel  Lyman,  Wm.  Lyon,  Ebenezer  Lines,  Jos.  Mix, 
Timothy  Mix,  Jonathan  Mix,  Timothy  Munson,  Sam'  Mun- 
son,  John  Mix,  Jos.  Munson,  Ebenezer  Morris,  Stephen 
Munson,  David  Munson,  Isaac  Morris,  John  Munson,  Samuel 
Mansfield,  Edward  Milloy,  Jabez  Munson,  Theophilus  Mun- 
son, Jonathan  Osbourn,  James  Pierpont,  David  Potter,  Dortha 
Peck,  Noah  Potter,  Thomas  Punderson,  John  Potter,  Phile- 
mon Potter,  John  Prout,  Aaron  Potter,  Enos  Pardee  jun  , 
Enos  Potter,  Timothy  Potter,  Wm  Plymate,  Thankfull  Potter, 
Jos.  Potter,  David  Punderson,  Philip  Raxford,  John  Roade, 
John  Row,  John  Storrer,  John  Sherman,  Hez'i  Sabin,  Hannah 
Smith,  Moses  Strong,  James  Searl,  Thomas  Sperry,  Charles 
Sabin,  James  Talmage,  Abraham  Tuttle,  Timotliy  Talmage, 
Enos  Tuttle.  Jacob  Turner,  Isaac  Turner,  John  Thompson, 
Jeremiah  Townsend,  Jos.  Thompson,  Phebe  Tuttle,  Timothy 
Tuttle,  Judah  Thompson,  Caleb  Thomas,  Ebenezer  Townsend, 
Abraham  Thompson,  Asa  Todd,  xlmos  Tuttle,  Stephen  Trow- 
bridge, John  White  junr,  Sam'  Woodin,  Daniel  Turner,  Jos. 
Woodin,  Benja.  Woodin,  Sarah  Woodin,  John  Woodin, 
Thomas  Wilmott,  David  Wooster,  Israel  Woodin,  Rachel 
Woodin,  who  have  for  some  time  past,  and  now  do,  adhere 
to  and  attend  upon  the  ministry  of  the  Reverend  Mr.  Samuel 
Bird  and  the  public  worship  in  the  meeting-house  where  he 
and  the  congregation  with  him  have  attended,  and  do  still 
attend  said  worship,  shall  be,  and  they  are  hereby  made, 
erected  and  constituted  an  ecclesiastical  society,  with  all  such 
powers,  authorities  and  priviledges  as  other  ecclesiastical 
societies  in  this  government  are  vested  with,  and  shall  be 
called,  known  and  distinguished  by  the  name  of  White  Haven. 
And  the  said  meeting-house  is  hereby  established  to  be  the 
house  for  public  worship  in  said  new  society. 

And  that  the  remaining  inhabitants  of  said  first  society, 
whose  names  are  as  follows,  viz :  Joshua  Atwater,  David 
Atwater,  Benja.  Ailing,  Jonah  Atwater,  Jos.  Ailing,  John 
Atwater,  Daniel  Atwater  jun'',  Rebecca  Ailing,  Roger  Ailing, 
Jonathan  Atwater  jun'',  Isaac  Atwater,  Hez^  Ailing,  Jona- 
than Atwater,  John  Ailing,  Daniel  Atwater,  James  Atwater, 
Jonathan  Ailing,  John  Ailing  jun'',  Elizur  Brown,  Sam'  Bishop, 
John  Bradly,  James  Bassett,  Jonah  Baldwin,  Elisha  Booth, 
[226]  Sarah  Bradly,  Miner  Bradly,  Enos  ||  Basset,  Nath» 
Beadier  jun^  Silas  Ailing,  Stephen  Ball,  John  Basset,  Joshua 
Chandler,  Stephen  Chatterton,  Timothy  Cooper,  John  Cornish, 
Sam'  Cooper  jun'',  Sam'  Darling,  Sarah  Deodate,  Thomas 
Darling,  John  Dickerman,  Stephen  Dickerman,  James  Dun- 


1759.] 


OP    CONNECTICUT, 


325 


bar,  Daniel  Dorman,  Aaron  Day,  Ruth  Dorman,  Susannah 
Dickerman,  Ebenezer  Dorman,  Jos.  Dickerman,  Benja.  Eng- 
lish, Jonathan  Fitch,  John  Fullar,  John  Gills,  Hez''  Gor- 
ham,  Mathew  Gilbert,  Thos.  Gilbert,  Susannah  Howel,  Ste- 
phen Howel,  Caleb  Hotchkis  the  3d,  Daniel  Hubbard,  Abiah 
Hitchcock,  John  Hall,  William  Hubbard,  Nath'  Heaton, 
Joshua  Hotchkiss,  John  Hubbard  jun'',  Leveret  Hubbard, 
James  Hilhouse,  Thomas  Howell,  Nehemiah  Hotchkiss,  John 
Hubbard,  Daniel  Humaston,  Amos  Hitchcock,  Joseph  Hum- 
aston,  Jos.  Hitchcock  jun"",  Timothy  Howel,  Caleb  Hotchkiss, 
Abel  Ives,  Ebenezer  Ives  jun"",  Jared  Ingersol,  Samuel  Lewis, 
Jethro  Lake,  Barnabas  Lewis,  Caleb  Mix,  Jos.  Miles,  Jabez 
Mix,  Jos.  Miles  jun"",  Jon^^  Mansfield,  Sam'  Miles,  Hannah 
Mansfield,  Wm.  Mansor,  Nathan  Mansfield,  Jeremiah  Macom- 
ber,  Ephraim  Morris,  John  Noyes,  Jehiel  Osbourn,  Jeremiah 
Osborn,  Nath'  Pinfield,  Sarah  Punderson,  Stephen  Peck, 
Mary  Punderson,  Hez''  Parmele,  Stephen  Potter,  Jacob  Pinto, 
Solomon  Pinto,  Nicholas  Peck,  Daniel  Perkins,  Amos  Potter, 
Abel  Parmele,  James  Peck,  Nath'  Payne,  Hannah  Row, 
James  Rice,  Thomas  Rice,  Jos.  Sperry,  Isaac  Stiles,  James 
Sherman,  James  Sperry,  Nath'  Spencer,  Jon*''  Sperry,  Adoni- 
jah  Sherman,  John  Sacket,  Joshua  Sperry,  Stephen  Sperry, 
Billy  Sherman,  James  Thompson,  Jeremiah  Townsend  jun'", 
Michael  Todd,  Eli  Todd,  Hachaliah  Thomas,  Daniel  Tuttle, 
Abigail  Talmage,  Jos.  Talmage,  Josiah  Thompson,  Jos.  Trow- 
bridge, Jos.  Trowbridge  jun',.  Stephen  Tuttle,  Mabel  Trow- 
bridge, Daniel  Talmage,  John  White,  Andrew  Tuttle,  John 
Whiting,  Elisha  White,  Wm.  Wilmot,  John  Watson,  Ebene- 
zer Wilmott,  Elisha  Whittlesey,  Nathan  Whiting,  and  John 
Wise,  shall  be,  remain  and  continue  to  be  the  First  Society  in 
New  Haven,  retaining  the  powers,  authorities  and  priviledges 
of  such  society,  the  aforesaid  new  society  being  made  as 
aforesaid  notwithstanding. 

Provided  nevertheless,  That  the  public  interest  now  belong- 
ing to  said  society  consisting  of  lands,  monies  &c.,  shall  not  be 
affected  or  governed  by  the  aforesaid  division,  but  that  Col. 
Hezekiah  Huntington,  Col.  Jabez  Hamlin  and  Col.  Eliphalet 
Dyer  be,  and  are  hereby  appointed,  a  committee  in  pursuance 
of  the  request  of  the  said  first  society  to  hear  all  parties  and 
to  judge  and  determine  how  and  in  what  manner  the  same 
ought  to  be  held  or  disposed  of,  the  aforesaid  division  not- 
withstanding, and  make  report  thereof  to  the  General  Assem- 
bly in  May  next. 

And  all  such  as  come  from  other  places  to  settle  in  the 
limits  of  said  societies  shall  have  liberty  to  join  to  which 
they  please,  and  in  case  of  non-election  for  six  months  they 


326  PUBLIC    RECORDS  [Oct. 

shall  belong  viz :  one  to  the  first  society  and  the  next  to  the 
said  new  society,  and  so  alternately  according  as  they  suc- 
cessively come  and  settle  as  aforesaid,  without  electing  as 
aforesaid. 

Provided  also,  That  any  whose  names  are  herein  before 
mentioned,  or  any  whose  names  are  not  mentioned,  that  have 
heretofore  adhered  to  either  of  the  aforesaid  societies  shall 
have  liberty  at  any  time  before  the  first  of  February  next,  to 
make  their  election  which  of  the  said  societies  they  will  for 
the  future  belong  unto,  which  election  shall  be  ascertained  by 
their  causing  their  names  to  be  entered  with  the  clerk  of  the 
society  to  which  they  choose  to  belong ;  and  in  case  any  whose 
names  arc  not  herein  before  entered  shall  neglect  to  make  their 
election  within  the  time  aforesaid,  it  shall  be  in  the  power  of 
the  aforesaid  committee  to  determine  which  of  the  said  societies 
they  shall  respectively  belong  unto,  and  add  them  accordingly. 
And  that  all  such  as  shall  hereafter  arrive  to  the  age  of 
twenty-one  years  within  the  limits  of  said  first  society  may 
elect  within  twelve  months  after  coming  to  age  which  society 
they  will  belong  to :  otherwise  to  continue  where  brought  up, 
or  where  they  belonged  before. 

[  227  ]  On  the  memorial  of  Medad  Lyman,  shewing  to 
this  Assembly  that  by  virtue  of  a  mittmins  signed  by  Sam^ 
Bassett  and  Sam'  Riggs,  Esq''%  on  the  16th  day  of  December 
1758,  he  received  into  New  Haven  common  goal  Richard 
Stafford  and  Phelix  O'Neal,  soldiers  of  his  Majesty's  48th 
regiment  of  foot,  and  them  sulisisted  until  the  25th  day  of 
February  1759,  when  they  were  rescued  by  strong  hands  and 
delivered  out  of  said  prison  without  his  default ;  praying  for 
allowance  for  their  subsistence  &c.  as  per  memorial  on  file : 
Resolved  by  this  Assembly,  that  the  sum  of  five  pounds 
thirteen  shillings  and  four  pence  be  paid  out  of  the  public 
treasury  for  said  subsistence ;  and  the  Treasurer  is  hereby 
directed  to  pay  the  same  to  said  Medad  Lyman  accordingly. 

Upon  the  memorial  of  Daniel  Belding  of  Norwalk,  repre- 
senting to  this  Assembly  that  he  being  a  soldier  in  the  army 
A.  D.  1758,  and  in  a  skirmago  with  the  enemy  at  Ticon- 
deroga  was  wounded  by  a  musquet  ball  entering  his  left 
breast  and  issuing  at  his  back,  taking  off  part  of  his  shoulder- 
blade,  whereby  he  is  in  some  degree  disabled  to  work  and 
carry  on  his  business ;  praying  this  Assembly  in  compassion 
to  grant  him  some  pecuniary  relief,  upon  the  account  of  his 
being  disabled  as  aforesaid :  This  Assembly  grants  unto  the 
said  Daniel  Belding  ten  pounds  lawful  money  out  of  the 
treasury  of  this  Colony,  upon  the  account  of  his  wounds  as 


1759.]  OP    CONNECTICUT.  327 

aforesaid ;  and  the  Treasurer  is  ordered  to  pay  the  same  ac- 
cordingly. 

On  the  memorial  of  Rachel  Goodrich  and  Jonah  Gillit 
jmi'",  administrators  on  the  estate  of  Stephen  Goodrich  late 
of  Windsor  in  the  district  of  Hartford,  deceased,  for  liberty 
to  sell  so  much  of  the  real  estate  of  the  said  deceased  as  will 
raise  the  sum  of  £30  8  8  lawful  money,  for  the  payment  of 
the  debts  due  from  said  estate  with  incident  charges  of  sale : 
Resolved  by  this  Assembly,  that  the  said  Jonah  Gillit  jun^ 
and  Rachel  Goodrich,  administrators  on  the  estate  of  StepheJi 
Goodrich  late  of  Windsor,  deceased,  have  liberty,  and  liberty 
is  hereby  granted  to  them,  to  make  sale  of  so  much  of  the 
real  estate  of  the  said  deceased  as  will  procure  the  sum  of 
£30  8  8  lawful  money  with  the  charge  of  sale,  for  the  pay- 
ment of  the  debts  due  from  said  estate ;  taking  the  direction 
of  the  court  of  probate  in  the  district  of  Hartford  in  the  sale 
thereof. 

On  the  memorial  of  Timothy  Pearly  and  Sarah  Ballard, 
administrators  on  the  estate  [  of  ]  John  Ballard  late  of  Wil- 
lington  in  the  county  of  Hartford,  deceased,  for  liberty  to  sell 
f  land  or  real  estate  for  the  payment  of  the  debts  due  from 
said  estate  to  the  value  of  X44  17s.  Od.  lawful  money  &c. : 
Resolved  by  this  Assembly,  that  the  said  memorialists  have 
liberty,  and  it  is  hereby  granted  to  them,  to  make  sale  of  so 
much  of  the  real  estate  of  the  said  deceased  as  will  procure  the 
sum  of  £44  17  0  lawful  money,  for  the  payment  of  the  debts 
due  from  said  estate  with  incident  charges  of  sale ;  taking 
the  direction  of  the  court  of  probate  in  the  district  of  Hart- 
ford in  the  sale  thereof. 

Upon  the  memorial  of  Isaac  Slason,  of  Stanford  in  the 
county  of  Fairfield,  administrator  on  the  estate  of  James 
Slason  jun^,  late  of  said  Stanford,  deceased,  representing  to 
this  Assembly  that  one  Eliphalet  Slason  late  of  said  Stanford, 
deceased,  being  indebted  to  several  persons  in  divers  large 
sums  of  money,  and  being  prosecuted  for  passing  counterfeit 
bills  of  credit,  and  being  bound  over  to  the  superior  court 
procured  one  John  Fansher  to  be  bound  with  him  in  a  recog- 
Inizance  for  such  his  appearance  at  said  court,  and  being 
desirous  to  secure  his  said  creditors  and  to  indemnifie  the 
said  Fansher  he,  the  said  Eliphalet,  did  together  with  one 
Eleazer  Slason  on  the  14tli  day  of  February  1754,  by  a 
certain  deed  of  that  date,  make  over  and  convey  to  the  said 
James  a  certain  tract  of  land  and  appurtenances  in  said 
Stanford,  containing  aliout  one  hundred  and  ninety  acres, 
bounded  as  in  said  deed  is  particularly  iiientioned  and  ex- 


328  PUBLIC    RECORDS  [Oct. 

pressed,  subject  nevertheless  to  this  trust,  that  he,  the  said 
[  22S  ]  James,  should  sell  and  dispose  of  said  lands  &c.  |1  and 
with  the  avails  thereof  first  indemnifie  the  said  Fansher  from 
the  recognizance  aforesaid,  and  then  pay  off  said  creditors  in 
proportion  to  their  respective  demands;  that  the  said  James 
died  without  having  sold  said  land  or  paid  said  debts,  and 
thereby  said  land  has  descended  to  and  among  the  heirs  of 
the  said  James,  several  of  whom  are  minors  and  unable  to 
execute  the  trust  aforesaid ;  praying  that  he  may  be  enabled 
to  execute  said  trust  &c.  as  by  the  memorial  on  file  appears: 
Resolved  by  this  Assembly,  that  the  said  memorialist  be  and 
he  is  hereby  enabled  and  fully  impowered  to  sell  and  convey 
the  lands  in  said  deed  mentioned,  described  and  conveyed,  and 
to  execute  the  trust  aforesaid  in  the  same  manner  and  as 
fully  to  all  intents  and  purposes  as  he,  the  said  James  Slason, 
in  his  life  time  might  or  could  have  done. 

Upon  the  memorial  of  Daniel  Tucker,  of  Darby  in  the 
county  of  New  Haven,  representing  to  this  Assembly  that 
several  years  since  he  was  indicted  and  convicted  before  the 
superior  court  of  judicature  for  this  Colony  of  the  crime  of 
passing  counterfeit  bills,  for  which  he  suffered  the  just 
sentence  of  the  law  and  the  forfeitures  thereof ;  that  by  a 
humble  and  upright  behavior  since  Said  conviction  he  hopes 
he  may  have  given  some  good  evidence  of  the  sincerity  of 
his  repentance  of  the  crime  aforesaid ;  praying  the  compassion 
of  this  Assembly,  and  that  he  may  be  restored  to  his  liberties 
and  priviledges,  which  hy  the  conviction  aforesaid  he  forfeited 
and  lost ;  as  by  said  memorial  on  file  appears :  Resolved  by 
this  Assembly,  that  the  said  Daniel  Tucker  be  and  he  is 
hereby  restored  to  his  liberty,  and  have  right  to  contract, 
trade  and  deal  as  other  inhabitants  of  this  Colony  by  law 
may,  and  that  he  shall  from  henceforth  have  and  enjoy  all 
those  rights,  liberties  and  priviledges  which  by  the  conviction 
aforesaid  for  the  crime  aforesaid  he  forfeited  and  lost. 

Resolved  hy  this  Assembly^  That  the  committee  appointed 
by  the  Assembly  in  May  last  in  the  case  of  Benja.  Allen  vs. 
Joseph  Talcott  be  and  are  reappointed  with  the  same  power 
as  before  they  were  invested  with,  and  to  make  report  of  their 
doings  in  May  next ;  and  the  said  memorial  is  continued  till 
that  time  for  consideration. 

Granted  to  his  Honour  the  Governor  the  sum  of  sixty-six 
pounds,  for  his  last  half-year's  salary  the  current  year ;  and 
the  Treasurer  is  hereby  ordered  to  pay  the  same  accordingly. 

Granted  to  his  Honor  the  Governor  the  sum  of  thirty-four 
pounds,  for  his  extraordinary  services  the  last  half-year  ;  and 
the  Treasurer  is  hereby  ordered  to  pay  the  same  accordingly. 


1759.]  OF    CONNECTICUT.  329 

Granted  to  his  Honor  the  Deputy  Governor  the  sum  of 
thirty-three  pounds,  for  his  last  half-year's  salary  the  current 
i  year ;  and  the  Treasurer  is  hereby  ordered  to  pay  the  same 
accordingly. 

This  Assembly  grants  to  Mr.  Secretary  Wyllys  the  sum  of 
fifteen  pounds  in  addition  to  the  five  pounds  granted  him  in 
May  1758,  for  his  service  as  Secretary  for  the  year  ending  at 
that  time. 

[229]  Upon  the  petition  of  Jerusha  McDowland  of  Darby, 
representing  to  this  Assembly  that  she  was  possessed  of  a 
considerable  real  estate  in  said  Darby,  and  being  a  person  of 
very  feeble  understanding  and  capacity  was  married  to  one 
Thomas  McDowland  late  of  Darby,  deceased,  who  desirous 
to  get  the  said  petitioner's  estate  into  his  hands,  agreed  to 
sell  the  same  to  one  James  Prichard  of  said  Darby,  but  the 
petitioner  being  averse  to  such  sale  and  refusing  to  execute 
any  deed  of  said  estate,  the  said  Thomas  made  use  of  a  series 
of  threatnings,  abuses  and  force,  to  compel  her  tliereto,  and  at 
length  taking  advantage  of  her  said  want  of  capacity  and  con- 
tinuing such  his  injurious  treatment  aforesaid  did  cause  her 
to  join  in  a  conveyance  of  her  estate  aforesaid  to  the  said 
James  by  an  instrument  purporting  to  be  a  deed  thereof, 
bearing  date  the  first  day  of  February  1753  ;  praying  for  an 
inquiry  into  the  matters  aforesaid,  that  the  said  deed  being 
so  unrighteously  obtained  as  aforesaid  may  be  vacated  and 
disannulled,  as  by  the  said  petition  on  file  appears  :  Resolved 
by  this  Asseml)ly,  that  Ebenezer  Silliman,  Esq^,  Col.  John 
Read  and  Capt.  Thomas  Hill,  all  of  Fairfield,  be  and  they  are 
hereby  appointed  a  committee  with  full  power  to  enquire  into 
and  concerning  the  matters  alledged  and  complained  of  in 
said  petition,  and  make  report  of  the  state  of  the  case  with 
their  opinion  thereon  to  the  General  Assembly  in  May  next. 

On  the  petition  of  Nathan  Beers  of  New  Haven,  shewing  to 
this  Assembly  that  he  brought  his  action  against  Curtiss 
Fairchild  at  the  county  court  held  at  New  Haven  on  the  first 
Tuesday  of  April  1758,  on  a  note  of  hand  for  X30  15  0 
current  money  of  New  York,  which  action  came  to  a  final 
tryal  at  an  adjourned  county  court  held  at  New  Haven  on  the 
2d  Tuesday  of  January  1759,  which  cause  on  a  plea  that  said 
pote  was  given  on  a  corrupt  agreement  between  the  said  Beers 
and  Fairchild  for  usury,  and  that  the  same  was  usurious, 
contrary  to  the  statute  &c.,  was  committed  to  the  jury,  who 
brought  in  their  verdict  that  said  note  was  usurious  <fec.;  com- 
plaining that  said  jury  missed  the  law  in  their  verdict  afore- 
said, as  per  petition  on  file  :  Resolved  by  this  Assembly,  that 

42 


330  PUBLIC    EECORDS  [Oct. 

the  judgment  of  said  adjourned  county  court  on  the  verdict 
aforesaid  be  set  aside,  and  that  the  said  Beers  have  liberty, 
and  the  same  is  hereby  granted  to  him,  to  enter  said  cause  at 
the  county  court  held  at  said  New  Haven  on  the  2d  Tuesday 
of  November  next,  and  that  he  have  another  tryal  of  said 
cause  at  said  November  countv  court,  and  that  all  cost  follow 
the  final  judgment  in  said  cause. 

Whereas  Robert  Hunt  and  Russel  Hunt,  both  of  Canaan  in 
Litchfield  county,  brought  their  petition  to  this  Assembly  in 
May  last,  setting  forth  and  representing  that  upon  the  5th 
day  of  March  1757,  Messrs.  Daniel  Hosford  of  said  Canaan 
and  John  Hosford,  of  West  Hoosuck  in  Hamshire  county  and 
Province  of  the  Massachusetts  Bay,  bound  themselves  in  a 
well  executed  bond  in  the  sum  of  five  hundred  pounds  lawful 
money  unto  the  said  petitioners,  together  with  Gideon  Ball 
and  Caleb  Church,  both  of  said  Canaan,  conditioned  that  the 
said  Hosfords  should  by  a  good  warrantee  deed  convey  unto 
them,  the  said  Hunts,  Ball  and  Church,  five  eight  parts  of 
the  south  iron-works  in  said  Canaan,  and  the  priviledge  of  the 
stream  whereon  said  iron-works  stand,  with  the  utensils, 
implements  and  appurtenances  thereunto  belonging,  and  all 
the  land  belonging  to  said  part  of  said  iron-works,  with 
about  three  quarters  of  an  acre  of  land  adjoining  to  said 
iron- works,  with  liberty  to  fetch  oar  from  the  oar-bed  in 
Salisbury  so  long  as  the  forge  belonging  to  said  iron-works 
shall  be  built  or  rebuilt ;  and  that  the  said  Hosfords  should 
also  convey  unto  the  petitioners  together  with  the  said  Ball 
and  Church,  all  their  right  in  al)Out  8  acres  of  land  upon  the 
great  river  below  the  great  falls  in  said  Canaan  with  five 
eight  parts  of  the  stream  and  priviledges  thereunto  belonging, 
and  that  the  said  Hunts,  Ball  and  Church,  in  consideration  of 
the  premises,  then  executed  unto  the  said  Hosfords  their  note 
of  hand  for  the  payment  of  five  thousand  and  half  of  bar  iron 
by  the  3d  day  of  March  A.  D.  1759  ;  and  that  the  said  Ball 
and  Church  before  the  time  for  payment  of  said  note  ab- 
[230]  sconded  and  went  out  ||  of  the  Colony  of  Connecticut, 
much  in  debt  and  leaving  no  estate  behind  them  ;  where- 
upon the  said  Hunts  had  been  necessitated  with  great  diffi- 
culty to  pay  the  whole  of  said  note  ;  notwithstanding  which 
the  said  Hosfords  refused  to  convey  the  premises  to  them 
exclusive  of  the  said  Ball  and  Church ;  praying  the  interposi- 
tion of  this  Assembly,  as  they  are  without  remedy  at  common 
law ;  which  petition  came  by  continuance  to  this  Assembly, 
as  by  said  petition  on  file  fully  appears:  Whereupon  it  is 
resolved  and  enacted  ijy  this  Assembly,  that  the  said  Daniel 


[ 


1759.1  OP    CONNECTICUT.  331 

Hosford  and  John  Hosford  shall  by  a  well  executed  warrantee 
deed  convey  in  fee  simple  unto  the  said  Robert  Hunt  and 
Russel  Hunt  the  five  eight  parts  of  said  south  iron-works  and 
the  priviledge  of  the  stream  whereon  said  iron-works  stands, 
with  the  utensils,  implements  and  appurtenances  thereunto 
belonging-,  and  all  the  land  belonging  to  said  part  of  said 
iron-works,  with  about  three  quarters  of  an  acre  adjoining  to 
said  iron-works,  that  said  John  Hosford  bought  of  Elnathan 
Ashman,  with  liberty  to  fetch  oar  from  the  oar-bed  in  Salisbury 
so  long  as  the  forge  belonging  to  said  works  shall  be  built  and 
rebuilt;  and  that  the  said  Daniel  and  John  Hosford  shall 
also  by  a  good  ample  quit-claim  deed,  well  executed  in  due 
form  of  law,  convey  unto  the  said  Robert  Hunt  and  Russel 
Hunt,  their  heirs  and  assigns  forever,  the  whole  of  their  right 
and  title  in  and  unto  said  tract  of  land  of  about  8  acres  lying 
upon  the  great  river  below  the  great  falls  in  said  Canaan, 
with  five  eight  parts  of  the  stream  and  priviledges  thereunto 
belonging,  at  or  before  the  tenth  day  of  December  next, 
under  the  penalty  of  two  hundred  pounds  lawful  money  ;  and 
that  thereupon  the  said  Hunts  shall  deliver  and  give  up  unto 
the  said  Hosfords  their  bond  aforesaid. 

Upon  the  petition  of  Stephen  Cone,  of  East  Haddam  in  the 
county  of  Hartford,  representing  that  he,  by  the  name  of 
Stephen  Cone  the  second  of  said  East  Haddam,  brought  his 
action  against  Reuben  Cone,  of  East  Haddam  aforesaid,  to 
the  adjourned  county  court  held  at  Hartford  on  the  4th  Tues- 
day of  January  1758,  on  a  note  executed  by  the  said  Reuben 
to  the  petitioner,  dated  the  3d  of  August  1757,  wherein  said 
Reuben  promised  to  pay  to  the  petitioner  two  hundred  pounds 
lawful  money  on  demand,  to  which  the  said  Reuben  pleaded* 
specially,  and  the  plaintiff  made  his  replication  thereto,  and 
afterwards  the  parties  joining  in  a  demurrer  to  said  replica- 
tion the  court  were  of  opinion  that  said  replication  was  in- 
sufficient &c.,  and  thereupon  gave  judgment  for  the  said 
Reuben  to  recover  against  the  petitioner  his  cost ;  representing 
also  that  he,  the  petitioner,  in  his  replication  aforesaid  missed 
his  plea ;  praying  for  the  liberty  of  another  tryal  &c. :  Re- 
solved by  this  Assembly,  that  the  petitioner  shall  have  liberty 
of  another  tryal  in  said  action  at  the  county  court  to  be  held 
at  Hartford  in  the  county  of  Hartford  on  the  first  Tuesday  of 
November  next,  and  the  future  cost  only  shall  follow  the 
final  judgment  that  shall  be  given  therein. 

Upon  the  petition  of  Merriday  Bostwick,  of  Greenwich  in 
the  county  of  Fairfield,  against  Thomas  Hill,  of  Fairfield  in 
said  county,  representing  to  this  Assembly  that  the  said  Hill 


332  PUBLIC    RECORDS  fOct. 

brought  his  action  upon  bond  against  the  petitioner  to  the 
county  court  held  in  Fairfield,  demanding  £1,000  lawful 
money,  in  which  action  the  petitioner  being  defaulted,  the 
county  court  held  in  Fairfield  on  the  3d  Tuesday  of  April 
last  gave  judgment  against  the  petitioner  for  the  sum  of 
twenty-nine  pounds  sixteen  shillings  lawful  money  debt,  and 
X2  18  6  cost :  alledging  that  ?aid  bond  was  given  to  secure 
said  Hill  harmless  from  all  damage  that  he  might  sustain  for 
the  petitioner's  mismanaging  in  the  business  of  deputy  to 
said  Hill,  who  was  sheriff  of  said  county,  and  that  the  said 
sheriff'  had  not  been  damnified  ;  praying  for  reversal  of  said 
judgment  and  a  rehearing  in  said  case,  as  by  the  petition  on 
file  appears  :  Resolved  by  this  Assembly,  that  the  petitioner, 
the  said  Meriday  Bostwick,  shall  have  the  liberty  of  another 
tryal  of  said  cause  at  the  county  court  to  be  held  at  Fair- 
field in  and  for  the  county  of  Fairfield  on  the  od  Tuesday 
of  November  next,  and  that  the  cost  from  the  beginning  shall 
follow  the  final  tryal. 

[231]  Resolved  by  this  Assembly,  That  the  Committee  of  the 
Pay-Table  on  advice  by  them  had  or  received  of  the  necessity  of 
any  provision  to  be  made  by  this  government  over  and  above 
what  may  be  made  by  order  of  the  General  Assembly  for  the 
relief  and  accommodation  of  the  troops  of  this  Colony  on  their 
return  from  the  present  campaign,  are  hereby  directed  to 
make  such  further  necessary  provision  in  some  way  or  man- 
ner as  nearly  agreeable  to  the  order  and  resolve  of  this  As- 
sembly on  the  like  occasion  last  October  as  the  circumstances 
of  the  affair  shall  require. 

Whereas  John  Ledyard  and  David  Rowland,  Esq""*,  were 
by  the  General  Assembly  holden  at  Hartford  in  May  last 
appointed  a  committee  to  repair  to  Albany  and  apply  to  his 
Excellency  General  Amherst  for  a  settlement  of  the  former 
account  for  billeting,  and  solicit  for  and  receive  the  balance, 
and  to  settle  the  Colony's  account  with  Christopher  Kilbey, 
Esq"",  and  pay  the  balance  found  due  to  him,  and  also  to 
settle  with  Mr.  Cornelius  Cuyler  for  the  money  advanced  by 
him  on  Treasurer's  notes  and  the  interest  that  was  due  to  him 
and  for  the  blankets  purchased  of  him  for  the  Colony's  use, 
and  to  pay  to  him  what  they  found  needful  to  be  paid  to  him 
therefor,  and  to  report  &c. :  And  whereas  the  said  committee 
did  repair  to  Albany  and  pay  to  Mr.  Cornelius  Cuyler  the 
money  due  to  him  for  said  blankets  and  also  the  interest  on 
said  Treasurer's  notes,  but  were  unable  to  finish  the  other 
matters  committed  to  them,  as  General  Amherst  and  Chris- 
topher Kilby,  Esq'',  were  both  gone  from  Albany  :  Therefore 


1759.]  OP    CONNECTICUT.  333 

it  is  resolved,  that  John  Ledyard  and  David  Rowland,  Esqfs, 
be  a  committee  to  make  application  to  his  Excellency  Gen- 
eral Amherst  for  the  pnrpose  abovesaid,  and  to  solicit  for  and 
receive  the  balance,  and  to  settle  with  Christopher  Kilby, 
Esq"",  the  Colony's  accounts  and  pay  to  him  the  balance  due  ; 
and  the  Committee  of  the  Pay-Table  are  directed  to  draw  an 
order  on  the  Treasurer  of  this  Colony  for  such  a  sum  as  they 
judge  necessary  for  the  payment  proposed  to  be  made  by  the 
committee  as  above  directed;  and  the  said  committee  are 
directed  to  settle  the  account  of  the  payment  that  shall  be 
made  by  them,  and  for  the  service,  with  the  Committee  of  the 
Pay-Table,  and  pay  the  balance  that  may  be  left  in  their 
hands  to  the  Treasurer,  taking  his  receipt  therefor,  and  lodge 
the  same  in  the  hands  of  the  Secretary.  And  the  said  com- 
mittee are  directed  to  report  their  doings  to  the  next  sessions 
of  this  Assembly. 

Resolved  hy  this  Assembly^  That  a  certain  book,  intituled  A 
Confession  of  Faith  owned  and  consented  to  by  the  Elders 
and  Messengers  of  the  Churches  in  this  Colony  of  Connecti- 
cut in  New  England  assembled  by  Delegation  at  Saybrook 
September  9th  1708  :  printed  at  New  London  anno  Bom.  1710, 
be  (inclusive  of  the  preface  thereof)  in  all  the  parts  of  it 
carefully  and  exactly  reprinted,  and  that  the  same  to  the 
number  of  two  thousand  copies  be  bound  with  sheep-skin  and 
distributed  to  the  several  towns  in  this  Colony  according  to 
their  publick  lists  given  in  to  this  Assembly  in  its  present 
sessions ;  and  that  Hez''  Huntington,  Esq"",  Mr.  David  Gard- 
ners and  William  Williams,  Esq"",  or  any  two  of  them,  be  a 
committee  to  procure  the  same  to  be  done  accordingly,  at  the 
charge  of  this  government. 

Resolved  hy  this  Assembly,  That  the  pay-masters  of  tlie 
respective  companies  of  soldiers  in  the  service  of  this  Colony 
shall  be  allowed  as  a  reward  for  their  trouble  for  receiving 
and  paying  off  such  soldiers  wages  at  the  rate  of  one  and 
a  half  per  cent. 

Whereas  the  General  Assembly  of  this  Colony  at  their 
sessions  in  May  1758,  having  before  them  one  Phineas  Cook, 
of  Wallingford  in  the  county  of  New  Haven,  by  virtue  of  an 
arrest  issued  on  the  information  of  the  King's  attorney 
against  him,  and  whereon  said  Assembly  then  made  a  decree 
in  favour  of  said  Colony  against  him,  the  said  Phineas  Cook, 
for  the  sum  of  sixty-nine  pounds  ten  shillings  lawful  money, 
for  the  keeping  and  providing  for  one  Robert  Cromwell,  which 
was  cast  upon  this  government  when  it  belonged  to  said  Cook 
to  keep  and  provide  for  the  said  Robert,  and  also  for  the  sum 


334  PUBLIC    RECORDS  [Oct. 

of  three  pounds  eight  shillings  and  nine  pence  for  cost  of 
prosecution,  and  that  the  said  Phineas  Cook  should  secure 
the  government  from  future  charge  &c.  And  whereas  the 
said  Phineas  Cook  escaped  from  said  arrest  and  absconded 
and  went  at  large  without  the  leave  of  the  said  Assembly,  not 
having  fulfilled  or  performed  said  decree,  and  execution  of 
said  judgment  yet  remains  to  be  done :  It  is  therefore  re- 
solved by  this  Assembly,  that  the  Secretary  of  this  Colony 
issue  out  an  execution  on  said  judgment  in  due  form  of  law 
against  the  said  Cook,  directed  to  some  proper  officer  or 
officers,  to  levy  the  aforesaid  sums  on  the  money,  goods  or 
estate  of  the  said  Cook,  and  for  want  thereof  to  take  his 
body  and  him  commit  to  prison  until  he  pay  and  satisfy  the 
same,  in  due  and  common  form  of  law.  And  this  Assembly 
appoints  Mr.  James  Abraham  Hilhouse  of  New  Haven  agent, 
in  the  name  and  behalf  of  the  G-overnor  and  Company  of  this 
Colony,  to  apply  to  the  Secretary  of  this  Colony  for  said 
execution  and  to  put  the  same  into  the  hands  of  some  proper 
officer,  and  to  receive  said  monies  when  levied  and  deliver 
the  same  to  the  Treasurer  of  this  Colony  for  the  use  of  this 
government,  taking  his  receipt  therefor,  which  receipt  shall 
[232]  be  lodged  with  the  Secretary  of  this  Colony ;  ||  and 
that  the  said  Mr.  James  Abraham  Hilhouse  be  authorized, 
and  he  is  hereby  authorized  and  directed,  to  take  out  a  writ 
of  arrest  from  the  Secretary  of  this  Colony  for  the  purpose 
of  taking  and  holding  the  said  Cook  so  as  that  he  may  be  had 
before  the  General  Assembly  of  this  Colony  in  order  to  his 
complying  with,  or  being  constrained  to  comply  with,  the  said 
decree  of  the  Assembly  concerning  his  giving  security  for 
defraying  said  future  charges,  which  writ  the  Secretary  is 
hereby  authorized  and 'directed  to  issue,  and  the  said  writ  shall 
be  directed  to  some  proper  officer  or  officers  to  serve. 

Whereas  this  Assembly  are  certified  that  the  listers  of  the 
town  of  Norwich  for  the  year  1758  did  not  make  a  true  and 
exact  account  of  the  sum  total  of  the  list  of  said  town,  Imt 
by  a  miscast  (as  it  is  supposed)  transmitted  to  the  Assembly 
a  sum  for  said  total  more  than  one  thousand  less  than  the 
real  sum  total,  and  that  said  listers  have  not  yet  rectified 
said  mistake,  and  the  list  of  said  town  for  said  year  with 
the  Treasurer  of  this  Colony  is  less  than  it  ought  to  be: 
Resolved  by  this  Assembly,  that  said  listers  be  ordered, 
and  they  are  hereby  ordered  and  directed,  to  reinspect  said 
list  and  report  and  send  to  this  Assembly  in  their  present 
session  said  mistake  and  the  true  sum  left  out  by  such  mis- 
take, that  the  same  may  be  added  to  the  total  of  the  list 


1759.]  OF    CONNECTICUT.  335 

already  sent  in  and  made  effectual  for  the  list  of  said  town. 
And  that  the  Representatives  of  said  town  now  in  this  Assem- 
bly are  desired  to  notify  said  listers  of  this  act. 

Whereas  the  listers  in  the  town  of  Norwich  for  the  year 
1758  made  a  mistake  in  casting  the  list  of  said  town  for  that 
year  and  have  now  certified  to  this  Assembly  that  on  care- 
fully reinspecting  of  said  list  find  the  sum  total  returned  by 
them  is  .£1524  12.s.  4c?.  less  than  the  true  sum  total :  Resolved 
by  this  Assembly,  that  the  sum  of  ,£1524  126-.  4:d.  be  added 
to  the  sum  total  of  Norwich  list  sent  to  the  Assembly  in 
October  1758;  and  the  Treasurer  is  hereby  directed  to  settle 
with  the  constable  of  said  town  according  to  the  sum  total  as 
it  will  stand  with  said  addition,  the  former  return  notwith- 
standing, and  credit  the  Colony's  account  accordingly.  And 
the  Secretary  is  directed  to  deliver  a  copy  of  this  resolve  to 
the  Treasurer  for  his  direction  in  the  same. 

Whereas  the  listers  in  the  town  of  Milford  for  the  year 
1758  made  a  mistake  in  casting  the  list  of  said  town  for  that 
year  and  have  now  certified  to  this  Assembly  that  since  the 
setting  of  the  Assembly  in  May  last  they  have  found  a  mis- 
take of  one  hundred  pounds  undercharged  in  the  grand  list 
of  the  said  town  of  Milford :  Resolved  by  this  Assembly,  that 
the  sum  of  =£100  be  added  to  the  sum  total  of  Milford  list 
sent  to  the  Asseml)ly  in  October  1758,  and  the  Treasurer  is 
hereby  directed  to  settle  with  the  constable  of  said  town 
according  to  the  sum  total  as  it  will  stand  with  said  addition, 
the  former  return  notwithstanding,  and  credit  the  Colony's 
account  accordingly.  And  the  Secretary  is  directed  to  de- 
liver a  copy  of  this  resolve  to  the  Treasurer  for  his  direction 
in  the  same. 

Whereas  this  Assembly  at  their  sessions  at  Hartford  in 
May  last  (on  the  memorial  of  the  inhabitants  of  New  London) 
appointed  Jonathan  Trumlile  and  Joseph  Fowler,  Esq''%  a 
committee  to  repair  to  and  view  the  Mohegan  and  Indian 
lands  in  the  township  of  New  London  respecting  highways, 
and  to  report  their  opinion  thereon  to  this  Assembly  at  their 
present  sessions,  as  by  the  resolve  of  the  Assembly  aforesaid 
appears,  and  by  reason  of  sickness  the  said  affair  is  not  yet 
compleated :  Resolved  by  this  Assembly,  that  Jabez  Hamlin, 
Esq"",  be  joined  with  the  said  Jonathan  Trumble  and  Joseph 
Fowler,  Esq'"%  a  committee  for  the  purpose  above  referred  to, 
and  they  or  any  two  of  them  view  &c.  and  make  report  to 
this  Assembly  in  May  next. 

Whereas  Daniel  Edwards,  Esq'",  Col.  Joseph  Pitkin  and 
Capt.  John  Lawrence  were  by  this  Assembly  at  their  session 


336  PUBLIC    KECORDS  [Oct. 

at  Hartford  in  May  last  appointed  a  committee  to  receive  of 
the  managers  of  the  lottery  granted  by  this  Assembly  at  their 
sessions  in  February  1757,  the  tickets  remaining  in  their 
hands  unsold,  and  adjust  the  accounts  <fec.,  and  make  report 
of  their  doings  to  this  Assembly  in  their  present  session: 
And  whereas  the  said  committee  have  not  been  able  to  per- 
[233]  form  said  ||  business:  They  are  hereby  appointed  a 
committee,  they  or  any  two  of  them,  to  receive  the  said 
tickets  unsold,  adjust  said  accounts  &c.  according  to  the 
directions  in  the  aforesaid  appointment,  and  make  report  to  the 
General  Assembly  to  be  holden  at  Hartford  in  May  next. 

This  Assembly  do  appoint  William  Pitkin  jun"",  EsqS  to  be 
Major  of  the  first  regiment  in  this  Colony. 

This  Assembly  do  appoint  Jedediah  Elderkin,  Esq"",  to  be 
Major  of  the  fifth  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Elijah  Sprague  to  be  Cap- 
tain of  the  company  or  trainband  in  the  second  society  in 
Lebanon. 

This  Assembly  do  establish  Mr.  John  Strong  to  be  Lieu- 
tenant of  the  company  or  trainband  in  the  second  society  in 
Lebanon. 

Tliis  Assembly  do  establish  Mr.  William  Buckingham  to 
be  Ensign  of  the  company  or  trainband  in  the  second  society 
in  Lebanon. 

This  Assembly  do  establish  Mr.  Abraham  Camp  to  be  Cap- 
tain of  the  16th  military  company  in  the  6th  regiment  in 
this  Colony. 

This  Assembly  do  establisli  Mr.  David  Coe  to  be  Lieuten- 
ant of  the  16th  military  company  in  the  6th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  David  Miller  to  be  En- 
sign of  the  16th  military  company  in  the  6th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Ezra  Hawley  to  be  Cap- 
tain of  the  troop  of  horse  in  the  4th  regiment  in  this  Colony. 

Tliis  Assembly  do  establisli  Ichabod  Lewis  to  be  Lieuten- 
ant of  the  troop  of  horse  in  the  4th  regiment  in  this  Colony. 

This  Assembly  do  establish  John  Moss  to  he  Cornet  of  the 
troop  of  horse  in  the  fourth  regiment  in  this   Colony. 

This  Assembly  do  establish  Joseph  Tomlinson  to  l)e  Quar- 
ter-Master of  the  troop  of  horse  in  the  4th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Dan  Ives  to  be  Captain  of 
the  12th  military  company  in  the  3d  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Joel  Cooper  to  be  Lieuten- 


1759.]  OF     CONNECTICUT.  337 

ant  of  the  12th  militaiy  company  in  the  3d  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Ezra  Tuttle  to  be  Ensign 
of  the  12th  military  company  in  the  3d  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Charles  Burrel  to  be  En- 
sign of  the  south  military  company  in  Canaan. 

This  Assembly  do  establish  and  confirm  Mr.  John  Strong 
to  be  Captain  of  the  first  military  company  or  trainband  in 
the  town  of  Farmington. 

This  Assembly  do  estal)lish  and  confirm  Mr.  John  Hart  to 
be  Lieutenant  of  the  first  military  company  or  trainband  in  the 
town  of  Farmington. 

This  Assembly  do  establish  and  confirm  Mr.  Solomon 
Cowles  to  be  Ensign  of  the  first  military  company  or  train- 
band in  the  town  of  Farmington. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Wake- 
ley  to  be  Lieutenant  of  a  military  company  in  Stratfield. 

This  Asseml)ly  do  establish  and  confirm  Mr.  George  Nichols 
to  1)0  Captain  of  the  2d  military  company  in  the  first  society 
in  Waterbury. 

This  Assembly  do  establish  and  confirm  Mr.  Josiah  Brunson 
to  be  Lieutenant  of  the  2d  military  company  in  the  first  society 
in  Waterbury. 

This  Assembly  do  establish  and  confirm  Mr.  Ebenezer 
Warner  to  l)e  Ensign  of  the  2d  military  company  in  the  first 
society  in  Waterbury. 

[234]     This  Assembly  do  establish  Mr.  Ichaljod  Wheeler  to 
Ije  Captain  of  the  first  military  company  in  Fairfield. 

This  Assembly  do  establish  Mr.  Abraham  Gould  to  be 
Lieutenant  of  the  first  military  company  in  Fairfield. 

This  Assembly  do  establish  Mr.  Samuel  Silliman  to  be 
Ensign  of  the  first  military  company  in  Fairfield. 

This  Assembly  do  establish  William  Case  to  be  Captain  of 
the  military  company  in  Tolland. 

This  Assembly  do  estalilish  Elijah  Chapman  to  be  Lieu- 
tenant of  the  military   comjiany  in  Tolland. 

This  Assembly  do  establish  Samuel  Hill  to  be  Lieuten- 
ant of  the  military  company  in  Greenfield  parish  in  the  4th 
regiment. 

This  Assembly  do  establish  Stephen  Hull  to  be  Ensign  of 
the  military  company  in  Greenfield  parish  in  the  4th  regi- 
ment. 

This  Assembly  do  establish  Samuel  Benham  to  be  En- 
sign of  the  military  company  in  New  Hartford. 

43 


338  PUBLIC    RECORDS  [Oct. 

This  Assembly  do  estal)lish  Ezra  Ely  to  be  Ensign  of  the 
8d  military  company  in  Lyme. 

This  Assembly  do  establish  Nathaniel  Bibber  to  be  Cap- 
tain of  the  7th  military  company  in  New  London. 

This  Asseml)ly  do  establish  Thomas  Rogers  to  be  Lieu- 
tenant of  the  7th  military  company  in  New  London. 

This  Assembly  do  establish  James  Houghton  to  be  En- 
sign of  the  7th  military  company  in  New  London. 

This  Assembly  do  establish  Mr.  Edmond  Beach  to  be  En- 
sign of  the  east  military  company  in  Goshen. 

This  Assembly  do  establish  Edward  Brush  to  be  Captain 
of  the  military  company  in  the  parish  of  Stanwich. 

This  Assembly  do  establish  David  Hoit  to  be  Lieutenant  of 
the  military  company  in  the  jtarish  of  Stanwich. 

This  Assembly  do  establish  Ebenezer  Weed  to  be  Ensign 
of  the  second  military  company  in  Stanford. 

This  Assembly  do  establish  Samuel  Hurlburt  to  be  Ensign 
of  the  north  military  com|)any  in  Sharon. 

This  Assembly  do  establish  David  Barber  to  be  Ensign  of 
the  north  part  of  the  south  company  or  trainband  in  the  town 
of  Hebron. 

This  Assembly  do  establish  Mr.  Godfrey  Tarbox  to  be  Cap- 
tain of  the  18th  company  or  trainlmnd  in  the  12th  regiment 
in  this  Colony. 

This  Assembly  do  estalilish  Mr.  Nathaniel  Phelps  to  be 
Lieutenant  of  the  18th  company  or  trainband  in  the  12th  regi- 
ment in  this  Colony. 

This  Assembly  do  establisli  Mr.  Joel  Jones  Ensign  of  the 
18th  company  or  trainband  in  the  12th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Hezekiah  Huntington  of  Wind- 
ham to  be  Cornet  of  the  troop  of  horse  in  the  Stii  regiment. 

[235]  This  Assembly  do  establish  Mr.  James  Royce  to  be 
Quarter-Master  of  the  troop  of  horse  in  tlie  10th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Gideon  Wolcott  to  he  Captain 
of  the  8d  military  company  in  Windsor. 

This  Assembly  do  establish  Erastus  Wolcott  to  be  Lieuten- 
ant of  the  8d  military  company  in  Windsoi-. 

This  Assembly  do  estabHsli  Nathaniel  Clianccy  to  be  Cap- 
tain of  the  5th  company  or  trainband  in  tlie  6th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Jose])h  Howard  to  be  Ca]»tain 
of  the  16th  military  company  in  the  11th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Timothy  Perrin  to  be  Lieuten- 


1759.]  OP    CONNECTICUT.  339 

ant  of  the  16th  military  comjiany  in  the  11th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Stei)hen  Mercey  to  be  Ensign 
of  the  16th  military  comi)any  in  the  11th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Daniel  Hull  to  be  Captain  of 
the  military  company  in  the  parish  of  Reading  in  the  4th 
regiment. 

This  Assembly  do  establish  )Stej)hen  Mead  to  be  Lieutenant 
of  the  military  comjiany  in  the  parish  of  Reading  in  the  4th 
regiment. 

This  Assemljly  do  esta1)lish  John  Merrick,  jun'',  to  be 
Ensign  of  the  8th  military  company  in  the  5th  regiment. 

This  Assembly  do  establish  Joseph  Hickcock  to  be  Lieu- 
tenant of  the  2d  military  company  in  Woodbury. 

This  Assembly  do  establish  Jonathan  Atwood  to  be  Lieu- 
tenant of  the  5th  military  company  in  Woodbury. 

This  Assembly  do  establish  Eleazer  Cady  to  be  Captain 
of  the  troop  of  horse  in  the  11th  regiment. 

This  Assembly  do  establish  Eljenezer  Spalding  to  be  Lieu- 
tenant of  the  troop  of  horse  in  the  11th  regiment. 

This  Assembly  do  establish  Joseph  Eaton  to  be  Cornet  of 
the  troop  of  horse  in  the  11th  regiment. 

This  Assembly  do  establish  Joseph  Dyar  to  be  Quarter- 
Master  of  the  troop  of  horse  in  the  11th  regiment. 

Whereas  the  compleatly  adjusting  and  liquidating  the  ac- 
counts of  the  towns  of  Milford,  Stratford,  Fairfield,  Norwalk 
and  Stamford,  concerning  billeting,  quartering  and  providing 
for  the  soldiers  of  his  Majesties  48th  regiment  of  land  forces 
last  winter,  &c.  was  referred  to  the  consideration  of  this  As- 
sembly :  Resolved  by  this  Assembly,  that  Thomas  Welles, 
Esq--,  Col.  Samuel  Talcott,  Mr.  John  Whiting  and  Capt.  Oba- 
diah  Johnson,  be  a  committee  to  finish  and  compleat  the  ad- 
justing and  liquidating  said  accounts  and  report  the  same. 

Whereas  this  Assembly  at  their  sessions  in  May  kst  ap- 
pointed and  impowered  Col.  John  Pitkin,  Col.  David  Whitney 
and  Mr.  William  Welles,  a  committee  to  ascertain  and  bound 
out  and  make  visil)le  and  lasting  monuments  on  a  highway  by 
them  planned  out  through  several  towns,  from  the  mansio^i 
house  of  Samuel  Humphrys,  deceased,  of  Symsbury,  to  near 
where  Colonel  David  Whitney  lives  at  Canaan ;  and  whereas 
by  reason  of  the  lameness  of  said  Welles  said  way  is  not 
bounded  out,  nor  like  to  be,  and  said  Colonel  Pitkin  desires 
to  be  excused  from  said  service :  It  is  therefore  resolved  by 
this  Assembly,  that  Capt.  Daniel  LaAvrence  and  Mr.  Erastus 


340 


PUBLIC    RECORDS 


[Oct. 


Wolcott  ])e  appointed  and  impowered  in  the  place  and  instead 
of  said  Pitkin  and  Welles,  and  join  with  said  Colo.  Whitney  to 
ascertain  and  bound  out  said  highway  according  to  the  re- 
solve of  this  Assembly  in  May  last. 

[236.]    Sum  Total  of  the  Lists  sent  into  the  Assembly  October,  1759. 


£ 

s. 

d. 

£ 

.s. 

J. 

Branford  list, 

22002 

17 

9 

Canaan, 

10003 

15 

0 

Fairfield, 

53358 

7 

5 

(rroton. 

23444 

8 

9 

Guilford, 

30449 

15 

9 

Goshen, 

7453 

17 

6 

Ridgfield, 

12626 

8 

2 

Plainfield, 

12399 

12 

6 

Stratford, 

39000 

0 

0 

Coventry, 

17053 

17 

5 

Litchfield, 

15335 

0 

6 

New  Hartford,  5272 

8 

0 

Norwich, 

56402 

4 

2 

Ashford, 

11635 

18 

-J 

New  London, 

33635 

10 

6 

Harwinton, 

4800 

5 

0 

Colchester, 

23652 

0 

Glassenbury, 

12636 

0 

8 

Tolland, 

10270 

.J 

0 

Lyme, 

24541 

16 

9 

Stamford, 

27451 

8 

7 

Nor  walk. 

35958 

9 

9i 

Symsbury, 

20609 

15 

0 

Woodbury, 

39262 

7 

5 

Durham, 

10104 

13 

6i 

Cornwall, 

5050 

0 

7 

Kent, 

108;;6 

10 

0 

D anbury. 

21032 

6 

1 

Windham, 

27317 

7 

7 

Greenwich, 

19056 

8 

0 

Woodstock, 

17451 

10 

0 

Midletown, 

48173 

0 

0 

Mansfield, 

16504 

4 

10 

Haddam, 

12098 

7 

0 

Endfield, 

8613 

12 

0 

Hebron, 

18846 

4 

6 

Salsbury, 

10760 

8 

3 

Canterbury, 

17456 

4 

0 

Pomfret, 

21546 

11 

6 

Stonington, 

33992 

18 

10 

Killingley, 

22260 

10 

0 

Weathersfielc 

1,26796 

3 

6 

Bolton, 

9087 

i;] 

0 

Hartford, 

39398 

6 

0 

New  Town, 

16326 

16 

1 

Preston, 

19658 

0 

0 

Say brook. 

20185 

13 

8 

Waterbury, 

24395 

8 

5 

Stafford, 

6178 

3 

6 

Volluntown, 

9956 

12 

0 

Lebanon, 

37200 

2 

0 

Darby, 

13458 

0 

0 

East  Haddam, 

21544 

4 

0 

Milford, 

25893 

1 

6 

New  Milford, 

16123 

17 

8 

Wallingford, 

42821 

18 

3 

New  Fairfield, 

8300 

2 

4 

Farmington, 

43248 

16 

lOJ 

Sufiield, 

16000 

0 

0 

Sharon, 

11243 

6 

0 

Torrington, 

5133 

0 

0 

Windsor, 

40586 

8 

10 

Sommers, 

7012 

0 

0 

New  Haven, 

52840 

11 

11 

Killingsworth, 

15255 

1 

3 

The  Gentlemen  nominated  by  the  Freemen  of  this  Colony,  as  sent  into 
this  Assenably  to  stand  for  Election  in  May  next  are  as  follows,  viz. 

The  Hon'j'e  Thomas  Fitch,  Esq>-. 

The  Hon'^ie  William  Pitkin,  Esq''. 
Roger  Newton,  Esq''.  Daniel  Edwards,  Esq"". 

Ebenezer  Silliman,  Esq^.  Jabez  Hamlin,  Esq^ 

Jonathan  Truml)le,  Esqf.  Mathew  Griswold,  Esq^. 

Hezekiah  Huntington.  Esq''.  Gurdon  Saltonstall,  Esq^. 


1759.]  OF    CONNECTICUT.  341 

Andrew  Burr,  Esq^  Phiueas  Lyman,  Esq"". 

John  Chester,  Esq''.  Col.  Shnbael  Conant. 

Thomas  Welles,  Esq^  Capt.  Elisha  Shelden. 

Benjamin  Hall,  Esq'".  Colo.  Eliphalet  Dyer. 

Roger  Wolcott,  jun"',  Esq^.  Colo.  Joseph  Pitkin. 

On  the  memorial  of  Joseph  Hall  &c.,  listers  of  the  town  of 
Wallingford  for  the  year  1758,  representing  to  this  Assembly 
that  whereas  John  Hotchkiss  of  said  Wallingi'ord  neglected 
to  give  in  to  said  listers  a  list  of  his  whole  estate  for  said  year, 
by  means  whereof  the  said  John  Hotchkiss  was  fourfolded 
and  had  to  his  list  added  X114  8  0,  which  sum  was  added 
to  his  list  for  said  year,  of  which  sum  <£86  8  0  was  by  the  au- 
thority and  selectmen  of  the  said  town  of  Wallingford  abated  ; 
praying  that  the  doings  of  the  authority  and  selectmen  be 
[237]  annulled  and  set  aside  &c.,  as  by  said  memorial  on  file  :  || 
Resolved  by  this  Assembly,  that  the  doings  of  said  authority 
and  selectmen  in  abating  said  sum  of  £86  8  0  be  and  the  same 
is  hereby  declared  to  be  null  and  void,  and  that  the  several  con- 
stables and  collectors  of  the  town  of  Wallingford  ordered  to 
collect  the  tax  arising  on  said  list  are  hereby  authorized  and 
impowered  to  collect  and  receive  of  the  said  John  Hotchkiss 
all  such  rates  and  taxes  that  have  or  may  arise  on  said  fourfold 
assessments  made  as  aforsaid,  except  what  is  already  collected, 
and  the  same  pay  and  dispose  of  according  to  the  laws  of  this 
Colony  in  such  case  provided ;  and  that  all  rate-bills  made  or 
to  be  made  against  the  said  John  Hotchkiss  on  the  list  afore- 
said- shall  be  made  and  he  therein  shall  be  rated  and  assessed 
as  though  no  abatement  had  been  made  by  the  authority 
aforesaid. 

The  towns  of  Fairfield,  Milford,  Stratford,  Norwalk  and 
Stanford,  having  exhibited  to  the  General  Assembly  holden 
at  Hartford  in  May  last  their  several  accounts  for  quartering 
his  Majesties  48th  regiment  the  last  winter,  the  adjustment 
of  which  accounts  was  referred  to  the  consideration  of  this 
Assembly,  and  the  same  having  been  duly  examined  and  con- 
sidered :  It  is  thereupon  resolved  by  this  Assembly,  that  the 
Treasurer  of  this  Colony  be  and  he  is  hereby  directed  and  or- 
dered to  pay  out  of  the  Colony  treasury  to  the  inhabitants  of 
the  town  of  Fairfield  the  sum  of  four  hundred  and  ninety-one 
pounds  fifteen  shillings  and  seven  pence.  £491  156-.  Id. 
And  to  the  inhabitants  of  the  town  of  Milford  the  sum  of  four 
hundred  ninety-one  pounds  ten  shillings  and  nine  pence. 
£491  lOs.  dd.  And  to  the  inhabitants  of  the  town  of  Strat- 
ford the  sum  of  four  hundred  and  seventy-two  pounds  five 
shillings  and  eleven  pence.     £472  5s.  lid.     And  to  the  in- 


342  PUBLIC    RECORDS  [Oct. 

habitants  of  the  town  of  Norwalk  the  sum  of  four  hundred 
eighty-seven  ]>ounds  five  shilling's  and  six  pence.  X487  5s. 
6d.  And  to  the  inhabitants  of  the  town  of  Stanford  the  sum 
of  four  hundred  and  thirty-three  pounds  thirteen  shillings  and 
eleven  pence.  <£433  13s.  lie?.,  in  full  satisfaction  of  their 
said  respective  accounts.  And  the  several  sums  above  men- 
tioned shall  be  allowed  and  paid  by  the  said  Treasurer  out  of 
the  public  tax  on  the  inhabitants  of  this  Colony  ordered  to  be 
brought  in  to  the  said  treasury  in  December  next. 

On  the  petition  of  Thomas  Hancock,  of  Boston  in  the  county 
of  Suffolk  and  Province  of  the  Massachusetts  Bay.  shewing 
to  this  Assemljly  that  he  brought  his  action  against  one  Reu- 
ben Cone  of  East  Haddam,  demanding  the  surrendry  of  a 
certain  tract  of  land  lying  and  being  in  East  Haddam  afore- 
said, which  came  to  a  final  tryal  at  the  superior  court  held  at 
Hartford  in  and  for  the  county  of  Hartford  on  the  first  Tues- 
day of  June  1759,  on  a  demurrer  to  the  replication  of  the 
plaintiff,  on  which  judgment  was  had  and  rendered  in  favour 
of  the  then  defendant,  viz.  that  said  replication  was  in- 
sufficient, <fec. ;  shewing  that  l)y  the  mis-pleading  or  ill-replica- 
tion of  the  then  plaintiff''s  attorney  he  lost  his  said  cause ; 
thereupon  praying  for  liberty  of  another  tryal  of  said  cause 
&c.  as  per  petition  on  file :  Resolved  by  this  Assembly,  that 
the  said  Hancock  have  liberty  and  the  same  is  hereby  granted 
to  him,  to  enter  said  cause  at  the  superior  court  to  be  held  at 
Hartford  in  and  for  the  county  of  Hartford  on  the  first  Tues- 
day of  March  next,  and  that  he  have  another  tryal  of  said 
cause  at  said  March  superior  court,  and  that  future  cost  only 
follow  the  judgment  of  said  March  superior  court  therein. 

Upon  the  petition  of  Gershom  Nott  against  William 
Howard :  It  is  resolved,  that  the  same  and  matters  therein 
shall  be  and  the  same  is  hereby  referred  to  the  consideration 
of  this  Assembly  at  their  sessions  in  May  next,  and  that  exe- 
cution on  the  judgment  complained  of  in  said  petition  shall 
be  stayed  till  the  rising  of  said  Assembly. 

On  the  petition  of  Solomon  Drown,  James  Nevins  and 
Ignatius  Barker,  representing  to  this  Assembly  that  one 
David  Nevins  late  of  Canterbury,  deceased,  in  his  life  time 
was  justly  indebted  to  them  and  sundry  others  in  large  sums 
of  money,  which  still  remain  unpaid,  and  that  the  said  David 
Nevins  in  his  life  time  executed  to  Colo.  Simon  Lothrop  of 
Norwich  a  bill  of  sale  of  all  his  goods  and  personal  estate  and 
also  a  deed  of  all  his,  the  said  David's,  land,  in  trust,  with  in- 
tent to  defraud  the  creditors  to  the  said  David  Nevins  of  their 
just  debts  &c. ;   complaining  that  said  deed  and  bill  of  sale  was 


1759.]  OF    CONNECTICUT.  343 

fraudulent,  and  praying  that  the  same  may  be  set  aside,  or 
[238]  otherwise  grant  relief  &c. :  ||  Resolved  by  this  Assem- 
bly, that  Jonathan  Trumble,  Christopher  Avery  and  William 
Williams  of  Lebanon,  Esq''%  be  and  they  are  hereby  appoint- 
ed a  committee  to  enquire  and  find  out  the  truth  of  the  mat- 
ters in  said  petition  complained  and  referred  to;  to  examine 
the  claims  of  the  petitioners  and  other  creditors  to  the  said 
David  Nevins'  estate,  and  to  examine  all  j)ersons  and  parties 
therein  concerned  under  oath,  and  any  others  that  said  com- 
mittee shall  think  })ro})er,  in  order  to  find  what  is  become  of 
the  personal  estate  of  said  Nevins  mentioned  and  contained 
in  said  pretended  bill  of  sale  from  said  Nevins  to  said  Loth- 
rop ;  to  bring  to  light  and  discover  the  actions  and  trans- 
actions between  said  Lothrop  and  said  Nevins  with  regard  to 
said  Nevins'  estate,  and  also  the  transactions  of  the  said 
Rufus  Lothro})  therein,  and  examine  all  witnesses,  exhibits 
and  papers  relative  to  said  matters;  and  of  what  they  find 
with  their  o})inion  thereon  to  make  report  to  this  Assembly 
in  their  sessions  at  Hartford  in  May  next. 

Upon  the  petition  of  Philander  Pinncy  of  Windsor,  i-epre- 
senting  to  this  Assembly  that  in  the  year  1754,  one  Eliphalet 
Beacher  prayed  out  his  certain  writ  of  attachment  against  one 
Timothy  Adams  of  said  Windsor,  demanding  XlOO  damages 
for  forgery,  which  writ  was  put  into  the  hands  of  one  Elijah 
Kent  of  Sufifield,  (who  then  was  deputy  to  the  sheriff  of 
Hartford  county, )  to  serve  according  to  law  and  make  return 
to  the  county  court  then  to  be  held  at  New  Haven  in  New 
Haven  county  November  2d  Tuesday  1754,  and  said  Elijah 
having  received  said  writ  did  thereby  attach  the  body  of  said 
Adams,  and  said  Adams  did  in  order  to  get  his  liberty  from 
said  arrest  procure  said  Pinney  to  give  bail  for  his  ap])earance 
at  said  New  Haven  court,  and  said  Kent  in  lieu  of  taking  a 
common  bail-bond  &c.  did  insist  on  said  Pinney \s  giving  an 
absolute  note  of  <£200  0  0  lawful  money,  with  interest  from 
date  till  paid,  for  the  appearance  of  said  Adams,  and  that  said 
Kent  *  did  execute  to  said  Kent  for  said  purpose  an  absolute 
note  of  said  sum  of  X200  0  0  lawful  money  with  interest ;  and 
further  rei)resenting,  that  said  Beacher  at  said  November 
county  court  recovered  judgment  by  default  against  said 
Adams  in  said  action  for  the  sum  of  X09  9  1  damages  and 
£4  18  1  cost,  and  that  said  Kent  had  had  sued  said  note 
given  by  said  Pinney  and  had  thereon  recovered  judgment  for 
the  sum  of  £112  0  0  lawful  money  damages  and  =£4  3  4  cost, 
which  last  judgment  the  said  Pinney  had  [been]  compelled  to 

*  So  in  the  Record. 


344  PUBLIC    RECORDS  [Oct. 

pay  and  discharge  ;  praying  this  Assembly  for  relief :  Re- 
solved by  this  Assembly,  that  John  Chester,  Esq"",  Elisha 
Williams  of  Weathersfield,  and  Capt.  John  Lawrence  of  Hart- 
ford be  a  committee,  and  they  are  hereby  appointed  a  com- 
mittee to  enquire  into  the  ailed  ged  and  complained 
of  in  said  petition,  and  make  report  of  their  opinion  thereon 
to  the  General  Asseml)ly  to  be  holden  at  Hartford  in  May 
next. 

o  .  Upon  the  memorial  of  John  Hall  the  second,  Caleb  Meri- 

^  man,  Eliakim  Hall  and  Isaac  Johnson,  all  members  of  the  first 

society  in  Wallingford,  and  others,  members  of  said  society, 
being  the  minor  part,  so  called,  in  said  society  who  opposed 
the  settlement  of  Mr.  James  Dana  in  said  society  as  the  min- 
ister thereof,  and  dissent  from  his  ministry,  representing 
many  difficulties  they  labour  under  on  account  of  the  settle- 
ment of  the  said  Mr.  James  Dana,  and  praying  for  relief,  as 
by  their  memorial  more  fully  and  at  large  may  appear  :  Re- 
solved by  this  Assembly,  that  the  memorialists  be  freed  and 
they  are  hereby  freed  from  all  the  taxes  and  rates  that  are  or 
shall  l;>e  laid  by  the  said  society  for  the  settlement  and  sup- 
port of  the  said  Mr.  Dana,  and  that  they  shall  have  liberty, 
and  the  same  is  hereby  granted  to  them,  to  convene  and 
worship  among  themselves  at  any  convenient  place  by  them 
agreed  upon  (other  than  the  meeting-house  in  said  society) 
and  to  tax  themselves  to  raise  money  to  pay  for  preaching  the 
gospel  among  them,  during  the  pleasure  of  this  Assembly. 

Ordered,  That  the  Treasurer  of  this  Colony  pay  out  of 
the  public  treasury  unto  Mr.  Timothy  Green,  |)rinter  to  the 
Governor  and  Company,  the  sum  of  eighteen  p(mnds  tliirteen 
shillings  and  six  pence,  for  his  last  half  year's  salary  and  in 
full  for  sundry  other  services  mentioned  in  liis  accounts  ex- 
hibited to  and  allowed  by  this  Assembly. 

Resolved  hy  this  Assemhly,  That  the  officers  and  soldiers 
in  the  [»ay  of  this  Colony  in  the  ]i resent  campaign  be  exempt- 
ed from  having  their  })olls  put  into  the  jtublic  list  of  this 
Colony  the  current  year. 

This  Assembly  do   appoint   Benjamin  Hall,  Esq'',   to  be 
Judge  of  the  Superior  Courts  in  this  Colony  until  the  session . 
of  the  General  Assembly  in  May  next,  in  the  room  of  Roger 
Wolcott  jun"",  deceased,  f 

t  There  was  printed  at  New  Haven  by  James  Parker  and  Company,  1 760,  ])p. 
10,  A  Funeral  Poem  upon  Roger  Wolcott,  Esq',  who  was  one  of  the  Honourable 
Council  of  the  Colony  of  Connecticut  and  a  .Judge  of  their  Superior  Court ;  who 
died  October  19th,  1759,  iu  the  56th  year  of  his  age.  Inscribed  to  William 
Wolcott,  Esq'  . 


1759.]  OF    CONNECTICUT.  345 

[239]  Resolved  hy  this  Assembly,  That  Jared  Ingersol,  Esq"", 
Agent  of  this  Colony,  who  is  impowered  to  solicit  for  and  re- 
ceive all  such  sum  and  sums  of  money  as  may  be  granted  and 
ordered  this  Colony  by  the  Parliament  of  Great  Britain  as  a 
compensation  for  the  services  and  expences  of  this  Colony  in 
the  last  year's  expedition  against  Canada,  be  and  lie  is  hereby 
directed,  on  receipt  of  such  money,  to  send  fifteen  thousand 
pounds  sterling  thereof  in  specie  to  the  Governor  and  Com- 
pany of  this  Colony  by  the  first  good  opportunity  he  may 
have  safely  to  convey  the  same  at  a  moderate  insurance,  and 
in  such  coins  as  may  turn  out  to  the  ])est  advantage  to  this 
Colony,  and  to  put  the  remainder  thereof  in  some  proper  and 
safe  bank  in  England,  in  the  name  and  on  account  of  this 
Colony,  to  be  drawn  by  him  or  the  Agent  of  this  Colony  for 
the  time  lieing,  to  be  disposed  of  according  to  such  other  or 
further  orders  as  he  or  the  Agent  for  the  time  being  shall 
from  time  to  time  receive  from  this  Assembly  for  that  pur- 
pose. 

Whereas  this  Assembly  is  informed  by  letters  from  Mr. 
Ingersol,  that  the  estate  of  our  late  Agent,  Mr.  Partridge,  de- 
ceased, is  insolvent,  and  that  this  Colony  is  in  danger  of  suf- 
fering thereby  and  the  bills  of  exchange  drawn  Ijy  his  Honor 
the  Governor  on  Mr.  Partridge  for  payment  of  the  Colony's 
money  in  his  hands  may  fail  of  due  honor  and  payment,  and 
protests  on  such  bills  may  occasion  Interest  and  damages  to 
be  paid  and  allowed  liy  the  Colony,  to  its  further  loss :  which 
to  prevent :  It  is  resolved  by  this  Assembly,  that  Jared  In- 
gersol, Esq'',  be  and  he  is  hereby  directed  to  use  his  endeavours 
to  prevent  any  of  the  bills  of  exchange  abovementioned  being 
protested,  and  if  need  be  to  pay  any  of  such  bills  not  paid  by 
the  executors  of  the  said  Mr.  Partridge  to  such  persons  in 
whose  favour  the  same  are  drawn  for  the  honor  and  safety  of 
the  Colony  out  of  the  money  he  shall  receive  as  a  compensa- 
tion made  the  Colony  for  ih^  services  and  expences  in  the  ex- 
pedition against  Canada  the  last  year.  And  Mr.  Ingersol  is 
further  directed  to  settle  the  accounts  with  the  executors  of 
Mr.  Partridge  on  behalf  of  this  Colony  in  the  best  manner  he 
can,  and  therein  to  ol»serve  the  advice  given  ])y  his  Honor  the 
Governor  in  his  letter  dated  16th  July  1759,  and  Ijring  the 
same  to  a  conclusion  as  speedily  as  with  safety  and  advantage 
to  the  Colony  it  may  be  done. 

The  Honorable  William   Pitkin,  Esq"",  John  Chester  and 
George  Wyllys,  Esq''^  are  herel>y  appointed  a  committee,  they 
or  any  two  of  them,  to  sell  twenty-two  thousand  pounds  ster- 
ling of  such  sum  or  sums  of  money  as  is  or  shall  be  granted 
44 


346  PUBLIC    RECORDS  [Oct. 

or  ordered  by  Parliament  or  otherwise  distributed  to  this 
Colony  for  and  as  a  compensation  for  the  services  and  ex- 
pences  of  the  last  year's  expedition  against  Canada,  as  soon 
as  certain  intelligence  is  had  that  said  money  is  received  by  Mr. 
Agent  Ingersol.  And  the  said  committee  is  hereby  directed 
to  sell  the  same  for  the  full  value  thereof  in  silver,  gold,  or 
bills  of  credit  of  this  Colony  emitted  by  act  of  Asseml)ly  in 
March  1758,  to  any  person  or  persons  that  shall  appear  and 
pay  the  value  thereof  as  aforesaid  into  the  treasury  of  this 
Colony.  And  when  such  contract  is  made  and  the  money  or 
bills  as  aforesaid  paid  into  the  treasury  as  aforesaid,  and  the 
Treasurer's  receipt  produced  to  said  committee  in  evidence 
thereof,  said  committee  is  directed  to  lodge  the  same  with  the 
Secretary  of  this  Colony  and  make  a  proper  certificate  thereof 
to  his  Honor  the  Governor,  and  on  receipt  of  such  certificate 
his  Honor  the  Governor  is  hereby  desired  and  impowered  to 
draw  proper  bills  of  exchange  on  the  said  Jared  Ingersol, 
Esq"",  in  favour  of  such  })urchaser  or  purchasers  for  the  pay- 
ment of  such  sum  or  sums  as  he  or  they  shall  have  purchased 
as  aforesaid. 

Whereas  this  Assembly  have  directed  Mr.  Ingersol  on  re- 
ceipt of  the  money  granted  by  Parliament  as  a  compensation 
for  the  services  and  expences  of  this  Colony  in  the  last  year's 
expedition  against  Canada,  to  send  fifteen  thousand  pounds 
sterling  thereof  in  specie  to  the  Governor  and  Com})any : 
Thereupon  it  is  resolved  by  this  Assembly,  that  the  Treasurer 
of  this  Colony  be  and  he  is  hereby  directed  on  the  arrival  of 
said  money  to  receive  the  same  into  his  hands  and  pay  and 
discharge  the  bills  of  credit  emitted  by  act  of  the  Asseml)ly 
on  the  27th  day  of  August  therewith. 

Resolved  hy  this  Assemhly^  That  so  soon  as  the  muster 
or  pay-rolls  of  the  regiments  of  this  Colony  imployed  in  his 
Majesties  service  for  the  reduction  of  Canada  in  the  campaign 
of  the  current  year,  with  the  other  accounts  of  ex|)ences  rela- 
tive thereto,  are  drawn  and  settled,  the  Committee  of  the 
Pay-Table  do  draw  over  and  prepare  two  other  sets  of  the 
same  duly  authenticated,  and  transmit  them  to  his  Honor  the 
Governor,  that  such  rolls  and  accounts  may  be  seasonably 
sent  to  our  Agent  in  England.  And  his  Honor  the  Governor 
is  desired  to  forward  one  set  by  the  first,  and  the  other  by  the 
next  opportunity. 

[The  Record  is  not  completed,  and  five  pages  (240 — 244)  are  left  blank.     Sun- 
dry of  the  files  of  this  session  are  also  missing.] 


V 


Esq% 
Assistants. 


1760.]  OP    CONNECTICUT.  347 

[245]      Anno  Regni  Regis   Georgii  secundi  trigesimo-tertio. 

At  a  General  Assembly  of  the  Governor  and  Company 
OF  HIS  Majesty's  English  Colony  op  Connecticut  in  New 
England  in  America  holden  at  Hartford  in  said  Colony 

(BY    special  order  of   HIS    HONOUR    THE  GOVERNOR  OF    THE 

Colony  aforesaid)  on  the  Ioth  day  of  March  annoque 
Domini  1760. 

Present  : 
The  Honourable  Thomas  Fitch,  Esq"",  Grovernor. 
The  Hon'^'e  William  Pitkin,  Esq'",  Deputy  Governor. 
Roger  Newton,  Thomas  Wells, 

Ebenezer  Silliman,         Benjamin  Hall, 
Jonathan  Trumble,         Daniel  Edwards, 
Hezekiah  Huntington,    Jabez  Hamlin, 
Andrew  Burr,  Matthew  Griswold, 

John  Chester, 

Representatives  or  Deputies  who  attended  this  Asseinhly 

are  as  foUoivs,  viz  : 

Col.  Joseph  Pitkin,  Col.  Samuel  Talcott,  for  Hartford. 

Col.  John  Hul)bard,  Mr.  John  Whiting,  for  New  Haven. 

Mr.  David  Gardner,  Capt.  Pjgan  Adams,  for  New  London. 

Mr.  David  Rowland,  for  Fairfield. 

Mr.  Samuel  Gray,  Capt.  Samuel  Moredock,  for  Windham. 

Col.  Ebenezer  Marsh,  Capt.  Elisha  Sheldon,  for  Litchfield. 

Capt.  Jabez  Huntington,  Mr.  Daniel  Lothrop,  for  Norwich. 

Col.  Shubael  Conant,  Mr.  William  Hall  juu"",  for  Mansfield. 

Col.  David  Whitney,  for  Canaan. 

Mr.  Samuel  Kimberly,  for  Glassenbury. 

Mr.  Samuel  Olmsted,  Mr.  Stephen  Smith,  for  Ridgfield. 

Capt.  Obadiah  Johnson,  Col.  John  Dyar,  for  Canterbury. 

Mr.  Phineas  Strong,  Mr.  Joseph  Strong,  for  Coventry. 

Capt.  Samuel  Kent,  Capt.  Benjamin  Kent,  for  Suffield. 

Mr.  John  Strong,  Capt.  William  Wadsworth,  for  Farmington. 

Capt.  Samuel  Pettibone,  Capt.  Nathaniel  Baldwin,  for 
Goshen. 

Capt.  Elijah  Worthington,  Mr.  Dudley  Wright,  for  Col- 
chester. 

Col.  Timothy  Stone,  Mr.  Edmond  Ward,  for  Guilford. 

Major  Ezekiel  Pierce,  Capt.  Thomas  Stephens,  for  Plainfield. 

Capt.  Abjah  Catling,  Mr.  Daniel  Catling,  for  Harwintou. 

Col.  Robert  Walker,  Mr.  Ichabod  Lewis,  for  Stratford. 

Mr.  Joseph  Sexton,  for  Somers. 

Mr.  Michael  Humphry,  for  Symsburj. 

Mr.  Jabdz  Swift,  Mr.  Daniel  Lee,  for  Kent. 


348  PUBLIC   RECORDS  [March, 

Capt.  William  Hoadlj,  Capt.  Robert  Foot,  for  Branford. 

Mr.  Joseph  Piatt,  for  Norwalk. 

Capt.  Samuel  Ely,  for  Lyme. 

Mr.  Isaac  Kellogg,  Mr.  Eleazer  Goodwin,  for  New  Hartford. 

Capt.  Hezekiah  Whittlesey,  Capt.  John  Miirdock,  for    Say- 
brook. 

Capt.  Elisha  Williams,  for  Weathersfield. 

Major  Edward  Allin,  Capt.  John  Fowler,  for  Milford. 

Mr.  Charles  Whittlesey,  Capt.  Samuel  Hall,  for  Wallingford. 

Mr.  Abraham  Davenport,  Mr.  Charles  Webb,  for  Stanford. 

Mr.  Christopher  Holmes,  for  East  Haddam. 

Mr.  Josiah  Stoddard,  Capt.  Samuel  Moor,  for  Salisbury. 

Mr.  James  Wadsworth,  Capt.  James  Wadsworth,  for  Durham. 

[246]   Mr.  Roger  Sherman,  Mr.  Partridge  Thatcher,  for  New 
Milford. 

Mr.  Daniel  Booth,  Capt.  Henry  Glover,  for  Newtown. 

Mr.  Ebenezer  Williams,  Mr.  Jonathan  Dresser,  for  Pomfret. 

Mr.  Seth  Wetmore,  Mr.  Matthew  Talcott,  for  Middletown. 

Capt.  Robert  Dixon,  Mr.  John  Smith,  for  Voluntown. 

Capt.  Samuel  Basset,  Capt.  James  Wheeler,  for  Derby. 

Mr.  Zebulon  West,  Capt.  Joshua  Wills,  for  Tolland. 

Mr.  Benjamin  Gale,  Capt.  Elnathan  Stephens,  for  Killings- 
worth. 

Capt.  Timothy  Judd,  Mr.  Thomas  Matthews,  for  AVaterbury. 

Capt.  Joshua  West,  Mr.  William  Williams,  for  Lelianon. 

Mr.  John  Phelps,  Mr.  Alexander  Phelps,  for  Hebron. 

Mr.  Jacob  Dresser,  Capt.  Samuel  Danielson,  for  Killingsly. 

Mr.  Isaac  Johnson,  Mr.  Manassah  Hosmer,  for  Woodstock. 

Capt.  Benjamin  Talcott,  Mr.  David  Strong,  for  Bolton. 

Mr.  Edward  Collins,  for  Eniield. 

Mr.  Daniel  Aldin,  Mr.  Nathan  Johnson,  for  Stafford. 

Mr.  Amos  Babcock,  Capt.  Jedidiah  Fay,  for  Ashford. 

Mr.  Daniel  Sherman,  Col.  Benjamin  Hinman,  for  Woodbury. 

Mr.  Comfort  Starr,  Capt.  Lemuel  Beebe,  for  Danbury. 

Mr.  Erastus  Wolcott,  for  Windsor. 

for  Greenwich. 

Mr.  Hezekiah  Brainard,  for  Haddam. 

Mr.  Simeon  Minor,  Capt.  Amos  Cheesl>rough,  for  Stonington. 

Col.  Christopher  Avery,  Capt.  Jal>ez  Smith,  for  Groton. 

Capt.  William  Witter,  Mr.  Nathaniel  Brown,  for  Preston. 
Col.  Shubael  Conant,  Speaker      )  of  the  House 
Capt.  Jabez  Huntington,  Clerk    )  of  Representatives. 


1760.]  OF    CONNECTICUT.  349 

An  Act  for  raising  in  this  Colony  by  Enlistments  Five  Thousand  Men  in- 
cluding- Officers  and  for  giving  Du-ections  concerning  them  in  Conse- 
quence of  his  Majesty's  Orders  for  the  next  Campaign  and  for  making 
Provisions  to  defray  the  Charges  arising  thereon. 

Whereas  his  Honour  the  Governor  liath  laid  before  this 
Assembly  a  letter  lately  received  from  the  Right  Hon^''*' 
William  Pitt,  one  of  his  Majesty's  principal  Secretaries  of 
State,  dated  the  7th  day  of  January  last,*  signifying  the  King's 
pleasure  respecting  the  operations  of  the  ensuing  campaign 
against  his  enemies  and  the  great  encouragements  given  to  in- 
duce the  Colonies  to  co-operate  with  and  second  to  the  ut- 
most the  large  expence  and  extraordinary  succours  supplied 
by  Great  Britain  for  the  preservation  and  future  security  of 
his  Majesty's  subjects  in  North  America  l)y  compleating  the  re- 
duction of  all  Canada,  and  hath  recommended  the  several 
matters  contained  in  said  letter  to  the  speedy  consideration  of 
this  Assembly :  And  whereas,  altlio'  the  strength  and  treas- 
ure of  this  Colony  is  much  weakened  and  exhausted  by  the 
many  expensive  campaigns  in  years  ])ast,  wherein  this  gov- 
ernment has  borne  so  large  a  proportion,  yet,  considering  the 
importance  of  continuing  and  compleating  the  services  so  suc- 
cessfully begun,  the  ])romising  prospect  of  rendering  his 
Majesty  entire  master  of  all  Canada,  and  the  great  encourage- 
ments given  for  a  proper  compensation  to  be  made  by  the 
Parliament  for  these  services  : 

This  Anseynbly^  firmly  relying  on  the  royal  assurance  for  a 
reimbursement,  and  zealous  to  promote  to  the  utmost  these  im- 
portant designs,  doth  e7iaet  and  resolve,  and  it  is  hereby  en- 
acted and  resolved,  That  all  necessary  provisions  be  made 
for  levying,  cloathing  and  paying  five  thousand  able-bodied 
effective  men,  officers  included,  to  be  raised  by 'enlistments 
with  all  possible  dispatch  within  this  Colony,  to  proceed  and 
co-o|»erate  with  a  body  of  the  King's  British  forces,  and  under 
[247]  the  supreme  command  of  his  ||  Majesty's  Commander- 
in-Chief  in  America  against  Canada,  in  order  to  reduce  Mont- 
real and  all  other  posts  belonging  to  the  French  in  those 
parts,  and  further  to  annoy  the  enemy  in  such  manner  as  his 
Majesty's  Commander-in-Chief  shall  judge  practicable.  That 
the  said  live  thousand  men  to  be  raised  as  aforesajd  shall  be 
divided  and  formed,  and  the  same  are  hereby  ordered  to  be 
formed,  into  four  regiments,  each  regiment  to  consist  of 
twelve  companies,  and  that  for  each  regiment  be  appointed 
one  colonel,  one  lieutenant-colonel,  one  major,  a  chaplain,  a 
surgeon,  a  surgeon's  mate,  an  adjutant,  a  quartermaster,  an 
armourer,  a  sergant-major,  and  a  drum-major,  and  for  each 

*  Printed  in  New  York  Colonial  Documents,  VII,  420.     R.  I.    Colonial  Records, 
VI,  234. 


350  PUBLIC   RECORDS  [March, 

company  a  captain,  two  lieutenants,  an  ensign,  four  sergeants, 
four  corporals,  a  drummer,  and  a  clerk,  and  that  each  of  the 
field  officers  have  the  command  of  a  com})any  as  captain 
thereof.  And  the  Governor  or  Commander-in-Chief  is  de- 
sired as  soon  as  may  lie  to  give  orders  to  the  several  enlisting 
officers  to  raise  by  enlistments,  with  the  utmost  dispatch,  the 
levies  for  filling  up  and  com[)leating  the  respective  regiments 
and  companies  for  the  jmrpose  aforesaid. 

And,  to  induce  both  officers  and  men  chearfully  mid  volun- 
tarily to  engage  and  enlist  into  this  serince,  this  Assemhly  doth 
resolve  and  grant.  That  each  enlisting  officer  shall  receive 
for  every  able-bodied  man  by  him  enlisted  and  that  shall  pass 
muster  the  sum  of  five  shillings  as  a  reward  for  that  service 
and  expence  therein,  and  that  every  able-bodied  man,  as  well 
a  uon-commission  officer  as  soldier,  that  hath  been  in  the 
forces  in  either  of  the  former  campaigns  during  the  present 
war,  who  shall  voluntarily  enlist  for  this  service  in  either  of 
the  regiments  aforesaid  and  shall  provide  himself  with  suit- 
able cloaths,  a  powder-horn  and  shot-bag  to  the  acceptance  of 
the  nuister-master,  shall  on  his  being  mustered  be  en- 
tituled  to  receive  full  wages  and  pay  at  the  respective  rates 
given  to  such  non-commission  officer  or  soldier  in  the  pay  of 
this  Colony  last  year,  to  be  computed  from  the  fifteenth  day 
of  December  last  inclusive,  (that  being  about  the  end  of  last 
campaign,)  until  the  fourth  day  of  Ai)ril  next  inclusive  ;  and 
every  other  able-bodied  man  who  shall  voluntarily  enlist  into 
this  service  and  who  shall  furnish  himself  with  cloathing  <fec. 
as  aforesaid  shall  on  his  being  mustered  be  intituled  to  re- 
ceive towards  cloathing  himself  and  for  a  bounty  the  sum  of 
four  pounds ;  and  each  man  enlisting  on  either  of  the  said 
encouragements  shall  be  paid  a  further  bounty  of  thirty-five 
shillings  for  the  purpose  of  procuring  him  a  lapclled  coat  for 
said  service.  And  in  case  any  one  do  not  ]iroi)erly  furnish 
himself  with  the  particulars  aforesaid,  his  cai)tain  is  hereby 
directed  to  supjily  him  therewith  out  of  the  said  wages  and 
bounties  and  then  to  pay  him  the  remainder,  if  any  be.  And 
both  officers  and  soldiers  shall  as  a  further  encouragement 
each  of  th5m  receive  a  blauket  and  knapsack  suitable  for  the 
service,  to  be  delivered  in  i\\Q  most  convenient  place  or  places, 
and  shall  receive  one  month's  pay  before  their  march  out  of 
the  Colony. 

Ayid  he  it  further  resolved  and  enacted,  That  the  wages 
of  both  officers  and  soldiers  shall  be  the  same  as  was  stated 
and  fixed  for  the  last  cam})aign  for  the  ranks  (hey  shall  re- 
spectively sustain  in  the  ensuing  cam])aign  :  sucii  wages  to 
begin  on  the  day  of  their  engaging  or  enlisting  in  the  service 


1760.]  OF    CONNECTICUT.  351 

and  to  continue  during  their  continuance  therein.  And  that 
they  shall  be  discharged  from  the  same  as  soon  as  the  cam- 
paign is  ended.  And  his  Honor  the  (xovernor  is  desired  to 
issue  his  {proclamation  for  acquainting  them  with  the  several 
encouragements  given  for  inducing  men  to  engage  and  enter 
into  this  important  service  for  their  King  and  country. 

And  whereas  large  sums  of  money  will  be  necessary  for  the 
purposes  aforesaid,  and  the  public  treasury  at  present  wholly 
exhausted  by  means  of  the  great  charges  occasioned  in  the 
several  campaigns :  Therefore, 

[248]  Be  it  further  enacted,  That  there  be  forthwith  imprinted 
the  sum  of  seventy  thousand  pounds  in  ])ills  of  credit  on  tliis 
government  equal  to  lawful  money,  of  suitable  denominations 
from  nine  pence  to  forty  shillings,  as  the  committee  herein 
appointed  shall  direct,  and  of  the  same  tenor  of  the  late  emis- 
sions of  bills  of  credit  of  this  Colony,  with  interest  at  five  per 
cent,  'per  annum  and  })ayable  at  or  before  the  first  day  of 
March  1765,  dated  the  day  of  the  sessions  of  this  Assembly. 
And  the  Hon^ie  William  Pitkin,  Esq%  John  Chester,  George 
Wyllys  and  Joseph  Buckingham,  Esq",  or  any  three  of  them, 
are  a})pointQd  a  committee  for  the  pur])ose  aforesaid  and  to 
take  care  that  said  bills  be  printed  with  all  convenient  speed, 
and  to  sign  and  deliver  the  same  to  the  Treasurer,  taking  his 
receii)t  therefor.  And  the  said  committee  shall  l^e  sworn  to 
a  faithful  discharge  of  their  said  trust.  And  the  Treasurer  is 
hereby  directed  to  pay  out  all  the  aforesaid  l)ills  of  credit  with 
the  interest  computed  thereon  according  to  the  orders  of  this 
Assembly. 

And  for  providing  and  establishing  an  ample  and  sufficient 
fund  to  call  in,  sink  and  discharge  the  aforesaid  sum  of 
seventy  thousand  pounds,  according  to  an  act  of  Parliament 
made  in  the  24th  year  of  his  present  Majesty's  reign,  enti- 
tuled  An  act  to  regulate  and  restrain  paper  bills  of  credit  in 
his  Majesty's  Colonies  of  Rhode  Island  and  Providence  Plan- 
tations, Connecticut,  the  Massachusets  Bay,  and  New  Hamp- 
shire, in  America,  and  to  prevent  the  same  being  legal  tenders 
in  payment  of  money, 

Be  it  enacted,  That  a  tax  of  six  pence  on  the  pound  be 
and  is  hereby  granted  and  ordered  to  be  levied  on  all  the  ])olls 
and  rateable  estate  in  this  Colony  according  to  the  list  there- 
of to  be  brought  into  this  Assembly  in  October  1760,  with  the 
additions  ;  which  shall  be  collected  and  paid  into  the  treasury 
of  this  Colony  by  the  last  day  of  December  1761  ;  which  tax 
may  be  discharged  by  i>aying  the  l>ills  emitted  by  this  act  or 
lawful  money,  and  no  otherwise.  And  also,  that  one  other 
tax  of  nine  pence  on  the  pound  be  and  is  hereby  granted  and 


352  PUBLIC    RECORDS  [Mai'ch, 

ordered  to  be  levied  on  all  the  polls  and  rateable  estate  in  this 
Colony  according  to  the  list  thereof  to  be  brought  in  to  this 
Assembly  in  October  1763,  with  the  additions  ;  which  shall  be 
collected  and  paid  into  the  treasury  of  this  Colony  by  the  last 
day  of  December  1764  ;  which  tax  may  be  discharged  by  pay- 
ing the  bills  emitted  by  this  act  or  lawful  money,  and  no 
otherwise.  And  the  Treasurer  of  this  Colony  is  hereby  di- 
rected and  ordered  to  send  forth  his  warrants  for  collecting 
the  two  aforesaid  taxes  accordingly. 

And  whereas  this  Assembly  humbly  rely  on  reimbursement 
for  charges  arising  from  this  present  intended  expedition,  in 
consequence  of  his  Majesty's  royal  encouragement  to  recom- 
mend the  same  to  Parliament,  and  the  money  therefor  may 
be  expected  before  the  time  appointed  for  collecting  the  taxes 
aforementioned :  Therefore, 

Be  it  enacted  hi/  tlie  authority  aforesaid^  That  in  case  a 
sum  sufficient  for  sinking  and  discharging  the  bills  emitted 
by  this  act  shall  be  reimburst  on  account  of  the  present  in- 
tended expedition  and  shall  arrive  from  Great  Britain  and  be 
lodged  in  the  hands  of  the  Treasurer  of  this  Colony  season- 
able to  prevent  the  warrants  going  forth  to  collect  either  or 
both  said  taxes,  the  same  shall  be  and  is  hereby  appropriated 
for  sinking  and  discharging  the  bills  aforesaid,  and  the 
Treasurer  is  hereby  directed  to  pay  out  the  same  accordingly ; 
and  then  the  tax  or  taxes  which  otherwise  by  this  act  are 
hereinbefore  ordered  to  go  forth  are  hereby  made  null  and 
void. 

And  whereas  a  further  supply  of  the  treasury  is  necessary 
to  be  made,  in  order  to  pay  the  men  raised  on  the  present  oc- 
casion upon  their  return  :  Therefore,  this  Assembly  grants 
and  orders  a  rate  or  tax  of  ten  pence  on  the  pound  on  all  the 
polls  and  rateable  estate  in  this  Colony  according  to  the  list 
brought  in  to  this  Assembly  in  October  last  with  the  additions, 
to  be  collected  and  paid  by  the  last  day  of  December  next  in 
lawful  money  or  bills  of  credit  of  this  Colony ;  and  the 
Treasurer  is  hereby  directed  to  send  forth  his  warrants  ac- 
cordingly. 

[249]  And  it  is  further  resolved  and  ordered,  That  when- 
ever any  pay-master  of  the  money  due  on  settlement  of  any 
pay-roll  of  any  of  the  companies  imployed  in  the  service  of  the 
ensuing  campaign  having  obtained  order  on  the  Treasurer 
therefor  and  tlie  same  exhibited  for  payment,  the  Treasurer 
may  on  sight  make  out  orders  on  the  constables,  collectors  of 
the  public  tax  in  such  town  or  towns  whence  the  soldiers  named 
in  such  roll  were  collected,  or  that  may  be  most  convenient  to 
facilitate  the   j)ayment,  ]>ayable  to  such  pay-master  or   his 


1760.]  OF    CONNECTICUT.  353 

order  in  such  town  or  towns  to  the  amount  of"  such  pay-roll 
or  such  part  thereof  as  shall  be  needful,  which  orders  such 
collectors  are  directed  to  answer  in  such  manner  as  may  be 
most  practicable  and  satisfactory.  And  the  Treasurer  is  also 
directed  to  keep  clear  accounts  oF  all  such  orders  and  see  that 
each  constable,  either  by  money  or  return  of  such  orders  duly 
discharged,  seasonably  settle  and  make  up  his  account  with 
him  according  to  law. 

This  Assembly  do  appoivit  Phineas  Lyman,  Esq'',  Major- 
General  of  the  forces  raised  in  this  Colony,  Colonel  of  the 
first  regiment,  and  Captain,  John  Ellsworth  Ca| (tain-Lieuten- 
ant, Ebenezer  Fitch  Bissell  Lieutenant,  Roger  Enos  Ensign, 
of  the  1st  company. 

Nathan  Payson  Lieutenant-Colonel  and  Captain,  Timothy 
Seymour  1st  Lieutenant,  Jonathan  Gillet  2d  Lieutenant, 
James  Pitkin  Ensign,  of  the  2d  company. 

John  Slapp  Major,  and  Captain,  Josiah  Hmith  1st  Lieuten- 
ant, John  Phelps  2d  Lieutenant,  Thomas  Knowlton  Ensign, 
of  the  3d  company. 

John  Patterson  Cai)tain,  Judah  Woodruff  1st  Lieutenant, 
Shubael  Griswold  2d  Lieutenant,  David  Andruss  Ensign,  of 
the  4th  company. 

Eliphalet  Whittlesey  Captain,  8eth  King  1st  Lieutenant, 
Josiah  Goodrich  2d  Lieutenant,  Stephen  Winchel  Ensign,  of 
the  5tli  company. 

Aaron  Hitchcock  Captain,  John  Charlton  1st  Lieutenant, 
Jonathan  Birge  2d  Lieutenant,  Samuel  Huntington  Ensign,  of 
the  6th  company. 

Samuel  Gaylord  Captain,  John  Sumner  1st  Lieutenant,* 
^Samuel  Gridley  2d  Lieutenant,  Francis  Hollister  Ensign, of  the 
17th  company.! 

Timothy  Hierlihey  Captain,  Christopher  Hamlin  1st  Lieu- 
tenant, Jonathan  Johnson  2d  Lieutenant,  Stephen  White  En- 
sign, of  the  8tli  company. 

[250]  David  Parsons  Captain,  Nathaniel  Terry  1st  Lieuten- 
ant, Amory  Pease  2d  Lieutenant,  Jonathan  Pinny  Ensign,  of 
the  yth  company. 

Noah  Humphrey  Captain,  Hezekiah  Humphrey  1st  Lieuten- 
ant, Silas  Holcomb  2d  Lieutenant,  Elihu  Humphry  Ensign, 
of  the  10th  company. 

*  He  seems  to  have  served  as  captain  of  a  company  in  which  Ephraim  Wells, 
was  Ensign.    War,  IX,  74,  81. 

t  Of  tliis  company  Daniel  Sizer  was  1st  Lieut.,  Stephen  Scovel  2d  Lieut., 
Alexander  Chalker' ensign.      War,  IX,  47,  77. 

45 


354  PUBLIC   RECORDS  [March, 

Edward  Barnard  Captain,*  Giles  Wolcott  1st  Lieutenant, 
Ebenezer  Belknap  2d  Lieutenant,  Hezekiah  Wills  Ensign,  of 
the  11th  company. 

David  Hubbard  jun""  Captain,|  Gideon  Goodrich  1st  Lieuten- 
ant, Abner  Prior  2d  Lieutenant,  Roger  Riley  Ensign,  of  the 
12th  company  in  said  first  regiment. 

Nathan  Whiting  Colonel  of  the  second  regiment,  and  Cap- 
tain, Jabez  Thompson  Captain-Lieutenant,  Edward  Rogers 
Lieutenant,  Ebenezer  Trusdell  Ensign,  of  the  1st  com- 
pany. 

Joseph  Spencer  Lieutenant-Colonel,  and  Captain,  Levi 
Wells  1st  Lieutenant,  Timothy  Percival  2d  Lieutenant,  James 
Sparrow  Ensign,  of  the  2d  company. 

David  Baldwin  Major,  and  Captain,  Abraham  Foot  1st 
Lieutenant,  Peter  Perrit  jun""  2d  Lieutenant,  Andrew  Bald- 
win jun'  Ensign,  of  the  3d  company. 

Benjamin  Ruggles  Captain,  Hezekiah  Baldwin  1st  Lieuten- 
ant, Nathan  Tibballs  2d  Lieutenant,  Isaac  Morss  Ensign,  of 
the  4th  company. 

Andrew  Ward  jun""  Captain,  J  Abraham  Tyler  jun""  1st 
Lieutenant,  Enos  Bishop  2d  Lieutenant,  Abner  Hill  Ensign, 
of  the  5th  company. 

[251]  Amos  Hitchcock  Captain,  James  Arnold  1st  Lieu- 
tenant, Abner  Curtis  2d  Lieutenant,  Samuel  Adams  Ensign, 
of  the  6th  company. 

Eldad  Lewis  Captain,  Josiah  Stow  1st  Lieutenant,  Samuel 
Judd  jun""  2d  Lieutenant,  Ebenezer  Curtis  Ensign,  of  the  7th 
company. 

Ichabod  Phelps  Captain,  Benjamin  Carter  1st  Lieutenant, 
Samuel  Jones  2d  Lieutenant,  Thomas  Sumner  Ensign,  of  the 
8th  company. 

Azel  Pitch  Captain,  David  Woodward  1st  Lieutenant, 
Daniel  Moulton  'Zd  Lieutenant,  §  Dan  Hide  Ensign,  of  the 
9th  company. 

Peleg  Redfield  Ca})tain,  Daniel  Griswold  1st  Lieutenant,  || 
Abraham  Towner  2d  Jjieutenant,  Jonas  Wilde  Ensign,  of  the 
10th  company. 

Joel  Clark  Captain,  Benjamin  Colver  1st  Lieutenant,  Tim- 

*  Jolin  Ellsworth  probably  commauded  this  company.  He  was  also  quarter- 
master of  the  regiment.      Wa?-,  IX,  5,  80. 

t  On  the  death  of  Capt.  Hubbard  Seth  King  was  appointed  in  his  place.  War, 
IX,  48.     King  was  adjutant  of  the  Lst  Regt.  from  March  24  to  Nov.  25.  id  75. 

I  lchal)od  Scran  ton  coramanded  tliis  company.      War,  IX,  46. 
§  He  was  ([uarter  uiiistcr  of  the  regiment.      Wnr,  IX,  72. 

II  John  Crane  was  1st  Lieut.,  and  Eliphalet  Wells  ensign  of  this  company. 
War,  IX,  49. 


1760.]  OF    CONNECTICUT.  355 

othy  Hotchkiss  2d  Lieutenant,  Stephen  Merwin  Ensign,  of  the 
11th  company. 

Thomas  Pierce  Captain,  Israel  Harding  1st  Lieutenant, 
Edward  Shipman  2d  Lieutenant,  Ebenezer  Belding  Ensign, 
of  the  12th  company  in  said  second  regiment. 

David  Wooster  Colonel  of  the  third  regiment,  and  Captain, 
'  Samuel  Clark  junf  Captain-Lieutenant,  JPeter  Wooster  Lieu- 
tenant, Edward  Wooster  Ensign,  of  the  1st  company. 

James  Smedly  Lieutenant-Colonel,  and  Captain,  Ebenezer 
Couch  jun""  1st  Lieuteuant,  Peter  Pairchild  2d  Lieutenant, 
Stephen  Thorp  Ensign,  of  the  2d  company. 

David  Waterbury  jun'  Major,  and  Captain,  Josiah  Stebbins 
1st  Lieutenant,  Nathan  Ferris  jun""  2d  Lieutenant,  Moses 
Smith  jun''  Ensign,  of  the  3d  company. 

[252]  Samuel  Whiting  Captain,  Jabez  Hall  1st  Lieutenant, 
Solomon  Morehouse  2d  Lieutenant,  Charles  Patterson  Ensign, 
of  the  4th  company. 

Thomas  Hobby  Captain,  Timothy  Lockwood  1st  Lieuten- 
ant, James  Mead  2d  Lieutenant,  Joseph  Mead  Ensign,  of  the 
5th  company. 

Gideon  Tomlinson  Captain,  Abel  Prindle  1st  Lieutenant, 
Elijah  Beach  2d  Lieutenant,  Benjamin  Sommers  Ensign,  of 
the  6th  company. 

Samuel  Hubbel  Captain,  Noble  Benedict  1st  Lieutenant, 
Lemuel  Benedict  2d  Lieutenant,  Caleb  Church  Ensign,  of  the 
7th  company. 

Samuel  Elmor  Captain,  Heman  Swift  1st  Lieutenant,  Isaac 
Peck  2d  Lieutenant,  Nathaniel  Buel  Ensign,  of  the  8th  com- 
pany. 

Archibald  McNeal  Captain,  Stephen  Smith  1st  Lieutenant, 
Ashbel  Humphrys  2d  Lieutenant,  Jeremiah  How  jun'"  Ensign, 
of  the  9th  company. 

Thaddeus  Mead  Captain,  Joseph  Hoit  1st  Lieutenant,  Levi 
Taylor  2d  Lieutenant,  Eliphalet  Kellogg  Ensign,  of  the  10th 
company. 

Tarbal  Whitney  Captain,  Daniel  Park  1st  Lieutenant,  Eb- 
enezer Dibble  2d  Lieutenant, Noah  Stevens  Ensign,  of  the  11th 
company.  "-— ' 

Gideon  Stoddard  Captain,*  Nathaniel  Tuttle  1st  Lieuten- 
ant, Joel  Munson  jun''  2d  Lieutenant,  Increase  Moseley  jun"" 
Ensign,  of  the  12th  company  in  said  3d  regiment. 

Eleazer  Pitch  Colonel  of  the  fourth  regiment,  and  Captain, 

*  Phinehas  Castle  served  as  captain  of  this  company.      War,  IX,  37. 


356  PUBLIC  RECORDS  [Marcli, 

Robert  Durkee  Captain-Lieutenant,  Patrick  Walsh  Lieuten- 
ant,* Daniel  Rust  Ensign,  of  the  1st  company. 

[253]  Israel  Putnam  Lieutenant-Colonel,  and  Captain, 
John  Spaulding  1st  Lieutenant,  Jacob  ^Spaulding  2d  Lieuten- 
ant, Josiah  Morss  Ensign,  of  the  2d  company. 

John  Durkee  Major,  and  Captain,  Solomon  Andrews  1st 
Lieutenant,  Ezekiel  Waterman  2d  Lieutenant,  John  Griswold 
Ensign,  of  the  3d  company. 

Simon  Smith  Captain,  James  Chapman  junr  1st  Lieutenant, 
Christopher  Darrow  jun''  2d  Lieutenant,  Lsaac  Thompson  jun'" 
Ensign,  of  the  4th  com]mny. 

John  Stanton  Captain,  William  Roe  Minor  1st  Lieutenant, 
Robert  Niles  2d  Lieutenant,  John  Stedman  juw  Ensign,  of  the 
5th  company. 

David  Holmes  Captain,  Peter  Leavens  1st  Lieutenant,  Jona- 
than Child  2d  Lieutenant,  Nathaniel  Ormsby  Ensign,  of  the 
6th  company. 

John  Tyler  Captain,  Moses  Park  1st  Lieutenant,  Charles 
Avery  2d  Lieutenant,  James  Brown  Ensign,  of  the  7th  com- 
pany. 

John  Wheatly  Captain,  Samuel  Gifford  1st  Lieutenant, 
Jehiel  Peck  2d  Lieutenant,  Elijah  Huntington  Ensign,  of  the 
8th  company. 

George  Creary  Captain,  James  McGunnigil  jun""  1st  Lieu- 
tenant, Mark  Ames  2d  Lieutenant,  Eleazer  Bateman  Ensign, 
of  the  9th  company. 

Zebulon  Butler  Captain,  Fithen  Sill  1st  Lieutenant,  John 
Harris  2d  Lieutenant,  Zechariah  Marvin  jun""  Ensign,  of  the 
10th  company. 

[254]  Christopher  Palmer  Captain,  Joseph  Farnum  1st 
Lieutenant,  Samuel  Prentice  jun''  2d  Lieutenant,  William 
Dennison  jun""  Ensign,  of  the  11th  company. 

Nehemiah  Eastbrooks  Captain,f  Joshua  Burges  1st  Lieuten- 
ant, John  Ordaway  2d  Lieutenant,  Peleg  Heath  Ensign,  of 
the  12th  company  in  said  4th  regiment,  in  the  forces  now 
ordered  to  be  raised  for  the  service  of  the  ensuing  campaign, 
and  desire  they  may  be  commissioned  accordingly.  And  in 
case  any  of  the  above  named  persons  shall  refuse,  his  Honor 
the  Governor  is  hereby  desired  to  supply  such  vacancy  and 
give  commissions  accordingly. 

This  Assembly  do  appoint  the  Rev^  Mr.  George  Beckwith 
of  Lyme  Chaplain  of  the  1st  regiment,  the  Rev^  Mr.  Mark 
Levingsworth  of  Waterbury  Chaplain  of  the  2d  regiment,  the 
Rev<i  Mr.  James  Beebe  of  Stratford  Chaplain  of  the  3d  regi- 

.  -       ,-i        - ,  .— —       ■  I  III  -■-...-.  ..■_..,..■■  I  ^ — 

*  He  was  adjutant  of  the  rej^iment.  War,  IX,  70. 

t  Robert  Durkee  served  as  captain  of  this  company.      War,  IX,  43. 


1760.]  OF    CONNECTICUT.  357 

ment,*  the  Rev^  Mr.  Benjamin  Pomroy  of  Hebron  Chaplain  of 
the  4feh  regiment,  ordered  by  this  Assembly  to  be  raised  for 
the  ensuing  expedition. 

This  Assembly  do  appoint  Elisha  Lord  of  Norwich  Direc- 
tor of  the  Hospital  Stores  and  Surgeon,  Samuel  How  f  of 
Mansfield  Surgeon's  mate  in  the  1st  regiment ;  Daniel  Dwight 
of  Enfield  Surgeon,  Nathaniel  Fitch  of  Norwich  Surgeon's 
Mate  in  the  2d  regiment ;  Benjamin  Pomroy  jun^  J  of  Hebron 
Surgeon,  Gershom  Dorrance  of  Voluntown  Surgeon's  Mate  in 
the  3d  regiment;  David  Adams  of  Canterbury  Surgeon,  Philip 
Turner  of  Norwich  Surgeon's  Mate,  in  the  4th  regiment 
ordered  to  be  raised  in  this  Colony  for  the  ensuing  cam- 
paign. 

This  Assembly  appoints  Hezekiah  Huntington,  Jabez  Ham- 
lin, John  Hubbard  and  Theophilus  Nichols,  Esq",  Commis- 
saries to  make  provision  for  and  furnish  the  troops  ordered 
by  this  Assembly  to  be  raised  in  this  Colony  with  such 
articles  as  are  to  be  provided  by  this  Colony  for  said  troops 
according  to  the  resolves  and  orders  of  this  Assembly  and  the 
directions  of  his  Honour  the  Governor  where  no  special  orders 
are  made,  and  to  provide  officers  tents  in  the  same  manner 
as  was  directed  last  campaign.  And  the  said  commissaries 
are  directed  and  fully  impowered,  to  collect  as  soon  as  may 
be  and  put  in  good  order  all  the  arms  and  accoutrements  be- 
longing to  his  Majesty  that  can  be  found  in  this  Colony,  and 
deliver  the  same  when  fit  for  service  to  the  chief  officer  of 
some  company  or  companies  in  said  troops,  to  be  used  in  the 
ejisuing  campaign,  and  taking  proper  receipts  therefor  to 
lodge  them  with  the  Committee  of  the  Pay-Table. 

This  Assembly  do  appoint  and  fully  impower  Mr.  John 
Law  of  Milford  (as  soon  as  may  be)  to  receive  into  his  care 
and  custody  all  the  cloathing  and  other  stores  belonging  to 
this  Colony  that  have  been  provided  for  the  use  of  the  troops 
of  this  Colony  and  are  lodged  in  store  at  Albany,  Fort  Ed- 
ward, Ticonderoga,  or  elsewhere,  and  sell  and  dispose  of  the 
same  to  the  best  advantage  of  this  Colony,  either  to  the 
soldiers  that  shall  go  into  the  ensuing  campaign,  in  part  pay 
of  their  wages,  or  to  any  other  person  or  persons  for  money 
or  good  security,  and  render  his  account  to  this  Assembly  at 
their  sessions  in  May  or  October  next. 

[255]  The  Governor  and  Company  of  his  Majesty's  English 

*Rev.  John  Norton  served  as  chaplain  of  this  regiment.      War,  IX,  54. 
t  He  died  in  service  and  was  succeeded  by  John  Andrews.      War,  IX,  65,  67. 
t  Gideon   Welles  served  as  surgeon  and  director  of  hospital  probably  in  this 
regiment,  and  Pomroy  served  as  surgeon  in  the  4th  regiment.  War,lX,  57,62,  66. 


358  PUBLIC   RECORDS  [March, 

Colony  of  Connecticut  in  New  England  in  America,  in  Gen- 
eral Court  assembled,  do  nominate,  constitute  and  appoint 
Richard  Jackson  of  London,  Esq*",  to  be  Agent  or  Attorney 
for  the  said  Governor  and  Com])any,  to  appear  for  and  re- 
present them  before  the  King's  Most  Excellent  Majesty,  any 
of  his  courts,  ministers  of  state  or  boards  of  audience  in  Great 
Britain,  in  all  matters  and  affairs  wherein  the  said  Governor 
and  Company  are  or  may  be  interested  and  concerned,  or 
which  they  may  or  shall  commit  to  him  to  be  managed  and 
transacted  there.  And  tins  Assembly  do  order  and  enact, 
that  a  proper  instrument  of  procuration  or  letter  of  attorney 
be  made  out  under  the  public  seal  of  this  Colony  to  the  said 
Richard  Jackson,  Escf ,  and  signed  by  his  Honour  the  Gov- 
ernor and  the  Secretary,  in  the  name  and  behalf  of  the  said 
Governor  and  Company. 

Whereas  this  Assembly  have  nominated  and  appointed 
Richard  Jackson  of  London,  Esq"",  to  be  Agent  for  this  Colony, 
and  Mr.  Agent  Ingersoll  is  instructed  to  desire  his  acceptance 
&c.  and  it  may  be  convenient  to  know  on  his  return  what  Mr. 
Jackson  may  expect  for  salary,  receiving  money,  and  ex- 
pences  <fec.:  Therefore  his  Honour  the  Governor  is  desired 
in  his  writing  to  Mr.  Ingersole  to  direct  him  to  introduce  dis- 
course with  Mr.  Jackson  on  the  aforementioned  subjects  and 
know  his  thoughts  and  expectations  thereon,  that  so  this  As- 
sembly may  be  informed  thereof  on  Mr.  Ingersoll's  return. 

Resolved  hy  this  Assembly,  That  his  Honour  the  Governor 
be  desired  to  make  proper  application  that  a  Judge  of  Admi- 
rality  be  appointed  within  and  for  this  Colony. 

Whereas  his  Honour  the  Governor  was  desired  and  im- 
powered  by  this  Assembly  in  October  last  to  draw  bills  of  ex- 
change on  Jared  Ingersole,  Esq"",  (the  then  sole  Agent  of  this 
Colony  at  the  court  of  Great  Britain,)  in  favour  of  any  pur- 
chaser or  purchasers  of  such  bills  for  the  sum  of  twenty-two 
thousand  pounds  of  the  money  that  should  be  left  in  his  hands 
out  of  the  sum  granted  by  Parliament  as  a  compensation  to 
this  Colony,  and  it  being  uncertain  whether  the  said  money 
may  be  all  drawn  before  Mr.  Ingersoll's  return  home,  his 
Honour  the  Governor  is  now  desired  and  impowered  to  draw 
said  bills  on  the  present  Agents,  (joyntly,)  or  on  either  of 
them  separately,  as  he  may  judge  most  proper  and  convenient 
at  the  time  of  drawing  such  bills. 

An  Act  in  further  Addition  to  the  Law  entituled  An  Act  providing  in  Case 

of  Sickness. 

Whereas,  notwithstanding  the  provision  made  in  said  act 
for  preventing  the  spreading  of  the  small-pox  or  other  infec- 
tious or  contagious  disease  and  for  the  preservation  of  the  in- 


1760.]  OF    CONNECTICUT.  359 

habitants  from  such  infections,  divers  persons  have  presumed 
to  go  into  the  practice  of  being  inoculated  in  order  to  receive 
the  small-pox  and  have  invited  others  to  l)ring-  the  infection 
into  several  towns  for  that  purpose,  and  in  some  instances 
have  carried  on  that  practice  without  the  leave  of,  and  even 
in  opposition  to,  the  minds  of  the  selectmen  of  the  town,  to 
the  great  terror  of  the  inhal)itants  and  disturbance  of  the 
peace :  And  whereas  such  practice  being  continued,  unless 
under  proper  and  due  order  and  regulation,  may  create  great 
disorders  and  disquietudes,  much  endanger  the  people,  and 
frustrate  the  good  end  of  the  law  aforesaid  made  for  their 
preservation  in  those  respects. 

Be  it  therefore  enacted  hy  the  Grovernor,  Council  and  Repre- 
sentatives, in  General  Court  assembled,  and  hy  the  authority 
[256]  II  of  the  same.  That  no  person  shall  hereafter  within 
the  limits  of  any  town  in  this  Colony,  either  directly  or  indi- 
rectly, give  or  communicate  the  infection  of  the  small-pox 
either  to  themselves  or  to  any  other  person  or  persons,  by 
way  of  inoculation  or  in  any  such  like  method,  without  first 
obtaining  a  certificate  from  the  major  part  of  the  civil  au- 
thority and  of  the  selectmen  in  such  town,  approving  of  and 
permitting  him  to  perform  said  service  ;  nor  shall  any  person 
take  or  receive  such  infection  in  manner  aforesaid  without 
liberty  and  permission  of  the  said  authority  and  selectmen  as 
aforesaid,  nor  shall  any  be  aiding  or  assisting  therein  without 
such  liberty  first  obtained  as  aforesaid. 

That  in  case  the  civil  authority  and  selectmen  in  any  town 
shall  judge  it  expedient  to  grant  liberty  and  permission  as 
aforesaid,  they  are  hereby  directed  and  required  to  assign  the 
place,  house  or  houses  where  it  shall  be  carried  on  and  the  in- 
fected persons  shall  be  kept,  and  shall  also  appoint  or  ap- 
prove of  the  nurses  or  tenders  imployed,  give  orders  respect- 
ing the  time,  the  persons  infected,  their  nurses  and  tenders 
shall  continue  in  the  place  or  places  appointed,  and  also  re- 
specting their  cleansing  and  coming  out,  and  such  other 
orders  and  directions  as  shall  be  judged  most  expedient  for 
preserving  the  inhabitants  from  taknig  the  infection  from  the 
persons  concerned  or  from  any  of  them ;  for  which  service  a 
meet  recompence  shall  be  paid  by  those  concerned,  or  some 
of  them,  to  the  said  authority  and  selectmen.  That  in  case 
any  person  shall  presume  contrary  to  this  act  to  set  up  inocu- 
lation, or  shall  directly  or  indirectly  give  or  communicate 
said  infection  in  manner  aforesaid,  or  transgress  the  rules  and 
orders  to  be  given  as  aforesaid,  he  shall  for  every  such 
offence  forfeit  and  pay  to  the  Treasurer  of  this  Colony  the 
sum  of  fifty  pounds ;  and  every  person  who  shall  voluntarily 


360  PUBLIC   RECORDS  [March, 

receive  said  infection  as  aforesaid,  contrary  to  the  true  in- 
tent and  meaning  of  this  act,  shall  forfeit  and  pay  the  sum  of 
twenty  pounds,  and  also  for  the  transgression  of  any  rules  or 
orders  made  as  aforesaid,  in  pursuance  of  this  act,  shall  for- 
feit the  sum  of  eight  pounds ;  wliich  penalties  of  twenty 
pounds  and  eight  pounds  shall  be  to  the  treasurer  of  the  town 
where  the  offence  is  committed,  for  the  use  of  such  town. 

Provided^  nevertheless,  That  all  such  persons  and  all  others 
shall  be  subjected  to  and  under  the  regulations  of  the  law 
aforesaid,  entituled  An  Act  providing  in  case  of  sickness,  in 
every  case  wherein  other  or  different  provision  is  not  herein 
made  concerning  the  same,  as  fully  as  before  the  passing  this 
act. 

Provided  also,  That  nothing  in  this  act  shall  be  construed 
or  understood  to  excuse  or  exempt  any  person  or  persons 
whatsoever,  who  shall  wilfully  or  by  any  negligence  or  want 
of  proper  care  give  or  communicate  the  infection  of  the  small- 
pox to  any  other  person,  from  being  liable  to  answer  all  in- 
juries and  damages  thereby  received  which  the  party  receiv- 
ing the  same  may  and  shall  have  liberty  to  recover  in  law, 
anything  in  this  act  notwithstanding.  And  the  selectmen 
and  all  informing  officers  are  hereby  impowered  and  required 
to  inform  against  all  and  every  person  or  persons  who  shall 
transgress  this  act  or  any  rules  and  orders  made  in  |)ursuance 
thereof. 

This  act  to  continue  in  full  force  until  the  first  day  of 
June  next,  and  no  longer. 

Resolved  by  this  Assembly,  That  Joseph  Buckingham,  Esq"", 
be  appointed  in  the  room  of  Nathaniel  Stanly,  Esq"",  deceased, 
with  the  Secretary  of  this  Colony  for  the  time  being,  to  make 
and  execute  deeds  of  release,  acquittances  and  discharge  of 
the  government's  title  and  interest  in  any  lands  mortgaged 
for  the  government's  loan  of  bills  of  credit  or  money,  to  the 
mortgagors  or  their  heirs  or  legal  rciiresentatives,  upon  the 
proper  payment  of  the  mortgaged  monies  and  interest. 

[257]  Whereas  this  Assembly  at  their  session  in  May  last  did 
appoint  Jabez  Hamlin  and  Seth  Wetmore  of  Middleton,  Esq''% 
and  Mr.  William  Wells  of  Glasscnbury,  a  committee  to  view 
and  carefully  observe  the  road  from  Hartford  to  New  Haven 
and  find  out  how  and  wliere  the  same  may  be  mfide  better  and 
shorter  &c.  and  make  report  to  this  Assembly  at  their  session 
in  October  next  after  said  appointment,  and  said  committee 
by  reason  of  the  indisjiosition  of  one  of  them  not  liaving  per- 
formed said  service  :  This  Assembly  thcret'oro  do  appoint  the 
said  committee,  or  any  two  of  them,  to  perform  the  service 


1760.]  OF    CONNECTICUT.  361 

aforesaid,  according  to  the  resolve  of  Assembly  in  May  last, 
and  to  make  report  of  their  doings  to  the  General  Assembly 
in  May  next. 

This  Assembly  do  establish  Mr,  Zechariah  Horskins  to  be 
Captain  of  the  13th  company  or  trainband  in  the  2d  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Joseph  Osborn  to  be  En- 
sign of  the  ISth  company  or  trainband  in  the  2d  regiment  in 
this  Colony. 

This  Assembly  do  establish  Samuel  Dennison  to  be  Lieu- 
tenant of  the  10th  company  or  trainband  in  the  7th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Camaliel  Kelsey  to  be  Ensign 
of  the  10th  company  or  trainband  in  the  7th  regiment  in  this 
Colony. 

This  Assembly  do  establish  C-ideon  Hotchkiss  to  be  Captain 
of  the  company  or  trainband  in  the  1st  society  in  Water- 
bnry. 

This  Assembly  do  establish  Samuel  Lewis  to  be  Ensign  of 
the  Com))any  or  trainband  in  the  1st  society  in  Waterbury. 

This  Assembly  do  establish  Judah  Woodruff  to  be  Cap- 
tain of  the  2d  company  or  trainband  in  Farmington. 

This  Assembly  do  establish  Jehiel  Parmele  to  be  Lieutenant 
of  the  2d  company  or  trainband  in  Farmington. 

This  Assembly  do  establish  Joshua  Raymond  junf  to  be 
Lieutenant  of  the  3d  company  or  trainband  in  the  town  of 
New  London. 

This  Assembly  do  establish  Sherman  Dennison  to  be  En- 
sign of  the  3d  company  or  trainband  in  the  town  of  New 
FiOndon. 

Upon  the  memorial  of  William  Buckland,  administrator  on 
the  estate  of  William  Buckland  late  of  Hartford,  deceased, 
representing  to  this  Assembly  that  the  debts  due  from  said 
estate  surmount  the  moveables  the  sum  of  seventy-six  pounds 
seventeen  shillings  and  one  half-penny  ;  praying  for  liberty  to 
sell  so  muf  h  of  the  estate  of  said  deceased  as  to  procure  said 
sum  anfl  incident  charges:  Resolved  by  this  Assembly,  that 
the  memorialist  and  William  Pitkin  jun''  of  said  Hartford 
have  liberty,  and  they  are  impowered,  to  sell  so  much  of  said 
deceased's  estate  as  will  procure  said  sum  of  £76  17s.  O^d. 
lawful  money,  with  incident  charges  arising  on  said  sale; 
taking  the  directions  of  the  court  of  probate  in  the  district  of 
Hartford  therein. 

On  the  memorial  of  Elijah  Bill,  shewing  to  this  Assembly 
that  ho  being  a  soldier  beloiiging  to  this  Colony  in  the  cam- 

46 


362  PUBLIC   RECORDS  [March, 

paign  in  the  year  1758,  and  on  the  22d  of  October  in  said 
year  was  taken  by  a  party  of  Indians  and  carried  to  Canada, 
and  remained  in  captivity  until  sometime  in  October  last,  and 
that  he  lost  money  and  a  forty-shilling  bill  of  credit  of  this 
Colony,  destroyed  by  the  enemy  &c.,  praying  for  a  grant  out 
of  the  public  treasury  in  consideration  thereof:  This 
Assembly  grants  to  the  said  Elijah  Bill  the  sum  of  eight 
pounds  money  or  bills  of  credit,  and  the  Treasurer  is  hereby 
ordered  to  pay  the  same  accordingly. 

[258]  On  the  memorial  of  Catherine  Robinson,  of  New 
Haven  in  the  county  of  New  Haven,  administratrix  on  the 
estate  of  Benjamin  Robinson  late  of  said  New  Haven,. deceased, 
shewing  to  this  Assembly  that  the  debts  and  charge  exhibited 
and  allowed  against  the  estate  of  said  deceased,  including 
some  small  allowance  to  the  widow  for  provisions  &c.,  sur- 
mount the  whole  inventoried  moveable  estate  the  sum  of  <£7 
9s.  llld.  lawful  money,  and  praying  that  she  may  be  im- 
powered  to  sell  so  much  of  the  real  estate  of  the  said  deceased 
as  shall  make  said  sum  with  the  incident  charges,  as  per  me- 
morial: Resolved  by  this  Assembly,  that  the  said  Catherine 
Robinson  be  and  she  hereby  is  impowered,  to  sell  so  much  of 
the  real  estate  of  the  said  deceased  as  shall  make  said  sum  of 
X7  9s.  ll^d.  lawful  money  with  the  incident  charges;  taking 
the  direction  of  the  court  of  probate  in  the  district  of  New 
Haven  therein. 

Upon  the  memorial  of  Ebenezer  Jackson,  of  Sharon  in  the 
county  of  Litchfield,  administrator  upon  the  estate  of  Joshua 
Jackson  late  of  said  Sharon,  deceased,  shewing  to  this  As- 
sembly that  the  debts  due  from  said  estate  surmount  the  per- 
sonal estate  and  what  has  alreadv  been  granted  to  be  sold  of 
the  real  estate  of  said  deceased  the  sum  of  £61  18s.  Id.  law- 
ful money,  and  praying  for  liberty  to  sell  so  much  more  of  the 
lands  of  said  deceased  as  to  procure  said  sum  of  ,£61  18s.  Id. 
lawful  money  with  incident  charges,  as  per  memorial  on  file 
&c. :  Resolved  by  this  Assembly,  that  the  memorialist  have 
liberty  and  he  is  hereby  impowered,  to  sell  so  much  more  of 
the  lands  of  said  Joshua  Jackson,  deceased,  as  to  procure 
said  sum  of  X61 18s.  Id.  lawful  money  with  incident  charges; 
taking  the  direction  of  the  court  of  j)rol)ate  for  the  district  of 
Sharon  therein. 

Upon  the  memorial  of  Mr.  Samuel  Allis  of  Somers,  represen- 
ting that  his  son,  Lucius  Allis,  in  the  month  of  March  1757, 
enlisted  himself  a  soldier  in  the  sei'vice  of  this  government 
for  the  campaign  of  that  year;  that  when  proceeding  with 
the  troops  at  Plartford  he  was  taken  sick  and  continted  so 


1760.]  OP    CONNECTICUT.  363 

for  a  long  time  at  the  expence  and  cost  of  the  memorialist; 
praying  the  consideration  of  this  Assembly,  and  that  a  reason- 
able allowance  be  made  him  &g.  :  It  is  therefore  resolved  and 
ordered  by  this  Assembly,  that  the  said  Samuel  Allis  shall  be 
allowed  and  paid  out  of  the  public  treasury  of  this  Colony 
the  sum  of  £17  Qs.  Zd.  money  or  bills  of  credit  on  the  said 
Colony,  for  and  towards  the  defraying  the  expences  of  the 
sickness  of  his  said  son  Lucius ;  and  a  copy  of  this  act  shall 
be  a  sufficient  warrant  to  the  Treasurer  to  pay  the  same  to 
him. 

Upon  the  memorial  of  Timothy  Reynolds,  of  Greenwich  in 
Fairfield  county,  representing  to  this  Assembly  that  he  was  a  sol- 
fdier  in  the  service  of  this  Colony  on  the  17th  day  of  July  1756, 
at  Lake  George,  and  was  then  on  a  party  with  Major  Water- 
)ury  wiien  attacked  by  the  enemy,  and  was  taken  prisoner  by 
the  Indians  and  carried  into  captivity  and  by  them  detained 
mtil  the  second  day  of  June  last,  when  he  found  means  to 
escape  and  arrived  at  Lake  George  the  30th  of  said  June  and 
entered  the  same  service  and  continued  till  the  16th  day  of 
October  last,  and  praying  this  Assembly  to  order  him  his  pay 
as  a  soldier  from  said  17tli  day  of  July  to  the  16th  day  of 
October,  as  per  memorial  on  file :  Resolved  by  this  Assembly, 
that  the  sum  of  twenty-five  pounds  be  granted  to  the  said 
Timothy  Reynolds,  to  be  paid  out  of  the  public  treasury  of 
this  Colony,  and  the  Treasurer  of  this  Colony  is  hereby  order- 
ed and  directed  to  pay  the  same  to  the  said  Timothy 
Reynolds  accordingly. 

[259]  Upon  the  memorial  of  Elias  Reed  and  Mary  Jacobs, 
administrators  upon  the  estate  of  David  Jacobs  late  of  Salis- 
bury in  the  county  of  Litchfield,  deceased,  shewing  to  this 
Assembly  that  the  debts  due  from  said  estate,  with  an  allow- 
ance made  to  the  widow  for  necessary  subsistence,  surmounts 
the  personal  estate  the  sum  of  X45  7s.  11 1^.  lawful  money, 
and  praying  for  liberty  to  sell  so  much  of  the  lands  of  said 
deceased  as  to  procure  said  sum  with  incident  charges,  as  per 
memorial  appears :  Resolved  by  this  Assembly,  that  the 
said  Elias  Reed  have  liberty  and  he  is  hereby  impowered,  to 
sell  so  much  of  the  lands  of  said  David  Jacobs,  deceased,  as 
to  procure  said  sum  of  £45  Is.  lid.  lawful  money  with  inci- 
dent charges ;  taking  the  direction  of  the  court  of  probate  for 
the  district  of  Sharon  therein. 

Upon  the  memorial  of  Samuel  Spencer,  administratoi-  on 
the  estate  of  Capt.  Samuel  Spencer  late  of  East  Haddam,  de- 
ceased, representing  to  this  Assembly  that  the  debts  and 
charges  due  from  from  the  estate  of  said  deceased,  over  and 


864  PUBLIC   RECORDS  [March' 

above  the  sum  raisM  by  former  sales  of  land,  surmount  the 
personal  estate  of  said  deceased  the  sum  of  £189  18s,  did. 
lawful  money ;  praying  for  liberty  to  sell  so  much  of  the  real 
estate  of  said  deceased  as  shall  be  sufficient  to  raise  said  sum 
with  the  incident  charges  arising  thereon :  Resolved  by  this 
Assembly,  that  said  administrator  have  liberty,  and  liberty  is 
hereby  granted  to  him,  to  sell  so  much  of  the  real  estate  of 
said  deceased  as  shall  be  sufficient  to  raise  said  sum  with  the 
incident  charges  arising  thereon ;  taking  the  direction  of  the 
court  of  probate  in  the  district  of  East  Haddam  therein. 

Upon  the  memorial  of  Ephraim  HoUister  of  Parmington,  in 
right  of  his  wife  Ann,  administratrix  of  the  estate  of  Josiah 
Beckley  late  of  Weathersfield,  deceased,  shewing  to  this  As- 
sembly that  the  debts  &c.  due  from  said  estate  surmount  the 
personal  estate  of  the  said  deceased  the  sum  of  £2'^  16s.  6kd. 
lawful  money;  therefore  praying  for  liberty  to  sell  so  much 
of  the  real  estate  of  said  deceased  as  shall  be  sufficient  to 
pay  said  sum:  Resolved  by  this  Assembly,  that  the  memo- 
rialist have  liberty,  and  he  is  hereby  fully  impowered,  to  sell 
80  much  of  the  real  estate  of  the  said  Josiah  Beckley,  de- 
ceased, as  shall  be  sufficient  to  procure  said  sum  of  £23  15s. 
Qid.  lawful  money  together  with  the  incident  charges  of  such 
sale;  taking  the  direction  of  the  court  of  probate  for  the  dis- 
trict of  Hartford  therein. 

Upon  the  memorial  of  Daniel  Parks,  Silas  Hamlin  and 
Martha  Hamlin,  administrators  upon  the  estate  of  Thomas 
Smith  late  of  Sharon,  deceased,  shewing  that  the  debts  due 
from  the  estate  of  said  deceased,  with  a  small  allowance 
made  to  the  widow,  surmount  the  personal  estate  the  sum  of 
£26  8s.  4:id.  lawful  money,  and  praying  that  some  meet  per- 
son may  be  impowered  by  this  Assembly  to  sell  so  much  of 
the  lands  of  said  deceased  as  to  procure  said  sum  with  incident 
charges,  as  per  memorial  on  file  &c. ;  Resolved  by  this  As- 
sembly, that  the  said  Silas  Hamlin  have  liberty  and  he  is 
hereby  impowered,  to  sell  so  much  of  the  lands  of  the  said 
Thomas  Smith,  deceased,  as  to  procure  said  sum  of  £26  8s. 
4iid.  lawful  money  with  incident  charges;  taking  the  direc- 
tions of  the  court  of  probate  for  the  district  of  Sharon 
therein. 

On  the  memorial  of  Mary  Fairbanks,  administratrix  on  the 
estate  of  David  Fairbanks  late  of  Middleton,  deceased, 
[260]  shewing  to  this  Assembly  ||  that  the  debts  and  charges 
due  from  said  estate  surmount  the  moveable  part  thereof  the 
sum  of  twenty-four  pounds  lawful  money;  praying  for  liberty 
to  sell  so  much  of  the  real  estate  of  said  deceased  as  will  pro- 


i 


1760.]  OP    CONNECTICUT.  365 

cure  said  sum :  Resylved  by  this  Assembly,  that  the  memo- 
rialist have  liberty,  and  liberty  is  hereby  granted  her,  to  sell 
so  much  of  the  real  estate  of  said  deceased  as  will  procure 
said  sum  of  twenty-four  pounds  together  with  the  incident 
charges  arising  on  such  sale;  taking  the  directions  of  the 
court  of  probate  in  the  district  of  Middleton  therein. 

Upon  the  memorial  of  Amos  Ailing  of  New  Haven,  re- 
presenting to  this  Assembly  that  he  entred  into  the  service 
of  this  Colony  in  the  campaign  in  the  year  1755;  that  he  was 
captivated  with  the  late  Major  Dyer  in  the  year  1756,  and  re- 
mained a  captive  in  Canada  till  the  year  1759,  and  passed 
thro'  a  scene  of  suffering  &g.  :  praying  for  tlie  pity  of  this  As- 
sembly &c.  as  per  memorial  on  file:  Resolved  by  this  As- 
sembly, that  the  sum  of  fifteen  pounds  be  granted  to  the 
memorialist  out  of  the  public  treasury,  and  the  same  is  here- 
by granted,  and  the  Treasure!-  is  ordered  to  pay  the  same  ac- 
cordingly. 

Upon  the  memorial  of  Abraham  Dan,  of  Stanford  in  Fair- 
field county,  shewing  to  this  Assembly  that  in  the  year  last 
past  in  the  service  of  this  government,  as  a  private  soldier 
in  Col.  Wooster's  regiment  at  Ticonderoga  standing  cen- 
try  in  the  out  guards,  he  was  so  unfortunate  as  to  receive 
a  shot  in  his  right  arm  from  an  enemy  Indian  lurking  in 
the  bushes  adjacent  to  his  post,  by  means  of  which  shot  the 
bones  of  his  said  arm  were  very  much  broken  and  shattered 
to  pieces,  and  since  have  been  taken  out,  and  his  arm  is 
rendered  thereby  so  useless  that  he  cannot  so  much  as  lift 
it  to  any  service  or  office  for  which  it  was  made  &c. ;  humbly 
requesting  the  compassion  of  this  Assembly,  as  per  me- 
morial on  file:  This  Assembly  grants  unto  the  said  Abra- 
ham Dan  the  sum  of  fifty  pounds  to  be  paid  out  of  the  public 
treasury  of  this  Colony,  and  the  Treasurer  of  this  Colony  is 
hereby  ordered  to  pay  him  the  same  accordingly. 

This  Assembly  is  adjourned  until  the  Governor  or  in  his 
absence  the  Deputy  Governor  shall  see  cause  to  call  it  to 
meet  again- 

George  Wyllys,  Secretary. 


366  PUBLIC  RECORDS  [May, 

[262]  Anno  Regni  Regis  Greorgii  secundi  tricesimo-tertio. 
At  a  General  Assembly  of  the  Governor  and  Company 
OF  HIS  Majesty's  EncxLish  Colony  of  Connecticut  in  New 
England  in  America  holden  at  Hartford  in  said  Colony 
on  the  second  Thursday  of  May  and  continued  by 
several  adjournments  until  the  sixth  day  of  June  next 
following,  annoque  Domini  1760. 

Present  : 
The  Honourable  Thomas  Fitch,  Esq"',  Governor. 
The  Honi'''e  William  Pitkin,  Esq"",  Deputy  Governor. 
Ebenezer  Silliman,         Thomas  Wells, 
Hezekiah  Huntington,    Benjamin  Hall, 
Andrew  Burr,  Daniel  Edwards, 

John  Chester,  Jabez  Hamlin, 

Matthew  Griswold, 


> 


Esq", 
Assistants. 


Representatives  or  Deputies  who  attended  this   Assembly/ 

are  as  follows,  viz  : 

Col.  Joseph  Pitkin,  Mr.  John  Ledyard,  for  Hartford. 

Mr.  Daniel  Lyman,  Mr.  Samuel  Bishop,  for  New  Haven. 

Col.  Stephen  Lee,  Mr.  William  Hillhouse,  for  New  London. 

Mr.  David  Rowland,  for  Fairfield. 

Col.  Eliphalet  Dyar,  Capt.    Jonathan  Rudd,  for  Windham. 

Capt.  Elisha  Sheldon,  Col.  Ebenezer  Marsh,  for  Litchfield. 

Capt.  Jabez  Huntington,  Mr.  Isaac  Tracy,  for  Norwich. 

Col.  Shubael  Conant,  Mr.  William  Hall,  for  Mansfield. 

Col.  Jonathan  Hoit,  Mr.  Abraham  Davenport,  for  Stanford. 

Col.  Timothy  Stone,  Mr.  Edmund  Ward,  for  Guilford. 

Capt.  Jabez  Sherwood,  Mr.  Nathaniel  Sacket,  for  Greenwich. 

Capt.  John  Strong,  Capt.  William  Wadsworth,  for  Farming- 
ton. 

Col.  Elihu  Chauncey,  Capt.  James  Wadsworth,  for  Durham. 

Capt.  Samuel  Kent.  Mr. William  King,  for  Suffield. 

Capt.  Abijah  Catling,  Mr.  Daniel  Catling,  for  Harwintoii. 

Capt.  Moses  Lyman,  Mr.  Ebenezer  Norton,  for  Goshen. 

Capt.  Isaac  Kellogg,  Mr.  Martin  Smith,  for  New  Hartford. 

Mr.  Comfort  Starr,  Mr.  Daniel  Benedict,  for  Danbury. 

Mr.  Joseph  Betts,  Mr.  Joseph  Piatt,  for  Norwalk. 

Capt.  Benjamin  Wheeler,  Capt.  Thomas  Stevens,  for  Flam- 
field. 

Mr.  Roger  Sherman,  Mr.  Benjamin  Gaylord,  for  New  Milford. 

Mr.  Joseph  Wilcocks,  Mr.  Joseph  Eliot,  for  Killingworth. 

Capt.  Hezekiah  Whittlesey,  Capt.  John  Murdock,  for  Say- 
brook. 

Mr.  Joseph  Sexton,  for  Somers-  . 


1760.]  OP    CONNECTICUT.  367 

Mr.  Daniel  Aldin  iun"",  Mr.  Nathan  Johnson,  for  Stafford. 

Capt.  Samuel  Dunham,  Mr.  John  Pardee,  for  Sharon. 

Capt.  John  Fowler,  Mi-.  Ephraim  Strong,  for  Milford. 

Capt.    Elijah    Worthington,  Mr.    Dudley    Wright,   for    Col- 
chester. 

Mr.  Charles  Whittlesey,  Capt.  Samuel  Hull,  for  Wallingford. 

Col.  John  Dyar,  Mr.  John  Curtis,  for  Canterbury. 

Mr.  Davis  Phelps,  Capt.  John  Humphry,  for  Symsbury. 

Mr.  John  Everts,  Mr.  Josiah  Stoddard,  for  Salisbury. 

Mr.  John  Lewis,  Mr.  Thomas  Mattliews,  for  Waterbury. 

Mr.  William  Williams,  Capt.  Joshua  West,  for  Lebanon. 

[263]   Capt.  William   Hoadley,  Mr.  James  Barker,  for  Bran- 
ford. 

Mr.  William  Wolcott,  Capt.  Pelatiah  Mills,  for  Windsor. 

Mr.  Daniel  Booth,  Capt.  Henry  Glover,  for  Newton. 

Mr.  Jabez  Swift,  Mr.  Daniel  Lee,  for  Kent. 

Capt.  Samuel  Ely,  Mr.  George  Dorr,   for  Lyme. 

Mr.  Nathaniel  Terry,  for  Enfield. 

Mr.  Ebenezer  Williams,  Mr.  Samuel  Croft,  for  Pomfret. 

Mr.  Hezekiah  Brainard,  for  Haddam. 

Mr.  Zebulon  West,  Capt.  Joshua  Wills,  for  Tolland. 

Mr.  Amos  Babcock,  Capt.  Jedidiah  Fay,  for  Ashford. 

Capt.  Samuel  Morgan.  Col.  Samuel  Coit,  for  Preston. 

Mr.  Daniel  Brainard  junr,  for  East  Haddam. 

Capt.  Abel  Gunn,  Capt.  James  Wheeler,  for  Derby. 

Col.  Hezekiah  Sabin,  Mr.  Thomas  Moffitt,  for  Killingly. 

Mr.  Daniel  Sherman,  Colo.  Benjamin  Hinman,  for  Woodbury. 

Mr.  Alexander  Phelps,  Mr.  John  Phelps,  for  Hebron. 

Mr.  Samuel  Kimberly,  Mr.  John  Wells,  for  Glassenbury. 

Mr.  Isaac  Johnson,  Mr.  Ebenezer  Smith,  for  Woodstock. 

Col.  David  Whitney,  Mr.  Charles  Burrill,  for  Canaan. 

Col.  Robert  Walker,  Mr.  Ichabod  Lewis,  for  Stratford. 

Col.  Christopher  Avery,  Mr.  Luke  Perkins,  for  Groton. 

Mr.  Joseph  Strong,  Mr.  Samuel  Robinson,  for  Coventry. 

Mr.  Seth  Wetmore,  Mr.  Matthew  Talcott,  for  Middleton. 

Mr.  Simeon  Minor,  Capt.  Amos  Cheesbrough,  for  Stonington. 

Mr.  David  Strong,  Mr.  Thomas  Webster,  for  Bolton. 

Col.  Elizur  Goodrich,  Mr.  Joseph  Boardman,  for  Weathers- 
field. 

Capt.  Robert  Dixon,  Mr.  John  Smith,  for  Voluntown. 
Capt.  Jabez  Huntington,  Speaker  )  of  the  House 
Abraham  Davenport,  Clerk  \  of  Representatives. 

This  day  being  appointed  by  the  royal  charter  and  the  laws 
of  this  Colony  for  the  Election  of  the  public  officers  of  the 
Colony,     viz :      Governor,     Deputy     Governor,     Assistants, 


368  PUBLIC  RECORDS  [May, 

Treasurer,  and  ?^ecretary,  proclamation  was  made,  and  then 
the  votes  of  the  freemen  were  given  in  to  the  persons  appoint- 
ed by  the  Governor,  Council  and  Representatives  to  receive, 
sort  and  count  them;  which  persons  so  appointed  were: 
Ebenezer  Silliman,  Hezekiah  Huntington,  Andrew  Burr, 
John  Chester.  Thomas  Wells,  Benjamin  Hall,  Daniel  Edwards, 
Jabez  Hamlin,  Matthew  Griswold,  Esqi'S  Messrs.  William 
Wolcott,  Hezekiah  Brainard,  Timothy  Stone.  Daniel  Lyman. 
Simeon  Minor.  Joseph  Eliot,  Robert  Walker,  David  Rowland, 
William  Williams,  Amos  Babcock,  Ebenezer  Mash,  and  Roger 
Sherman,  who  were  all  sworn  to  a  faithful  discharge  of  that 
trust. 

And  the  votes  of  the  freemen  being  brought  in,  sorted  and 
counted, 

The  Honourable  Thomas  Fitch,  Esq"",  is  chosen  Governor 
of  this  Colony  for  the  year  ensuing. 

The  Honi^'e  William  Pitkin.  Esqf,  is  chosen  Deputy  Gover- 
nor for  the  year  ensuing. 

[264]  Roger  Newton,  Esqf,  Ebenezer  Silliman,  Esq^,  Jona- 
than Trumble,  Esq',  Hezekiah  Huntington.  Esq^,  Andrew 
Burr,  Esqr,  John  Chester,  Esq-",  Thomas  Wells,  Esq^ 
Benjamin  Hall,  Esq"",  Daniel  Edwards,  Esq',  Jabez  Hamlin, 
Esqr,  Mathew  Griswold,  Esq^  Shubael  Conant,  Esq"",  were 
chosen  Assistants  for  the  year  ensuing. 

Joseph  Talcott,  Esq"",  is  chosen  Treasurer  for  the  year  en- 
suing. 

George  Wjdlys,  Esq"",  is  chosen  Secretary  for  the  year  en- 
suing. 

The  Governor's  oath  prescribed  by  the  law  of  this  Colony 
and  tlie  oath  required  by  act  of  Parliament,  relating  to  Trade 
and  Navigation,  were  administred  by  the  Hon^'''?  William 
Pitkin,  Esqf,  Deputy  Governor,  to  the  Hon^'e  Thomas  Fitch, 
Esqr,  now  chosen  Governor,  in  the  presence  of  this  As- 
semblv. 

The  Hon'''<=  William  Pitkin,  Esqf,  (now  chosen  Deputy 
Governor)  had  the  Deputy  Governor's  oath  prescribed  by  law 
administred  to  him  by  his  Honour  the  Governor  in  the  pres- 
ence of  the  Assembly. 

The  Assistant's  oath  prescribed  by  law  was  administred 
by  his  Honour  the  Governor  to  Roger  Newton,  Esq"",  Ebenezer 
Silliman,  Esq^  .fonathan  Trumble,  Bsq^  Hezekiah  Hunting- 
ton, Esq"",  Andrew  Burr,  Esq',  John  Chester,  Esq"",  Thomas 
Wells,  Esq"-,  Benjamin  Hall,  Esq"",  Daniel  Edwards,  Esq^. 
Jabez  Hamlin,  Esq'',  Matthew  Griswold,  Esq",  and  Shubael 
Conant.  Esq"",  now  chosen  Assistants,  in  the  presence  of  the 
Assembly. 


1760.]  OF     CONNECTICUT.  369 

The  Secretaries  oath  prescribed  bj  law  was  administred  by 
his  Honour  the  Governor  to  George  Wyllys,  Esq"",  (now  cliosen 
Secretary)  in  the  presence  of  the  Assemlily. 

Ordered.,  That  Hezekiah  Hnntingtun,  Esq",  and  Mr. 
Simeon  Minor  return  the  thanks  of  this  Assembly  to  the  Rev^ 
Mr.  Joseph  Fish,  for  his  sermon  delivered  before  this  Assem- 
bly on  the  8th  instant,  and  desire  a  copy  thei'eof  that  it  may 
be  printed. 

This  Assembly  do  appoint  the  Hon'''^  William  Pitkin.  Esq^ 
to  be  Chief  Judge  of  the  Superior  Courts  in  this  Colony  the 
year  ensuing. 

This  Assembly  do  appoint  Ebenezer  Silliman.  Esq^  Daniel 
Edwards,  Esq'',  Benjamin  Hall,  Esq^,  and  Robert  Walker, 
Esqr,  to  be  Judges  of  the  Superior  Courts  in  this  Colony  the 
year  ensuing. 

This  Assembly  appoints  Jabez  Hamlin,  Esq^  to  be  Judge 
of  the  County  Courts  in  the  county  of  Hartford  the  year  en- 
suing. 

This  Assembly  appoints  Josei)li  Buckingham,  Esq^  to  be 
Judge  of  the  Court  of  Probate  in  the  district  of  Hartford  the 
year  ensuing. 

This  Assembly  appoints  Joseph  Spencer,  Esq'",  to  be  Judge 
of  the  Court  of  Probate  in  the  district  of  East  Haddam  the 
year  ensuing. 

This  Assembly  appoints  .fabez  Hamlin,  Esq%  to  be  Judge 
of  the  Court  of  Probate  in  the  district  of  Middletown  the  year 
ensuing. 

This  Assembly  appoints  Zebulon  West,  Esq"",  to  be  Judge 
of  the  Court  of  Probate  in  the  district  of  Stafford  the  year  en- 
suing. 

The  Treasurer's  oath  prescribed  by  law  was  administered 
(by  his  Honour  the  Governor)  to  Joseph  Talcott,  Es(|'',  now 
chosen  Treasurer  of  this  Colony. 

This  Assembly  appoints  Andrew  Burr,  Esq"",  to  be  Judge  of 
the  County  Court  in  the  county  of  Fairfield  the  year  en- 
suing. 

This  Assembly  appoints  Jonathan  Truml)le,  Esq'',  to  be 
Judge  of  the  Court  of  Proliate  in  the  district  of  Windham  the 
year  ensuing. 

This  Assembly  appoints  Jabez  Fitch,  Esqf,  to  be  Judge  of 
the  Court  of  Probate  in  the  district  of  Plainfield  the  year  en- 
suing. 

Tliis    Assembly    appoints  Ebenezer  Williams,  Esq"",  to  be 

47 


370  PUBLIC   RECORDS  [May, 

Judge  of  the  Court  of  Probate  in  the  district  of  Pomfret  the 
year  ensuing. 

This  Assembly  appoints  Daniel  Sherman,  Esqf,  to  be  Judge 
of  the  Court  of  Probate  in  the  district  of  Woodbury  the  year 
ensuing. 

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

This  Assembly  appoints  John  Williams,  Esq^  to  he  Judge 
of  the  Court  of  Probate  in  the  district  of  Sharon  the  year  en- 
suing. 

[265]  This  Assembly  do  appoint  Joseph  Buckingham, 
Joseph  Pitkin,  William  Wolcott  and  John  Humphry,  Esq'"% 
to  be  Justices  of  the  Peace  and  Quorum  for  the  county  of 
Hartford  the  year  ensuing. 

This  Assembly  do  appoint  Phineas  Lyman,  Esq^  George 
Wyllys,  John  Ledyard,  Joseph  Talcott,  Thomas  Hosmer, 
Jonatlian  Hills,  Samuel  Talcott,  Daniel  Bissell,  Samuel  Eno, 
Pelatiah  Mills,  Elizur  Goodrich,  Jonathan  Belding,  Joseph 
White,  Thomas  Johnson,  Seth  WetmOre,  Joseph  Southmayd, 
John  Hooker,  Joseph  Hooker,  Solomon  Whitman.  Jared  Lee, 
Hezekiah  Gridiee,  Joseph  Hart,  Hezekiah  Braiuard,  Joseph 
Wells,  John  Owen,  Samuel  Kent  junr,  Jonathan  Hale,  David 
Hubbard,  Ephraim  Terry,  Nathaniel  Foot,  Epaphras  Lord, 
John  Watrous,  Jonathan  Kilborn  jun^  Joseph  Phelps,  John 
.  Phelps,  Samuel  Gilbert,  Alexander  Phelps,  Zebulon  West, 
Tliomas  Pitkin,  Joseph  Spencer  of  East  Haddam,  Daniel  Cone, 
Daniel  Brainard  jun'',  Isaac  Pinney,  John  Mirick,  Samuel 
Reynolds,  and  Judah  Holcom,  Esqi's,  to  be  Justices  of  the 
Peace  for  the  county  of  Hartford  for  the  year  ensuing. 

This  Assembly  do  appoint  Mr.  Erastus  Wolcott  to  be  a 
Justice  of  tlie  Peace  for  the  county  of  Hartford  the  year  en- 
suing. 

This  Assembly  appoints  Roger  Newton,  Esq^  to  be  Judge 
of  tlie  County  Court  for  the  county  of  New  Haven  the  year 
ensuing. 

This  Assembly  appoints  Col.  John  Hubl)ard,  Col.  Elihu 
Chauncey,  Col.  Tiraotliy  Stone,  to  be  Justices  of  the  Peace 
and  Quorum  foi-  the  county  of  New  Haven  the  year  en- 
suing. 

This  Assembly  appoints  Col.  John  Hubbard  Judge  of  the 
Court  of  Probate  for  the  district  of  New  Haven  the  year  en- 
suing. 

This  Assembly  appoints  Col.  Timothy  Stone  Judge  of  the 
Court  of  i*robate  for  the  district  of  Guilford  the  year  en- 
suing. 


1760]  OP    CONNECTICUT.  371 

This  Assembly  appoints  John  Prout,  Samuel  Sherman, 
Deodate  Davenport,  John  Whiting,  Samuel  Sacket,  Thomas 
Darling,  Robert  Treat,  Nathan  Baldwin,  Joseph  Woodrutf, 
Samuel  Robinson,  Theo|.thilus  Rossetter,  Nathan  Ruggles, 
John  Grave,  Jonathan  Russell,  Josiah  Rogers,  John  Hall. 
Samuel  Barker,  Samuel  Hall.  ElihuHall.  Ezekiel  Royce,  Caleb 
Merriman.  Charles  Whittlesey,  James  Wadsworth,  Samuel 
Bassett,  Sanniel  Riggs,  Timothy  Russell,  Daniel  Holbrook, 
Thomas  Clai-k,  Thomas  Matthews,  Daniel  Lyman,  William 
Hoadley,  James  Barker,  Charles  French,  Joseph  Hopkins, 
Esq''*,  Justices  of  the  Peace  for  the  county  of  New  Haven  ilie 
year  ensuing. 

This  Assembly  appoints  Gurdon  -Saltonstall,  Esq'',  to  be 
Judge  of  the  Court  of  Probate  for  the  district  of  New  London 
the  year  ensuing. 

This  Assembly  appoints  Hezekiah  Huntington,  Esq"",  to  be 
Judge  of  the  Court  of  Probate  for  the  district  of  Norwicli  the 
year  ensuing. 

This  Assembly  appoints  Hezekiah  Huntington,  Esq',  to  be 
Judge  of  the  County  Court  for  the  county  of  New  London  the 
year  ensuing. 

This  Assembly  appoints  John  Griswold,  Christopher  Avery, 
Richard  Lord,  Isaac  Huntington  and  Pygan  Adams,  Esq'"s,  to 
be  Justices  of  the  Peace  and  Quorum  for  the  county  of  New 
London  the  year  ensuing. 

This  Assembly  appoints  John  Richards,  Daniel  Colt,  Jere- 
miah Miller,  William  Hillhouse,  Luke  Perkins,  William 
Williams,  Nathan  Smith,  Ebenezer  Avery,  Simeon  Minor, 
Joseph  Dennison,  Samuel  Prentice,  Amos  Cheesbrough, 
Samuel  Morgan,  Samuel  Coit,  William  Witter,  Ebenezer  Bac- 
chus, Jabez  Huntington,  William  Whiting,  Jacob  Perkins, 
Ebenezer  Hartshorn,  Samuel  Ely,  John  Lay  Hd,  Nathaniel 
Clark,  Jedidiah  Chapman,  John  Tully,  Hezekiah  Whittlesey, 
Benjamin  Gale,  Elnathan  Stevens,  Joseph  Wilcocks,  Aaron 
Eliot,  Humphry  Avery,  Simon  Tracy  jun"',  and  George  Dorr, 
Esqf's,  Justices  of  the  peace  for  the  county  of  New  London  the 
year  ensuing. 

This  Assembly  do  appoint  Andrew  [Burr,]  Esq"",  to  be 
Judge  of  the  Court  of  Probate  for  the  district  of  Fairfield  the 
year  ensuing. 

This  Assembly  do  appoint  Jonathan  Hoit,  Esq'',  to  be  Judge 
of  the  Court  of  Probate  for  the  district  of  Stanford  the  year 
ensuing. 

[2(i6]  This  Assembly  do  appoint  Thomas  Benedict,  Esq^ 
to  be  Judge  of  Probate  for  the  district  of  Danbury  the  year 
ensuing. 


372  PUBLIC  EECORDS  [May, 

This  Assembly  do  appoint  Jonathan  Hoit,  Esq"",  David  Row- 
land, Esqr,  Samuel  Fitch,  Esq'',  and  John  Reed,  Esq^,  to  be 
Justices  of  the  Peace  and  Quorum  for  the  county  of  Fairfield 
the  year  ensuing. 

This  Assembly  do  appoint  Robert  Fairchild,  Robert  Walker, 
Agur  Tomlinson,  Samuel  Adams,  Ichabod  Lewis,  William 
Peat,  Theophilus  Nichols,  William  Burr,  Lethrop  Lewis, 
Moses  Dimon,  Samuel  Sherwood,  James  Lockwood,  Joseph 
Piatt,  Elias  Betts,  Theophilus  Fitcli,  Abraham  Davenport, 
Jonathan  Maltbie,  Nathaniel  Sacket,  John  Ferris,  Samuel 
Olmsted,  Samuel  Smith  3d,  Thomas  Benedict,  Samuel 
Gregory,  Comfort  Starr,  Thomas  Tousey,  Caleb  Baldwin, 
Ephraim  Hubbel,  Benajah  Case,  Richard  Fairman,  Thomas 
Fitch  jun'",  and  Peter  Mead,  Esq'"^  to  be  Justices  of  the  Peace 
for  the  county  of  Fairfield  the  year  ensuing. 

This  Assembly  do  appoint  Jonathan  Trumble,  Esq^,  to  be 
Judge  of  the  County  Court  for  the  county  of  Windham  the 
year  ensuing. 

This  Assembly  do  appoint  Shubael  Conant,  Esq^  to  be  a 
Justice  of  the  Quorum  for  the  county  of  Windham  the  year 
ensuing. 

This  Assembly  do  appoint  John  Dyar,  Esq^,  Jabez  Fitch, 
Esq',  and  Joshua  West,  Esq^  to  be  Justices  of  the  Peace  and 
Quorum  for  the  county  of  Windham  the  year  ensuing. 

This  Assembly  do  appoint  Jonathan  Huntington,  Nathaniel 
Huntington,  Eliphalet  Dyar,  Stephen  Fuller,  Samuel  Gray, 
Jedidiah  Elderkin,  Joseph  Fowler,  Joseph  Clark,  William 
Metcalfe,  William  Williams  of  Lebanon,  Samuel  Huntington 
of  Canterbury,  Joseph  Storrs,  Benjamin  Wheeler.  Joseph 
Strong  iun^  Phineas  Strong,  Silas  Long,  Timothy  Sabin, 
William  Osgood,  Ebenezer  Williams, Thomas  Williams  of  Pom- 
fret,  Samuel  Danielson,  Jacob  Dresser,  Thomas  Moffatt,  John 
Smith,  Robert  Dixon,  Jeremiah  Keeney,  Samuel  Chandler, 
Thomas  Chandler,  Amos  Babcock,  Elijah  Whiton,  and  Ebe- 
nezer Wales,  Esqi's  to  be  Justices  of  the  Peace  for  the 
county  of  Windham  the  year  ensuing. 

This  Assembly  do  appoint  John  Williams,  Esq^,  to  be  Judge 
of  the  County  Court  for  the  county  of  Litchfield  the  year  en- 
suing. 

This  Assembly  do  appoint  Ebenezer  Marsh,  Elisha  Sheldon, 
Increase  Mosely  and  Roger  Sherman,  Esq^^,  to  be  Justices  of 
the  Peace  and  Quorum  for  the  county  of  Litchfield  the  year 
ensuing. 

This  Assembly  appoints  John  Williams,  Timothy  Collins, 
Jacob  Woodruff,  Daniel    Sherman,  Daniel    Avered,  Elisha 


1760.]  OF    CONNECTICUT.  373 

Stoddard.  Benjamin  Hinman,  Paul  Welch,  Buslmel  Bostwick, 
Timothy  Hatch,  John  Ransom,  Samuel  Hutchinson,  James 
Landon.  John  Hutchinson,  David  Whitney,  John  Bebee,John 
Beach.  Samuel  Pettibone,  John  Patterson,  Cyprian  Webster, 
Abijah  Catling,  Isaac  Kelloog.  Martin  Smith,  Ebenezer  Ly- 
man, John  Cook,  Joshua  Whitney,  Tilly  Blakesly,  Michael 
Humphry,  and  Daniel  Lee,  Esq""*,  to  be  Justices  of  the  Peace 
for  the  county  of  Litchfield  the  year  ensuing. 

This  Assembly  do  estabhsh  John  Douglas  to  be  Lieuten- 
ant of  the  2d  company  or  trainband  in  the  town  of  New 
London  in  the  3d  regiment  in  this  Colony. 

This  Assembly  do  establish  Thomas  Harding  to  be  Ensign 
'  of  the  2d  company  or  trainband  in  the  town  of  New  Lon- 
don in  the  3d  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Joseph  Perry  to  be  Quarter- 
Master  of  the  troop  of  horse  in  the  13th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Enos  Brooks  to  be  Cap- 
tain of  the  south  company  or  trainband  in  the  parish  of  New 
Cheshire  in  the  town  of  Wallingford. 

This  Assembly  do  establish  Mr.  Cornelius  Brooks  to  be 
Lieutenant  of  the  south  company  or  trainband  in  the  parish 
of  New  Cheshire  in  the  town  of  Wallingford. 

This  Asseml)ly  do  establish  Mr.  Thomas  Brooks  to  be  En- 
sign of  the  south  company  or  trainband  in  the  parish  of  New 
Cheshire  in  the  town  of  Wallingford. 

This  Assembly  do  establish  Mr.  Samuel  Gates  to  be  Cor- 
net of  the  1st  troop  of  horse  in  the  12th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  William  Clark  to  be  Quar- 
ter-Master of  the  1st  troop  of  horse  in  the  12th  regiment  in 
this  Colony. 

[267]  this  Assembly  do  establish  Mr.  Nathaniel  Hoit 
to  be  Captain  of  the  3d  company  or  trainband  in  the  town  of 
Danbury  in  the  4th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Th(jmas  Starr  to  be  Lieu- 
tenant of  the  3d  company  or  trainband  in  the  town  of  Dan- 
bury  in  the  4th  regiment  in  this  Colony. 

This  Assembly  do  estal)lish  Mr.  Hezekiah  Benedict  to  be 
Ensign  of  the  3d  company  or  trainband  in  the  town  of  Dan- 
bury  in  the  4th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Ebenezer  Smith  to  be  Cap- 
tain of  the  14th  company  or  trainband  in  the  6th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Thomas  Selden  to  be  En- 


374  PUBLIC   RECORDS  [May, 

sign  of  the  14th  company  or  trainband  in  the  6th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Hezekiali  Deforeest  to  be 
Captain  of  the  troop  of  horse  in  the  9th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Nehemiah  Grummon  to  be 
Cornet  of  the  troop  of  horse  in  the  9th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  John  Weed  to  be  Quarter- 
Master  of  the  troop  of  horse  in  the  9th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Benjamin  Wheat  to  be 
Ensign  of  the  2d  company  or  trainband  in  the  town  of  Nor- 
wich. 

This  Assembly  do  establish  Mr.  William  Morgan  to  be 
Captain  of  the  6th  company  or  trainband  in  the  town  of  New 
London  in  the  3d  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Samuel  Tabor  to  be  Lieu- 
tenant of  the  6th  company  or  trainband  in  the  town  of  New 
London  in  the  3d  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Samuel  Bishop  juu"',  to  be 
Ensign  of  the  5th  company  or  trainband  in  the  town  of  New 
London. 

This  Assembly  do  establish  Mr.  Henry  Champion  to  l)e 
Captain  of  the  company  or  trainband  in  the  parish  of  West 
Chester  in  the  town  of  Colchester. 

This  Assembly  do  establish  Mr.  David  Day  to  be  Lieutenant 
of  the  comjiany  or  trainband  in  the  parish  of  West  Chester  in 
the  town  of  Colchester. 

This  Assembly  do  establish  Mr.  William  Dunham  to  be  En- 
sign  of  the  company  or  trainband  in  the  parish  of  West 
Chester  in  the  town  of  Colchester. 

This  Assembly  do  establish  Mr.  Christopher  Holmes  to  be 
Captain  of  the  north  company  or  trainband  in  the  parish  of 
Hadlime  in  the  town  of  East  Haddam. 

This  Assembly  do  establish  Mr.  Ebenezer  Spencer  to  be 
Lieutenant  of  the  north  company  or  trainband  in  the  parisli 
of  Hadlime  in  the  town  of  East  Haddam. 

This  Assembly  do  establish  Mr.  Elijah  Cone  to  be  Ensign 
of  the  north  company  or  trainband  in  the  parish  of  Hadlime 
in  the  town  of  East  Haddam. 

This  Assembly  do  establish  Mr.  John  Griswold  to  be 
Lieutenant  of  the  5th  company  or  trainband  in  the  town  of 
Windsor  in  the  1st  regiment  in  this  Colony. 

This  Assembly    do  establish  Mr.    Benjamin  Morris  to   be 


17P)0.]  OF    CONNECTICUT.  375 

Lieutenant  of  the  18th  company  or  trainband  in  the  11th 
regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Moses  Marcy  to  be  En- 
sign of  the  18th  company  or  trainband  in  the  11th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Theophilus  Candee  to  be 
Captain  of  the  11th  company  or  trainband  in  the  6ih  regi- 
ment in  this  Colony. 

This  Assembly  do  establish  Mr.  Nathaniel  Gilbert  to  be 
Lieutenant  of  the  11th  company  or  trainband  in  the  6th  regi- 
ment in  this  Colony. 

This  Assembly  do  establish  Mr.  Thomas  Ward  to  be  En- 
sign of  the  11th  company  or  trainband  in  the  6th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Isaac  Pinny  to  be  En- 
sign of  the  oth  company  or  trainband  in  the  town  of  Windsor 
in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Charles  Webb  to  be  Cap- 
tain of  the  2d  company  or  trainband  in  the  town  of  Stan- 
ford. 

This  Assembly  do  establish  Mr.  Ebenezer  Weed  3d  to  be 
Lieutenant  of  the  2d  company  or  trainband  in  fhe  town  of 
Stanford. 

This  Assembly  do  establish  Mr.  Amos  Weed  to  be  En- 
sign of  the  2d  company  or  trainband  in  the  town  of  Stan- 
ford. 

This  Assembly  do  establish  Mr.  Eleazer  Fitch  to  be  Cap- 
tain of  the  1st  company  or  trainband  in  the  5th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Jabez  Huntington  to  be 
Lieutenant  of  the  1st  company  or  trainband  in  the  oth  regi- 
ment in  this  Colony. 

This  Assembly  do  establish  Mr.  Ebenezer  Fitch  to  be  En- 
sign of  the  1st  company  or  trainband  in  the  5th  regiment  in 
this  Colony. 

[268]  This  Assembly  do  establish  Mr.  John  Mallary  to  be 
Captain  of  the  3d  company  or  trainband  in  the  town  of  Wood- 
bury in  the  13th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Elijah  Baker  to  be  Lieuten- 
ant of  the  3d  company  or  trainband  in  the  town  of  Woodbury 
in  the  13th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Charles  Thomas  to  be  En- 
sign of  the  3d  company  or  trainband  in  the  town  of  Wood- 
bury in  the  13th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  John  Wilson  to  be  Lieu- 


376  PUBLIC  RECOEDS  [May, 

tenant  of  the  company  or  trainband  in  the  town  of  Harwin- 
ton  in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Theophilus  Baldwin  to  he 
Lieutenant  of  the  1st  company  or  trainband  in  the  town  of 
New  Milford. 

This  Assembly  do  establish  Mr.  Benjamin  Gaylord  to  be 
Ensign  of  the  1st  company  or  trainband  in  the  town  of  New 
Milford. 

This  Assembly  do  establish  Mr.  Timothy  Benedict  to  be 
Captain  of  the  2d  company  or  trainband  in  the  town  of  Ridg- 
field. 

This  Assembly  do  establish  Mr.  James  Northrup  to  be 
Lieutenant  of  the  2d  company  or  trainband  in  the  town  of 
Ridgfield. 

This  Assembly  do  establish  Mr.  David  Rockwell  to  be  En- 
sign of  the  2d  company  or  trainband  in  the  town  of  Ridg- 
field. 

This  Assembly  do  establish  Mr.  Daniel  Wheeler  to  be  En- 
sign of  the  company  or  trainband  in  the  northern  part  of  the 
parish  of  Greenfield  in  the  4th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Joshun  Jones  to  be  Lieu- 
tenant of  Ihe  com})any  or  trainband  in  the  })arish  of  New 
Salem  in  the  12th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Joshua  Ransom  to  be  En- 
sign of  the  com])any  or  trainband  in  the  parish  of  New 
Salem  in  the  12th  regiment  in  this  Colony. 

Tliis  Assembly  do  establish  Mr.  Daniel  Booth  to  be  Ca]»tain 
of  the  2d  company  or  trainband  in  the  town  of  Stratford  in 
tlie  4th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Ei)hraim  Wheeler  to  be 
Ensign  of  the  2d  company  or  trainband  in  the  town  of  Strat- 
ford in  the  4th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Silas  Hutchins  to  be 
Captain  of  the  14th  company  or  trainband  in  the  11th  regi- 
ment in  this  Colony. 

This  Assembly  do  establish  Mr.  William  Danielson  to  be 
Lieutenant  of  the  14th  company  or  trainband  in  the  11th 
regiment  in  this  Colony. 

Tliis  Assembly  do  establish  Mr.  Simeon  Spaulding  to  be 
Ensign  of  the  14th  company  or  trainband  in  the  11th  regi- 
ment in  this  Colony. 

This  Assembly  do  establisb  Mr.  Josiah  Stoddard  to  be  Lieu- 
tenant of  the  2d  company  or  i)ainband  in  the  town  of  Salis- 
bury. 

This  Assembly  do  establish  Mr.  James  Bird  to  be  Ensign 
of  the  2d  company  or  trainband  in  the  town  of  Salisliury. 


1760.]  OP    CONNECTICUT.  377 

This  Assembly  do  establisli  Mr.  Jonathan  Ives  to  be  Cap- 
tain of  the  15th  company  or  trainband  in  the  2d  regiment  in 
tliis  Colony. 

This  Assembly  do  establish  Mr.  Amos  Bradley  to  be  Lieu- 
tenant of  the  15th  company  or  trainband  in  the  2d  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Jacob  Atwater  to  be  En- 
sign of  the  15th  company  or  trainband  in  the  2d  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  James  Terrill  to  be  En- 
sign of  the  company  or  trainband  in  the  parish  of  New  Pres- 
ton in  the  13th  regiment  in  this  Colony. 

This  Assembly  do  esta})lish  Mr.  Ebenezer  Hinman  to  be  En- 
sign of  the  2d  company  or  trainband  in  the  town  of  Woodbury. 

This  Assembly  do  establish  Mr.  Job  Austin  to  be  Ensign 
of  the  company  or  trainband  in  the  parish  of  Stanwich  in  the 
9th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Ephraim  Baker  to  be  Cap- 
tain of  the  5th  company  or  trainband  in  the  town  of  Wood- 
bury. / 

This  Assembly  do  establisli  Mr.  John  Tracy  to  be  Lieuten^^^ 
ant  of  the  5th  company  or  trainband  in  the  town  of  Wood- 
bury. 

This  Assembly  do  establish  Mr.  Joseph  Osborn  to  be  Lieu- 
tenant of  the  13th  company  or  trainband  in  the  2d  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  John  Wooster  Ensign  of 
the  13th  company  or  trainband  in  the  2d  regiment  in  this 
Colony. 

[269]  This  Assembly  do  establish  Mr.  Henry  Brace  to  be 
Captain  of  the  4th  company  or  trainband  in  the  town  of 
Hartford  in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Timothy  Seymour  to  be 
Lieutenant  of  the  4th  company  or  trainband  in  the  town  of 
Hartford  in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Benjamin  Colton  to  be  En- 
sign of  the  4th  com})any  or  trainband  in  the  town  of  Hartford 
in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Thomas  Wadsworth  to  be 
Lieutenant  of  the  5th  company  or  trainband  in  the  town  of 
Hartford  in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Jobn  Arnold  to  be  Ensign 
of  the  5th  comjiany  or  trainband  in  the  town  of  Hartford  in 
the  1st  regiment  in  this  Colony. 

This  Assembly  do  establisli   Mr.  William  Woodford  to  be 
48 


378  PUBLIC   RECORDS  [May, 

Ensign  of  the  company  or  trainband  in  the  parish  of  North- 
ington  in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Benjamin  Williams  to  be 
Captain  of  the  8th  company  or  trainband  in  the  7tli  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Noah  Tucker  to  be  Ensign 
of  the  8th  company  or  trainband  in  the  7th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Henry  Silsby  to  be  Captain 
of  the  3d  company  or  trainband  in  the  5th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Benajah  Cary  to  be  Lieu- 
tenant of  the  3d  company  or  trainband  in  the  6th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Zebulon  Hibbard  to  be  En- 
sign of  the  3d  company  or  trainband  in  the  5th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Joseph  Riggs  to  be  Cap- 
tain of  the  4th  company  or  trainband  in  the  2d  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  John  Davis  to  be  Lieuten- 
ant of  the  4th  company  or  trainband  in  the  2d  regiment  in 
this  Colony. 

This  Assemlily  do  establish  Mr.  Joseph  Lnmm  to  be  En- 
sign of  the  4th  company  or  trainband  in  the  2d  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Nathaniel  Clark  to  be  En- 
sign of  the  3d  company  or  trainband  in  the  11th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Joel  Hotchkis  to  be  Cap- 
tain of  the  10th  company  or  trainband  in  the  2d  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Joseph  Beecher  to  be  Lieu- 
tenant of  the  10th  company  or  trainl)and  in  the  2d  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  John  Lines  to  be  Ensign 
of  the  10th  company  or  trainband  in  the  2d  regiment  in  tbis 
Colony. 

This  Assembly  do  establish  Mr.  Stephen  Steel  to  be  Ensign 
of  the  company  or  trainband  in  the  town  of  Tolland  in  the 
1st  regiment  in  this  Colony. 

An  Act   for  regulating   the  Market    and  ascertaining  [the   Weight  of 

Bunches  of  Onions. 

Whereas  there  are  great  quantities  of  onions  raised  in  this 
Colony  for  a  market,  and  it  is  Itecome  a  custom  to  make  up 
the  greatest  part  of  them  in  ropes  or  bunches,  and  no  rule 


1760.]  OF    CONNECTICUT.  379 

hath  been  fixed  for  the  number,  weight  or  measure  contained 
in  each  bunch,  for  want  of  which  great  inequality  and  injus- 
tice hath  liappened  :  For  remedy  whereof, 

Be  it  enacted  hy  the  Grovernor,  Ooujicil  and  Represe^itatives^ 
in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  for  the  future  no  onions  shall  be  offered  to  sale  that  are 
not  good  and  merchantable,  well  cured  and  dry,  nor  shall  any 
bunches  of  them  be  sold  or  offered  to  sale,  or  put  into  any 
land  or  water  carriage  to  be  transported  to  market,  that  are 
not  fully  cured,  well  and  firmly  bunched,  and  of  five  jtounds 
weight  at  least.  And  whosoever  shall  sell  or  offer  to  sale,  or 
put  into  any  land  or  water  carriage  in  order  to  be  transpor- 
ted to  market,  any  bunch  or  bunches  of  onions  that  shall  not 
be  fully  cured,  diy,  well  and  firmly  bunched,  and  of  five 
pounds  weight,  shall  forfeit  the  sum  of  six  pence  for  each 
bunch  that  shall  fall  short  of  the  weight  aforesaid,  to  be  re- 
covered to  him  who  shall  complain  thereof  and  prosecute  the 
same  to  effect. 

1270]  An  Act  for  Alteration  of  Part  of  the  LaTsr  of  this  Colony  entituled  An 
Act  for  the  equal  Division  and  Distribution  of  insolvent  Estates. 

Whereas  the  setting  forth,  dividing  and  distributing  the 
residue  and  remainder  of  such  estates  (after  the  debts  due  to 
this  government  and  for  sickness,  necessary  funeral  charges, 
and  cost  arising  in  settling  the  estate  and  claims  thereon  are 
subducted)  to  and  among  the  creditors  according  to  the  di- 
rections of  the  said  act  is  frequently  attended  with  great  in- 
conveniency  and  loss,  and  in  some  cases,  by  reason  of  the 
difficulty  of  making  divisions,  almost  ini])racticable :  There- 
fore, 

Be  it  enacted  by  the  Grovernor,  Council  and  Representatives^ 
in  Greneral  Court  assembled,  and  by  the  authority  of  the  same. 
That  when  the  estate  of  any  person  deceased,  on  report  of 
commissioners  made  as  in  said  act  is  directed,  shall  appear  to 
be  insolvent,  the  judge  of  the  probate  to  whom  such  report  is 
made  shall  order  and  set  out  to  the  widow  of  the  deceased  (if 
any  be)  such  necessary  household  goods  as  are  mentioned  in 
the  law  entituled  An  act  for  directing  and  regulating  the 
levying  and  serving  executions,  to  be  exempted  from  execu- 
tions ;  which  goods  so  set  out  shall  l)c  her  own  property. 
And  the  judge  shall  also  order  the  widow's  dower  to  be  set 
according  to  law.  And  the  residue  an4  remainder  of  said 
estate,  both  real  and  personal,  (including  that  set  out  for  the 
widow's  dower  and  under  that  incumbrance  of  her  holding  of 
it  for  life,)  the  judge  of  probate  shall  order  and  direct  the  ex- 
ecutor or  administrator,  executors  or  administrators,  ap- 
pointed to  administer  on  such  estate,  to  sell  in  such  way  and 


380  PUBLIC  RECORDS  [May, 

maimer  as  to  the  judge  shall  appear  safest  and  most  for  the 
benefit  of  the  creditors.  And  such  executors  and  administra- 
tors, being  so  ordered  and  directed,  shall  have  full  power  and 
authority,  and  they  are  hereby  authorized  and  impowered,  to 
make  sale  thereof  and  to  make  and  execute  legal  and  proper 
conveyances  to  the  })urchasers,  which  shall  be  good  evidence 
in  law  for  their  holding  the  same  accordingly.  And  such 
sales  being  made,  the  said  executors  and  administrators  shall 
render  account  to  the  judge  of  probate  of  the  amount  there- 
of and  the  monies  arising  thereby,  and  the  judge  shall  there- 
on order  full  payment  to  be  made  of  the  debts  due  to  this 
government  and  for  sickness,  necessary  funeral  expences  and 
the  incident  charges  of  settling  and  selling  the  estate,  and  the 
residue  to  be  paid  to  the  several  creditors  who  have  made  out 
and  evidenced  their  claims  according  to  the  directions  of  the 
act  aforesaid,  in  proportion  to  the  sums  to  them  respectively 
owing.  The  like  method  shall  be  taken  in  regard  to  estates 
already  represented  and  appearing  to  be  insolvent,  where 
distribution  and  division  thereof  has  not  been  made  to  and 
among  the  creditors  according  to  the  direction  of  the  act 
aforesaid ;  any  law,  usage  or  custom  in  any  wise  heretofore 
to  the  contrary  notwithstanding. 

An  Act  for  reviving;  and  in  Addition  to  an  An  Act  of  this  Assembly  made 
and  passed  in  their  Sessions  in  March  last  entituled  An  Act  in  further 
Addition  to  the  Law  entituled  An  Act  providing  in  Case  of  Sickness. 

Whereas  it  was  provided  in  said  act  that  the  same  should 
continue  in  force  until  the  first  day  of  June  next,  and  no 
longer :     Therefore, 

[271]  Be  it  enacted  by  the  Governor,  Council  and  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  au- 
thority of  the  same.  That  the  said  act  entituled  An  act  in 
further  addition  to  the  law  entituled  An  act  providing  in  case 
of  sickness,  be  revived,  and  the  same  is  bereby  revived  in 
every  part  and  paragraph  thereof,  to  be  and  continue  until 
the  last  day  of  May  next. 

And  it  is  also  further  enacted  by  the  authority  aforesaid.  That 
the  civil  authority  and  selectmen  of  any  town  in  this  Colony 
shall  not  grant  permission  for  the  small-pox  to  be  communi- 
cated by  way  of  inoculation  until  the  approbation  of  such 
town  by  tlieir  legal  vote  in  town  meeting  be  first  had  and  ob- 
tained. 

Whereas  some  of  the  soldiers  enlisted  into  the  several  regi- 
ments raised  in  tliis  Colony  for  the  present  campaign  against 
Canada,  thro'  the  hurry  of  business  and  the  want  of  a  justice 
of  the  peace  at  the  time  of  enlistment,  may  have  marched  and 
gone  to  the  general  rendezvous  without  having  the  oath  of 
fidclily  administered  to  them,  for  want  of  which  and  a  certifi- 


1760.]  OF    CONNECTICUT.  381 

cate  thereof  some  objections  or  disputes  may  arise :  For  re- 
moval whereof  and  that  every  soldier  may  be  duly  qualified 
and  obligated  for  his  Majesty's  service,  this  Assembly  do  here- 
by appoint,  authorize  and  impowcr  the  commanding  officer  of 
each  regiment  raised  as  aforesaid,  to  administer  the  said  oath 
of  fidelity  to  every  soldier  inlisted  in  his  regiment,  as  fully  as 
a  justice  of  the  peace  might  have  done,  and  thereof  to  make 
l»roper  certificates  as  far  as  the  same  sliall  be  found  needful 
for  duly  qualifying  them  for  said  service  and  for  receiving  the 
bpnefits  and  advantages  thereof. 

Whereas  the  General  Assembly  of  this  Colony  in  their  ses- 
sion in  October  last  appointed  a  committee  to  lay  out  and 
ascertain  a  highway  thro'  the  Green  Woods  &c.  from  or  near 
the  mansion-house  of  Samuel  Humphry  late  of  Symsbury, 
deceased,  towards  Col.  David  Whitney's  in  Canaan,  and  by 
sufficient  and  durable  monuments  effectually  to  describe  the 
same,  which  said  committee  have  since  performed  the  same 
and  thereof  have  made  report  to  this  Asseml)ly,  which  is  ap- 
proved and  accepted  by  this  Asseml)ly;  which  said  way  laid 
out  and  ascertained  as  aforesaid  begins  at  about  four  rods 
west  of  the  late  mansion-house  of  the  said  Samuel  Humphrys, 
late  of  Symsbury,  deceased,  from  tlience  running  thro'  part  of 
the  town  of  Symsbury,  New  Hartford,  Bark-Hamstcad,  Win- 
chester, Colebrook  and  Norfolk;  which  road  or  highway 
being  of  common  and  pul)lic  benefit  and  necessary  soon  to 
liave  cleared  and  made  feasible  for  travelling:  Therefore, 

Resolved  by  this  Assembly^  That  said  highway  be  cleared 
and  made  feasible  for  travelling  on  or  before  the  20th  day  of 
November  A.D.  1761  ;  and  in  order  thereto,  that  each  town 
thro'  which  said  highway  runs  that  is  settled  and  incorpor- 
ated as  such  shall  take  effectual  care  and  cause  that  said 
highway  within  the  limits  of  such  town  be  by  such  town 
cleared  and  made  feasible  for  travelling,  both  for  teams  and 
for  horse,  by  the  time  aforesaid;  and  also  that  the  proprietors 
of  each  of  such  townsliips  not  settled  with  town  priviledges 
thro'  which  said  highway  runs  as  aforesaid  shall  cause  that 
said  highway  be  cleared  and  made  feasible  as  aforesaid  by 
the  time  limited  as  abovesaid.  And  that  Capt.  Daniel 
Lawrence  jun^  of  Canaan,  Messrs  Martin  Smith  jun""  of  New 
Hartford  and  Oliver  Humphry  of  Symsbury,  be  and  they  are 
hereby  appointed  a  committee  to  notify  such  towns  and  pro- 
prictees  of  what  is  enjoyncd  them  by  this  act,  as  also  to  in- 
spect and  take  effectual  care  that  this  act  l)e  comply'd  with ; 
and  in  order  thereto  said  committee  are  hereby  directed  to 
[272]  have  a  copy  of  this  act  lodged  with  the  town  clerk  of  || 


382  PUBLIC  RECOEDS  [May, 

such  incorporated  towns  as  aforesaid  and  also  with  the 
clerk  of  each  of  said  proprieties  on  or  before  the  first  day 
of  August  next,  that  such  towns  and  proi)rieties  may 
have  due  notice  thereof.  To  which  ])ur})Ose  such  several 
town  clerks  shall,  within  ten  days  after  their  receipt  of  such 
copy,  read  the  same  unto  or  Ipave  a  true  and  attested  tran- 
script thereof  with  or  at  the  usual  abode  of  (at  least)  the  ma- 
jor part  of  the  selectmen  of  their  respective  towns ;  and  the 
said  propriety  clerks  shall  in  like  manner  give  notice  hereof 
to  (at  least)  five  of  the  principal  proprietors  of  their  several 
and  respective  proprieties. 

Ajid  it  is  further  resolved,  That  if  any  or  cither  of  said 
towns  or  proprieties  thro'  which  said  highway  runs  shall 
neglect  or  refuse  the  same  to  clear  and  make  feasible  for  use 
as  aforesaid  and  not  effect  the  same  by  said  limited  time, 
they  are  hereby  directed  to  take  such  other  or  further  measure 
to  that  end,  at  the  expence  of  the  town  or  propriety  so  failing, 
as  may  without  fail  accomplish  the  said  service  at  or  before 
the  first  day  of  May  which  will  be  A.D.  1762.  And  in  order 
thereto  said  committee  are  impowered  to  lay  a  tax  on  the  in- 
habitants of  such  town  and  on  the  propriety  of  such  township 
that  shall  neglect  as  aforesaid,  to  l)e  proportioned  as  to  the 
particular  persons  in  the  same  manner  as  other  taxes  by  law 
are,  and  to  appoint  a  collector  or  collectors  for  that  purpose, 
and  to  make  up  and  prepare  a  rate-bill  with  a  lawful  warrant 
signed  l)y  proper  authority  im])0wering  such  collector  to  col- 
lect the  same  and  the  same  deliver  to  such  committee  for  the 
defraying  the  cost  and  charge  thereon  arisen.  And  in  case 
such  towns  and  proprieties  shall  in  whole  or  in  part  effect 
said  service  by  themselves,  they  are  in  such  case  hereby  im- 
powered and  directed  to  tax  themselves  &c.  as  al)ovesaid,to  de- 
fray the  expence  of  such  service  so  by  and  among  themselves 
performed. 

Whereas  on  the  meuiorial  of  Abner  Sessions,  one  of  the 
proprietors  of  Union,  and  the  rest  of  the  proprietors  of  said 
Union,  respecting  the  bounds  between  said  town  of  Union  and 
the  town  of  Woodstock  having  never  been  duly  fixed  and  as- 
certained, preferred  to  the  General  Asseml)ly  at  their  session 
in  May  last,  praying  for  a  committee,  on  which  said  Assembly 
did  appoint  Thomas  Wells,  Esq"",  Zebulon  West  and  Benja- 
min Kent  a  committee  to  repair  to  the  place  controverted 
between  said  towns,  to  hear  the  parties,  their  evidences  with 
respect  to  said  l)Ounds,  to  set  out  the  same  where  it  ought  to 
be,  and  of  their  doings  make  ivport  &g.  :  Whereupon  said 
committee  having  repaired  to  said  place  and  having  heard  tiie 


1760.]  OF    CONNECTICUT.  S83 

parties,  all  their  evidences  and  exhibits  respecting  the  bounds 
between  said  two  towns,  were  of  opinion  that  the  dividing- 
line  between  the  said  town  of  Woodstock  and  said  town  of 
Union  ought  to  begin  at  a  heap  of  stones  at  the  northeast 
corner  of  tlie  town  of  Ashford  lying  about  nine  rods  and  half 
westward  from  a  heap  of  stones  on  a  rock  called  Allyn's 
Rock,  and  from  thence  to  run  north  about  five  degrees  and  20 
minutes  east  about  four  miles  and  a  half  to  a  larger  lieap  of 
stones  on  the  nortlierly  side  of  a  hill,  being  the  reputed  north- 
west corner  of  the  bounds  of  Woodstock,  which  line  by  in- 
formation was  run  and  ascertained  by  commissioners  from 
the  Province  of  the  Massachusets  Bay  and  this  Colony  A.D. 
1734.  And  said  committee  having  renewed  several  of  the 
monuments  in  said  line  made  their  report  to  the  General  As- 
sembly held  at  New  Haven  in  October  last,  and  continued  to 
this  sessions,  when  the  same  was  accepted  and  approved :  Re- 
solved by  this  Assembly,  that  the  aforesaid  line  affixed  by 
said  committee  and  as  above  reported  be,  and  the  same  shall 
henceforth  be  and  remain,  the  jiropcr  dividing  line  between 
[273]  said  town  of  Woodstock  and  said  town  ||  of  Union,  to 
which  each  of  said  towns  are  to  conform  accordingly. 

Whereas  this  Assembly  at  their  session  in  May  last,  on  the 
memorial  of  the  inhabitants  of  New  London,  appointed  Jona- 
than Trumble  and  Joseph  Fowler,  Esq^^s,  a  committee  to  re- 
pair to  and  view  the  Mohegan  and  Indian  lands  in  the  town- 
ship of  New  London  resjiecting  highways,  and  to  report  their 
opinion  thereon  to  this  Assembly  to  be  held  in  Octo])er  then 
next,  and  by  reason  of  sickness  nothing  was  done  therein,  and 
that  this  Assembly  in  their  session  in  said  October  did  ap- 
point and  joyn  Jabez  Hamlin,  Esq"",  with  said  committee  to 
view  and  report  to  this  Assembly  on  the  premises  referred  to, 
as  by  the  resolve  of  this  Assembly  in  said  October  appears ; 
and  whereas  by  sundry  reasons  the  said  business  is  not  yet 
com  pleat:  Resolved  by  this  Assembly,  that  Joshua  West,  Esq% 
be  joyned  with  the  said  Jonathan  Trumble,  Joseph  Powlei- 
and  Jabez  Hamlin,  Esq""^,  a  committee  for  the  purpose  above 
referred  to,  they  or  any  two  of  them  view  and  make  report  to 
this  Assembly  to  be  convened  at  New  Haven  in  October  next. 
All  at  the  cost  of  the  town  of  said  New  London. 

Whereas  the  church  and  society  of  Pequannack  have  been 
for  a  considerable  time  destitute  of  a  settled  minister  and  no 
measures  hitherto  taken  to  procure  the  settlement  of  one 
among  them,  and  the  North  Association  in  the  county  of 
Hartford  have  laid  the  same  unhappy  case  before  this  As- 
sembly by  their  memorial  thereon,  dated  April  17th  1760, 


384  PUBLIC   RECORDS  [May, 

with  a  certificate  that  said  memorial  hath  been  duly  made 
known  to  said  society  and  a  copy  thereof  left  with  the  clerk  of 
said  Pequannack:  Resolved  and  ordered  by  this  Assembly, 
that  the  said  society  appear  before  this  Assembly  on  Friday 
the  23d  day  of  May  instant,  to  shew  reasons  (if  any  they 
have)  why  this  Assembly  shall  not  proceed  with  them  accord- 
ing to  law  in  such  case  made  and  provided ;  and  that  the 
Secretary  forthwith  do  send  an  attested  copy  of  this  act  to  the 
society  clerk  in  said  society,  which  shall  be  a  sufficient  notifi- 
cation thereof  to  them. 

It  appearing  to  this  Assembly  that  the  fourfold  assessments 
u})on  the  list  of  the  town  of  Mansfield  for  the  year  1758,  and 
by  the  listers  of  said  town  sent  in  to  the  Assembly  in  May 
last,  being  the  sum  of  X366  15s.  6d.  by  some  mistake  was  re- 
ceived and  entered  as  and  for  single  additions,  whereby  said 
listers  have  lost  the  benefit  of  one  half  of  the  tax  granted  and 
levied  on  said  fourfold  assessment:  It  is  therefore  resolved, 
that  the  Treasurer  pay  out  of  the  treasury  of  this  Colony  unto 
said  listers  of  said  town  for  the  year  1758,  the  sum  of  £9 
18s.  8d.  being  the  one  half  part  of  said  tax  as  levied  and  col- 
lected on  said  fourfold  assessment. 

His  Honour  the  Governor  having  laid  before  this  Assembly 
a  letter  from  his  Excellency  Governor  Pownal,  representing 
the  distressed  circumstances  to  which  many  of  the  inhalntants 
of  the  town  of  Boston  were  reduced  by  the  great  fire,  which 
happened  there  on  the  20th  of  March  last,  that  about  two 
hundred  and  twenty  families  were  turned  out  of  doors  there- 
by, and  many  of  the  unhappy  sufferers  so  reduced  as  to  be 
rendered  incapable  of  subsisting  themselves,  and  so  become 
the  proper  objects  of  charity;  and  that  the  calamity  was  so 
great  and  extensive  that  the  means  of  relief  from  among 
themselves  and  by  the  contributions  of  their  own  inhabitants 
was  greatly  inadequate  to  the  loss:  therefore  desiring  it 
might  be  recommended  to  the  people  of  this  government  to 
assist  in  relieving  their  distressed  fellow  subjects,  and  that 
what  might  be  collected  on  this  occasion  to  be  remitted  to  the 
selectmen  and  overseers  of  the  poor  of  the  town  of  Boston, 
with  whom  is  to  be  lodged  the  collections  made  in  that 
government,  to  be  distributed  among  the  sufferers  as  they  in 
their  discretion  shall  judge  proper :  Whereupon  this  Assembly 
considering  the  distressed  and  necessitous  condition  of 
many  of  those  unhap[)y  sufferers  and  the  large  supplies 
[274]  requisite  for  the  relief  ||  of  so  many  objects  of  Christian 
charity,  judge  it  to  be  a  duty  incumbent  on  the  people  of  this 
Colony  to  extend  their  liberality  for  relieving  the  necessities 


1760.]  OP    CONNECTICUT.  385 

of  their  fellow  men  reduced  to  such  distress ;  and  therefore  do 
hereby  recommend  their  case  to  the  charitable  notice  of  the 
inhabitants  in  this  government,  to  be  manifested  by  proper 
contributions  for  relieving  the  pressing  necessities  of  those 
sufferers.  And  for  that  purpose  the  ministers  of  the  several 
congregations  in  the  Colony  are  hereby  directed  to  pu])lish 
this  order  on  the  next  Lord's  day  after  receiving  a  printed 
copy  thereof  ,  and  to  appoint  a  time  for  the  contribution  to  be 
made.  And  what  shall  l)e  collected  in  each  congregation  in 
the  county  of  Hartford  shall  be  delivered  to  John  Ledyard, 
Esq"",  and  of  those  in  the  county  of  New  Haven  to  John 
Whiting,  Esq'',  and  of  those  in  the  county  of  New  London  to 
Mr.  David  Gardner,  and  of  those  in  the  county  of  Fairfield  to 
David  Rowland,  Esq"",  and  of  those  in  the  county  of  Wind- 
ham to  Samuel  Gray,  Esq"",  and  of  those  in  the  county  of 
Litchheld  to  Elisha  Sheldon,  Esq'',  who  are  to  acquaint  the 
selectmen  and  overseers  of  the  poor  of  the  town  of  Boston 
therewith,  that  they  may  receive  the  same  for  the  use  and 
purposes  aforesaid. 

This  Assembly  do  appoint  Gideon  Cobb  of  Canterbury 
County  Surveyor  for  the  county  of  Windham,  in  the  room  of 
Jabez  Fitch  junr,  who  has  resigned  said  office. 

An  Act  forreviving^  of  an  Act  of  this  Assembly  made  and  passed  in  their 

Sessions  in  March  1 755,  entituled  An  Act  for  securing-  of  Soldiers  listed 

and  taken  into  his  Majesty's  Service  from  Arrests. 

Whereas  it  was  provided  in  said  act  that  the  same  should 
continue  in  force  until  the  sessions  in  October  then  next,  and 
no  longer, 

Resolved  hy  this  Assembly^  That  the  said  act  and  every 
paragraph  thereof  shall  be  and  the  same  is  hereby  revived, 
and  every  part  and  paragraph  thereof  shall  be  and  remain  in 
force  until  the  end  of  the  sessions  of  this  Assembly  in  Oc- 
tober next. 

Resolved  by  this  Assembly^  That  the  Treasurer  of  this 
Colony  pay  to  Mr.  Timothy  Green,  printer  to  the  Governor 
and  Company,  the  sum  of  .£28  13s.  Oi/.  in  full  of  his  last  half- 
year's  salary  and  of  his  accompt  for  extra  services  to  this  As- 
sembly. 

The  Sum  Total  of  the  Additional  Lists  sent  to  this  Assembly  from  the 

several  Tow^ns. 

Single  Additions.  Fourfold  Additions. 

Hartford, 
New  Haven, 
New  London, 
Fairfield, 
Windham, 
Litchfield, 

49 


£835 

14 

6 

576 

3 

866 

13 

0 

1004 

i 

6 

78 

() 

0 

£322 

IC) 

0 

1595 

16 

0 

254 

8 

0 

3721 

4 

0 

838 

0 

0 

386 


PUBLIC    RECORDS 


[May, 


Single  Additions. 

Fourfold  Additions. 

Norwich, 

£210 

10 

0 

.  X106 

6 

0 

Mansfield, 

57 

12 

6       . 

507 

13 

0 

Stamford, 

233 

18 

0 

.     270 

8 

0 

Guilford, 

65 

0 

0       . 

972 

9 

0 

Greenwich, 

1761 

19 

2 

.   1505 

17 

0 

Farming-ton, 

1098 

0 

0       . 

262 

19 

0 

Durham, 

180 

8 

10 

36 

14 

0 

Suffield, 

1358 

10 

0       . 

Harwinton, 

229 

0 

0 

Goshen, 

New  Hartford 

,    130 

9 

0 

Danbury, 

257 

14 

9i     . 

.         .    '     165 

0 

0 

Norwalk, 

811 

0 

9 

Plaiufield, 

384 

13 

0       . 

.    '     .    '       48 

0 

0 

New  Milford, 

639 

15 

6 

Killing-worth, 

184 

17 

6       . 

.   *     .   "       40 

0 

0 

Saybrook, 

1541 

9 

9 

.       35 

10 

0 

Sommers, 

Stafford, 

1483 

4 

0 

Sharon, 

Milford, 

561 

19 

0 

'    .     '    .   1730 

10 

0 

Colchester, 

1338 

11 

0       . 

542 

12 

0 

Wallingford, 

889 

1 

0 

.     113 

12 

0 

Canterbury, 

154 

12 

6 

398 

12 

6 

Symsbury, 

828 

16 

0 

Salisbury, 

286 

13 

0       . 

.    '     .         Ill 

0 

0 

Waterbury, 

612 

10 

6 

.       22 

18 

0 

Branford, 

188 

5 

0       . 

586 

11 

0 

Windsor, 

945 

7 

10 

.     362 

8 

0 

Newtown, 

216 

9 

1       . 

Kent, 

Lyme, 

1646 

19 

0       . 

Enfield, 

557 

1 

0 

.612 

6 

0 

Pomfret, 

460 

17 

6       . 

471 

16 

0 

Haddam, 

233 

17 

0 

.289 

11 

0 

Tolland, 

525 

7 

0       . 

248 

0 

0 

[275]  Resolved  by  this  Assembly.,  That  the  Treasurer  of 
this  Colony  be  and  hereby  is  directed  to  pay  unto  Mrs.  Hannah 
Ingersole,  attorney  to  Jared  Ingersole,  Esq"",  Agent  for  this 
Colony  at  the  Court  of  Great  Britain,  the  sum  of  one  hundred 
pounds  toward  the  salary  granted  to  said  Jared  Ingersole, 
Esqr. 

This  Assembly  do  appoint  Capt.  Titus  Hurlbutt  to  take 
into  his  care  the  Battery  at  New  London,  together  with  all 


1760.]  OF    CONNECTICUT.  387 

the  stores  thereto  belonging ;  and  the  said  Hurlbntt  is  further 
impowered  to  appoint  some  suitable  person  to  be  gunner  there- 
of, and  that  on  the  fii'st  day  of  June  next  he  inlist  or  detach 
twenty  men  near  said  battery,  to  be  under  the  care  and  com- 
mand of  said  Hurlbutt,  to  assist  him  in  said  battery,  and  that 
one  of  said  men  duly  attend  the  said  cai)tain's  command  in 
his  turn  to  watch  and  ward  in  said  battery  from  the  said  first 
day  of  June  until  the  first  day  of  October  next.  That  said 
Captain  Titus  Hurlburt  shall  be  allowed  for  his  services  six 
pounds,  and  that  each  man  shall  be  allowed  for  his  service 
three  shillings  per  day  for  each  day  he  shall  ward  and  watch, 
that  the  gunner  shall  be  allowed  for  his  service  two  pounds. 

Resolved  hy  this  Assembly,   That  the  pay  of  the  several 
lieutenants  and  ensigns  who  shall  with  the  troops  raised  or 
to  be  raised  by  this  government  go  into  the  camjjaign  now 
on  foot  against  Canada  shall  be  as  follows,  viz: 
To  each  lieutenant  of  a  company  per  month,  X  6  0  0 

To  each  ensign  per  month,  5  0  0 

And  it  is  also  further  resolved,  That  to  each  chief  com- 
manding officer  of  the  several  companies  who  may  become 
paymasters  for  their  respective  companies,  or  to  othei's  to  be 
occasionally  appointed,  be  allowed  a  premium  of  one  and  an 
half  ^er  cetiturn  for  their  care  and  trouble  in  discharging  such 
their  betrustment :  such  premium  to  be  computed  on  the  whole 
amount  of  all  such  sum  or  sums  of  money  as  they  may  receive 
and  pay  out  to  the  officers  and  men  of  their  companies,  on 
what  account  or  under  what  denomination  soever  received. 

This  Assembly  being  certified  that  there  still  remains  a 
considerable  deficiency  in  the  levies  of  the  immber  of  troops 
in  March  last  voted  and  granted  to  be  raised  to  act  in  con- 
junction with  his  Majesty's  regular  forces  for  the  compleat 
reduction  of  Canada,  and  that  some  encouragement  more  than 
was  then  granted  seems  necessary  to  expedite  the  compleating 
said  levies, 

It  is  thereupon  further  resolved,  That  all  such  able-bodied 
and  effective  men  as  having  served  in  either  of  the  former  cam- 
paigns during  the  present  war  as  already  have  or  at  any  time 
before  or  on  the  first  day  of  June  next  shall  voluntarily  enlist 
into  said  service  shall  receive  and  be  allowed  as  a  premium 
the  sum  of  forty  shillings  in  addition  to  the  bounties  and  en- 
couragements heretofore  granted  and  ordered  to  be  paid  to 
them  before  their  march  out  of  this  government;  and  also 
each  able-bodied  and  effective  man,  as  well  non-commissioned 
officer  as  soldier,  who  liave  enhsted  or  shall  enlist  into  said 
service  shall  receive  and  be  allowed  four  shillings  per  month 
in  addition  to  the  wages  heretofore  granted  and  ordered. 


388  PUBLIC   RECORDS  [May, 

Upon  the  petition  oi'  Zechuriali  Seymour,  of  Hartford  in 
the  county  of  Hartford,  vs.  Joseph  Sheldon  of  said  Hartford, 
as  on  file,  the  question  was  put,  whetlier  the  prayer  of  said 
petition  sliould  be  granted:  Resolved  l)y  this  Assembly  in  the 
negative.  Cost  aUowed  respondent  is  £i  3s.  Qd.  laivful  money. 
Ex.  granted  July  \OtJi,  1760. 

On  the  petition  of  Jonathan  Trueman,  of  New  London  in 
the  county  of  New  London,  vs.  Hezekiah  Bebee  of  New  London 
aforesaid,  as  on  file,  the  question  was  put,  whether  the  prayer 
of  said  {)etition  should  be  gi-anted :  Resolved  l)y  this  Assembly 
in  the  negative.  Cost  allowed  respondent  is  £2  9s.  4:d.  laivful 
money. 

[276]  Upon  the  petition  of  Jahez  Lyon,  John  May  and  a 
numbei"  of  the  inhabitants  of  the  first  society  in  the  town  of 
Woodstock,  shewing  the  unhappy  and  divided  state  of  said 
society,  complaining  that  said  society  hath  laid  illegally  a  tax 
of  one  penny  half  penny  on  the  list  of  said  society  and  also 
one  other  rate  or  tax  of  two  pence  on  the  pound  on  the  list 
aforesaid ;  praying  that  the  votes  for  raising  said  rates  or 
taxes  may  be  set  aside  and  made  void  &c.:  Resolved  by  this 
Assembly,  that  all  further  proceedings  for  the  levying  and 
collecting  said  rates  or  taxes,  or  either  of  them,  l)e  and  the 
same  is  hereby  suspended  till  the  I'ising  of  this  Assembly  in 
October  next,  and  that  the  Hon'^'<'  William  Pitkin,  Esq"".  Jabez 
Hamlin  and  William  Wolcott,  Esq''%  be  and  hereby  are  appoint- 
ed a  committee,  at  the  charge  of  said  society,  to  repair  to 
said  first  society  of  Woodstock,  call  all  said  contending  parties 
before  them,  hear  them  in  all  their  pleas,  allegations  and 
evidences,  and  use  their  best  endeavours  to  bring  said  con- 
tending parties  to  accommodate  and  make  a  settlement  of  all 
matters  of  difference  subsisting  between  them,  and  of  the 
true  state  and  circumstances  of  said  society  and  the  minister 
thereof,  respecting  their  present  differences  and  difficulties, 
and  of  their  opinion  on  the  whole,  make  report  to  this  Assem- 
bly in  October  next ;  and  the  further  consideration  of  said 
petition  is  hereby  referred  to  the  sessions  of  this  Assembly  in 
October  next. 

Upon  the  petition  of  Hezekiah  Andrus,  of  Canaan  in  Litch- 
field county,  representing  to  this  Assembly  that  Benjamin 
Farrar,  an  absconding  person,  recovered  a  judgment  of  the 
superior  court  holden  at  Hartford  in  and  for  Hartford  county 
on  the  first  Tuesday  of  March  A.D.  1760,  against  him,  the 
said  Andrus,  for  the  sum  of  £14  lis.  8(^.  lawful  money 
damages  and  <£9  18s.  llt^.  like  money  cost,  which  judgment 
was  rendered  against  said  Andrus  for  the  non-payment  of  a 


1760.]  OF    CONNECTICUT.  389 

note  of  hand  by  him  given  to  said  Farrer;  complaining  said 
note  was  fi-audnlently  procured  by  said  Farrar;  praying  the 
equitable  interposition  of  this  Asseral)ly:  This  Assembly  do 
appoint  Col.  John  Chester  of  Weathersfield,  Mr.  William 
Wolcott  of  Windsor,  and  Col.  ^^amuel  Talcott  of  Hartford, 
Esq''%  a  committee  to  enquire  into  and  concerning  all  the 
matters  allcdged  and  complained  of  in  said  ))etition,  and  to 
make  report  of  the  state  of  the  cause  with  their  opinion  there- 
on to  the  General  Assembly  of  Connecticut  Colony  to  be 
holden  at  New  Haven  in  and  for  said  Colony  on  the  second 
Thursday  of  October  next.  And  it  [is]  also  resolved  by  this 
Assembly,  that  execution  on  the  said  judgment  of  the  superior 
court  aforesaid  be  suspended,  stayed  and  not  executed  until 
the  rising  of  said  Asseml)ly  in  Octol)cr  next. 

Upon  the  petition  of  John  Packer,  Benajah  Packer,  Mary 
Stewart,  John  Stedman  and  Elizabeth  his  wife,  William  Hold- 
ridge  and  Sarah  his  wife,  all  of  Groton,  versus  John  Dean  of 
Stonington,  shewing  to  this  Assembly  that  said  John  Dean 
bro't  his  action  against  said  petitioners  demanding  partition 
of  about  three  hundred  and  eighty  acres  of  land  in  Groton 
aforesaid,  bounded  and  described  in  the  plaintiff's  declaration, 
alledging  that  said  petitioners  and_  said  Dean  were  seized  of 
said  lands  as  tenants  in  common  etc.,  which  action  came  to  a 
final  trial  at  the  superior  court  held  at  Norwich  on  the  fourth 
Tuesday  of  March  last,  at  which  trial  said  Dean  ob- 
[277]  tained  ||  judgment  for  partition  of  said  land  as  de- 
manded &c. ;  further  shewing,  that  said  petitioners  have  since 
said  trial  found  new  evidence  &g.  ;  j)raying  for  a  new  trial  in 
said  action,  as  per  petition  on  file:  Resolved  l)y  this  Assembly, 
that  said  petitioners  have  the  liberty  of  another  trial  in  said 
action  at  the  superior  court  to  be  held  at  New  London  with- 
in and  for  the  county  of  New  London  on  the  fourth  Tuesday 
of  September  next,  l)y  way  of  review ;  and  that  the  cost  from 
the  beginning  follow  the  said  trial  in  September  aforesaid. 

Whereas  on  the  petition  of  Solomon  Drown  and  others,  cred- 
itors on  the  estate  of  David  Nevens  late  of  Canterbury,  de- 
ceased, to  the  General  Assembly  at  their  sessions  at  New 
Haven  in  October  last,  complaining  that  the  said  David 
Nevins  before  his  death  was  indebted  to  them  &g.  in  large 
sums  on  the  credit  of  a  large  estate  botli  real  and  personal  he 
then  had  in  his  hands,  and  he,  the  said  Nevins,  had  executed 
to  Col.  Simon  Lothrop  of  Norwich  a  bill  of  sale  of  all  his  per- 
sonal estate  and  a  deed  of  sale  of  all  his  real  estate  in  trust, 
to  defeat  the  said  creditors,  and  that  the  said  deed  was  fraud- 


390  PUBLIC   RECORDS  [May, 

ulent  as  to  tlie  creditors  of  said  Nevcns  &c.;  that  they  by  means 
thereof   have  been  defeated  of   tlieir  just  dues  «fec.,  as  per 
petition  on  file  may  appear  :  Whereupon  said  October  As- 
sembly did  appoint  Jonathan  Trumble,  Christopher  Avery, 
and  William  Williams,  Esq''^,  a  committee  to  enquire  and 
find  out  the  truth  of  the  matters  in  said  petition  contain'd, 
examine  all  parties,  and  of  what  they  should  find  &c.  to  make 
report  to  this  Assembly :  Whereupon  said  committee  having 
made  due  inquiry  into  all  matters  complained  of  and  to  them 
referred    by  said  act,  examin'd  all   witnesses,  exhibits  &g. 
relative   thereto,   their   report    thereon   have   made   to   this 
Assembly,  that  the  said  David  Nevens  was  indebted  to  the 
Governor  and  Comj^any  of  this  Colony  and  to  the  petitioners 
and  sundry  others  in  large  sums  of  money,  and  that  the  said 
Nevens  on  the  7th  day  of  February  1755,  in  order  to  ])revent 
his  creditors  seizing  on  his  estate  &c.,  agreed  with  the  said 
Simon  Lothro])  and  then  executed  to  said  Lothrop  a  deed  of 
sale  of  three  tracts  of  lands  situate  in  the  township  of  Canter- 
bury, containing  by  estimation  three  hundred  and  sixty  acres, 
butted  and  bounded  as  in  said  deed  is  e:jf pressed  and  of  record 
may  appear,  and  that   said  Lothrop  then  executed  to  said 
Nevens  a  certain  obligation  for  the  sum  of  thirty  thousand 
])ounds  old  tenor,  with  conditions  that  if  the  said  Nevens  pay 
to  the   said  Lothrop,  liis  heirs  &c.  all  the  money  the  said 
Nevens  then  owed  to  said   Lothrop  and  for  his  charge  and 
trouble  in  hiring  sterliug  money  and  Connecticut  bills  to  pay 
what  said  Nevens  owed  the  Governor  and  Company  &c,  and 
all  tlie  money  said  Lothroj)  should  jiay  to  discharge  any  of 
said  Nevens's  debts  &c.  then  said  Lothrop  to  make  and  execute 
a  deed  of  release  and  quit-claim  to  the  said  three  [neces  of 
laud,  as  by  said  bond  and  conditions  annexed  may  more  at 
large  ap])ear  ;  and  that  at  the  same  time  said  Nevens  executed 
to  the  said  Lothroj)  a  bill  of  sale  of  his  stock  of  creatures, 
farming  tools,  household  goods,  and  all  his  shop  goods,  and 
that  at  the  same  time  the  said  Lothrop,  in  consideration  for 
said  goods,  executed  to  said  Nevens  an  obligatory  bond   for 
tlie  sum  often  thousand  i»ounds  old  tenor  conditioned  for  the 
[278]   payment  of  five  thousand  pounds  old  tenor,  aud  that 
the  said  Nevens  gave  the  said  Lothrop  a  receipt  for  said  five 
thousand  pounds  &c.     And  that  it  appears  by  said  Lothroj) 
and  Nevens  their  accounts,  that  at  that  time  the  balance  was 
in  favour  of  said  Nevens,  but  that  at  the  time  of  said  Nevens 
his  death  he  was  indebted  to  said  Lothrop  the  sum  of   .£45 
14s.  Hid.  and  that  said  Ijothrop  had  paid  of  the  proper  debts 
of  said  Nevens  to  tlic  amount  of  X558  Is.  7^d.  and  that  there 
was  due  to  said  Lothrop   for  hiring  the  money,  commissions 


I 


1760.]  OP    CONNECTICUT.  391 

&c.  the  sum  of  forty-five  pounds  and  no  more,  and  that  the 
use  of  said  farm  was  a  meet  recompence  for  the  interest  of  the 
money  paid  as  aforesaid  ;  and  that  on  examination  of  the 
claims  of  the  several  creditors,  find  due  to  Solomon  Drown, 
one  of  the  petitioners,  the  sum  of  ^69  13s.  Oc?.,  to  James 
Nevens  the  sum  of  £79  4s.  Sd.,  to  Ignatius  Barker  X18  18s. 
Od.,  to  Daniel  and  Joshua  Lothrop  £142  Is.  Od.,  to  Robert 
Nevens  £73  17s.  3t^.,to  Ezekiel  Pierce  for  debt  to  Storer  and 
Son  of  Boston  £296  7s.  Td.,  to  Ezekiel  Pierce  and  Elisha 
Paine  for  a  debt  due  to  Thomas  Hubbard,  Esq"",  £88  12s.  Od., 

tto  said  Pierce  and  Pain's  account  of  trouble  and  expences  £24 
18s.  7c?.,  and  sundry  other  small  accounts  to  the  amount  of  £52 
13s.  7c?.,  in  the  whole  amounting  to  £946  5s.  8d. ;  and  that 
on  consideration  of  the  matters  aforesaid  they  were  of  opinion 
that  the  deed  aforesaid  from  said  Nevens  to  said  Lothrop 
ought  in  equity  to  be  set  aside  and  the  lands  therein  men- 
tioned to  be  considered  as  the  estate  of  said  Nevens,  and  that 
the  administrator  to  said  estate  be  directed  to  proceed  accord- 
ingly &c.,  as  by  said  report  on  file  may  more  fully  appear; 
which  said  report  is  accepted  and  approved  by  this  Assembly, 
except  wherein  any  favour  is  allowed  in  the  payment  to  said 
Lothrop  of  said  sum  paid  by  him  to  this  Colony  on  account  of 
the  said  Nevens.  Whereujjon  resolved  by  this  Assembly,  that 
the  aforesaid  deed  executed  by  said  Nevens  to  said  Lothrop  of 
said  three  pieces  of  land  in  Canterbury  is  fraudulent  as  to  the 
creditors  aforesaid,  and  that  the  same  with  every  clause  and 
article  therein  contained  be  and  the  same  is  hereby  declared 
to  be  null  and  void  as  to  the  aforesaid  creditors  to  said  estate, 
and  that  all  the  lands  mentioned  and  described  in  said  deed 
be  and  the  same  is  hereby  declared  to  be  the  estate  of  the  said 
David  Nevens  in  the  hands  of  the  administrator  on  tlie  said 
Nevens's  estate  for  the  purpose  of  paying  and  satisfying  the 
aforesaid  debts  due  from  the  estate  of  said  Nevens ;  and  that 
the  administrator  on  the  said  Nevens's  estate  is  licreby  direc- 
ted to  treat  and  inventory  said  lands  as  such,  and  that  the 
whole  thereof  be  sold  and  disposed  of  to  the  best  advantage 
for  the  purpose  of  and  to  be  applied  to  the  satisfying  of  the 
debts  due  from  said  estate  if  need  be,  otherwise  so  much 
thereof  as  shall  be  found  needful  therefor;  and  that  Col.  John 
Dyar  of  Canterbury  be  and  he  is  hereby  fully  authorized  and 
impowered  to  sell  and  dispose  of  the  same  for  the  pur|)ose 
aforesaid,  taking  the  direction  of  the  court  of  prol>ate  for  the 
district  of  Plainfield  therein;  and  that  the  petitioners  be 
allowed  their  cost  in  prosecuting  their  said  petition  and  what 
has  arose  thereon,  which  is  taxed  at  £21  2s.  10c?.  JSx.  gran- 
ted June  1th  1160,  for  said  cost. 


392  PUBLIC   RECORDS  [May, 

Upon  the  petition  of  Messrs.  Joseph  Green  and  Isaac 
Walker  of  Boston,  versus  Timothy  Adams  of  Symsl»ury,  rep- 
resenting that  by  virtue  of  an  execution  issued  on  a  judg- 
ment of  an  adjourned  county  court  at  Hartford  July  1757,  in 
their  favour  for  X32  2s.  6d.  and  for  cost,  said  Timothy  being- 
committed  to  the  goal  in  Hartford  had  been  permitted  to 
swear  himself  to  be  not  worth  five  pounds  tfec,  and  that  he  had 
been  by  the  petitioners  ever  since  solely  supported  in  said  goal, 
and  that  the  said  Adams  having  no  estate  nor  himself  willing 
to  make  satisfaction  by  service,  nor  on  application  made  been 
thereto  by  said  court  compelled,  have  accordingly  been  not 
only  kept  out  of  their  just  due  but  subjected  to  a  considerable 
[279]  additional  charge ;  thereu{)on  praying  ||  this  Assembly 
by  their  own  authority,  or  by  order  given  said  county  court, 
to  compel  said  Adams  into  the  petitioners  service  to  the  pur- 
pose aforesaid :  This  Assembly,  being  of  opinion  that  adequate 
relief  in  the  ])remises  may  be  by  law  attainable  before  said 
county  court,  do  accordingly  refer  the  same  to  the  further  con- 
sideration of  said  county  court  and  recommend  it  to  them  to 
do  the  law  on  proper  application  made  by  the  petitioners. 
And  no  equitable  intcr}>osal  of  this  Assembly  ap})earing 
necessary,  this  petition  is  thereupon  dismist. 

On  the  petition  of  [John]  Swetland,  Joseph  Swetland  and 
others,  vs.  John  Richards  of  New  London,  Esq"",  and  Ann  his 
wife,  complaining  to  this  Assembly  that  whereas  Benjamin 
Swetland  of  said  New  London,  deceased,  by  his  last  will  and 
testament  gave  absolutely  to  Hannah  his  wife  some  part  of 
his  personal  estate  with  the  improvement  of  all  the  residue  of 
his  estate  during  her  life  with  remainder  of  such  residue  over 
to  the  petitioners,  (saving  only  certain  legacies  to  several 
churches  &c.);  that  the  said  Hannah  took  into  her  possession 
the  estate  of  the  said  Benjamin,  deceased ;  that  said  Hannah 
is  since  deceased,  having  first  made  her  last  will  and  testa- 
ment in  and  by  which,  after  having  disposed  of  her  estate,  she 
appointed  the  said  John  Richards,  Esq"",  executor  to  the  same ; 
also  complaining  that  the  said  John  and  his  said  wife  have 
taken  into  their  hands  and  possession  great  part  of  the  per- 
sonal estate  of  said  Benjamin,  claimed  by  said  petitioners  to 
belong  to  them  by  force  of  said  will  of  said  Benjamin,  and 
that  the  same  is  detained  and  secreted  by  the  said  John  and 
his  said  wife  <fec.;  praying  commissioners  may  be  appointed  to 
examine  the  aforesaid  John  and  his  said  wife  touching  the  same 
&G.,  as  per  said  petition  on  file  &g.:  Resolved  by  this  Assem- 
bly, that  Richard  Lord  of  Lyme,  Jabez  Huntington  and  Ebene- 
zer  Backus  of  Norwich,  Esqi^^,  be  and  they  are  hereby  appoint- 


1760.]  OF    CONNECTICUT.  393 

ed  a  committee  with  full  power  and  authority  to  call  before 
them  the  aforesaid  John  Richards,  Esq"",  and  his  said  wife, 
and  them  on  all  proper  interrogatories  examine  u})on  oath 
touching  the  personal  estate  of  the  aforesaid  Benjamin,  de- 
ceased, and  the  secreting,  concealing  or  detaining  the  same, 
and  for  the  disclosure  thereof;  and  of  what  they  shall  find  in 
the  premises  make  report  to  this  Assembly  at  their  sessions  in 
October  next. 

Whereas  upon  the  petition  of  Jerusha  McDowland  of  Derby, 
representing  that  a  considerable  real  estate  in  said  Derby  to 
her  belonging  had  been  unjustly  taken  from  her,  she  being 
compelled  by  threatnings  &c.  by  her  late  husband  Thomas 
McDowland  to  joyn  in  a  conveyance  thereof  to  one  James 
Pritcliard  of  said  Derby,  and  praying  for  an  inquiry  into  the 
matters  in  said  petition  alledged,  Ebenezer  Silliman,  Esq"", 
Col.  John  Read  and  Capt.  Thomas  Hill,  all  of  Fairfield,  were 
by  the  General  Assembly  held  at  New  Haven  in  October  last 
appointed  a  committee  to  in<iuire  into  and  concerning  the 
matters  alledged  and  complained  of  in  said  petition  and  to 
make  report  thereon  to  this  Assembly,  as  per  said  act  of  As- 
sembly appears;  and  whereas  by  sundry  unforeseen  accidents 
the  said  committee  have  not  yet  been  able  to  make  such  in- 
quiry and  report:  It  is  therefore  resolved  by  this  Assembly, 
that  the  said  committee  appointed  at  the  Assembly  in  Octo- 
ber last  be  and  they  are  hereby  re-appointed  and  fully  im- 
powered  to  inquire  &c.  as  fully  and  in  the  same  manner  as  di- 
rected in  and  by  said  act  of  Assembly  in  October  last,  and 
make  report  of  the  state  of  said  case  with  their  opinion  there- 
on to  the  General  Assembly  to  be  holden  af'New  Haven  on 
the  2d  Thursday  of  October  next. 

Whereas  on  the  petition  of  Philander  Pinney  of  Windsor, 
versus  Elijah  Kent  of  Suffield,  preferred  to  the  General  As- 
sembly held  at  New  Haven  at  their  sessions  in  October  last, 
complaining  that  the  said  Kent,  as  deputy  sheriif,  had  pro- 
cured of  said  Pinney  a  note  of  hand  for  £200  Os.  Od.  lawful 
[280]  money  on  interest,  only  as  bail  security  in  an  action 
brought  by  one  Eliphalet  Beacher  against  one  Timotliy 
Adams,  on  which  judgment  had  been  recovered  against  said 
Adams  only  for  the  sum  of  £104  7s.  2d.,  but  that  said  Kent 
had  obtained  judgment  on  his  said  note  against  said  Pinney 
for  the  sum  of  £216  3s.  4:d.  which  the  said  Pinney  had  been 
compelled  to  pay  and  discharge;  praying  for  relief  &c.;  on 
which  said  October  Assembly  did  appoint  John  Chester,  Esq"", 
Messrs.  Elisha  Williams  and  John  Lawrence  a  committee  to 
inquire  into  the  matters  alledged  and  complained  of  in  said 

50 


394  PUBLIC  RECORDS  [May 

petition,  and  thereon  to  make  their  report  to  this  Assembly 
and  the  said  committee  having  duly  inquired  into  said  mat- 
ters of  complaint,  heard  the  parties,  have  made  their  re])ort 
thereon  to  this  Assembly,  viz :  that  the  said  Kent  ought  in 
equity  to  pay  and  refund  to  the  said  Pinney  the  sum  of  ,£79 
3s.  2d.  on  the  matter  aforesaid,  which  report  is  accepted :  And 
thereupon  resolved  by  this  Assembly,  that  the  said  Elijah 
Kent  pay  and  refund  to  the  said  Philander  Pinney  the  said 
sum  of  £79  3s.  2d.  lawful  money  and  his  cost  of  prosecuting 
said  petition  and  that  thereon  has  risen,  taxed  at  XIO  17s. 
10c?.,  and  that  execution  issue  forth  accordingly.  Ux.  granted 
June  ^Oth  1760. 

Upon  the  petition  of  Joseph  Elderkin  jun""  &c.,  representing 
to  this  Assembly  that  on  a  trial  had  at  the  superior  court  held 
at  Norwich  in  March  last,  wherein  Richard  Bushnal  of  Nor- 
wich was  plaintiff  and  I,  the  said  Joseph  Elderkin,  and  others 
were  defendants,  some  witnesses  produced  on  said  trial  by  the 
said  Bushnall  were  mistaken  in  their  evidence  relating  to  the 
eastermost  line  of  the  said  Bushnall's  lot,  called  Cranes  lot, 
and  which  the  petitioner  is  able  to  shew  by  other  and  new 
evidence  &c.;  praying  for  anotlier  trial  of  said  cause :  Re- 
solved by  this  Assembly,  that  the  petitioner  have  liberty  of 
another  trial  of  said  cause  at  the  superior  court  to  be  holden 
at  New  London  within  and  for  the  county  of  New  London  on 
the  4th  Tuesday  of  September  next,  and  that  all  cost  follow 
the  final  judgment. 

Upon  the  petition  of  Rose  well  Woodward,  John  Woodward, 
Joseph  Trowbridge  and  Mary  his  wife,  and  others,  the  heirs 
and  legal  representatives  of  Mrs.  Katherine  Greenough  late 
of  said  New  Haven,  deceased,  vs.  William  Greenough  of  said 
New  Haven,  representing  to  this  Assembly  that  the  said 
Katherine  in  her  life  time  was  seized  in  fee  of  certain  lands 
in  New  Haven,  which  would  have  descended  to  the  petitioners 
after  her  deatli,  but  having  married  the  said  William  Green- 
ough had  issue  by  him  which  died  before  her  death,  so  that  he 
had  right  to  be  tenant  by  the  curtesy  of  said  lands  after  the 
death  of  said  Katherine,  and  that  the  said  Katherine  had 
joyned  with  him  in  a  deed  of  said  lands  to  one  Thomas  Mans- 
field, in  order  to  have  the  same  re-conveyed  to  him,  tlie  said 
Greenough ;  that  said  Mansfield  refused  to  re-convey,  the  said 
deed  was  by  the  said  Greenough  rased  and  altered,  and  the 
name  of  Jeremiah  Townsend  therein  inserted  instead  of  said 
Mansfields,  so  that  the  same  became  void,  but  that  they  are 
not  able  to  draw  in  question  at  law  the  validity  of  said  deed 
before  the  death  of   said  Greenough,  (before  which  all  the 


1760.]  OF    CONNECTICUT.  395 

witnesses  to  the  facts  in  said  petition  alledged  may  be  dead,) 
nor  means  to  perpetuate  their  testimony  <fec.  ;  praying  a  com- 
mission to  take  depositions  in  said  case  in  perpetuam  rei  me- 
moriam  &c,  as  per  said  petition  on  file  appears.  The  parties 
appeared  before  this  Court,  and  the  respondent  having  noth- 
ing to  object  against  the  issuing  of  such  commission :  It  is 
therefore  resolved  by  this  Assembly,  that  Col.  John  Hubbard 
and  John  Whiting,  Esq""^,  both  of  said  New  Haven,  be  and 
they  are  hereby  appointed  a  committee  with  full  power  and 
authority  to  take  the  depositions  of  Messrs.  Thomas  Mansfield, 
Samuel  Bishop  jun%  Daniel  Lyman,  Jeremiah  Townsend, 
Michael  Todd,  Col.  Nathan  Whiting,  all  of  said  New  Haven, 
and  such  other  lawful  witnesses  as  shall  be  produced  to  testify 
to  the  facts  in  said  petition  alledged,  (citing  the  opposite 
party  as  by  law  already  provided,)  and  that  the  depositions  so 
taken  by  said  committee  be  by  them  lodged  in  the  office  of 
the  clerk  of  the  county  court  of  the  county  of  New  Haven, 
there  to  be  preserved  in  perpetuam  rei  memorimn,  and  that 
the  same  may  and  shall  in  all  future  time  (in  case  of  the  death 
of  such  witnesses  or  either  of  them)  be  admitted  and  made 
use  of  as  legal  evidence  in  any  trial  at  law,  or  in  equity  which 
may  happen  respecting  the  title  of  the  lands  or  the  validity  of 
the  deeds  in  said  petition  mentioned  and  referred  to. 

[281]  Upon  the  petition  of  John  Hall,  of  New  London  in 
the  county  of  New  London,  against  Andrew  McKenzie,  of 
Boston  in  the  county  of  Suffolk  and  Province  of  the  Massa- 
chusets  Bay,  praying  for  a  new  trial  in  a  cause  determined  at 
the  county  court  held  at  New  London  within  and  for  said 
New  London  county  on  the  2d  Tuesday  of  June  last,  in  which 
action  said  Andrew  McKenzie  was  plaintiff  and  the  petitioner 
was  defendant :  Resolved  by  this  Assembly,  that  the  further 
consideration  of  said  petition  be  continued  till  the  next  Gen- 
eral Assemljly  to  be  held  at  New  Haven  on  the  2d  Thursday 
of  October  next,  and  that  execution  on  said  judgment  of  said 
June  court  be  stayed  till  the  rising  of  said  Assembly  in  Oc- 
tober next. 

Upon  the  petition  of  Watrous  Clark  of  Lyme,  praying  for  a 
new  trial  in  an  action  tried  at  the  superior  court  held  at  Nor- 
wich in  and  for  the  county  of  New  London  on  the  4tli  Tues- 
day of  March  last,  which  action  was  brought  by  Nathaniel 
Shaw  of  New  London  against  the  said  petitioner:  Resolved 
by  this  Assembly,  that  the  further  consideration  of  this  peti- 
tion be  referred  to  the  General  Assembly  to  be  holden  at  New 
Haven  in  October  next,  and  that  the  execution  on  the  judg- 
ment referred  to  in  said  petition  be  stayed  till  the  rising  of 
said  Assembly  in  October. 


396  PUBLIC   RECORDS  [May, 

Upon  the  petition  of  John  Marshal,  of  Greenwich  in  the 
county  of  Fairfield,  against  Thomas  Hill,  Anthony  DeMill 
and  Daniel  Ogden  in  their  own  right,  and  Samuel  Hoit  and 
John  Griffin  administrators  on  the  estate  of  David  Marshall, 
deceased,  representing  that  John  Marshal,  late  of  said  Green- 
wich, now  deceased,  father  of  the  petitioner,  about  the  begin- 
ning of  the  year  1727,  died  intestate,  leaving  a  widow  and 
eleven  children,  viz:  the  petitioner,  David,  Elihu,  Jehu, 
Zacheus,  Ichabod,  Micajah,  Abigail,  Hannah,  Elizabeth  and 
Mercy;  and  the  jietitioner  being  the  eldest  son  he  with  the 
widow  took  out  letters  of  administration  upon  the  estate  of 
the  deceased  John  at  the  court  of  probates  for  the  county  of 
Fairfield,  and  made  an  inventory  and  exhibited  the  same  to 
said  court  on  the  3d  day  of  May  1728,  amounting  to  the  sum 
of  X2086  15s.  7t?.,  which  after  some  few  debts  then  or  soon 
after  brought  in  against  said  estate  and  the  widow's  thirds  of 
moveables  deducted  there  remained  X1859  3s.  4c?.,  and  that 
the  acting  upon  the  law  of  this  Colony  about  intestate  estates 
being  about  that  time  suspended,  all  further  administration 
on  said  estate  ceased;  and  that  the  petitioner,  sujiposing him- 
self owner  of  the  real  part  of  said  estate,  kept  the  said  children 
together  in  his  family,  brought  them  up,  and  expended  large 
sums  for  some  of  them  in  sickness  c%c.,  and  when  they  went 
off  from  him  for  settlement  he  advanced  them  in  portions, 
for  some  of  which  he  had  taken  receipts,  acquittances  or  dis- 
charges, viz :  of  all  said  children  saving  said  Elizabeth,  Han- 
nah, Ichabod  and  Zacheus;  and  the  said  Elizabeth's  interest 
in  said  estate  being  owned  by  the  said  Hill,  the  said  Hannah's 
by  the  said  DeMill,  said  Ichabod's  by  said  Ogden,  and  the 
said  Zacheus' s  being  in  his  life  time  conveyed  to  his  brother, 
the  said  David,  who  died  invested  therewith,  and  that  the 
court  of  probates  for  the  district  of  Fairfield,  upon  application 
to  them  made  for  a  distribution  of  said  estate,  having  notified 
the  petitioner  thereof  he  produced  his  account  against  said  es- 
tate to  the  amount  of  £1103  16s.  It?,  old  tenor  and  £\  13s. 
dd.  lawfid  money,  of  which  the  said  court  allowed  no  more 
than  X26  17s.  0^.  old  tenor  and  10s.  lawful  money,  and  on 
the  29th  day  of  December  1758  ordered  a  distribution  of  the 
remainder  of  said  estate,  and  that  the  petitioner  appealed 
from  said  determination  and  order  of  said  court  about  said  ac- 
count and  distribution  to  the  superior  court  then  to  be  held  in 
said  Fairfield,  and  by  })roper  remove  said  case  came  to  the 
superior  court  held  in  Fairfield  on  the  last  Tuesday  save  one 
of  February  last,  at  which  court  by  mistake  the  appellant  was 
nonsuited;  praying  for  relief,  and  tliat  the  said  determina- 
[282]  tions  and  orders  of  said  court  ||  of  probates  might  be 


1760.]  OF    CONNECTICUT.  397 

reversed,  and  that  commissioners  might  be  appointed  to  liear 
and  examine  in  equity  said  accounts  and  all  the  transactions 
and  circumstances  of  said  estate  respecting  the  said  rights  of 
said  Elizalieth,  Hannah,  Ichabod  and  Zacheus,  as  by  the  peti- 
tion on  file  appears :  Resolved  by  tliis  Assembly,  that  Eben- 
ezer  Silliman,  John  Read  and  William  Burr,|  Esqi's,  all  of 
Fairfield,  be  and  they  are  hereby  appointed  a  committee  to 
hear  and  examine  in  equity  the  accounts,  disbursements  and 
transactions  of  the  petitioner  of  and  concerning  said  estate, 
and  respecting  the  rights  and  interests  of  the  said  P]lizal)eth, 
Hannah,  Ichabod  and  Zacheus,  or  their  representatives,  and 
what  they  or  either  of  them  have  had  and  received  of  said  es- 
tate, and  make  report  of  what  they  shall  find  in  the  ])remises 
to  the  General  Assembly  to  be  held  in  New  Haven  in  October 
next,  and  their  opinion  thereon;  and  that  the  said  judgment 
and  order  of  distribution  of  the  court  of  probate  and  execu- 
tions on  said  judgment  of  the  superior  court  be  suspended,  and 
they  are  hereby  stayed  and  suspended,  till  the  rising  of  the 
Assembly  in  October  next. 

Upon  the  petition  of  James  Derby  of  Canterbury,  versus 
Thomas  Stanton  of  said  Canterbury,  complaining  that  where- 
as the  said  Stanton  brought  his  action  of  surrendry  against 
the  petitioner,  demanding  12  acres  of  land  lying  in  said  Can- 
terluiry,  which  action  came  to  a  final  trial  at  the  superior  (;ourt 
held  at  Windham  on  the  third  Tuesday  of  September  1758, 
and  therein  the  said  Stanton  obtained  judgment  for  the  sur- 
rendry of  said  land  &c.  and  hath  actually  taken  the  same  &c.; 
that  said  trial  came  on  by  surprize,  the  petitioner  not  being- 
prepared  with  his  necessary  evidence,  which  he  is  now  able  to 
produce  &c.;  praying  for  a  new  trial  in  said  case  &c.,  as  per 
petition  on  file  &c.:  Resolved  by  this  Assembly,  that  the 
petitioner  shall  have  lil)erty  of  another  trial  of  said  case  at 
the  superior  court  to  be  held  at  Windham  in  the  county  of 
Windham  on  the  third  Tuesday  of  September  next,  and  that 
the  future  cost  only  follow  the  final  judgment  that  may  be 
given  in  said  case ;  and  in  case  final  judgment  in  said  case 
shall  be  rendered  in  favour  of  the  petitioner,  the  said  superior 
court  are  hereby  enabled  to  grant  execution  in  favour  of  the 
petitioner  for  said  land,  that  he  may  be  re-seized  thereof  in 
due  form  of  law. 

Upon  the  petition  of  Josiah  Talcott  of  Weathcrsfield  and 
Elijah  Francis  of  Farmington,  executors  of  the  last  will  and 
testament  of  James  Francis,  deceased,  representing  that  the 
said  James  Francis  in  his  life  time  and  the  said  Josiah  Tal- 
cott, together  with   Asa  Douglas   of   Canaan   and   Timothy 


398  PUBLIC   RECORDS  [May, 

Hollister  of  Glasseiibury,  on  the  one  part,  agreed  and  cove- 
nanted with  Alexander  Golden  and  George  Harrison,  both  of 
the  Province  of  New  York,  on  the  other  part,  joyntly,  to  pur- 
chase of  them,  the  said  Golden  and  Harrison,  a  certain  nine 
hundred  acres  of  land  in  Ulster  county  in  the  said  Province, 
at  the  price  of  nine  hundred  pounds  York  money,  the  one 
half  to  be  paid  at  the  giving  a  deed  thereof,  and  the  other  half 
to  be  secured  by  a  mortgage  back  of  the  same  lands  ;  that  the 
said  James  Francis,  Talcott,  Douglas  and  Hollister  did  also 
in  fact  buy  of  one  Hugh  Wentworth  of  said  Province,  for  the 
consideration  of  thirty-two  hundred  pounds  York  money,  two 
other  parcels  of  land  in  said  Ulster  county,  one  containing 
a  thousand  acres,  the  other  nine  hundred  acres,  and  that  for 
the  payment  of  said  consideration  money  to  said  Wentworth 
it  was  agreed  that  said  purchasers  should  pay  five  hundred 
pounds  down  upon  receiving  the  deed  and  for  the  residue 
should  execute  three  several  bonds  to  said  Wentworth  for 
nine  hundred  pounds  each,  payable  at  three  several  distinct 
periods,  which  was  accordingly  done ;  that  it  was  also  agreed 
between  the  said  purchasers  who  were  equally  interested  in 
the  premises  both  bought  and  agreed  for  as  aforesaid  should 
[28o]  equally  ||  advance  and  pay  in  all  payments  to  be  made 
towards  the  said  purchases,  and  that  no  one  or  more  of  them 
should  be  delayed  or  any  ways  prejudiced  by  the  neglect  or 
failure  of  the  others ;  that  it  afterwards  appeared  that  said 
Wentworth  was  a  bankrupt  and  that  he  never  had  a  title  to 
the  nine  hundred  acres  purchased  of  him,  and  that  the  thou- 
sand acres,  the  other  parcel  purchased  of  him,  was  incum- 
l)ered  by  a  previous  mortgage  thereof,  made  by  him,  the  said 
Wentworth ;  that  the  said  Talcott  and  the  said  James  Francis 
had  made  large  payments  towards  said  purchases  and  for  the 
disencumbring  of  the  said  premises;  that  the  said  Douglas 
and  Hollister  had  failed  to  perform  on  their  part,  and  by 
reason  thereof  the  said  Talcott  and  the  heirs  of  the  said  James 
Francis  were  greatly  aggrieved  &c.;  praying  for  equity  &c- 
as  per  the  petition  on  file:  It  is  therefore  resolved  by  this  As- 
sembly, that  Shubael  Conant,  William  Wolcott  and  William 
Pitkin  jun"",  Esq^^  be  and  they  are  hereby  appointed  a  com- 
mittee to  hoar  the  said  parties  on  all  the  matters  referred  to 
in  said  petition,  and  to  examine  and  consider  the  evidence 
that  may  be  produced  and  whatsoever  is  relative  to  the  mat- 
ters aforesaid,  and  to  make  report  of  what  they  find  to  be  just 
and  equitable  between  the  said  parties,  with  their  opinion 
thereon,  to  this  Assembly  at  their  sessions  in  October 
next. 


1760.]  OF    CONNECTICUT.  399 

Upon  the  memorial  of  Aaron  Baxter  of  Hebron,  shewing  to 
this  Assembly  that  he  was  an  inlisted  soldier  in  the  service 
of  this  Colony  in  the  year  1759,  at  Ticonderoga,  where  he  un- 
happily received  a  shot  in  his  breast  and  also  another  shot 
through  his  left  arm,  whereby  the  bone  of  his  arm  was  broke 
and  several  pieces  of  his  said  bone  were  afterwarcls  taken  out, 
and  that  since  his  return  home,  which  was  on  the  20th  day  of 
October  last,  he  has  been  put  to  great  cost  and  charge  in  ob- 
taining a  cure,  whereby  he  is  involved  and  is  wholly  unable  to 
discharge  his  debts  and  to  support  himself,  and  that  he  is 
very  likely  to  remain  so  as  his  arm  is  in  no  considerable 
measure  restored,  and  praying  for  relief  from  the  public 
treasury  of  this  Colony :  Resolved  by  this  Assembly,  that  the 
memorialist  receive  out  of  the  Colony  treasury  the  sum  of 
X35  Os.  Od.  lawful  money,  and  the  Treasurer  is  liereby  or- 
dered to  pay  said  sum  to  the  memorialist  accordingly. 

Upon  the  memorial  of  Benjamin  Kinne  of  Preston,  shewing 
to  this  Assembly  that  he  was  the  last  year  a  soldier  in  the 
service  of  this  Colony  in  Col.  Fitches  regiment,  and  that  he 
faithfully  served  in  the  services  to  which  he  was  order'd,  un- 
til some  time  in  tlie  month  of  June  last  he  was  ordered  into 
the  batteau  service,  and  from  thence  into  the  teaming  service, 
and  while  he  was  in  said  service  driving  a  team  with  a  loaded 
cart  accidentally  slipt  down  and  said  cart  run  over  him  and 
broke  his  arm,  whereby  he  has  suffered  great  distress  and 
loss  of  time,  and  thereby  is  rendered  unable  to  support  him- 
self and  family,  and  still  is  a  cripple  and  is  like  to  remain  a 
cripple  ;  praying  that  tliis  Assembly  would  grant  him  such  a 
sum  out  of  tlie  treasury  of  this  Colony  as  by  them  should  be 
thought  fit:  Resolved  by  this  Assembly,  that  the  said  Kinne 
receive  out  of  the  public  treasury  of  this  Colony  thirty  pounds 
lawful  money,  to  be  paid  ten  pounds  now  and  ten  more  an- 
nually until  said  £30  Os.  Od.  shall  be  paid;  and  the  Treasurer 
of  this  Colony  is  hereby  ordered  to  pay  the  same  to  the  said 
Kinne  accordingly. 

Upon  the  memorial  of  John  Hally,  executor  of  the  last  will 
and  testament  of  Selleck  Hally  late  of  Stanford,  deceased, 
[284]  representing  to  tliis  Assembly  ||  that  the  debts  and 
charges  due  from  the  estate  of  said  deceased  surmount  the 
personal  estate  of  said  deceased  the  sum  of  £167  13s.  6d. 
lawful  money,  and  that  the  deceased  hath  made  no  provision 
by  his  last  will  for  the  payment  of  said  sum,  and  praying  for 
liberty  to  sell  so  much  of  the  real  estate  of  said  deceased  as 
will  be  sufficient  to  raise  said  sum  with  the  incident  charges 
arising  thereon:     Whereupon  liberty   is  hereby    granted  to 


400  PUBLIC  RECORDS  [May, 

the  said  John  Hally  and  he  is  hereby  impowered,  to  make 
sale  of  so  much  of  the  real  estate  of  said  deceased  as  will  be 
sufficient  to  raise  said  sum  with  the  incident  charges  arising 
thereon ;  taking  the  direction  of  the  court  of  probate  in  the 
district  of  Stanford  therein. 

Upon  the  memorial  of  Mary  Fuller  and  Daniel  Fuller  of 
Willington,  executors  to  the  last  will  and  testament  of  the 
Rev^  Mr.  Daniel  Fuller  late  of  said  Willington,  deceased, 
shewing  to  this  Assembly  that  the  debts,  charges  and  allow- 
ances against  the  estate  of  said  deceased  surmount  the  whole 
of  the  personal  estate  of  the  said  deceased  the  sum  of  X152 
9s.  2d.  lawful  money,  and  that  the  said  executors  were  not 
impowered  to  sell  any  lands  nor  any  other  provision  sufficient 
to  raise  money  to  pay  said  debts ;  praying  to  this  Assembly 
to  grant  liberty  and  impower  said  executors,  or  some  other 
meet  ])erson,  to  make  sale  of  so  much  of  the  real  estate  of 
said  deceased  as  to  raise  said  sum  of  £152  9s.  2d.  together 
with  the  necessary  incident  charges  arising  thereon:  Re- 
solved by  this  Assembly,  and  liberty  is  hereby  granted,  and 
the  said  Mary  Puller  and  Daniel  Fuller,  executors,  are  hereby 
impowered,  to  make  sale  of  so  much  of  the  real  estate  of  the 
said  deceased  as  to  raise  the  said  sum  of  <£152  9s.  2d.  lawful 
money  together  with  the  necessary  charges  arising  on  said 
sale  ;  taking  the  direction  of  the  court  of  probates  in  the  dis- 
trict of  Hartford  therein. 

Upon  the  memorial  of  Joseph  Trobridge,  Enos  Allen  and 
Michael  Todd,  all  of  New  Haven  in  the  county  of  New  Haven, 
part  owners  and  pro))rietors  of  a  certain  wharf  in  said  New 
Haven  called  the  Union  Wharf,  and  others,  owners  and  pro- 
prietors of  said  wharf,  representing  to  this  Assembly  that 
said  wharf  is  much  gone  to  decay  and  wants  repairing,  and 
that  the  owners  being  numerous  and  living  remote  from  one 
another,  and  some  of  them  careless  about  said  wharf  or  un- 
able or  incapacitated  to  contriljute  to  said  repairs,  it  is  im- 
practicable equitably  to  rectify  and  keep  in  repair  said  wharf 
under  present  circumstances ;  praying  for  relief,  as  by  their 
memorial  on  file  ai)pears. 

Resolved  hy  this  Assembly,  That  the  said  Joseph  Trow- 
bridge, Enos  Allen,  Michael  Todd,  and  the  rest  of  the  owners 
and  proprietors  of  said  wharf,  be  incorporated,  and  they  are 
liere])y  incorporated  and  imbodied  into  one  intire  company 
for  the  purpose  of  rectifying,  repairing  and  managing  said 
wharf  for  the  future,  and  shall  be  called  and  known  by  the 
name  of  tlie  Union  Wliarf  Company  in  New  Haven,  and  said 
company  shall  have  power  and  authority,  and  power  and  au- 


1760]  OP    CONNECTICUT.  401 

thority  is  hereby  given  them,  to  meet  and  hold  their  meetings 
to  consult  about  and  transact,  do  and  order  the  matters  of 
repairing  and  managing  said  wharf,  and  in  their  meeting  to 
choose  their  moderator  and  also  a  clerk  to  enter  their  votes 
and  conclusions  and  keep  their  accounts  and  give  copies 
thereof,  who  shall  be  sworn  to  the  faithful  discharge  of  his 
office,  and  to  choose  a  committee  to  repair  and  keep  in  repair 
said  wharf  and  take  care  of  the  wharfage  thereof,  which  com- 
mittee shall  render  an  account  of  their  doings  and  receipts  to 
said  company  once  every  year  at  least,  and  oftner  in  case  said 
company  shall  so  order ;  and  that  the  said  owners,  or  as  many 
of  them  as  shall  see  cause,  shall  meet  together  and  hold  their 
[285]  first  meeting  at  ||  the  dwelling-house  of  Daniel  Lyman, 
EsqS  in  said  New  Haven  on  the  first  Tuesday  of  July  next, 
and  from  that  time  on  the  first  Tuesday  of  July  annually  at 
said  Lyman's  dwelling-house  in  said  New  Haven,  unless  said 
owners  in  their  meetings  shall  order  otherwise.  And  said 
owners  shall  have  power  in  their  said  meetings  from  time  to 
time  to  adjourn  their  meetings  to  sucli  time  and  place  as  they 
shall  see  fit.  And  so  many  of  the  said  proprietors  as  shall  he 
present  in  their  said  meetings  may  agree  by  major  vote,  to  be 
computed  according  to  their  interest,  to  repair  and  keep  in  re- 
pair said  wharf,  and  to  agree  with  any  number  to  undertake 
said  service  and  take  the  profits  of  said  wharf  till  they  shall 
be  satisfy'd  for  their  disbursements  for  such  repairs,  which 
agreements  with  the  names  of  the  persons  so  agreeing  shall 
be  entered  in  the  said  clerk's  book,  a  copy  of  which  shall  be 
good  evidence  of  such  agreement ;  and  such  undertakers  shall 
render  their  accounts  to  said  comijany  when  thereto  re- 
quired. 

On  the  memorial  of  Mr.  Thomas  Fitch  jun"",  of  Norwalk, 
representing  that  he  had  been  employed  in  drawing  and  copy- 
ing writings  of  public  concernment  the  two  years  last  ]iast 
and  as  yet  received  no  allowance  therefor,  and  praying  for  a 
proper  compensation  on  account  of  those  services:  It  is 
granted  and  ordered,  that  the  Treasurer  pay  out  of  the  public 
treasury  the  sum  of  fourteen  pounds  to  the  said  Mr.  Fitch,  as 
a  recompence  in  full  for  his  services  mentioned  and  referred 
to  in  the  memorial. 

Upon  the  memorial  of  Jemima  Lounsberry,  administratrix 
on  the  estate  of  Monmouth  Lounsberry  late  of  Stanford,  de- 
ceased, shewing  that  the  debts  due  from  the  estate  of  said  de- 
ceased surmount  the  moveable  part  of  said  estate  the  sum  of 
X173  8s.  4:d.  and  praying  that  so  much  of  the  real  estate  of 
said  deceased  may  be  sold  as  will  answer  said  sum :     Re- 

51 


402  PUBLIC  RECORDS  [May, 

solved  by  this  Assembly,  that  the  said  Jemima  Lounsberry 
and  Thomas  June  junr  have  liberty,  and  they  are  liereby  im- 
powered,  to  make  sale  of  so  much  of  the  real  estate  of  the 
said  deceased  Monmouth  Lounsberry  as  will  be  sufficient  to  pay 
the  aforesaid  sum  of  X173  8s.  4:d.  with  the  incident  charges 
arising  on  such  sale ;  taking  the  directions  of  the  court  of 
probate  in  the  district  of  Stanford  therein. 

Upon  the  memorial  of  Joseph  Webb,  administrator  on  the 
estate  of  Epenetus  Webb  late  of  Stanford,  deceased,  shewing 
the  debts  due  from  the  estate  of  said  deceased  surmount  the 
moveable  part  of  said  estate  the  sum  of  X202  19s.  lO^d.  and 
praying  that  so  much  of  the  real  estate  of  said  deceased  may 
be  sold  as  will  answer  said  sum :  Resolved  by  this  Assembly, 
that  the  said  memorialist  have  liberty,  and  he  is  hereby  im- 
powered,  to  make  sale  of  so  much  of  the  real  estate  of  the 
said  deceased  Epenetus  Webb  as  will  be  sufficient  to  pay 
the  aforesaid  sum  of  X202  19s.  lO^d.  with  the  incident 
charges  arising  on  such  sale ;  taking  direction  of  the  court  of 
probate  in  the  district  of  Stanford  tlierein. 

Upon  the  memorial  of  George  Clark,  Benjamin  Fenn,  Noah 
Baldwin,  Jeremiah  Peck,  Henry  Peck,  Jonathan  Fowler, 
Ephraim  Strong,  and  Samuel  Sanford  jun'",  and  tlie  rest  of 
the  members  of  the  Presbyterian  congregation,  so  called,  who 
joyn  with  them  for  religious  worship  in  Milford,  shewing  that 
the  General  Assembly  in  their  sessions  in  May  1750,  enacted 
and  granted  that  the  memorialists  and  such  of  the  inhabitants 
of  Milford  as  should  within  the  space  of  three  months  after 
[286]  the  rising  of  said  Assembly  ||  enter  their  names  with 
the  town  clerk  of  said  Milford  and  attend  upon  tlie  worship 
of  God  in  the  aforementioned  Presbyterian  congregation  there 
should  be  free  from  paying  any  rates  or  taxes  for  the  future 
towards  the  support  or  maintenance  of  any  minister  or  for 
building  or  repairing  any  meeting-house  or  toward  any  other 
ecclesiastical  taxes  in  said  town  of  Milford  during  the  time 
of  their  regular  attendance  in  said  congregation  ;  and  further 
shewing  that  by  reason  of  sickness  or  absence  from  home 
some  persons  neglected  or  were  prevented  inrolling  their 
names  as  aforesaid,  and  some  others  are  come  into  said  town 
since  and  are  now  inhal)itants,  who  are  desirous  of  inrolling 
their  names  with  the  memorialists,  who  have  hitherto  paid 
towards  the  support  of  the  Rev^  Mr.  Samuel  Whittlesey  not- 
withstanding their  constant  attendance  upon  the  ministry  of 
the  Rev^  Mr.  Job  Prudden,  pastor  of  the  abovesaid  Presby- 
terian congregation;  praying  that  such  inhabitants  of  said 
town  who  shall  inroU  their  names  with  the  town  clerk  in  said 


1760.]  OP    CONNECTICUT.  403 

town  within  three  months  from  the  first  of  June  next  be  freed 
from  all  ecclesiastical  charges  in  said  town,  saving  the  taxes 
with  the  memorialists  for  such  purpose,  and  be  incorporated 
with  them,  and  that  there  be  granted  to  the  memorialists  and 
their  brethren  society  priviledges  as  enjoyed  by  other  societies 
in  this  Colony,  as  by  their  memorial  on  file  appears  : 

Resolved  by  this  Assembly,  Tiiat  the  memorialists  and  their 
adherents  be  and  they  are  hereby  made  and  constituted  a 
distinct  ecclesiastical  society,  endowed  with  all  the  authorities, 
priviledges  and  immunities  as  other  ecclesiastical  societies  in 
this  Colony,  and  shall  be  called  and  known  by  the  name  of 
the  Second  Society  in  Milford,  and  that  the  children  and 
descendants  of  the  present  members  and  such  as  are  legally 
joyned  to  them  shall  have  and  enjoy  the  same ;  and  also,  that 
such  persons  as  are  mentioned  and  referred  to  in  said  memo- 
rial as  abovesaid  shall  and  hereby  have  liberty  granted  to 
them  to  inroll  their  names  with  the  town  clerk  of  said  Mil- 
ford  within  three  months,  reckoning  from  the  first  day  of 
June  1700,  and  shall  with  their  descendants  belong  to  said 
society  and  be  treated  as  such. 

Upon  the  memorial  of  Hezekiah  Cutler  and  Rebeckah  Clark, 
both  of  Killingly,  administrators  on  the  estate  of  Josiah  Clark 
late  of  said  Killingly,  deceased,  shewing  to  this  Assembly 
that  one  Hanniel  Clark  of  Killingly  aforesaid,  late  deceased, 
in  his  life  time,  viz :  on  the  17th  day  of  April  1753,  made  his 
last  will  and  testament  of  that  date,  wherein  was  considerable 
estate  devised  to  the  said  Josiah  Clark  and  others,  which  said 
will  was  exhibited  to  the  court  of  probate  for  the  district  of 
Pomfret  and  there  proved,  approved,  recorded  and  lodged  on 
file  as  the  law  directs,  which  said  records,  files,  &c.  with  the 
then  whole  records  of  said  court  was  consumed  by  fire,  l)ut 
that  a  copy  of  said  will  was  taken,  compared  and  attested  to 
be  true  by  Joseph  Leavens,  justice  of  the  peace,  produced  to 
this  Assembly,  which  is  in  the  words  as  recited  in  said  memo- 
rial, as  per  memorial  on  file:  Resolved  by  this  Assembly, 
that  the  said  copy  of  said  will  set  forth  in  said  memorial  be 
recorded  in  the  records  of  said  court  of  probate  for  the  dis- 
trict of  Pomfret,  and  that  said  copy  be  there  lodged  on  file, 
and  that  the  same  and  a  copy  thereof  from  said  records  pro- 
duced shall  be  at  all  times  as  full  evidence  in  all  causes,  and 
of  equal  force  with  respect  to  the  disposition  of  the  estate  of 
the  said  Hanniel  Clark  and  to  every  purpose  of  said  will,  as  if 
the  said  will  and  the  first  record  thereof  had  not  been  burnt 
and  consumed  but  the  same  had  remained  in  the  records  and 
on  the  files  of  said  court  of  prolmte  as  first  entered  and  lodged 
as  aforesaid. 


404  PUBLIC    BECORDS  [Maj, 

[287]  Upon  the  memorial  of  Christian  Smith,  administra- 
trix on  the  estate  of  Levi  Smith  late  of  Weathersfield  in  the 
county  of  Hartford,  deceased,  shewing  to  this  Assembly  that 
the  debts  and  charges  due  from  the  estate  of  the  said  deceased 
surmounts  the  moveable  estate  of  said  deceased  the  sum  of 
X6  16s.  2.d.  lawful  money,  for  the  payment  of  which  the  said 
administratrix  has  no  assets  in  her  hands ;  praying  for  liberty 
to  make  sale  of  so  much  of  the  real  estate  of  the  said  deceased 
as  will  raise  the  said  sum  with  incident  charges  arising  on 
the  sale  thereof,  taking  the  direction  of  the  court  of  probate 
for  the  district  of  Hartford  thereon :  Resolved  ])y  this  Assem- 
bly, that  John  Bobbins  jun''  of  said  Weathersfield  and  the  said 
administratrix  be  appointed,  and  they  are  hereby  appointed 
and  impowered,  to  make  sale  of  so  much  of  the  real  estate  of 
the  said  deceased  as  will  raise  or  procure  the  said  sum  of 
X6  16s.  2d.  lawful  money,  to  pay  said  debts,  with  the  inci- 
dent charges  arising  thereon ;  taking  the  direction  of  the  said 
court  of  probate  therein. 

Upon  the  memorial  of  the  inhabitants  of  the  fourth  eccle- 
siastical society  in  the  town  of  Guilford  in  the  county  of  New 
Haven,  representing  that  the  bounds  of  the  first  and  fourth 
ecclesiastical  society  in  said  Guilford  are  one  and  the  same, 
and  that  young  persons  within  said  limits  growing  up  and 
coming  upon  the  stage  of  action  and  others  who  never  had 
any  vote  or  voice  in  settling  of  either  of  the  ministers  belong- 
ing to  one  or  other  of  said  societies  do  elect  for  themselves- 
and  many  of  them  are  chosen  to  joyn  to  the  said  fourth  society 
and  have  attended  on  and  contributed  to  the  support  of  their 
public  worship ;  and  that  nevertheless  they  have  been  taxed 
and  compelled  to  pay  rates  to  the  said  first  society,  and  that 
by  means  thereof  much  animosity  and  discord  hath  long  sub- 
sisted among  them ;  praying  for  some  special  and  further 
regulation  and  for  a  reasonable  liberty  to  be  granted  to  all 
such  persons  who  choose  to  joyn  with  one  or  with  the  other 
of  said  societies,  and  to  prevent  the  like  troubles  for  the 
future  &c. :  Resolved  by  this  Assembly,  that  all  such  persons 
within  the  limits  of  said  societies  as  shall  hereafter  an-ive  to 
the  age  of  twenty-one  years  may  within  one  year  after  their 
coming  to  such  age  elect  and  choose  which  of  said  societies 
they  will  belong  to  and  cause  their  names  to  be  entered  with 
the  clerk  of  that  society  to  which  they  so  choose  to  joyn,  and 
on  failure  so  to  enter  their  names  they  shall  continue  where 
brought  up  or  where  they  belonged  before  ;  and  that  all  others 
within  said  limits  who  have  not  been  personally  rated  in 
either  of  said  societies  may  on  or  before  the  first  day  of  Sep- 


1760.]  OP    CONNECTICUT.  405 

tember  next  elect  which  of  said  societies  they  will  belong  to 
and  cause  their  names  to  be  entered  as  aforesaid ;  and  upon 
the  entry  of  the  names  of  such  persons  under  either  of  the 
circumstances  aforesaid,  they  shall  be  deemed  to  belong  to 
that  society  where  they  have  so  entered  their  names,  and 
shall  be  rated  and  taxed  accordingly. 

Upon  the  memorial  of  Mary  Johnson,  administratrix  on 
the  estate  of  Hamlin  Johnson  late  of  Middleton  in  said 
Colony,  deceased,  shewing  to  this  Assembly  that  the  debts 
and  charges  allowed  by  the  court  of  probate  for  the  district 
of  Middleton  against  the  estate  of  said  deceased  surmounts 
the  moveable  part  of  said  estate  the  sum  of  £38  12s.  IX^d. 
and  thereupon  praying  for  liberty  to  sell  so  much  of  the  real 
estate  of  said  deceased  as  will  i)rocure  the  aforesaid  sum  with 
the  incident  charges  arising  on  such  sale :  Resolved  by  this 
Assembly,  that  the  memorialist  and  Capt.  Joseph  Johnson, 
both  of  said  Middleton,  have  liberty,  and  they  are  hereby 
[288]  fully  impowered,  to  sell  so  much  of  the  real  estate  of 
said  deceased  as  will  procure  the  aforesaid  sum  of  £38  12s. 
ll^d.  with  the  incident  charges  arising  on  such  sale ;  taking 
the  direction  of  the  court  of  probate  for  the  district  of  Middle- 
ton  therein. 

Upon  the  memorial  of  Henry  Allen,  administrator  on  the 
estate  of  Edward  Egglestone,  late  of  Windsor,  deceased,  rep- 
resenting to  this  Assembly  that  the  debts  and  charges  due 
from  the  estate  of  said  deceased  surmount  the  moveable  es- 
tate of  said  deceased  the  sum  of  X22  19s.  b^d.  lawful  money, 
and  praying  for  liberty  to  sell  so  much  of  the  real  estate  of 
said  deceased  as  will  be  sufficient  to  raise  said  sum  with  the 
incident  charges  arising  thereon :  Resolved  by  this  Assembly, 
that  the  said  administrator  have  liberty,  and  liberty  is  hereby 
granted  to  said  administrator,  to  sell  so  much  of  the  real  es- 
tate of  said  deceased  as  shall  be  sufficient  to  raise  said  sum 
with  the  incident  charges  arising  thereon ;  taking  the  direction 
of  the  court  of  probate  in  the  district  of  Hartford  therein. 

On  the  memorial  of  Abraham  Merrills,  administrator  on  the 
estate  of  Patience  Moodey  late  of  Hartford,  deceased,  for 
liberty  to  sell  real  estate  of  the  said  deceased  to  the  value  of 
£2  15s.  lid.  lawful  money,  for  the  payment  of  debts  due 
from  said  estate  more  than  the  moveables  would  pay,  as  per 
memorial  on  file  :  Resolved  by  this  Assembly,  that  the  me- 
morialist have  lilicrty,  and  it  is  here))y  granted  to  him,  to  sell 
real  estate  of  the  said  Patience  Moodey,  deceased,  for  the  pay- 
ment of  debts  due  from  said  estate  to  the  value  of  X2  15s. 
lid.  lawful  money,  and  charge  of  sale  ;  taking  the  advice  of 
the  court  of  probate  in  the  district  of  Hartford  therein. 


406  PUBLIC   RECORDS  [May, 

Upon  the  memorial  of  Ebenezer  Fisk,  representing  that  his 
dwelling-house  and  buildings  where  he  now  lives  is  situate  on 
a  tract  of  land  called  the  Purchase,  between  the  original 
bounds  of  the  towns  of  Farmington  and  Wallingford,  on  the 
west  side  of  the  country  road  that  runs  north  and  south,  which 
tract  by  act  of  Assembly  had  been  heretofore  annexed  to  the 
parish  of  New  Cheshire  and  under  the  regulation  of  the  town 
of  Wallingiord,  and  that  the  same  lyes  adjoyning  to  the  south 
bounds  of  the  said  town  of  Farmington  and  parish  of  South- 
ington  ;  that  the  same  is  remote  from  the  place  of  public  wor- 
ship in  the  said  parish  of  Cheshire  and  near  the  place  of  pub- 
lic worship  in  said  Southington ;  that  other  of  the  said  pur- 
chase land  lying  eastward  of  said  road  (much  of  which  be- 
longs to  the  memorialist)  is  already  within  said  society  of 
Southington  and  under  the  regulation  of  the  said  town  of 
Farmington,  and  that  it  would  greatly  ease  the  memoralist 
and  be  most  accommodable  on  all  accounts  to  him,  to  have  the 
aforesaid  tract  (whereon  lie  lives  as  aforesaid)  annexed  to  the 
said  society  of  Southington  and  to  be  under  the  regulation  of 
the  said  town  of  Farmington  ;  praying  that  the  same  may  be 
done  accordingly,  as  per  memorial  on  file,  &c.:  It  is  there- 
fore resolved  by  this  Assembly,  that  the  aforesaid  tract  of  land 
whereon  the  memorialist  now  lives,  lying  westward  of  the 
country  road  and  between  that  and  the  river  called  Ten  Mile 
River,  in  quantity  about  seventy  acres,  be  the  same  more  or 
less,  be  and  the  same  is  hereby  annexed  to  the  said  society 
of  Southington,  and  the  same  land  and  all  persons  that  do  or 
shall  dwell  thereon  shall  be  in  all  respects  under  the  regula- 
tion of  said  town  of  Farmington,  both  with  respect  to  duty  and 
priviledge,  as  though  they  had  been  originally  within  their 
grant  and  patent ;  and  also  shall  be  iucluded  within  the  limits 
[289]  of  the  south  military  ||  company  in  the  said  society  of 
Southington ;  any  former  order  or  act  of  this  Assembly 
notwithstanding. 

Upon  the  memorial  of  Benajali  Davis,  of  New  London  in 
the  county  of  New  London,  administrator  on  the  estate  of  John 
Congdon,  late  of  New  London,  deceased,  shewing  to  this  As- 
sembly that  tlie  debts  paid  and  still  due  from  the  estate  of 
said  deceased  surmount  the  personal  estate  the  sum  of  .£106 
14s.  "Id.  lawful  money  ;  praying  this  Assembly  to  grant  liber- 
ty to  the  memorialist,  or  some  other  suitable  person,  to  sell  so 
much  of  the  real  estate  of  the  said  deceased  as  will  procure 
the  sum  abovesaid  with  the  incident  charges  arising  on  said 
sale  :  Resolved  by  this  Assembly,  that  the  memoralist  have 
liberty,  and  liberty  is  hereby  granted  him,  to  sell  so  much  of 


1760.]  OF    CONNECTICUT.  407 

the  real  estate  of  said  deceased  as  will  procure  the  said  sum  of 
£106  14s.  2d.  lawful  money,  witli  the  incident  charges  arising 
thereon  ;  taking  the  advice  of  the  court  of  probate  for  the  dis- 
trict of  New  London  therein. 

On  the  memorial  of  Rachel  Goodrich  and  Jonah  Gillet,  ad- 
ministrators on  the  estate  of  Stephen  Goodrich  late  of  Wind- 
sor, deceased,  representing  to  this  Assembly  that  the  delits  and 
charges  due  from  the  estate  of  said  deceased  (exclusive  of  any 
former  grants  for  sale  of  the  said  deceased's  estate)  surmount 
the  moveable  estate  of  said  deceased  the  sum  of  <£24  12s.  Oc?. 
lawful  money,  and  praying  for  liberty  to  sell  so  much  of  the 
real  estate  of  said  deceased  as  shall  be  sufficient  to  raise  said 
sum  with  the  incident  charges  arising  thereon :  Resolved  by 
this  Assembly,  that  the  memoralists  have  liberty,  and  liberty 
is  hereby  granted  to  them,  to  sell  so  much  of  the  real  estate 
of  said  deceased  as  shall  be  sufficient  to  raise  said  sum  with 
the  incident  charges  arising  thereon  ;  taking  the  direction  of 
the  court  of  probate  in  the  district  of  Hartford  therein. 

Upon  the  memorial  of  Richard  Ely,  of  Lyme  in  New  Lon- 
don county,  and  Abner  Parker  of  SayI>rook,  and  sundry  other 
inhabitants  of  said  Lyme  and  Saybrook,  representing  to  this 
Assembly  that  there  is  great  necessity  of  a  public  ferry  to  be 
set  up  at  said  Ely's  wharf  across  Connecticut  River,  and  also 
to  said  Parker's  wharf;  and  upon  the  memorial  of  Sanuiel 
Selden  of  Lyme  and  Nehemiah  Marvin  of  Saybrook,  and  sun- 
dry others,  inhalutants  of  said  Ijyme  and  Saybrook,  and  sun- 
dry of  the  inhabitants  of  Haddam  and  East  Haddam  in  Hart- 
ford county,  representing  also  to  this  Assembly  -that  there  is 
great  necessity  of  a  public  ferry  to  be  set  up  across  said  river 
near  the  house  of  said  Selden  ;  praying  this  Assembly  that  pulj- 
lic  ferries  may  be  set  up  at  the  aforesaid  places,  &c.:  Resolved 
by  this  Assembly,  that  Richard  Lord,  Esq"",  of  said  Lyme,  and 
Hezekiah  Brainard,  Esq"",  of  Haddam  in  said  Hartford  coun- 
ty, and  Capt.  John  Murdock,  of  said  Sayljrook,  be  a  commit- 
tee, and  they  are  hereby  ap})ointed  a  committee  (at  the  cost 
of  said  memorialists)  to  repair  to  the  places  aforesaid  and  view 
their  circumstances  and  enquire  into  the  necessity  and  con- 
veniency  of  setting  up  public  ferries  at  either  or  both  of  the 
places  aforesaid,  and  to  make  report  to  the  General  Assem- 
bly to  be  held  at  New  Haven  in  October  next. 

Upon  the  memorial  of  Abraham  Dibbel,  of  Torrington  in 
the  county  of  Litchfield,  administrator  on  the  estate  of  Thomas 
Dibbel,  late  of  Torrington,  deceased,  shewing  to  this  Assem- 
bly that  the  debts  due  from  the  estate  of  said  deceased  sur- 
mount the  moveable  estate  the  sum  of  thirty-five  pounds  fif- 


408  PUBLIC   RECORDS  [May, 

teen  shillings  and  nine  pence;  praying  for  liberty  to  sell  so 
much  of  the  real  estate  of  the  said  deceased  as  to  pay  the  said 
[290]  sum  with  the  incident  charges  of  such  sale:  ||  Re- 
solved by  this  Assembly,  that  the  memorialist  have  liberty  and 
he  is  hereby  impowered,  to  sell  so  much  of  the  real  estate  of 
the  said  Thomas  Dil)bel,  deceased,  as  shall  be  sufficient  to  pay 
said  sum,  X35  15s.  9d.,  lawful  money,  together  with  the  inci- 
dent charges  of  such  sale  ;  taking  direction  of  the  court  of 
probate  for  the  district  of  Litchfield  therein. 

Upon  the  memorial  of  Ebenezer  Dodge,  of  Woodstock, 
shewing  to  this  Assembly  that  the  memorialist  was  a  soldier 
in  the  pay  of  this  Colony  under  the  command  of  Capt.  John 
Terry,  in  the  year  1755,  and  that  after  the  dismission  of  the 
troops  he  enlisted  under  Col.  Nathan  Payson  to  tarry,  and  did 
stay  to  assist  in  keeping  the  garrison  at  Fort  Edward  until 
April  1756,  and  being  ordered  with  others  to  go  as  an  escort- 
ing party  down  the  river  toward  Albany,  he  was  taken  by  a 
number  of  the  enemy  and  carried  to  Canada,  and  that  he  con- 
tinued in  captivity  with  the  French  and  Indians,  where  he  en- 
dured many  hardships,  until  the  15th  of  October  1759,  &c.; 
praying  for  a  grant  to  be  made  to  him  out  of  the  treasury  of 
this  Colony  :  Resolved  by  this  Assemlily,  that  the  memorialist 
shall  receive  out  of  the  treasury  of  this  Colony  the  sum  of 
fifteen  pounds,  and  the  Treasurer  is  hereby  ordered  to  pay 
the  same  accordingly. 

Upon  the  memorial  of  James  Ely,  administrator  on  the  es- 
tate of  William  Ely  late  of  Lyme,  deceased,  shewing  to  this 
Assembly  that  said  deceased  made  his  last  will  and  testament 
in  which  he  expressly  ordered  his  executors  therein  named  to 
make  sale  of  his  out-lands  for  payment  of  his  debts  and  educa- 
tion of  an  infant  grand-child  &c.;  that  the  executors  named 
in  said  will  refused  to  accept  said  trust;  that  no  sale  can 
legally  be  made  of  said  lands  nor  said  will  executed  according 
to  the  express  intention  of  said  testator  without  power  from 
the  General  Assembly  of  this  Colony  ;  praying  that  some  suit- 
able person  might  be  appointed  to  make  sale  of  the  aforesaid 
lands  ordered  and  directed  in  said  will  to  be  sold  for  the  pur- 
pose therein  expressed,  as  per  memorial  on  file  &c.:  Resolved 
l)y  this  Assembly,  that  said  memorialist  be  and  he  is  hereby 
impowered  to  make  sale  of  the  said  out-lands  of  said  deceased, 
as  mentioned  in  said  will,  and  that  the  avails  of  the  same 
arising  on  such  sale  to  be  disposed  of  according  to  the  direc- 
tion of  said  testator  given  in  said  will  and  for  the  purposes 
therein  mentioned. 

On  the  memorial  of  Asahel    Raymond    Jun"",  of  Norwalk 


1760.]  OP    CONNECTICUT.  409 

first  society,  and  David  Godfrey,  of  Norfield  in  the  town  of 
Fairfield,  shewing  that  he,  the  said  Raymond,  is  settled  upon 
a  tract  of  land  (part  of  which  belongs  to  said  Godfrey)  which 
is  at  a  great  distance  from  the  meeting-house  in  said  Norwalk 
first  society  bnt  conveniently  situated  for  his  attending  the  pub- 
lic worship  in  said  Norfield  society  :  said  tract  of  land  V)eing 
bounded  as  follows,  viz:  beginning  at  the  first  cross  highway 
below  or  southward  of  the  said  Raymond's  now  dwelling- 
house,  from  thence  running  northward  taking  the  whole  width 
of  the  seventy-rod  division  there,  so  called,  up  to  the  west 
branch  of  Saugatuck  River,  on  which  said  Norfield  parish  is 
bounded  ;  praying  that  said  ti-act  of  land  and  the  inhabitants 
thereof  may  be  annexed  to  said  Norfield  society,  as  per  said 
memorial  on  file,  &c.:  Resolved  by  this  Assembly,  that  the 
said  tract  of  land,  so  bounded  and  described  as  aforesaid,  and 
the  inhabitants  that  now  are  or  hereafter  shall  be  thereon 
settled,  be  and  the  same  is  and  are  hereby  annexed  and  shall 
to  all  intents  and  purposes  belong  to  said  Norfield  society  for 
the  future. 

[291]  Upon  the  memorial  of  Elisha  Williams,  executor  of 
Elisha  Williams,  Esq'',  deceased,  late  colonel  of  a  regiment 
raised  by  this  Colony  in  the  year  1746  for  the  then  intended 
expedition  against  Canada,  and  other  the  officers  of  said  regi- 
ment, representing  that  they  respectively  gave  bond  to  the 
Governor  and  Company  of  said  Colony  for  several  large  sums 
of  money  by  them  received  for  purpose  of  cloathing  and 
furnishing  themselves  to  serve  in  said  expedition  with  the 
greater  decency  and  honour ;  that  it  was  then  expected  said 
sums  would  be  repaid  by  the  crown,  and  that  the  same  have 
probably  at  least  in  part  been  so  repaid  to  the  Colony ;  that 
the  same  was  of  no  real  benefit  or  advantage  to  them  but  only 
to  enable  them  to  serve  with  more  decency  &c.,  and  that 
they  actually  sustained  great  inconveniencies  &c.  by  engag- 
ing in  said  service;  that  notwithstanding,  several  of  said 
bonds  are  now  in  suit  against  them  &c.;  praying  to  be  re- 
leased and  discharged  from  said  bonds  &c.,as  per  memorial 
on  file  appears  &c.:  Resolved  by  this  Assembly,  that  all  the 
said  bonds  so  given  by  any  of  the  officers  of  said  regiment 
(on  payment  of  the  cost  which  may  have  risen  on  any  suits 
which  may  have  been  brought  on  any  of  them  respectively) 
be  and  the  same  are  hereby  released  and  discharged,  and  the 
respective  obligors  shall  forever  hereafter  stand  discharged 
from  any  other  or  further  demands  made  or  to  be  made  on 
said  bonds  or  any  of  them ;  and  the  respective  persons  in 
whose  hands  said  bonds  or  any  of  them  are  or  shall  be  are 

52 


410  PUBLIC  RECORDS  [May, 

hereby  directed  to  deliver  the  same  up  to  the  respective  ob- 
ligors therein  named,  that  the  same  may  be  cancelled,  on 
payment  of  costs  as  aforesaid. 

Upon  the  memorial  of  Daniel  Bissell  and  Jerusha  Wads- 
worth,  executors  of  the  last  will  and  testament  of  Joseph 
Wadsworth  late  of  Windsor,  deceased,  representing  to  this 
Assembly  that  one  Thomas  Marks  mortgaged  to  the  Governor 
and  Company  of  this  Colony  two  hundred  and  twenty  acres  of 
land  situate  in  Middleton,  and  that  a  right  of  redemption  of 
one-half  of  said  land  was  in  the  heirs  of  said  Joseph,  the 
whole  of  said  land  being  mortgaged  for  the  sum  of  £222  lO*;. 
Od.  Connecticut  bills  of  credit  old  tenor,  but  some  difficulties 
attending  the  making  of  such  redemption  it  was  decreed  by 
the  Hon^ie  General  Assembly  in  May  1755,  that  the  agent  for 
the  Colony  should  sell  the  whole  of  said  lands  and,  after 
satisfying  the  said  debt  due  to  the  Colony  and  all  charges,  to 
pay  the  overplus  of  the  avails  of  said  land  to  the  memorialists 
for  the  use  of  the  heirs  and  legatees  of  said  Joseph ;  that  not- 
withstanding afterwards  the  same  not  being  done,  the  said 
lands  were  ordered  to  be  sold  and  were  sold  to  Mrs.  Abigail 
Whitmore  of  Middleton,  whereby  the  effect  of  said  decree  of 
Assembly  in  May  1755  was  defeated,  and  the  memorialist's 
right  of  redemption  is  farther  greatly  encumbred  if  not 
altogether  defeated  &c.;  praying  for  pro])er  relief  in  the  pre- 
mises <fec.  as  per  memorial  on  file  &c.:  Resolved  by  this  As- 
sembly, that  John  Chester  and  Jabez  Hamlin,  Esq""^,  be  and 
they  are  hereby  appointed  a  committee,  to  inquire  and  ex- 
amine into  the  matters  and  things  in  said  memorial  represen- 
ted and  set  forth,  state  the  case  at  large,  and  make  i-eport 
thereof  with  their  opinion  thereon  to  this  Assembly  at  their 
sessions  at  New  Haven  in  October  next. 

[292]  Upon  the  memorial  of  the  inhabitants  of  the  first 
and  second  societies  in  the  town  of  Hartford,  representing 
that  the  inhabitants  of  said  societies  have  no  distinct  paro- 
chial bounds  or  limits,  but  are  interspersed  one  among  an- 
other, that  it  is  thereby  impracticable  to  set  up  schools  or 
school-houses  in  either  of  said  societies  so  as  to  accomodate 
their  respective  members ;  })raying  that  there  may  be  a 
division  of  the  whole  into  two  distinct  districts  for  the  pur- 
pose of  schooling  &c.:  Resolved  by  this  Assembly,  that  Col. 
John  Chester,  Col.  Thomas  Wells  and  Mr.  Abner  Moseley  be 
appointed,  and  they  are  hereby  appointed,  a  committee  to 
view  the  circmnstances  of  said  memorialists  and  to  affix  and 
ascertain  a  rule  or  line  for  the  division  of  said  societies  into 
two  distinct  districts  for  the  purpose  of  erecting  and  support- 


1760.]  OF    CONNECTICUT.  411 

ing  of  their  said  parish  schools  as  shall  in  their  opinion  be 
most  just  and  convenient  for  all  parties  concerned,  and  make 
report  to  this  Assembly  of  their  doings  at  their  present  or 
next  sessions. 

Upon  the  memorial  of  the  inhabitants  of  the  east  part  of 
the  town  of  Torrington,  shewing  to  this  Assembly  that  by 
reason  of  their  great  distance  and  badness  of  tlie  way  they 
cannot  attend  the  public  worship  of  God  at  the  meeting- 
house in  said  town  nor  at  any  other  place  unless  they  main- 
tain it  among  themselves,  and  that  they  are  few  in  number 
and  unable  to  support  the  public  worship  of  God  among  them 
if  obliged  to  pay  their  part  of  the  public  taxes  of  the  govern- 
ment; therefore  praying  that  they  may  be  excused  from  pay- 
ing public  taxes  to  this  Colony:  Resolved  by  this  Assembly, 
that  those  inhabitants  of  the  east  part  of  the  town  of  Torring- 
ton who  obtained  lil)erty  of  this  Assembly  to  hire  preaching 
and  carry  on  divine  worship  among  themselves,  and  were 
therefore  excused  from  paying  rates  for  such  purpose  else- 
where, shall  be  excused  from  paying  public  taxes  to  this 
Colony  during  the  pleasure  of  this  Assembly. 

On  the  memorial  of  Sanniel  Stratten,  administrator  on  the 
estate  of  Nicholas  Nichols,  late  of  Glassenbury  in  the  county 
of  Hartford,  deceased,  representing  that  the  debts  and  charges 
due  from  estate  of  the  said  deceased  surmount  the  moveable 
estate  of  the  said  deceased  the  sum  of  £51  5s.  lid.  lawful 
money ;  praying  for  liberty  to  sell  real  estate  of  the  said  ile- 
ceased,  as  per  memorial  on  tile :  Resolved  by  this  Assembly, 
that  the  said  memorialist  have  liberty,  and  it  is  hereby  grant- 
ed to  the  said  memorialist,  to  sell  of  the  real  estate  of  the 
said  deceased  to  the  value  of  X51  5^'.  Ihd.  lawful  money  for 
the  payment  of  said  debts  and  incident  charges  of  sale  arising ; 
taking  the  direction  of  the  court  of  probate  in  the  district  of 
Hartford  therein. 

Upon  the  memorial  of  Joseph  Buckingham,  Thomas  Sey- 
mour and  others,  inhabitants  of  the  town  of  Hartford,  praying 
for  a  lottery  <fec.  as  per  memorial  on  file :  Resolved  by  this 
Assembly,  that  the  memorialists  have  liberty  by  lottery  to 
raise  the  sum  of  three  hundred  pounds  lawful  money  on  a  de- 
duction of  ten  per  cent,  on  the  sale  of  the  tickets  in  said  lot- 
[293]  tery,  for  the  repairing  the  main  streets  in  the  ||  town 
of  Hartford  on  the  west  side  of  Connecticut  River,  (a  number 
of  the  inhabitants  in  said  town  having  bound  themselves  to 
risque  the  tickets  that  shall  remain  undisposed  of  at  the  time 
appointed  for  drawing  said  lottery,)  and  that  Messrs.  John 
Lawrence,  Benjamin  Paine  and  John  Coleman  be  and  they 


412  PUBLIC    RECORDS  [May, 

are  hereby  appointed  manaf^ers  of  said  lottery,  and  that  they 
be  sworn  to  a  faithful  discharge  of  said  trust,  and  that  said 
managers  shall  be  allowed  out  of  said  deduction  the  sum  of 
thirty  pounds,  and  the  residue  of  said  <£300  to  be  delivered 
into  the  hands  of  Messrs.  William  Tiley,  Richard  Edwards 
and  Elihu  Wadsworth,  a  committee  hereby  appointed  to  re- 
ceive and  dispose  of  said  monies  for  the  purpose  aforesaid, 
and  to  render  an  account  thereof  to  this  Assem]>ly  when  they 
shall  be  by  said  Assembly  thereto  required ;  and  that  said 
lottery  be  drawn  within  twelve  months  from  and  after  the 
rising  of  this  Assembly,  and  to  be  under  the  inspection  of 
Daniel  Edwards,  Joseph  Talcott  and  John  Ledyard,  Esqf^, 
who  are  hereby  appointed  to  inspect  the  same. 

Upon  the  memorial  of  the  inhabitants  of  the  town  of  Plain- 
field,  shewing  to  this  Assembly  that  some  unhappy  difficulties 
have  for  a  long  time  subsisted  among  them;  praying  to  be 
made  two  ecclesiastical  societies,  as  per  memorial  on  file : 
Resolved  by  this  Assembly,  that  Jonathan  Trumble,  Heze- 
kiah  Huntington,  and  Jabez  Huntington,  Esq""*,  be  and  they 
are  hereby  appointed  a  committee  to  repair  to  said  Plainfield 
and  enquire  into  the  matters  referred  to  in  said  memorial,  as 
also  to  take  a  list  of  such  of  said  inhabitants  as  are  desirous 
to  be  made  a  new  society,  together  with  a  particular  repre- 
sentation of  the  method  of  setting  off  and  constituting  such 
new  society,  and  report  with  their  opinions  thereon  to  this 
Assembly  at  their  sessions  in  October  next. 

Upon  the  memorial  of  Gamaliel  Whiting  of  Canaan,  ad- 
ministrator on  the  estate  of  David  Graves  late  of  said  Canaan, 
deceased,  shewing  to  this  Assembly  that  the  debts  due  from 
the  estate  of  said  deceased  surmount  the  personal  estate  the 
sum  of  X31  7s.  5kd.  and  praying  for  liberty  to  sell  so  much 
of  said  deceased's  real  estate  as  will  pay  and  satisfy  said  sum : 
Resolved  by  this  Assembly,  that  the  said  Gamaliel  Whiting 
have  liberty  and  he  is  hereby  im})owered,  to  sell  so  much  of 
the  real  estate  of  the  said  deceased  David  Graves  as  will  be 
sufficient  to  satisfy  the  sum  aforesaid  with  the  incident 
charges  arising  on  such  sale ;  taking  directions  of  the  court 
of  probate  in  the  district  of  Sharon  therein. 

Upon  the  petition  of  Pelatiah  Fitch,  of  Groton  in  New  Lon- 
don county,  administrator  on  the  estate  of  Samuel  Burroughs 
late  of  said  Groton,  deceased,  shewing  to  this  Assembly  that 
the  debts  due  from  said  estate  amounts  to  the  sum  of  .£13  3s. 
Sd.  lawful  money,  and  that  there  is  no  personal  estate  of  said 
deceased  to  satisfy  the  same,  (said  deceased  having  loft  noth- 
ing but  real  estate ;)  praying  for  liberty  to  sell  so  much  of  the 


I 


1760.]  OF    CONNECTICUT.  413 

real  estate  of  said  deceased  as  to  raise  said  sum  &c.:  Re- 
solved by  tljis  Assembly,  that  said  administrator  have  liberty, 
and  liberty  is  hereby  granted  to  him,  to  sell  and  dispose  of  so 
[204]  much  of  the  real  estate  of  said  deceased  as  shall  be  || 
sufficient  to  satisfy  said  sum  of  <£13  3s.  Sd.  lawful  money  to- 
gether witli  the  necessary  charges  of  such  sale;  taking  tlic  di- 
rection of  the  court  of  probate  for  the  distiict  of  New  London 
therein. 

Upon  the  memorial  of  the  inhabitants  of  the  town  of  New 
Fairfield,  shewing  that  said  town  is  divided  into  two  ecclesias- 
tical societies,  that  many  of  the  said  inhal)itants  are  poor  and 
have  been  at  the  charge  of  building  a  meeting-house  and  of 
settling  two  ministers  in  each  of  said  societies,  and  that  they 
shall  not  be  able  to  support  the  gospel  among  them  if  they  are 
obliged  to  pay  country  rates  ;  therefore  praying  tliis  Asseml)ly 
to  excuse  the  memorialists  from  paying  country  rates :  Resol- 
ved by  this  Assembly,  tliat  the  inhabitants  of  the  said  town  of 
New^  Fairfield  shall  be  excused  and  they  are  hereby  exempted 
from  paying  rates  or  taxes  to  the  Colony  during  the  pleasure 
of  this  Assembly. 

Upon  the  memorial  of  Daniel  Porter,  of  Stratford  in  the 
county  of  Fairfield,  conservator  of  the  estate  of  Margaret  Cur- 
tis of  said  Stratford,  a  person  non  compos  mentis,  shewing  to 
this  Assembly  that  the  expences  for  the  maintenance  of  the 
said  Margaret  from  the  first  day  of  February  1757,  to  the  first 
day  of  July  1759,  amounted  to  the  sum  of  thirty  pounds 
eleven  shillings  and  seven  pence,  six  pounds  five  shillings 
whereof  being  answered  by  the  rent  of  her  lands  there  remains 
due  for  said  maintenance  twenty-four  pounds  six  shillings 
and  seven  pence,  and  that  the  said  Margaret  has  no  personal 
estate  but  considerable  real  estate  ;  praying  for  liberty  to  sell 
so  much  of  said  estate  as  will  satisfy  said  remaining  duty,  as 
by  his  memorial  on  file  appears  :  Resolved  by  this  Assembly, 
that  liberty  and  authority  be  given,  and  liberty  and  authoi-ity 
is  hereliy  given,  to  the  said  Daniel  Porter  to  sell  so  much  of 
the  j'eal  estate  of  the  said  Margaret  Curtis  as  will  be  sufficient 
to  answer  and  satisfy  said  sum  of  twenty-four  pounds  six  shil- 
lings and  seven  pence,  and  make  and  execute  deed  or  deeds 
accordingly :  taking  the  advice  of  the  selectmen  of  said  Strat- 
ford therein  ;  and  that  tlie  avails  of  said  sale  be  improved  for 
the  use  of  satisfying  said  expences.  - 

On  the  memorial  of  Robert  Durkee  of  Windham,  shewing 
to  this  Assembly  that  in  the  year  1758,  he  lieing  a  lieutenant 
in  the  service  of  this  Colony  in  Col.  Fitches  regiment  was 
wounded  in  actual  engagement  with  the  enemy  near  a  place 


414  PUBLIC   RECORDS  [May, 

called  Fort  Ann,  whereby  he  lay  confined  and  was  put  to  very 
considerable  charge  and  expence,  &c.;  yjraying  for  relief  &c. 
as  per  memorial  on  file :  Resolved  by  this  Assembly,  that  the 
said  Robert  Durkee  have  the  sum  of  twenty-five  ])Ounds  paid 
him  out  of  the  treasury  of  this  Colony  ;  and  the  Treasurer  of 
this  Colony  is  ordered  to  pay  the  same  accordingly. 

Upon  the  memorial  of  Capt.  Jedidiah  Fay  of  Ashford,  shew- 
ing to  this  Assembly  that  he  was  in  the  year  1758  in  the  ser- 
vice of  this  Colony  at  a  place  called  Wood  Creek,  when  and 
where  being  on  duty  he  received  a  shot  from  the  enemy 
through  his  right  ankle,  by  means  of  which  he  endured  great 
pain  and  hath  been  put  to  great  cost  &c.,  and  that  he  remains 
a  cripple  by  means  of  said  wound  ;  praying  for  such  relief  as 
by  this  Assembly  should  be  thought  fit:  Resolved  by  this  As- 
sembly, that  the  said  Fay  receive  out  of  the  ])u1)lic  treasury  of 
this  Colony  the  sum  of  thirty  pounds  in  bills  of  this  Colony  ; 
and  the  Treasui'cr  of  this  Colony  is  hereby  ordered  and  di- 
rected to  pay  to  him  said  sum  accordingly. 

[295]  Upon  the  petition  of  Jerusha  Thompson,  of  Fairfield 
in  the  county  of  Fairfield,  administratrix  on  the  estate  of  John 
Thompson  late  of  said  Fairfield,  deceased,  representing  to 
this  Asseml)ly  that  the  debts  due  from  the  estate  of  said  de- 
ceased surmount  the  moveable  estate  of  said  deceased  the  sum' 
of  X34  4s.  Od.  lawful  money;  praying  that  she  together 
with  Capt.  Samuel  Burr  of  said  Fairfield  may  have  lil)erty  and 
power  to  sell  so  much  of  the  real  estate  of  said  deceased  as 
shall  be  sufficient  to  raise  said  sum  with  the  incident  charges 
that  may  arise  thereon ;  as  per  said  memorial  on  file  appears  : 
Resolved  by  this  Asseml)ly,  that  the  said  administratrix  and 
said  Samuel  Burr  have  liberty,  and  liberty  and  power  is  hereby 
granted  to  them,  to  sell  and  convey  so  much  of  the  real  estate 
of  said  deceased  as  shall  be  sufficient  to  raise  the  said  sum  of 
X34  4s.  Od.  lawful  money,  together  with  the  incident  charges 
which  may  arise  on  such  sale  ;  taking  the  advice  of  the  court 
of  proljate  for  the  district  of  Fairfield  therein. 

Upon  the  memorial  of  Robert  Cleland  of  New  London, 
shewing  to  this  Assembly  that  he  has  for  eight  years  past  been 
employ'd  to  teach  the  Indian  children  at  Mohegan  to  read 
&c.,  that  the  salary  allowed  by  the  Hon'''^  Commissioners 
to  said  memorialist  in  that  service  is  not  sufficient  to  supi)ort 
him,  that  he  is  reduced  to  straits  and  difiicidties  ;  praying  for 
relief  &c.  as  per  memorial  on  file:  This  Assembly  grants  to 
said  memorialist  the  sum  of  forty  ])ounds,  to  be  paid  out  of 
the  public  treasury  of  this  Colony,  for  his  extraordinary  ser- 
vice aforesaid  ;  and  the  Treasurer  of  this  Colony  is  hereby 
ordered  and  directed  to  pay  the  same  accordingly. 


1760.]  OP    CONNECTICUT.  415 

Upon  the  memorial  of  John  Wood,  Silas  Dean,  Nathaniel 
Brown  Jnn''  and  Jacob  Parks,  proprietors  of  the  common  and 
undivided  lands  in  the  town  of  Groton,  and  the  rest  of  the 
proprietors  of  said  common  lands,  I'cjjresenting  that  there  had 
been  long  controversies  subsisting  between  the  said  proprie- 
tors and  the  Pequot  Indians  respecting  the  Mashantuxit  lands 
in  said  Groton,  where  the  said  Indians  live,  and  their  respect- 
ive rights  and  improvements  thereof,  and  said  controversies 
were  like  to  continue  &c.;  praying  that  a  committee  be  ap- 
pointed to  the  purpose  of  quieting  and  settling  the  said  con- 
troversies &c.,  as  per  the  memorial  on  file  :  Resolved  by  this 
Assembly,  that  John  Chester,  Jabez  Hamlin  and  Setli  Wet- 
more,  Esq'"'',  be  and  they  are  hereby  appointed  a  committee,  at 
the  cost  of  the  memorialists,  to  repair  to  said  Groton,  to  view 
and  enquire  into  the  circumstances  of  the  said  Masshantuxit 
lands,  and  to  examine  and  consider  all  former  acts  of  this  As- 
sembly respecting  the  said  lands,  and  the  claims  and  improve- 
ments of  the  said  memorialists  and  of  the  said  Indians,  that 
they  may  find  or  that  shall  be  laid  before  them,  and  all  other 
matters  relative  to  the  right  or  improvement  of  said  lands  or 
referred  to  in  said  memorial,  and  to  make  report  of  Avhat  they 
shall  find,  with  their  opinion  thereon,  to  this  Assembly  at  their 
sessions  in  October  next. 

Upon  the  memorial  of  Josiah  Cleveland,  Elisha  Pain,  and 
others  of  the  inhabitants  of  the  first  society  of  the  town  of 
Canterbury,  shewing  to  this  Assembly  that  the  church  of 
[296]  Christ  in  the  society  aforesaid  was  j|  unhappily  divided 
ajii  their  religious  sentiments  respecting  the  way  of  adminis- 
j^.-ing  church  discipline  and  the  settlement  of  the  Rev''  Mr. 
->ames  Cogswell,  the  present  incumbent  in  the  established 
church  in  said  society,  for  the  accommodating  whereof  the 
whole  consociation  of  the  county  of  Windham  were  called  in 
and  assembled  at  said  Canterbury  on  the  2(>th  day  of  Decem- 
ber A.D.  1744,  who  upon  a  full  hearing  and  deliberation  of 
said  matters  of  difference  did  advise  the  said  society  by  their 
vote  to  signify  their  consent  that  those  of  their  bretliren  and 
friends  who  strictly  adhered  to  the  congregational  consti- 
tution of  church  discipline  and  refused  to  subject  themselves 
to  Saybrook  Platform  and  said  incumbent's  ministry  should  be 
released  and  discharged  from  paying  anything  towards  the 
supporting  said  incuml»ent  or  living  under  his  ministry  any 
longer  than  until  lawfully  set  off  by  the  General  Assembly, 
which  said  society  in  their  meeting  on  the  26th  day  of  Decem- 
ber aforesaid  accordingly  voted  ;  and  furthermore  the  said  rev- 
erend consociation  at  the  same  time  did  nominate  and  appoint 


416  PUBLIC   RECORDS  [May, 

their  moderator  and  scribes,  in  the  name  and  behalf  of  said 
council,  to  represent  the  state  of  said  congregational  brethren 
and  adherents  to  this  Assembly  by  their  memorial  for  their 
obtaining  such  release  and  discharge  as  aforesaid  whenever 
they  should  apply  therefor,  which  having  been  long  delayed 
and  the  said  dissenting  brethren  in  the  mean  while  enforced 
to  pay  their  proportionable  part  of  the  tax  for  the  support  of 
said  established  minister  in  said  society,  altho'  he  never  had 
any  pastoral  charge  over  them,  and  application  having  been 
now  made  to  this  Assembly  by  said  first  society  in  behalf  of 
said  congregational  brethren  and  their  adherents,  praying 
that  they  might  be  released  and  exempted  from  ])aying  any 
tax  or  taxes  that  shall  be  levied  for  the  settlement  or  the  sup- 
port of  the  established  ministry  or  minister  already  settled  or 
to  be  settled  hereafter,  or  for  the  building  or  repairing  any 
meeting-house  or  meeting-houses  in  said  society  for  the  estab- 
lished church  as  aforesaid,  and  that  they  be  allowed  to  uphold 
and  maintain  the  public  worship  of  God  and  gospel  ministry 
and  congregational  discipline  at  their  own  proper  expence  and 
charge,  and  that  the  said  })riviledge  and  exemption  might  be 
extended  to  said  dissenting  brethren  and  adherents  by  name, 
viz:  Joseph  Marshall,  Obadiah  Johnson,  Thomas  Buswell, 
Josiah  Cleveland,  William  Bradford,  David  Carver,  Caleb 
Hyde,  Joseph  Bacon,  Edward  Waldoe,  Benjamin  Smith,  Jo- 
siah Hyde,  Joseph  Morse,  Ezekiel  Spaulding,  John  Ormsby, 
Cornelius  Waldoe,  Silas  Cleveland,  Elisha  Pain,  Elijah  Bacon, 
Amy  Nowling,  Joseph  Adams,  John  Adams,  Barnabas  Allen, 
Parker  Adams,  Benjamin  Brown,  Jedidiah  Benjamin,  Timoth/ 
Backus  jun"",  Benjamin  Bacon,  Tryal  Baker,  Pain  Cleveland 
John  Carter,  Eleazer  Cleaveland,  Aaron  Cleveland,  Ezri 
Cleveland,  Hopestill  Cleveland,  James  Delop,  Nehemiah 
Hyde,  William  Johnson,  John  Johnson,  Obadiah  Johnson 
jun"",  Antliony  Morse,  Josiah  Morse,  John  Park,  David  Pain, 
Solomon  Pain,  Zechariah  Waldoe,  Robert  Ransom,  Josiah 
Spaulding,  Phineas  Benjamin,  Nathan  Williams,  Asa  Cleve- 
land, Lemuel  Parish,  Isaac  Hyde  jun'',  and  Comfort  Hyde, 
and  also  their  issue  and  descendants  who  as  they  shall  attain 
to  the  age  of  twenty-one  years  and  are  then  desirous  and  shall 
choose  to  attend  divine  worship  in  like  manner  in  said  distinct 
meeting,  they  and  each  of  them  so  attaining  unto  lawful  age 
and  entring  their  names  with  the  said  society's  clerk,  as  by  a 
copy  of  the  vote  of  said  society  dated  April  21st  1760,  shewn 
to  this  Assembly,  signifying  their  consent  to  such  release 
and  priviledge  and  praying  tliis  Assembly  to  ratify  and  con- 
firm the  same  upon  the  aforenamed  dissenting  brethren  and 
their  adherents  and  descendants  according  to  the  form  and 


1760.]  OF    CONNECTICUT.  417 

effect  of  said  society's  vote  &c.,  as  per  their  memorial  on  file  : 
[297]  Whereupon  it  is  resolved  by  this  Assembly,  that  the  || 
aforesaid  Joseph  Marshal,  Obadiah  Johnson,  Thomas  Bus- 
well  &c.  and  the  rest  of  the  persons  before  named,  shall  be 
and  they  are  hereby  declared  to  be  released  and  exempted 
from  paying  any  tax  or  taxes  that  shall  hereafter  be  levied  for 
the  settlement  or  support  of  the  established  ministry  or  min- 
ister already  settled  or  to  be  settled  hereafter,  or  for  the 
building  or  repairing  any  meeting-house  or  meeting-houses  in 
said  society  for  the  established  church  as  aforesaid,  and  that 
they  shall  be  allowed  to  keep  up  and  maintain  the  public  wor- 
ship of  God  in  their  own  way  as  aforesaid  among  themselves, 
according  to  the  tenor  of  the  said  society's  vote  as  aforesaid 
and  the  regulations  and  restrictions  thereof,  which  in  all 
things,  both  in  respect  to  themselves  and  said  exempted  in- 
habitants, is  by  this  Assembly  approved,  ratified  and  con- 
firmed. 

Whereas  Benjamin  Uncas,  sachem  of  the  tribe  of  Mohegan 
Indians,  hath  applied  to  this  Assembly,  representing  that 
waste  and  destruction  is  made  of  the  wood  and  timber  grow- 
ing on  tlie  lands  belonging  to  said  Indians  at  Mohegan,  that 
said  Indians  are  in  danger  of  suffering  loss  and  prejudice 
thereby ;  praying  that  some  proper  remedy  might  be  taken  to 
prevent  the  same  : 

Be  it  therefore  enacted  by  the  Grovernor,  Council  and  Rep- 
resentatives, in  Q-eneral  Court  assembled,  and  by  the  authority 
of  the  same.  That  no  person  or  persons  whatsoever  shall 
carry  off  from  any  of  the  lands  belonging  to  said.  Indians  at 
Mohegan  in  the  possession  of  any  person  or  persons  whatso- 
ever, any  wood  or  timber  of  any  kind  without  the  leave  or  li- 
cense of  the  major  part  of  the  overseers  of  said  Indians  (ap- 
pointed by  this  Assembly)  first  had  and  obtained,  on  pain 
that  every  person  or  persons  so  carrying  off  any  such  wood  or 
timber  as  aforesaid  shall  forfeit  three  times  the  value  of  such 
wood  or  timber  so  carried  off  as  aforesaid ;  which  forfeiture 
shall  be  for  the  use  of  said  tribe  of  Indians,  and  recoverable 
by  action  brought  in  their  name  and  behalf  by  their  overseers 
aforesaid  before  any  court,  assistant  or  justice  of  the  peace, 
in  the  same  manner  as  recoveries  are  had  according  to  the 
laws  of  this  Colony  already  made  and  provided. 

And  forasmuch  as  it  may  happen  that  the  breaches  of  this 
act  may  be  committed  where  full  evidence  in  the  ordinary 
course  of  the  law  may  not  be  had, 

Be  it  therefore  further  enacted  by  the  authority  aforesaid, 
That  in  case  any  dispute  arise  in  any  action  brought  for  the 

53 


418  PUBLIC   RECORDS  [May, 

breach  of  this  act,  wherein  the  plaintiffs  may  not  be  able  to 
produce  any  other  evidence  than  to  render  it  highly  probable 
to  the  court,  assistant  or  justice  before  whom  the  trial  is,  that 
the  defendant  is  guilty  of  the  facts  charged  against  him,  then 
and  in  every  such  case  unless  the  defendant  shall  acquit  him- 
self upon  oath  that  he  did  not  do  nor  cause  to  be  done  the 
facts  charged  against  him  in  the  declaration,  or  any  of  them, 
(which  oath  the  said  court,  assistant  or  justice  are  hereby  im- 
powered  to  administer,)  the  plaintiffs  shall  recover  the  pen- 
alties aforesaid  with  cost:  but  if  the  defendant  shall  in  such 
manner  acquit  himself  upon  oath  as  aforesaid,  the  said  court, 
assistant  or  justice  shall  enter  up  judgment  for  the  defendant 
to  recover  his  cost.  And  the  aforesaid  overseers  of  said  In- 
dians' affairs  are  hereby  directed  to  make  prosecution  of  all 
breaches  of  this  act,  and  also  diligently  to  inspect  said  affairs 
and  use  their  utmost  endeavours  to  prevent  all  encroach- 
ments, trespasses  or  disturbances,  to  be  offered  or  done  to 
said  Indians  in  the  improvement  of  their  lands  aforesaid  ;  also 
to  assist  said  Indians  in  obtaining  proper  redress  for  any 
wrong  and  injuries  that  may  be  done  to  them  relative  to  the 
matters  aforesaid. 

[298]  Upon  the  memorial  of  Joseph  Leach  of  New  London, 
administrator  on  the  estate  of  Richard  Leach  late  of  said  New 
London,  deceased,  shewing  to  this  Assembly  that  the  debts 
due  from  the  estate  of  said  deceased  surmount  the  personal 
estate  of  said  deceased  the  sum  of  <£28  lis.  5d.  and  that  the 
whole  of  said  real  estate  consist  in  a  small  house  and  about 
seven  acres  of  rough  land,  all  prized  at  but  XoO,  and  in 
selling  part  would  be  prejudicial  to  the  remainder ;  praying 
also  for  liberty  to  sell  the  wliole  of  said  house  and  land:  Re- 
solved by  this  Assembly,  that  the  said  Joseph  Leach  hath 
liberty,  and  liberty  is  hereby  granted  to  the  said  Joseph  Leach, 
to  sell  the  whole  of  said  real  estate  with  the  advice  of  the 
court  of  probates  for  the  district  of  New  London,  and  that  the 
overplus  of  the  moneys  so  raised  by  said  sale  (if  any  be) 
shall  by  the  said  court  of  probates  be  improved  for  the  benefit 
of  the  orphans  that  are  heirs  to  said  estate,  as  said  court  shall 
judge  proper. 

Upon  the  memorial  of  Daniel  Osborn  of  Fairfield,  conserva- 
tor of  Thaddeus  Osborn  of  said  Fairfield,  shewing  to  this  As- 
sembly that  the  said  Thaddeus  hath  for  some  time  i)ast  been 
and  still  is  distracted  and  unable  to  take  care  of  and  provide 
for  himself,  and  that  the  said  Daniel  Osborn  hath  necessarily  ' 
expended  towards  the  support  of  him,  the  said  Thaddeus,  the  Ijj 
sum  of  .£11  5s.  Hid.  lawful  money,  for  defraying  which  he     n 


1760.]  OF    CONNECTICUT.  419 

hath  no  personal  estate  belonging  to  the  said  Thaddeus  in  his 
hands,  and  praying  that  some  meet  person  may  be  appointed 
to  sell  so  much  of  the  real  estate  of  the  said  Thaddeus  as  will 
answer  the  same  :  Resolved  by  this  Assemljly,  that  the  select- 
men of  the  town  of  Fairfield  have  liberty  and  they  are  hereby 
impowered,  to  make  sale  of  so  much  of  the  I'eal  estate  of  the 
said  Thaddeus  Osborn  as  will  be  sufficient  to  pay  and  satisfy 
the  aforesaid  sum  of  Xll  5s.  ll^d.  with  the  incident  cliarges 
arising  on  such  sale. 

Upon  the  memorial  of  Rachel  Moger,  administratrix  on  the 
estate  of  Samuel  Moger  late  of  Stanford,  deceased,  represent- 
ing to  this  Assembly  that  the  debts  and  charges  due  from 
the  estate  of  i^id  deceased,  over  and  above  what  of  the  real 
estate  of  said  deceased  hath  been  by  order  of  Assembly 
already  sold,  surmounts  the  personal  estate  of  said  deceased 
the  sum  of  £5  14s.  6d.  lawful  money;  praying  for  liberty  to 
sell  so  much  of  the  real  estate  of  said  deceased  as  will  raise 
said  sum:  Whereupon  liberty  is  hereby  granted  the  said 
Rachel  Moger  to  sell  so  much  of  the  real  estate  of  said  de- 
ceased as  shall  be  sufficient  to  raise  said  sum  with  the  inci- 
dent charges  arising  thereon;  taking  the  direction  of  the 
court  of  probate  in  the  district  of  Stanford  therein. 

Upon  the  memorial  of  Nathaniel  Mead  of  Greenwich,  ad- 
ministrator on  the  estate  of  Jonathan  Fisk  late  of  said  Green- 
wich, deceased,  representing  to  this  Assembly  that  the  debts 
due  from  said  estate  surmount  the  inventoried  personal  es- 
tate of  said  deceased  the  sum  of  <£24  3s.  S^d.;  praying  for 
liberty  to  sell  so  much  of  the  real  estate  of  said  deceased  as 
shall  amount  to  said  sum  with  incident  charges  &c.,  as  per 
memorial  on  file :  Whereui)on  liberty  is  hereby  granted  to 
the  memorialist  to  sell  so  much  of  the  real  estate  of  said  de- 
ceased as  shall  amount  to  said  sum  of  £24  os.  did.  with  in- 
cident charges  arising ;  taking  the  direction  of  the  court  of 
probate  for  the  district  of  Stanfoixl  therein. 

[200]  Upon  the  memorial  of  Abigail  Barns,  administratrix 
on  the  estate  of  Thomas  Barns  late  of  New  Haven,  deceased, 
representing  to  this  Assembly  that  the  debts,  charges  and 
allowances  to  the  widow  of  said  deceased  surmount  the  whole 
moveable  inventoried  estate  of  said  deceased  the  sum  of  .£24 
Cys.  4:d.  lawful  money,  and  praying  for  liberty  to  sell  so  much 
of  the  real  estate  of  said  deceased  as  will  be  sufficient  to  raise 
said  sum  with  the  incident  charges  arising  thereon  :  Wherc- 
ujion  liberty  is  hereby  granted  to  the  said  Abigail  Barns,  to 
sell  so  much  of  the  real  estate  of  said  deceased  as  will  be 
sufficient  to  raise  said  sum  with  the  incident  charges  arising 


420  PUBLIC  RECOEDS  [May, 

thereon ;  taking  the  direction  of  the  court  of  probate  in  the 
district  of  New  Haven  therein. 

Upon  the  memorial  of  James  Cone  of  East  Haddam,  shew- 
ing to  this  Assembly  that  he  had  been  appointed  by  the  said 
town  of  East  Haddam  to  gather  the  three  last  country  rates 
in  said  town  for  the  two  last  years  past,  as  well  as  two  others 
some  years  before  &c.,  and  that  the  memorialist  had  always 
been  very  careful  of  said  money  when  collected,  to  secure  the 
same  within  a  good  desk  (fee,  which  always  proved  to  be  se- 
cure when  in  said  desk  till  the  11th  day  of  January  last  past, 
when  the  memorialist  found  that  his  said  desk  had  been 
broken  open  by  some  evil-minded  person  &c.,  and  upon  careful 
examination  the  memorialist  found  there  w»as  missing  of 
the  said  money  taken  out  of  said  desk,  broken  open  as  afore- 
said, the  sum  of  twenty-eight  pounds  nineteen  shillings  and 
ten  pence  of  the  said  money  by  him  so  collected  for  the 
government,  and  that  the  memorialist  had  expended  a  great 
deal  both  of  time  and  money,  endeavoring  to  find  out  who  had 
broken  open  said  desk  and  taken  out  said  money,  but  could 
not  as  yet  make  any  discovery  thereof ;  and  requesting  of  this 
Assembly  to  abate  to  the  memorialist  the  said  sum  of  £28 
19s.  lOd.  or  some  part  thereof  <fec.:  Resolved  by  this  Assembly, 
that  the  memorialist  be  abated  and  he  is  hereby  abated  the 
sum  of  twenty  pound  of  said  money  requested  for  as  afore- 
said, and  the  Treasurer  is  hereby  ordered  to  allow  the  same 
accordingly. 

Upon  the  memorial  of  Samuel  Manning  and  Eunice  Man- 
ning, of  Stratford  in  Fairfield  county,  administrators  on  the 
estate  of  John  Blackman  late  of  said  Stratford,  deceased,  rep- 
resenting to  this  Assembly  that  the  debts  due  from  said  es- 
tate surmount  the  moveable  estate  the  sum  of  six  pounds  one 
shilling  and  one  peimy  half-penny  lawful  money,  and  that  the 
real  estate  of  said  deceased  consisting  only  of  a  small  house 
and  half  an  acre  of  land,  and  that  apprized  at  twelve  pounds, 
and  that  a  part  thereof  cannot  be  sold  without  the  whole 
without  considerable  disadvantage,  and  praying  for  liberty  to 
sell  the  said  house  and  land,  and  out  of  the  avails  thereof  to 
pay  the  said  debts  and  charges  arising  thereon:  Resolved  by 
this  Assembly,  that  the  said  administrators  have  liberty,  and 
liberty  and  power  is  hereby  given  and  granted  to  said  adminis- 
trators, to  sell  the  said  house  and  land,  taking  the  directions 
of  the  court  of  probate  in  the  district  of  Fairfield  therein,  and 
that  the  said  debts  and  incident  charges  be  paid  out  of  the 
avails  thereof,  and  the  residue  thereof  be  disposed  of  accord- 
ing to  order  of  said  court  of  probate. 


1760.]  OF    CONNECTICUT.  421 

Upon  the  memorial  of  Thomas  Fellows,  administrator  on 
the  estate  of  William  Fellows  late  of  Canaan,  deceased,  shewing 
[300]  to  this  II  Assembly  that  the  debts  now  due  from  the 
estate  of  said  deceased  amount  to  the  sum  of  <£33  Is.  Sd., 
which  sum  the  said  administrator  hath  no  personal  estate  of 
the  said  deceased  William  Fellows  in  his  hands  to  answer ; 
praying  for  liberty  to  sell  part  of  the  real  estate  of  the  said 
deceased  to  satisfy  the  same:  Resolved  by  this  Assembly, 
that  the  said  Thomas  Fellows  have  liberty  and  he  is  hereby 
impowered,  to  make  sale  of  so  much  of  the  real  estate  of  the 
said  deceased  William  Fellows  as  will  be  sufficient  to  raise 
and  pay  the  aforesaid  sum  of  X33  Is.  8d.  with  the  incident 
charges  arising  on  such  sale;  taking  directions  of  the  court 
of  probate  in  Sharon  district  therein. 

On  the  memorial  of  Samuel  Roberts  jun"",  administrator  on 
the  estate  of  William  Brown  late  of  Hartford,  deceased,  for 
liberty  to  sell  real  estate  of  the  said  deceased  for  the  payment 
of  debts  due  from  said  estate  more  than  the  moveables  would 
pay,  to  the  amount  of  X7  38.  4c?.  lawful  money  with  charge 
of  sale  :  Resolved  by  this  Assembly,  that  the  memorialist 
have  liberty,  and  liberty  is  hereby  granted  to  the  memorialist, 
to  sell  land  or  real  estate  of  the  deceased  to  the  value  of  £7 
3s.  4d.  lawful  money,  for  the  payment  of  the  debts  and 
charge  due  from  said  estate  with  incident  charges  of  sale  ; 
taking  the  advice  of  the  court  of  probate  for  the  district  of 
Hartford  therein. 

Upon  the  memorial  of  Charles  King  and  others,  inhabitants 
of  the  north  part  of  Bolton  and  the  east  part  of  the  second  so- 
ciety of  Windsor,  representing  to  this  Assembly  the  great  in- 
conveniencies  they  are  under  in  attending  the  public  worship  of 
God  in  the  respective  societies  to  which  they  now  belong; 
praying  to  be  made  a  distinct  ecclesiastical  society,  that  they 
may  support  the  gospel  among  themselves  &c.,  as  per  memori- 
al on  file  &c.:  Resolved  by  this  Assembly,  that  Messrs.  Zebu- 
Ion  West,  Silas  Long  and  Jonathan  Porter  be  and  they  are 
hereby  appointed  a  committee,  to  repair  to  said  new  })roposed 
society  and  view  the  situation  and  circumstances  thereof  and 
all  matters  relative  thereto,  and  consider  of  the  matters  and 
things  in  said  memorial  alledged,  and  report  what  they  shall 
find  in  the  premises,  with  their  opinion  thereon,  to  the  As- 
sembly at  their  sessions  at  New  Haven  in  October  next. 

Upon  the  memorial  of  Lemuel  Buck  of  New  Milford,  ad- 
ministrator of  the  estate  of  Abel  Buck  late  of  said  New  Mil- 
ford,  deceased,  shewing  that  the  debts  due  from  said  estate 
surmount  the  moveable  estate  the  sum  of  <£28  3s.  5d.  lawful 


422  PUBLIC   RECORDS  [May, 

money  ;  praying  this  Assembly  to  impower  the  memorialist 
to  sell  so  mucli  of  the  real  estate  of  the  said  deceased  as  shall 
be  suflficient  to  pay  said  sum  :  Resolved  by  tliis  Assembly,  that 
the  memorialist  have  liberty  and  he  is  hereby  impowered,  to 
sell  so  much  of  the  real  estate  of  the  said  Abel  Buck,  deceased, 
as  shall  lie  sufficient  to  pay  said  sum  of  £28  >^s.  hd.  together 
with  the  incident  charges  of  such  sale  ;  taking  direction  of  the 
court  of  probate  for  the  district  of  Woodbury  therein. 

Upon  the  memorial  of  Martha  Owen,  of  Farmington  in  the 
county  of  Hartford,  executrix  to  the  last  will  and  testament 
of  Daniel  Owen  late  of  said  Farmington,  deceased,  shewing 
[301]  to  this  Assembly  that  the  ||  debts  and  charges  due  from 
the  estate  of  said  deceased  surmounts  the  moveable  part  of 
said  estate  the  sum  of  forty  pounds  nine  shillings  and  four 
pence  lawful  money,  and  |)raying  for  liberty  to  sell  so  much 
of  the  real  estate  of  said  deceased  as  to  pay  said  sum  with  the 
incident  charges  arising  on  said  sale  :  Resolved  by  this  As- 
sembly, that  the  memorialist  with  Samuel  Hart  of  said  Far- 
mington have  liberty,  and  liberty  is  hereby  granted  to  them, 
to  sell  so  much  of  the  real  estate  of  the  said  Daniel  Owen,  de- 
ceased, as  to  I'aise  said  sum  of  X40  9s.  4d.  lawful  money,  for 
paying  said  debts  &g.  with  the  incident  charges  arising  there- 
on ;  taking  the  direction' of  the  court  of  probate  for  the  dis- 
trict of  Hartford  therein. 

Upon  the  memorial  of  Isaac  Slason  of  Stanford,  administra- 
tor on  the  estate  of  James  Slason  late  of  said  Stanford,  de- 
ceased, shewing  to  this  Assembly  that  the  debts  due  from  the 
estate  of  said  deceased  James  Slason  surmount  the  personal 
estate  the  sum  of  X261  14s.  S^c?.,  and  praying  for  liberty  to 
sell  so  much  of  said  deceased's  real  estate  as  will  be  sufficient 
to  pay  the  same :  Resolved  by  this  Assembly,  that  the  said 
Isaac  Slason  have  liberty  and  he  is  hereby  im])Owered,  to  sell 
so  much  of  the  said  deceased  James  Slason's  real  estate  as 
Avill  pay  the  sum  abovesaid  with  the  incident  charges  arising 
on  such  sale  ;  taking  directions  of  the  court  of  probate  in 
Stanford  district  therein. 

Upon  the  memorial  of  Daniel  Judson  and  Dorcas  Hurd,  ad- 
ministrators on  the  estate  of  Amos  Hurd  late  of  Woodbury, 
deceased,  shewing  to  this  Assembly  that  the  debts  and 
charges  due  from  said  estate  surmount  the  moveable  jmrt  of 
said  estate  the  smn  of  <£31  5s.  6d.  lawful  money,  and  praying 
for  liberty  for  them,  the  said  memorialists,  or  some  other 
meet  person,  to  make  sale  of  so  much  of  the  real  estate  as  to 
make  said  sum  :  Resolved  by  this  Assembly,  that  Mr.  Tilly 
Blacksley,  of  said  Woodbury,  have  liberty  and  he  is  hereby 


1760.]  OP    CONNECTICUT.  423 

impowered,  to  make  sale  of  so  much  of  the  real  estate  of  tlie 
said  Amos  Hm*d,  deceased,  as  to  make  said  sum  of  £31  Ss. 
Qd.  lawful  money  with  the  incident  charges  arising  thereon ; 
taking  the  direction  of  the  court  of  probate  for  the  district  of 
Woodbury  therein. 

Upon  the  memorial  of  Hannah  Jacobs,  of  New  Haven  in 
the  county  of  New  Haven,  administratrix  of  the  estate  of  Ste- 
phen Jacobs  late  of  said  New  Haven,  deceased,  shewing  tliat 
the  debts  due  from  said  estate  surmount  the  moveable  estate 
the  sum  of  X84  8s.  Id.  lawful  money  ;  praying  this  Assembly 
to  impower  some  suitalile  person  to  sell  so  much  of  the  real 
estate  of  said  deceased  as  shall  be  sufficient  to  pay  said  sum: 
Resolved  by  this  Assembly,  That  Thomas  Cooper  of  said  New 
Haven  be  impowered,  and  he  is  hereby  impowered,  to  sell  so 
much  of  the  real  estate  of  said  deceased  as  shall  be  sufficient 
to  pay  said  sum  of  £34  8s.  Id.  together  with  the  incident 
charges  of  such  sale  ;  taking  the  direction  of  the  court  of  pro- 
bate for  the  district  of  New  Haven  therein. 

Upon  the  memorial  of  Ebenezer  Keny,  Joseph  Hull  jun'' 
and  John  Wooster,  all  of  Derby  in  the  county  of  New  Haven, 
and  Thomas  Perkins  of  Enfield,  praying  this  Assembly  for 
liberty  to  purchase  of  the  Indians  of  Derby  about  an  acre  and 
half  of  land  at  the  falls  of  Naugatuck  River  in  said  Derby  and 
a  highway  from  the  south  side  of  said  Indian  land  up  to  said 
falls,  for  the  purpose  of  setting  up  and  using  and  improving 
[302]  a  set  of  iron  works  on  the  said  river  and  land  adjoining, 
as  by  their  memorial  on  file  appears :  Resolved  by  this  As- 
seml3ly,  that  the  memorialists  have  liberty,  and  liberty  and  al- 
lowance is  hereby  given  to  the  said  Ebenezer  Keny,  Joseph 
Hull  jun'",  John  Wooster  and  Thomas  Perkins,  to  purchase  of 
said  Indians  an  acre  and  half  of  land  on  and  near  said  falls 
and  a  highway  from  the  south  side  of  said  Indian  land  up  to 
the  said  acre  and  half  proper  for  setting  up  and  using  iron- 
works for  making  and  refining  iron  ;  taking  the  direction  of 
Samuel  Bassett  Esty,  of  said  Derby,  in  behalf  of  said  Indians. 

Upon  the  memorial  of  Sarah  Palmes,  administratrix  on  the 
estate  of  Briant  Palmes  late  of  New  London,  deceased,  shew- 
ing to  this  Assembly  that  the  debts  paid  by  said  memorialist 
and  that  are  still  due  from  the  estate  of  said  deceased  sur- 
mount the  personal  estate  of  said  deceased  the  sum  of  eighty- 
nine  pounds  three  shillings  and  one  penny  lawful  money,  that 
the  whole  of  the  real  estate  of  said  deceased  consists  only  of  a 
third  part  of  a  house  and  a  small  barn,  which  cannot  he  sold 
in  part  without  loss  &c. ;  praying  for  liberty  to  sell  said  real 
estate  &c.  as  per  memorial  on  file  &c.:  Resolved  by  this  As- 


424  PUBLIC  RECORDS  [May, 

semblj,  that  said  memorialist  be  and  she  is  hereby  impowered 
to  make  sale  of  the  aforesaid  real  estate  of  said  deceased,  and 
that  she  apply  so  much  of  the  avails  of  the  same  as  shall  be 
necessary  to  pay  said  debts  and  the  charges  arising  on  such 
sale,  and  that  said  memorialist  apply  the  residue  of  the  avails 
of  said  real  estate  for  the  benefit  of  the  heirs  of  said  deceased, 
taking  the  direction  of  the  court  of  probates  for  the  district  of 
New  London  therein. 

Upon  the  memorial  of  David  Griswold  of  Windsor  and  Han- 
nah Moore,  administratrix  on  the  estate  of  Thomas  Moor 
late  of  said  Windsor,  deceased,  representing  that  on  the  11th 
day  of  December  1745,  the  said  David  borrowed  and  received 
of  the  said  Thomas,  then  in  full  life,  the  sum  of  one  hundred 
and  twenty  pounds  in  old  tenor  bills,  and  as  a  security  for  re- 
paying the  aforesaid  sum  and  interest  the  said  David  executed 
to  the  said  Thomas  Moore  an  absolute  deed  of  about  nine 
acres  of  his  valuable  land  in  said  Windsor  and  worth  more 
than  one  hundred  pounds  lawful  money,  that  at  the  same  time 
the  said  Thomas  Moore  executed  a  note  of  two  hundred 
pounds  old  tenor  as  a  security  to  reconvey  said  land  to 
said  Griswold  on  his  paying  him,  said  Moor,  the  said  sum 
borrowed  &c. ;  that  the  said  Griswold  in  the  life-time  of  said 
Thomas  paid  some  part  of  said  borrowed  money  and  since  his 
death  has  made  full  payment  and  the  interest,  and  the  said 
Hannah  as  administratrix  on  said  estate  hath  received  the 
same  as  a  debt  due  to  said  estate  <fec.,  and  that  said  deed  was 
only  in  nature  of  a  mortgage  deed  &c.  and  the  same  ought 
equitably  to  be  defeated  &c.;  praying  that  the  said  Hannah, 
administratrix  as  aforesaid,  may  be  authorized  and  impowered 
to  reconvey  and  transfer  the  title  of  said  land  unto  the  said 
David  Griswold  &c.:  It  is  thereupon  resolved  by  this  Assem- 
bly, that  the  said  Hannah,  administratrix  as  aforesaid,  be 
fully  authorized  and  impowered  by  her  deed  in  due  form  of 
law  executed  and  compleated,  to  reconvey  and  transfer  the 
title  of  the  said  land  unto  the  said  David  Griswold,  his  heirs 
&c.,  and  that  the  same  shall  be  effectual  to  all  intents  and 
purposes  in  law  for  his,  the  said  Griswold,  and  his  heirs  &c. 
holding  the  same  against  the  heirs  of  the  said  Thomas  Moor, 
deceased. 

[303]  On  the  memorial  of  Samuel  D wight  and  Mary  Hall, 
administrators  on  the  estate  of  Daniel  Hall,  late  of  Middle- 
ton  in  Hartford  county,  shewing  to  this  Assembly  that  the 
debts  due  from  the  estate  of  the  said  deceased  surmount  the 
personal  estate  the  sum  of  ^122  5s.  l^d.;  praying  that 
said  Dwight  may  be  impowered  to  sell  so  much  of  the  real 


1760.]  OP    CONNECTICUT.  425 

estate  of  said  deceased  as  to  make  said  sum  with  the  incident 
charges  thereon  &c.:  Resolved  by  this  Assembly,  that  said 
Samuel  Dwight  be  and  he  is  hereby  impowered  to  sell  so 
much  of  the  real  estate  of  said  deceased  as  to  make  said  sum 
of  £122  5s.  If  c?.  and  the  incident  charges  thereon  arising ; 
taking  the  advice  of  the  court  of  probate  for  the  district  of 
Middleton  therein. 

Whereas  on  the  memorial  of  the  first  society  in  New  Haven 
to  the  General  Assembly  in  October  last  said  society  was 
divided  and  made  two  ecclesiastical  societies,  viz:  the  first 
society  and  the  society  of  White  Haven,  provided  the  public 
interest  should  not  be  affected  or  govern' d  by  such  division, 
but  Messrs.  Hezekiah  Huntington,  Jabez  Hamlin  and  Eli- 
phalet  Dyar,  Esqi's,  were  appointed  a  committee  to  hear  all 
parties  concerned  and  to  order  and  determine  of  a  just  and 
equitable  division  of  the  public  interest  belonging  to  said  first 
society,  which  committee  having  heard  and  examined  and 
thereon  reported  to  this  Assembly  their  judgment  and 
determination  in  the  premises,  which  being  agreed  to  by  the 
parties  hath  been  read  and  accepted  by  this  Assembly;  as  per 
said  memorial,  act  of  Assemljly  and  report  more  fully  and  at 
large  appears :  It  is  therefore  resolved  by  this  Assembly, 
that  the  public  interest  belonging  to  said  first  society  shall  be 
divided  according  to  the  report  and  determination  of  said 
committee,  viz:  that  the  school  and  society  monies,  so  called, 
amounting  in  the  whole  to  ,£578  6s.  lOd.  lawful  money,  and 
sixteen  acres  of  land  lying  at  Plainfield,  and  sixteen  acres  of 
land  lying  near  Joseph  Dickerman's,  the  new  brick  school- 
house,  and  the  bell  lately  belonging  to  the  old  meeting-house, 
be  and  belong  to  said  first  society  and  said  White  Haven  so- 
ciety in  equal  proportion,  in  manner  following,  viz :  that  said 
monies  or  the  securities  therefor  be  equally  divided  and  so 
taken  or  disposed  as  that  each  society  have  the  command  and 
entire  ordering  and  property  of  one  moiety  or  half  part  there- 
of in  severalty ;  that  said  school-house  be  used  for  schooling 
by  turns  by  each  society  quarterly  each  year,  unless  said  so- 
cieties can  and  do  agree  otherways  to  use  and  improve  the 
same;  and  that  said  bell  be  used  where  it  now  is  in  the 
steeple  of  the  new  brick  meeting-house  by  each  society  as  they 
have  occasion,  not  interrupting  each  the  other,  until  they  shall 
agree  otherwise  to  dispose  thereof ;  that  said  two  pieces  of 
land  of  sixteen  acres  each  be  held  and  improved  by  the  ReV^ 
Mr.  Joseph  Noyes,  the  present  minister  of  said  first  society, 
for  and  during  his  labour  with  said  first  society  in  the  work 
of  the  ministry,  and  at  the  expiration  thereof  the  same  be 

54 


426  PUBLIC   RECORDS  {May, 

equally  divided  between  said  two  societies  in  equal  proportion 
to  be  by  them  held  in  severalty ;  and  that  the  several  persons 
named  and  determined  in  said  report  to  belong  to  said  socie- 
ties respectively  shall  so  belong  and  appertain  to  said  several 
societies  respectively,  and  the  clerks  of  said  societies  are 
hereby  directed  to  inroll  and  enter  their  respective  names  ac- 
cordingly. 

Upon  the  memorial  of  Nehemiah  Andrus  and  Samuel  Ful- 
ler, administrators  on  the  estate  of  Samuel  Andrus  jun'",  late 
of  East  Haddam,  deceased,  shewing  to  this  Assembly  that  the 
debts  and  charges  due  from  the  estate  of  said  deceased  sur- 
mount the  personal  estate  of  said  deceased  the  sum  of  £386 
[304]  7s.  4i^d.  lawful  ||  money;  praying  for  liberty  to  sell  so 
much  of  the  real  estate  of  said  deceased  as  shall  be  sufficient 
to  raise  said  sum  with  the  incident  charges  thereon  arising : 
Resolved  by  this  Assembly,  that  said  administrators  have 
liberty,  and  liberty  is  hereby  granted  to  them,  to  sell  so  much 
of  the  real  estate  of  said  deceased  as  shall  be  sufficient  to 
raise  said  sum  with  the  incident  charges  arising  thereon ; 
taking  the  direction  of  the  court  of  probate  in  the  district  of 
East  Haddam  therein. 

Upon  the  memorial  of  Daniel  Page  jun"",  administrator  on 
the  estate  of  Jairus  Bunnel  late  of  Branford,  deceased,  shew- 
ing that  the  debts  due  from  said  estate  surmount  the  move- 
able estate  the  sum  of  four  pounds  five  shillings,  and  praying 
this  Assembly  to  impower  him  to  sell  so  much  of  the  real  es- 
tate of  the  said  deceased  as  will  make  the  sum  of  four  pounds 
five  shillings  &c.:  Resolved  by  this  Assembly,  tliat  the  me- 
morialist have  liberty,  and  liberty  is  hereby  granted  unto  him, 
to  sell  so  much  of  the  real  estate  of  said  deceased  as  will 
make  the  sum  of  four  pounds  five  shillings;  taking  the 
advice  of  the  court  of  probate  for  the  district  of  Guilford 
therein. 

Upon  the  memorial  of  Rebecca  Buel,  of  Kent  in  the  dis- 
trict of  Litchfield,  administratrix  of  the  estate  of  Samuel  Buel 
late  of  said  Kent,  deceased,  shewing  that  the  debts  due  from 
the  estate  of  the  said  deceased  surmount  his  moveable  estate 
the  sum  of  fifty- three  pounds  nineteen  shillings  ;  praying  this 
Assembly  to  grant  liberty  to  the  memorialist  with  the  assist- 
ance of  some  other  meet  person,  to  sell  so  much  of  the  real 
estate  of  the  said  deceased  as  shall  be  sufficient  to  pay  said 
sum :  Resolved  by  this  Assembly,  that  the  memorialist  and 
Mr.  Daniel  Lee  of  said  Kent  be  and  they  are  hereby  impower- 
ed  to  sell  so  much  of  the  real  estate  of  the  said  Samuel  Buel, 
deceased,  as  shall  be  sufficient  to  procure  said  sum  of  <£53 


1760.]  OP    CONNECTICUT.  427 

19s.  Od.  lawful  money  together  with  the  incident  charges  of 
such  sale ;  taking  direction  of  the  court  of  probate  for  the 
district  of  Litchfield  therein. 

Upon  tlie  memorial  of  Mary  Wickwier,  administratrix  on 
the  estate  of  Alpheus  Wickwier,  deceased,  shewing  that 
Daniel  Kingsbury,  who  at  the  sessions  of  this  Assembly  in 
October  last  was  appointed  and  impowered  to  sell  so  much  of 
the  real  estate  of  the  said  deceased  to  enable  the  memorialist 
to  pay  the  sum  of  .£54  7s.  OfcZ.  the  debts  due  from  the  estate 
of  the  said  deceased,  hath  since  languished  under  consuming 
sickness  and  hath  not  nor  is  likely  ever  to  be  able  to  do  said 
service,  and  praying  this  Assembly  to  api)oint  some  other 
person  to  do  said  service :  Resolved  by  this  Assembly,  that 
the  memorialist,  the  said  Mary  Wickwier,  be  and  she  is 
hereby  authorized  and  impowered  to  sell  so  much  of  the  real 
estate  of  the  said  deceased  as  to  enable  her  to  pay  the  said 
sum  of  .£54  7s.  Ofc?.  and  the  incident  charges;  taking  the 
direction  of  the  court  of  probate  in  the  district  of  Norwich 
therein. 

On  the  memorial  of  Col.  John  Dyar,  administrator  on  the 
estate  of  Ebenezer  Dyar  late  deceased,  shewing  to  this  As- 
sembly that  the  said  Ebenezer  in  his  return  from  Fort  Ed- 
ward, some  time  in  the  month  of  April  A.D.  1756,  then  hav- 
ing in  his  possession  ,£21  Os.  Od.  of  the  then  bills  of  this 
Colony,  was  taken  and  ca])tivatcd,  and  said  bills  wholly  de- 
[305]  stroyed  by  the  Indians;  ||  praying  this  Assembly  to 
order  tlie  Treasurer  of  this  Colony  to  pay  to  him  in  bills  of 
this  Colony  said  sum  and  interest  thereon  arisen :  Resolved 
by  this  Assembly,  that  the  Treasurer  of  this  Colony  pay  to 
the  memorialist  the  sum  of  X25  5s.  9d.  in  bills  of  this  Colony, 
being  the  said  sum  of  X21  Os.  Od.  and  interest  thereon  ;  and 
the  said  Treasurer  is  hereby  ordered  to  pay  the  same  accord- 
ingly. 

Upon  the  memorial  of  Jedidiah  Hubbel  and  Mary  Bently, 
administrators  upon  the  estate  of  John  Bently,  late  of  Kent  in 
the  county  of  Litchfield,  deceased,  shewing  that  the  debts  due 
from  said  estate  with  a  small  allowance  made  to  the  widow 
surmounts  the  personal  estate  £28  9s.  8|c?.  lawful  money, 
and  praying  for  liberty  to  sell  of  the  lands  of  said  deceased  <fec. 
as  per  memorial  on  file  &c.:  Resolved  by  this  Assembly,  that 
the  memorialists  have  liberty  and  they  are  hereby  impowered, 
to  sell  so  much  of  the  lands  of  the  said  John  Bently,  deceased, 
'as  to  procure  said  sum  of  £28  9s.  S^d.  lawful  money  with  in- 
cident charges ;  taking  the  direction  of  the  court  of  probate 
for  the  district  of  Sharon  therein. 


428  PUBLIC  RECOEDS  [May, 

On  the  memorial  of  Simeon  Judd  and  Ruth  Norton,  admin- 
istrators on  the  estate  of  John  Norton  late  of  Farmington, 
deceased,  shewing  to  this  Assembly  that  the  debts  and  charges 
due  from  said  estate  surmount  the  moveable  estate  of  the  said 
deceased  the  sum  of  thirty-five  pounds  three  shillings  and 
seven  pence  lawful  money,  for  the  payment  of  which  the 
memorialists  have  no  moveables  to  pay  the  same;  praying 
liberty  to  sell  so  much  of  the  real  estate  of  the  said  deceased 
as  will  raise  said  sum  with  necessary  charges  of  sale:  This 
Assembly  a|>points  Simeon  Judd,  and  he  is  hereby  appointed 
and  impowered,  to  sell  so  much  of  the  real  estate  of  the  said 
deceased  as  will  raise  said  sum  of  thirty-five  pounds  three 
shillings  and  eleven  pence  lawful  money  with  the  incident 
charges  of  sale ;  taking  the  direction  of  the  court  of  probate 
in  the  district  of  Hartford  thereiu. 

Upon  the  memorial  of  Sarah  Johnson,  administratrix  on 
the  estate  of  Elijah  Johnson  late  of  Colchester,  deceased, 
shewing  to  this  Assembly  that  the  debts  and  charges  due  from 
the  estate  of  said  deceased  (over  and  above  such  sums  as 
have  been  heretofore  order'd  by  this  Assembly  to  be  raised 
out  of  the  real  estate  of  said  deceased)  surmount  the  personal 
estate  of  said  deceased  the  sum  of  X13  9s.  IfcZ.  lawful  money, 
and  praying  for  liberty  to  sell  so  much  of  the  real  estate  of 
said  deceased  as  shall  be  sufficient  to  raise  said  sum  with  the 
incident  charges  arising  on  said  sale :  Resolved  by  this  As- 
sembly, that  she  have  liberty,  and  liberty  is  hereby  granted  to 
the  said  administratrix,  to  sell  so  much  of  the  real  estate  of 
said  deceased  as  shall  be  sufficient  to  raise  said  sum  with  the 
incident  charges  arising  thereon  ;  taking  the  direction  of  the 
court  of  probate  in  the  district  of  East  Haddam  tlierein. 

Upon  the  memorial  of  Roger  Hooker,  of  Farmington  in 
Hartford  county,  representing  and  shewing  to  this  Assembly 
that  he  is  now  owner  of  the  ancient  and  principal  grist-mill  in 
said  Farmington  on  Farmington  River,  nigli  the  meeting- 
house in  the  first  society  in  said  Farmington,  and  that  he  hav- 
ing at  a  great  expense  repaired  said  dam,  one  Abraham  Finny 
of  Symsbury  had  exhibited  a  complaint  against  iiim  therefor 
to  John  Owen,  Esq"",  justice  of  peace  for  Hartford  county,  al- 
ledging  that  said  Hooker  was  therein  guilty  of  erecting  a  com- 
mon nuisance,  and  that  said  justice  having  given  judgment 
[306]  that  said  Hooker  was  guilty  in  the  |j  premises  and  that 
said  dam  should  be  demolished,  and  that  said  cause  was  now 
depending  in  Hartford  county  court  by  appeal  from  said  jus- . 
tice's  judgment  and  a  plea  of  abatement  to  the  lying  of  said 
appeal  to  be  determined  by  said  county  court  in  November 


ITfiO.]  OF    CONNECTICUT,  429 

next :  yet  nevertheless,  altho'  said  canse  was  depending  in 
the  law,  several  Indians  had  lately,  to  the  great  distnr])ance 
of  the  peace,  attempted  to  cut  down  and  demolish  said  dam, 
to  the  great  prejudice  of  the  public ;  and  the  memorialist 
fearing-  said  Indians  or  some  person  of  no  estate  may  presume 
to  destroy  his  said  mill-dam  of  their  own  heads,  in  which  case 
he  would  l)e  greatly  injured  together  with  the  public  without 
a  meet  remedy,  and  thereupon  praying  for  an  injunction,  ef- 
fectually to  prevent  the  destruction  of  said  grist-mill  dam  &c. 
before  his  right  to  keep  up  the  same  can  be  fairly  tried  out 
and  determined  at  common  law  &c.,  as  per  memorial  on  tile 
&G.:  Resolved  by  this  Assembly,  that  whatever  person  or  per- 
sons shall  presume  of  their  own  heads  to  cut  down  and  de- 
stroy said  null-dam  (without  due  process  of  law)  shall  incur 
and  forfeit  the  sum  of  300  pounds  lawful  money  as  a  penalty 
therefor,  to  be  recovered  by  said  Hooker,  his  heirs  or  assigns, 
being  the  true  owners  of  said  dam.  And  if  any  Indian,  ne- 
gro, molatto,  or  other  person  or  persons  unable  to  pay  said 
penalty,  shall  presume  to  cut  down  or  destroy  said  mill-dam 
without  due  process  of  law  they  shall  incur  and  sutfer  one 
year's  imprisonment  without  bail  or  mainprize,  besides  re- 
s])onding  such  damages  as  may  be  recovered  of  them  at  com- 
mon law  therefor.  And  if  it  shall  so  hapjien  that  said  Hart- 
ford county  court  shall  judge  that  no  appeal  lies  from  said 
justice's  judgment  given  for  demolishing  said  mill-dam  as 
aforesaid,  yet  nevertheless  execution  of  said  justice's  judg- 
ment shall  be  respited  and  stayed  and  no  execution  thereon 
given  out  for  the  term  of  one  year  from  the  rising  of  the  coun- 
ty court  to  be  holdcn  at  Hartford  in  and  for  Hartford  county 
in  November  next,  that  said  Hooker  may  have  opportunity  to 
try  and  have  his  right  of  keeping  up  said  mill-dam  determined 
at  common  law. 

Whereas  the  committee  appointed  by  the  General  Assem- 
bly in  March  last  (to  view  the  road  from  Hartford  to  New 
,  Haven  as  it  is  now  used  thro'  the  towns  of  Weathersfield, 
Middleton,  Farmington  and  Wallingford,  and  note  the  various 
crooks  and  turns  in  said  road,  and  with  the  utmost  care  oli- 
scrve  and  find  out  how  and  where  it  may  be  shortened  and 
made  better,  and  a  full  description  thereof  with  their  doings 
thereon  to  make  and  report  to  this  Assembly,)  have  now  re- 
ported that  they  have  carefully  viewed  said  road,  and  that 
from  Hartford  to  Weathersfield  and  throuo-h  Weathersfield 
town-plat  to  the  Mill-Brook  the  same  is  good  and  well  chosen 
and  cannot  be  shortened  except  by  running  across  homelots 
where  the  land  is  springy  and  where  it  would  be  very  prejudi- 


430  PUBLIC   EECORDS  [May, 

cial  to  the  owners,  tliat  a  straight  course  from  said  brook  to 
Becklej's  farm  rmis  thro'  miry  land  and  not  fit  for  a  high- 
way, that  they  had  viewed  the  way  thro'  Weathersfield  com- 
mons, so  called,  which  was  laid  out  by  the  proprietors  when 
said  commons  were  divided,  and  the  old  road  as  it  was  used 
before  said  division,  and  judged  it  might  be  altered  for  the 
better  in  divers  turns  and  crooks  in  said  road  and  thro'  Beck- 
[307]  ley's  farm,  and  by  a  plan  laid  before  this  Assembly  || 
descrilied  the  road  as  it  now  is  and  the  various  turns  and 
crooks  therein  by  them  proposed  to  be  altered,  and  also  the 
several  places  where  they  judge  the  road  should  be  laid  for 
future  use,  and  noted  on  said  plan  how  much  said  road  may 
be  made  shorter  in  each  of  said  crooks  and  turns;  and  said 
committee  having  further  reported  that  the  road  from  said 
Beckley's  farm  as  far  as  Jonathan  Edwards's  in  said  Middle- 
ton  is  well  chosen,  and  that  they  cannot  see  reason  to  alter 
the  same  except  in  one  place  in  said  Weathersfield  near  Han- 
cox's  corner,  and  also  tliat  said  road  may  be  made  better  and 
shorter  by  running  a  course  south  50''  west  thro'  said  Ed- 
wards's land,  beginning  eastward  of  his  dwelling-house  and 
ending  a  little  north  of  Ephraim  Hollister's  ;  which  report  be- 
ing accepted  and  approved: 

It  is  thereupon  resolved  hy  this  Assembli/,  That  Seth  Wet- 
more,  Esq'',  and  Mr.  William  Wells,  the  committee  reporting 
as  aforesaid,  do  repair  to  said  Weathersfield,  Farmington  and 
Middleton,  and  having  first  given  notice  thereof  to  the  select- 
men of  said  towns,  or  some  one  of  the  selectmen  of  each  of 
said  towns,  do  proceed  to  lay  out  said  highways  in  the  several 
places  where  by  said  report  and  plan  it  is  said  and  appears  to 
be  shorter  and  better,  and  the  same  sufficiently  ascertain  and 
make  evident  by  plain  and  durable  monuments  by  them  fixed. 
Said  way  thro'  Beckley's  farm  to  be  at  least  two  rods  wide, 
through  Weathersfield  commons  five  rods,  and  in  other  places 
at  least  four  rods  wide.  And  the  said  ways  being  laid  out  and 
ascertained  as  aforesaid,  the  said  towns  of  Weathersfield, 
Farmington  and  Middleton  are  hereby  ordered  as  soon  as  may 
be  in  their  respective  townships  to  lay  open,  amend,  repair, 
and  make  them  fit  for  travelling  and  other  uses.  And  in  case 
said  towns,  or  cither  of  them,  shall  refuse  or  neglect  to  open 
said  highways  before  the  sitting  of  the  county  court  in  the 
county  of  Hartford  in  April  next,  said  court  is  hereby  direct- 
ed to  cause  the  said  highways  to  be  o[)ened  and  the  damages 
done  thereby  to  any  particular  person  or  persons  apjirized  ac- 
cording to  the  direction  of  the  law  entituled  An  act  for  provid- 
ing, altering,  regulating  and  mending  highways. 

And  whereas  said  committee  further  reported  to  this  As- 


1760.]  OP    CONNECTICUT.  431 

sembly  that  upon  viewing  the  road  thro'  Wallingford  Plain 
they  found  tlic  same  too  narrow,  and  the  passing  of  travellers 
greatly  hindered  and  obstructed  by  gates,  bars  and  fences 
being  made  and  erected  across  said  highway,  and  that  they 
are  of  opinion  that  said  gates,  fences  and  obstructions  should 
be  removed  and  a  highway  of  four  rods  wide  at  least  laid  open 
etc.: 

It  is  thereupon  resolved  hy  this  Assembly^  That  said  gates, 
bars  and  fences  be  removed,  and  the  highway  thro'  Walling- 
ford Plain  be  laid  open  at  least  four  rods  wide,  and  the  town 
of  Wallingford  is  hereby  required  to  remove  said  obstructions 
and  lay  open  said  way  accordingly.  And  in  case  said  town 
shall  refuse  or  neglect  to  conform  to  the  resolve  aforesaid  be- 
fore the  sitting  of  the  county  court  in  the  county  of  New  Ha- 
ven in  April  next,  said  court  is  directed  to  cause  said  obstruc- 
tions to  be  removed  and  said  highway  to  be  laid  open,  and  such 
damages  as  may  be  done  thereby  apprized,  agreeably  to  the 
law  entituled  An  act  for  providing,  altering  &c.  highways. 

Upon  the  memorial  of  Jonathan  Clark  and  Ann  Dewey, 
l)oth  of  Lebanon,  administrator  and  administratrix  on  the  es- 
tate of  Simeon  Dewey  of  Lebanon,  deceased,  and  guardians  to 
all  the  children  and  heirs  of  the  said  Simeon,  and  of  Elijah 
[308]  Dewey  of  said  Lebanon,  ||  administrator  on  the  estate 
of  William  Dewey,  deceased,  shewing  that  the  said  William 
on  the  18th  day  of  August  1746,  made  and  executed  to  John 
Dewey  a  deed  of  sale  of  a  certain  tract  of  land  lying  in  said 
Lebanon  containing  eighteen  acres,  lying  near  the  house  of 
Mr.  Simon  Gross,  the  bounds  wiiereof  a})pears  by  said  deed, 
and  that  the  same  was  made  and  done  to  indemnify  the  said 
John  for  a  certain  debt  due  from  said  William  to  the  Rev^ 
Mr.  Searing  of  Newport ;  that  afterwards  the  said  Jonathan 
Clark  and  Simeon  Dewey  undertook  to  pay  said  debt,  and  at 
the  request  of  said  William  the  said  John  Dewey  executed  a 
deed  of  the  same  land  to  them,  said  Jonathan  and  Simeon, 
dated  8th  July  1749,  which  was  done  only  to  secure  and  in- 
demnify them  on  account  of  said  debt,  and  that  a  part  of  the 
same  land  hath  been  sold  to  raise  money  for  the  payment 
of  said  debt  and  the  same  therewith  fully  paid  and  satis- 
fied ;  further  shewing,  that  the  remainder  of  said  land 
of  right  belonged  to  the  said  William,  as  the  deeds  of 
said  eighteen  acres  of  land  were  made  and  executed 
only  for  the  security  and  indemnification  of  the  said 
persons  from  the  said  debt,  which  is  now  paid;  further 
shewing  that  the  said  William  made  a  deed  of  the  said  re- 
mainder of  said  land  to  the   said  Elijah,  and  that  the  said 


432  PUBLIC   RECORDS  [May, 

Simeon  is  deceased  before  any  release  made  of  said  remain- 
der, and  that  the  children  and  heirs  of  said  ►'^inieon  are 
yonng ;  praying  thereon  that  the  said  Jonathan  Clark  and 
Ann  Dewey  may  be  impowered  to  release  the  right  of  said 
Simeon  in  said  remaining  land  to  him,  said  Elijah,  as  by  said 
memorial  on  file  :  Resolved  by  this  Assembly,  that  the  said 
Jonathan  Clark  and  Ann  Dewey  have  liberty,  and  liberty  is 
hereliy  granted  to  them,  to  make  and  execute  to  the  said 
Elijah  Dewey  a  deed  of  release  of  all  the  right,  title  and  inter- 
est which  belonged  to  the  said  Simeon  Dewey  in  and  unto  the 
residue  and  remainder  of  the  land  aforesaid. 

On  the  petition  of  Jacob  Peck,  of  Harwinton  in  the  county 
of  Litchfield,  vs.  John  Barber,  of  Harwinton  aforesaid,  as  on 
file,  the  question  was  put,  whether  the  pleas  offered  by  the 
respondent  in  abatement  of  said  petition  are  sufficient  to  abate 
the  same:  Resolved  by  this  Assembly  in  the  afifirmative. 
Cost  allowed  respondent  is  £S  10s.  2d.  lawful  money.  Ex. 
(/ranted  June  Gth  17G0. 

On  the  petition  of  Beriah  Tree,  of  Somers  in  the  county  of 
Hartford,  vs.  John  Roberts,  of  Windsor  in  said  county,  as  on 
file,  the  question  was  put,  whether  anything  should  be  granted 
on  said  petition :  Resolved  by  this  Assembly  in  the  negative. 
Cost  allo'wed  resjjondent  is  £1  Is.  lOd.  lawful  money.  Ex. 
granted  July  18th  17G1. 

On  the  petition  of  Thomas  Elmor,  of  Windsor  in  the  county 
of  Hartford,  vs.  Joseph  Rockwell  of  Windsor  aforesaid,  as  on 
file,  the  question  was  put,  whether  the  prayer  of  said  petition 
should  be  granted:  Resolved  by  this  Assembly  in  the  nega- 
tive. Cost  allotved  respondent  is  £2  l^s.  Id.  lawful  money. 
Ex.  granted,  July  10th  17(30. 

On  the  petition  of  Stephen  Cone,  of  East  Haddam  in  the 
county  of  Hartford,  vs.  Eleazer  Rowley  of  East  Haddam 
aforesaid,  executor  of  the  last  will  and  testament  of  Ebenezer 
Rowley  late  of  said  East  Haddam,  deceased,  as  on  file,  the 
question  was  put,  whether  anything  should  be  granted  on 
said  petition :  Resolved  by  this  Assembly  in  the  negative. 
Cost  allowed  respondent  is  £2  17s.  8(^.  lawful  money.  Ex. 
granted  July  Slst  1760. 

[309]  On  the  petition  of  Thomas  Skerret  jun"",  of  New 
London  in  the  county  of  New  London,  y'.s.  Elizabeth  Chapman 
of  said  New  London,  (widow,)  administratrix  on  tlie  estate  of 
Ej)hraim  Chapman  late  of  said  New  London,  deceased,  and 
guardian  to  Thomas  Chapman  jun"",  Ephraim  Chapman, 
Grace  Chapman,  Deborah  Chapman,  Elizabeth  Chapman  and 
Hannah  Chapman,  who  are  all  minors,  and  Sarah  Chapman, 


1760.]  OP    CONNECTICUT.  433 

all  ?of  New  London  aforesaid,  the  children  and  heirs  of  the 
said  Ephraim,  deceased,  as  on  file,  the  question  was  put, 
whether  the  prayer  of  said  petition  should  be  granted :  Re- 
solved by  this  Assembly  in  the  negative. 

On  the  petition  of  Gershom  Nott,  of  Weathersfield  in  the 
county  of  Hartford,  vs.  William  Howard,  late  of  Farmington 
in  the  county  aforesaid,  (sometime  called  William  Howard 
a  transient  person,)  now  of  the  Oblong  in  the  Province  of 
New  York,  as  on  file,  the  question  was  put,  whether  the 
prayer  of  said  petition  should  be  granted:  Resolved  by  this 
Assembly  in  the  negative.  Cost  allowed  respondent  is  X2 
12s.  0(^.  lawful  money.     Ex.  granted  June  ?jQth  1760. 

This  Assembly  grants  to  his  Honour  the  Governor  the  sum 
of  sixty-six  pounds,  for  the  first  half  of  his  salary  the  current 
year,  and  the  Treasurer  of  this  Colony  is  ordered  to  pay  the 
same  accordingly. 

This  Assembly  grants  to  his  Honour  the  Governor  the  sum 
of  seventy-five  pounds,  for  his  extraordinary  services  the  last 
half  year,  and  the  Treasurer  of  this  Colony  is  ordered  to  pay 
the  same  accordingly. 

This  Assembly  grants  to  his  Honour  the  Deputy  Governor 
the  sum  of  thirty-three  pounds,  for  the  first  half  of  his  salary 
the  current  year,  and  the  Treasurer  of  this  Colony  is  ordered 
to  pay  tlie  same  accordingly. 

This  Assembly  grants  to  his  Honour  the  Deputy  Governor 
the  sum  of  ten  pounds,  for  his  extraordinary  services  the  year 
past,  and  the  Treasurer  of  this  Colony  is  ordered  to  pay  the 
same  accordingly. 

This  Assemldy  grants  unto  George  Wyllys,  Esq'',  Secre- 
tary, the  sum  of  twenty  pounds,  for  his  salary  the  last  year, 
and  the  Treasurer  of  this  Colony  is  ordered  to  pay  the  same 
accordingly. 

This  Assembly  grants  to  Joseph  Talcott,  Esq"",  Treasurer 
of  this  Colony,  the  sum  of  one  hundred  pounds,  for  his  ser- 
vice as  Treasurer  the  year  past,  and  the  Treasurer  is  ordered 
to  pay  the  same  accordingly. 

This  Assembly  grants  to  Joseph  Talcott,  Esq!",  the  sum  of 
sixty  pounds,  for  his  extraordinary  services  as  Treasurer  of 
this  Colony  the  year  past,  and  the  Treasurer  is  ordered  to  [lay 
the  same  accordingly. 

Whereas  Joseph  Spencer,  Esq"",  is  appointed  by  this  As- 
sembly to  be  judge  of  probate  for  the  district  of  East  Haddam 
for  the  year  ensuing,  and  considering  that  he  is  now  gone 
lieutenant-colonel  in  one  of  the  regiments  raised  in  this 
Colony  for  the  service  of  the  present  campaign,  and  that  it  is 
65 


434  PUBLIC  RECORDS  [May, 

not  convenient  that  said  district  remain  destitute  of  a  judge 
of  probate  during  liis  absence  in  said  service :  Therefore  this 
Assembly  do  appoint  Alexander  Phelps,  Esq"",  to  be  Judge  of 
Probate  for  the  district  of  East  Haddam  until  the  first  day  of 
December  next,  in  the  room  of  said  Joseph  Spencer,  Esq"". 

[310]  On  the  petition  of  Reuben  Cone,  of  East  Haddam  in 
the  county  of  Hartford,  vs.  Stephen  Cone  of  East  Haddam 
aforesaid,  as  on  file,  the  question  was  put,  whether  the  prayer 
of  said  petition  should  be  granted:  Resolved  by  this  Assembly 
in  the  negative.  Cost  allowed  respondent  is  <£3  5s.  i\d.  lawful 
money.     Ex.  granted  Nov.  Wth  1760. 

The'Sum  Total  of  the  Additions  to  the  Lists  of  Estate  of  several  To^wns  in 
this  Colony  sent  in  to  this  Assembly  are  as  follow^,  viz : 


Single  Additions. 

Fourfold  Additions. 

Ashford, 

£  451 

18 

0 

X202     0 

0 

Preston, 

537 

9 

0 

64     0 

0 

East  Haddam, 

201 

1 

0 

42     0 

0 

Derby, 
Killingsly, 
Woodbury, 
Hebron, 

364 
541 

830 
25 

8 
0 
1 

8 

0 
0 
9 
0 

58    4 

245  13 

140     0 

0 

0 
0 

Glassenbury, 
Woodstock, 

372 

623 

2 
0 

6 
0 

175     4 

0 

Canaan, 

269 

-J 

0 

Stratford, 

3927 

19 

8 

Groton, 

320 

12 

6 

967  16 

0 

Coventry, 
Middletown, 

148 
1588 

4 
10 

6 

2 

149     8 

0 

Stoningtown, 

619 

8 

0 

5147     8 

0 

Bolton, 

83 

16 

0 

144     0 

0 

Weathersfield, 

822 

13 

0 

Voluntown, 

Ridgfield, 
Lebanon, 

195 
945 

5 
10 

9        . 
0 

106  16 

0 

Cornwall, 

59 

16 

6 

.    *         100  16 

0 

New  Fairfield, 

97 

0 

0 

50     0 

0 

Cost  allowed  to  Seth  Dean,  of  Plainfield  in  the  county  of 
Windham,  vs.  Samuel  Dorrance,  of  Situate,  in  the  county  of 
Providence  and  Colony  of  Rhode  Island,  for  attendance  &c. 
to  answer  the  petition  of  the  said  Dorrance  preferred  to  this 
Assembly  and  by  the  petitioner  withdrawn,  is  £2  2s.  7c?.  law- 
ful money. 

This  Assembly  appoints  John  Chester,  Thomas  Wells  and 
Daniel  Edwards,  Esii^s^  Col.  Joseph  Pitkin  and  Mr.  John 
Ledyard,  to  attend  his  Honour  the  Deputy  Governour  at  Hart- 
ford, to  hear  the  records  of  the  acts  and  doings  of  this  As- 


1760.]  OP    CONNECTICUT.  435 

sembly  publicly  read,  and  see  the  same  signed  by  the  Secre- 
tary as  perfect  and  conipleat. 

This  Assembly  is  adjourned  until  the  Governor,  or  in  his 
absence  the  Deputy  Governor,  shall  see  cause  to  call  it  to 
meet  again. 

Teste,  George  Wyllys,  Secret'y. 


> 


Esqrs, 
Assistants. 


[312]     Anno  Regni  Regis  Greorgii  secundi  tricesimo-quarto. 

At  a  General  Assembly  op  the  Governor  and  Company 
OF  HIS  Majesty's  English  Colony  of  Connecticut  in  New 
England  in  America  holden  at  New  Haven  in  said 
Colony  on  the  second  Thursday  of  October  (and  con- 
tinued BY  several  adjournments  UNTIL  THE  THIRTY-FIRST 
DAY  OF  THE  SAID  MONTH,)  ANNOQUE  DOMINI  1760. 

Present  : 
The  Honourable  Thomas  Pitch,  Esq"",  Governor. 
The  Hon^^Je  William  Pitkin,  Esq"",  Deputy  Grovernor. 

Roger  Newton,  Thomas  Wells, 

Ebenezer  Silliman,  Benjamin  Hall, 

Jonathan  Trumble,  Daniel  Edwards, 

Hezekiah  Huntington,        Jabez  Hamlin, 

Andrew  Burr,  Matthew  Griswold, 

John  Chester,  Shubael  Conant, 

Representatives  or  Deputies  ivho  attended  this  Assembly 

are  as  foUotv,  viz  : 

Col.  Joseph  Pitkin,  Mr.  John  Ledyard,  for  Hartford. 

Col.  John  Hubbard,  Mr.  John  Whiting,  for  New  Haven. 

Capt.  Jeremiah  Miller,  Capt.  Pygan  Adams,  for  New  Lon- 
don. 

Mr.  David  Rowland,  Mr.  David  Burr  jun"",  for  Fairfield. 

Capt.  Samuel  Murdock,  Mr.  Samuel  (i^ray,  for  Windham. 

Capt.  Elisha  Sheldon,  Col.  Ebenezer  Marsh,  for  Litchfield. 

Capt.  Jabez  Huntington,  Mr.  Daniel  Lothrop,  for  Norwich. 

Col.  David  Whitney,  Mr.  Charles  Burril,  for  Canaan. 

Mr.  William  Blodget,  Capt.  Moses  Tyler,  for  Preston. 

Mr.  Josiah  Strong,  Mr.  Caleb  Jewit,  for  Sharon. 

Mr.  Roger  Sherman,  Mr.  Bushnel  Bostwick,  for  New  Mil- 
ford. 

Capt.  John  Strong,  Capt.  Jared  Lee,  for  Farmington. 

Capt.  Isaac  Kellogg,  Mr.  Martin  Smith,  for  New  Hartford. 

Capt.  Thomas  Stevens,  Capt.  Benjamin  Wheeler,  for  Plain- 
field. 

Mr.  Samuel  Craft,  for  Pomfret. 


436  PUBLIC    RECORDS  [Oct. 

Mr.  Thomas  Matthews,  Mr.  John  Lewis,  for  Waterbury. 

Mr.  Samuel  Fitch,  Mr.  Joseph  Piatt,  for  Norwalk. 

Mr.  Samuel  Kimberly,  Mr.  Jonathan  Wells,  for  Glassenbury. 

Mr.  Comfort  Starr,  for  Danbury. 

Capt.  Obadiah  Johnson,   Mr.  John  Curtis,  for  Canterbury. 

Mr.  Abraham  Davenport,  Capt.  Charles  Webb,  for  Stamford. 

Mr.  David  Strong,  Capt,  Joel  White,  for  Bolton. 

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

Capt.  Joshua  Wills,  for  Tolland. 

Mr.  Daniel  Alden  jun"",  Mr.  Nathan  Johnson,  for  Stafford. 

Capt.  Hezekiah  Whittlesey,  Capt.  John  Murdock,  for  Say- 
brook. 

Mr.  Joseph  Strong  jun'',  Mr.  Phineas  Strong,  for  Coventry. 

Mr.  Daniel  Booth,  Mr.  Jonathan  Booth,  for  Newtown. 

Capt.  Joshua  West,  Mr.  William  Williams,  for  Lebanon. 

Mr.  Edward  Collins,  Mr.  Nathaniel  Terry,  for  Enfield. 

Mr.  Isaac  Johnson,  Mr.  Ebenezer  Smith  jun'',  for  Woodstock. 

Mr.  Samuel  Olmsted,  Mr.  Stephen  Smith,  for  Ridgfield. 

Capt.  Theophilus  Morgan,  Mr.  Benjamin  Gale,  for  Killings- 
worth. 

Col.  Hezekiah  Sabin,  Ca})t.  Samuel  Danielson,  for  Killingly. 

Mr.  Daniel  Sherman,  Col.  Benjamin  Hinman,  for  Woodbury. 

Mr.  John  Everts,  for  Salisbury. 

Mr.  Samuel  Nash,  Mr.  Samuel  Pcttibone,  for  Goshen. 

Capt.  John  Humpliry,  Mr.  David  Pheli)S,  for  Symsbury. 

Mr.  Alexander  Phelps,  Mr.  John  Phelps,  for  Hebron. 

Col.  Elihu  Chauncey,  Capt.  James  Wadsworth,  for  Durham. 

[313]  Mr.  Charles  Whittlesey,  Capt.  Samuel  Hulls,  for  Wal- 
lingford. 

Mr.  William  Wolcott,  Capt.  Josiah  Bissel,  for  Windsor. 

Mr.  Seth  Wetmore,  Mr.  Matthew  Talcott,  for  Middleton. 

Mr.  Daniel  Brainard  jun"",  for  East  Haddam. 

Capt.  Richard  Wait,  Capt.  Nathan  Jewit,  for  Lyme. 

Mr.  Joseph  Sexton,  for  Somers. 

Capt.  Samuel  Basset,  Capt.  James  Wheeler,  for  Derby. 

Col.  Timothy  Stone,  Mr.  Edmund  Ward,  for  Guilford. 

Col.  Robert  Walker,  Mr.  Ichabod  Lewis,  for  Stratford. 

Mr.  John  Clap,  Capt.  Jabez  Sherwood,  for  Greenwich. 

Capt.  Elislia  Williams,  for  Weathersfield. 

Mr.  Simeon  Minor,  Capt.  John  Dennison,  for  Stonington. 

Mr.  Luke  Perkins,  Ca})t.  Robert  Geer,  for  Groton. 

Mr.  James  Barker,  Capt.  William  Hoadly,  for  Branford. 

Mr.  William  Hall,  Mr.  Timothy  Metcalf,  for  Mansfield. 

Mr.  Nathan  Eliot,  for  Kent. 

Capt.  Elijah  Worthington,  Mr.  Dudley  Wright,  for  Col- 
chester. 


1760.]  OF    CONNECTICUT.  437 

Capt.  Samuel  Kent,  Mr. William  King,  for  Suffield. 

Mr.  Hezekiali  Brainard,  for  Haddam. 

Mr.  Amos  Babcock,  Capt.  Jedidiah  Fay,  for  Ashford. 

Capt.  Robert  Dixon,  for  Voluntown. 

Mr.  Daniel  Catling,  for  Harwinton. 

Capt.  Ja])ez  Huntington,  Speaker  )  of  the  House 
Mr.  Abraham  Davenport,  Clerk  )  of  Representatives. 
[314]  Resolved  by  this  Assemhly ^  That  an  humble  Address 
be  presented  to  his  Majesty  in  tlie  name  of  the  Governor  and 
Company  of  this  Colony,  congratulating  his  Majesty  on  the 
glorious  success  of  his  arms,  especially  in  North  America, 
and  expressing  the  grateful  sense  this  Colony  hath  of  his 
paternal  care  &c.  And  his  Honour  the  Governor  is  desired 
to  make  a  draught  thereof,  and  that  the  Governor  and  Secre- 
tary sign  the  same  in  the  name  of  the  said  Governor  and 
Company. 

Resolved  by  this  [^Assembly^  That  his  Honour  the  Gover- 
nor be  desired  in  the  name  and  on  behalf  of  the  Governor  and 
Company  of  this  Colony,  by  letter  to  address  his  Excellency 
General  Amlierst,  therein  congratulating  him  upon  the  happy 
success  of  his  Majesty's  arms  under  his  care  and  direction, 
and  giving  him  thanks  for  the  beneficent  care  and  wise  con- 
duct and  protection  of  the  troops  under  his  command,  and  es- 
pecially of  the  provincial  troops  of  this  Colony. 

The  Hon^ie  William  Pitkin,  Esq"",  John  Chester  and  George 
Wyllys,  Esq",  are  hereby  appointed  a  committee,  they  or  any 
two  of  them,  to  sell  seventeen  thousand  pounds  sterling  of  the 
money  granted  and  is  or  may  be  distributed  and  ordered  to 
be  paid  this  Colony  on  account  of  the  services  done  in  the 
year  1759,  as  soon  as  certain  intelligence  is  had  that  said 
money  is  received  by  the  Agent  or  Agents  of  this  Colony. 
And  the  said  committee  is  hereby  directed  to  sell  the  same 
for  the  full  value  thereof  in  silver,  gold,  or  bills  of  credit  of 
this  Colony  emitted  by  act  of  Assembly  in  March  1759,  to 
any  person  or  persons  that  shall  appear  and  pay  the  value 
thereof,  as  aforesaid,  into  the  treasury  of  this  Colony ;  and 
when  such  contract  is  made  and  the  money  or  bills  aforesaid 
paid  into  the  treasury,  and  the  Treasurer's  receipt  produced 
to  said  committee  in  evidence  thereof,  said  committee  is  di- 
rected to  lodge  the  same  with  the  Secretary  of  this  Colony 
and  make  a  proper  certificate  thereof  to  his  Honour  the  Gov- 
ernor, who  is  hereby  desired  and  imppwered,  on  receipt  of 
such  certificate,  to  draw  proper  bills  of  exchange  on  the 
present  Agents  joyntly,  or  on  either  of  them  separately,  as  he 


438  PUBLIC    RECORDS  [Oct. 

may  jjudge  most  proper,  in  favour  of  such  purchaser  or  pur- 
chasers, and  for  such  sum  or  sums  purchased  as  aforesaid. 

This  Assembly  do  appoint  and  impowcr  Richard  Jackson  of 
London  and  Jared  Ingersoll  of  New  Haven,  now  residing  in 
London,  Esq^s,  Agents  and  Attornies  for  the  Governor  and 
Company  of  this  Colony,  joyntly  or  severally  to  receive  all 
such  money  as  is  granted  by  Parliament  and  is  or  may  be 
distributed  and  ordered  to  be  paid  this  Colony  on  account  of 
the  services  done  in  obedience  to  his  Majesty's  command  in 
the  year  1759,  and  accordingly  give  his  or  their  proper  re- 
ceipts therefor.  And  it  is  hereby  ordered,  that  a  proper  in- 
strument of  procuration  or  letter  of  attorney  be  made  in  the 
name  of  said  Governor  and  Comj)any,  under  the  public  seal 
and  signed  by  the  Governor  and  Secretary  of  this  Colony, 
fully  impowering  the  said  Richard  Jackson  and  Jared  Inger- 
soll, Esqfs,  both  or  either  of  them,  for  the  purposes  aforesaid. 

Resolved  hy  this  Assembly^  That  Richard  Jackson  and  Jared 
Ligersoll,  Esq^s,  Agents  for  this  Colony  who  are  impowered 
joyntly  or  severally  to  receive  all  such  money  as  is  granted 
and  is  or  may  be  distributed  and  ordered  to  be  paid  this 
Colony  on  account  of  the  services  done  in  the  year  1759,  be 
and  they  or  either  of  them  are  hcrel^y  directed  on  recei])t  of 
such  money  to  send  seventeen  thousand  pounds  sterling  there- 
of in  specie  to  the  Governor  and  Company  of  this  Colony  by 
the  first  good  opportunity  they  or  either  of  them  may  have  to 
convey  the  same  hither  at  a  moderate  insurance  and  in  sucli 
coins  as  will  turn  out  best  for  the  advantage  of  the  Colony, 
and  to  lodge  the  remahider  of  the  money  in  some  secure  bank 
in  London  for  safety,  in  the  name  and  for  account  of  this  Col- 
ony, to  be  drawn  out  by  the  Agent  or  Agents  for  this  Colony 
for  the  time  being,  and  by  the  first  good  opportunity  to  inform 
thereof.  And  they  or  either  of  them  arc  further  directed  to 
[315]  pay  out  of  the  same  ||  all  such  Ijills  of  exchange  as  may 
be  drawn  on  them  or  either  of  them  by  his  Honour  the  (gov- 
ernor in  favour  of  any  person  or  persons  whomsoever. 

The  Governor  and  Company  of  his  ISIajesty's  English  Col- 
ony of  Connecticut  in  New  England  in  America  in  General 
Court  assembled  do  a])point  Richard  Jackson  of  London, 
Esq"",  to  be  of  Council  for  the  aforesaid  Governor  and  Com- 
pany in  all  matters  and  causes  that  are  or  may  be  dci)ending 
before  any  of  his  Majesty's  courts  of  law  or  equity  in  Great 
Britain  wherein  the  aforesaid  Governor  and  Company  are  or 
may  be  interested  and  concerned. 

The  Governor  nnd  Company  of  his  Majesty's  English  Col- 
ony of  Connecticut  in  New  England  in  America  in  General 


1760.]  OP    CONNECTICUT.  439 

Court  assembled  do  nominate,  constitute  and  appoint  Thomas 
Life  of  Basinghall  Street,  London,  Gent.,  to  be  Agent  or  At- 
torney for  the  said  Governor  and  Company,  to  ap)iear  for  and 
represent  them  before  the  King's  Most  Excellent  Majesty,  any 
of  his  courts,  ministers  of  state  or  boards  of  audience  in  Great 
Britain,  in  all  matters  and  affairs  wherein  the  said  Governor 
and  Company  are  or  may  be  interested  or  concerned,  which 
they  may  or  shall  commit  to  liim  to  be  managed  and  trans- 
acted there.  And  this  Assembly  do  order  and  enact,  that  a 
proper  instrument  of  procuration  or  letter  of  attorney  be  made 
out  under  the  public  seal  of  this  Colony  to  the  said  Tliomas 
Life,  and  signed  by  his  Honour  the  Governor  and  the  Secre- 
tary in  the  name  and  behalf  of  the  said  Governor  and  Com- 
pany. 

Resolved  hy  this  Assembly^  Tliat  the  Treasurer  of  tliis  Col- 
ony be  and  he  is  hereby  directed  and  ordered,  to  pay  and  dis- 
cliarge  the  Treasurer's  notes  of  liand  given  to  Jonathan 
Trumble,  John  Ledyard  and  David  Rowland,  Esqi's,  for  the 
money  borrowed  and  received  from  them,  out  of  such  money 
as  is  now  in  liis  hands,  and  to  keep  a  proper  account  thereof 
and  from  wliora  or  on  what  account  the  money  so  paid  was 
received  ;  and  that  he  in  some  proper  manner  notify  the  pos- 
sessors of  said  notes  that  he  is  now  ready  to  discharge  the 
same. 

An  Act  in  Addition  to  an  Act  entituled  An  Act  for  regulating  the  Election 
of  the  Governor,  Deputy  Governor,  Assistants,  &c. 

Be  it  enacted  hy  the  Governor^  Council  and  Representatives^ 
in  Creneral  Court  assembled,  ayid  by  the  authority  of  the  same. 
That  the  constables  in  the  several  towns  in  the  county  of 
Litchfield  without  further  order  shall  warn  all  the  freemen  in 
their  respective  towns  to  meet  together  yearly  on  the  third 
Tuesday  of  September,  agreeable  to  the  direction  in  said  act 
given  to  the  freemen  of  the  counties  of  Hartford,  New  Haven 
and  Fairfield,  and  conform  themselves  according  thereto. 

An  Act  in  Addition  to  the  Law^s  made  for  the  Regulation  of  Ferries  and 
for  the  Alteration  of  the  Fare  of  the  Ferries  at  Ne-w  London 

and  Saybrook. 

Whereas  the  fare  for  transportation  of  wheel-carriages 
over  the  several  ferries  in  this  Colony  has  never  been  stated, 
and  it  is  found  necessary  to  alter  the  fare  of  the  ferries  at  New 
London  and  Saybrook  :  And  whereas  it  is  provided  that  two 
boats  shall  be  kept  at  each  of  the  ferries  at  New  London  and 
Saybrook,  the  design  of  which  provision  is  in  a  great  measure 
frustrated  by  the  negligence  of  the  ferrymen  in  suffering  both 
the  boats  frequently  to  remain  long  on  the  same  side  of  the 
river,  and  thereby  occasioning  great  delay  to  travellers : 
Which  to  prevent, 


440  PUBLIC    RECORDS  •     [Oct. 

Be  it  enacted  hy  the  Governor^  Council  and  Representatives^ 
in  General  Court  assembled,  and  hy  the  authority  of  the  same, 
That  the  ferrymen  or  tenders  of  the  ferries  at  New  London 
and  ►Saybrook  shall  carefully  and  dilli gently  attend  the  con- 
[316]  venicnce  of  passengers ;  and  to  that  end  ||  they  shall 
not  at  either  of  said  ferries  suffer  said  two  boats  to  lie  at  the 
same  time  on  the  same  side  the  river,  but  from  time  to  time, 
as  soon  as  either  of  said  boats  have  crossed  such  river  and 
reached  the  opposite  shore,  the  ferryman  or  ferrymen  whose 
boat  shall  then  lie  at  said  shore  shall  immediately  put  off  his 
boat  and  pass  over  to  the  other  side  of  said  river,  whether 
there  be  any  passengers  ready  to  go  over  or  not,  unless  the 
ferryman  who  last  arrived  to  the  shore  where  the  other  boat 
shall  be  lying  shall  immediately  return  to  the  shore  from 
whence  he  came  as  soon  as  he  can  unload  his  passengers  or 
freight.  And  when  it  shall  so  happen  when  either  of  said 
boats  shall  have  put  off  from  the  shore  any  passengers  shall  be 
waiting  or  come  before  such  boat  shall  arrive  at  the  other 
shore,  the  ferryman  on  the  opposite  side  shall  immediately  put 
off  and  carry  over  such  passengers.  And  the  fare  shall  be- 
long to  that  ferryman  on  that  side  from  whence  they  pass. 
And  if  any  such  ferryman  or  ferrymen  shall  neglect  to  con- 
form to  the  true  intent  and  meaning  of  this  act,  he  or  they 
for  every  such  offence  shall  forfeit  and  pay  the  sum  of  twenty 
shillings,  to  be  recovered  in  the  same  manner  and  for  the 
same  |»urpose  as  is  by  law  already  provided. 

And  he  it  further  enacted  hy  the  authority  aforesaid.  That 
the  fare  of  New  London  ferry  shall  be  for  a  man,  horse  and 
load,  four  pence  ;  a  foot  man,  one  penny  half-penny  ;  a  led 
horse,  two  pence  half-penny ;  for  an  ox  or  other  neat  kine, 
four  pence  half-penny  ;  for  sheep,  swine  or  goats,  one  half- 
penny each  ;  and  that  the  fare  of  Saybrook  ferry  from  the 
first  of  October  to  the  first  of  April  annually  shall  be  for  man, 
horse  and  load,  eight  pence  ;  a  foot  man,  three  pence ;  a  led 
horse,  six  pence  ;  for  an  ox  or  other  neat  kine,  eight  pence  ; 
for  sheep,  swine,  goats,  one  penny  each,  and  that  for  the 
other  months  in  the  year  the  fare  of  said  ferry  shall  be  for  a 
man,  horse  and  load,  six  pence  ;  a  foot  man,  two  pence  ;  a  led 
horse  four  pence  ;  for  an  ox  or  other  neat  kine,  six  pence ; 
for  sheep,  swine  or  goats,  three  farthings  each. 

And  he  it  further  enacted  hy  the  authority  aforesaid.  That 
the  fare  for  whcel-cai-riagcs  over  the  several  ferries  in  this 
Colony  shall  be  for  each  two  wheel  carriage  with  only  one 
man  and  draught  horse  be  double  the  fare  for  man,  horse  and 
load,  already  stated  for  such  ferry ;  and  for  each  person  or 
horse  more  than  one  as  abovesaid,  the  same  respectively  as 


1760] 


OF    CONNECTICUT 


441 


for'foot  men  or' led  horses  as  is  already  stated  ;  and  for  each 
four  wheel  carriage  shall  be  paid  for  such  carriage  with  one 
man  and  draught  horse,  three  times  the  sum  of  the  stated  fare 
of  such  ferry  for  man,  horse  and  load,  and  for  each  person  or 
liorse  more  than  one,  the  same  respectively  as  for  foot  men 
or  led  horses  as  is  already  provided  ;  any  law,  usage  or  cus- 
tom to  the  contrary  notwithstanding. 

It  is  ordered  and  enacted  hy  this  Assembly^  That  the  brand 
for  horses  for  the  town  of  Goshen  shall  be  the  following  fig- 
ure or  character,  viz  :  ^K. 

The  Gentlemen  nominated  by  the  Freemen  of  this  Colony  to  stand  for 
Election  in  May  1761,  are  as  follow,  viz : 

The  Honi^i^  Thomas  Fitch,  Esq^. 

The  Hon'''«  William  Pitkin,  Esq^. 
Roger  Newton,  Esqf.  Jabez  Hamlin,  Esq^ 

Ebenezer  Silliman,  Esq^.  Matthew  Griswold,  Esq^ 

Jonathan  Trumble,  Esq^  Shubael  Conant,  Esq'\ 

Hezekiah  Huntington,  Esq"".     Phiiieas  Lyman,  Esq"". 


Andrew  Burr,  Esq' 
John  Chester,  Esq^. 
Thomas  Wells.  Esqf. 
Benjamin  Hall,  Esq^ 
Daniel  Edwards,  Es(i[r 


Capt.  Elisha  Sheldon. 
Col.  Eliphalet  Dyer. 
Mr.  Roger  Sherman. 
Col.  Joseph  Pitkin. 
Col.  Rol)ert  Walker. 


[317.1  The  Sum  Total  of  the  Lists  of  several  Towns  in  this  Colony  as  sent 
in  to  the  General  Assembly  at  New  Haven  October  1 760. 


Hartford,        X  36998 

18 

3 

New  Haven, 

X56175 

11 

6 

New  London, 

3341S 

15 

8 

Fairfield, 

55072 

11 

7 

Windham, 

26879 

0 

44 

Litchfield, 

17245 

10 

0 

Norwich, 

57045 

8 

1 

Canaan, 

11120 

16 

6 

Preston, 

21003 

7 

0 

Sharon, 

12029 

0 

0 

New  Milford, 

17701 

6 

4 

Farmington, 

45012 

9 

New  Hartford 

,    5320 

14 

0 

Plainfield, 

12444 

1 

0 

Pomfret, 

22024 

14 

6 

Waterbury, 

23853 

11 

6 

Norwalk, 

35236 

6 

3 

Glassenbury, 

12964 

0 

Danbury, 

21872 

6 

3 

Canterbury, 

16937 

18 

0 

Stamford, 

27882 

13 

8 

Bolton, 

9044 

4 

0 

Milford, 

25810 

0 

1 

Tolland, 

10202 

0 

0 

Stafford, 

6414 

() 

5 

Say brook. 

21950 

0 

^ 

Coventry, 

18089 

0 

8 

New  Town, 

14973 

0 

9 

Lebanon, 

37175 

6 

6 

Enfield, 

9208 

'7 

0 

Woodstock, 

isooo 

0 

0 

Ridgfield, 

13172 

6 

74 

Killingsworth 

,  15814 

5 

0 

Killingly, 

22102 

0 

0 

Woodbury, 

41008 

15 

8 

Salisbury, 

11922 

19 

0 

Goshen, 

7455 

2 

0 

Symsbury, 

22976 

8 

0 

Hebron, 

19297 

11 

0 

Durham, 

10395 

15 

10 

Wallingford, 

43117 
66 

7 

3 

Windsor, 

41089 

14 

•mi 

44ii                                          PUBLIC 

RECORDS 

( 

Del 

Middletown,  X48516     0 

8 

East  Haddam, 

<£21307 

17 

2 

Lyme,                 28124  18 

9 

Somers, 

7090 

15 

0 

Dcrl)y,               14102  11 

Gnilford, 

31331 

12 

1 

Stratford,          41070     4 

10 

Greenwich, 

20702 

5 

6 

Weathersfield,  26000     0 

0 

Stonington, 

34306 

9 

0 

Groton,              23017  13 

5 

Branford, 

21478 

16 

--> 

Mansfield,         17212     3 

9 

Torrington,  west 

Cornwall,            5752  10 

6 

side,    * 

417:; 

4 

0 

Kent,                 10000     0 

0 

do.  east  side 

,     1376 

9 

0 

Suffield,             17472  11 

6 

Colchester, 

24394 

1 

0 

Haddam,           12626  15 

6 

Ash  ford. 

12419 

14 

6 

Voluntown,       10125  16 

0 

Harwinton, 

5147 

5 

0 

This  Assembly  appoints  Thomas  Darling,  Esq'",  to  be  a  Jus- 
tice of  the  Quorum  for  the  county  of  New  Haven  until  the 
first  day  of  June  next. 

This  Assembly  do  appoint  Mr.  Elisha  Fitch  of  Norwich,  in 
the  room  and  stead  of  John  Richards,  Esq"",  to  l)e  an  Overseer 
of  the  tri])e  of  the  Pequot  Indians  living  at  Mashantuxit  in 
Groton,  and  to  joyn  with  Capt.  Daniel  Coit  of  New  London  in 
taking  the  care  and  oversiiJi:ht  of  said  Indians  and  their  affairs 
according  to  the  ])Ower  and  direction  heretofore  given  to  the 
overseers  of  said  Indians. 

LT|ion  the  report  of  Messrs.  Lord,  Brainard  and  Murdock, 
a  committee  ap[)ointed  liy  the  General  Assem))ly  in  May  last 
to  consider  of  certain  places  for  setting  up  ferries  on  Connecti- 
cut River,  one  a1)ove  and  the  other  below  Brockway's  ferry,  so 
called, 

Resolved  by  this  Assembly :  That  said  report  for  further 
consideration  be  continued  till  the  session  of  the  Assem))ly  in 
May  next,  and  the  same  is  continued  accordingly. 

And  whereas  it  is  thought  expedient  that  a  country  road 
branching  out  of  the  now  post  road  from  New  Haven  to  New 
[318]  Lond(jn  be  laid  out  in  the  ||  most  convenient  and  di- 
rect course  from  about  the  town  of  Killing  worth  eastward  to 
the  towns  of  Norwich  or  Windham  &c.,  crossing  said  river, 
which  may  tend  to  inlluence  the  establishing  a  certain  place 
of  ferriage  upon  said  river, 

It  is  further  resolved  by  this  Assembly^  That  Mr.  Daniel 
Lothroj),  Capt.  Richard  Hide  and  Mr.  Isaac  Tracy  be  and  tliey 
are  ]ieret)y  appointed  and  authorized  a  committee  to  view  the 
country  and  lands  and  said  river,  from  said  Killingworth  to 
said  Norwich  and  Wyndham  Ac,  and  properly  investigate  tlie 
best  places  for  such  country  road  and  ferry,  and  mark  or  de- 
scribe said  road,  and  make  return  of  tlieir  doings  therein  to 
this  Assembly  in  May  next,  in  order  that  such  road  may  be 
opened  and  established  accordingly. 


£  3 

14 

0 

47 

8 

4 

18 

10 

0. 

37 

11 

3 

12 

0 

17r)0.]  OP    CONNECTICUT.  443 

We  your  Honours'  Committee  being  appointed  to  receive, 
examine  and  adjust  tlie  several  accounts  for  diet,  medicines 
&c.  supplied  Robert  Cromwell  and  make  report  whether  the 
whole  or  what  part  thereof  ought  to  be  paid  by  Phineas  Cook 
c^'c.  beg  leave  to  report,  tliat  we  have  received,  examined  and 
adjusted  tbe  several  accounts  referred  to,  and  it  is  our  opinion 
tliat  tliere  is  justly  due 

On  Dr.  Amos  Mead's  acco't. 

On  Novel  Conklin, 

On  Samuel  Ketchum, 

On  Dr.  Peter  Huggford, 

On  Jeremiah  Anderson, 

Amounting  in  the  whole  to  107  15  7  lawful  money, 
on  account  of  the  support  of  the  said  Robert  Cromwell,  and 
that  the  said  Phineas  Cook  ought  to  pay  £70  4  4  of  tlie  al'o re- 
said  sum.  All  which  is  humbly  submitted  to  your  Honours. 
Signed,  per  order,  He/^  Huntington. 

The  above  report  accepted  and  approved,  and  thereupon  it 
is  resolved  and  ordered,  that  upon  the  said  Phineas  Cook  his 
paying  to  the  Treasurer  of  this  Colony  the  said  sum  of  £70 
4  4  lawful  money  or  procuring  good  and  sufficient  security  for 
the  payment  thereof  within  four  months  on  interest,  such 
security  to  be  to  the  acceptance  of  John  Whiting,  Esq"",  of 
New  Haven,  who  is  hereby  desired  and  ordered  to  take  the 
same  and  deliver  it  to  the  Treasurer,  take  his  receipt  there- 
for and  lodge  the  same  with  the  Secretary  of  this  Colony,  he, 
the  said  Phineas  Cook,  be  released  from  his  arrest,  paying  the 
cost  thereof,  and  no  longer  holden  to  take  care  of  or  support 
the  said  Robert  Cromwell. 

Whereas  it  is  represented  to  this  Assembly  by  Matthew 
Oriswold,  King's  Attorney  for  the  county  of  New  London, 
that  he  obtained  judgment  (in  the  name  of  Josei>h  Talcott, 
Esq"",  Treasurer  of  this  Colony,  for  the  use  and  benefit  of  the 
Governor  and  Company  of  this  Colony,)  against  Joseph  Bill, 
of  Norwich  in  the  county  of  New  London,  before  the  superior 
court  held  at  said  Norwich  on  the  fourth  Tuesday  of  March 
17r)9,  for  about  the  sum  of  thirty-two  pounds  lawful  money 
for  debt  and  cost,  which  judgment  was  obtained  in  an  action 
brought  on  a  bond  of  recognizance  given  by  the  said  Joseph 
Bill  for  the  appearance  of  John  Bill  of  said  Norwich  to  answer 
to  a  process  against  him  for  uttering  a  counterfeit  bill ;  that 
execution  was  granted  on  said  judgment,  but  personal  estate 
not  being  to  be  found,  said  execution  was  levied  on  about  one 
acre  and  half  of  land  in  said  Norwich  with  a  small  house 


444  PUBLIC    RECORDS  [Oct. 

thereon,  all  which  was  apprized  at  eighteen  pounds;  that  no 
[319]  person  is  impowered  to  dispose  of  said  land :  ||  It  is 
therefore  resolved  by  this  Assembly,  that  the  aforesaid 
Matthew  Griswold  be  and  he  is  hereby  impowered  and  direc- 
ted to  make  sale  of  said  land  taken  by  execution  as  aforesaid 
to  the  best  advantage  for  the  benefit  of  this  Colony,  and  the 
committee  appointed  by  this  Assembly  to  give  releases  of  the 
lands  mortgaged  to  this  Colony  are  hereby  impowered  and 
directed  to  execute  a  deed  of  said  lands  so  taken  by  execu- 
tion as  aforesaid  to  the  purchaser  thereof,  and  that  the  afore- 
said Matthew  Griswold  is  hereby  directed  to  receive  the  price 
of  said  land  upon  the  delivery  of  said  deed,  and  after  deduct- 
ing the  cost  of  levying  said  execution  and  sale  of  said  land  to 
deliver  the  residue  to  the  Treasurer  of  this  Colony  and  take 
his  receipt  therefor  and  lodge  the  same  with  the  Secretary  of 
this  Colony. 

This  Assembly  do  establish  Mr.  Nehemiah  Lyon  to  be 
Captain  of  the  17th  company  or  trainband  in  the  11th 
regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Nathaniel  Child  to  be  Lieu- 
tenant of  the  17th  company  or  trainband  in  the  11th  reghnent 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Stephen  May  to  be  Ensign 
of  the  17th  company  or  trainband  in  the  11th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Enoch  Davis  to  be  Captain 
of  the  company  or  trainband  in  the  parish  of  Ripton  in  the 
4th  regiment. 

This  Asseml)ly  do  establish  Mr.  Peleg  Burrit  junf,  to  be 
Lieutenant  of  the  company  or  trainband  in  the  parish  of 
Ripton  in  the  4th  regiment. 

This  Assembly  do  estal)lish  Mr.  Treat  Mills  to  be  Ensign 
of  the  company  or  trainL»and  in  the  parish  of  Ripton  in  the 
4th  regiment. 

This  Assembly  do  establish  Mr.  Daniel  Catling  to  be  En- 
sign of  the  company  or  trainband  in  Harwinton  in  the  1st 
regiment. 

This  Asseml)ly  do  establish  Mr,  John  Coleman  to  be  Cap- 
tain of  the  1st  company  or  trainband  in  the  town  of  Hart- 
ford. 

This  Assembly  do  estal>lish  Mr.  George  Palmer  to  be  Cap- 
tain of  the  company  or  trainband  in  the  town  of  Norfolk. 

This  Assembly  do  establish  Mr.  William  Walter  to  be  Lieu- 
tenant of  the  comj)any  or  trainband  in  the  town  of  Nor- 
folk. 


1760,]  OF    CONNECTICUT.  445 

This  Assembly  do  establish  Mr.  Ezra  Knap  to  be  Ensign 
of  the  company  or  trainband  in  the  town  of  Norfolk. 

This  Assembly  do  establish  Mr.  Ebenezer  Norton  to  be 
Captain  of  the  east  company  or  trainband  in  Goshen. 

This  Assembly  do  establish  Mr.  John  North  to  be  Lieuten- 
ant of  the  east  company  or  trainband  in  Goshen. 

This  Assembly  do  establish  Mr.  Joseph  Giddings  to  be 
Ca])tain  of  the  company  or  trainband  in  the  north  society  in 
New  Fairfield. 

This  Assembly  do  establish  Mr.  Henry  Bennit  to  be  Lieu- 
tenant of  the  company  or  trainband  in  the  north  society  in 
New  Fairfield. 

This  Assembly  do  establish  Mr.  John  Blackman  to  be 
Captain  of  the  2d  company  or  trainband  in  Newton  in  the 
4th  regiment. 

This  Assembly  do  establish  Mr.  Jonathan  Fairchild  to  be 
Lieutenant  of  the  2d  company  or  trainband  in  Newton  in  the 
4th  regiment. 

This  Assembly  do  establish  Mr.  Silas  Park  to  be  Lieuten- 
ant of  the  1st  company  or  trainl^and  in  Preston  in  the  8th 
regiment. 

This  Assembly  do  establish  Mr.  Ebenezer  Avery  to  be  En- 
sign of  the  1st  comjiany  or  trainband  in  Preston  in  the  8th 
regiment. 

This  Assembly  do  establish  Mr.  Simeon  Raymond  to  be 
Lieutenant  of  the  2d  company  or  trainband  in  Norwalk  in 
the  9th  regiment. 

This  Assembly  do  establish  Mr.  Nathaniel  Benedict  to  be 
Ensign  of  the  2d  company  or  trainl)and  in  Norwalk  in  the  9th 
regiment. 

This  Assembly  do  establish  Mr.  Daniel  Comestock  to  be 
Captain  of  the  1st  company  or  trainband  in  Kent. 

[320]  This  Assembly  do  establish  Mr.  Jethro  Hatch  to  be 
Lieutenant  of  the  1st  company  or  trainband  in  Kent. 

This  Assembly  do  establish  Mr.  Benjamin  Skiff  to  be  En- 
sign of  the  1st  com])any  or  trainband  in  Kent. 

This  Assembly  do  establish  Mr.  Nathan  Griswold  to  be  En- 
sign of  the  12th  company  or  trainband  in  the  7th  regiment. 

This  Assembly  do  establish  Mr.  Abijah  Hall  to  be  Captain 
of  the  17th  company  or  trainljand  in  the  6tli  regiment. 

This  Assembly  do  establish  Mr.  Stephen  Olmsted  to  })e 
Lieutenant  of  the  17th  company  or  trainband  in  the  6th  regi- 
ment. 

This  Assembly  do  esta])lish  Mr.  Silas  Dunham  to  be  Ensign 
of  the  17th  company  or  trainband  in  the  6th  regiment. 


446  PUBLIC    RECORDS  [Oct. 

This  Assembly  do  establish  Mr.  James  Terrilto  be  Lieuten- 
ant of  the  3d  company  or  trainlmnd  in  New  Milford. 

This  Assembly  do  establish  Mr.  Moses  Averil  to  be  En- 
sign of  the  3d  company  or  trainband  in  New  Milford. 

This  Assembly  do  establish  Mr.  Thaddeus  Cook  to  be  Lieu- 
tenant of  the  2d  company  or  trainV>and  in  Preston. 

This  Assembly  do  establish  Mr.  Nathaniel  Cogswell  to  be 
Ensign  of  the  2d  company  or  trainband  in  Preston. 

This  Asseml)ly  do  estal»lish  Mr.  Joseph  Holiby  to  be  Cap- 
tain of  the  middlemost  company  or  trainband  in  the  town  of 
Greenwich. 

This  Assembly  do  establish  Mr.  Eli  Rundle  to  be  Lieuten- 
ant of  the  middlemost  company  or  trainband  in  the  town  of 
Greenwich. 

This  Asseml)ly  do  establish  Mr.  Ruben  Holmes  to  be  En- 
sign of  the  middlemost  company  or  trainband  in  the  town  of 
Greenwich. 

This  Assembly  do  establish  Mr.  Benjamin  Bissel  to  be 
Lieutenant  of  the  2d  company  or  trainband  in  Torrington  in 
the  first  regiment. 

This  Assembly  do  establish  Mr.  James  Noyes  to  be  Lieu- 
tenant of  the  1  st  company  or  trainband  in  the  town  of  Ston- 
ington  in  the  8th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Hempsted  Minor  to  be  En- 
sign of  the  1st  company  or  trainband  in  the  town  of  Stoning- 
ton  in  the  8th  regiment  in  this  Colony. 

This  Assemljly  do  establish  Mr.  Zebnlon  Curtiss  to  be  Cap- 
tain of  the  1st  company  or  trainband  in  the  town  of  Torring- 
ton. 

This  Assembly  do  establish  Mr.  Abel  Beach  to  be  Lieuten- 
ant of  the  1st  company  or  trainl)and  in  the  town  of  Torring- 
ton. 

This  Assembly  do  establish  Mr.  Nathaniel  Barber  to  be 
Ensign  of  the  1st  company  or  trainband  in  the  town  of  Tor- 
rington. 

Whereas  John  Swetland  and  Joseph  Swetland,  both  of 
Hartford,  and  others,  legatees  to  the  estate  of  Benjamin  Swet- 
land late  of  New  London,  deceased,  exhibited  their  petition  to 
the  General  Assembly  of  this  Colony  at  their  sessions  in  May 
last  against  John  Richards,  Esq"",  of  New  London,  complain- 
ing that  said  Richards  and  his  wife  secreted  and  detained 
some  part  of  the  personal  estate  of  the  said  Benjamin  Swet- 
land, deceased,  <fec.,  ])raying  that  commissioners  might  be  ap- 
pointed to  examine  tlic  said  Ri(;hards  and  his  said  wife  relat- 
ing to  the  matters  aforesaid  &c.,  as  per  petition  on  file  :  And 


» 


1760.]  OF    CONNECTICUT.  447 

whereas  the-said  Assembly-;at,  their  sessions  aforesaid  on  the 
petition  aforesaid  did  appoint  Richard  Lord  of  Lyme,  Jabez 
Huntington  and  Ebcnezer  Bacchus  of  Norwich,  Esqi's,  a  com- 
mittee with  full  power  and  authority  to  call  before  tliem  the 
aforesaid  John  Richards,  Esc]'',  and  his  said  wife  and  them  ex- 
amine ui)on  oath  cfec.  and  make  report  to  this  Asscmldy  of 
what  they  shonld  find  in  tlio  i)reniiscs  :  And  whereas  the  said 
committee  pursuant  to  tlic  jwwer  and  direction  aforesaid  ac- 
cordin,2;ly  examin'd  the  aforesaid  John  Richards,  Esiir,  and 
his  said  wife  on  oath  rclatiuij:  to  the  matters  aforesaid,  and 
have  reported  to  this  Assembly  tlioreon  that  sundry  articles 
of  the  personal  estate  that  belonged  to  the  said  Benjamin,  de- 
ceased, at  the  time  of  his  death  with  the  avails  and  of  some 
other  articles  thereof  which  were  sold  l)y  the  administratrix 
on  the  estate  of  said  deceased,  in  the  whole  to  the  amount  of 
=£105  14s.  lOd!.  lawful  money,  came  into  the  hands  of  said 
Richards ;  that  said  Richards  made  an  inventory  thereof  as 
the  estate  of  Hannah  Swetland,  administratrix  aforesaid,  and 
[321]  accordingly  exhibited  the  same  to  the  ||  court  of  pro- 
bates for  the  district  of  New  London  ;  which  report  is  accord- 
ingly accepted  and  approved  :  It  is  thereupon  resolved  by  this 
Assembly,  that  the  aforesaid  Richard  Lord,  Jabez  Huntington 
and  Ebenezer  Bachus  be  and  they  are  hereby  appointed  a 
committee  with  full  power  and  authority  to  repair  to  New 
London,  hear  the  parties  aforesaid  in  their  evidences  and  pleas 
relating  to  the  right  and  property  of  tho  said  articles  of  per- 
sonal estate  (and  avails  aforesaid)  of  the  said  Benjamin,  de- 
ceased, which  came  into  the  hands  of  said  John  Richards 
and  mentioned  in  the  rejiort  aforesaid,  and  to  judge  and  de- 
termine in  equity  whether  the  said  John  Richards  ought  to  ac- 
count to  said  petitioners  and  other  legatees  of  tho  said  Benja- 
min's will,  or  such  as  claim  under  them,  for  such  of  said  per- 
sonal estate  or  avails  which  has  come  into  his  hands  as  afore- 
said. And  if  said  committee  shall  lind  that  said  Richards 
ouglit  in  equity  to  account  to  said  petitioners  &c.  for  the  same 
or  any  part  thereof,  said  committee  are  to  determine  the  sum 
and  to  whom  the  same  ought  to  be  paid,  and  to  make  return 
of  their  doings  on  the  premises  to  this  Assembly  at  their  ses- 
sions in  May  next. 

On  the  petition  of  James  Pelton  of  Guilford  versus  Jonathan 
Atwood  of  Woodbury,  shewing  to  this  Assembly  that  the  jury 
missed  the  law  in  trial  of  a  cause  at  the  siqterior  court  held  in 
New  Haven  in  August  term  A.  D,  1758,  wherein  said  Pelton  was 
plaintiff  vs.  said  Atwood,  in  disallowing  the  testimony  of  one 
good  and  credible  witness  to  be  legal  evidence,  when  in  their 


448  PUBLIC    RECORDS  [Oct. 

consciences  they  were  perswaded  said  witness  was  true  and 
credible  ;  praying  for  liberty  of  another  trial  of  said  case,  as 
per  his  petition  on  file  apjiears  :  Resolved  by  this  Assembly, 
that  lil)crty  be  and  hereby  is  granted  unto  said  James  Pelton 
of  a  new  trial  of  said  cause  l)y  way  of  review  on  the  last  Tues- 
day of  February  next  at  the  sui)erior  court  to  be  held  in  New 
Haven  ;  and  all  cost  including  wliat  has  been  already  paid 
shall  follow  the  final  trial  of  said  case. 

Upon  the  petition  of  Rol)ert  Corning,  late  of  Beverly  in  the 
county  of  Essex  and  Province  of  the  Massachusets  Bay,  now 
of  Woborn  in  the  county  of  Middlesex  and  Province  aforesaid, 
representing  that  he  brought  his  action  against  Malachi  Cor- 
ning, of  Hartford  in  the  county  of  Hartford,  to  the  county 
court  held  at  said  Hartford  in  November  1757,  on  a  bond  dated 
the  27th  of  January  1747,  demanding  in  damages  seventy 
pounds  lawful  money  ;  that  said  action  l)eing  thence  adjourn'd 
with  said  court  to  the  adjourn'd  county  court  held  at  said  Hart- 
ford in  January  then  next,  and  that  the  same  was  then  tryed 
by  the  jury  on  the  plea  of  owe  nothing  and  found  against  the 
petitioner  «fec.  ;  that  the  petitioner  in  joyniug  in  said  issue  mis- 
took and  missed  his  plea  &c. ;  praying  liberty  for  a  new  trial 
&c.:  Resolved  by  this  Assembly,  that  the  petitioner  shall  have 
liberty,  and  liberty  is  hereby  granted  to  him,  to  have  a  new 
trial  in  the  action  aforesaid  at  the  county  court  to  be  held  at 
Hartford  in  the  county,  of  Hartford  on  the  first  Tuesday  of 
November  next,  and  the  future  cost  only  to  follow  the  final 
judgment. 

Upon  the  petition  of  Watrus  Clark  of  Lyme,  shewing  to  this 
Asseml)ly  that  Nathaniel  Shaw  of  New  London  obtained  final 
[322]  II  judgment  against  said  petitioner  before  the  superior 
court  held  at  Norwich  in  the  county  of  New  London  on  the 
fourth  Tuesday  of  March  last  for  the  sum  of  one  hundred 
pounds  for  damage  and  also  for  the  sum  of  four  pounds  foi- 
cost ;  complaining  that  the  jury  mistook  the  law  in  constru- 
ing the  evidence  exhibiled  in  the  trial  of  said  action  &c. ;  pray- 
ing for  a  new  trial  &c.,  as  per  petition  on  file:  Resolved  by 
this  Assembly,  that  said  petitioner  have  liberty  of  a  new  trial 
in  said  action  at  the  superior  court  to  be  held  at  Norwich  in 
and  for  the  county  of  New  London  on  the  fourth  Tuesday  of 
March  next,  by  way  of  review,  and  that  the  cost  from  the 
beginning  follow  said  trial. 

Upon  the  petition  of  Daniel  Smith,  late  of  Haddam  now  of 
Graiulvill  in  the  county  of  Hampshire  in  the  Province  of  the 
Massachusets  ]>ay,  shewing  to  this  Assembly  that  Elisha 
Wadsworth  of  Hartford  ol)tained  judgment  against   said  peti- 


J 


1760.]  OF    CONNECTICUT.  449 

tioner  before  the  superior  court  held  at  Hartford  on  the  first 
Tuesday  of  »September  last  for  the  sum  of  .£40  Os.  Oc^.  lawful 
money  for  damages,  and  for  the  sum  of  XII  IBs.  M.  like 
money  for  cost,  which  judgment  was  obtained  in  an  action 
brought  on  a  certain  writing  obligatory  under  the  hand  and 
seal  of  said  petitioner  conditioned  for  payment  of  <£40  Os.  Od. 
in  case  a  paper  jmrporting  the  last  will  and  testament  of  Mr. 
William  Smith  (late  of  Haddam,  deceased,  fatlier  to  said 
petitioner)  should  not  be  proved  &g.  ;  comjtlaining  that  said 
writing  obligatory  was  obtained  by  fraud,  deceit  &c.  ;  praying 
that  said  judgment  might  be  set  aside  and  said  })etitioner  be 
decreed  to  have  his  cost  &c.  or  that  a  committee  be  apj>ointed 
to  enquire  into  the  matters  complained  of  in  said  ])etition,  as 
per  petition  on  file  :  Resolved  by  this  Assembly,  that  Col. 
Elihu  Chauncey,  Hezekiah  Brainard,  Es(ps,  and  Capt.  Mat- 
thew Talcott  be  and  they  are  hereby  ajipointed  a  committee 
with  full  power  to  enquire  and  examine  into  the  matters  com- 
plained of  in  said  petition,  and  re))ort  (what  they  shall  find  in 
the  premises)  to  this  Assembly  at  their  sessions  in  May  next, 
with  their  opinion  thereon,  and  that  execution  on  said  judg- 
ment be  stayed  till  the  rising  of  this  Assembly  in  May  next. 

Whereas  upon  the  petition  of  John  Marshall  of  Greenwich, 
administrator  on   the  estate  of  John  Marshall  late  of  said 
Greenwich,  deceased,  against  Thomas  Hill,  Anthony  DeMill 
and  Daniel  Ogden,  in  their  own  right,  and  Samuel  Hoit  and 
John  Griffin,  administrators  on  the  estate  of  David  Marshal, 
deceased,  the  General  Assembly  in  May  last  appointed  Eben- 
ezer  Silliman,  Esq"",  Col.  John  Read  and  Mr.  William  Burr 
a  committee  to  en(juire  and  examine  into  the  matter  alledged 
in  said  petition  relating  to  the  i»etitioner's  accounts  against 
the  estate  of  the  said  deceased  and  the  receipts  of  the  heirs  of 
said  deceased  by  the  petitioner's  delivering  out  portions  of 
said  estate  to  some  of  said  heirs ;  which  committee  having  re- 
ported that  ui)on  the  account  of  land  being  put  into  the  inven- 
tory of  the  estate  of  the  deceased  which  did  not  belong  there- 
to, and  what  was  set  off  to  the  widow  for  her  part  of  the  per- 
sonal estate,  the  inevital)le  loss  upon  the  estate  while  in  the 
petitioner's  hands,  and  the  cost  and  charges  the  petitioner 
hath  been  at  in  taking  care  of  and  protecting  said  estate  and 
children,  amounting  in  the  whole  to  the  sum  of  £996  9s.  ild. 
[828]  ought  in  favour  to  the  petitioner  to  be  deducted  out  of  || 
the  sum  of  the  inventory,  and  that  the  sum  of  £1089  lis.  2d. 
and  no  more,  remains  to  be  accounted  as  clear  estate ;  and 
that  there  being  eleven  children  and  the  said  sum  of  X1089 
lis.  2d.  to  be  divided  in  twelve  equal  parts  in  settlement,  each 

57 


450  PUBLIC    KECORDS  ("Oct. 

single  share  thereby  is  £90  15s.  lid.  ;  and  that  Elizabeth,  one 
of  the  daughters  of  said  deceased,  had  received  of  the  petiti- 
oner by  way  of  portion,  £30,  and  that  there  is  now  due  to 
her  £60  15s.  lid. ;  and  that  there  hath  been  received  by  and 
for  Hannah,  another  of  the  daughters  of  the  deceased,  of  ]ior- 
tion  of  the  petitioner  XOO  Is.  lOd.  which  is  X8  15s.  lid. 
more  than  her  portion  of  said  estate ;  that  Zachcus  had  re- 
ceived nothing,  so  that  all  his  portion  is  still  due,  and  that 
Ichabod  had  received  of  the  petitioner,  which  ought  to  be  ac- 
counted as  part  of  his  portion  of  said  estate,  the  sum  of  X44 
10s.,  so  that  there  remains  due  from  said  estate  upon  the  ac- 
count of  the  said  Ichabod  the  sum  of  £1Q  5s.  lid. ;  which  re- 
port this  Assembly  approves  of  and  accepts :  And  thereupon 
it  is  resolved  by  this  Asseml)ly,  that  for  a  full  and  compleat 
settlement  of  said  estate  of  the  said  deceased  John  Marshall, 
that  the  said  Elizabeth  or  her  legal  representatives  have  dis- 
tributed, set  out  and  delivered,  as  the  full  remaining  part  of 
her  part  and  portion  of  her  said  father's,  the  deceased  John 
Marshall's,  estate,  the  sum  of  £60  15s.  11(7.  valued  according 
to  the  inventory  of  said  estate ;  and  that  the  legal  representa- 
tives of  the  said  Zacheus  have  distributed,  set  out  and 
delivered  to  them,  as  the  full  of  the  said  Zacheus's  proportion 
of  the  said  deceased's  estate,  the  sum  of  £00  15s.  l^d.  to  be 
valued  as  aforesaid ;  and  that  the  heirs  and  legal  re]trcsentatives 
of  the  said  lchaV)od  have  distributed,  set  out  and  delivered  to 
them,  as  the  full  remains  of  the  portion  of  the  said  Ichabod  of 
his  said  father's  estate,  the  sum  of  £16  5s.  I'id.  to  be  valued 
and  computed  as  aforesaid.  And  it  is  hereljy  enacted,  de- 
creed and  ordered,  that  the  court  of  probate  for  tlit)  district 
of  Fairfield  do  order  the  distribution  of  said  estate  according 
to  this  act,  and  that  the  same  shall  l)e  a  final  distrilnition  and 
settlement  of  said  estate.  And  it  is  hereby  further  resolved 
and  enacted,  that  the  adjustment  of  petitioner's  account  and 
order  of  distribution  by  said  court  of  probate  referred  to  in 
the  said  petition,  and  also  the  said  judgment  of  the  superior 
court,  lie  and  the  same  are  hereby  reversed,  set  aside  and  made 
null  and  void. 

Upon  the  memorial  of  Abigail  Scofield,  administratrix  on 
the  estate  of  Reuben  Scofleld  late  of  Stamford,  deceased, 
shewing  to  this  Assembly  that  there  have  appeared  more  debts 
to  ])G  due  from  the  estate  of  said  deceased  (since  the  grant  of 
the  Grcneral  Assembly  to  sell  land  to  jiay  the  dclits  of  said  de- 
ceased) to  the  amount  of  fifteen  }iounds  lawful  money,  which 
she  hath  nothing  in  her  hands  to  answer;  praying  to  be  im- 
powercd  to  sell  so  much  of  the  real  estate  of  said  deceased  as 


1760.]  OF    CONNECTICUT.  451 

shall  be  sufficient  to  pay  said  sum  with  incident  charges  <fec. 
as  per  memorial  on  file:  Resolved  by  this  Assembly,  that  the 
said  Abigail  Scofield  be  im]>owered  and  she  is  hereby  im- 
]iowered,  to  sell  so  much  of  the  real  estate  of  said  deceased  as 
shall  be  sufficient  to  pay  said  sum  and  the  incident  charges; 
taking  the  direction  of  the  court  of  probates  in  the  district  of 
Stamford  therein. 

Upon  tlie  memorial  of  Josiah  Brounson  and  others  living 
within  these  limits  and  boundaries,  r'«2:  beginning  at  West- 
Imry  original  bounds  the  southwest  corner,  then  running  one 
mile  west,  then  running  southwardly  to  the  Eight  Mile  Brook 
where  it  runs  out  of  the  pond,  then  running  down  the  brook 
to  where  the  broolv  runs  into  Israel  Curtises  lot  of  mowing 
meadow  land,  then  running  eastwardly  to  the  end  of  the  lane 
by  Eliphalet  Bristol's,  including  said  Bristol,  tlien  running  in 
said  lane  to  Lt.  Samuel  Wlieeler's,  then  running  by  the  said 
line  Ijctween  Waterbui-y  and  Derby  to  a  turn  of  the  line  on 
Twelve  Mile  Hill,  then  running  to  the  saw-mill  on  Hop  Brook, 
then  to  tlie  west  side  of  a  large  rock  with  a  number  of  pine 
trees  on  it  east  of  Ebenezer  Richardson's,  then  to  where  the 
road  from  Derby  to  Westbury  enters  Westbury  bounds,  and 
from  thence  by  Westliury  line  to  the  first  bounds,  (excepting 
Ebenezer  Porter,)  representing  to  this  Assembly  the  great 
distance  they  live  from  the  resitective  }»laces  of  puldic  wor- 
ship to  whicli  they  belong,  and  the  inconveniencies  tliey  labor 
[324]  under  from  ||  the  badness  of  the  roads  &c.,  praying 
for  liberty  to  hire  an  orthodox  preacher  among  them  for  four 
months  in  the  year  &c.,  as  ])er  memorial  on  file  tfec:  Re- 
solved Ijy  this  Assembly,  that  the  memorialists  be  allowed, 
and  lil)erty  is  hereby  granted  to  them,  to  liire  an  orthodox 
preacher  of  the  gospel  to  officiate  among  them  for  the  space 
of  fom-  months  in  the  year,  viz:  from  the  first  day  of  Decem- 
ber till  the  last  day  of  March  annually  for  the  term  of  three 
years  now  next  ensuing,  and  are  hereby  impowered  to  tax 
themselves  and  levy  and  collect  such  taxes  as  they  sliall 
agree  upon  for  the  purposes  aforesaid  in  due  form  of  law. 
And  the  memorialists  and  all  dwelling  within  the  limits  afore- 
said are,  during  the  term  aforesaid  and  their  so  hiring  preacli- 
ing  as  aforesaid,  hereby  exempted  from  paying  any  taxes  for 
the  support  of  the  ministry  in  the  respective  parishes  to  which 
they  severally  belong,  and  shall  have  and  enjoy  all  the  |)owers 
&c.  which  are  usual  in  cases  where  this  priviledge  has  been 
before  granted  in  this  Colony.* 

*  Incorporated  as  an  ecclesiastical  society  by  the  name  of  Middlebury,  Decern 
ber,  1790,  and  as  a  town,  October,  1807. 


452  PUBLIC    RECORDS  [Oct. 

Upon  the  memorial  of  Vans  Kelly  Mully,  shewing  that  he 
was  at  the  superior  court  holden  at  Fairfield  on  the  last  Tues- 
day save  one  in  August  last,  by  vei'dict  of  the  jury  found 
guilty  and  judgment  of  said  court  sentenced  to  suffer  death 
for  committing  a  rape  on  the  body  of  one  Amy  Palmer  of 
Greenwich  in  said  county;  that  he  has  been  unhappily 
brought  up  in  gross  and  dangerous  ignorance,  so  that  tho'  he 
is  not  insensible  of  his  heinous  guilt,  the  ground  of  his  said 
condemnation,  yet  was  in  no  wise  aware  the  penalty  thereof 
was  indeed  capital,  and  that  tho'  fairly  and  justly  try'd  and 
condemmed,  yet  he  hopes  that  regard  being  had  to  the  singu- 
lar difficulties  attending  the  proof  of  some  of  the  facts  con- 
stituting such  crime  in  general  as  well  as  to  the  certain  cir- 
cumstances (not  in  view  at  said  trial)  but  now  humbly  sub- 
mitted to  consideration,  some  mitigation  of  his  punishment 
may  not  be  deemed  inconsistent  with  the  honour  and  wisdom 
of  the  law;  and  accordingly  praying  the  mercy  and  commis- 
eration of  this  Assembly  in  that  regard  &c.:  Resolved  by  this 
Assembly,  that  the  said  Vanskelly  Mully  be  reprieved  and  he 
hereby  is  reprieved  from  the  said  judgment  and  sentence  by 
said  superior  court  past  upon  him ;  and  that  in  lieu  of  the 
pains  of  death  and  said  condemnation  to  suffer  the  same  he, 
the  said  Vanskilly  Mulley,  be  sometime  between  the  hours  of 
ten  of  the  clock  in  the  forenoon  and  three  in  the  afternoon 
of  the  fourth  day  of  November  next  be  had  forth  of  the  com- 
mon goal  where  he  now  is  to  some  convenient  place  for  execu- 
tion and  be  there  caused  to  sit  openly  on  tlie  gallows,  for 
such  purpose  to  be  erected,  with  an  halter  about  his  neck 
visibly  hanging  down  beside  his  body  for  and  during  the  full 
space  of  one  hour,  and  that  he  be  thereupon  forthwith  whipt 
to  the  immber  of  thirty-nine  stripes  on  his  naked  body,  and 
then  liave  his  right  ear  nail'd  to  a  post  and  cut  otf,  and  that 
he  be  then  again  committed  to  the  said  goal,  and  there 
in  safe  custody  held  until  the  25th  day  of  November,  and 
that  he,  the  said  Van  Skilly  Mully,  be  then  further  whipt 
to  the  number  of  thirty-nine  stripes  on  the  naked  l)ody 
and  thereupon  recommitted  to  said  goal  and  there  be  in  safe 
custody  holden  until  he  be  by  public  order  carried  out  of  this 
government.  And  it  is  further  resolved  and  ordered,  that 
the  sheriff  of  tlie  county  of  Fairfield  carry  tliis  above  resolve 
into  execution,  and  tliat  an  attested  copy  hereof  be  his  lawful 
and  sufficient  warrant  to  tliat  purpose. 

On  tlie  memorial  of  John  Manning  of  Windham,  adminis- 
trator on  the  estate  of  the  late  Capt.  James  Brewster  of  said 
Windham,  deceased,  shewing  to  this  Assembly  that  the  debts 


1760.]  OF    CONNECTICUT.  453 

that  remain  due  from  said  estate  surmount  the  inventoried 
moveable  estate  and  the  money  raised  by  the  sale  of  land 
heretofore  ordered  by  this  Assembly  the  sum  of  X34  10s.  2d. 
lawful  money ;  praying  for  liberty  to  make  sale  of  so  much  of 
[3"25]  the  real  ||  estate  of  said  James  Brewster,  deceased,  as 
shall  raise  the  said  sum  of  £34  10s.  2d.  with  the  incident 
charges  arising  thereby :  Resolved  by  this  Assembly,  that  the 
memorialist  have  liberty,  and  liberty  is  hereby  granted  to  liim, 
to  make  sale  of  so  much  of  the  real  estate  of  said  James 
Brewster,  deceased,  as  shall  raise  the  said  sum  of  £34  10s.  2d. 
lawful  money  with  the  incident  charges  arising  thereby ; 
taking  the  direction  of  the  court  of  proljate  for  the  district  of 
Windham  therein. 

Upon  the  memorial  of  Israel  BrcAvster  of  Coventry,  shewing 
to  this  Assembly  that  in  the  month  of  August  last  he  lost  a 
forty-shilling  bill  emitted  on  the  credit  of  this  Colony  on  the 
13th  of  March  1760  ;  that  said  bill  by  wet  &c.  became  wholly 
obliterated  and  unlit  for  service  ;  praying  for  payment  of  that 
sum  out  of  the  treasury  &c.,  as  per  memorial  on  lile  :  Resolved 
by  this  Assembly,  that  the  Treasurer  of  this  Colony  ]»ay  out 
of  the  })ublic  treasury  of  the  same  to  the  said  Israel  Brewster 
the  sum  of  forty  shillings  in  bills  of  credit  on  this  Colony  with 
the  interest  arisen  since  said  13th  of  March  1760,  taking  liis 
receipt  for  the  same. 

Upon  the  memorial  of  Solomon  Bullard,  of  Walpole  in  the 
Province  of  the  Massachusets  Bay,  administrator  on  the  estate 
of  Ezra  Moss  late  of  said  Walpole,  deceased,  shewing  to  this  As- 
sembly that  the  debts  and  charges  of  administration  due  from 
the  estate  of  said  deceased  as  allowed  by  the  two  courts  of 
probate,  one  in  the  county  of  Sutfolk  in  tlie  said  Province  of 
the  Massachusets  Bay,  the  other  in  the  district  of  Plainfield 
in  the  Colony  of  Connecticut,  exceed  the  personal  estate  of  the 
said  deceased  the  sum  of  forty-two  pounds  five  shillings  and 
five  pence,  and  that  the  said  deceased  had  real  estate  lying  in 
Killingly  in  the  aforesaid  district  of  Plainfield  and  Colony  of 
Connecticut  inventoried  at  thirty-nine  pounds  three  shillings, 
and  exhibited  in  said  court  of  jn'obate  for  the  district  of  Plain- 
field  ;  and  the  memorialist  praying  that  he  or  some  other  meet 
person  might  have  liberty  to  sell  the  whole  of  said  real  estate 
or  so  much  thereof  as  might  be  sufficient  to  procure  the  said 
sum  of  £42  6s.  5d.  Avith  the  incident  charges  &c.:  Resolved 
by  this  Assem])ly,  that  Mr.  Boaz  Sterns  of  said  Killingly  be 
impowered  and  hath  liberty  to  sell  so  much  of  said  real  estate 
as  may  be  sufficient  to  procure  the  said  sum  of  .£42  5s.  5d. 
with  the  incident  charges  arising  thereon  ;  taking  the  direc- 


454  PUBLIC    RECORDS  [Oct. 

tion  of  the  court  of  probate  for  the    district  of    Plainfield 
therein. 

Upon  the  memorial  of  Nathaniel  Gidings,  of  Norwich  in 
New  London  county,  representing  to  this  Assembly  that  the 
memorialist  together  Avith  William  Witter,  Esq^  and  Capt. 
Nathaniel  Backus,  incouraged  by  sundry  subscriptions  under- 
took to  build  a  cart-bridge  across  Schotucket  River  in  said 
Norwich,  and  that  the  memorialist  in  company  with  William 
Witter,  Esqi",  and  Nathaniel  Backus,  hath  erected  and  com- 
pleated  a  good,  sufficient  and  compleat  cart-bridge  across  said 
river,  and  that  the  monies  subscrilied  for  the  encouragement 
of  the  undertakers  was  not  sufficient  to  pay  the  cost  of  build- 
ing said  bridge  by  the  sum  of  thirty-six  pounds  lawful  money, 
which  tlie  memorialist  hath  paid  out  of  his  own  estate,  and 
prays  tliat  he  may  have  liberty  to  demand  and  take  toll  of 
such  persons,  and  such  only,  as  have  never  paid  any  sum 
towards  the  erecting  said  bridge,  whenever  they  shall 
pass  over  said  bridge,  until  he  shall  have  collected  the  afore- 
said sum  of  thirty-six  pounds  with  two  years  interest  thereon, 
as  l)y  memorial  on  file  :  Resolved  by  this  Assembly,  that  the 
memorialist  be  impowered  and  he  is  hereby  impowered,  to 
demand  and  take  toll  at  said  bridge  from  all  persons  crossing 
the  same,  (except  such  as  have  heretofore  paid  towards  erect- 
[826]  ing  said  l)ridge,)  at  the  following  rates  m2:  four  pence  || 
for  every  man,  horse  and  load  ;  two  pence  for  each  single  man 
or  led  horse,  and  two  i)ence  for  each  ox  or  other  neat  kine, 
and  one  penny  for  every  hog  or  sheep,  and  eight  pence  for 
each  team  and  cart,  for  the  space  of  two  years  and  no  longer. 

Upon  the  memorial  of  Eunice  Morehouse,  executrix  of  the 
last  will  and  testament  of  Ephraim  Morehouse  late  of  Fair- 
field, deceased,  shewing  to  this  Assembly  that  the  debts  due 
from  the  estate  of  the  said  deceased  with  an  allowance  of 
necessaries  to  his  widow  surmount  his  moveable  estate  the 
sum  of  XT)!  9s.  Sd.  lawful  money,  for  the  payment  whereof  the 
said  Ephraim  liath  made  no  provision  in  his  will  by  order- 
ing tlie  sale  of  any  part  of  his  real  estate  ;  and  praying  that  she 
or  some  other  meet  person  may  have  lilierty  to  sell  so  nuich 
of  the  real  estate  of  the  said  deceased  Ephraim  Morehouse  as 
will  pay  said  sum  with  incident  charges  arising  on  such  sale 
&c.:  Resolved  by  this  Assembly,  that  the  said  Eunice  More- 
house and  David  Wheeler  jun''  have  liberty,  and  they  are 
hereljy  impowered,  to  sell  so  much  of  the  real  estate  of  the 
said  Ephraim  Morehouse  as  will  Itc  sufficient  to  pay  and  sat- 
isfy said  sum  of  ,£51  9s.  8*^.  with  the  incident  charges  arisijig 
on  such  sale;  taking  directions  of  the  court  of  probate  in  the 
district  of  Fairfield  therein. 


1760.]  OF    CONNECTICUT.  455 

Upon  the  memorial  of  Samuel  Sherwood  of  Fairfield,  admin- 
istrator on  the  estate  of  Joshua  Pishrow  late  of  said  Fairfield, 
deceased,  shewing  to  this  Assembly  that  the  debts  due  from 
the  estate  of  said  deceased  surmount  his,  tlie  said  deceased's, 
moveable  estate  the  sum  of  £'28  os.  Sd.  lawful  money,  and 
praying  for  liberty  to  sell  so  nuich  of  the  said  deceased's  real 
estate  as  will  be  suliticient  to  pay  said  sum  with  incident 
charges  arising  on  such  sale  :  Resolved  by  this  Assembly,  that 
the  said  Sanuiel  Sherwood  have  lil)erty  and  he  is  hereby  im- 
powered,  to  sell  so  much  of  the  said  deceased  Joshua  Disbrow's 
real  estate  as  will  pay  and  satisfy  said  sum  of  £28  3s.  Sd. 
with  the  incident  charges  arising  on  such  sale ;  taking  direc- 
tions of  the  court  of  probate  in  the  district  of  Fairfield 
therein. 

Upon  the  memorial  of  John  Perkins  and  others,  inlial)itaiits 
of  the  parish  of  Newent  in  Norwich,  and  others  inhabitants  of 
Canteriiury,  and  others  inhalntants  of  the  parish  of  Scotland 
in  Windham,  praying  to  this  Assembly  that  they  may  be  made 
one  intire  ecclesiastical  society  with  the  same  })owers  and 
priviledges  as  other  societies  in  this  Colony  have,  and  in  order 
thereto  praying  for  a  committee  to  be  appointed  to  repair  to 
and  view  the  circumstances  of  the  memorialists  and  the  socie- 
ties to  which  they  belong,  at  the  cost  of  the  memorialists,  and 
make  report  to  this  Assembly  at  their  next  sessions  thereon 
&G.:  Resolved  by  this  Assembly,  that  Messrs.  Brastus  Wol- 
cott,  Esq"",  of  Windsor,  William  Pitkin  juii'",  Esqs  and  Mr. 
Boaz  Sterns  be  a  committee,  and  they  are  hereby  appointed  a 
committee,  (at  the  cost  of  the  memorialists,)  to  repair  to  the 
said  parish  of  Ncwcnt,  view  the  circumstances  of  the  memori- 
alists with  the  parishes  to  which  they  severally  belong,  and 
hear  all  parties  concerned  in  the  premises,  and  to  report  their 
opinion  (as  to  the  expediency  of  making  a  society  as  prayed 
for)  to  the  General  Assembly  to  be  held  at  Hartford  in  May 
next. 

Upon  the  memorial  of  Samuel  Trowbridge  of  New  Fairfield, 
executor  of  the  last  will  and  testament  of  Caleb  Trowliridge 
late  of  New  Fairfield  aforesaid,  deceased,  shewing  to  this  As- 
seml)ly  that  the  debts  due  from  the  estate  of  said  deceased  sur- 
mount the  moveable  estate  of  said  deceased  and  the  value  of 
[327]  such  lands  as  in  and  by  said  will  ||  is  ordered  to  be  sold 
for  i)aymciit  of  debts  the  sum  of  <£24  Is.  SJcZ.,  and  praying 
for  liberty  to  sell  so  much  of  the  other  real  estate  of  said 
deceased  as  will  be  sufficient  to  pay  and  satisfy  said  sum  with 
incident  charges  &c.:  Resolved  by  this  Assembly,  that  the 
said  Samuel  Trowbridge  have  liberty,  and  he  is  hereby  im- 


456  PUBLIC     RECORDS  [Oct. 

powered,  to  sell  (over  and  above  the  land  ordered  by  said  will 
to  be  sold  as  aforesaid)  so  much  of  the  real  estate  of  the  said 
Caleb  Trowbridge  as  will  pay  the  sum  aforesaid  together  with 
the  incident  charges  arising  on  such  sale;  taking  directions 
of  the  court  of  }>rol)ate  in  the  district  of  Danbury  therein. 

On  the  nieniorial  of  Samuel  Richards  and  Hannah  Buck, 
administrators  on  the  estate  of  Pelatiah  Buck  junf,  late  of 
Weathersheld  in  the  district  of  Hartford,  deceased,  for  liberty 
for  sale  of  the  real  estate  of  the  said  deceased  to  the  amount 
of  £22  1*'.  'iki.  lawful  money  for  the  payment  of  debts  due  from 
said  estate  with  necessary  charge  of  sale  &c.,  as  per  memorial 
on  hie  :  Resolved  by  this  Assembly,  that  the  memoralists  have 
liberty  and  it  is  hereby  granted  to  them,  to  make  sale  of  so 
much  of  the  real  estate  of  the  said  Pelatiah  Buck  jun'',  as  will 
raise  the  sum  of  £22  Is.  ''3d.  lawful  money  with  incident 
charges  of  sale  ;  taking  the  advice  of  the  court  of  probate  in 
the  district  of  Hartford  therein. 

Upon  the  memorial  of  Archibald  Dixon  of  Lebanon,  repre- 
senting to  this  Assembly  that  his  dwelling-house  together 
with  almost  the  whole  of  his  household  furniture,  wearing- 
apparel,  provisions  &g.  were  consumed  by  fire  on  the  18tli 
day  of  August  last,  whereby  he  is  reduced  to  great  difficulty 
and  straits,  and  also  that  he  had  consumed  in  and  together 
with  said  house  fifteen  pounds  in  bills  of  credit  of  this  Colony, 
forty  shillings  of  which  was  emitted  in  August  1755,  four 
})ounds  in  the  year  1758  or  1759,  and  the  other  nine  pounds 
of  the  later  emissions ;  praying  that  in  consideration  of  his 
losses  as  aforesaid  his  Colony  rate  or  tax  which  will  become 
payable  in  the  month  of  December  next  may  be  released  and 
abated;  praying  also  that  the  said  bills  of  credit  lost  and  con- 
sumed as  aforesaid  may  be  paid  him  out  of  the  Colony 
treasury,  as  by  said  memorial  on  file:  Resolved  by  this  As- 
sembly, that  the  Treasurer  of  this  Colony  pay,  and  he  is  here- 
by ordered  to  pay,  unto  the  said  Dixon  out  of  the  public 
treasury  the  full  value  of  the  bills  of  said  Colony  lost  niid 
consumed  as  abovesaid,  that  is  to  say,  the  value  of  one  forty 
shilling  bill  emitted  in  August  1755,  four  pounds  emitted  in 
March  1759,  and  of  nine  pounds  emitted  by  order  of  this  As- 
semldy  in  March  1760,  all  in  bills  of  credit  of  this  Colony, 
taking  his  receipt  therefor. 

Upon  the  memorial  of  Peter  Smith,  Thomas  Hanford  and 
Ebenezer  Street,  all  of  Norwalk,  executors  of  the  last  will  and 
testament  of  Matthew  Smith  late  of  Norwalk,  deceased,  shew- 
ing to  this  Assembly  that  the  debts  due  fi-om  the  estate  of 
said  Matthew  Smith  surmount  the  moveable  estate  the  sum  of 


1760.]  OF    CONNECTICUT.  467 

£100  7s.  Id.,  and  the  said  deceased  hath  made  no  provision 
in  his  said  will  to  pay  and  satisfy  said  debts  by  the  sale  of 
lands;  praying  this  Assembly  for  liberty  to  sell  lands  &c.: 
Resolved  by  this  Assembly,  that  the  memorialists  have  liberty 
and  liberty  is  hereby  granted,  to  make  sale  of  so  much  of  the 
real  estate  of  said  deceased  as  to  pay  and  satisfy  said  sum  of 
<£100  7s.  7c?.  with  the  incident  chrrges  arising  thei-eon;  tak- 
ing the  advice  of  the  court  of  probate  in  the  district  of  Fair- 
field therein. 

[328]  Upon  tlie  memorial  of  John  Northrop  and  John 
Benedict,  l)otli  of  Ridgfield  in  Fairfield  county,  executors  of 
the  last  will  and  testament  of  Samuel  Brown  late  of  said 
Ridgfield,  deceased,  representing  to  this  Assembly  that  the 
said  Samuel  Brown  made  his  last  will  and  testament  bearing 
date  May  1st,  1760,  therein  willed  and  oi'dered  that  his  debts 
and  funeral  charges  should  be  paid  out  of  his  estate,  and  that 
so  much  of  his  lands  should  be  sold  as  should  be  sufficient  to 
pay  such  del)ts  and  charges  (fee;  praying  that  the  said  John 
Northrop  and  John  Benedict,  or  some  other  suitalile  person, 
might  be  authorized  and  impowered  to  make  sale  of  so  much 
of  the  lands  of  said  Samuel,  deceased,  as  shall  be  sufficient  to 
pay  and  answer  such  debts  and  charges,  as  per  memorial  on 
file:  Resolved  l)y  this  Assembly,  that  the  said  John  Northrop 
and  John  Benedict  be  authorized  and  impowered,  and  they 
are  hereby  authorized  and  impowered,  to  make  sale  of  so 
much  of  the  lands  of  the  said  Samuel,  deceased,  as  shall  be 
sufficient  to  satisfy  and  answer  the  debts  and  charges  as  afore- 
said agreeal^le  to  said  will  of  said  deceased ;  taking  direc- 
tion of  the  court  of  proljates  in  the  district  of  Danbury 
therein. 

Upon  the  memorial  of  Rachel  Bunnil,  administratrix  on 
the  estate  of  Parmenas  Bunnil  late  of  Wallingford,  deceast, 
shewing  to  this  Assembly  that  the  del)ts  due  from  said  de- 
ceased's estate  surmount  the  moveable  part  of  said  estate  the 
sum  of  X16  Os.  8d.  lawful  money,  and  praying  for  liberty  to 
sell  so  much  of  the  real  estate  of  the  said  deceast  as  to  en- 
able her  to  pay  said  sum  with  the  incident  charges  arising  on 
the  sale  of  said  lands  <fec.:  Resolved  by  this  Assembly,  that 
said  administratrix  have  lil)erty  to  make  sale  of  so  much  of 
the  I'eal  estate  of  said  deceast,  at  the  direction  of  the  court  of 
probate  in  New  Haven  district,  as  to  enable  her  to  pay  said 
sum  with  the  incident  charges  arising  on  the  sale  of  said 
lands. 

Upon  the  memoiial  of  Joseph  Comstock,  administrator  on 
the  estate  of  John  Comstock  late  of  East  Haddam,  deceased, 

58 


458  PUBLIC    RECORDS  [Oct. 

shewing  to  this  Assembly  that  the  debts  and  charges  due  from 
said  deceased's  estate  surmount  the  personal  estate  of  said 
deceased  the  sum  of  £108  4s.  4:ld.  lawful  money,  and  praying 
for  liberty  to  sell  so  much  of  the  real  estate  of  said  deceased 
as  shall  be  sufficient  to  raise  said  sum  with  the  incident 
charges  arising  tliereon  :  Resolved  by  this  Assembly,  that  the 
said  Joseph  Comstock  have  liberty,  and  liberty  is  hereby 
granted  to  him,  to  sell  so  much  of  the  real  estate  of  said  de- 
ceased as  shall  be  sufficient  to  raise  said  sum  with  the  inci- 
dent charges  arising  thereon :  taking  the  direction  of  the  court 
of  probate  in  the  district  of  East  Haddam  therein. 

Upon  the  memorial  of  Temperance  Butler,  of  Saybrook  in 
New  London  county,  administratrix  on  the  estate  of  Jonathan 
Butler  late  of  said  Saj^^brook,  deceased,  representing  to  this 
Assembly  that  the  debts  due  from  the  estate  of  said  deceased 
together  with  charges  of  administration  and  necessaries 
allowed  the  widow  &c.  surmount  the  inventory  of  the  per- 
sonal estate  of  said  deceased  the  sum  of  <£88  6s.  5d;  praying 
that  this  Assemlily  would  grant  to  said  memorialist  liberty  to 
make  sale  of  so  much  of  the  real  estate  of  said  deceased 
[329]  as  shall  be  ||  sufficient  to  raise  said  sum  with  the  inci- 
dent charges  of  sale,  and  that  Mr.  Daniel  Buckingbam  of  said 
Saybrook  and  the  memorialist,  or  either  of  tliem,  may  be  ap- 
pointed for  that  purpose:  Resolved  by  this  Assemlily,  that  the 
memorialist  have  liberty  to  make  sale  of  so  much  of  the  real 
estate  of  said  deceased  as  shall  be  sufficient  to  raise  said  sum 
of  £88  6s.  od.  with  the  incident  charges  of  sale,  and  the  me- 
morialist and  Mr.  Daniel  Buckingham  of  said  Saybrook,  or 
either  of  them,  are  hereljy  appointed  to  make  sale  thereof; 
taking  the  direction  of  the  court  of  probate  for  the  district  of 
Guilford  therein. 

Upon  the  memorial  of  Stiles  Stephens,  administrator  on  the 
estate  of  William  Welman  late  of  Killingworth,  deceased, 
shewing  to  this  Assembly  that  the  debts  due  from  said  estate 
surmount  the  moveable  inventoried  estate  and  charges  allowed 
the  sum  of  £25  2s.  Sd.;  praying  this  Assembly  to  grant  lib- 
erty to  the  memorialist,  or  some  other  suitable  person,  to 
make  sale  of  so  much  of  the  real  estate  of  said  deceased  as 
to  make  said  sum:  Resolved  by  this  Assembly,  that  said 
Stiles  Stephens  have  liberty  and  he  is  hereby  impowered,  to 
sell  so  much  of  said  real  estate  as  to  raise  the  sum  of  £25 
2s.  8(7.  with  incident  charges;  taking  the  direction  of  the 
court  of  probates  in  the  district  of  Guilford  therein. 

Upon  the  memorial  of  Elizabeth  Whittlesey  2d  and  Am- 
brose Whittlesey,  both  of  Saybrook  in  the  county  of  New 


1760.]  OF    CONNECTICUT.  459 

London,  administrators  on  the  estate  of  Ambrose  Whittlesey, 
Esq"",  late  of  said  Sayhrook,  deceased,  representing  to  this 
Assembly  that  in  May  1758,  the  debts  due  from  the  estate  of 
said  deceased  surmounted  the  personal  estate  of  said  deceased 
a  considerable  sum,  and  that  the  General  Assembly  held  at 
Hartford  on  the  lM  Thursday  of  May  1758,  the  memorialists 
made  application  to  said  Assembly  for  liberty  to  sell  so  much 
of  the  real  estate  of  said  deceased  as  should  be  sufficient  to 
discharge  said  sum  that  said  del)t,s  surmounted  said  pei'sonal 
estate,  and  that  liberty  was  granted  accordingly,  and  so  much 
of  said  real  estate  was  then  sold  as  was  sufficient  to  answer 
the  purpose  aforesaid,  and  tliat  since  that  time  there  have 
debts  appeared  to  be  due  from  said  estate  to  the  amount  of 
<£40  2s.  i<ld.  lawful  money,  wliich  the  memorialists  then  had 
no  notice  of;  praying  for  liberty  to  sell  so  much  of  tlie  real 
estate  of  said  deceased  as  shall  be  sufficient  to  raise  said  sum 
with  the  charges  of  sale,  and  that  some  meet  person  may  be 
appointed  to  do  the  same  &c.:  Resolved  by  this  Assembly, 
that  so  much  of  the  real  estate  of  said  deceased  he  sold  as 
shall  be  sufficient  to  raise  said  sum  of  X40  2s.  8^d.  lawful 
money  together  with  the  incident  charges  arising  on  such  sale; 
and  Hezekiah  Whittlesey,  Esq'",  of  said  Saybrook,  is  appoint- 
ed by  this  Assembly  to  make  sale  thereof,  taking  the  direc 
tions  of  the  court  of  probate  for  the  district  of  Guilford 
therein. 

Whereas  upon  the  memorial  of  Charles  King  and  others, 
inhabitants  of  the  north  part  the  town  of  Bolton  and  the  east 
part  of  the  second  society  in  Windsor,  representing  to  the 
Assembly  in  May  last  the  great  inconveuiencies  they  are 
under  ui  attending  the  public  worship  of  God  in  the  societies 
to  which  they  respectively  belong,  praying  to  be  made  into  a 
distinct  ecclesiastical  society  that  they  may  support  the  gos- 
pel among  themselves  cfec,  the  said  Assembly  in  May  last 
thereon  did  appoint  a  committee  to  repair  to  said  new  pro- 
posed society,  to  view  the  situation  and  circumstances  thereof 
and  all  matters  relative  thereto  &c.,  and  report  their  opinion 
thereon  to  this  Assembly  &c. :  And  whereas  said  committee 
have  now  made  their  re})ort,  tluit  they  are  of  opinion  that  it 
is  very  needful  that  tliere  should  be  made  a  distinct  ecclesias- 
tical society,  and  most  fitting  and  best  that  the  bounds  and 
limits  thereof  be  as  pi-ayed  for,  as  per  report  on  tile  &c.,  which 
report  this  Assembly  having  approved  and  accepted  of :  It  is 
thereon  resolved  and  enacted,  that  the  inhabitants  of  the 
north  part  of  the  town  of  Bolton  and  the  east  part  of  the  town 
of  Windsor  living  within  the  limits  and  bounds  hereafter 


460  PtTBLiC    RECORDS  [Oct. 

mentioned  be  and  hereby  are  made  into  a  distinct  ecclesiasti- 
[330]  cal  society  by  the  name  of  tlie  society  of  ||  North  Bol- 
ton, *  and  have  and  enjoy  all  the  powers  and  priviledges  of 
other  ecclesiastical  societies  in  this  Colony,  and  that  the 
bounds  and  limits  thereof  be  as  followeth,  viz:  Beginning  on 
Bolton  east  line  at  five  miles  distance  from  Bolton  southeast 
corner,  thence  running  northerly  in  said  line  betwixt  the 
towns  of  Coventry  and  Tolland  on  the  east  and  Bolton  on  the 
west  to  Bolton  northeast  corner,  thence  turning  westward  in 
the  line  betwixt  Bolton  and  Ellington  to  Bolton  northwest 
corner,  and  still  continuing  the  same  course  into  Ellington 
about  a  mile  and  half  and  forty  rods,  thence  turning  and  run- 
ning southwardly  at  the  west  end  of  the  second  tier  of  lots  to 
Hartford  line,  thence  turning  eastward  in  said  line  to  Bolton 
or  the  T  ditch,  thence  turning  southwardly  one  mile  in  the 
line  betwixt  the  towns  of  Hartford  and  Bolton,  thence  east- 
ward to  the  first  mentioned  bounds. 

Upon  the  memorial  of  Daniel  Smith,  administrator  on  the 
estate  of  Simon  Smith  late  of  New  London,  deceased,  shewing 
that  the  debts  due  from  the  estate  of  said  deceased  surmount 
the  personal  estate  of  said  deceased  the  sum  of  X130  6s.  9d.; 
praying  liberty  to  sell  so  much  of  the  real  estate  of  said 
deceased  as  shall  pay  said  sum  with  the  incident  charges 
arising  on  said  sale  &c. :  Resolved  by  this  Assembly,  that 
liberty  be  granted  and  liberty  is  hereby  granted  to  the  said 
Daniel  Smith,  to  sell  so  much  of  the  real  estate  of  said  de- 
ceased as  may  raise  and  pay  said  sum  and  charge ;  taking 
the  advice  and  direction  of  the  court  of  probate  for  the  dis- 
trict of  New  London  therein. 

Upon  the  memorial  of  the  second  society  in  Windsor,  rep- 
resenting to  this  Assembly  that  some  unhappy  difficulties 
have  arisen  relative  to  the  place  affixed  for  building  a  meet- 
ing-house in  said  society;  that  the  committee  who  affixed  the 
same  were  under  some  misapprehension  of  some  material 
facts  relative  thereto,  and  that  the  state  of  said  society  in 
some  respects  is  since  altered  &c. ;  praying  that  a  new  com- 
mittee might  be  appointed  to  affix  the  place  whereon  to  build 
a  meeting-house  in  said  society,  as  per  memorial  on  file: 
Resolved  by  this  Assembly,  that  Jonathan  Trumble,  Hezekiah 
Huntington  and  Jabez  Huntington,  Esq'%  be  and  they  are 
hereby  appointed  a  committee,  to  repair  to  said  second  society 
in  Windsor,  view  the  circumstances  thereof,  hear  all  parties 
concerned,  and  affix  the  place  whereon  to  build  a  meeting- 
house in  said  society,  and  make  report  of  their  doings  thereon 
to  this  Assembly  at  their  sessions  in  May  next. 

*  Incorporated  as  the  town  of  Vernon,  October,  1808. 


1760.]  OF    CONNECTICUT.  461 

Upon  tlie  memorial  of  the  inlia])itaiits  of  the  town  of  Plain- 
field  in  the  county  of  Windham,  shewing  to  this  Assembly 
that  a  considerable  numljer  of  the  memorialists  have  soberly 
differed  from  the  articles  of  discipline  of  the  estaldished 
church  in  said  town,  and  have  gathered  into  church  state 
agreeable  to  Cambridge  Platform,  built  a  meeting-house  and 
settled  a  minister  accordingly,  and  that  the  memorialists  have 
mutually  and  unanimously  agreed  to  be  two  distinct  societies, 
and  that  one  third  jjart  of  their  rateable  estate  be  exempted 
from  being  rated  for  the  supjjort  of  the  said  established 
church,  and  that  the  brethren  differing  as  abovesaid  have  the 
benefit  of  the  said  one  third  part  for  the  support  of  the  wor- 
ship of  God  amongst  them  annually,  exclusive  of  such  as  are 
freed  by  law,  as  Baptists,  Quakers  &c.,  and  that  the  other 
two  third  parts  be  continued  to  maintain  the  established 
worship  aforesaid  annually  :  this  Assembly  at  their  sessions 
[331]  in  May  last  appointed  a  committee  to  repair  to  the  said 
towns,  enquire  into  the  matters  contained  in  said  memorial, 
and  take  a  list  of  such  inhabitants  as  are  desirous  to  be  made 
a  new  society,  and  make  a  particular  representation  of  the 
method  of  setting  off  and  constituting  such  new  society ;  who 
have  reported  accordingly  with  their  opinion  thereon,  as  per 
the  memorial  and  report  on  file  appears:  It  is  resolved  by 
this  Assembly,  that  Thomas  Pierce,  John  Douglas,  Ezekiel 
Pierce,  Isaac  Coit,  James  How,  Isaac  Shepard,Uohn  Welch, 
-Thomas  Gallop,  Joseph  Spaulding,  Robert  Washborn,  Joseph 
Shepard,  Andrew  Backus,  Gideon  Bingham,  Edward  Spauld- 
ing, William  Cutler,  John  How,  Simon  Shepard,  Andrew 
Spaulding  jun"",  Curtis  Spaulding,  widow  \Sarah  Welch,  Na- 
thaniel Pierce  jun"",  Abel  Spaulding,  Josiah  Shepard,  Edward 
Evans,M^homas  Welch,  widow  Hannah  Marsh,  Jesse  Spauld- 
ing, John  Stevens,  Reuben  Shepard,  Jonathan  Parkhurst, ' 
Isaac  Marsh,  Samuel  Wheeler,  Ozias  Gallop,  Moses  Barnet, 
John  Spaulding,  Nathaniel  Marsh,  Isaac  Wheeler  junf,  Wil- 
liam Park  junr,  Ephraim  Spaulding,  Nehemiah  Park,  William 
Park,  Ebenezer  Cole,  Reuben  Gerrald,  Ephraim  Wheeler, 
Azariah  Spaulding,  Joseph  Kinsley,  Samuel  Parkhurst,  Rich- 
ard Lovejoy,  Jonas  Shepard,  David  Parkhurst,  William 
Stevens,  Jonas  How,  Jonas  Wheeler,  Timothy  Peirce,  John 
Pierce,  Nathaniel  Main,  Timothy  Parkhurst  jun"",  Abijah 
Dean,  Eleazer  Spaulding  juni",  William  Boyd,  Jabez  Park- 
hurst, Tilley  Parkhurst,  Joshua  Dunlap,  Ebenezer  Kingsbury, 
Lemuel  Pierce,  Thomas  How,  John  Wilson,  Nathaniel  Dean, 
James  Kingsbury,  Thomas  Stevens,  William  Williams,  Nehe- 
miah Stevens,  Lemuel  Parkhurst,  widow  Lydia  Stevens,  Jesse 
Spaulding  jun'',  widow  Ruth   Gerrald,  John  Douglas  jun'', 


462  PUBLIC    RECORDS  [Oct. 

Doct.  Ebenezer  Robinson,  John  Spaulding  iun^  Jacob  Spauld- 
ing,  Samuel  Parkhurst  jun'",  Charles  Spaulding,  Ezekiel 
Spaulding,  Rosewell  Stevens,  and  Sandy  Negro,  persons  who 
are  inliabitants  of  and  live  witliin  the  limits  of  said  town  of 
Plainfield,  be  constituted  and  made  a  distinct  ecclesiastical 
society,  with  all  such  powers,  authorities  and  priviledges  as 
other  ecclesiastical  societies  in  this  government  are  vested 
with ;  and  the  meeting-house  in  which  the  aforenamed  ])ersons 
have  been  accustomed  to  meet  for  puV)lic  worship  be  estab- 
lished for  that  use  and  purpose  among  them:  Provided  never- 
theless, that  whatever  money  remains  due  to  the  Rev"!  Mr. 
David  Rowland,  minister  in  said  town,  for  his  salary  to  this 
present  time,  be  paid  by  the  inhabitants  in  said  town  as  before 
this  division;  that  this  now  newly  erected  society  take  benefit 
of  only  one  third  part  of  the  polls  and  rateable  estate  of  said 
town  for  the  support  of  the  worship  of  God  among  them,  and 
that  the  other,  or  first,  society  in  said  town  take  benefit  of 
the  two  third  parts  of  the  polls  and  rateable  estate  of  said 
town  for  the  support  of  the  public  worship  of  God  among 
them,  and  that  when  it  happens  that  the  polls  and  rateable 
estate  of  the  members  of  this  new  erected,  or  second,  society 
in  said  town  shall  be,  as  it  now  is,  more  than  one  third  part 
of  the  whole  town  (exclusive  of  such  as  are  freed  by  law,  as 
Baptists,  Quakers  &c.)  that  then  and  in  that  case  the  first 
society  in  said  town  shall  compute  a  tax  on  two-thirds  of  the 
rateal)le  estate  of  said  town,  (exclusive  of  such  as  are  freed 
by  law,  as  aforesaid,)  sufficient  to  raise  the  sum  agreed  on  in 
said  first  society  annually,  and  lay  the  same  on  themselves, 
and  what  they,  the  members  of  said  first  society,  fall  short  of 
being  two  third  parts  of  the  polls  and  rateable  estate,  and 
thereby  the  tax  falls  short  of  raising  the  whole  money 
granted  or  that  may  be  hereafter  granted  for  the  settlement 
[832]  or  II  salary  of  the  minister  of  said  first  society,  or  for 
erecting  or  repairing  the  meeting-house  among  them,  the 
committee  of  the  said  first  society  shall  certify  to  the  com- 
mittee of  said  second  society,  or  some  princii)al  members  of 
said  second  society,  the  sum  which  by  such  comj^utation 
appears  to  be  wanted  to  make  the  sum  granted  by  said  first 
society  as  tho'  the  same  was  two  third  parts  of  the  polls  and 
rateable  estate  of  the  inhabitants  of  said  town,  and  thereupon 
the  committee  of  the  said  second  society  are  hereby  impowered 
to  make  and  collect  a  tax  on  the  inhabitants  of  said  second 
society  for  the  same,  or  by  some  other  way  or  means  make 
up  such  sum  wanted  as  aforesaid,  and  pay  the  same  to  the 
committee  of  the  first  society  for  the  use  of  said  society;  and 
this  to  be  done  annually.    And  in  case  the  said  second  society 


I 


1760.]  OP    CONNECTICUT.  463 

shall  neglect  or  refuse  to  pay  the  same  to  said  first  society 
for  more  than  one  year  after  the  same  is  requested  and  de- 
manded of  them,  the  said  second  society  shall  be  deemed  to 
forfeit  and  tliereby  shall  forfeit  the  powers,  authorities  and 
priviledges  hereby  granted  to  them  of  being  a  distinct  ecclesi- 
astical society,  and  be  subjected  to  the  taxes  laid  in  said  first 
society  as  before  the  making  of  this  act.  And  also,  that  all 
such  as  come  from  other  places  to  settle  in  the  limits  of  said 
town  shall  have  liberty  to  joyn  to  which  they  please  of  said 
societies,  and  in  case  of  non-election  entred  with  the  town- 
clerk  within  one  year,  they  shall  belong  to  the  first  society. 
And  each  person  within  said  town  that  is  within  the  age  of 
twenty-one  years  shall  have  liberty  to  joyn  to  which  lie  pleases 
of  said  societies,  but  in  case  of  non-election  entred  with  tlie 
town-clerk  of  said  town  within  one  year  after  such  person 
comes  to  the  age  of  twenty-one  years,  shall  )>elong  to  said 
first  society. 

Whereas  the  trained  soldiers  living  within  the  limits  of 
Newbury  society  and  now  belonging  to  several  military  com- 
panies and  two  diflerent  regiments  are  desirous  to  be  formed 
into  a  distinct  company  &c.  :  Resolved  by  this  Assembly, 
that  the  soldiers  living  in  said  society  whose  names  are,  or  by 
law  ought  to  be,  entered  in  the  training-roll  of  any  military 
company  shall  be  made  and  formed  into  a  distinct  company 
or  trainband,  and  that  said  company  shall  belong  to  the  fourth 
regiment  of  militia  in  this  Colony.  And  the  colonel  or  chief 
officer  of  said  regiment  is  directed  to  take  care  that  said  com- 
pany be  formed  and  proper  officers  nominated. 

Upon  the  memorial  of  Matthew  Mitchel,  Aaron  Mallery, 
Seth  Preston,  etc.,  selectmen  in  and  for  the  town  of  Wood- 
bury, shewing  to  this  Assembly  that  sometime  in  September 
1757,  the  selectmen  of  said  Woodbury  by  and  with  the  ad- 
vice of  the  civil  autliority  of  said  Woodbury  took  one  Malachi 
Butler  of  said  Woodbury  with  his  family  and  estate  into  their 
hands,  he,  the  said  Butler,  through  idleness,  mismanagement 
and  bad  husbandry  being  then  in  a  likely  way  to  spend  all 
his  estate,  and  then  took  an  inventory  of  his  estate  which 
amounted  to  <£179,  one  hundred  of  which  is  real  estate,  and 
the  just  debts  then  due  from  said  estate  and  what  liath  since 
been  expended  for  his  support  amount  to  <£127  lis.  lid. 
lawful  money,  so  that  the  debts,  &c.,  surmount  the  moveable 
part  of  said  estate  the  sum  of  £-18  lis.  ll(^.,and  that  the  said 
Butler  yet  remains  under  circumstances  not  fit  to  have  the 
management  of  his  affairs ;  and  praying  to  this  Assembly  for 
liberty  to  sell  so  nuich  of  the  real  estate  of  the  said  Butler  as 


464  PUBLIC    "RECORDS  [Oct. 

to  make  said  £48  lis.  lid.  lawful  money  with  incident 
[338]  cliarges  :  ||  Resolved  by  this  Assembly,  that  the  said 
selectmen  have  liberty  and  liberty  is  hereby  granted  unto 
theni',  to  sell  so  much  of  the  real  estate  of  the  said  Butler  as 
to  make  said  sum  of  ,£48  lis.  lid.  lawful  money  together 
with  the  charges  arising  by  said  sale. 

On  the  memorial  of  Hezekiah  Tnttle  of  New  Haven,  ad- 
ministrator on  the  estate  of  Andrew  Tuttle  late  of  New  Haven, 
deceased,  shewing  that  the  debts,  &c.,  allowed  by  the  court  of 
probate  in  the  district  of  New  Haven  against  said  estate  sur- 
mount the  whole  moveable  inventoried  estate  X58  10s.  8^d. 
and  that  he  has  nothing  in  his  hands  to  pay  the  same  &c. ; 
praying  to  be  impowered  to  sell  so  much  of  the  real  estate  of 
the  said  deceased  as  shall  enable  him  to  pay  said  sum  and 
incident  charges,  as  per  memorial  on  file  :  Resolved  by  this 
Assembly,  that  the  said  Hezekiali  Tuttle  be  impowered,  and 
he  is  hereby  impowered,  to  make  sale  of  so  much  of  the  real 
estate  of  the  said  deceased  as  shall  raise  tlie  sum  of  <£58  10s. 
8^^.  lawful  money,  and  a  further  sum  sufficient  to  pay  the 
incident  charges  of  such  sale ;  taking  the  direction  of  the  court 
of  probate  in  the  district  of  New  Haven  therein. 

On  the  memorial  of  Elnathan  Chatfield,  administrator  on 
the  estate  of  Levi  Chatfield  late  of  Derby,  deceased,  shewing 
to  this  Assembly  that  the  debts,  &c.,  allowed  l»y  the  court  of 
probate  against  said  estate  surmount  the  whole  moveal)le 
inventoried  estate  £8  9s.  l^d.  and  that  he  has  nothing  in  his 
hands  to  pay  the  same,  and  praying  for  liberty  to  sell  so 
much  real  estate  of  the  said  deceased  as  to  pay  said  sum 
and  incident  charges,  as  per  memorial  on  file  :  Resolved  by 
this  Asseml)ly,  that  the  said  Elnathan  Chatfield  be  and  he 
hereby  is  impowered  to  sell  so  much  of  the  real  estate  of  the 
said  deceased  as  shall  raise  a  sum  sufficient  to  pay  said  sum 
of  X8  9s.  l^d.  with  the  incident  charges  arising  on  such  sale  ; 
taking  the  direction  of  the  court  of  probate  in  the  district  of 
New  Haven  therein. 

On  the  memorial  of  Catherine  Rol)inson  of  New  Haven, 
administratrix  o*n  the  estate  of  Benjamin  Rol)inson  late  of 
New  Haven,  deceased,  shewing  to  this  Assembly  that  the 
debts  that  have  appeared  since  the  grant  of  Assembly  to  sell 
lands  and  have  been  allowed  by  tlie  court  of  probate  against 
said  estate,  together  with  some  allowance  to  the  widow, 
amount  to  the  sum  of  X27  lis.  8d.  lawful  money,  and  that 
she  has  nothing  in  her  hands  to  pay  the  same,  and  praying  to 
be  impowered  to  sell  so  nuicli  of  the  real  estate  of  the  said 
deceased  as  to  make  said  sum  with  the  incident  charges,  as 


1760.]  OF    CONNECTICUT.  465 

per  memorial  on  file  :  Resolved  by  this  Assembly,  that  the 
said  Catherine  be  impowered  and  she  is  hereby  impowered,  to 
sell  so  much  of  the  real  estate  of  the  said  deceased  as  shall  be 
sufficient  to  enable  her  to  pay  said  sum  with  the  incident 
charges;  taking  the  direction  of  the  court  of  probate  in  the 
district  of  New  Haven  therein. 

Upon  the  memorial  of  Jonathan  Fitch,  Esq^,  of  New  Haven, 
representing  to  this  Assembly  that  by  virtue  of  a  warrant 
directed  to  him  as  sheriff  of  New  Flaven  county  (and  signed 
by  John  Whiting,  Esq',)  he  impressed  a  certain  snow  with  a 
number  of  mariners  in  order  to  transport  a  numlier  of  the 
King's  troops  to  Providence  in  the  Colony  of  Rhode  Island, 
upon  which  considerable  cost  and  charges  has  arisen,  <fec.  ; 
praying  that  the  same  may  be  paid  out  of  the  public  treasury 
of  this  Colony,  as  per  memorial  on  file :  Resolved  by  this 
Assembly,  that  the  Treasurer  of  this  Colony  pay  to  said 
memorialist  out  of  the  public  treasury  of  the  same  the  sum  of 
[o34]  forty-eight  ||  pounds  in  bills  of  this  Colony,  to  be 
applied  to  the  payment  of  the  charges  aforesaid,  taking  a 
receipt  of  the  said  memorialist  to  account  for  the  same  when 
required,  and  lodge  the  same  with  the  Secretary  of  this  Colony. 

This  Assembly  do  establish  Mr.  David  Hough  to  be  Captain 
of  the  6th  company  or  trainband  in  the  town  of  Norwich. 

This  Assembly  do  establish  Mr.  Isaac  Huntington  jun"',  to 
be  Lieutenant  of  the  6th  company  or  trainband  in  the  town 
of  Norwich. 

This  Assembly  do  establish  Mr.  Josiah  Eames  to  be  Ensign 
of  the  6th  company  or  trainband  in  the  town  of  Norwich. 

This  Assembly  do  establish  Mr.  Gideon  Stoddard  to  be 
Captain  of  the  first  company  or  trainband  in   Woodbury. 

This  Assembly  do  establish  Mr.  Charles  Taintor  to  be  Lieu- 
tenant of  the  north  company  or  trainband  in  the  town  of 
Colchester. 

This  Assembly  do  establish  Mr.  Eleazer  Bishop  to  be  Lieu- 
tenant of  the  oth  company  or  trainband  in  New  London,  in 
the  8d  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Benjamin  Woodruff  to  be 
Ensign  of  the  od  company  or  trainband  in  Litchfield. 

This  Assembly  do  establish  Mr.  John  Oilman  to  be  Captain 
of  the  8d  company  or  trainband  in  Hartford,  in  the  1st  regi- 
ment in  this  Colony. 

This  Assembly  do  establish  Mr.  Russel  Woodbridge  to  be 
Lieutenant  of  the  3d  company  or  trainband  in  Hartford,  in 
the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  John  Hurlburt  to  be  En- 

69 


466  PUBLIC    RECORDS  [Oct 

sign  of  the  3d  company  or  trainband  in  Hartford,  in  the  1st 
regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Jonathan  Wells  to  be  Lieu- 
tenant of  the  south  company  or  trainband  in  Durham. 

This  Assembly  do  establish  Mr.  Jonathan  Huntington  to 
be  Captain  of  the  0th  company  or  trainband  in  the  town  of 
Norwich. 

This  Assembly  do  establish  Mr.  George  Dennis  to  be  Lieu- 
tenant- of  the  9th  company  or  trainband  in  the  town  of 
Norwich. 

This  Assembly  do  establish  Mr.  Christopher  Reed  to  be  En- 
sign of  the  9th  company  or  trainband  in  the  town  of 
Norwich. 

This  Assembly  do  establish  Mr.  James  How  to  be  Captain 
of  the  8th  company  or  trainband  in  the  11th  regiment  in  this 
Colony . 

This  Assembly  do  establish  Mr.  Isaac  Shepard  to  be  Lieuten- 
ant of  the  8tli  company  or  trainband  in  the  lltli  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  John  Stephens  to  be  En- 
sign of  the  8th  company  or  trainband  in  the  11th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  .Israel  Kimberley  to  be 
Captain  of  the  8th  company  or  trainband  in  the  2d  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Joseph  Pierpont  to  be 
Lieutenant  of  the  9th  company  or  trainband  in  the  2d  regi- 
ment in  this  Colony. 

This  Assembly  do  establish  Mr.  Prince  Alden  to  be  Lieu- 
tenant of  the  troop  of  liorse  in  the  3d  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Abiel  Squire  to  be  Quar- 
ter-Master of  the  troop  of  horse  in  the  3d  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  John  Whitney  to  be  En- 
sign of  the  company  or  trainband  in  Goshen  in  Lebanon,  in 
the  12th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Stephen  Smith  to  be 
Lieutenant  of  the  7th  company  or  trainband  in  the  2d  regi- 
ment in  this  Colony. 

[335]  This  Assembly  do  establish  Mr.  Timothy  Andruss 
to  be  Ensign  of  the  7th  company  or  trainband  in  the  2d 
regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  John  Brown  to  be  Lieuten- 
ant of  the  9th  company  or  trainband  in  the  lltli  regiment  in 
this  Colony. 


1760.]  OF    CONNECTICUT.  467 

This  Assembly  do  establish  Mr.  Joseph  Raiisford  to  be 
Ensign  of  the  9th  company  or  trainband  in  the  llth  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Benjamin  Fairweather  to 
be  Ensign  of  the  company  or  trainband  at  the  parish  of  Strat 
field,  in  the  4th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Samuel  Filer  to  be  Ensign 
of  the  2d  company  or  trainband  in  Windsor,  in  the  first  regi- 
ment. 

This  Assembly  do  establish  Mr.  Stephen  Upson  to  be  Lieu- 
tenant of  the  south  company  or  trainband  in  Waterbury  first 
society. 

This  Assembly  do  establish  Mr.  Jonathan  Baldwin  to  be 
Ensign  of  the  south  company  or  trainband  in  Waterbury 
first  society. 

Whereas  Col.  John  Chester,  Col.  Thomas  Wells  and  Mr. 
Abner  Moseley  at  the  sessions  of  this  Assembly  in  May  last 
were  appointed  a  committee  to  view  the  circumstances  of  the 
first  and  second  societies  in  the  town  of  Hartford,  to  the  pur- 
pose of  affixing  and  ascertaining  of  a  rule  or  line  for  the 
division  of  said  societies  into  school  districts,  and  to  make  re- 
port to  this  sessions,  and  that  said  committee  having  never 
attended  said  business :  It  is  therefore  resolved  by  this  As- 
sembly, that  the  aforesaid  gentlemen  are  now  re-appointed  to 
the  same  service  as  in  said  former  appointment,  and  to  make 
report  to  this  Assembly  in  May  next. 

Upon  the  memorial  of  Frederick  Curtiss  of  Canterbury, 
representing  to  this  Assembly  that  in  the  [year]  1759  he  be- 
longed to  the  regiment  of  Connecticut  forces  commanded  by 
Col.  Fitch,  that  about  the  tenth  of  September  in  said  year  he 
was  numbered  witli  a  scouting  party  under  the  command  of 
Major  Rogers  to  go  from  Crown  Point  against  an  Indian  town 
called  St.  Francois,  which  town  they  destroyed,  but  after- 
wards in  his  return  he  was  taken  prisoner  and  detained  in 
captivity  till  a  flag  of  truce  was  prepared  sometime  in  June 
last,  conducted  by  Monsieur  Bonneau,  a  French  major,  in 
which  he  was  with  about  one  hundred  and  twenty  more  pris- 
oners brought  to  Crown  Point  and  on  the  tenth  of  July  last 
past  got  home  again;  praying  this  Assembly  to  make  some 
allowance  to  him  for  his  suffering  and  loss  wliile  detained  in 
captivity  as  aforesaid,  as  by  his  memorial  on  file:  Resolved 
by  this  Assembly,  that  the  sum  of  fifteen  pounds  and  ten 
shillings  be  granted  unto  said  memorialist  out  of  the  public 
treasury  of  this  Colony,  and  the  Treasurer  is  hereby  ordered 
to  pay  out  the  same  to  said  Frederick  Curtiss,  taking  his  re- 
ceipt therefor. 


468  PUBLIC    RECORDS  [Oct. 

Upon  the  memorial  of  Hezekiah  Johnson,  of  Mansfield  in 
the  county  of  Windham,  administrator  on  the  estate  of  Enoch 
Johnson  late  of  said  Mansfield,  deceased,  shewing  to  this  As- 
sembly that  the  debts  due  from  the  estate  of  said  deceased 
surmount  the  moveable  estate  of  said  deceased  the  sum  of 
XI 03  13s.  6d.  lawful  money,  for  the  payment  of  which  sum 
said  memorialist  hath  nothing  in  his  hands,  and  praying  for 
liberty  and  power  to  sell  so  much  of  the  lands  or  real  estate 
of  said  deceased  as  will  be  sufficient  to  pay  said  sum  of  £103 
13s.  6d.  lawful  money  with  incident  charges  of  such  sale  : 
Resolved  by  this  Assembly,  that  the  said  Hezekiah  Johnson, 
administrator  as  aforesaid,  have  liberty  and  liberty  is  hereby 
o'ranted  to  him,  to  sell  so  much  of  the  lands  or  real  estate  of 
said  deceased  as  will  be  sufficient  to  pay  said  sum  of  £103 
13s.  6d.  lawful  money  with  the  charges  of  such  sale  ;  taking 
the  direction  of  the  court  of  probate  for  the  district  of  Wind- 
ham therein. 


An  Act  for  raising  a  certain  Sum  to  be  appropriated  to  the  Erecting  and 
Maintaining-  a  Light-House  near  the  Port  of  NeAV  London  and  for  lav- 
ing a  Tax  on  Sliipping  for  the  Support  thereof. 


[336]  Whereas  sundry  merchants  and  others,  inhabitants 
of  this  Colony,  have  by  their  memorial  represented  the  neces- 
sity of  a  Light-House  to  be  erected  and  maintained  at  and 
near  the  port  of  New  London,  and  praying  for  liberty  of  a 
lottery  to  raise  monies  for  the  building  thereof. 

Be  it  therefore  enacted  hy  the  Governor,  Council  and  Repre- 
sentatives, in  GeJieral  Court  assembled,  and  hy  the  authority 
of  the  same,  That  lil:)erty  be  and  is  hereby  granted  for  a  lot- 
tery for  the  raising  of  the  sum  of  five  hundred  pounds  to  build 
a  light-house  at  or  near  the  port  of  New  London,  and  also  the 
sum  of  fifty  pounds  to  defray  the  charge  thereof  by  a  deduc- 
tion of  twelve  per  cent,  on  the  sale  of  the  tickets  in  said  lot- 
tery, and  that  Gurdon  Saltonstall,  Joseph  Coit,  Pygan  Adams, 
Jeremiah  Miller,  Esqf%  and  Capt.  Matthew  Talcott,  Messrs. 
David  Gardiner,  Nathaniel  Shaw,  Joseph  Chew  and  Thomas 
Mumford  jun'",  or  any  five  of  them,  be  and  they  are  hereby 
appointed  managers  of  said  lottery,  and  that  they  be  sworn  to 
a  faithful  discharge  of  their  trust,  and  that  the  said  lottery  be 
drawn  under  the  inspection  of  John  Richards  and  Daniel 
Coit,  Esq''*,  in  New  London,  and  that  the  said  managers  be 
allowed  the  aforesaid  sum  of  fifty  pounds  for  their  trouble  and 
expence  in  conducting  the  same. 

And  it  is  further  resolved  hy  this  Assemhly,  That  the  above- 
said  managers  be  and  they  are  hereby  appointed  a  committee 
to  affix  the  place  whereon  to  erect  tlie  said  light-house,  and 
also  to  receive  into  their  hands  the  aforesaid  sum  of  five  hun- 
dred pounds,  and  go  on  to  erect  and  build  the  same  under  the 


( 


1760.]  OP    CONNECTICUT.  469 

care  of  any  one  of  the  said  committee,  and  render  an  account 
thereof  unto  this  AssemVdy  when  thereunto  required ;  and 
when  the  said  light-house  is  finished,  they,  or  any  three  of 
them  which  shall  be  chosen  by  the  said  committee,  are  here- 
by appointed  the  overseers  thereof  and  to  procure  a  suitable 
person  constantly  to  look  after  and  tend  the  light  and  procure 
oil  for  the  lamps  in  said  light-house. 

And  it  is  further  enacted^  That  after  said  light-house  is 
finished  and  in  such  situation  as  to  accommodate  the  naviga- 
tion with  a  proper  light,  there  shall  be  a  tax  laid  on  all  ship- 
ping that  shall  be  cleared  out  at  any  port  in  this  Colony,  (ex- 
cepting vessels  belonging  to  this  Colony  bound  from  the  port 
of  New  Haven  westward,)  for  the  support  and  maintaining 
thereof,  as  foUoweth,  that  is  to  say:  for  each  coasting  vessel 
belonging  to  this  Colony  that  shall  clear  out  for  any  port  or 
place  between  Philadelpliia  in  Pensilvania  and  Portsmouth 
in  New  Hampshire,  including  all  the  ports  in  those  Colonies, 
in  burthen  above  ten  tons  and  not  more  than  thirty  tons,  the 
sum  of  one  shilling  and  six  pence ;  and  for  each  coasting- 
vessel  above  thirty  tons  and  not  more  than  fifty  tons,  the  sura 
of  two  sliillings ;  and  for  each  coasting  vessel  above  fifty  tons 
and  not  more  than  seventy  tons,  the  sum  of  two  shillings  and 
six  pence,  and  so  in  propoi'tion  for  coasting  vessels  of  a  larger 
Inirthen  :  and  for  each  vessel  that  shall  clear  out  as  abovesaid 
for  any  port  or  place  more  remote  than  tlie  said  Colonies, 
above  twenty  tons  and  not  more  than  fifty  tons,  the  sum  of 
four  shillings  and  six  pence  ;  and  for  each  vessel  above  fifty 
tons  and  not  more  than  one  hundred  tons,  the  sum  of  six 
sliillings,  and  so  in  proportion  as  they  shall  be  larger. 

And  it  is  further  enacted,  That  all  vessels  not  belonging  to 
this  Colony  which  shall  enter  and  clear  at  the  said  ports  shall 
be  subject  to  a  tax  double  what  is  hereby  laid  on  the  naviga- 
tion of  this  Colony,  and  in  the  same  proportion  of  tonnage. 
Which  tax  becoming  due  as  aforesaid  shall  from  time  to  time 
be  paid  to  and  collected  by  the  naval  officer  of  the  port  where 
any  such  vessel  shall  be  cleared  out ;  which  officers  are  hereby 
ordered  and  directed  to  pay  the  same  to  the  said  committee 
for  the  purpose  aforesaid,  deducting  for  their  fees  as  they  are 
allowed  foi-  collecting  other  duties. 

Upon  the  memorial  of  Daniel  Judson,  administrator  on  the 
estate  of  Amos  Hurd  late  of  Woodbury,  deceased,  shewing  to 
this  Assembly  that  the  debts  due  from  the  said  estate  (which 
hath  appeared  since  the  allowance  of  the  Assembly  in  May 
last  to  sell  real  estate  for  the  payment  of  debts)  surmount  the 
personal  estate  together  with  said  allowance  in  May  last  the 
sum  of  three   pounds   four   shillings   and  six  pence   lawful 


470  PUBLIC    RECORDS  [Oct. 

[337]  money ;  praying  to  this  ||  Assembly  for  liberty  to  sell 
so  much  of  the  real  estate  of  the  said  deceased  as  to  make  the 
said  sum  of  «£3  4s.  6d.  together  with  the  incident  charges 
arising  by  said  sale:  Resolved  by  this  Assembly,  that  the 
said  administrator  have  liberty,  and  liberty  is  hereby  granted 
unto  him,  to  sell  so  much  of  the  real  estate  of  the  said  de- 
ceased as  to  make  the  sum  of  £3  4s.  Qd.  lawful  money  with 
the  incident  charges  arising  thereon ;  taking  the  direction  of 
the  court  of  probates  for  tlie  district  of  Woodbury  therein. 

Upon  the  memorial  of  Nathan  Williams,  of  Plainfield  in 
the  county  of  Windham,  administrator  on  the  estate  of  Samuel 
Williams  late  of  said  Plainfield,  deceased,  representing  that 
the  debts  of  said  estate  surmount  the  moveal)le  part  of  said 
estate  the  sum  of  one  hundred  and  sixty-two  pounds  and  four 
pence ;  praying  that  so  much  of  the  real  estate  of  the  deceased 
might  be  sold  as  may  be  sufficient  to  answer  said  sum  and  in- 
cident charges,  as  by  the  memorial  on  file  appears:  Resolved 
by  this  Assembly,  that  so  much  of  the  real  estate  of  the  said 
deceased  Samuel  Williams  be  sold  as  will  be  sufficient  to 
satisfy  the  sum  of  one  hundred  and  sixty-two  pounds  and 
four  pence  with  incident  charges,  for  answering  said  debts 
and  charges,  and  that  the  said  administrator  is  hereby  au- 
thorized to  make  sale  thereof  accordingly,  taking  the  advice 
of  the  court  of  probate  for  the  district  of  Plainfield  therein. 

Upon  the  memorial  of  Giles  Yeomans  of  Stonington,  ad- 
ministrator on  the  estate  of  Edward  Yeomans  of  said  Stoning- 
ton, deceased,  shewing  to  this  Assembly  that  the  debts  due 
fi'om  said  estate  surmount  the  personal  estate  of  the  said  de- 
ceased the  sum  of  eighty  pounds  eleven  shillings  and  three 
pence  lawful  money  ;  praying  for  liberty  to  sell  so  much  of 
the  real  estate  of  the  said  deceased  as  will  raise  said  sum  with 
the  charges  of  sale  &c.,  as  per  memorial  on  file:  Resolved  by  | 
this  Assembly,  that  the  memorialist  have  liberty  and  he  is  " 
hereby  impowered,  to  sell  so  much  of  the  real  estate  of  the 
said  Edward  Yeomans,  deceased,  as  will  raise  the  said  sum 
of  <£80  lis.  Sd.  lawful  money,  with  the  incident  charges 
arising  on  such  sale;  taking  the  direction  of  the  court  of 
probate  in  the  district  of  New  London  therein. 

Whereas  the  Hon^'e  William  Pitkin,  Esqi",  Jabez  Hamhn 
and  William  Wolcott,  Esq^s,  a  committee  appointed  by  act  of 
this  Assembly  at  their  sessions  in  May  in  the  33d  year  of  his 
present  Majesty's  reign,  A.D.  1760,  to  repair  to  the  first  so- 
ciety in  Woodstock,  hear  the  parties  in  all  their  pleas,  allega- 
tions and  evidences  touching  their  matters  of  difference,  use 
their  best  endeavours  to  bring  said  contending  parties  to  ac- 
commodate and  make  settlement  of  all  such  matters  of  differ- 


1760.]  OF    CONNECTICUT.  471 

ence,  and  of  the  true  state  of  said  society  and  the  minister 
thereof  respecting  their  present  difficulties,  and  of  their  opinion 
thereon,  to  make  report  at  this  time,  have  reported  that  in 
pursuance  of  the  above  appointment  and  direction  they  have 
repaired  to  said  first  society  in  Woodstock  and  heard  the 
parties  on  their  matters  of  difference  aforesaid,  and  have 
brought  the  said  parties  to  an  agreement  to  divide  into  two 
distinct  ecclesiastical  societies;  which  committee  are  of 
opinion  that  it  is  advisa))le  that  said  agreement  be  ratified  and 
confirmed  according  to  the  true  intent  and  meaning  thereof, 
in  order  to  issue  and  final  end  to  make  of  all  differences  and 
disputes  subsisting  between  them ;  which  agreement  is  in  the 
words  following,  viz; 

To  the  Hon^if  William  Pitkin,  Esq"",  Messrs.  Jabez  Hamlin, 
William  Wolcott,  Esq""*,  a  committee  appointed  by  the  Gen- 
[838]  eral  ||  Assembly  in  May  last  to  repair  to  the  first  so- 
ciety of  Woodstock  in  order  to  hear  the  contending  parties 
there,  to  bring  said  parties  to  accommodate  and  make  a  settle- 
ment of  all  matters  of  difference  subsisting  between  them  <fec.: 
We,  the  subscribers,  appointed  by  said  first  society  to  repre- 
sent said  society  before  said  committee  touching  said  matters 
of  difference  &c.,  having  considered  the  improbability  of  liav- 
ing  said  matters  of  difference  settled  while  we  remain  in  our 
present  situation  do,  in  behalf  of  ourselves  and  those  we 
represent,  in  order  to  have  peace  restored  and  mutual  love 
and  friendship  for  the  future  subsist  among  us,  and  for  the 
promoting  as  we  hope  both  our  s))iritual  and  temporal  interest, 
do  come  into  the  following  agreement,  which  we  desire  said 
honourable  committee  to  lay  before  the  Hon'j'e  General  As- 
sembly to  be  held  at  New  Haven  in  October  next,  for  their 
consideration  and  enforcing,  viz:  First,  that  all  that  part  of 
said  first  society  lying  northerly  of  an  east  and  west  line  di- 
viding between  the  north  and  south  proprieties  be  a  distinct 
ecclesiastical  society,  with  all  the  priviledges  of  such,  which 
society  so  made  and  constituted  to  maintain  and  support  the 
Revf'  Mr.  Stiles  during  his  being  and  continuing  to  be  their 
minister,  according  to  the  sti])ulations  that  have  already  been 
made  or  that  such  society  may  or  shall  hereafter  enter  into 
with  him,  and  that  the  inhabitants  of  said  north  part  pay  to 
the  said  Mr.  Stiles  such  of  his  said  salary  as  after  the  expira- 
tion of  the  said  Mr.  Stiles's  present  yearly  service  in  the  min- 
istry and  until  the  abovesaid  north  part  shall  be  made  and 
constituted  an  ecclesiastical  society  as  aforesaid  shall  become 
due,  and  that  when  such  society  shall  be  constituted  as  afore- 
said that,  notwithstanding  the  inhabitants  of  each  society 
shall  pay  their  taxes  to  such  society  to  which  they  respectively 


472  PUBLIC    RECORDS  [Oct. 

belong,  according  as  by  law  is  provided  in  such  cases,  yet  any 
such  person  to  have  liberty  to  attend  divine  service  and  pub- 
lic worship  in  the  other  society  to  which  they  do  not  by  such 
division  belong  as  they  choose,  as  that  they  shall  not  be  ac- 
counted disorderly  therein.  (2.)  That  out  of  the  money 
already  granted  and  voted  by  said  first  society  the  said  Mr. 
Stiles  be  paid  his  last  year's  salary  with  interest  thereon  ever 
since  the  same  became  due,  on  or  before  the  first  day  of  Octo- 
ber next,  and  that  his  present  year's  salary,  which  will  be- 
come due  on  the  7th  day  of  August  next,  he  paid  him  as  soon 
as  the  suspension  of  said  rates  already  granted  be  at  an  end 
and  the  same  by  law  can  be  collected  and  paid,  and  the  re- 
mainder of  said  taxes  already  granted  by  said  society  be  ap- 
propriated for  the  payment  of  the  charges  of  the  above  com- 
mittee and  other  cost  and  expences  arising  relative  thereto, 
and  also  for  the  payment  of  such  charges  and  expences  the 
late  party,  called  the  aggrieved  party,  have  been  at  in  procur- 
ing and  maintaining  preaching  among  themselves  in  the  past 
times  of  difficulty  aforesaid.  (8.)  As  to  the  meeting-house 
now  standing  in  said  first  society,  it  is  further  agreed  that  the 
said  first  society,  viz :  said  south  part,  pay  and  refund  to  said 
north  part  after  constituted  a  society  as  aforesaid,  the  sum  of 
[389]  one  ||  hundred  pounds,  as  their  |)art  and  proportion  of 
said  meeting-house,  viz  :  fifty  pounds  thereof  when  said  north 
society  shall  have  a  meeting-house  raised  for  said  north  so- 
ciety, and  tlie  other  fifty  pounds  when  such  meeting-house 
shall  be  covered  and  inclosed,  all  in  bills  of  this  Colony  then 
current.  (4th.)  It  is  also  agreed  that  whenever  and  as  soon 
as  the  General  Assembly  shall  constitute  said  north  part  a 
society  as  aforesaid,  said  meeting-house  standing  in  said  first 
society  shall  be  relinquished  by  such  north  society  to  said 
south  society,  so  that  neither  said  north  part  nor  their  said 
minister  have  any  further  right  or  challenge  therein.  (5.) 
That  all  the  utensils  &c.  belonging  to  the  church  and  com- 
munion table  be  equally  divided  between  the  said  two  societies, 
for  the  use  they  have  been  heretofore  appro])riated.  All  which 
we  submit  to  be  laid  before  the  Hon'''*^  the  General  Assembly 
in  October  next  for  their  approbation  and  necessary  acting 
thereon.  In  witness  whereof  we  have  hereunto  set  our  hands 
this  10th  day  of  July,  A.D.  1760. 

John  May, 

Isaac  Johnson, 

John  Morss,         (     ri         -a^ 
T>    1       Tvr  >    Committee, 

rarker  Morss,     ' 

Nathi  Child, 

Elisha  Child, 


1760.]  OP    CONNECTICUT.  473 

I,  the  sut)sci'iber,  being  the  present  ])astor  of  said  first  so- 
ciety in  Woodstock,  do  hereby  manifest  my  free  consent  to 
the  division  of  said  society  upon  the  terms  above  expressed, 
yet  would  not  be  understood  to  have  the  former  covenant  and 
agreement  between  me  and  said  society  any  way  altered  or 
vacated  until  such  division  be  accomplished.  Aljel  Stiles, 
As  per  the  report  and  agreement  on  file. 

Whereupon  it  is  resolved  hy  this  Assembly^  That  said  report 
be  accepted  and  approved,  and  the  agreement  therein  referred 
to  and  above  recited  be  and  the  same  is  herel)y  ratified  and 
confirmed  in  all  the  parts  and  paragrapiis  thereof.  And  to 
that  end, 

Be  it  enacted  hy  the  Grovernor,  Council  and  Representatives, 
in  Greneral  Court  assembled,  atid  by  the  aiLthority  of  the  same, 
That  all  those  inhabitants  of  the  first  society  in  Woodstock 
living  northerly  of  an  east  and  west  line  dividing  between  the 
north  and  south  proprieties  be  and  hereby  are  erected,  con- 
stituted and  made  a  distinct  ecclesiastical  society,  with  all  the 
priviledges,  authorities  and  powers  tliat  other  ecclesiastical 
societies  by  law  are  vested  with,  and  shall  be  called  and 
known  by  the  name  of  North  Woodstock,  and  that  the  Rev^ 
Abel  Stiles  be  and  remain  the  present  minister  of  said  North 
Woodstock. 

And  it  is  further  resolved  and  enacted  by  the  authority 
aforesaid,  That  the  said  inhal)itants  of  said  North  Woodstock 
shall  and  hereby  are  sulijected  as  they  in  their  above  cited 
agreement  have  covenanted,  to  support  and  maintain  the  said 
Mr.  Stiles  as  their  minister  during  the  time  he  sliall  continne 
so  in  the  same  manner  as  the  said  first  society  of  Woodstock 
by  their  stipulation  were  obliged  to  do;  and  the  said  Mr. 
Stiles  is  hereby  enabled  to  recover  in  the  law  of  said  inhabi- 
tants of  North  W^oodstock  all  such  siTm  or  sums  annually  for 
his  salary  for  the  work  of  the  ministry  as  lie  might  or  could 
have  done  of  the  inhabitants  of  the  said  first  society  by  virtue 
of  the  stipulation  between  them. 

And  it  is  further  enacted  by  the  authority  aforesaid.  That 
the  said  Mr.  Stiles  and  the  inhabitants  of  said  North  Wood- 
[340]  stock  shall  no  more  ||  have  right  to  meet  for  divine 
worship  in  the  meeting-house  now  standing  in  said  first  so- 
ciety, but  the  same  shall  quietly  resign  unto  the  inhabitants  of 
said  first  society  for  their  use  and  improvement  for  the  pur- 
poses aforesaid,  in  consideration  whereof  the  remaining  in- 
habitants of  said  first  society  shall  well  and  truly  pay  unto  the 
said  society  of  North  Woodstock  the  sum  of  one  hundred 
pounds  stipulated  to  be  [)aid  them  by  the  times  in  such  stipu- 

60 


474  PUBLIC    RECORDS  [Oct. 

lation  limited;  and  the  said  society  of  North  Woodstock  is 
hereby  impowered  to  sue  for  and  recover  the  same  in  the  law, 
if  need  be. 

And  it  is  further  enadedhy  the  aufhorifi/  aforesaid.  That  all 
the  utensils  for  the  service  of  the  communion  table  in  the 
church  in  said  first  society  shall  be  and  hereby  is  ordered  and 
directed  to  be  equally  divided  between  the  remaining  first  so- 
ciety and  the  society  of  North  Woodstock,  as  hath  been 
mutually  agreed  they  should  be. 

Afid  be  it  further  enacted  hy  the  authority  aforesaid^  That 
the  said  Mr.  Stiles  shall  be  paid  his  salary  for  his  service  the 
last  year,  which  was  payable  on  the  7th  day  of  August  last, 
out  of  the  money  already  granted  and  voted  by  said  first  so- 
ciety, as  soon  as  the  same  can  be  collected ;  and  the  collector 
or  collectors  of  said  rates  are  hereby  ordered  and  directed  to 
pay  the  same  accordingly. 

On  the  memorial  of  Nathaniel  Bacon  2d,  of  Middleton,  and 
Mary  his  wife,  executors  to  the  last  will  and  testament  of  Mr. 
John  Bartlet  late  of  Middleton,  deceased,  shewing  to  this 
Assembly  that  the  debts  and  charges  &c.  allowed  by  the 
court  of  probate  for  the  district  of  Middleton  against  said  es- 
tate surmount  the  moveable  part  of  said  estate  the  sum  of 
twenty  pounds  nine  sliilUngs  and  three  pence  lawful  money; 
praying  for  liberty  to  sell  real  estate  &c. :  Whereupon  this 
Assembly  grants  liberty  to  the  said  memorialists  to  sell  so 
much  of  the  real  estate  of  the  said  deceased  as  will  procure 
the  aforesaid  sum  of  .£20  9.s.  3c?.  lawful  money  together  with 
the  incident  charges  arising  on  such  sale  ;  taking  the  direc- 
tion of  the  court  of  probate  for  the  district  of  Middleton 
therein. 

On  the  memorial  of  David  Goodrich  and  Thomas  Belding 
jun"",  administrators  on  the  estate  of  Amos  Belding  late  of 
Weathersfield,  deceased,  representing  and  shewing  that  there 
has  been  a  further  account  of  debts  and  charges  due  from  the 
estate  of  said  deceased  (amounting  to  the  sum  of  i^l8  lis. 
9c?.  lawful  money,)  produced  to  and  admitted  l)y  the  court  of 
probate  for  the  district  of  Hartford,  and  praying  allowance  to 
make  sale  of  the  real  estate  of  said  deceased  to  answer  the 
sum  of  the  debts  and  charges  aforesaid  :  This  Assembly  do  sub- 
stitute and  appoint  the  said  memorialists,  (they  obtaining  ad- 
vice of  the  said  court  of  probate  in  the  matter,)  to  make  sale 
of  so  much  of  the  real  estate  of  the  aforesaid  Amos  Belding, 
deceased,  as  may  be  sufficient  to  procure  the  aforesaid  sum  of 
<£18  lis.  9c?.  lawful  money,  the  amount  of  said  debts  and 
charges,   (with    the  reasonable   expence  of  transacting   the 


1760.]  OF    CONNECTICUT.  475 

affair,)  to  be  improved  for  the  payment  and  satisfaction  of 
the  same. 

On  tlie  memorial  of  John  Clark  and  Abijah  Hall,  of 
Middleton  in  the  parish  of  East  Hampton,  and  the  rest  of  the 
inhabitants  of  said  parish,  shewing  to  this  Assembly  that  said 
[341]  society  are  now  but  ||  about  three  thousand  two 
hundred  pounds  on  the  public  list,  and  that  said  society  hath 
been  at  great  expence  and  cost  to  settle  a  minister  and  build 
a  meeting-house,  and  have  raised  said  house  and  finished  the 
outside,  by  which  means  the  value  of  land  is  greatly  inhanced, 
and  that  there  is  about  ;!oOO  acres  of  unimproved  lands  in 
said  parish  from  the  south  part  of  said  parish  to  half  a  mile 
north  of  the  house  of  the  heirs  of  James  Cole  that  belongs  to 
non-resident  proprietors ;  praying  for  a  tax  of  six  pence  per 
acre  on  all  the  unimproved  lands  of  said  non  residents,  pro- 
prietors within  said  bounds,  to  be  improved  for  the  finishing 
of  said  meeting-house  and  other  parish  charges,  as  per  memo- 
rial on  file :  Resolved  by  this  Assembly,  that  a  tax  of  six 
pence  on  the  acre  be  and  it  is  hereby  granted  to  be  raised  on 
all  the  unimproved  lands  in  said  society  within  the  bounds 
aforesaid  belonging  to  said  non-resident  proprietors,  and  that 
Mr.  Silas  Dunham  of  said  parish  be  and  he  is  hereby  im- 
powered  a  collector  to  collect  said  tax,  to  be  improved  to  fin- 
ish said  meeting-house ;  which  collector  shall  have  the  same 
power  and  authority  to  collect  said  tax  under  the  same  direc- 
tions and  restrictions  as  other  collectors  of  society's  rates  and 
taxes  are  by  the  laws  of  this  Colony. 

Resolved  by  this  Assembly,  That  the  several  sums  hereafter 
expressed  be  paid  out  of  the  public  treasury  of  this  Colony  to 
the  several  persons  herein  named,  the  same  being  in  payment 
and  satisfaction  for  keeping  Robert  Cromwell,  a  poor  infirm 
person  resident  in  Greenwich, 

viz:  To  Doct.  Mead.  i 

To  Nevil  Conklin, 

To  Sam'l  Ketcham, 

To  Peter  Hugford, 

To  Jeremiah  Anderson, 
Amounting  in  the  whole,  J. 

Treasurer  of  this  Colony  is  hereby  ordered  to  pay  the  same 
accordingly. 

Resolved  by  this  Assembly,  That  his  Hon'"  the  Governor  be 
desired  to  order  the  Treasurer  of  this  Colony  to  attend  on  the 
Assembly  as  soon  as  may  be,  furnished  with  1)ills  of  this 
Colony  sitficient  for  the  purpose  of  paying  off  the  wages  of 
said  Assembly. 


3 

14 

0 

47 

8 

4 

18 

10 

0 

37 

11 

3 

0 

12 

0 

07 

15 

7,  and  tliat  the 

476  PUBLIC    RECORDS  [Oct. 

Oil  the  petition  of  Earl  Wriglit,  of  New  Hartford  in  the 
county  of  Litchfield,  v)^.  John  Humphry,  Esq"",  of  Symsbury  in 
the  county  of  Hartford,  one  of  the  proprietors  of  the  common 
and  undivided  lands  in  said  Symsbury,  and  the  rest  of  the 
proprietors  of  the  common  and  undivided  lands  in  said  town 
of  Symsbury,  as  on  file :  The  question  was  put,  whether  the 
pleas  offered  by  the  respondents  in  abatement  of  said  petition 
are  sufficient  to  abate  the  same:  Resolved  by  this  Assemltly 
in  the  affirmative.  Oost  alloived  respondents  is  £1  lis.  6d. 
lawful  money.     Ex.  gr.  December  "^d  1760. 

On  the  petition  of  Elisha  Searl,  of  Coventry  in  the  county 
of  Windham,  vs.  Zebulon  Babcock,  otherwise  called  Zebulon 
Babcock  of  Sharon  in  the  county  of  Litchfield,  as  on  file: 
The  question  was  put,  whether  the  prayer  of  said  petition 
should  be  granted:  Resolved  by  this  Assembly  in  the  nega- 
tive. 

[342]  On  the  petition  of  Henderson  Inches,  of  Boston  in 
the  county  of  Suffolk  in  the  Province  of  the  Massachusets 
Bay,  as  on  file,  vs.  Freograce  Adams,  of  Suffield  in  the  county 
of  Hartford,  as  on  file:  Tlie  question  was  put,  whether  the 
prayer  of  said  petition  should  be  granted :  Resolved  by  this 
Assembly  in  the  negative. 

On  the  petition  of  Normand  Morison  and  Ann  Morison  his 
wife,  both  of  Hartford  in  the  county  of  Hartford,  t^s.  Hezekiah 
Colyer  of  Hartford  aforesaid,  as  on  file:  The  question  was 
put,  whether  the  prayer  of  said  petition  should  be  granted : 
Resolved  by  this  Assembly  in  the  negative. 

On  the  petition  of  Jonathan  Hoadly,  of  Branford  in  the 
county  of  New  Haven,  vs.  Jonathan  Barker  of  Branford  afore- 
said, as  on  file :  The  question  was  put,  whether  the  prayer  of 
said  petition  should  be  granted :  Resolved  by  this  Assembly 
in  the  negative. 

On  the  petition  of  Michael  Judah,  of  Norwalk  in  the 
county  of  Fairfield,  vs.  Mary  Ruscoe  of  the  town  of  Norwalk 
aforesaid,  widow,  as  on  file:  The  question  was  put,  whether 
the  petitioner  shall  iiave  the  liberty  of  another  tryal  of  his 
cause  &c.  as  prayed  for :  Resolved  in  the  negative. 

On  the  petition  of  Elisha  Wadsworth,  of  Hartford  in  the 
county  of  Hartford,  vs.  Daniel  Smith,  of  Granville  in  the 
county  of  Hampshire  in  the  Province  of  the  Massachusets 
Bay,  (late  called  Daniel  Smith  jun''  of  East  Haddam  in  the 
county  of  Hartford,)  as  on  file:  The  question  was  put,  whether 
the  pi'ayer  of  said  petition  should  be  granted :  Resolved  by 
this  Assembly  in  the  negative.  Cost  granted  respondent  =£o 
10  4  L.  money.     Mx.  granted  May  11th  1708. 


1760.]  OP    CONNECTICUT.  477 

Granted  to  his  Honour  the  Governor  one  hundred  pounds, 
for  his  salary  for  the  last  half  year  of  the  current  year,  and 
the  Treasurer  of  this  Colony  ordered  to  pay  the  same  ac- 
cordingly. 

Granted  to  his  Honour  the  Governor  fifty  pounds,  for  his 
extraordinary  service  the  first  half  of  the  current  year,  and 
the  Treasurer  of  this  Colony  is  ordered  to  pay  the  same  ac- 
cordingly. 

Granted  to  his  Honour  the  Deputy  Governor  fifty  pounds, 
for  his  salary  for  the  last  half  of  the  current  ye.ar,  and  the 
Treasurer  of  this  Colony  is  ordered  to  pay  the  same  accord- 
ingly. 

Ordered,  That  the  Treasurer  of  this  Colony  pay  out  of  the 
public  treasury  to  the  Hon'''«  Thomas  Fitch,  Esq'',  Governor, 
the  sum  of  seventy  pounds,  for  his  service  in  drawing  bills  of 
exchange  on  the  Agent  for  the  sum  of  twenty-two  thousand 
pounds  sterling,  pursuant  to  the  direction  of  the  General  As- 
sembly at  their  session  in  October  1759. 

Resolved  hy  this  Assemhly^  That  the  Treasurer  of  tliis 
Colony  pay,  and  he  is  hereby  ordered  to  pay,  out  of  the 
Colony  treasury  to  Mr.  Timothy  Green,  printer,  the  sum  of 
£16  18s'.  'od.,  for  his  last  half-year's  salary  and  expences  in 
transmitting  the  laws  <fec.  to  the  several  counties.     ^, 

[343]  Whereas  on  the  memorial  of  John  Wooa  <fec.  pro- 
prietors of  Groton,  preferred  to  the  General  Assembly  in 
May  last,  representing  the  great  difficulties  and  controversies 
subsisting  between  them  and  the  Pequot  Indians,  respecting 
the  Mashantuxets  lands,  John  Chester,  Jabez  Hamlin  and 
Seth  Wetmore,  Esq^s  were  appointed  a  committee  to  hear, 
examine  and  rejjort  respecting  said  controversies ;  and 
whereas  the  said  committee  have  entered  upon  said  business, 
but  by  reason  of  the  length  and  intricacy  of  said  affair  are  not 
able  to  compleat  and  return  their  report  to  this  Assembly: 
It  is  therefore  resolved  by  this  Assembly,  that  the  said  com- 
mittee's power  be  continued,  that  they  have  liberty  and  au- 
thority to  make  their  report  &c.  in  the  premises  to  this  As- 
sembly in  May  next;  and  the  farther  consideration  of  said 
memorial  is  also  referred  to  said  Assembly  to  be  held  in  May 
next. 

It  is  resolved.  That  such  petitions,  memorials  and  other 
business  now  lying  before  this  Assembly  not  finished  and 
determined  be  referred  and  the  same  are  hereby  referred  to 
the  consideration  of  this  Assembly  in  May  next. 

This  Assembly  appoints  John  Chester,  Thomas  Wells  and 
Daniel  Edwards,  Esq'%  Col.  Joseph  Pitkin,  Mr.  John  Led- 


478  PUBLIC   RECORDS  [March, 

yard,  Mr.  William  Wolcott  and  Mr.  Elisha  Williams,  to  at- 
tend his  Honour  the  Deputy  Governour  at  Hartford,  to  hear 
the  acts  and  doings  of  this  Assembly  publicly  read  and  see 
the  same  signed  by  the  Secretary  as  perfect  and  compleat. 

Teste,  George  Wyllys,  Secret'y. 


> 


Esqr^ 
Assistants. 


[344]        Anno  Regni  Regis  Greorgii  tertii  primo.  * 

At  a  General  Assembly  op  the  Governor  and  Company 
OF  HIS  Majesty's  English  Colony  of  Connecticut  in  New- 
England  IN  America  holden  at  New  Haven  in  said 
Colony  (by  special  order  and  appointment  of  the  Gover- 
nor OF  SAID  Colony)  on  the  twenty-sixth  day  op  march, 
annoque  Domini  1761. 

Present : 
The  Honourable  Thomas  Fitch,  Esq',  G-overnor. 
The  Hon^^'e  William  Pitkin,  Esq"",  Deputy  Governor. 

Roger  Newton,  Benjamin  Hall, 

Ebenezer  Silliman,  Daniel  Edwards, 

Jonathan  Trumble,  Jabez  Hamlin, 

Hezekiah  Huntington,         Matthew  Griswold, 

Andrew  Burr,  Shubael  Conant, 

John  Chester, 

Representatives  or  Deputies  who  attended  this   Assembly 

are  as  follows,  viz  : 
Col.  Joseph  Pitkin,  Mr.  John  Ledyard,  for  Hartford. 
Col.  John  Hubbard,  Mr.  John  Whiting,  for  New  Haven. 
Capt.  Jeremiah  Miller,  Capt.  Pygan  Adams,  for  New  Lon- 
don. 
Mr.  David  Rowland,  Mr.  David  Burr  jun'',  for  Fairfield. 
Capt.  Samuel  Murdock,  for  Windham. 
Capt.  Elislia  Sheldon,  Col.  Ebenezer  Marsh,  for  Litchfield. 
Capt.  Jabez  Huntington,  Mr.  Daniel  Lothrop,  for  Norwich. 
Col.  David  Whitney,  Mr.  Charles  Burril,  for  Canaan. 
Mr.  William  Blodget,  Capt.  Moses  Tyler,  for  Preston. 
Mr.  Caleb  Jewit,  for  Sharon. 

Mr.  Roger   Sherman,  Mr.  Bushnel   Bostwick,  for  New  Mil- 
ford. 
Capt.  John  Strong,  Capt.  Jared  Lee,  for  Farmington. 
Capt.  Isaac  Kellogg,  Mr.  Martin  Smith,  for  New  Hartford. 
Capt.  Thomas  Stevens,  for  Plainfield. 
Mr.  Samuel  Craft,  Mr.  Jonathan  Dresser,  for  Pomfret. 

*King  George  the  second  died  October  25th,  1760.     George  the  third  was 
proclaimed  King  at  New  Haven  January  22d,  1761. 


1761.]  OP    CONNECTICUT.  479 

Mr.  Thomas  Matthews,  Mr.  John  Lewis,  for  Waterbnry. 

Mr.  Samuel  Fitch,  Mr.  Joseph  Piatt,  for  Norwalk. 

Mr.  Jonathan  Wells,  for  Glassenbury. 

Mr.  Comfort  Starr,  for  Danbury. 

Capt.  Obadiah  Johnson,   Mr.  John  Curtis,  for  Canterbury. 

Mr.  Abraham  Davenport,  Capt.  Charles  Webb,  for  Stamford. 

Mr.  David  Strong,  Capt.  Joel  White,  for  Bolton. 

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

Mr.  Zebulon  West,  Capt.  Joshua  Wills,  for  Tolland. 

Mr.  Nathan  Johnson,  for  Stafford. 

Capt.  Hezekiah  Whittlesey,  Capt.  John  Murdock,  for    Say- 
brook. 

Mr.  Joseph  Strong  jun%  Mr.  Phineas  Strong,  for  Coventry. 

Mr.  Daniel  Booth,  Mr.  Jonathan  Booth,  for  Newtown. 

[34;')]   Capt.  Joshua  West,  Mr.  William  Williams,  for  Leb- 
anon. 

Mr.  Edward  Collins,  Mr.  Nathaniel  Terry,  for  Enfield. 

Mr.  Isaac  Johnson,  Mr.  Ebenezer  Smith  jun"",  for  Woodstock. 

Mr.  Samuel  Olmsted,  for  Ridgfield. 

Capt.  Theophilus  Morgan,  Mr.  Benjamin  Gale,  for  Killings- 
worth. 

Capt.  Samuel  Danielson,  for  Killingly. 

Mr.  Daniel  Sherman,  Col.  Benjamin  Hinman,  for  Woodbury. 

Capt.  Samuel  Moor,  for  Salisbury. 

Mr.  Samuel  Nash,  Mr,  Samuel  Pettibone,  for  Goshen. 

for  Symsbury. 

Mr.  John  Phelps,  for  Hebron. 

Col.  Elihu  Chauncey,  Capt.  James  Wadsworth,  for  Durham. 

Mr.    Charles    Whittlesey,   Capt.    Samuel    Hulls,   for    Wal- 
lingford. 

Mr.  William  Wolcott,  Capt.  Josiah  Bissell,  for  Windsor, 

Mr.  Seth  Wetmore,  Mr.  Matthew  Talcott,  for  Middleton. 

Mr.  Daniel  Brainard  jun"",  for  East  Haddam. 

Capt.  Richard  Wait,  for  Lyme. 

Mr.  Joseph  Sexton,  for  Somers. 

Capt.  Samuel  Basset,  Capt.  James  Wheeler,  for  Derby. 

Col.  Timothy  Stone,  Mr.  Edmond  Ward,  for  Guilford. 

Col.  Robert  Walker,  Mr.  Ichabod  Lewis,  for  Stratford. 

Capt.  Jabez  Sherwood,  for  Greenwich. 

Capt.  Elisha  Williams,  for  Weathersfield. 

Mr.  Simeon  Minor,  Capt.  John  Dennison,  for  Stonington. 

Capt.  Robert  Geer,  for  Groton. 

Mr.  James  Barker,  Capt.  William  Hoadly,  for  Branford. 

Mr.  William  Hall,  Mr.  Timotliy  Metcalf,  for  Mansfield. 

Mr.  Jabez  Swift,  Mr.  Nathan  Eliot,  for  Kent. 


480  PUBLIC  KECORDS  [March, 

Capt.    Elijah   Worthington.   Mr.    Dudley    Wright,   for    Col- 
chester. 
Capt.  Samuel  Kent,  Mr. William  King,  for  Suflfield. 
Mr.  Hezekiah  Brainai-il,  for  Haddam. 
Mr.  Amos  Babcock,  Capt.  Jedidiah  Fay,  for  Ashford. 

for  Voluntown. 
Mr.  Daniel  Catling,  for  Harwington. 

Capt.  Ja1)ez  Huntington,  Speaker  ]  of  the  House 

Mr.  Abraham  Davenport,  Clerk      \  of  Representatives. 

An  Act  for  raising  in  this  Colony  by  Bnlistmeiits  t"wentv-three  hundred 
Men  including'  Officers  and  for  giving  Directions  concerning  them  in 
Consequence  of  his  Maiesty's  Orders  relative  to  the  Services  of  the  cur- 
rent Year  and  for  making  Provisions  to  defray  the  Charges  arising 
thereby. 

Whereas  his  Honour  the  Governor  hath  laid  before  this 
Assemlily  a  letter  lately  received  from  the  Right  Hon^''^ 
William  Pitt,  one  of  his  Majesty's  principal  Secretaries  of 
State,  bearing  date  17th  December  1760,*  signifying  his 
Majesty's  havir.g  it  much  at  heart  to  prosecute  the  war  with 
vigour,  in  order  to  reduce  the  enemy  to  accept  of  peace  on 
terms  of  glory  and  advantage  to  his  crown  and  l:eneficial  in 
particular  to  his  subjects  in  America,  and  that  to  contribute 
to  this  great  and  essential  object  the  King's  pleasure  is  to  em- 
ploy such  part  of  the  regular  forces  in  North  America  as  may 
be  adequate  to  some  great  and  important  eiiterprize  against 
[346]  the  enemy ;  the  better  to  })rovide  for  the  ||  security  of 
his  dominions  and  the  possession  of  his  conquest  in  America 
during  their  absence,  that  this  Colony  raise  two-thirds  the 
numl)er  of  men  they  furnished  for  the  last  campaign,  to  be 
employ'd  as  his  Majesty's  Commander-in-Chief  shall  judge 
most  conducive  to  the  King's  service.  And  whereas  altho' 
this  Colony  is  much  weakened  and  exhausted  in  strength  and 
treasure  by  its  vigorous  exertion  in  several  former  campaigns, 
yet  still  zealous  for  his  Majesty's  service  and  animated  with 
the  agreeable  prospect  that  the  future  safety  and  welfare  of 
his  Majesty's  dominions  in  America  may  be  finally  fixed  in  this 
promising  and  decisive  crisis,  and  humbly  and  firmly  relying 
on  liis  Majesty's  gracious  encouragement  for  a  ju'opei'  compen- 
sation of  our  expences  incur r'd  by  this  further  exertion  of  our 
strength  for  his  service  in  this  important  conjuncture: 

2'his  Asaemhly  doth  therefore  enact  and  resolve,  and  it  Is 
hereby  eviaeted  and  resohwd,  That  all  necessary  provision  l)e 
made  for  levying,  cloathing  and  paying  twenty-three  hundred 
able-bodied  and  effective  men,  officers  included,  to  be  raised 
l)y  enlistments  with  all  possible  dispatch  within  this  Colony,  to 

*  Printed  in  New  Ymk  ColonidI  Doruments,  VII,  452;    A'.  /.  Colonial  Records, 
VI,  262. 


1761.]  OP    CONNECTICUT.  481 

march  to  such  place  or  places  in  North  America  as  his 
Majesty's  Commander-in-Chief  shall  appoint,  to  be  imployed 
under  the  supreme  command  of  his  Majesty's  said  Commander- 
in-Chief  in  America  in  such  manner  as  he  shall  judge  most 
conducive  to  the  King's  service,  in  order  the  better  to  provide 
for  the  full  and  entire  security  of  his  Majesty's  dominions  in 
North  America,  and  particularly  of  the  possession  of  his 
Majesty's  conquest  there,  during  the  absence  of  such  part  of 
the  regular  forces  as  may  be  adequate  to  some  great  and  im- 
poi'tant  enterprize  which  the  King  may  have  formed  against 
the  enemy. 

That  the  said  twenty-three  hundred  men  to  be  raised  as 
aforesaid  shall  be  divided  and  formed  and  the  same  are  here- 
by ordered  to  be  formed  into  two  regiments,  each  regiment  to 
consist  of  twelve  companies  ;  and  that  for  each  regiment  be 
appointed  one  colonel,  one  lieutenant-colonel,  one  major,  one 
chaplain,  one  surgeon  and  one  surgeon's  mate,  an  adjutant,  a 
quarter-master,  an  armourer  and  an  armourer's  mate,  a  ser- 
geant-major and  a  drum-major;  and  for  each  company  one 
captain,  two  lieutenants,  one  ensign,  four  sergeants,  four  cor- 
porals, a  drummer  and  a  clerk,  and  that  each  of  the  field 
officers  have  also  the  command  of  a  company  as  captain  there- 
of. And  the  Governor  or  Commander-in-Chief  is  desired  as 
soon  as  may  be,  to  give  orders  to  the  several  inlisting  officers 
to  raise  by  inlistments  with  the  utmost  dispatch  the  levys  for 
filling  up  and  compleating  the  respective  regiments  and  com- 
panies for  the  purpose  aforesaid,  and  that  especially  as  his 
Majesty's  commands  signified  in  the  letter  of  his  Secretary  as 
aforesaid  have  unhappily  failed  to  arrive  till  the  season  is  now 
far  advanced. 

And,  to  induce  both  officers  and  men  chearfully  voluntarily 
and  speedily  to  engage  and  inlist  in  this  service,  this  Assembly 
doth  resolve  and  grant,  That  each  enlisting  officer  shall  re- 
ceive for  every  able-bodied  man  by  him  enlisted  who  shall 
pass  muster,  the  sum  of  five  shillings  as  a  reward  for  that 
service  and  expence  therein,  and  that  every  able-bodied  man, 
as  well  non-commission  officer  as  private  soldier,  who  hath 
been  in  the  service  in  either  of  the  former  campaigns  during 
the  present  war,  who  shall  voluntarily  inlist  for  this  service 
in  either  of  the  regiments  aforesaid  and  shall  provide  himself 
with  suitable  cloaths,  a  powder-horn  and  shot-bag,  to  the  ac- 
ceptance of  the  muster-master,  shall  on  his  being  mustered 
be  intituled  to  receive  the  sum  of  eleven  pounds  in  bills  of 
this  Colony ;  and  every  other  able-bodied  man  who  shall  vol- 
untarily inlist  into  the  service  as  aforesaid  and  shall  furnish 

61 


482  PUBLIC  RECORDS  [March, 

himself  with  cloathing  &c.  as  aforesaid,  on  his  being  mustered 
shall  be  intituled  to  receive  as  a  bounty  the  sum  of  seven 
pounds  in  bills  as  aforesaid ;  and  each  man  inlisting  on  either 
of  said  encouragements  shall  be  paid  as  a  further  bounty 
thirty-five  shillings,  bills  as  aforesaid,  for  the  purpose  of  pro- 
[347]  curing  a  lapelled  coat  for  said  ||  service.  And  in  case 
any  shall  not  properly  furnish  himself  with  all  the  articles 
aforesaid,  his  captain  shall  supply  him  or  them  therewith  out 
of  the  said  wages  and  bounty  and  then  pay  him  or  them  tlie 
remainder,  if  any  be.  And  for  a  further  encouragement  to 
both  officers  and  soldiers,  they  and  each  of  them  shall  receive 
a  blanket  and  knapsack  suitable  for  the  service,  to  be  deliv- 
ered in  the  most  convenient  place  or  places,  and  shall  have 
one  month's  pay  advanced  before  they  march  out  of  the 
Colony. 

Atid  be  it  further  resolved  and  enacted,  That  the  pay  of 
both  officers  and  private  soldiers  in  the  ensuing  campaign 
shall  be  the  same  as  Avas  fixed  and  stated  for  the  last,  accord- 
ing to  the  ranks  they  shall  respectively  sustain:  such  pay  to 
begin  on  the  day  of  their  engaging  or  inlisting  in  the  service, 
and  to  continue  during  their  continuance  therein.  And  that 
they  shall  be  discharged  from  the  same  as  soon  as  his 
Majesty's  service  will  admit,  and  not  be  holden  beyond  the 
last  day  of  November  next.  And  his  Honour  the  Governor 
is  desired  to  issue  his  proclamation  for  acquainting  them 
with  the  several  encouragements  given  for  inducing  men  to 
engage  and  enter  into  this  great  and  salutary  service  for  their 
King  and  country. 

And  whereas  large  sums  of  money  will  be  necessary  for 
the  purposes  aforesaid,  which  the  public  treasury  exhausted 
by  the  large  expences  occasioned  in  several  late  campaigns  is 
wholly  unable  at  present  to  suj)ply :    Therefore, 

Be  it  further  enacted,  That  there  be  foiihwith  imprinted 
the  sum  of  forty-five  thousand  pounds  in  bills  of  credit  on 
this  government  equal  to  lawful  money,  of  suital)le  denom- 
inations from  nine  pence  to  forty  shillings,  as  the  committee 
herein  appointed  shall  direct,  and  of  the  same  tenor  of  the 
emissions  of  bills  of  credit  of  this  Colony,  with  interest  at 
five  per  cent,  per  annum,  payable  at  or  before  the  26th  day  of 
March  1766,  dated  the  day  of  the  session  of  this  Assembly. 
And  the  Hon'^'e  William  Pitkin,  Esq"",  John  Chester,  George 
Wyllys  and  Daniel  Edwards,  Esqf^  or  any  three  of  them,  are 
appointed  a  committee  for  the  purpose  aforesaid,  and  to  take 
care  that  said  bills  be  printed  with  all  convenient  speed,  and 
to  sign  the  same  and  deliver  over  to  the  Treasurer,  taking  his 
receipt  therefor.     And  the  said  committee  shall  be  sworn  to 


i 


1761.]  OF    CONNECTICUT.  483 

a  faithful  discharge  of  their  said  trust.  And  the  Treasurer  is 
hereby  directed  to  pay  out  all  the  aforesaid  bills  with  the  in- 
terest computed  thereon  according  to  the  orders  of  this  As- 
sembly. 

»And  for  providing-  and  establishing  an  ample  and  sufficient 
fund  to  call  in,  sink  and  discharge  tiie  aforesaid  sum  of  forty- 
five  thousand  pounds,  according  to  an  act  of  Parliament  made 
in  the  24th  year  of  his  late  Majesty's  reign,  entituled  An  act 
to  regulate  and  restrain  paper  bills  of  credit  in  his  Majesty's 
Colonies  of  Rhode  Island  and  Providence  Plantations,  Con- 
necticut, the  Massachusets  Bay  and  New  Hampshire  in 
America,  and  to  prevent  the  same  being  legal  tenders  in  pay- 
ment of  money, 

Be  it  enacted^  That  a  tax  of  five  pence  on  the  pound  be 
and  is  hereby  granted  and  ordered  to  be  levied  on  all  the  polls 
and  rateable  estate  in  this  Colony  according  to  the  list  there- 
of to  he  brought  in  to  this  Assembly  in  October  1762,  with 
the  additions,  which  shall  be  collected  and  paid  into  the 
treasury  of  this  Colony  by  the  last  day  of  December  1768 ; 
and  also  that  a  tax  of  seven  pence  on  the  pound  be  and  is 
hereby  granted  and  ordered  to  be  levied  on  all  the  polls  and 
rateable  estate  in  this  Colony  according  to  the  list  thereof  to 
be  brought  in  to  this  Assembly  in  October  1764,  with  the 
additions,  which  shall  be  collected  and  paid  into  the  treasury 
of  this  Colony  by  the  last  day  of  December  1765 ;  which  taxes 
may  l)e  discharged  by  paying  the  bills  emitted  by  this  act  or 
lawful  monev,  and  no  otherwise.  And  the  Treasurer  of  this 
Colony  is  hereby  directed  and  ordered  to  send  forth  his  war- 
rants for  collecting  the  aforesaid  taxes  accordingly. 

[848]  And  whereas  ||  this  Assembly  humbly  relies  on  a 
reimbursement  of  the  charges  arising  from  this  present  in- 
tended expedition,  in  consequence  of  his  Majesty's  royal  en- 
couragement to  recommend  the  same  to  Parliament,  and  the 
money  therefor  may  be  expected  before  the  time  appointed 

I  for  collecting  the  taxes  aforementioned :  Therefore, 
Be  it  enacted  by  the  authority  aforesaid,  That  in  case  a 
sum  sufficient  for  sinking  and  discharging  the  bills  emitted 
by  this  act  shall  be  reimbursed  and  shall  arrive  from  Great 
Britain  and  be  lodged  in  the  treasury  of  this  Colony,  or  shall 
be  otherwise  paid  before  the  Treasurer  shall  have  been 
obliged  according  to  the  direction  of  this  act  to  send  out  his 
warrants  to  collect  the  taxes  aforesaid,  then  and  in  that  case 
the  same  shall  be  and  is  hereby  appropriated  for  sinking  and 
discharging  the  bills  aforesaid,  and  the  Treasurer  is  hereby 
directed  to  govern  himself  and  pay  out  the  same  accordingly, 


484  PUBLIC  RECORDS  [Marcli, 

and  the  taxes  which  otherwise  by  this  act  before  ordered  to 
be  collected  are  hereby  made  null  and  void. 

And  wliereas  a  further  supply  of  the  treasury  is  necessary 
to  be  made,  in  order  to  pay  the  men  raised  on  the  present 
occasion  upon  their  return:  Therefore  this  Assembly  grants 
and  orders  a  rate  or  tax  of  four  pence  on  the  pound  on  all  the 
polls  and  rateable  estate  in  this  Colony  according  to  the  list 
thereof  brought  into  this  Asseml)ly  in  October  last  with  the 
additions,  to  be  collected  and  paid  by  the  last  day  of  Decem- 
ber next  in  lawful  money  or  bills  of  credit  of  this  Colony,  and 
the  Treasurer  is  hereby  directed  to  send  out  his  warrants 
accordingly. 

And  it  is  further  resolved  and  'ordered.  That  whenever 
any  paymaster  of  the  money  due  on  settlem.ent  of  any  pay- 
roll of  any  of  the  companies  employ'd  in  the  service  of  the 
current  year-  shall  liave  obtained  order  on  the  Treasurer 
therefor  and  the  same  exhibited  for  payment,  the  Treasurer 
may  on  sight  make  out  orders  on  the  constables  collectors  of 
the  public  tax  in  such  town  or  towns  whence  the  soldiers 
named  in  such  rolls  were  collected,  or  that  may  be  most  con- 
venient to  facilitate  the  payment  to  be  made,  to  such  pay- 
master or  his  order  in  such  town  or  towns  to  the  amount  of 
such  pay-roll,  or  such  part  thereof  as  shall  be  needful,  which 
orders  such  collectors  are  directed  to  answer  in  such  manner 
as  may  be  most  practicable  and  satisfactory.  And  the  Treas- 
urer is  also  directed  to  keep  clear  accounts  of  all  such  orders, 
and  see  that  each  constable  either  by  money  or  return  of  such 
orders  duly  discharged  seasonably  settle  and  make  up  his 
accounts  with  him  according  to  law. 

This  Assembly  do  appoint  Phineas  Lyman,  Esq"",  to  be 
Colonel  of  the  first  regiment  in  the  forces  to  l»e  raised  in  this 
Colony  for  the  service  of  the  current  year. 

This  Assembly  do  appoint  Nathan  Payson,  Esq"",  to  be 
Lieutenant-Colonel  of  the  first  regiment  in  the  forces  to  be 
raised  in  this  Colony  for  the  service  of  the  current  year.* 

This  Assembly  do  appoint  John  Durkee,  Esq'",  to  be  Major 
of  the  first  regiment  in  the  forces  to  be  raised  in  this  Colony 
for  the  service  of  the  currerit  year. 

This  Assembly  do  appoint  Nathan  Whiting,  Esq%  to  be 
Colonel  of  the  second  regiment  in  the  forces  to  be  raised  in 
this  Colony  for  the  service  of  the  current  year. 

This  Assembly  do  appoint  James  Smedley,   Esq",   to  be 

*Lt.  Col.  Nathan  Payson  died  at  Hartford  April  17,  1761,  in  his  41sr  yc.nr. 
His  place  was  supplied  by  Israel  Putnam,  who  had  been  nominated  by  the 
Lower  House  as  Lt.  Colonel  of  the  2d  regiment.     War,  ix,  120. 


1T61.]  OF    CONNECTICITT.  485 

Lieutenant-Colonel  of  the  second  regiment  in  the  forces  to  be 
raised  in  this  Colony  for  the  service  of  the  current  year. 

This  Assembly  do  appoint  David  Baldwin,  Esq"",  to  be 
Major  of  tlie  second  regiment  in  the  forces  to  be  raised  in  this 
Colony  for  tiie  service  of  tlie  cui-rent  yeai-.* 

This  Assembly  do  appoint  Phineas  Lyman,  Esq^  Colonel 
of  the  first  regiment,  and  Captain,  Seth  King  Captain-Lieu- 
tenant,! Elihu  Humphry  Lieutenant,  Ozias  Bissell  Ensign, 
of  the  first  company. 

[349]  Nathan  Payson,  Lieutenant-Colonel,  and  Captain, 
John  Thacher  1st  Lieutenant,  David  Andruss  2d  Lieutenant, 
Josiah  Clark  Ensign,  of  the  ^d  company. 

John  Durkee  Major,  and  Captain,  Jehiel  Peck  1st  Lieuten- 
ant, John  Griswold  2d  Lieutenant,  Elihu  Hide  Ensign,  of  the 
•id  company. 

John  Patterson  Captain,  Solomon  Wills  1st  Lieutenant, 
Francis  Hollister  2d  Lieutenant,  Jonathan  Robbins  junr  En- 
sign, of  the  4th  com})any. 

John  Stanton  Captain,  William  Roe  Miner  1st  Lieutenant, 
James  Brown  2d  Lieutenant,  William  Dennison  jun""  Ensign, 
of  the  5th  company. 

Timothy  Hierlehey  Captain,  Jonathan  Johnson  1st  Lieu- 
tenant. Stephen  White  2d  Lieutenant,  William  Thompson 
Ensign,  of  the  6th  company. 

David  Parsons  Captain, |  John  Ordovvay  1st  Lieutenant, 
John  Strong  jun""  2d  Lieutenant,  Joseph  Booth  jun^  Ensign, 
of  the  7th  company. 

Zebulon  Butler  Captain,  James  Chapman  jun""  1st  Lieuten- 
ant, Fithin  Sill  2d  Lieutenant,  Isaac  Thompson  Ensign,  of 
the  8th  company. 

John  Ellsworth  jun""  Captain,§  Levi  Wells  1st  Lieutenant, 
Moses  Hall  2d  Lieutenant,  James  Sparrow  Ensign,  of  the  9th 
company. 

Robert  Durkee  Captain,  Josiah  Smith  1st  Lieutenant, 
William  Cleveland  2d  Lieutenant,  Thomas  Knowlton  Ensign, 
of  the  10th  company. 

Hugh  Ledlie  Captain,  Peter  Levens  1st  Lieutenant,  Josiah 
Morse  2d  Lieutenant,  Samuel  Mott  Ensign,  of  the  11th 
company. 

John   Spaulding  Captain,   Hezekiah  Smith  1st  Lieutenant, 


*  Moses  Park  was  quarter-master  of  the  first  regiment  and  Daniel  Moulton  of 
the  second.      War,  ix,  220,  223. 

t  Koger  Enos  served  as  t-aptain-lieutenant  of  this  company  and  adjutant  of  the 
regiment.      War,  ix,  217. 

I  Seth  King  sei-ved  as  captain  of  this  company.      War,  ix,  210. 

§  Giles  Wolcott  served  as  captain  of  this  company.      War,  ix,  193. 


486  PUBLIC  RECORDS  [March, 

Elijah  Sharp  2d  Lieutenant,  John  Smith  jun""  Ensign,  of  the 
12th  company. 

Nathan  Whiting,  Esq^,  Colonel  of  the  second  regiment,  and 
Captain,  Abraliam  Foot  Captaiii-Lieutenant,  Joel  Mnnson 
jun''   Lieutenant,  Samuel  Adams  Ensign,  of  the  1st  company. 

[;')50]  James  Smedley,  Esq"",  Lieutenant-Colonel,  and  Cap- 
tain, Noble  Benedict  1st  Lieutenant,  Abel  Prindle  2d  Lieuten- 
ant, Stephen  Thorp  Ensign,  of  the  2d  company.* 

David  Baldwin,  Esqf,  Major,  and  Captain,  James  Arnold 
1st  Lieutenant,  Daniel  Chatfield  2d  Lieutenant,  John  Perrit 
Ensign,  of  the  3d  company. 

Samuel  Whiting  Captain,  Nathan  Tibbalds  1st  Lieutenant, 
Anthony  Carpenter  2d  Lieutenant,  James  Stewart  Ensign,  of 
the  4th  company. 

Eldad  Lewis  Captain,!  Josiah  Stow  1st  Lieutenant,  Abner 
Curtice  2d  Lieutenant,  Oliver  Welton  Ensign,  of  the  5th 
company. 

Thomas  Hobby  Captain,  Jabez  Hall  1st  Lieutenant,  Moses 
Smith  jun""  2d  Lieutenant,  Joseph  Stebbins  Ensign,  of  the 
6th  company. 

Amos  Hitchcock  Captain,  Daniel  Griswold  1st  Lieutenant, 
Timothy  Percival  2d  Lieutenant,  Theophilus  Redfield  Ensign, 
of  the  7th  company. 

Azel  Fitch  Captain,  David  Woodward  1st  Lieutenant,  Eli- 
phalet  Wells  2d  Lieutenant,  Thomas  Sumner  Ensign,  of  the 
8th    company. 

Thomas  Pierce  Captain,  Abraham  Tyler  jun''  1st  Lieuten- 
ant, Abner  Hill  2d  Lieutenant,  Abraham  Sherman  Kimberly 
Ensign,  of  the  9th  company. 

Samuel  Elmor  Captain,  Ashbel  Humphry  1st  Lieutenant, 
Samuel  Hide  2d  Lieutenant,  Jesse  Stephens  Ensign,  of  the 
10th  company. 

Archibald  MacNeale  Captain,  Isaac  Morse  1st  Lieutenant, 
Ely  Catling  2d  Lieutenant,  "Reuben  Bostwick  Ensign,  of  the 
11th  company. 

Joseph  floit  Captain,  Levi  Taylor  1st  Lieutenant,  Abraham 
Merwin  2d  Lieutenant,  Matthew  Mead  Ensign,  of  the  12th 
company,  in  the  forces  now  ordered  to  be  raised  for  the 
service  of  the  ensuing  campaign,  and  desire  they  may  be 
commissioned  accordingly.  And  in  case  any  of  the  above- 
named  persons  shall  refuse,  his  Honour  the  Governor  is 
hereby  desired  to  supply  such  vacancy  and  give  commissions 
accordingly. 

*  Benjamin   Summers  served  as  2d  lieutenant  and  David  Rumsey  as  Ensign 
of  this  company.      War,  ix,  215. 
tJabez  Thompson  served  as  captain  of  this  company.     War,  ix,  194. 


1761.]  OF    CONNECTICUT.  487 

[851]  This  Assembly  do  appoint  the  Revd  George  Beckwith 
of  Lyme  Chaplain  of  the  first  regiment,  the  Rev^  Mark  Levings- 
wcn-tii  of  Waterbury  Chaplain  of  the  2d  regiment,*  in  the 
forces  to  be  raised  in  this  Colony  for  the  service  of  the 
current  year. 

This  Assembly  do  appoint  Mr.  Gideon  Wells  of  Fairfield 
Surgeon,  Mr.  Philip  Turner  of  Norwich  Surgeon's  Mate,  of 
the  first  regiment  ;  Mr,  Gershom  Dorrance  of  Voluntown 
Surgeon,  Mr.  Jonah  Todd  of  New  Milford  Surgeon's  Mate,t  of 
the  second  regiment,  in  tlie  forces  to  be  raised  'in  this 
Colony  for  the  service  of  the  current  year. 

This  Assembly  do  appoint  Hezekiah  Huntington,  Jabez 
Hamlin,  John  Hubbard,  and  Theophilus  Nichols,  Esq''^  Com- 
missaries to  provide  blankets,  knapsacks,  hospital  stores  and 
other  things  i)roper  for  them  to  provide  for  the  forces  ordered 
by  this  Assembly  to  be  raised  for  his  Majesties  service  the 
current  year;  and  the  Committee  of  the  Pay-Table  are 
hereby  ordered  to  draw  on  the  Treasurer  of  this  Colony  for 
such  sums  of  money  as  shall  be  necessary  for  the  purposes 
abovesaid. 

An  Act  for  securing  of  Soldiers  listed  and  taken  into  his  Majesties  Ser- 
vice from  Arrests. 

Whereas  a  number  of  troops  may  be  raised  in  this  Colony 
for  his  Majesty's  service  who  may  be  liable  to  be  taken  out  of 
such  service  by  unjust  or  fraudulent  arrests,  whereby  his 
Majesty  and  the  public  may  be  deprived  of  their  service: 
Which  to  prevent, 

Be  it  enacted  by  the  Grovernor^  Council  and  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  no  person  whatsoever,  who  is  duly  enlisted  or  shall  so 
list  and  enter  himself  a  volunteer  or  sliall  be  impressed  into 
his  Majesty's  service  during  the  continuance  of  this  act,  shall 
be  liable  to  be  taken  out  of  his  Majesty's  service  by  any 
process  or  execution  other  than  for  some  criminal  matter, 
unless  for  a  real  debt  or  other  just  cause  of  action  arisen 
before  their  entry  into  such  service,  and  unless  before  the 
taking  out  of  such  process  or  execution,  not  being  for  a 
criminal  matter,  the  plaintiff  or  plaintitfs  therein,  or  some 
other  person  or  persons  on  his  or  their  behalf,  shall  make 
oath  before  the  authority  or  officer  granting  such  process  or 
execution,  who  are  impowered  to  administer  the  same,  or 
before  some  other  proper  authority,  that  to  his  or  their  knowl- 
edge the  original  sum  justly  due  or  owing  to  the  plaintiff  or 

*  Rev.  William  Cooke,  Y.  C.  1747,  sei-ved  as  chaplain  of  this  regiment  and  died 
in  service.      Wtir,  ix,  218. 

t  Nehemiah  Clark  served  in  this  office.      War,  ix,  22 1 . 


488  PUBLIC    RECORDS  [March, 

plaintiffs  from  the  defendant  or  defendants  in  tlie  action  or 
cause  of  action  on  which  such  process  or  execution  shall  issue 
amounts  to  the  value  of  ten  pounds  sterling  at  least,  a  memo- 
randum of  which  affidavit  shall  be  entered  on  the  back  of 
such  process  or  execution.  And  if  any  person  shall  be 
arrested  contrary  to  the  intent  of  this  act,  it  shall  and  may  be 
lawful  for  any  one  Assistant  and  one  justice,  or  two  justices 
(^quorum  unus,}  upon  complaint  made  thereof  by  the  party 
himself  or  by  any  of  his  superior  officers,  to  examine  into  the 
same  by  the  oath  of  the  parties  or  otherwise,  and  by  warrant 
under  their  hands  to  discharge  such  soldier  so  arrested  con- 
trary to  the  intent  of  this  act,  upon  due  proof  made  before 
them  that  such  soldier  so  arrested  was  legally  inlisted  or 
impressed  as  a  soldier  into  his  Majesty's  service  and 
arrested  contrary  to  the  intent  of  this  act,  and  to  award 
reasonable  costs  to  the  party  complaining,  and  grant  excu- 
tion  therefor  accordingly. 

Provided  nevertheless^  Tliat  nothing  in  this  act  shall  be 
construed  to  extend  to  prohibit  or  hinder  any  process  or 
execution  going  out  against  the  estate  of  sucli  soldiers  in  due 
form  of  law. 

This  Act  to  continue  in  force  till  the  end  of  the  sessions  of 
this  Assembly  in  October  next. 

[352]  Wliereas  it  is  represented  to  this  Assembly  by  sun- 
dry of  the  soldiers  who  served  in  the  last  campaign  in  the 
pay  of  this  Colony,  that  the  sutlers  or  traders  who  attended  the 
regiments  raised  by  this  Colony  demand  exorbitant  prices  for 
such  articles  as  they  delivered  to  the  soldiei's  in  the  army  ; 
that  sundry  law-suits  have  been  and  many  more  are  likely  to 
be  commenced  against  the  soldiers  for  i-ecovery  of  said 
demands,  by  which  the  soldiers  are  liable  to  be  greatly  dis- 
ti'essed  unless  said  accounts  be  settled  in  a  more  summary 
way  ;  praying  for  relief  &c.,  as  per  memorial  on  file  : 

Mesolved  by  this  Assembly^  That  the  sutlers  or  traders 
who  attended  the  troops  of  this  Colony  in  the  last  campaign 
be  notified  to  appear  before  the  General,  Assembly  of  this 
Colony  to  be  holden  at  Hartford  on  the  second  Thursday  of 
May  next,  to  shew  reason,  if  any  they  have,  why  their  said 
accounts  should  not  be  examined  in  some  proper  manner  and 
a  just  and  reasonable  price  be  fixed  for  each  kind  of  article  in 
their  said  accounts  before  payment  thereof  be  made. 

It  is  also  further  resolved  by  this  Assembly,  That  all  suits  that 
are  or  may  be  commenced,  relative  to  the  matters  aforesaid, 
shall  be  continued  or  adjourned  till  after  the  sessions  of  this 
Assembly  in  May  next ;  and  that  the  Secretary  of  this  Colony  is 


1761.]  OF    CONNECTICUT.  489 

hereby  directed  to  cause  a  copy  of  this  resolve  to  be  published 
in  the  public  news-papers  at  New  Haven  and  New  London, 
whicli  publication  shall  be  sufficient  notice  to  said  sutlers  or 
traders  to  appear  accordingly. 

This  Assembly  .doth  apiJoint  Col.  Samuel  Talcott  to  be  of 
the  Committee  of  the  Pay -Table,  in  the  room  of  Josej)h  Buck- 
ingham, Es(i'',  deceased. 

This  Assembly  do  appoint  Daniel  Edwards,  Esq'',  to  be 
Judge  of  the  Court  of  Probate  for  the  district  of  Hartford 
until  the  first  day  of  June  next. 

This  Assembly  advise  and  desire  his  Honour  the  Governor, 
as  early  as  may  be,  make  public  his  Majesty's  most  gracious 
proclamation  for  encouragement  of  piety  and  virtue  and  the  sup- 
pression of  vice  and  immorality,  and  therewith  issue  his  proc- 
lamation, earnestly  and  strictly  enjoyning  and  enforcing  all 
persons  to  exert  themselves  to  the  same  great  and  important 
purpose  throughout  this  Colony :  especially  ordering  and 
directing  the  I'eading  thereof  in  all  our  ecclesiastical  societies 
on  the  Sabbaths  next  preceding  the  first  Mondays  in  the 
months  of  January  and  June  annually. 

Resolved  hy  this  Assembly^  That  the  books  of  Heads  of 
Agreement  and  Articles  of  Discipline  &c.,  called  the  Say- 
brook  Platform,  in  the  hands  of  Mr.  Timothy  Green  of  New 
London,  printer,  according  to  the  act  of  the  General  Assem- 
bly in  October  1759,  be  distributed  and  sent  to  each  and  every 
of  the  towns  in  this  Colony  in  proportion  to  their  several  lists 
in  the  year  1760,  and  that  Pygan  Adams  and  Jeremiah 
Miller,  Esq^^,  of  New  London,  be  appointed  and  they  are 
hereby  impowered  and  desired,  to  proportion  said  books  as 
aforesaid,  and  bind  up  each  town's  proportion  in  a  several 
bundle,  and  severally  fix  thereon  the  name  of  the  town  to 
which  it  belongs  and  number  of  books  therein  contained,  and 
use  their  endeavour  that  in  the  easiest  manner  each  town 
receive  their  proportion,  either  by  delivering  them  immediately 
according  to  the  order  of  such  town,  or  by  sending  them  to  the 
sheriffs  of  the  several  counties  whereto  such  towns  belong,  to 
be  by  such  sheriffs  delivered  out  to  such  towns  or  their 
order. 

[353]  This  Assembly  considering  the  extraordinary  price 
foreign  coins  now  bear  in  England,  and  also  that  the  demand 
for  and  value  of  bills  of  exchange  have  of  late  greatly 
increased  here,  find  it  will  be  more  for  the  interest  and  advan- 
tage of  this  Colony  that  the  whole  of  the  money  granted  and 
that  is  or  may  be  paid  this  Colony  on  account  of  the  services 
62 


490  PUBLIC   RECORDS  [March, 

done  in  the  year  1759,  be  lodged  in  some  secure  bank  in 
London,  to  be  drawn  out  by  bills  of  exchange,  than  that  part 
thereof  should  be  sent  over  in  specie  pursuant  to  the  directions 
contained  in  a  resolve  of  the  General  Assembly  of  this  Colony 
held  in  October  last :  Whereupon  it  is  resolved  by  this 
Assembly,  that  Richard  Jackson  and  Jared  Ingersoll,  Esqf^ 
Agents  for  this  Colony  who  are  impowered  joyntly  or  severally 
to  receive  all  such  money  as  is  granted  and  is  or  may  be  dis- 
tributed and  ordered  to  be  paid  this  Colony  on  account  of  the 
aforesaid  services,  be  and  they  or  either  of  them  are  hereby 
directed,  (the  aforesaid  resolve  of  the  Assembly  in  October 
last  notwithstanding,)  on  receipt  of  such  money  to  lodge  the 
whole  thereof  in  some  secure  bank  in  London  for  safety,  in 
the  name  and  for  account  of  this  Colony,  to  be  drawn  out  by 
the  Agent  or  Agents  for  this  Colony  for  the  time  being,  and 
by  the  first  good  opportunity  to  inform  thereof.  And  they  or 
either  of  them  are  further  directed  to  pay  out  of  the  same  all 
such  bills  of  exchange  as  may  be  drawn  on  them  or  either  of 
them  by  his  Honour  the  Governor  in  favour  of  any  person  or 
persons  whomsoever. 

Whereas  it  was  resolved  by  this  Assembly  in  October  last 
that  seventeen  thousand  pounds  sterling  of  the  money  granted 
and  that  is  or  may  be  distributed  and  paid  to  this  Colony  for 
the  services  done  in  the  year  1759,  should  when  received  by 
the  Agent  or  Agents  of  this  Colony  be  sent  over  to  the  Colony 
in  specie :  And  whereas  this  Assembly  in  said  October 
appointed  the  Hon'j'^  William  Pitkin,  Esq"",  John  Chester  and 
George  Wyllys,  Esq=^s^  a  committee,  they  or  any  two  of  them, 
to  sell  seventeen .  thousand  pounds  sterling  of  tlie  money 
granted  for  tlie  services  aforesaid  for  the  full  value  thereof  in 
silver,  gold,  or  bills  of  credit  of  this  Colony  emitted  by  act 
of  Assembly  in  March  1759,  to  any  person  or  persons  that 
should  appear  to  pay  the  value  thereof  as  aforesaid  into  the 
treasury  of  this  Colony  : 

It  is  now  further  resolved  by  this  Assembly,  That  upon 
certain  intelligence  being  had  that  said  money  is  received  by 
the  Agent  or  Agents  of  this  Colony  in  England,  and  that  notice 
of  a  resolve  of  this  Assembly  passed  at  the  present  session 
directing  said  Agents  on  receipt  of  such  money,  (the  afore- 
said resolve  in  October  notwithstanding,)  to  lodge  the  whole 
thereof  in  some  secure  bank  in  London  for  safety,  in  the 
name  and  for  account  of  this  Colony,  hath  been  received  by  said 
Agents  before  they  have  shipped  and  sent  away  the  money 
ordered  to  be  sent  in  October  last,  as  aforesaid,  the  aforesaid 
committee  shall  sell  thirty-four  thousand  pounds  sterling  of 


1761.]  OF    CONNECTICUT.  491 

said  money,  inclusive  of  the  seventeen  thonsand  pounds 
ordered  to  be  sold  in  October  last  as  aforesaid,  in  manner  and 
form  as  is  directed  by  the  said  act  of  this  Assembly  in  that 
case  made,  made  in  October  last ;  and  his  Honour  the  Gov- 
ernor is  hereliy  desired  and  fully  impowered  to  draw  proper 
bills  of  exchange  on  the  said  Agents,  or  either  of  them,  in 
favour  of  such  purchaser  or  purchasers  for  such  sum  or  sums 
purchased  as  aforesaid  accordingly. 

Upon  the  memorial  of  Peter  Finch,  of  Stamford  in  the 
county  of  Fairfield,  shewing  to  this  Assembly  that  he  listed  in 
the  provincial  forces  of  this  Colony  the  last  campaign,  under 
[854]  the  command  of  Capt.  ||  Thaddeus  Mead,  and  went 
with  said  forces  as  far  as  Oswegatchie,  where  sometime  in 
August  last  he  being  in  the  trenches  had  his  right  hand  shot 
off  by  a  ball  shot  from  the  enemies  cannon,  by  means  of 
which  he  is  wholly  rendered  unable  to  perform  any  common 
labour,  having  lost  the  use  of  his  said  hand,  and  that  he  hath 
but  a  very  small  interest  to  relieve  him  under  his  lame  and  diffi- 
cult circumstances  ;  praying  this  Assembly  to  grant  him  some 
proper  help  and  assistance,  in  some  measure  to  compensate 
the  loss  he  hath  thus  unhappily  sustained  :  This  Assembly 
doth  grant  to  the  said  memorialist  fifty  pounds,  to  be  paid 
out  of  the  public  treasury  unto  James  Finch  of  Stamford 
aforesaid,  (guardian  to  the  said  memorialist,)  for  the  use  of 
the  said  memorialist ;  and  the  Treasurer  of  this  Colony  is 
ordered  to  pay  the  same  accordingly. 

Upon  the  memorial  of  Thankful  Parker  of  Wallingford, 
administratrix  of  the  estate  of  Eliphalet  Parker  late  of  said 
Wallingford,  deceased,  shewing  that  the  debts,  charges  &c. 
allowed  by  the  court  of  probate  for  the  district  of  New  Haven 
due  from  said  estate  surmount  the  moveable  estate  the  sum 
of  £18  Is,  2id. ;  praying  to  be  impowered  to  sell  real  estate  to 
pay  the  same  :  Resolved  by  this  Assembly,  that  the  memo- 
rialist be  and  she  is  hereby  impowered  to  sell  so  much  of  the 
real  estate  of  the  said  Eliphalet  Parker,  deceased,  as  shall  be 
sufficient  to  pay  said  sum  of  X18  Is.  2id.  lawful  money, 
together  with  the  incident  charges  of  such  sale  ;  taking  direc- 
tion of  the  court  of  probate  for  the  district  of  New  Haven 
therein. 

Upon  the  memorial  of  Jedidiah  Harris,  of  Saybrook  in  New 
London  county,  administrator  on  the  estate  of  Stephen  Harris 
late  of  said  Saybrook,  deceased,  representing  to  this  Assem- 
bly that  the  debts  due  from  the  estate  of  said  deceased,  to- 
gether with  charge  of  administration,  surmount  the  inventory 
of  the  personal  estate  of  said  deceased  the  sum  of  £92  Os.  Od. 


492  PUBLIC   RECORDS  [May, 

lawful  money  ;  praying  that  this  Assembly  would  grant  to 
said  memorialist  liberty  to  make  sale  of  so  much  of  the  real 
estate  of  said  deceased  as  shall  be  sufficient  to  raise  said  sum 
with  the  incident  cliarges  of  sale  :  Resolved  by  this  Assem- 
bly, that  the  memorialist  have  liberty,  and  liberty  is  hereby 
granted  to  said  memorialist,  to  make  sale  of  so  much  of  the 
real  estate  of  said  deceased  as  shall  be  sufficient  to  raise  said 
sum  of  X92  Os.  Od.  lawful  money,  with  the  incident  charges 
of  sale,  and  the  memorialist  is  hereby  irapowered  and  ap- 
pointed to  make  sale  thereof,  taking  the  direction  of  the 
court  of  probate  for  the  district  of  Guilford  therein. 

Teste  George   Wyllys  Secret' ry. 


[355]  Anno  Regni  Regis  Greorgii  tertii  primo. 

At  a  General  Assembly  of  the  Governor  and  Company  of 
HIS  Majesty's  English  Colony  of  Connecticut  in  New 
England  in  America  holden  at  Hartford  in  said  Colony 
ON  the  second  Thursday  of  May  (^being  the  fourteenth 

DAY  OF    said  month)    AND  CONTINUED  BY    SEVERAL    ADJOURN- 
MENTS UNTIL    THE  TENTH  DAY  OF    JUNE  NEXT    FOLLOWING,  AN- 

NOQUE  Domini  1761. 

Present  : 

The  Honourable  Thomas  Pitch,  Esq'',  Governor. 

The  Hon''!'"  William  Pitkin,  Esq^  Deputy  Gfovernor. 
Jonathan  Trumble,  Daniel  Edwards,  ^ 

Hezekiah  Huntington,  Jabez  Hamlin,       i    Esq''^ 

Andrew  Burr,  Shubael  Conant,    [   Assistants. 

Benjamin  Hall,  j 

Representatives  or  Deputies  who  attended  this  Assembly,  are 

as  follows,  viz: 
Col.  Joseph  Pitkin,  Mr.  John  Ledyard,  for  Hartford. 
Mr.  Daniel  Lyman.  Mr.  Samuel  Bishop,  for  New  Haven. 
Capt.  Jeremiah  Miller,  Major  Charles  Bulkly,  for  New  Lon- 
don. 
Mr.  David  Rowland,  Mr.  David  Burr  junf,  for  Fairfield. 
Col.  Eleazer  Fitch,  Major  Jedidiah  Elderkin,  for  Windham. 
Capt.  Elisha  Sheldon,  Col.  Ebenezer  Marsh,  for  Litchfield. 
Capt.  Jabez  Huntington,  Mr.  Isaac  Tracy,  for  Norwich. 
Capt.  Jacob  Hinsdale,  for  Harwinton. 
Col.  Elihu  Chauncey,  for  Durham. 
Mr.  Lemuel  Abbott,  for  Ridgfield. 
Mr.  Calel)  Jewit,  Mr.  John  Gay,  for  Sharon. 
Mr.  Daniel  Booth,  Capt.  John  Glover,  for  Newtown. 


1761.]  OP    CONNECTICUT.  493 

Mr.  xibraham  Davenport,  Capt.  Charles  Webb,  for  Stamford. 

Major  Daniel  Ely,  Mr.  John  Lay  2d,  for  Lyme. 

Capt.  Isaac  Kellogg,  Mr.  Martin  Smith,  for  New  Hartford. 

Mr.  Thomas  Matthews,  Mr.  John  Lewis,  for  Waterbury. 

Mr.  Jolin  Everts,  Capt.  Josiah  Stoddard,  for  Salisbury. 

Capt.  Theophilus  Morgan,  Capt.  Elnathan  Stevens,  for  Killing- 
worth. 

Mr.  Ebenezer  Smith,  for  Woodstock. 

Capt.  Benjamin  Sumner,  Mr,  Elijah  Whiton,  for  Ashford. 

Mr.  Samuel  Fitch,  Mr.  Josepli  Piatt,  for  Norwalk. 

Mr.  Comfort  Starr,  Mr.  Thomas  Benedict,  for  Danbury. 

Capt.  Benjamin  Wheeler,  Mr.  Thomas  Gates,  for  Plainfield. 

Mr.  Jonathan  Dresser,  Mr.  Samuel  Craft,  for  Pomfret. 

Capt.  Samuel  Kent,  Mr.  William  King,  for  Suffield. 

Mr.  Andrew  Stevens,  for  Canaan. 

Capt.  Abel  Gun,  Capt.  Samuel  Bassett,  for  Derby. 

Mr.  Zebulon  West,  Mr.  Elisha  Steel,  for  Tolland. 

Mr.  John  Wilford,  Mr.  James  Barker,  for  Braiiford. 

Mr.  Joseph  Strong  junr,  Mr.  Phineas  Strong,  for  Coventry. 

Col.  Joseph  Spencer,  for  East  Haddam. 

Capt.  Hezekiah  Whittlesey,  Capt.  John  Murdock,  for  Say- 
lirook. 

Mr.  Daniel  Sherman,  Col.   Benjamin  Hinman,  for  Woodbury. 

Mr.  CImrles  Wliittlesey,  Capt.  Samuel  Hulls,  for  Wallingford. 

Capt.  Obadiah  Johnson,  Capt.  Jabez  Fitch,  for  Canterbury. 

Mr.  Hezekiah  Brainard,  for  Haddam. 

[o5i3]  Capt.  John  Strong,  Mr.  Jonathan  Root,  for  Farming- 
ton. 

Mr.  Elisha  Gay,  Mr.  Benjamin  Levens,  for  Killingly. 

Mr.  William  Wolcott,  Capt.  Josiah  Bissell,for  Windsor. 

Capt.  Joshua  West,  Mr.  William  Williams,  for  Lebanon. 

Mr.  John  Clap,  Mr.  Eliplialet  Mead,  for  Greenwich. 

Mi-.  Joseph  Sexton,  for  Somers. 

Mr.  Hezekiah  Humphry,  Capt.  Jonathan  Pettibone,  for  Syms- 
bury. 

Capt.  Wm.  Samuel  Johnson,  Capt.  Samuel  Adams,  for 
Stratford. 

Mr.  iNchemiah  Eastabrook,  Mr.  Timothy  Metcalf,  for  Mans- 
field. 

Mr.  Daniel  Alden  jun^  Mr.  Nathan  Johnson,  for  Stafford. 

Mr.  Cyrus  Marsh,  Mr.  Nathan  Eliot,  for  Kent. 

Col.  Timothy  Stone,  Mr.  Nathaniel  Hill,  for  Guilford. 

Capt.  John  Fowler,  Mr.  John  Herpin  jun',  for  Milford. 

Capt.  Samuel  Morgan,  Col.  Samuel  Coit,  for  Preston. 

Mr.  John  Kimberly,  Mr.  Jolni  Wells,  for  Glassenbury, 

Mr.  Roger  Sherman,  Mr.  Jehiel  Hawley,  for  New  Milford. 


494  PUBLIC  RECORDS  [May. 

Capt.  Robert  Dixon,  Mr.  John  Smith,  for  Voluntown. 

Mr.  Simeon  Minor,  Capt.  John  Williams,  for  Stonington. 

Col.  Christopher  Avery,  Mr.  Luke  Perkins,  for  Groton. 

Mr.  David  Strong,  Capt.  Benjamin  Talcott,  for  Bolton. 

Capt.  Moses  Lyman,  Capt.  Samuel  Pettibone,  for  Goshen. 

Capt.  Elijah  Worthington,  Mr.  Dudley  Wright,  for  Colchester. 

Capt.  Elisha  Williams,  Col.  Elizur  Goodrich,  for  Weathers- 
field. 

Mr.  Seth  Wetmore,  Mr.  Matthew  Talcott,  for  Middleton. 

Capt.  Alexander  Phelps,  Capt.  Samuel  Gilbert,  for  Hebron. 

Mr.  Ebenezer  Terry,  Mr.  Edward  Collins,  for  Enfield, 
Capt.  Jabez  Huntington,  Speaker  )    of  the  House  of 
Mr.  Abraham  Davenport,  Clerk      (    Representatives. 

This  day  being  appointed  by  the  royal  charter  and  the  laws 
of  this  Colony  for  the  Election  of  the  public  officers  of  the 
Colony,  viz  ■:  Governor,  Deputy  Governor,  Assistants,  Treas- 
urer and  Secretary,  proclamation  was  made,  and  then  the 
votes  of  the  freemen  were  given  in  to  the  persons  appointed 
by  the  Governor,  Council  and  Representatives,  to  receive, 
sort  and  count  them,  (which  persons  so  appointed  were;) 
Jonathan  Trumble,  Esq"",  Hezekiah  Huntington,  Esq"",  An- 
drew Burr,  Esq''',  Benjamin  Hall,  Esq"",  Daniel  Edwards,  Esq"", 
Jabez  Hamlin,  Esqi",  Shubael  Conant,  Esq%  Mr,  William 
Wolcott,  Mr.  Seth  Wetmore,  Col.  Timothy  Stone,  Mr  .^Daniel 
Lyman,  Mr.  Simeon  Minor,  Col.  Samuel  Coit,  Mr.  David  Row- 
land, Mr.  Joseph  Piatt,  Mr.  William  Williams,  Major  Jedi- 
diah  Elderkin,  Mr.  Daniel  Sherman,  and  Capt.  Samuel  Petti- 
bone, who  were  all  sworn  to  a  faithful  discharge  of  that  trust. 
And  the  freemen's  votes  being  brought  in,  sorted  and 
counted, 

The  Honourable  Thomas  Fitch,  Esq"",  is  chosen  Governor 
of  this  Colony  for  the  year  ensuing. 

The  Honbie  William  Pitkin,  Esq^,  is  chosen  Deputy  Gover- 
nor of  this  Colony  for  the  year  ensuing. 

Roger  Newton,  Esq^  Ebenezer  Silliman,  EsqS  Jonathan 
Trumble,  Esq^  Hezekiah  Huntington,  Esqs  Andrew  Burr. 
Esq^  Joiin  Chester,  Es(]'-.  Benjamin  Hall,  Esq"",  Daniel  Ed- 
wards, Esqr,  Jabez  Hamlin,  Esq^  Matthew  Griswold,  Esq^ 
Shubael  Conant,  Esq"",  Elisha  Sheldon,  Esq"",  were  chosen  As- 
sistants for  the  year  ensuing. 

[357J  Joseph  Talcott,  Esq^,  is  chosen  Treasurer  of  this 
Colony  for  the  year  ensuing. 

George  Wyllys,  Esq"",  is  chosen  Secretary  of  this  Colony 
for  the  year  ensuing. 

The  Governors  oath  prescribed  by  the  law  of  this  Colony  and 


1761.]  OP    CONNECTICUT.  495 

the  oath  required  by  act  of  Parliament,  relating  to  Trade  and 
Navigation,  were  adniinistred  (in  presence  of  the  Assembly) 
by  the  Hont"''-  William  Pitkin,  Esq'',  Deputy  Governor,  to  the 
Hon'^'''  Thomas  Fitch,  Esq"",  now  chosen  Governor. 

The  Hon'''*'  William  Pitkin,  Esq',  now  chosen  Deputy  Gov- 
ernor, had  the  Deputy  Governor's  oath  prescribed  by  law  ad- 
ministred  to  him  by  his  Honour  the  Governor  in  the 
presence  of  the  Assembly. 

The  Assistant's  oath  prescribed  by  law  was  adniinistred 
by  his  Honour  the  Governor  to  Roger  Newton,  Ebenezer  Silli- 
man,  Jonathan  Trumble,  Hezekiah  Huntington,  Andrew  Burr, 
John  Chester,  Benjamin  Hall,  Daniel  Edwards,  Jabez  Ham- 
lin, Matthew  Griswold,  Shubael  Conant,  and  Elisha  Sheldon, 
Esq",  now  chosen  Assistants. 

The  Treasurer's  oath  prescribed  by  law  was  adniinistred 
by  his  Honour  the  Governor  to  Joseph  Talcott,  Esq^,  now 
chosen  Treasurer. 

The  Secretary's  oath  prescribed  by  law  was  administred  by 
his  Honour  the  Governor  to  George  Wyllys,  Esq"",  now  chosen 
Secretary,  in  the  presence  of  the  Assembly. 

Ordered,  That  Andrew  Burr,  Esq"",  and  Mr.  Samuel  Olm- 
sted return  the  thanks  of  this  Assembly  to  the  Rev^  Mr. 
Jonathan  Ingersol,  for  his  sermon  delivered  before  this  As- 
sembly on  the  14tli  instant,  and  desire  a  copy  thereof  that  it 
may  be  printed. 

This  Assembly  do  appoint  the  Hon'^'e  William  Pitkin,  Esqf, 
to  be  Chief  Judge  of  the  Superior  Courts  in  this  Colony  for 
the  year  ensuing. 

This  Assembly  do  appoint  Ebenezer  Silliman,  Esq^  Daniel 
Edwards,  Esq-",  Benjamin  Hall,  Esq"",  and  Robert  Walker, 
Esq"',  to  be  Judges  of  the  Superior  Courts  in  this  Colony  for 
the  year  ensuing. 

This  Assembly  do  appoint  Jabez  Hamlin,  Esqr,to  be  Judge 
of  the  County  Courts  in  and  for  the  county  of  Hartford  the 
year  ensuing. 

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

This  Assembly  do  appoint  Hezekiah  Huntington,  Esq"",  to 
be  Judge  of  the  County  Courts  in  and  for  the  county  of  New 
London  the  year  ensuing. 

This  Assembly  do  appoint  Andrew  Burr,  Esqs  to  be  Judge 
of  the  County  Courts  in  and  for  the  county  of  Fairfield  the 
year  ensuing. 

This  Assembly  do  appoint  Jonathan  Trumble,  Esq"",  to  be 


496  PUBLIC   RECORDS  [May, 

Judge  of  the  County  Courts  in  and  for  the  county  of  Wind- 
ham tlie  year  ensuing. 

This  Assembly  do  appoint  John  Williams,  Esq',  to  be 
Judge  of  the  County  Courts  in  and  for  the  county  of  Litch- 
field the  year  ensuing. 

This  Assembly  appoints  Daniel  Edwards,  Esq'',  to  be  Judge 
of  the  Court  of  Probate  for  the  district  of  Hartford  the  year 
ensuing. 

This  Assembly  appoints  John  Hubbard,  Esq'',  to  be  Judge 
of  the  Court  of  Probate  for  the  district  of  New  flaven  the 
year  ensuing. 

This  Assembly  appoints  Gurdon  Saltonstall,  Esq',  to  be 
Judge  of  the  Court  of  Probate  for  the  district  of  New  London 
the  year  ensuing. 

[358]  This  Assembly  appoints  Andrew  Burr,  Esq%  Judge 
of  the  Court  of  Probate  for  the  district  of  Fairfield  the  year 
ensuing. 

This  Assembly  appoints  Jonathan  Trumble,  Esq'',  Judge  of 
the  Court  of  Probate  for  the  district  of  Windham  for  the  year 
ensuing. 

This  Assembly  appoints  Jabez  Fitch,  Esq',  Judge  of  the 
Court  of  Probate  for  the  district  of  Plainfield  the  year  en- 
suing. 

This  Assembly  appoints  Timothy  Stone,  Esq\  Judge  of 
the  Court  of  Probate  for  the  district  of  Guilford  the  year  en- 
suing. 

This  Assembly  appoints  Daniel  Sherman,  Esq'',  Judge  of 
the  Court  of  Probate  for  the  district  of  Woodbury  the  yeai' 
ensuing. 

This  Assembly  appoints  Jonathan  Hoit,  Esq^,  Judge  of 
the  Court  of  Probate  for  the  district  of  Stamford  the  year 
ensuing. 

This  Assembly  appoints  Joseph  Spencer,  Esq^  Judge  of 
the  Court  of  Probate  for  the  district  of  East  Haddam  the 
year  ensuing. 

This  Assembly  appoints  Ebenezer  Marsh,  Esqi",  Judge  of 
the  Court  of  Probate  for  the  district  of  Litchfield  the  year 
ensuing. 

This  Assembly  appoints  Thomas  Benedict,  Esq"^,  Judge  of 
the  Court  of  Probate  for  the  district  of  Danbury  the  year  en- 
suing. 

This  Assembly  appoints  Hezekiah  Huntington,  Esq"^,  Judge 
of  the  Court  of  Probate  for  the  district  of  Norwich  the  year 
ensuing. 

This  Assembly  appoints  Jabez  Hamlin,  Esq"^,  Judge  of  the 


1761.]  OF    CONNECTICUT.  497 

Court  of  Probate  for  the  district  of  Middleton  the  year  en- 


suing. 


This  Assembly  appoints  Ebenezer  Williams,  Esq^,  Judge 
of  the  Court  of  Probate  for  the  district  of  Pomfret  the  year 


ensuing. 


This   Assembly  appoints  John  Williams,  Esq"",  Judge  of 
the  Court  of  Probate  for  the  district  of  Sharon  the  year  en- 


suing. 


This  Assembly  appoints  Zebulon  West,  Esq"",  Judge  of  the 
Court  of  Probate  for  the  district  of  Stafford  tlie  year  en- 


suing. 


This  Assembly  do  appoint  Joseph  Pitkin,  Esq'',  William 
Wolcott,  Esq"",  Zebulon  West,  Esq' ,  Seth  Wetmore,  Esq"-,  to 
be  Justices  of  the  Peace  and  Quorum  for  the  county  of 
Hartford  the  year  ensuing. 

This  Assembly  do  appoint  Thomas  Wells,  Phineas  Lyman, 
George  Wyllys,  Joseph  Talcott,  John  Ledyard;  Thomas  Hos- 
mer,  Jonathan  Hills,  Samuel  Talcott,  Daniel  Bissell,  Samuel 
Eno,  Pelatiah  Mills,  Erastns  Wolcott,  Elizur  Goodrich,  Jona- 
than Bclding,  Joseph  White,  Joseph  Southmayd,  Joseph 
Hooker,  John  Hooker,  Solomon  Wliitman,  Hezekiah  Gridley, 
Jared  Leo,  Joseph  Hart,  Hezekiah  Brainard,  Joseph  Wells, 
Jolm  Owen,  Judah  Holcomb,  Samuel  Kent  jun'',  Jonathan 
Hale,  Joseph  Spencer,  Daniel  Cone,  Daniel  i3rainard,  jun'', 
Ephraim  Terry,  Nathaniel  Foot,  Epaphras  Lord,  John  Wat- 
rous,  Jonathan  Kilborn  junf,  John  Plielps,  Samuel  Gilbert, 
Ale.^andei'  Plielps,  Thomas  Pitkin,  Isaac  Pinney,  Samuel 
Reynolds,  Thomas  Seymour,  Elisha  Williams,  Nathaniel 
Chauncey,  John  Strong,  Jonathan  Pettibone,  Hezekiah  Hum- 
phry, Alnier  Barker,  Elislia  Steel,  John  Kimberly,  and 
William  Wells,  Esq'-*,  to  be  Justices  of  the  Peace  for  the 
county  of  Hartford  the  year  ensuing. 

[359]  This  Assembly  do  appoint  John  Hubbard,  Eliliu 
Chauncey,  Timothy  Stone,  Ti.omas  Darling,  Esq''%  to  be 
Justices  of  the  Peace  and  Quorum  for  the  county  of  New 
1  Haven  the  year  ensuing. 

This  Assembly  do  appoint  John  Prout,  Deodate  Davenport, 
Samuel  Sherman,  John  Whiting,  Daniel  Lyman,  Samuel 
Sacket.  Robert  Treat,  Nathan  Baldwin,/ joseph  Woodruff!, 
Samuel  Basset,  Samuel  Riggs,  Timothy  Russell,  Daniel  Hol- 
brook,  Charles  French,  Thomas  Clark,  Thomas  Matthews, 
Joseph  Hopkins,  Samuel  Hull,  Elihu  Hall,  Ezekiel  Royce, 
John  Hall  '2d,  Caleb  Merriman,  Charles  Whittlesey,  James 
Wadsworth,  Jonathan  Russel,  Josiah  Rogers,  Samuel  Bar- 
ker, James  Barker,  William  Hoadly,  Theophilus  Rossiter, 
63 


498  PUBLIC  RECORDS  [May, 

Samuel  Robinson,  Nathaniel  Riiggels,  John  Grave,  John  Fow- 
ler,  Caleb  Humberston,  and  James  Wadsworth  jun"",  Esq''^, 
to  be  Justices  of  the  Peace  for  the  county  of  New  Haven  the 
year  ensuing. 

This  Assembly  do  appoint  John  Griswold,  Christopher 
Avery,  Ricliard  Lord,  Isaac  Huntington,  Pygan  Adams,  Esq ■■% 
to  be  Justices  of  the  Peace  and  Quorum  for  the  county  of  New 
London  the  year  ensrdng. 

This  Assembly  do  appoint  John  Richards,  Daniel  Coit,  Jere- 
miah Miller,  William  Hilhouse,  Luke  Perkins,  William 
Williams,  Nathan  Smith,  Ebenezer  Avery,  Simeon  Minor, 
Joseph  Dennison,  Samuel  Prentice,  Amos  Cheesebrough, 
Samuel  Morgaii,.  Samuel  Coit,  William  Witter,  Ebenezer 
Backus,  Jabez  Huntington,  William  Whiting,  Jacob  Perkins, 
El)enezer  Hartshorn,  Simon  Tracy  jun'",  Humpliry  Avery, 
Samuel  Ely,  John  Lay  2d,  George  Dorr,  Nathaniel  Clark, 
Jedidiah  Chapman,  John  Tulley,  Hezekiah  Whittlesey,  Elna- 
than  Stephens,  Benjamin  Gale,  Aaron  Eliot,  Joseph  Wilcocits, 
Benjamin  Lee,  and  John  Williams  jun'',  Esq"'^,  to  be  Jus- 
tices of  the  peace  for  the  county  of  New  London  the  year  en- 
suing. 

This  Assembly  do  appoint  Jonathan  Hoit,  David  Rowland, 
Samuel  Fitch,  John  Read,  Esq'  -%  to  be  Justices  of  the  Peace 
and  Quorum  for  the  county  of  Fairfield  the  year  ensuing. 

This  Assembly  do  appoint  Robert  Walker,  Robert  Fairchild, 
Agur  Tomlinson,  Samuel  Adams,  Ichabod  Lewis,  Theophillis 
Nichols.  William  Burr,  Lotlirop  Lewis,  Moses  Dimon,  Samuel 
Sherwood,  Joseph  Piatt.  Thomas  Fitch  jun'".  Elias  Betts, 
Theophilus  Fitch,  Abraham  Davenport,  Jonathan  Maltbie, 
Peter  Mead,  John  Ferris,  Samuel  Olmsted,  Samuel  Smith  3d, 
Thomas  Benedict,  Samuel  Gregory,  Comfort  Starr,  Benajah 
Case,  Ephraim  Hnbbel.  Caleb  Baldwin.  Richard  Fairman, 
James  Walker,  Jabez  Mead,  Esq'-,  to  be  Justices  of  the 
Peace  for  the  county  of  Fairfield  the  year  ensuing. 

This  Assembly  do  appoint  Shubael  Conant,  Esq'',  to  be  a 
Justice  of  the  Quorum  for  the  county  of  Windham  the  year 
ensuing. 

This  Assembly  do  appoint  John  Dyar.  Jabez  Fitch,  and 
Josliua  West,  Esq'  %  to  be  Justices  of  the  Peace  and  Quorum 
for  the  county  of  Windham  the  year  ensuing. 

This  Assembly  do  appoint  Jonathan  Huntington,  Nathaniel 
Huntington,  Eliphalet  Dyar.  Jedidiah  Elclerkin,  Samuel 
Gray,  Steplien  Fuller,  Joseph  Fowler,  Joseph  Clark,  William 
Metcalfe,  William  Williams,  Samuel  Huntington  of  Canter- 
bury, Benjamin  Wheeler,  John  Smith,  Robert  Dixon,  Jere- 


1761.]  OP    CONNECTICUT.  499 

miah  Keeney,  Joseph  Cady,  Samuel  Daiiielson,  Jacob  Dres- 
ser, Tliomas  Moffat,  Joseph  Strong  jun'',  Phiueas  Strong, 
Silas  Long.  Joseph  Storrs,  Amos  Badcock,  Elijah  Whiton, 
Ebenezer  Wales,  Timothy  Sabin,  Ebenezer  Williams,  William 
Osgood,  Thomas  Williams,  Samuel  Chandler,  Nathaniel 
Childs,  Ebenezer  Smith  jun%  John  Grosvenor,  Jolni  Curtis, 
and  Nathaniel  Wales,  jun'",  Esq'"s  to  be  Justices  of  the 
Peace  for  the  county  of  Windham  the  year  ensuing. 

This  Assembly  do  appoint  Ebenezer  Marsh,  Increase  Mose- 
ley,  Roger  Sherman  and  Daniel  Sherman,  Esq'"%  to  be  Justices 
of  the  Peace  and  Quorum  for  the  county  of  Litchfield  the 
year  ensuing. 

Tliis  Assembly  do  appoint  John  Wilhams,  Timotiiy  Collins, 
Jacob  Woodruff,  Daniel  Everit,  Elisha  Stoddard,  Benjamin 
Hinman,  Tilly  Blakely,  Paul  Welch,  Bushiiel  Bostwick,  Tim- 
[360]  othy  Hatch,  John  Ransom,  Daniel  Lee,  ||  John  Beach, 
Samuel  Petti  bone,  David  Whilney,  John  Beebe,  John  Patter- 
son, Isaac  Kellogg,  Cyprian  Webster,  Abijali  Catling,  Eben- 
ezer Lyman,  John  Cook,  Micliael  Humphry,  James  Landon, 
John  Hutchinson,  John  Gay,  Daniel  Griswold  of  Sharon, 
Nathan  Eliot,  Matthew  Gillet,  and  John  Hitchcock,  Esqr% 
Justices  of  the  peace  for  the  county  of  Litchfield  the  year 
ensuing. 

Th?s  Assembly  do  appoint  Daniel  Sherman,  Esq',  to  be  a 

Justice  of  the  Quorum  for  the  county  of  Litchfield  the  year 

ensuing;  • 

An  Act  for  the  Alteration  of  the  Time  appointed  in  the  Month  of  June  for 
the  Meeting  of  the  Justices  &c.  by  an  Act  entituled  An  Act  for  the  more 
effectual  putting-  in  Execution  the  Laws  against  Prophaneness  and 
Immorality  and  for  promoting  Christian  Knowledge. 

Whereas  meeting  at  tlie  time  already  appointed  in  the 
month  of  June  is  attended  witli  some  inconveniences, 

Be  it  therefore  enacted  by  the  Grovernor,  Council  and  Rep- 
resentatives, in  Greneral  Court  assembled,  and  by  the  authority 
of  the  same,  That  for  the  future  the  justices  of  the  peace, 
grand-jurors,  constables  and  tything-inen  in  the  respective 
towns  in  this  Colony  shall  meet  together  in  the  respective 
towns  to  which  tliey  belong  on  the  third  Monday  of  June 
annually,  for  the  purposes  in  said  act  mentioned. 

An  Act  in  further  Addition  to  the  Law  entituled  An  Act  providing  in 

Case  of  Sickness. 

Wliereas  notwithstanding  all  the  provision  that  hath 
already  l)een  made  for  preventing  the  spreading  of  the  small- 
pox or  other  contagious  disease  and  for  preservation  of  the 
inhabitants  from  such  infections  and  for  the  well  regulating 
and  ordering  such  persons  as  have  been  desirous  of  going  into 
the  practice  of  being  inoculated  in  order  to  receive  the  small- 
pox, it  is  manifest  that  the  infection  hath  spread  in  many 


500  PUBLIC   RECORDS  [May, 

instances  from  the  places  where  such  practice  hath  been 
carried  on,  which  hath  greatly  terrified  many  of  the  inhabit- 
ants of  this  Colony,  and  if  such  practice  should  be  contin- 
ued would  much  endanger  the  people  and  create  great  dis- 
quietude, 

Be  it  therefore  enacted  by  the  G-overnor,  Council  and  Mep- 
resentatives,  in  Greneral  Court  assembled,  and  by  the  authority 
of  the  same.  That  no  pei'son  or  persons  whatsoever  shall,  after 
the  first  day  of  June  next,  presume  to  set  up  or  carry  on  the 
practice  of  inoculation  within  this  Colony,  nor  shall  any  person 
or  persons  directly  or  indirectly  give,  communicate  or  receive 
the  infection  of  the  small-pox  l>y  way  of  inoculation,  or  in 
any  other  method  voluntarily  give  or  receive  such  infection. 
And  if  any  person  or  jiersons  whatsoever  after  the  first  day 
of  June  next  shall  presume  to  set  up  or  carry  on  the  practice  of 
inoculation  within  this  Colony,  or  shall  directly  or  indirectly 
give,  communicate  or  receive  the  infection  of  the  smail-jiox 
by  way  of  inoculation,  or  shall  in  any  other  way  or  method 
voluntarily  give  or  receive  such  infection,  contrary  to  the 
true  intent  and  meaning  of  this  act,  every  such  person  so 
offending  shall  pay  a  fine  of  fifty  pounds  to  the  treasurer  of 
the  county  where  such  ])erson  shall  be  convicted. 

And  whereas  such  practice  may  be  carried  on  in  such 
secret  and  clandestine  manner  that  full  proof  thereof  in  the 
ordinary  method  cannot  always  be  had,  nor  reasonably 
expected. 

Be  it  therefore  enacted  by  the  authority  aforesaid,  That 
whensoever  any  person  or  ])ersons  shall  be  brought  to  tryal 
on  complaint  made  against  such  person  or  persons  for  being 
guilty  of  tlie  breach  of  this  act,  such  person  or  persons  shall 
be  deemed  and  adjudged  guilty,  alt  ho'  the  com])lainant  shall 
not  be  able  to  produce  any  other  proof  than  to  render  it  j)rob- 
able  that  such  person  or  persons  have  lately  had  the  small- 
pox, except  such  ])erson  or  persons  shall  make  oath  before 
the  court  before  whom  such  })erson  or  persons  are  on  tryal, 
that  he  or  they  have  not  voluntarily,  directly  or  indirectly, 
given  nor  received  said  infection,  either  by  inoculation  or 
any  other  way  or  means  whatsoever  ;  which  oath  the  said 
court  are  hereby  impowered  to  administer. 

[3B1]  And  whereas  there  are  many  instances  where  per- 
sons have  gone  out  of  this  Colony  into  some  other  Piovince  and 
have  received  the  small-pox  by  way  of  inoculation  and 
returned  into  this  Colony  again  before  such  persons  have 
been  sufficiently  cleansed,  and  by  that  means  have  spread  the 
infection, 


1761.]  OF    CONNECTICUT.  501 

Be  it  therefore  enacted  hy  the  authority  aforesaid.  That 
wlieiiever  any  person  or  persons  belonging  to  this  Colony 
shall  go  into  any  other  Province  or  Colony  and  there  vohinta- 
rily  receive  the  infection  of  the  small-pox,  either  by  way  of 
inoculation  or  any  other  way  or  means,  no  such  ])erson  or 
[)ci\sons  sliall  return  into  this  Colony  again  under  twenty  days 
after  leaving  the  hospital  or  the  infected  place.  And  if  any 
person  or  persons  belonging  to  this  Colony  shall  at  any  time 
Jiereafter  go  out  of  this  Colony  into  any  other  Province  or 
Colony  and  there  voluntarily  receive  the  infection  of  the 
small-pox,  either  by  way  of  inoculation  or  other  ways,  and 
shall  return  into  this  Colony  contraiy  to  the  true  intent  and 
moaning  of  this  act,  every  such  person  so  offending  shall  pay 
a  fme  of  twenty  pounds  to  the  treasurer  of  the  comity  where 
.sucli  person  or  persons  shall  be  convicted.  And  if  upon  the 
iryal  of  any  person  or  persons  on  complaint  made  of  being 
guiliy  of  the  breach  of  this  act,  such  person  shall  refuse  to 
make  oath  before  the  court  which  hath  coo-nizance  of  the 
same,  that  he  or  they  have  not  had  the  small-pox  within  the 
lime  and  in  the  manner  mentioned  in  the  complaint,  which 
oath  the  said  court  are  hereby  impowered  and  directed  to 
admit  such  person  to,  each  and  every  such  person  or  pei'sons 
sliall  lie  deemed  and  adjudged  guilty,  unless  such  person  or 
persons  shall  produce  proper  certificate  from  the  piiysician 
under  whose  care  such  person  or  persons  have  been  while 
under  the  operation  of  such  infectious  disease,  that  such 
j)erson  or  persons  have  been  sutlliciently  cleansed,  and  also  a 
certificate  from  some  Assistant  or  justice  of  the  peace  within 
this  Colony,  that  such  person  or  persons  have  made  oath 
l)efore  him  that  there  had  been  more  than  twenty  days  after 
his  or  their  leaving  the  hospital  or  place  of  infection  before 
such  person  or  persons  returning  into  this  Colony,  which  oath 
each  and  eveiy  Assistant  and  justice  of  the  peace  are  hereby 
impowered  and  directed  to  administer  so  often  as  there  shall 
be  occasion,  and  to  give  certificate  thereof  accordingly. 

And  it  is  further  enacted  hy  the  authority  aforesaid^  That 
it  be  the  duty  of  every  constal)le  and  grand-jury-man  within 
this  Colony  to  make  diligent  inquiry  within  their  respective 
precincts  and  due  presentment  make  of  all  persons  that  shall 
be  suspected  to  be  guilty  of  the  breach  of  this  act  in  any  part 
thereof. 

And  it  is  further  enacted  hy  the  authority  aforesaid^  That 
whensoever  any  person  that  is  not  an  informing  officer  shall 
complain  of  any  ]jerson  or  persons  for  the  l)reach  of  this  act 
and  prosecute  the  same  to  effect,  sucli  complainant  shall  be 
entituled  to  and  receive  one  half  of  the  penalty  in  said  act 


502  PUBLIC  RECORDS  [May, 

contained ;  anything  in  the  foregoing  act  contained  to  the 
contrary  notwithstanding. 

And  it  is  further  enacted  hy  the  authority  aforesaid,  That 
wliensoever  any  person  or  persons  belonging  to  this  Colony 
shall  go  into  any  other  Province  or  Colony  and  there  volunta- 
rily receive  tlie  infection  of  the  small-pox  and  shall  upon  his 
returning  into  this  Colony  bring  the  infection  either  in  his 
cloaths  or  other  ways  and  give  or  communicate  the  same  to 
any  other  person  or  persons,  such  person  shall  be  liable  to 
pay  to  the  party  hurt  or  injured  thereby  treble  damages  and 
cost  of  prosecution. 

This  act  to  continue  in  force  till  the  rising  of  this  Assem- 
bly in  October  next,  and  no  longer. 

[362j  This  Assembly  grants  that  the  fees  for  the  chief 
judge  of  the  superior  court  for  the  time  being,  in  lieu  of  such 
allowances  as  have  been  made,  shall  be  the  sum  of  sixteen 
shillings  per  diem. 

This  Assembly  grants  that  the  fees  for  each  of  the  assist- 
ing judges  of  the  superior  court,  in  lieu  of  such  allowances  as 
have  been  made  them,  shall  be  the  sum  of  fourteen  shillings 
per  diem. 

The  Honb'c  William  Pitkin,  Esq"",  John  Chester  and 
Geoi'ge  Wyllys,  Esq"^**,  are  hereby  appointed  a  committee,  they 
or  any  two  of  them,  to  sell  the  remainder  of  the  sterling 
money  granted  and  received  for  the  services  done  in  the  year 
1758,  which  is  left  in  London  in  the  care  of  the  Agent  for 
this  Colony,  and  so  much  of  the  money  granted  aild  is  or  may 
be  distributed  and  ordered  to  be  paid  this  Colony  on  account 
of  the  services  done  in  the  year  1759,  as  shall  make  up  the 
sum  of  six  thousand  and  five  hundred  pounds  sterling,  as 
soon  as  certain  intelligence  is  had  that  said  money  is  received 
by  the  Agent  or  Agents  of  this  Colony.  The  said  committee 
is  hereby  directed  to  sell  the  same  for  the  value  thereof  in 
silver,  gold,  or  bills  of  credit  of  this  Colony  emitted  by  act  of 
Assembly  in  March  1758,  to  any  person  or  persons  that  shall 
appear  and  pay  the  value  thereof  as  afoi-esaid  into  the  treas- 
ury of  this  Colony.  And  when  such  contract  is  made  and  the 
money  or  bills  aforesaid  paid  into  the  treasury,  and  the  Treas- 
urer's receipt  produced  to  said  committee  in  evidence  thereof, 
said  committee  is  directed  to  lodge  tiie  same  with  the  Secre- 
tary of  this  Colony  and  make  a  proper  certificate  thereof  to 
his  Honour  the  Governor,  who  is  hereby  desired  and  impow- 
ered,  on  receipt  of  such  certificate,  to  draw  proper  bills  of 
exchange  on  the  Agent  of  this  Colony  in  favour  of  such  pur- 
chaser or  purchasers,  and  for  such  sum  or  sums  purchased  as 
aforesaid. 


1761.]  OP    CONNECTICUT.  503 

Resolved  hy  this  Assembly^  That  Jabez  Hamlin,  Joseph 
Pitkin,  John  Ledyard,  William  Pitkin  jun^  Esq'%  and  Capt. 
John  Lawrence,  be  a  committee  to  audit  the  Colonies  ac- 
counts with  the  Treasurer,  which  committee  shall  take  the 
oath  appointed  by  law  therefor,  and  they  are  hereby  directed 
to  receive  of  the  Treasurer  all  such  bills  of  the  several  emis- 
sions of  this  Colony  which  are  ordered  to  be  brought  into  the 
treasury  to  be  sunk,  whether  brought  in  by  rates  or  excliange, 
and  the  same  burn  and  consume  to  ashes,  and  to  keep  an  ex- 
act account  of  the  same  and  give  their  receipt  therefor.  And 
they  are  further  directed  to  receive  of  the  Treasurer  all  such 
bills  of  tlie  old  and  middle  tenor  of  this  Colony  brought  in  by 
exchange,  being  true  bills,  and  burn  and  consume  the  same 
to  ashes,  and  give  their  receipt  for  the  same,  and  also  to 
settle  and  adjust  the  account  of  the  several  rates  and  all  other 
the  Treasurer's  accounts  of  disbursements,  and  see  that  the 
same  are  well  avouched  and  stated,  and  make  return  of  their 
doings  to  this  Assembly  in  October  next. 

This  Assembly  do  appoint  Phineas  Lyman,  Esq"",  to  be 
Major-General  of  the  forces  ordered  to  be  raised  in  the  Colony 
of  Connecticut  for  the  ensuing  campaign,  and  desire  tliat  he 
may  be  commissioned  accordingly 

Resolved  hy  this  Assembly^  That  Doctor  Gideon  Wells  be 
and  ho  is  appointed  Director  of  the  Hosi)ital  Stores  supply'd 
by  this  Colony  for  the  ensuing  campaign  ;  and  it  shall  be  the 
duty  of  said  director  to  have  a  general  care  and  inspection 
over  all  the  hospital  stores,  medicines  and  instruments,  and 
to  take  sijecial  care  that  they  are  not  imbezzled  but  used  for 
the  purposes  only  for  which  the  same  are  provided,  and  when 
[368]  the  campaign  is  over,  to  collect  the  remainder,  ||  and 
(if  he  can)  send  them  home  to  some  one  of  the  commissaries 
appointed  by  this  Assembly,  duly  notifying  such  commissary 
thereof:  but  if  no  opportunity  presents  to  do  the  same,  then 
to  lodge  the  same  with  some  proper  person  in  Albany  for  ac- 
count of  this  Colony,  and  take  receipt  therefor  and  deliver 
the  same  to  some  one  of  the  commissaries  aforesaid. 

Resolved  hy  this  Assemhly,  That  the  Treasurer  of  this 
Colony  be  and  lie  is  hereby  directed  and  impowered,  to  call 
the  several  agents  who  have  been  appointed  to  sue  in  the 
bonds  due  to  the  Governor  and  Company  of  this  Colony  to 
account  for  the  several  bonds  and  mortgages  which  have  l3een 
by  them  respectively  received,  and  for  their  proceedings  there- 
in; and  that  the  several  King's  attornies  in  tlie  several 
counties  in  this  Colony,  for  the  time  being,  be  and  they  are 
hereby  required  from  time  to  time  to  apply  to  the  Treasurer 


504  PUBLIC   RECORDS  [May, 

and  Secretary  of  the  Colony  and  of  them  receive  the  bonds 
and  mortgages  due  to  the  Governor  and  Company  as  they 
sliall  become  due  and  payable,  giving  their  resi)ective  receipts 
therefor,  and  being  so  received  they  and  each  of  them  are 
liereby  impowered,  appointed  and  directed,  to  collect  and  sue 
in  the  same;  and  such  King's  attornies  shall  annually,  some 
time  in  the  montli  of  May,  render  to  the  Treasurer  of  this 
Colony  for  the  time  being  an  exact  account  of  their  proceed- 
ings therein,  and  pay  into  the  treasury  such  sums  of  money 
as  they  shall  have  respectively  collected,  talcing  the  Treas- 
urer's receipt  therefor  and  lodging  the  same  with  tlie  Secre- 
tary of  this  Colony. 

Whereas  this  Assembl}-  ai'C  informed  that  a  number  of 
French  prisoners  of  war  have  been  lately  brought  into  the 
port  of  New  London  in  this  Colony  by  a  vessel  bchmging  to 
said  port,  which  are  not  within  the  regulations  of  the  law  nf 
this  Colony  entituled  An  act  directing  how  prisoners  of  war 
that  may  be  sent  into  this  Colony  shall  be  governed  and  dis- 
posed of,  but  ought  not  to  be  at  large  &c.:  It  is  therefore 
resolved  by  this  Assembly,  that  the  said  prisoners  so  brought 
into  New  London  aforesaid  shall  forthwith  Ijy  warrant  fr(mi 
two  justices  of  the  peace  of  the  county  of  New  London  be 
committed  to  the  common  goal  of  said  county  and  thencefoi-- 
ward  shall  be,  remain  and  contimie  in  all  respects  under  the 
rules,  orders  and  regulations  of  the  act  aforesaid,  to  all  in- 
tents, constructions  and  purposes  whatsoever,  as  tho'tliey  had 
been  brought  or  sent  into  this  Colony  by  any  of  his  Majesty's 
generals  or  commanders  of  his  shi])S  of  war. 

Whereas  there  are  now  lying  in  the  hands  of  the  Treasurer, 
or  in  the  hands  of  tlie  administrators  of  the  late  Treasurer, 
sundry  bonds  given  for  the  purchase  of  the  remaining  rights 
in  the  township  of  Norfolk,  the  property  of  which  bonds  (by 
virtue  of  an  act  of  this  Assembly  made  and  passed  in  May 
17^0)  belong  to  the  several  towns  and  societies  that  made  and 
computed  lists  in  the  year  1732,  in  proportion  to  said  lists: 
Therefore,  it  is  now  resolved,  that  Jabez  Handin,  Ehhu 
Chauncey  and  Seth  Wetmore,  Esq^^  be  a  committee  to  make 
a  distribution  of  said  bonds  to  and  among  said  towns  and  so- 
cieties. And  it  is  further  resolved,  that  upon  application 
made  to  said  committee  by  any  of  tlie  obligors  or  proprietors 
of  said  township  of  Norfolk  for  a  renewal  or  exchange  of  any 
of  said  bonds,  and  upon  their  producing  good  and  sufficient 
bonds,  to  the  acceptance  of  said  committee,  they  are  hereby 
authorized  and  fully  impowered  to  excliango  said  bonds  and 
to  take  new  bonds  payable  to  the  committees  of  the  i-espect- 


1761.]  OP    CONNECTICUT.  505 

ive  towns  who  are  or  shall  be  appointed  by  such  towns  to  re- 
ceive the  same  according  to  such  their  respective  proportions. 
And  said  connnittee  are  directed  to  take  said  bonds  payable  as 
aforesaid  at  the  expiration  of  two  years  from  the  rising  of  this 
Assembly,  with  the  lawful  interest  thereof  during  the  term 
aforesaid,  unless  the  interest  be  some  otherways  secured. 
And  if  said  obligors  or  proprietors  shall  neglect  or  refuse  dur- 
ing the  term  of  nine  months  from  the  rising  of  this  Assem- 
bly, to  make  application  to  said  committee  for  such  renewal 
or  exchange,  and  shall  not  procure  good  and  sufficient 
[364]  bonds  ||  as  aforesaid,  said  committee  are  directed  with 
the  new  bonds  so  exclianged  or  renewed,  to  deliver  the  old 
bonds  to  the  committees  of  said  towns,  taking  receipts  there- 
for, agreeable  to  said  act  of  May  1738,  and  lodge  the  same 
with  the  Secretary  of  this  Colony. 

It  being  represented  to  this  Assembly  that  there  is  need  of 
a  public  highway  or  country  road  to  be  laid  out  and  made  on 
the  east  side  of  Ousatunnick  River,  to  lead  from  Hawkins's 
Ferry  in  Derby  to  the  highway  that  crosses  said  river  at  the 
lower  bridge  in  Canaan,  and  that  the  same  would  be  of  com- 
mon conveniency  and  advantage :  It  is  therefore  resolved  by 
this  Assembly,  that  Cajjt.  Moses  Lyman  and  Mr.  Ebcnezer 
Hills,  both  of  Goshen,  and  Mr.  John  Catling  of  Litclifield,  be 
and  they  are  hereby  appointed  a  committee  to  repair  to  and 
view  the  land  by  and  near  said  river  in  the  respective  towns 
and  places  through  which  said  road  is  proposed  to  be  laid  out, 
and  if  tliey  shall  find  that  tlicre  can  be  a  good  cartway  made, 
and  shall  judge  that  it  will  be  of  common  conveniency  and 
advantage,  that  they  mark  and  describe  the  best  places  for 
said  road  adjoyning  to  or  as  near  said  river  as  will  be  con- 
venient for  a  good  cartway,  and  a  full  description  thereof  with 
their  opinion  of  the  necessity  and  conveniency  thereof  to 
make  report  to  the  General  Assembly  to  be  holden  at  New 
Haven  in  October  next. 

Resolved  by  this  Assembli/,  That  Daniel  Lyman  of  New 
Haven,  Esq%  and  Mr.  Samuel  Bishop  jun"",  of  said  New  Haven, 
be  and  they  aie  hereby  directed  and  impowered  to  receive  of 
the  Treasurer  a  certain  bond  from  Joseph  Bishop,  Sanniel 
Baker  and  Josiah  Pond,  to  the  Governor  and  Company  of 
this  Colony,  and  to  use  and  take  all  proper  means  and 
methods  to  recover  and  receive  or  take  security  for  the  pay- 
ment of  the  moneys  thereon  due,  giving  their  receipt  and 
being  therefor  accountable  to  the  Treasurer. 

Whereas  the  General  Assembly  at  their  sessions  in  Octo- 
ber last  appointed  Mr.  Daniel  Lothrop,'Capt.  Richard  Hide 
64 


506  PUBLIC  RECORDS  [May, 

and  Mr.  Isaac  Tracy  a  committee  authorized  to  view  the 
country  and  lands  over  Connecticut  River  from  Killingworth 
to  Norwich  and  Windham  &c.,  and  investigate  the  best  places 
for  a  country  road  and  ferry  and  mai-k  or  describe  said  road, 
and  make  return  of  their  doings  therein  to  this  Assembly  in 
May  then  next,  in  order  that  a  road  may  be  opened  and  es- 
tablished accordingly ;  and  Avhereas  said  committee  have  not 
performed  said  business,  nor  made  return  as  aforesaid:  There- 
fore, resolved  by  this  Assembly,  that  Mr.  Samuel  Tracy  be 
appointed  and  he  is  hereby  authorized  and  appointed,  together 
with  said  Daniel  Lothrop  and  Capt.  Richard  Hide,  a  commit- 
tee, or  any  two  of  them,  to  view  said  country  and  lands  over 
said  river  and  mark  out  or  describe  said  road,  and  make  re- 
turn of  their  doings  to  this  Assembly  in  their  present  sessions 
if  practicable,  otherwise  to  the  sessions  of  tliis  Assembly  in 
October  next,  that  a  road  may  be  opened  and  established  ac- 
cording to  the  aforesaid  act. 

Resolved  hy  thu  Assemhli/,  That  Capt.  Titus  Flurlburt  take 
into  his  care  the  Battery  at  New  London,  together  with  all 
the  stores  thereto  belonging,  which  are  to  remain  undei"  his 
care  until  the  sessions  of  this  Asseml)ly  in  May  next.  And 
the  said  Hurlbut  is  impowered  to  appoint  some  suitable  ])er- 
son  to  be  gunner  tliereof,  and  that  on  the  first  day  of  June 
next  he  inlist  or  detach  twenty  men  near  said  battery,  to  be 
under  the  command  of  said  Hnrlbut,  to  assist  him  in  said 
[365]  battery,  ||  and  that  one  of  said  men  duly  attend  the 
said  captain's  command  in  his  turn  to  watcli  and  ward  in  said 
battery,  from  the  first  day  of  June  until  the  last  day  of  No- 
vember next,  and  that  the  men  as  they  shall  have  leisure 
from  other  duty  in  their  turn  shall  be  employed  in  cleaning 
up  the  small-arms  and  cutlasses  that  are  in  the  said  battery. 
And  the  said  Hurlbut  shall  be  allowed  for  liis  services  nine 
pounds,  and  that  the  gunner  be  allowed  for  his  service  two 
pounds ;  and  that  each  man  shall  be  allowed  three  shillings 
for  his  service  per  day,  for  each  day  he  shall  so  watch  and 
ward. 

This  Assembly  do  appoint  Samuel  Coit,  Esq'",  to  be  Lieu- 
tenant-Colonel of  the  8tli  regiment  in  this  Colony. 

This  Assembly  do  appoint  Amos  Cheesborough,  Esq"",  to 
be  Major  of  the  8tli  regiment  in  this  Colony. 

This  Assembly  do  establish  Elisha  Marvin  to  be  Captain 
of  the  company  or  trainband  made  out  of  the  3d  company  in 
the  town  of  Lyme. 

This  Assembly  do  establish  Jasper  Griffin  to  be  Lieutenant 
of  the  company  or  trainband  made  out  of  the  3d  company  in 
the  town  of  Lyme. 


1761.]  OP    CONNECTICUT.  507 

This  Assembly  do  establish  Joseph  Harvey  to  be  Ensign 
of  the  company  or  trainband  made  out  of  the  3d  company  in 
the  town  of  Lyme. 

This  Assembly  do  establish  Mr.  John  Camp  to  be  Ensign 
of  the  10th  company  or  trainband  in  the  6tli  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Elnathan  Hall  to  be  Cap- 
tain of  the  company  or  trainband  in  the  south  society  in  New 
Fairfield  in  the  4th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  David  Wakley  to  be  Lieu- 
tenant of  the  company  or  trainband  in  tlie  south  society  in 
New  Fairfield  in  the  4th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Zachcus  Bnisii  to  be  En- 
sign of  the  company  or  trainband  in  tlic  south  society  in 
New  Fairfield  in  the  4th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Ebenezer  Carpenter  to  be 
Lieutenant  of  the  0th  company  or  trainband  in  the  5th  regi- 
ment in  this  Colony. 

This  Assembly  do  establish  Mr.  Jedidiah  Benton  to  be  En- 
sign of  the  9th  company  or  trainband  in  the  5th  regiment  in 
tliis  Colony. 

This  Assembly  do  estaljlish  Mr.  Stephen  Prentis  to  be  Cap- 
tain of  tlie  4th  company  or  trainliand  in  the  town  of  New 
London  in  the  3d  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Jeremiah  Tabor  to  be  Lieu- 
tenant of  the  4th  company  or  trainband  in  the  town  of 
New  London  in  the  3d  regiment  in  this  Colony. 

This  Assenil)ly  do  estalilish  Mr.  Jabez  Beebe  to  be  Ensign 
of  the  4th  company  or  trainband  in  the  town  of  New  London 
in  tlie  3d  regimejit  in  this  Colony. 

This  Assembly  do  establish  Mr.  Josiah  Stoddard  to  be 
Captain  of  the  2d  company  or  trainband  in  the  town  of  Salis- 
bury. 

This  Assembly  do  establish  Mr.  James  Bird  to  be  Lieuten- 
ant of  the  2d  company  or  trainband  in  the  town  of  Salis- 
bury. 

This  Assembly  do  establish  Mr.  Ebenezer  Stevens  to  be 
Ensign  of  the  2d  company  or  trainband  in  the  town  of  Salis- 
bury. 

This  Assembly  do  establish  Mr.  Zaccheus  Gillet  to  be  En- 
sign of  the  3d  company  or  trainband  in  the  town  of  Syms- 
bury  in  the  first  regiment  in  this  Colony. 

This  Assembly  do  establisli  Mr.  Jonathan  Peck  to  be  Cap- 
tain of  the  3d  company  or  trainband  in  the  town  of  Norwich 
in  the  3d  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Joseph  Sanford  to  be  Lieu- 


508  PUBLIC   RECORDS  [May, 

tenant  of  the  3d  company  or  trainband  in  the  town  of  Nor- 
wich in  the  3d  regiment  in  tliis  Cok)ny. 

This  Assembly  do  estaltlish  Mr.  Timothy  Seymour  to  be 
Captain  of  the  4th  company  or  trainband  in  the  town  of 
Hai-tford  in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  estal)lish  Mr.  Benjamin  Colton  to  be 
Lieutenant  of  the  4th  company  or  trainband  in  the  town  of 
Hartford  in  the  1st  regiment  in  this  Colony. 

[866]  Tliis  Assembly  do  establish  Mr.  Abraham  Sedgwick 
to  be  Ensign  of  the  4th  company  or  trainband  in  the  town  of 
Hartford  in  the  1st  regiment  in  this  Colony, 

Tliis  Assemt)ly  do  establish  Mr.  Bryan  Rosseter  to  l)e  Lieu- 
tenant of  the  south  comj)any  or  train l)and  in  the  town  of 
Durham. 

This  Assembly  do  estal>lish  Mr.  John  Noycs  Wadsworth  to 
be  Ensign  of  the  south  company  or  trainband  in  the  town  of 
Durham. 

This  Assembly  do  establish  Mr.  James  Dyar  to  be  Cap- 
tain of  the  2d  company  or  trainband  in  the  lltli  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Joseph  Adams  to  be  Lieu- 
tenant of  the  2d  company  or  trainband  in  the  11th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Benjamin  Smith  to  be  En- 
sign of  the  2d  company  or  trainband  in  the  11th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Timothy  Lockwood  to  be 
Captain  of  the  eastermost  company  or  trainband  in  the  town 
of  Greenwich. 

This  Assembly  do  establish  Mr.  William  Morgan  to  be  Cap- 
tain of  the  4th  company  or  trainliand  in  the  town  of  Groton 
in  the  8th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Elijah  Morgan  to  be 
Lieutenant  of  the  4th  company  or  trainl)and  in  the  town  of 
Groton  in  the  8th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Henry  Williams  to  be  En- 
sign of  the  4th  company  or  trainband  in  the  town  of  Groton 
in  the  8th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Eliada  Parker  to  be  En- 
sign of  the  first  company  or  trainband  in  the  town  of  Wal- 
lingford. 

This  Assembly  do  establish  Mr.  Joseph  Ruggles  to  be  Cap- 
tain of  the  company  or  tvainband  in  Newbury  society. 

This  Assembly  do  establish  Mr.  Benjamin  Dunning  to  be 
Lieutenant  of  the  company  or  trainband  in  Newbury  society. 


1761,]  OP    CONNECTICUT.  509 

This  Assembly  do  establish  Mr.  Robert  Bostwick  to  be  En- 
sign of  the  company  or  trainband  in  Newbury  society. 

This  Assembly  do  establish  Mi-.  Zebulon  Peck  to  be  Lieu- 
tenant of  the  company  or  trainband  in  New  Cambridge  in  the 
town  of  Farmington. 

This  Asseml)ly  do  establish  Mr.  Gershom  Tuttle  to  be  En- 
sign of  the  company  or  trainband  in  New  Cambridge  in  the 
town  of  Farmington. 

This  Assembly  do  establish  Mr.  John  Jeffery  to  be  Captain 
of  the  comj)any  or  trainband  in  the  town  of  Cornwall. 

Tiiis  Assembly  do  establish  Mr.  Levi  Crocker  to  be  Lieu- 
tenant of  the  company  or  trainband  in  the  town  of  Cornwall. 

This  Assembly  do  establish  Mr.  Thomas  Porter  to  be  En- 
sign of  the  company  or  trainband  in  the  town  of  Cornwall. 

This  Assembly  do  establish  Mr.  Edward  Scovcl  to  be  Cap- 
tain of  the  1st  company  or  trainband  in  the  town  of  Water- 
bury. 

This  Asseml)ly  do  establish  Mr.  Amos  Hitchcock  to  be 
Lieutenant  of  the  1st  company  or  trainband  in  the  town  of 
Watcrbury. 

This  Assembly  do  establish  Mr.  Thomas  Belding  to  be 
Lieutenant  of  the  3d  company  or  trainband  in  the  6th  regi- 
ment in  this  Colony. 

This  Assembly  do  establish  Mr.  Ebenezer  Beebe  to  be  Lieu- 
tenant of  the  6th  company  or  trainband  in  the  town  of  New 
London  in  the  3d  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Ephraim  Leech  to  be  En- 
sign of  the  6tli  company  or  trainband  in  the  town  of  New 
London  in  the  3d  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Samuel  Nash  to  be  Cap- 
tain of  the  west  company  or  trainband  in  the  town  of  Goshen 
in  the  13th  regiment  in  this  Colbny. 

This  Assembly  do  establish  Mr.  Jonathan  Bucl  to  be  Lieu- 
tenant of  the  west  company  or  trainband  in  the  town  of 
Goshen  in  the  13th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Ebenezer  Hill  to  be  En- 
sign of  the  west  company  or  trainband  in  the  town  of  Goshen 
in  the  13th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Asa  Hopkins  to  be  Lieu- 
tenant of  the  1st  company  or  trainband  in  the  town  of  Litch- 
field. 

This  Assembly  do  establish  Mr.  David  Landon  to  be  En- 
sign of  the  1st  company  or  trainband  in  the  town  of  Litch- 
field. 

[367]     This  Assembly  do  establish  Mr.  Thomas  Wilmott  to 


510  PUBLIC  RECORDS  [May, 

be  Captain  of  the   1st  company  or  trainband  in  the  2d  regi- 
ment in  this  Colony. 

This  Assembly  do  establish  Mr.  David  Atwater  to  be  En- 
sign of  the  1st  company  or  trainband  in  the  2d  regiment  in 
this  Colony. 

This  Assembly  do  estalilish  Mr.  Nathaniel  Tnttle  to  be 
Captain  of  the  south  company  or  trainband  in  the  town  of 
Woodbury  in  the  13th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  James  Hard  junf  to  be 
Captain  of  the  1st  company  or  trainbaud  in  Newton  in  the  4th 
regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  William  Gould  to  be  Lieu- 
tenant of  the  3d  company  or  trainband  in  the  2d  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Samuel  Filer  to  be  Lieu- 
tenant of  the  2d  company  or  trainband  in  the  town  of  Wind- 
sor in  the  1st  regiment  in  this  Colony. 

This  Asscml)ly  do  establish  Mr.  Eliakim  Gaylord  to  l)e  En- 
sign of  the  2d  company  or  trainband  in  the  town  of  Windsor 
in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Timothy  Hill  to  be  Lieu- 
tenant of  the  6th  company  or  trainband  in  the  7th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Moses  Blackley  to  be  En- 
sign of  the  6th  company  or  trainband  in  the  7th  regiment  in 
this  Colony. 

This  Asscmidy  do  establish  Mr.  Simeon  Minor  jun''  to  be 
Lieutenant  of  the  4th  company  or  trainband  in  the  town  of 
Stonington  in  the  8th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Paul  Wheeler  to  be  En- 
sign of  the  4th  company  or  trainband  in  the  town  of  Stoniug- 
ton  in  the  8th  regiment  in  this  Colony. 

This  Asseml)ly  do  establish  Mr.  David  Seward  to  be  Cap- 
tain of  the  51  h  company  or  trainband  in  the  7th  regiment  in 
this  Colony. 

This  Assembly  do  cstal)lish  Mr.  John  Davis  to  l)e  Lieuten- 
ant of  the  5th  company  or  trainband  in  the  7th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Hooker  Bartlet  to  be  En- 
sign of  the  5th  company  or  trainband  in  the  7th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Phineas  Judd  to  be  Lieu- 
tenant of  the  13th  company  or  trainband  in  the  6th  regiment 
in  this  Colony. 

Tills  Assembly  do  establish  Mr.  Zebulon  Jones  to  be  Cap- 


1761.]  OP    CONNECTICUT.  511 

tain  of  the  south  and  1st  company  or  trainband  in  the  town 
of  Somers  in  the  1st  regiment  in  tliis  Colony. 

This  Assembly  do  establish  Mr.  Robert  Pease  jun""  to  be 
Lieutenant  of  the  south  and  1st  company  in  the  town  of 
Somers  in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Reuben  Cooley  to  be  En- 
sign of  the  south  and  1st  company  in  the  town  of  Somers  in 
the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Luke  Cooley  to  be  Captain 
of  the  2d  or  north  company  or  trainband  in  the  town  of 
Somers  in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Charles  Sheldon  to  be 
Lieutenant  of  the  2d  or  north  company  or  trainband  in  the 
town  of  Somers  in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Joseph  Bewel  to  be  En- 
sign of  the  2d  or  north  company  or  trainband  in  the  town  of 
Somers  in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Enos  Attwater  to  be  Cap- 
tain of  tlie  1st  company  or  trainband  in  New  Cheshire  parish 
in  Wallingford. 

This  Assembly  do  establish  Mr.  John  Hall  the  3d  to  be 
Lieutenant  of  the  1st  company  or  trainband  in  New  Cheshire 
parish  in  Wallingford. 

This  Assembly  do  establish  Mr.  Elisha  Griswold  to  be 
Captain  of  the  troop  of  horse  in  the  6th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Comfort  Sage  to  be  Lieu- 
tenant of  the  troop  of  horse  in  the  6th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Nathaniel  Coleman  to  be 
Quarter-Master  of  the  troop  of  horse  in  the  6th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Thomas  Selden  to  be  Lieu- 
tenant of  the  14th  company  or  trainband  in  the  6th  regiment 
in  this  Colony. 

Tiiis  Assembly  do  establish  Mr.  Warren  Green  to  be  En- 
sign of  the  14tli  company  or  trainband  in  the  6th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Stephen  Lane  to  be  Lieu- 
tenant of  the  4th  company  or  trainband  in  the  7th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Russel  Woodbridge  to  be 
Captain  of  the  3d  company  or  trainband  in  tlie  town  of  Hart- 
ford in  the  1st  regiment  in  this  Colony. 

[368]     This  Assembly  do  establish  Mr.  John  Hurlburt  to  be 


612  PUBLIC  RECORDS  [May, 

Lieutenant  of  the  3d  company  or  trainband  in  the  town  of 
Hartford  in  the  1st  reginaent  in  this  Colony. 

This  Assembly  do  establish  Mr.  James  Bidwell  to  be  En- 
sign of  the  3d  company  or  trainband  in  the  town  of  Hartford 
in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Isaac  Moseley  to  be  Lieu- 
tenant of  the  4tli  company  or  trainband  in  the  6tli  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  John  Wells  to  be  Ensign 
of  the  4th  company  or  trainband  in  the  6th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Isaac  Lee  to  be  Ensign  of 
the  loth  company  or  trainband  in  the  6th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Joseph  Tyler  to  be  Captain 
of  the  Sd  company  or  trainband  in  the  town  of  Preston  in  the 
8th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Hezekiah  Lord  jnu"",  to  be 
Lieutenant  of  the  3d  company  or  trainband  in  the  town  of 
Preston  in  the  8th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Elias  Lord  to  be  Ensign  of 
the  3d  company  or  trainband  in  the  town  of  Preston  in  the 
8th  regiment  in  this  Colony. 

Tliis  Assembly  do  establish  Mr.  Daniel  Bull  to  be  Captain 
of  the  2d  comjjany  or  trainband  in  tlic  town  of  Hartford  in 
the  1st  regiment  in  this  Colony. 

This  Assembly  do  establisli  Mr.  Daniel  Sheldon  to  be  Lieu- 
tenant of  the  2d  company  or  trainband  in  the  town  of  Hart- 
ford in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Medad  Webster  to  be  En- 
sign of  the  2d  company  or  trainband  in  the  town  of  Hartford 
in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Zcbcdiah  Andrus  to  be 
Captain  of  the  5th  company  or  trainband  in  the  town  of 
Norwich  in  the  3d  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Elijah  Brewster  to  be 
Lieutenant  of  the  6th  company  or  trainband  in  tbe  town  of 
Norwich  in  the  3d  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Jose])h  Bently  to  be  En- 
sign of  the  5tli  company  or  trainband  in  the  town  of  Norwich 
in  the  3d  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Joseph  Cutler  to  be  Cap- 
tain of  the  4th  company  or  trainband  in  the  11  th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Nathaniel  Daniels  to  be 


1761.]  OP    CONNECTICUT.  513 

Lieutenant  of  the  4th  company  or  trainband  in  the  11th 
re<?iment  in  this  Colony. 

This  Assembly  do  establish  Mr.  John  Johnson  to  be  En- 
sign of  the  4th  company  or  trainband  in  the  11th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Stephen  Strickland  to  be 
Lieutenant  of  the  12th  company  or  trainband  in  the  6th  regi- 
ment in  tl'.is  Colony, 

This  Assembly  do  establish  Mr.  William  House  to  be  En- 
sign of  the  12th  company  or  trainband  in  the  6th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Alexander  Phelps  to  be 
Captain  of  the  north  company  or  trainband  in  the  first  society 
in  ihe  town  of  Hebron. 

This  Assembly  do  establish  Mr.  David  Barber  to  be  Lieu- 
tenant of  the  north  company  or  trainband  in  the  first  society 
in  the  town  of  Hebron. 

This  Assembly  do  establish  Mr.  Obadiah  Horsford  to  be 
Ensign  of  the  north  company  or  trainband  in  the  first  society 
in  the  town  of  Hebron. 

This  Assembly  do  establish  Mr.  Jonathan  Humphry  to  be 
Lieutenant  of  the  south  company  or  trainband  in  tlie  town  of 
Symsbury  in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  William  Clark  to  be  Cap- 
tain of  the  north  company  or  trainband  in  the  first  society  in 
the  town  of  Lebanon. 

This  Assembly  do  establish  Mr.  Joseph  Marsh  to  be  Lieu- 
[tenant  of  the  north  company  or  trainband  in  the  1st  society 
[in  the  to:^ni  of  Lebanon. 

This  Assembly  do  establish  Mr.  Timothy  Clark  to  be  En- 
sign of  the  north  company  or  trainband  in  the  1st  society  in 
the  town  of  Lebanon. 

This  Assembly  do  establish  Mr.  Dennis  Bement  to  be  Cap- 
tain of  the  1st  company  or  trainband  in  the  town  of  En- 
field. 

This  Assembly  do  establish  Mr.  Ephraim  Pease  to  be  Lieu- 
tenant of  the  1st  company  or  trainband  in  the  town  of  En- 
field. 

This  Assembly  do  establisli  Mr.  Shubael  Geer  to  be  En- 
sign of  the  1st  company  or  trainband  in  the  town  of  En- 
field. 

This  Assembly  do  establish  Mr.  Stephen  Johnson  to  be 
Captain  of  the  8th  company  or  trainband  in  the  town  of  Nor- 
wich in  the  3d  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  David  Andrus  to  be  Lieu- 
65 


614  PUBLIC  RECORDS  [May, 

tenant  of  the  8th  company  or  trainband  in  the  town  of  Nor- 
wicli  in  the  3d  regiment  in  this  Colony. 

[369]  Upon  the  memorial  of  Azariah  Odcl  of  Fairfield,  ad- 
ministrator on  the  estate  of  Kate  Leavit  late  of  said  Fairfield, 
deceased,  shewing  to  this  Assembly  that  the  debts  due  from 
the  estate  of  said  deceased  surmount  the  moveable  part  of 
said  estate  the  sum  of  X12  4s.  S^d.  lawful  money,  and  pray- 
ing for  liberty  to  make  sale  of  so  much  of  the  real  estate  of 
said  deceased  as  will  raise  said  sum  <fec.:  Resolved  by  this 
Assembly,  that  the  said  Azariah  Odel  have  liberty  and  he  is 
hereby  impowered,  to  sell  so  much  of  the  real  estate  of  the 
said  deceased  Kate  Leavit  as  will  be  sufficient  to  pay  said 
sum  of  X12  4:S.  oi^d.  with  the  incident  charges  arising  on  such 
sale ;  taking  directions  of  the  court  of  probate  in  Fairfield 
district  therein. 

Upon  the  memorial  of  Frederick  Hawley  of  Stratford,  ad- 
ministrator on  the  estate  of  Sarah  Nichols  late  of  Stratford, 
deceased,  shewing  to  this  Assembly  that  the  debts  due  from 
the  estate  of  said  deceased  surmount  the  moveable  estate  of 
said  deceased  the  sum  of  X66  15s.  lOd.  lawful  money,  and 
praying  for  liberty  to  sell  so  much  of  the  real  estate  of  said 
deceased  as  to  pay  said  sum  wilh  the  incident  charges  arising 
thereon,  as  by  said  memorial  may  appear:  Resolved  by  this 
Assembly,  that  the  memorialist  have  liberty,  and  liberty  is 
hereby  granted  to  the  memorialist  and  he  is  hereby  fully  au- 
thorized and  impowered,  to  sell  so  much  of  the  real  estate  of 
said  deceased  as  to  make  the  aforesaid  sum  of  X66  15s.  lOd. 
lawful  money,  and  the  charges  thereon  arising;  taking  the 
directions  of  the  judge  of  the  court  of  probate  for  the  district 
of  Fairfield  therein. 

Upon  the  memorial  of  Daniel  Tooker,  of  Greenwich  in  this 
Colony,  shewing  that  he  hath  for  some  time  used  and  exer- 
cised the  art  or  trade  of  tanning  leather,  being  licensed  tliere- 
to  according  to  law,  and  now  tans  such  al)undant  quantities 
thereof  that  he  has  not  vent  therefor  in  this  Colony;  that  lie 
imports  the  greatest  part  of  the  hides  he  so  tans  from  abroad 
and  from  places  without  this  Colony  whereto  he  is  obliged  to 
make  remittances,  which  he  is  not  capable  of  making  but 
with  tanned  leather  and  which  is  contrary  to  the  statute  of 
this  Colony  in  that  case  made  and  provided ;  praying  for 
liberty  of  this  Assembly  to  transport  out  of  this  Colony  such 
part  or  all  such  leather  so  made  as  aforesaid  as  this  Assembly 
shall  think  fit,  as  per  memorial  on  file:  Resolved  by  this  As- 
sembly, that  the  memorialist  shall  have  liberty  and  be  per- 
mitted, and  liberty  is  hereby  granted  to  the  memorialist  and 


1761.]  OP    CONNECTICUT,  615 

hereby  he  is  permitted,  to  transport  from  this  Colony  any  and 
all  such  tanned  leather  as  he,  the  memorialist,  shall  so  tan  as 
aforesaid,  during  the  pleasure  of  this  Assembly ;  anything  in 
the  statute  aforesaid  to  the  contrary  notwithstanding. 

On  the  memorial  of  Rebecka  Sage,  administratrix  on  the 
estate  of  Amos  Sage  late  of  Middleton,  deceased,  shewing  to 
this  Assembly  that  the  debts  and  charges  allowed  by  the 
court  of  probate  in  tlie  district  of  Middleton  against  said  es- 
tate surmount  the  moveable  part  thereof  the  sum  of  £69  Is. 
lO^d.  lawful  money,  and  thereupon  praying  for  liberty  to 
some  suitable  person  to  sell  land  &c  :  Resolved  by  this  As- 
sembly, that  Mr.  Solomon  Sage  have  liberty,  and  liberty  is 
hereby  granted,  to  sell  so  much  of  tlie  lands  of  tlie  said  de- 
ceased as  will  procure  the  aforesaid  sum  of  sixty-nine  pounds 
lawful  money,  for  the  payment  of  the  debts  aforesaid, 
together  with  the  incident  charges  arising  on  such  sale;  tak- 
ing the  direction  of  the  court  of  probate  in  the  district  of 
Middleton  therein. 

On  the  memorial  of  Hannah  Burnham  of  Middleton,  ad- 
ministratrix on  the  estate  of  Michal  Burnham  late  of  Middle- 
ton,  deceased,  shewing  to  this  Assembly  that  the  debts  and 
charges  due  from  said  estate  and  allowed  by  the  court  of  pro- 
bate for  the  district  of  Middleton  sm-mount  the  moveable  part 
of  said  estate  the  sum  of  five  hundred  ninety-four  pounds 
nineteen  shillings  and  eleven  pence  lawful  money;  thereupon 
[870]  praying  for  liberty  ||  to  sell  lands  &c.:  Resolved  by  this 
Assembly,  that  Capt.  Joseph  Gleason  of  Middleton  be  ap- 
pointed, and  he  is  hereby  appointed  and  fully  impovvered,  to 
make  sale  of  so  much  of  the  real  estate  of  said  deceased  as 
will  procure  the  sum  aforesaid  with  the  incident  charges 
arising  on  such  sale ;  taking  the  direction  of  the  court  of  pro- 
bate for  the  district  of  Middleton  therein. 

Upon  the  memorial  of  Daniel  Fuller  of  Willington,  shew- 
ing to  this  Assembly  that  in  the  year  A.D.  1758,  he,  the  said 
Daniel  Fuller,  did  exchange  lands  in  said  Willington  with  the 
Rev'  Mr.  Daniel  Fuller  of  said  Willington,  who  about  the  latter 
end  of  November  1758,  was  taken  sick  of  the  small-pox,  who 
did  in  the  time  of  his  sickness  cause  a  deed  of  conveyance  of 
eighty-one  acres  of  land  in  Willington  to  be  made,  conveying 
the  same  to  the  memorialist,  which  deed  is  dated  December 
the  1st  day  A.D.  1758,  which  deed  the  said  Mr.  Daniel  Ful- 
ler did  sign,  seal  and  deliver  l)eforc  witnesses,  and  was  de- 
sirous to  have  acknowledged  the  same,  but  that  there  was  no 
authority  to  be  had  to  take  the  acknowledgment  of  said  deed 
by  reason  of  the  infectious  distemper,  and  that  the  said  Rev^ 


516  PUBLIC  RECORDS  [May, 

Mr.  Daniel  Fuller  soon  after  died  of  said  sickness,  never  hav- 
ing acknowledged  said  deed  &c.;  praying  this  Assembly  to 
order  and  decree,  that  the  said  deed  so  executed  by  the  said 
Mr.  Daniel  Fuller,  when  the  same  shall  be  recorded,  the  said 
deed  or  a  copy  of  such  record  be  allowed  as  evidence  as 
though  the  same  had  been  acknowledged  &c.  as  per  memorial 
on- file  appears:  Resolved  by  this  Assemldy,  that  the  said 
deed  so  made,  signed  and  sealed,  by  the  said  Mr.  Daniel  Ful- 
ler be  recorded,  and  that  the  same  being  recorded,  the  same 
or  a  copy  of  such  record  shall  be  allowed  as  evidence  to  all 
intents  and  purposes  as  though  the  same  had  been  acknowl- 
edged by  the  grantor  before  lawful  authority. 

Upon  the  memorial  of  Daniel  Horsford  jun"",  administrator 
upon  the  estate  of  Thomas  Dibble  late  of  Torrington,  deceased, 
representing  to  this  Assembly  that  the  debts  due  from  the 
estate  of  said  deceased  surmount  the  personal  estate  of  said 
deceased  the  sum  of  .£35  15s.  dd.  lawful  money;  praying 
that  some  suitable  person  might  be  appointed  to  make  sale  of 
so  much  of  the  real  estate  of  said  deceased  as  should  be  suffi- 
cient to  pay  said  sum  with  the  incident  charge  arising  on 
such  sale,  as  per  memorial  appears  :  Eesolved  by  this  As- 
sembly, that  the  memorialist  have  liberty,  and  liberty  is 
hereby  granted  unto  him,  to  make  sale  of  so  much  of  said 
estate  as  shall  be  sufficient  to  pay  said  sum  of  <£35  15s.  9d. 
with  the  incident  charge  arising  thereon  ;  taking  the  advice 
and  direction  of  said  court  of  probate  in  the  district  of  Litch- 
field therein. 

Upon  the  memorial  of  Stephen  Hull  of  Fairfield,  adminis- 
trator on  the  estate  of  Peter  Hull  late  of  said  Fairfield, 
deceased,  shewing  to  this  Assembly  that  the  debts  due  from 
the  estate  of  said  deceased  surmount  the  moveable  part  of 
said  estate  the  sum  of  .£56  3s.  O^d.  and  praying  for  liberty  to 
sell  so  much  of  the  real  estate  of  said  deceased  as  will 
raise  said  sum  &c.  :  Resolved  by  this  Assembly,  that  the 
said  Stephen  Hull  have  liberty  and  he  is  hereby  impowered, 
to  sell  so  much  of  the  real  estate  of  said  deceased  as  will  be 
sufficient  to  pay  said  sum  of  £56  3s.  O^d.  with  the  incident 
charges  arising  on  such  sale ;  taking  the  direction  of  the 
court  of  probate  in  the  district  of  Fairfield  therein. 

[371]  Upon  the  memorial  of  Nathan  Johnson  and  others, 
inhabitants  of  the  west  part  of  Stafford  in  the  county  of  Hart- 
ford, representing  that  they  live  at  a  great  distance  from  the 
meeting-house  in  said  Stafford,  so  that  they  cannot  without 
great  difficulty  attend  the  public  worship  there,  and  thereby 
their  families  are  in  a  great  measure  destitute  of  the  preach- 


1761.]  OP    CONNECTICUT.  517 

ing  of  the  gospel ;  praying  to  be  made  a  distinct  ecclesiastical 
society  &c.,  as  per  memorial  on  file  :  Resolved  by  this  Assem- 
bly, that  the  memorialists  and  all  other  tlie  inliabitants  living 
within  the  bounds  and  limits  mentioned  and  described  in  the 
vote  of  the  inhabitants  of  said  town  of  Stafford  in  their  town 
meeting  May  4th  1761,  viz:  To  begin  at  or  near  the  head  of 
Willamantick  River  where  it  comes  out  of  Brimfield  into  said 
Stafford,  and  then  down  the  river  as  the  river  runs  to  the 
place  at  which  the  west  branch  empties  itself  into  the  middle 
branch  of  said  river  against  Mr.  John  Lindseys  meadow,  and 
from  thence  a  due  south  point  till  it  strikes  the  south  line  of  the 
town  of  said  Stafford,  be  and  the  same  are  hereby  made  and 
constituted  a  distinct  ecclesiastical  society,  with  the  same 
powers,  priviledges  and  immunities  as  the  other  ecclesiastical 
societies  in  this  Colony  by  law  have.  And  the  said  society 
shall  be  called,  known  and  distinguished  by  the  name  of 
West-Stafford. 

Upon  the  memorial  of  Robert  Cleland  of  New  London, 
school-master  to  the  Mohegan  Indians,  shewing  to  this  Assem- 
bly that  sundry  of  the  parents  of  the  Indian  children  belong- 
ing to  his  school  aforesaid  have  died  in  the  King's  service, 
and  others  of  them  are  under  such  needy  cii'cumstances  that 
they  are  unable  to  provide  dinners  for  such  of  their  children 
as  ought  to  attend  said  school,  whereby  the  good  ends  pro- 
posed in  erecting  and  maintaining  said  school  is  liable  to  be 
injured  &c. ;  praying  that  some  small  allowance  might  be  made 
out  of  the  public  treasury  of  this  Colony  for  that  purpose  &c. 
as  per  memorial  on  file:  Resolved  by  this  Assembly,  that 
the  sum  of  six  pounds  in  bills  of  this  Colony  be  paid  to  said 
memorialist  out  of  the  public  treasury  of  this  Colony,  to  be 
applied  to  the  use  and  purpose  aforesaid,  taking  the  advice 
and  direction  of  the  Rev'  David  Jewet  and  Pygan  Adams, 
Esq"",  of  New  London,  therein;  and  the  Treasurer  of  this  Col- 
ony is  hereby  ordered  and  directed  to  pay  the  same  accord- 
ingly. 

On  the  memorial  of  Mr.  Benjamin  Woodbridge  of  New 
Haven,  clerk,  representing  that  on  the  22d  July  17.39, on  request 
of  the  minor  party  of  the  first  society  in  Wallingford  and  the 
concurrent  advice  of  an  ecclesiastic  council  he  had  assisted 
said  minor  party  in  carrying  on  divine  worship  on  the  Sab- 
bath in  the  meeting-house  of  said  first  society  during  the 
intermission  of  the  major  part  of  said  society's  worship  ;  that 
as  the  same  was  undertaken  on  the  advice  of  those  whose 
good  intentions  as  well  as  wisdom  and  acquaintance  with  the 
rules  of  decency  and  order  he  had  no  reason  to  question,  and 


518  PUBLIC  RECORDS  [May, 

executed  with  all  due  solemnity  and  simplicity  of  mind,  he 
might  reasonably  hope  and  expect  no  otfence  should  have 
been  taken  thereat ;  that  he  nevertheless  was  soon  after  com- 
plained of  and  prosecuted  as  a  violator  of  the  law,  before 
John  Whiting,  Esq^,  justice  of  the  peace,  and  on  the  15th 
August  then  next  judged  guilty  of  disorderly  assembling  on 
said  Sabbath,  and  accordingly  sentenced  to  pay  a  line  of  ten 
shillings  and  costs  of  prosecution  &c.  to  the  detriment  of  his 
ministerial  character  and  grievous  disadvantage  of  his  dis- 
charge of  office  &c.,  and  thereupon  praying  relief  &c. :  This 
Assembly,  being  satisfied  of  the  innocent  intentions  of  the 
memorialist,  in  great  tenderness  and  veneration  for  the  sacred 
office  and  in  prevention  of  all  hindrance  in  due  discharge 
thereof,  do  resolve,  that  the  memorialist  be  restored  to  all 
that  which  by  occasion  of  said  judgment  he  hath  lost  and 
been  subjected  to,  which  is  the  sum  of  £2  Is.  2d.,  and  that 
he  in  equity  ought  not  to  stand  in  the  light  and  under  the 
burdens  of  a  criminal,  do  therefore  order  the  Treasurer  of  this 
Colony  to  pay  to  the  memorialist  out  of  the  public  treasury 
the  sum  abovesaid,  the  amount  of  the  judgment  aforesaid. 

[-372]  Upon  the  memorial  of  Sarah  Redfield,  administi'a- 
trix  on  the  estate  of  Capt.  Peleg  Redfield  late  of  Killingworth, 
deceased,  representing  to  this  Assembly  that  the  debts  due 
from  said  estate  and  charges  of  administration  surmount  the 
personal  estate  of  said  deceased  the  sum  of  X88  ll.«.  S^J. 
lawful  money,  and  praying  for  liberty  to  make  sale  of  so 
much  of  the  real  estate  of  said  deceased  as  may  be  sufficient 
to  pay  said  sum  with  the  incident  charges  arising  the]  eon : 
Resolved  by  this  Assembly,  that  Mr.  Jonathan  \Vilcocks  of 
said  Killingworth  be  appointed  and  impowered  to  make  sale 
of  so  much  of  the  real  estate  of  said  deceased  as  shall  be  suffi- 
cient to  pay  said  sum  with  the  incident  charges  arising  thereon; 
taking  the  direction  of  the  court  of  probate  in  the  district  of 
Guilford  therein. 

On  the  memorial  of  Jacob  Hinsdall  and  Anne  Peck  of 
Harwinton,  executors  on  the  last  will  and  testament  of  Jacob 
Peck  of  said  Harwinton,  deceased,  shewing  to  this  Assembly 
that  the  debts  due  from  the  estate  of  said  deceased  surmount 
the  moveable  estate  the  sum  of  £86  16s.  Od.  lawful  money, 
and  praying  liberty  to  sell  so  much  of  the  real  estate  of  said 
deceased  as  to  make  said  sum  of  £8G  16s.  Od.  lawful  money 
with  the  incident  charges  arising  thereon,  as  by  said  memo- 
rial on  file  may  appear  :  Resolved  by  this  Assembly,  that 
the  memorialists  have  power,  and  they  are  hereby  authorized 
and   fully  impowered,  to  sell  so  much  of  the  real  estate  of 


1761.]  OF    CONNECTICUT.      ,  519 

said  deceased  as  to  make  the  aforesaid  sum  of  X86  16s.  Od. 
lawful  money,  to  answer  said  debts  and  the  charges  arising 
thereon  ;  taking  the  direction  of  the  court  of  probate  for  the 
district  of  Litchfield  therein. 

Upon  the  memorial  of  Matthew  Mead  and  Jeremiah  Mead, 
botli  of  Norwalk,  administrators  on  the  estate  of  Thaddeus 
Mead  late  of  said  Norwalk,  deceased,  shewing  to  this  Assem- 
bly tliat  the  debts  due  from  the  estate  of  said  deceased  with 
some  allowance  to  the  widow  exceed  the  moveable  part  of 
said  estate  the  sum  of  =£143  7s.  2fc?.,  and  praying  for  liberty 
to  sell  so  much  of  the  real  estate  of  said  deceased  as  will 
raise  said  sum  &c. :  Resolved  by  this  Assembly,  that  tlie 
said  administrators  liave  liberty  and  they  are  hereby  impow- 
ered,  to  sell  so  much  of  the  real  estate  of  said  deceased  as 
will  be  sufficient  to  pay  said  sum  of  X143  7s.  2|c?.  with  the 
incident  charges  arising  on  sucli  sale  ;  taking  the  direction  of 
the  court  of  probate  in  the  district  of  Fairfield  therein. 

Upon  the  memorial  of  Eunice  Morehouse  of  Fairfield,  ex- 
ecutrix of  the  last  will  and  testament  of  Ephraim  Morehouse 
late  of  said  Fairfield,  deceased,  shewing  to  this  Asseml)ly 
that  since  the  Assembly  of  this  Colony  in  Octolier  last  granted 
liberty  for  the  sale  of  some  part  of  the  real  estate  of  said 
deceased  for  the  payment  of  his  debts  that  then  appeared  to 
surpass  his  moveable  estate,  a  further  account  of  debts  due 
from  said  estate  hath  been  rendered  to  and  allowed  by  the 
court  of  probate  in  Fairfield  district,  amounting  to  the  sum 
of  X30  lis.  lOd.  and  that  she  hath  no  moveable  estate  of  the 
said  deceased  in  her  hands  to  pay  the  same,  and  that  the 
testator  made  no  provision  in  liis  said  will  for  the  payment  of 
his  debts  otherwise  than  out  of  his  moveable  estate,  and  pray- 
ing for  liberty  to  sell  so  much  of  the  real  estate  of  said 
deceased  as  will  pay  said  sum  of  X30  lis.  10c?.  &c.  : 
[373]  Resolved  by  this  Assembly,  that  the  said  Eunice  More- 
house and  David  Wheeler  jun'',  both  of  said  Fairfield,  have 
liberty  to  sell  and  they  are  hereby  impowered  to  sell  so  much 
of  the  real  estate  of  said  deceased  as  will  be  sufficient  to  raise 
said  sum  of  X30  lis.  lOd.  with  the  incident  charges  arising 
on  such  sale ;  taking  directions  of  the  court  of  probate  in  the 
district  of  Fairfield  therein. 

Upon  the  memorial  of  Nathan  Burwell  and  John  Patrick, 
both  of  Norwalk,  administrators  on  the  estate  of  David  Olm- 
sted late  of  said  Norwalk,  deceased,  shewing  to  this  As- 
sembly that  the  debts  due  from  the  estate  of  said  deceased 
surmount  the  moveable  part  of  said  estate  the  sum  of  £15  .3s. 
Id.  lawful  money,  and  praying  for  liberty  to  sell  so  much  of 


520  PUBLIC  RECORDS  [May, 

the  real  estate  of  said  deceased  as  will  raise  said  sum  &c.: 
Resolved  by  this  Assembly,  that  the  said  administrators  have 
liberty  and  they  are  hereliy  impowered,  to  sell  so  much  of  the 
real  estate  of  the  said  deceased  David  Olmsted  as  will  be 
sufficient  to  pay  said  sum  of  .£75  3s.  7c?.  with  the  incident 
charges  arising  on  such  sale  ;  taking  directions  of  the  court 
of  probate  in  Fairfield  district  therein. 

On  the  memorial  of  David  Jacobs,  administrator  on  the  es- 
tate of  Abraham  Jacobs  late  of  New  Haven,  deceased,  repre- 
senting to  this  Assembly  that  the  debts  due  from  the  estate 
of  said  deceased  surmount  the  personal  estate  of  said  deceased 
the  sum  of  <£11  7s.  lOf^.  lawful  money;  praying  for  liberty 
to  sell  so  much  of  the  real  estate  of  said  deceased  as  may  be 
sufficient  to  raise  said  sum  with  the  incident  charges,  as  per 
memorial  appears:  Resolved  by  this  Assembly,  that  said 
David  Jacobs  have  liberty,  and  liberty  and  authority  is  here- 
by granted  to  the  said  David  Jacobs,  to  sell  and  convey  so 
much  of  the  real  estate  of  said  deceased  as  shall  be  sufficient 
to  raise  said  sum  of  Xll  7s.  I0}d.  with  the  incident  charges 
which  may  arise  on  such  sale ;  taking  the  advice  of  the  court 
of  probate  for  the  district  of  New  Haven  therein. 

Upon  the  memorial  of  Daniel  Dudley  and  Mary  Dudley, 
administrators  on  the  estate  of  Daniel  Dudley  late  of  Wood- 
bury, deceased,  shewing  to  this  Assembly  that  the  debts  and 
charges  due  from  said  estate  together  with  some  small  allow- 
ances made  to  the  widow  of  things  necessary  to  keep  house 
surmount  the  moveable  part  of  said  estate  the  sum  of  X38 
3s.  Sd.  '2q.  lawful  money,  and  praying  for  liberty  to  make  sale 
of  so  much  of  the  real  estate  of  the  said  deceased  as  to  make 
said  sum  &c.,  as  per  memorial  on  file:  Resolved  by  this  As- 
sembly, that  the  said  Daniel  Dudley  have  liberty,  and  liberty 
is  hereby  granted  unto  him,  to  make  sale  of  so  much  of  the 
real  estate  of  the  said  Daniel  Dudley,  deceased,  as  to  make 
said  sum  of  X38  3s.  8c?.  2q.  lawful  money,  with  incident 
charges  arising  thereon;  taking  the  direction  of  the  court  of 
probate  in  the  district  of  Woodbury  therein. 

Upon  the  memorial  of  Abner  Mallary  and  Mary  Mallary, 
administrators  on  the  estate  of  John  Mallary  late  of  Wood- 
bury, deceased,  shewing  to  this  Assembly  that  the  debts  and 
charges  due  from  said  estate  with  some  small  allowances 
made  to  the  widow  of  things  necessary  to  keep  house  sur- 
mount the  moveable  part  of  said  estate  the  sum  of  .£59  13s. 
lid.  lawful  money,  and  praying  for  liberty  to  sell  so  much  of 
the  real  estate  of  the  said  deceased  as  to  make  said  sum  &c., 
as  per  memorial  on  file:  Resolved  by  this  Assembly,  that  the 


1761.] 


OF    CONNECTICUT, 


521 


said  Abner  Mallarj  have  liberty,  and  liberty  and  authority  is 
hereby  granted  unto  hiin,  the  said  Abner  Mallaiy,  to  make 
sale  of  so  much  of  the  real  estate  of  the  said  John  Mallary, 
deceased,  as  to  make  said  sum  of  £59  18s.  Ijd.  lawful  money 
with  incident  charges  arising  thereon;  taking  the  direction  of 
tlie  court  of  probate  for  the  district  of  Woodbury  therein. 

[374]  Upon  the  memorial  of  Timothy  Benedict,  Samuel 
Gates,  Jonah  Foster  and  others,  living  in  that  pai-t  of  the 
town  of  Ridgfield  commonly  called  llie  New  Patent,  shewing 
to  this  Assembly  that  the  memorialists  live  in  tlie  north  part 
of  said  town  and  very  remote  from  the  place  of  public  wor- 
ship to  which  they  belong ;  therefore  praying  to  be  made  a 
distinct  ecclesiastical  society  with  the  following  limits,  viz:  to 
begin  at  the  southwest  corner  at  a  place  called  the  Two  Mile 
Monument  upon  the  Colony  line  a  little  south  of  the  horse- 
pound,  from  thence  a  straight  line  to  the  mill  ])ridgc  near  Isaac 
Kelers  dwelling  house,  and  from  thence  a  straight  line  to  a 
chestnut-oak  tree  near  the  outlet  of  Bennits  Pond,  (so  called,) 
one  of  the  perambulation  bounds  between  Danbury  and  Ridg- 
field, from  thence  a  straight  line  as  the  perambulation  line 
runneth  to  a  heap  of  stones  upon  a  ledge  of  rocks  near  or 
upon  Jacob  Wildman's  lot  southwardly  from  his  dwelling- 
house,  and  from  thence  a  straight  line  to  a  large  heap  of 
stones  in  the  perambulation  line  westerly  of  Samuel  Bene- 
dicks dwelling  house,  end  from  thence  in  the  perambulation 
line  nortlierly  to  the  northwest  corner  of  Danbury  township, 
and  from  thence  west  as  New  Fairfield  line  runs  to  the  Colony 
line,  from  thence  southerly  by  the  Colony  line  to  the  first 
station:  Resolved  by  this  Assembly,  that  Abraliam  Daven- 
port and  Increase  Moseley,  Esq'"%  and  Mr.  Daniel  Booth  of 
Newtown,  be  and  they  are  hereby  appointed  a  committee  to 
repair  to  and  view  the  place  described  in  said  memorial  and 
hear  all  parties  concerned  and  consider  the  circumstances  and 
report  their  opinion  of  the  expediency  of  making  a  distinct 
ecclesiastical  society  within  the  limits  aforesaid  to  the  Gen- 
eral Assembly  to  be  holden  at  New  Haven  in  October 
next. 

Upon  the  memorial  of  Mary  Skinner  and  Ichabod  Stimp- 
son,  administrators  on  the  estate  of  Jose])h  Skinner  late  of 
Tolland,  deceased,  shewing  to  this  Assembly  that  the  debts, 
charges  and  allowances  due  from  the  estate  of  the  said 
Joseph  Skinner,  deceased,  surmount  the  personal  estate  of 
said  deceased  the  sum  of  £22  9s.  2d.  3,  lawful  money;  pray- 
ing for  liberty  to  sell  so  much  of  the  real  estate  of  said  de- 
ceased as  to  raise  said  sum  together  with  the  necessary  inci- 
66 


522  PUBLIC   RECORDS  [May, 

dent  charges  arising  on  said  sale,  as  per  memorial  on  file  ap- 
pears :  Resolved  by  this  Assembly,  that  the  said  Mary  Skin- 
ner and  Ichabod  Stimpson,  administrators,  have  liberty  and 
they  are  hereby  impowered,  to  sell  so  nmch  of  the  real  es- 
tate of  the  said  Joseph  Slvinner,  deceased,  as  to  raise  the  said 
sum  of  <£22  9s.  2d.  3,  lawful  money,  together  with  the 
necessary  incident  charges  arising  on  said  sale ;  taking  the 
direction  of  the  court  of  probate  in  the  district  of  Stafford 
therein. 

Upon  the  memorial  of  Ebenezer  Leach,  of  Coventry  in  the 
county  of  Windham,  shewing  to  this  Assembly  that  one 
Joseph  Green,  an  Indian  servant  to  said  memorialist,  was  a 
soldier  in  the  northern  campaigns  in  the  years  1757  and  1758, 
in  which  service  an  illness  came  upon  him  which  fell  into 
his  right  hip  and  grew  worse  and  worse  until  his  right  hip, 
thigh  and  leg  became  one  continued  putrifying  sore,  notwitli- 
standing  all  endeavours  that  could  be  used  and  means  applied 
by  the  most  experienced  surgeons,  and  so  continued  under 
the  most  distressing  pain  and  care  of  the  physicians  for  one 
year,  during  which  ilhiess  said  memorialist  ex[)cndcd  much 
time  and  money ;  praying  lor  some  allowance  out  of  the 
treasury  of  the  Colony:  Resolved  by  this  Assembly,  that  said 
memorialist  be  allowed  for  the  physicians  bills  and  his  other 
expences  in  said  illness,  the  sum  of  forty  pounds  lawful  money 
out  of  the  treasury  of  this  Colony,  and  the  Treasurer  of  this 
Colony  is  hereby  ordered  and  directed  to  pay  the  same 
accordingly. 

[375]  Upon  the  memorial  of  Judah  Hart  and  Sarah  Hart, 
administrators  of  the  estate  of  James  North  late  of  Canaan, 
deceased,  representing  to  this  Assembly  that  the  debts  due 
from  the  estate  of  said  deceased  which  was  allowed  by  the 
court  of  probates  for  the  district  of  Sharon  surmount  the 
whole  moveable  estate  and  so  much  of  the  real  estate  of  said 
deceased  as  hath  already  been  sold  by  order  of  the  General 
Assembly  the  sum  of  .£31  58.  8^*^.  lawful  money;  praying 
that  Capt.  Thomas  North  of  Sharon  might  be  impowered  to 
sell  so  much  of  real  estate  as  to  pay  said  sum  with  the  in- 
cident charge  of  sale,  taking  the  direction  of  the  court  of  pro- 
bate in  said  district,  as  per  the  memorial  appears :  Resolved 
by  this  Assembly,  that  said  Thomas  North  have  liberty  and 
liberty  and  authority  is  hereby  granted  unto  him,  to  sell  so 
much  of  said  estate  as  shall  be  sufficient  to  pay  said  £31  5s. 
8id.  with  the  incident  charge  of  such  sale ;  taking  the  direc- 
tion of  the  court  of  probates  in  said  district  therein. 

Upon  the  memorial  of  the  inhabitants  of  the  town  of  Staf- 


1761.]  OP    CONNECTICUT.  523 

ford,  representing  to  this  Assembly  that  the  bounds  dividing 
between  the  said  town  of  Stafford  and  the  town  of  Union 
have  never  been  erected  and  fixed,  by  means  whereof  many 
difficulties  have  already  arisen  and  many  more  are  likely  to 
arise  respecting  the  eastward  extent  of  the  township  of  Staf- 
ford aforesaid,  and  praying  this  Assembly  to  appoint  some 
suitable  person  or  persons  to  set  up  and  fix  the  bounds 
between  said  towns:  Resolved  by  this  Assembly,  that  Joseph 
Strong  jun'',  Zebulon  West  and  William  Wells,  Esqf^,  be  ap- 
pointed and  they  are  hereby  appointed  a  committee  to  repair 
to,  set  up  and  fix  the  bounds  dividing  between  said  towns  as 
prayed  for,  and  make  report  to  this  Assembly  in  October 
next. 

Upon  the  memorial  of  Jeremiah  Macomber,  conservator  of 
the  person  and  estate  of  Samuel  Cooper  of  New  Haven,  repre- 
senting to  this  Assembly  that  from  the  8th  day  of  April  1759, 
till  the  8th  day  of  April  last,  together  with  some  charge  of 
selling  land  according  to  act  of  Assembly  in  May  1759,  as 
allowed  by  the  county  court  held  in  New  Haven  in  April  last, 
surmounts  all  that  he  has  in  his  hands  as  conservator  to  pay 
the  same  the  sum  of  £21  Qs.  lh,d.  lawful  money;  praying 
that  he  might  be  appointed  to  make  sale  of  so  much  of  the 
real  estate  of  said  Samuel  Cooper  as  shall  enable  him  to  pay 
said  sum  with  the  charge  of  sale  :  Resolved  by  this  Assembly, 
that  said  conservator  have  liberty,  and  liberty,  authority  and 
power  is  hereby  granted  to  the  said  conservator,  to  sell  so  much 
of  said  real  estate  as  shall  be  sufficient  to  pay  said  sum  of  X27 
Gs.  l^d.  together  with  the  charges  arising  on  such  sale ;  giv- 
ing an  account  to  said  county  court  of  his  proceedings 
therein. 

On  the  memorial  of  Martha  Atwater  and  Joel  Atwater,  ad- 
ministrators on  the  estate  of  Jonathan  Atwater  late  of  New 
Haven,  deceased,  representing  to  this  Assembly  that  the  debts 
due  from  the  estate  of  said  deceased  with  some  allowance  to 
the  widow  surmount  the  personal  estate  of  said  deceased  the 
sum  of  £258  9s.  2|J.  lawful  money;  praying  for  liberty  to  sell 
so  much  of  the  real  estate  of  said  deceased  as  may  be  sufficient 
to  raise  said  sum  with  the  incident  charges ;  as  per  memorial 
appears:  Resolved  by  this  Assembly,  that  said  Joel  Atwater 
have  liberty,  and  liberty  and  authority  is  hereby  granted  to 
[376]  the  said  Joel  Atwater,  ||  to  sell  and  convey  so  much  of 
the  real  estate  of  said  deceased  as  shall  be  sufficient  to  raise 
said  sum  of  X253  9s.  '2-^d.  with  the  incident  ciiarges  which 
may  arise  on  such  sale  ;  taking  the  advice  of  the  court  of  pro- 
bate for  the  district  of  New  Haven  therein. 


524  PUBLIC   RECORDS  [May, 

On  the  memorial  of  John  Hall  4th  of  Wallingford,  admin- 
istrator on  the  estate  of  Abraham  Hall  late  of  said  Walling- 
ford, deceased,  representing  to  this  Assembly  that  the  debts 
due  from  the  said  estate  surmount  the  personal  estate  of  said 
deceased  the  sum  of  X32  2s.  S^d.  money  ;  praying  for  liberty 
to  sell  so  nnich  of  the  real  estate  of  said  deceased  as  shall  be 
sufficient  to  pay  said  sum  and  incident  charges  &c.,  as  per  said 
memorial  on  file  appears :  Resolved  by  this  Assembly,  that 
the  memorialist  have  liberty,  and  liberty  and  power  is  hereby 
granted  to  the  said  memorialist,  to  sell  and  convey  so  much 
of  the  real  estate  of  said  deceased  as  shall  be  sufficient  to 
raise  said  sum  of  £82  2s.  Hiid.  with  the  inci<lent  charges  of 
such  sale  ;  taking  the  direction  of  the  court  of  probate  for  the 
district  of  New  Haven  tlierein. 

On  the  memorial  of  Sarah  Ailing,  administratrix  on  the  es- 
tate of  Ebenezer  Ailing  late  of  Wallingford,  deceased,  repre- 
senting to  this  Assembly  that  the  debts  due  from  the  estate  of 
said  deceased  surmount  the  [>ersonal  estate  of  said  Ebenezer 
the  sum  of  X74  5s.  6d.  money ;  praying  for  liberty  to  sell  so 
much  of  the  real  estate  of  said  deceased  as  may  be  sufficient 
to  raise  said  sum  with  the  incident  charges,  as  per  said  me- 
morial appears:  Resolved  by  this  Assembly,  that  the 
memorialist  have  liberty,  and  liberty  and  authority  is  hereVty 
granted  to  the  said  memorialist,  to  sell  and  convey  so  much 
of  the  real  estate  of  said  deceased  as  shall  be  sufficient  to 
raise  said  sum  of  X74  5s.  6d.  with  the  incident  charges  which 
may  arise  on  such  sale  ;  taking  the  advice  of  the  court  of  pro- 
bate for  the  district  of  New  Haven  therein. 

Upon  the  memorial  of  Joseph  Bewel  jun^,  of  Soniers  in  the 
county  of  Hartford,  shewing  to  this  Assembly  that  he  being 
in  the  King's  service  in  the  year  1758,  in  Col.  Lyman's  regi- 
ment and  Capt.  Chapman's  company,  and  being  out  in  the 
scout  under  Major  Rogers  and  in  the  fight  near  Fort  Ann  the 
8th  day  of  August  in  said  year,  did  then  and  there  receive  a 
wound  in  his  leg  by  a  bullet  from  the  enemy ;  praying  this 
Hon'j''''  Assembly  to  grant  said  memorialist  the  sum  of  five 
pounds  out  of  the  treasury  of  this  Colony  therefor:  Resolved 
by  this  Assembly,  that  said  memorialist  be  allowed  and  paid 
out  of  [the]  treasury  of  this  Colony  the  said  sum  of  five  pounds 
as  prayed  for,  and  that  the  Treasurer  of  this  Colony  be  direc- 
ted accordingly. 

Upon  the  memorial  of  Lydia  Kelsey,  late  of  Killings  worth 
in  the  county  of  New  London,  now  of  Westfield  in  the 
Province  of  tbe  Massachusets  Bay,  a  minor,  by  her  guardian 
David  Noble,  late  of  Hebron  in  the  county  of  Hartford,  now 


1761.] 


OP    CONNECTICUT, 


525 


of  a  place  called  Pantosuck  in  said  Province,  representing 
that  in  the  winter  last  past  she  was  taken  sick  of  the  small- 
pox at  said  Westfield,  and  that  the  charge  and  expence  of  her 
sickness  till  the  time  of  her  recovery  amounts  to  £26  ll.s. 
lid.  lawful  money,  and  that  she  hath  neither  money  or  move- 
able estate  to  pay  the  same ;  praying  that  her  said  guardian 
may  be  impowered  to  sell  so  much  of  her  real  estate  as  shall 
be  sufficient  to  pay  said  sum  &c.:  Resolved  by  this  Assembly, 
that  the  said  David  Noble,  guardian  to  the  said  Lydia,  be  im- 
powered and  he  is  hereby  fully  authorized  and  impowered,  to 
sell  so  much  of  the  real  estate  of  the  said  Lydia  Kelsey  which 
lyeth  in  said  town  of  Killingsworth  as  shall  be  sufficient  to 
procure  the  aforesaid  sum  of  £'2G  lis.  lid.  and  the  incident 
chai'ges  arising  on  said  sale. 

[o77]  Upon  the  memorial  of  Jonas  Marsh  and  Mercy 
Merrills,  of  Canaan  in  Litchfield  county,  executors  on  the  last 
will  and  testament  of  Jonathan  Fellows  late  of  said  Canaan, 
deceased,  representing  to  this  Assembly  that  the  debts  due 
from  the  estate  of  said  deceased  surmounted  the  moveable  es- 
tate of  said  deceased  the  sum  of  <£44  14«.  4id.  lawful  money, 
and  that  liberty  hath  herefore  been  granted  by  this  Assembly 
for  the  sale  of  so  much  of  the  estate  as  amounted  to  the  sum 
of  £'20  Is.  9tZ.,and  that  there  is  debts  yet  remaining  due 
from  said  estate  the  sum  of  X24  lis.  l^d.  lawful  money,  and 
no  moveable  estate  to  answer  Ihe  same;  praying  for  liberty 
to  sell  so  much  of  said  real  estate  of  said  deceased,  to  answer 
the  same  <fcc.:  Resolved  by  this  Assembly,  that  Isaac  Law- 
rence of  said  Canaan  have  liberty  and  he  is  hereby  fully 
authorized  and  impowered,  to  make  sale  of  so  much  of  the 
real  estate  of  said  deceased  as  will  amount  to  the  said  sum  of 
£24  12s.  Ihd.  lawful  money,  together  with  the  incident 
charge  arising  thereon,  and  also  pay  the  said  debts;  taking 
the  direction  of  the  court  of  proljate  in  the  district  of  Shai"on 
therein. 

On  the  memorial  of  Thomas  Blakesly,  Caleb  Humaston  and 
others,  inhabitants  of  Waterbury  in  the  county  of  New  Haven, 
representing  to  this  Assembly  the  necessity  of  a  good  cart 
bridge  over  Waterbury  River  near  the  center  of  the  parish  of 
Northbury  in  said  town;  that  said  town  refusing  to  build 
su(;h  bridge  the  memorialists  have  at  great  expence  by  sub- 
scription erected  a  good  bridge  across  said  river  at  said  place 
<fec.;  praying  that  said  town  may  be  obliged  to  refund  said  ex- 
pence  and  to  maintain  said  bridge  for  the  future  &c.,  as  j)er 
memorial  on  file  :  Resolved  by  this  Assembly,  that  the  inhabi- 
tants of  the  town  of  Waterbury  aforesaid  shall  and  they  are 


626  PUBLIC   RECORDS  [May, 

hereby  ordered  to  pay  and  satisfy  to  the  memorialists  the  sum 
of  thirty  pounds  money,  in  reimlmrsement  of  their  expences 
in  building  the  bridge  aforesaid,  and  that  the  said  bridge  shall 
be  kept  up  and  maintained  at  the  cost  of  the  inhabitants  of 
said  town  of  Waterbury  for  the  future. 

Upon  the  memorial  of  William  Noyes  and  Seth  Marvin,  ad- 
ministrators on  the  estate  of  Matthew  Marvin  late  of  Lyme, 
deceased,  shewing  to  this  Assembly  that  the  debts  due  from 
the  estate  of  said  deceased  with  the  charge  of  administration 
surmounts  the  personal  estate  of  said  deceased  the  sum  of 
X421  19.S-,  bd.  lawful  money;  praying  that  some  suitable  per- 
son may  be  appointed  to  make  sale  of  so  much  of  the  real  es- 
tate of  said  deceased  as  shall  be  suflficient  to  pay  said  sum 
with  the  incident  charges  arising  on  such  sale,  as  per  me- 
morial on  file:  Resolved  by  this  Assemldy,  that  said  memori- 
alists have  liberty,  and  liberty  and  authority  is  hci-eby  granted 
to  said  memorialists,  to  make  sale  of  so  much  of  the  real  es- 
tate of  said  deceased  as  shall  amount  to  the  snm  of  four 
hundred  and  twenty-one  pounds  nineteen  shillings  and  five 
pence  lawful  money,  with  the  incident  charges  arising  on 
such  sale  ;  taking  the  direction  of  the  court  of  probate  for  the 
district  of  New  London  therein. 

Upon  the  memorial  of  Robert  Seeley,  administrator  on  tiie 
estate  of  Zadock  Sceley  late  of  Newtown,  deceased,  shewing  to 
this  Assembly  that  the  debts  due  from  said  estate  surmount  the 
personal  estate  of  the  deceased  the  sum  of  four  pounds  three 
shillings;  praying  to  this  Assembly  for  liberty  to  sell  lands, ^ 
as  per  memorial  on  file :  Resolved  by  this  Assembly,  that  the 
memorialist  have  liberty  and  he  is  hereby  impowered,  to  make 
sale  of  so  much  of  the  lands  of  the  deceased  as  to  procure  the 
aforesaid  sum  of  four  pounds  three  shillings  together  with  the 
incident  charge  arising  by  said  sale;  taking  the  direction  of 
the  court  of  probate  in  the  district  of  Danbury  therein. 

[378]  Upon  the  memorial  of  Peter  Hepburn  of  Milfoi-d, 
representing  to  this  Assembly  that  he  has  taken  the  ferry  es- 
tal)lished  by  anthority  of  the  General  Assembly  on  the  east 
side  of  Stratford  River ;  that  he  gives  a  large  rent  therefor  in 
expectation  of  keeping  a  house  of  public  entertainment  at 
said  ferry,  which  wonld  also  l)e  very  beneficial  for  travellers 
passing  said  ferry :  but  that  he  being  at  that  time  out  of  the 
government,  he  was  unhappily  forgotten  by  the  authority  and 
selectmen  of  Milford  during  all  the  period  by  law  allowed 
for  nominating  tavern-keepers  &c.;  praying  for  liberty  to  keep 
a  public  house  of  entertainment  the  year  ensuing,  as  per  me- 
morial on    file:  Resolved  by   this   Assembly,   that  the  said 


1761.]  OP    CONNECTICUT.  527 

Peter  Hepburn  have  liberty,  and  liberty  is  hereby  given  to 
the  said  Peter  Hepburn,  to  keep  a  house  of  pul)lic  entertain- 
ment at  said  ferry  the  year  ensuing,  subject  to  the  same  laws, 
rules  and  regulations  that  other  tavern-keepers  and  licenced 
houses  in  this  Colony  are  subject  to. 

Upon  the  memorial  of  Worthy  Waters  jun'  and  Ruth  Brown, 
administrators  on  the  estate  of  John  Brown  late  of  Hebron, 
deceased,  representing  to  this  Assembly  that  debts  due  from 
said  estate  and  charges  allowed  with  some  small  allowance 
made  to  the  relict  of  said  deceased  surmount  the  personal 
estate  of  said  deceased  the  sum  of  £29  Is.  5d.  lawful  money, 
and  praying  for  lil)erty  to  sell  so  much  of  the  real  estate  of 
said  deceased  as  shall  be  suflficiont  to  raise  said  sum  with  the 
incident  charges  arising  thereon  :  Resolved  by  this  Assem- 
bly, that  the  memorialist  have  liberty  and  lil)erty  to  sell  so 
much  of  the  real  estate  of  said  deceased  as  shall  be  sufficient 
to  raise  fsaid]  sum  with  the. incident  charges  arising  thereon  ; 
taking  the  direction  of  the  court  of  probate  in  the  district  of 
East  Haddam  therein. 

On  the  memorial  of  Thomas  Sadd  jun'^  of  Windsor,  execu- 
tor to  the  last  will  of  Timothy  Bissell,  late  of  Windsor  in  the 
district  of  Hartford,  deceased,  for  liberty  to  sell  real  estate  of 
tlie  said  deceased  for  the  payment  of  debts  &c.  due  from  said 
estate  to  the  value  of  £11  '2s.  lid.  lawful  money,  as  per 
memorial  on  file:  Resolved  by  this  Assembly,  that  the  said 
Thomas  Sadd  jun"",  have  liberty,  and  liberty  is  hereby  granted 
to  the  said  Thomas  Sadd  jun"",  to  sell  so  much  of  the  real 
estate  of  the  said  deceased  as  will  raise  the  sum  of  £11  2s. 
lid.  lawful  money,  for  the  payment  of  said  debts  with  inci- 
dent charges  of  sale  ;  taking  the  advice  of  the  court  of  pro- 
bate in  the  district  of  Hartford  therein. 

On  the  memorial  of  Christian  Smith,  administratrix  on  the 
estate  of  Levi  Smith  late  of  Weathersfield,  deceased,  for 
liberty  to  sell  of  the  real  estate  of  the  said  deceased  to  the 
value  of  £11  3s.  2^d.  lawful  money,  for  the  payment  of 
debts  and  charges  due  from  said  estate,  as  per  memorial  on 
file  :  Resolved  by  this  Assembly,  that  the  memorialist  have 
liberty,  and  lil)erty  is  hereby  granted  that  there  V)e  sold  of  the 
real  estate  of  the  said  deceased  to  the  value  of  £11  3s.  2hd. 
lawful  money,  with  incident  charges  of  sale  ;  and  this  court 
appoints  Israel  Williams  of  Weathersfield  to  sell  said  real 
estate  for  the  payment  of  said  debts,  taking  the  advice  of  the 
court  of  probate  in  the  district  of  Hartford  therein. 

Ui)on  the  memorial  of  Jacob  Keeney  jun'"  of  New  Milford, 
shewing  that  in  September  1755,  he  was  imprest  to  serve  as 


528  PUBLIC  RECORDS  [May, 

a  soldier  in  the  ])ay  of  this  Colony  in  the  company  coni- 
[379]  manded  by  Capt.  Thomas  Hol)hy,  ||  and  that  he  joyned 
and  marched  with  said  company  to  Lake  George,  and  that  he 
continued  at  Fort  Edward  to  keep  garrison  until  April 
1756,  and  then  on  his  return  home  was  taken  captive  by  the 
Indians  and  carried  to  an  Indian  town  near  Montreal,  where 
he  remained  in  captivity  and  endured  great  hardships  until 
August  1700,  and  that  his  gun  and  cloaths  were  taken  from 
him  by  the  enemy  ;  therefore  praying  for  some  reward  out  of 
the  treasury  of  this  Colony  :  Resolved  V)y  this  Asseml)ly, 
that  the  memorialist  have  paid  to  him  out  of  the  ti'easury  of 
this  Colony  the  sum  of  fifteen  pounds  on  account  of  liis  being 
captivated  as  aforesaid,  and  the  Treasurer  is  herel)y  ordered 
to  ]»ay  the  same  accordingly. 

Upon  the  memorial  of  John  Huntington  and  James  Steel, 
administrators  on  the  estate  of  Andrew  Hnntington  late  of 
Tolland,  deceased,  shewing  to  this  Asseml)ly  that  the  debts, 
charges  and  allowances  due  from  tlie  estate  of  said  Andrew 
Huntington,  deceased,  surmount  the  personal  inventoried 
estate  of  said  deceased  the  sum  of  X64  15s.  nd.  lawful  money; 
praying  for  liberty  to  sell  so  much  of  the  real  estate  of  said 
deceased  as  to  raise  the  said  sum  of  XG4  lAs.  5t^.  lawful 
money,  for  the  jiayment  of  debts,  witli  the  incident  cluxrges 
arising  on  said  sale,  as  per  memorial  on  file  ap])ears :  Re- 
sol  v'sd  by  this  As.seml^ly,  that  the  said  John  Huntington  and 
James  Steel  have  liberty,  and  liberty,  power  and  authority  is 
hereby  granted  to  them,  to  sell  so  much  of  the  real  estate  of 
said  Andi"ew  *lTuntington,  deceased,  as  to  raise  the  sum  of 
X64  15s.  5<^.  lawful  money,  for  the  payment  of  debts,  with 
the  incident  charges  arising  on  said  sale  ;  taking  the  direction 
of  the  court  of  probate  in  the  district  of  Stafford  therein. 

On  the  memorial  of  Nathaniel  Perry  and  Zacchens  More- 
house &c.,  church-wardens  and  vestry-men  of  Trinity  Church, 
so  called,  within  the  first  society  in  Fairfield,  shewing  to  this 
Assembly  the  great  difficulties  the  professors  of  the  Church 
of  England  belonging  to  said  church  lal)our  under  with  respect 
to  repairing  their  said  church  or  meeting-house  for  divine 
worship,  for  want  of  power  and  authority  to  tax  themselves 
for  such  purpose  ;  praying  for  relief  in  the  premises  :  Re- 
solved by  this  Assembly,  that  the  church-wardens  and  vestry- 
men of  said  church,  or  the  major  part  of  them,  be  and  hereby 
are  (^on  five  days  notice)  fully  authorized  and  impowered  to 
call  the  meml)ers  and  professors  of  the  Church  of  England 
belonging  to  said  church  to  meet  at  such  time  and  place  as 
they  shall  appoint,  when  and  where  being  so  met,  they  shall 


1761.]  OP    CONNECTICUT.  529 

be  and  hereby  are  fully  authorized  and  impowered  by  their  ma- 
jor vote  to  grant  such  rates  and  taxes  to  be  levyed  and  collected 
from  such  professors  as  aforesaid  as  shall  be  necessary  for 
the  purpose  of  repairing  such  meeting-house  or  church.  And 
they  are  also  hereby  further  authorized  and  impowered  to 
choose  a  committee  to  manage  the  repairing  of  such  house, 
and  to  appoint  a  collector  to  collect  such  rate  or  tax,  who 
shall  have  the  same  power  and  authority  to  collect  such  rate 
or  tax  and  be  accountable  therefor  in  the  same  manner  as 
other  collectors  by  law  are  ;  and  any  one  Assistant  or  justice 
of  the  peace  is  hereby  impowered  and  directed,  on  application 
to  him  made  bv  such  committee,  to  issue  such  warrant  for 
collecting  such  rate  as  by  law  they  are  impowered  and  direc- 
ted for  collecting  otiier  rates  and  taxes. 

Upon  the  memorial  of  Elizabeth  Hull  of  New  Haven, 
administratrix  on  the  estate  of  John  Hnll  late  of  said  New 
Haven,  deceased,  shewing  to  this  Assembly  that  the  debts 
and  charges  allowed  by  the  court  of  probate  in  the  district  of 
New  Haven  against  the  estate  of  the  said  deceased  with  some 
small  allowance  to  the  widow  surmount  the  whole  inventoried 
moveable  estate  the  sum  of  £21  8s.  '6d.  lawful  money,  and  pray- 
ing that  so  much  of  the  real  estate  may  be  sold  as  shall  be 
sufficient  to  raise  said  sum  with  the  incident  charges  arising 
[880]  thereon,  as  per  said  memorial  on  lile :  ||  Resolved  by  tliis 
Assembly,  that  Abraham  Auger  of  said  New  Haven  have 
liberty,  and  liberty  and  authority  is  hereby  granted  to  him, 
the  said  Abraham  Auger,  to  make  sale  and  convey  so  much 
of  the  real  estate  of  the  said  deceased  as  shall  be  sufficient  to 
raise  said  sum  of  X27  8s.  od.  with  the  incident  charges  aris- 
ing thereon  ;  taking  the  directions  of  the  court  of  probate  in 
the  district  of  New  Haven  therein. 

On  the  memorial  of  Samuel  Horton,  shewing  to  this  Assem- 
bly that  he  had  burnt  in  his  lionse  on  the  3d  day  of  May  1761, 
paper  bills  of  this  Colony  to  the  amf»unt  of  forty  sliillings 
lawful  money,  and  praying  that  an  order  might  be  granted  to 
him  on  the  Treasurer  of  this  Colony  for  the  sum  of  forty 
shillings,  as  per  said  memorial  on  file:  Resolved  by  this 
Assembly,  that  the  said  Samuel  Horton  be  allowed  and  that 
there  be  paid  to  him  out  of  the  treasury  of  this  Colony  the 
sum  of  forty  shillings  in  paper  bills ;  and  the  Treasurer  is 
hereby  ordered  to  pay  the  same  accordingly. 

Upon  the  memorial  of  John  Lewis,  Phincas  Royce,  Tim- 
othy Porter,  Jeremiah  Peck,  Timothy  Clark  and  Ezra  Kroun- 
son,  listers  of  the  town  of  Waterbury,  re[)resenting  that  in 
the  year  last  past,  being  listers  of  said  town  as  aforesaid,  they 

67 


630  PUBLIC  RECORDS  [May, 

assessed  fourfold  Joseph  Gueinisey  of  said  Waterbury  in  the 
sum  of  X176 ;  that  the  said-  Joseph  Guernsey  afterwards 
applied  to  a  justice  of  the  peace  and  two  of  the  selectmen  in 
said  town,  who  abated  the  said  fourfold  assessment  to  the  said 
Joseph  Guernsey,  to  wit,  three  fourth  parts  thereof,  being 
.£182;  that  said  justice  and  selectmen  mistook  the  law  &c. ; 
praying  tliat  the  doings  of  said  justice  and  selectmen  be  set 
aside  &g.  :  Resolved  by  this  Assembly,  that  the  aforesaid  do- 
ings of  the  said  justice  and  selectmen  in  granting  an  abatement 
of  the  aforesaid  three  fourth  parts  of  said  fourfold  assessment 
shall  be  and  the  same  is  hereby  reversed,  set  aside  and  made 
void,  and  all  collectors  and  others  concerned  are  to  conform 
themselves  to  tliis  resolve. 

Upon  the  memorial  of  Thomas  Hosmer  and  others,  proprie- 
tors of  the  township  of  Winchester,  Torrington  &c.,  and  inhabi- 
tants of  New  Hartford,  Symsbury  &c.,  representing  that  there 
is  great  necessity  of  a  public  road  or  highway  to  be  laid  out, 
to  begin  near  the  dwelling  house  of  Samuel  Derham  in  said 
Torrington  at  the  end  of  the  highway  already  laid  out,  and 
from  thence  to  said  township  of  Winchester  near  the  course 
of  the  road  as  now  used,  and  from  thence  through  said  Win- 
chester near  the  dwelling  liouse  of  Adam  Mott  and  Jonathan 
Mott,  or  where  it  may  best  suit,  until  it  comes  to  the  country 
road  in  Norfolk:  Resolved  by  this  Assembly,  that  Capt. 
Jonath.  Pettibone  and  Mr.  Abel  Merrills  be  and  they  are 
hereby  appointed  a  committee  to  view  and  consider  the  neces- 
sity and  conveniency  of  there  being  a  highway  laid  out  at  or 
near  the  place  aforesaid,  and  make  report  of  what  they  shall 
find  and  of  their  opinion  thereon  to  this  Assembly  at  their 
sessions  in  October  next. 

Upon  the  memorial  of  William  Tanner,  Benoni  Peck  and 
others,  representing  that  Ousatunnick  River,  (so  called,) 
running  thro'  the  western  part  of  this  Colony  from  the  line 
of  the  Massachusets  Colony  down  as  far  as  Derby  may.  with- 
out great  expence  be  so  cleared  and  disencumber'  d  of  its 
present  obstructions  as  to  render  it  greatly  advantageous  for 
transportation  &g.  and  beneficial  especially  to  the  western 
parts  of  this  government,  and  praying  liberty  to  such  purpose 
to  set  up  a  lottery  &c. :  Resolved  by  this  Assembly,  that 
Benjamin  Hall,  Esq"",  and  Col.  Joseph  Wooster  be  and  they  are 
herel)y  appointed  a  committee  to  repair  to  said  river  and 
[881]  the  same  carefully  to  view  and  examine,  noticing  the 
width,  de|)th,  gentleness  or  rapidity  of  its  current  in  the 
several  parts  of  it,  incumbrances  by  trees,  rocks  or  ledges,  or 
of  what  kind  soever,  during  their  progress  therein  carefully 


1761.]  OF    CONNECTICUT.  531 

keeping  an  exact  and  circumstantial  journal  of  whatever  they 
find  worthy  of  notice  therein,  as  particularly  as  may  be  de- 
scribing everything  considerable  as  an  hindrance  to  naviga- 
tion or  carriage  up  and  down  said  stream,  togetlier  with  their 
opinion  touching  the  practicableness  of  removing  tlie  same 
and  the  expence  necessary  to  that  purpose,  and  thereof  to 
make  return  to  this  Assembly  in  their  sessions  at  New  Haven 
in  Octo]>er  next. 

Upon  the  memorial  of  Mehitabel  Clark  (the  third)  of  Had- 
dam  in  the  county  of  Hartford,  administratrix  on  the  estate 
of  Jacob  Clark  late  of  said  Haddam,  deceased,  representing 
to  this  Assembly  the  debts  due  from  the  estate  of  said  de- 
ceased with  some  allowance  made  to  the  widow  surmount  the 
personal  estate  of  the  said  Jacob  Clark  the  sum  of  <£12  2s. 
lOd.  lawful  money,  and  praying  for  liberty  to  sell  so  much  of 
the  real  estate  of  the  said  deceased  as  shall  raise  the  said  sum 
with  the  incident  charges  arising  thereon :  Resolved  by  this 
Assembly,  that  Michal  Clark  of  said  Haddam  have  liberty 
and  liberty  and  power  is  hereby  granted  him,  to  sell  so  much 
of  the  real  estate  of  the  said  Jacob  Clark,  deceased,  as  shall 
raise  the  said  sum  of  twelve  pounds  two  shillings  and  ten 
pence  of  lawful  money,  with  the  incident  charges  arising 
on  such  sale ;  taking  the  direction  of  the  court  of  probate  in 
and  for  the  district  of  Middleton  therein. 

Upon  the  memorial  of  Sarah  Scott,  administratrix  on  the 
estate  of  Benjamin  Scott  late  of  Tolland,  deceased,  shewing 
to  this  Assembly  that  the  debts,  charges  and  allowances  due 
from  the  estate  of  the  said  Benjamin  Scott,  deceased,  sur- 
mount the  personal  estate  of  said  deceased  the  sum  of  X16 
4s.  M.  lawful  money ;  praying  for  liberty  to  sell  so  much  of 
the  real  estate  of  said  deceased  as  will  raise  said  sum  together 
with  the  incident  charges  arising  on  said  sale;  as  per  me- 
morial on  file  a]>pcars :  Resolved  by  this  Assembly,  that  tlie 
said  Sarah  Scott,  administratrix,  have  liberty  and  she  is 
hereby  impowcj-ed,  to  sell  so  much  of  the  real  estate  of  the 
said  Benjamin  Scott,  deceased,  as  will  raise  the  said  sum  of 
£16  4s.  id.  lawful  money,  for  the  payment  of  debts,  together 
with  the  incident  charges  arising  on  said  sale;  taking  the 
direction  of  the  court  of  probates  in  the  district  of  Stafford 
therein. 

Upon  the  memorial  of  Jonathan  Olmsted  and  Mary  Cole, 
both  of  Hartford,  administrators  on  the  estate  of  Jonathan 
Cole  late  of  Hartford,  deceased,  representing  to  this  Assembly 
that  the  debts  and  charges  due  from  said  deceased's  estate 
and  necessaries  allowed  the  widow  surmount  the  moveable 


632  PUBLIC   RECORDS  [May, 

estate  of  said  deceased  the  sum  of  forty  pounds  four  shillings 
and  five  pence  farthing ;  praying  for  liberty  to  sell  so  much 
of  the  real  estate  of  said  deceased  as  shall  pay  and  answer 
the  aforesaid  sinn  &c.,  as  per  memorial  on  file:  Resolved  by 
this  Assembly,  that  the  memorialists  have  liberty  and  lilterty 
is  hereby  granted  to  them,  to  make  sale  of  so  much  of  the 
real  estate  of  said  deceased  as  shall  be  sufficient  to  pay  and 
answer  the  aforesaid  sum  of  forty  j^ounds  four  shillings  and 
five  pence  one  farthing  and  the  incident  charges  arising  there- 
on ;  taking  the  direction  of  the  court  of  probates  for  the  dis- 
trict of  Hartford  therein. 

Upon  the  memorial  of  Joseph  Luce  jun""  of  Tolland,  ad- 
ministrator on  the  estate  of  Israel  Luce  late  of  Sharon,  de- 
[08:^]  ceased,  shewing  to  this  Assembly  ||  that  the  debts, 
charges  and  allowances  due  from  the  estate  of  the  said  Israel 
Luce,  deceased,  surmount  the  personal  estate  of  the  said  de- 
ceased the  sum  of  <£41  Is.  Sd.  2,  lawful  money ;  praying  for 
liberty  to  sell  so  much  of  the  real  estate  of  said  deceased  as 
to  raise  said  sum  together  with  the  necessary  incident  charges 
arising  on  said  sale,  as  per  memorial  on  iile  appears:  Re- 
solved l)y  this  Assembly,  that  the  memorialist  have  liberty 
and  he  is  hereby  impowered,  to  sell  so  much  of  the  real  es- 
tate of  the  said  Israel  Luce,  deceased,  as  to  raise  the  afore- 
said sum  of  £41  7s,  3d.  2,  lawful  money,  for  the  payment  of 
the  debts  of  the  said  deceased,  together  with  the  necessary 
incident  charges  arising  on  said  sale;  taking  the  direction  of 
.  the  court  of  probates  in  the  district  of  Sharon  therein. 

Upon  the  memorial  of  Azariah  Bedient  of  Norwalk,  admin- 
istrator on  the  estate  of  Thomas  Bedient  late  of  said  Norwalk, 
deceased,  shewing  to  this  Assembly  that  the  debts  due  from 
the  estate  of  said  deceased  surniount  the  moveable  part  of 
said  estate  the  sum  of  £62  Os.  Sd.  for  the  i)ayment  whereof 
he  hath  nothing  in  his  hands,  and  praying  for  liberty  to  make 
sale  of  so  much  of  the  real  estate  of  said  deceased  as  will  pay 
and  discharge  said  sum  &c.:  Resolved  by  this  Assemljly,  that 
the  memorialist  have  liberty  and  he  is  hereby  impowered,  to 
sell  so  much  of  the  real  estate  of  the  said  deceased  Thomas 
Bedient  as  will  be  sufficient  to  pay  and  discharge  said  sum  of 
,£62  6s.  3d.  with  the  incident  charges  arising  on  such  sale ; 
taking  directions  of  the  court  of  probate  in  the  district  of 
Fairfield  therein. 

Upon  the  memorial  of  Archibald  Kesson,  administrator  on 
the  estate  of  John  Divan  Berry  late  of  Woodbury,  deceased, 
shewing  to  this  Assembly  that  the  debts  and  charges  due 
from  said  estate  surmount  the  moveable  part  of  said  estate 


1761.] 


OF     CONNECTICUT, 


533 


the  sum  of  X28  46-.  id.  lawful  money,  and  praying  for  liberty 
to  make  sale  of  so  much  of  the  real  estate  as  to  make  said 
sum  of  £2S  4s.  4:d.  &c.,  as  per  memorial  on  file  :  Resolved  by 
this  Assembly,  that  the  memorialist  have  liberty,  and  liljcrty 
and  authority  is  hereby  given  to  tlie  said  Archibald  Kesson, 
to  make  sale  of  so  much  of  the  real  estate  of  the  said  John 
Divan  Berry  as  to  make  said  sum  of  X28  4s.  id.  lawful 
money  witli  incident  cliarges  arising  thereon  ;  taking  the 
direction  of  the  court  of  probate  for  the  district  of  Woodbury 
therein. 

Upon  the  memorial  of  Peter  Ward,  administrator  on  the 
estate  of  Amos  Ward  late  of  Somers,  deceased,  re})resenting 
to  this  Assembly  that  the  debts  due  from  said  estate  of  said 
deceased  surmount  the  personal  estate  of  said  deceased  the 
sum  of  sixty-two  pounds  twelve  shillings  and  nine  ])ence  law- 
ful money,  and  praying  that  liberty  may  be  granted  to  some 
meet  person  to  sell  all  or  so  much  of  the  real  estate  of  said 
deceased  as  shall  be  sufficient  to  raise  said  sum  with  the  inci- 
dent charges  arising  thereon :  Resolved  by  this  Assembly, 
that  the  memorialist  have  liberty  and  he  is  hereby  impowered, 
to  sell  so  much  of  the  real  estate  of  said  deceased  as  shall  be 
suthcient  to  raise  said  sum  with  the  incident  charges  arising 
thereon  ;  taking  the  direction  of  the  court  of  probates  in  the 
district  of  Stafford  thereon. 

Upon  the  memorial  of  Ral[)h  Isaacs  of  Norwalk  and  David 
Burr  jun""  of  Fairfield,  both  of  Fairfield  county,  as  they  are 
executors  of  the  last  will  and  testament  of  Andris  Truby  late 
of  Fairfield,  deceased,  representing  to  this  Assembly  that  the 
debts  due  from  the  estate  of  said  deceased  surmomit  the 
credits  and  moveable  estate  of  said  deceased  the  sum  of  eighty- 
six  i)Ounds  twelve  shillings  and  seven  pence;  that  they  have 
nothing  in  their  hands  to  pay  the  same;  praying  that  they,  or 
either  of  them,  may  have  liberty  to  sell  so  much  of  the  real 
estate  of  said  deceased  as  shall  be  sufficient  to  pay  and 
answer  said  sum  with  the  necessary  charges  thereon,  as  per 
[383]  memorial  on  file:  ||  Resolved  l)y  this  Assembly,  that 
said  David  Burr  jun'",  one  of  the  said  executors,  shall  have 
liberty,  and  liberty  is  hereby  granted  to  him,  to  make  sale  of 
so  much  of  the  real  estate  of  said  deceased  as  shall  be 
sufficient  to  pay  and  answer  said  sum  of  eighty-six  pounds 
twelve  shillings  and  7d.  with  the  necessary  charges  arising  on 
such  sale ;  taking  the  direction  of  the  court  of  probate  for  the 
district  of  Fairfield  therein. 

Upon  the  memorial  of  Mary  Mattoon,  administratrix  on  the 
estate  of  Nathaniel  Mattoon  late  of  Wallingford,  deceased, 


534  PUBLIC   RECORDS  [May, 

shewing  that  the  debts  due  from  said  estate  with  some  allow- 
ances made  to  the  widow  surmount  the  moveable  estate  of 
said  deceased  the  sum  of  X67  10s.  lid.  lawful  money;  pray- 
ing this  Assembly  for  liberty  to  sell  so  much  of  the  real  es- 
tate of  said  deceased  as  will  be  sufficient  to  procure  said  sum 
and  incident  charges  of  sale :  Resolved  by  this  Assembly,  that 
the  memorialist  have  liberty  and  she  is  hereby  impowcred,  to 
sell  so  much  of  the  real  estate  of  the  said  Nathaniel  Mattoon, 
deceased,  as  will  be  sufficient  to  procure  said  sum  of  X67 
10*-.  lid.  together  with  the  incident  charges  of  such  sale; 
taking  the  direction  of  the  court  of  probate  for  the  district  of 
New  Haven  therein. 

Upon  the  memorial  of  the  selectmen  of  the  town  of  New- 
town, showing  to  this  Assembly  that  for  many  years  past  the 
said  town  has  been  at  the  cost  and  charge  of  su|)portiiig  two 
idiots  and  distracted  persons,  viz:  Thaddeus  and  Phineas 
Lyon,  which  cost  &g.  has  been  <£25  Os.  Od.,  and  said  persons 
still  remain  very  chargeable  to  said  town;  and  also  shewing 
that  some  time  since  there  has  a  small  piece  of  land 
of  between  five  and  six  acres  accrued  to  said  Thaddeus 
&G.  by  the  death  of  their  brethren,  valued  by  a})prizers  at  £13 
Os.  Od.  lawful  money ;  praying  to  this  Assembly  for  lil)crty 
to  sell  said  land  for  the  payment  of  said  sum :  Resolved  by 
this  Assembly,  that  said  selectmen  of  said  Newton  have 
liberty  and  they  are  hereby  impowered,  to  make  sale  of  said 
land  to  pay  said  sum  or  so  much  of  said  sum  as  said  land 
shall  be  sold  for. 

Upon  the  memorial  of  John  Moor  of  Lyme,  administrator 
on  the  estate  of  Robert  Chapman  late  of  Lyme,  deceased, 
shewing  to  this  Assemldy  that  the  debts  due  from  said  estate 
with  the  charges  of  administration  and  some  small  allowance 
for  the  support  of  the  family  of  said  deceased  amounts  to  the 
sum  of  <£22  6s.  Od.  lawful  money,  that  the  whole  inventoried 
estate  of  said  deceased  amounts  to  the  sum  of  <£22  ds.  Od. 
lawful  money,  whereof  £18  Is.  Od.  is  real  and  the  residue, 
viz:  £4  2s.  Od.  is  personal  estate;  praying  for  liberty  to  sell 
the  real  estate  of  said  deceased  to  ])ay  the  said  debts  &c.,  as 
per  memorial  on  file  &c.:  Resolved  by  this  Assembly,  that 
said  memorialist  have  liberty,  and  liberty  and  authority  is 
hereby  granted  to  him,  to  make  sale  of  so  much  of  the  real 
estate  of  said  deceased  for  the  purpose  aforesaid  as  shall  be 
necessary  to  pay  said  debts  &c.  (saving  to  the  widow  her 
right  of  dower ;)  taking  the  direction  of  the  court  of  probate 
of  New  London  therein. 

Upon  the  memorial  of  Judith  Shaler,  Joshua  Dart   and 


1761.]  OF    CONNECTICUT.  535 

John  Gilbert,  of  Bolton,  administrators  on  the  estate  of  Eben- 
ezer  Shaler,  late  of  Bolton  in  the  district  of  Hartford,  de- 
ceased, shewing  to  this  Assembly  that  the  debts  due  from  the 
estate  of  said  deceased  after  necessaries  set  out  to  the  widow 
surmount  the  personal  estate  of  said  deceased  the  sum  of 
£96  13s.  'M.  lawful  money;  praying  for  liberty  to  make  sale 
of  so  much  of  the  real  estate  of  said  deceased  as  shall  satisfy 
said  sum :  Resolved  by  this  Assembly,  that  the  memorialists 
have  liberty  and  they  are  hereby  authorized  and  impowered, 
to  make  sale  of  so  much  of  the  real  estate  of  said  deceased  as 
to  satisfy  said  sum  with  incident  charges  of  said  sale  ;  taking 
the  advice  of  the  court  of  probate  in  said  district  therein. 

Upon  the  memorial  of  Samuel  Phelps  of  Lyme,  administra- 
tor on  the  estate  of  Silas  Tiffany  late  of  Lyme,  deceased,  with 
the  will  of  said  Tiffany  annexed,  representing  that  the  debts 
due  from  the  estate  of  said  deceased  surmount  the  personal 
estate  the  sum  of  £38  5s.  2d.  and  that  no  provision  is  made 
in  said  will  for  the  payment  of  said  debts ;  praying  for  liberty 
to  sell  and  dispose  of  so  much  of  said  real  estate  as  shall  be 
sufficient  to  raise  said  sum  together  with  the  incident  charges 
of  sale:  Resolved  by  this  Assembly,  that  said  administrator 
have  liberty,  and  liberty  is  hereby  granted  to  him,  to 
[384]  make  ||  sale  of  so  much  of  the  real  estate  of  said  de- 
ceased as  shall  be  sufficient  to  raise  said  sum  of  £38  ijs.  2d. 
together  with  the  incident  charges  arising  on  said  sale ;  tak- 
.ing  the  direction  of  the  court  of  probate  for  the  district  of 
New  London  therein. 

Upon  the  memorial  of  Samuel  Bears  and  Moses  Peck,  of 
Newtown  in  the  county  of  Fairfield,  executors  to  the  last  will 
and  testament  of  Job  Northrop  late  of  said  Newtown,  deceast, 
shewing  to  this  Assembly  tliat  no  provision  was  made  in  said 
will  for  the  payment  of  tbe  debts  due  from  said  estate  any 
farther  tban  the  moveable  estate  extended,  which  debts  Avith 
the  allowance  of  =£9  6s.  Od.  of  necessaries  for  the  widow  as 
allowed  by  the  court  of  probate  in  the  district  of  Danbury  sur- 
mount said  moveable  estate  the  sum  of  <£4o  6s.  [}^d.;  praying 
to  this  Assembly  for  liberty  to  sell  so  much  of  the  real  estate 
of  said  deceast  as  to  pay  said  sum  of  £43  6s.  9d.  3:  Re- 
solved by  this  Assembly,  that  the  said  executors  have  liberty, 
and  power  is  hereby  given  to  them,  to  sell  so  much  of  the  real 
estate  of  said  deceased  as  to  pay  said  sum  of  -£43  G.*t.  dd.  3, 
with  the  necessary  charges  arising  thei-eon :  taking  the  di- 
rection of  the  court  of  probate  in  the  district  of  Danbury 
therein. 

Upon  the  memorial  of  Daniel  Thomas  of  New  Haven,  ad- 


536  PUBLIC  RECORDS  [May, 

ministrator  on  the  estate  of  Daniel  Thomas  late  of  said  New 
Haven,  deceased,  shewing  to  this  Assembly  that  the  debts 
and  charges  allowed  Ijy  the  conrt  of  probate  for  the  district 
of  New  Haven  against  the  estate  of  the  said  deceased  sur- 
mount the  whole  inventoried  moveable  estate  the  sum  of  <£-39 
7s.  lie?,  lawful  money,  and  praying  that  he  may  have  liberty  to 
make  sale  of  so  much  of  the  real  estate  of  the  deceased  as  may 
be  sufficient  to  raise  said  sum  of  £o9  Is.  lid.  with  the  inci- 
dent charges  arising  thereon,  as  per  said  memorial  on  file 
may  appear:  Resolved  by  this  Assembly,  that  the  said  Daniel 
Thomas  have  liberty,  and  liberty  and  power  is  hereby  granted 
to  him  the  said  Daniel  Tbomas,  to  make  sale  of  so  much  of 
the  real  estate  of  the  said  deceased  as  may  be  sufficient  to 
raise  said  sum  of  £39  7.s.  lid.  lawful  money,  with  the  inci- 
dent charges  arising  thereon  ;  taking  the  directions  of  the 
court  of  probate  for  the  district  of  New  Haven  therein. 

Upon  the  memorial  of  William  Durkee,  administrator  on 
the  estate  of  Jacob  Woodward  late  of  Woodstock,  deceased, 
representing  to  this  Assembly  that  the  debts  due  from  the 
estate  of  said  deceast  surmount  the  personal  estate  of  said  de- 
ceast  the  sum  of  X244  16s.  Od.  lawful  money;  praying  that 
so  much  of  the  real  estate  of  said  Jacob  Woodward  be  sold  as 
to  raise  said  sum  of  £244  IG.s.  Oc^.  and  the  incident  charges 
arising  thereon :  Resolved  by  this  Assembly,  that  so  much  of 
the  real  estate  of  said  Jacob  Woodward  be  sold  as  will  raise 
said  sum  of  £244  IG.s.  Od.  and  the  incident  charges  arising 
thereon,  and  tbat  the  said  William  Durkee  is  appointed  to 
make  sale  of  said  real  estate,  taking  the  direction  of  the  judge 
of  probates  in  the  district  of  Pomfret  therein. 

On  the  memorial  of  Samuel  Pratt,  of  Saybrook  in  New 
London  county,  conservator  of  the  person  and  estate  of  Eben- 
ezer  Pratt  of  said  Saybrook,  representing  to  this  Assembly 
that  on  settlement  of  his  accounts  in  his  aforesaid  capacity  by 
the  county  court  for  New  London  county  there  appears  to  be 
due  fj'om  said  estate  and  allowed  by  said  court  the  sum  of 
£34  19.S-.  \0d.  lawful  money,  for  payment  vvhefeof  no  perso- 
nal estate  of  said  Ebenezer  remains  in  the  hands  of  the  me- 
morialist; praying  that  liberty  may  be  given  to  some  meet 
jierson  to  sell  so  much  of  the  real  estate  of  said  Ebenezer  as 
shall  be  sufficient  to  satisfie  said  debt  and  to  raise  a  further 
sum  for  defraying  the  growing  expence  for  the  support  of  the 
said  Ebenezer  Pratt;  as  per  memorial  on  file  appears:  Re- 
solved by  this  Assembly,  that  Capt.  Hezekiah  Whittlesey  of 
said  Saybrook  liave  liberty,  and  liberty  and  authority  is  bere- 
[385]   l)y  granted  to  the  said  ||  Hezekiah  Whittlesey,  to  sell 


1761.]  OF    CONNECTICUT.  537 

and  dispose  of  so  much  of  the  real  estate  of  said  Ebenezer 
Pratt  as  shall  be  sufficient  to  pay  said  debt  and  also  to  raise 
a  further  sum  not  exceeding  £"20  Os.  Od.  lawful  money,  for 
defraying  the  farther  charge  of  the  support  of  said  Ebenezer 
and  the  incident  charge  arising  on  such  sale ;  rendering  an 
account  of  his  proceedings  herein  and  of  the  monies  which 
may  arise  on  such  sale  to  the  county  court  for  New  London 
county. 

Upon  the  memorial  of  Samuel  Peck,  administrator  on  the 
estate  of  Joseph  Peck  late  of  Greenwich,  deceased,  represent- 
ing to  this  Assembly  that  the  debts  due  from  said  deceased's 
estate  surmount  the  personal  estate  of  said  deceased  the  sum 
of  X-18  19s.  ^J^d.  and  praying  for  liberty  to  sell  so  much  of 
the  real  estate  of  said  deceased  as  shall  be  sufficient  to  raise 
said  sum  with  the  incident  cliarges  arising  thereon:  Re- 
solved by  this  Assembly,  the  memorialist  have  liberty  and  he 
is  hereby  impowered,  to  sell  so  much  of  the  real  estate  of 
said  deceased  as  shall  be  sufficient  to  raise  said  sum  with  the 
incident  charges  arising  thereon ;  taking  the  direction  of  the 
court  of  probates  in  the  district  of  Stamford  therein. 

Upon  the  memorial  of  Rachel  Moger  of  Stanford,  adminis- 
tratrix on  the  estate  of  Samuel  Moger  late  of  said  Stanford, 
deceased,  shewing  to  this  Assembly  that  she  hath  already  ob- 
tained liberty  to  sell  and  dispose  of  the  real  estate  of  the  said 
deceased  for  the  payment  of  the  debts  and  charges  due  from 
said  estate  to  the  amount  of  £19  10s.  dd.  and  that  the  whole 
of  said  real  estate  of  the  said  deceased  consists  of  a  house 
and  lot  and  shop,  prized  at  .£34,  and  that  the  said  memori- 
alist after  having  obtained  liberty  as  aforesaid  attempted  both 
in  a  public  and  private  manner  to  make  sale  of  a  part  of  said 
real  estate  to  pay  said  debts  and  charges,  but  hath  not  been 
able  to  effect  said  sale  nor  make  payment  of  said  debts  and 
charges,  there  being  no  person  willing  to  purchase  a  part  of 
said  real  estate  unless  they  can  purchase  the  whole,  she  being 
thereby  greatly  troubled  and  perplexed,  and  praying  for 
liberty  to  sell  the  whole  of  said  real  estate  of  the  said  Samuel 
Moger,  deceased,  «fec.,  as  per  memorial  on  file:  Resolved  by 
this  Assembly,  that  the  said  memorialist  have  liberty,  and 
liberty  is  hereby  given  unto  her,  the  said  memorialist,  to 
make  sale  of  the  whole  of  said  real  estate  of  the  said  Samuel 
Moger,  deceased,  and  the  remainder  of  said  estate  besides 
said  sum  of  ,£19  10s.  9d.  and  the  incident  charges  arising  on 
said  sale  be  disposed  of  or  paid  to  the  widow  and  heirs  of  said 
deceased  in  such  manner  and  proportion  as  the  court  of  pro- 
bate for  the  district  of  Stanford  shall  order  and  direct. 
68 


538  PUBLIC  RECORDS  [May, 

Upon  the  memorial  of  Ebenezer  Jones,  of  Coventry  in  the 
county  of  Windham,  administrator  on  the  estate  of  John 
Clesson  of  Lebanon,  deceast,  shewing  to  this  Assembly  that 
the  debts  due  from  the  estate  of  said  deceast  surmount  the 
moveable  inventoried  estate  the  sum  of  X17  ll.s-.  1(^.  lawful 
money;  praying  for  liberty  from  this  Assembly  to  sell  so 
much  of  the  real  estate  of  said  deceased  as  to  pay  said  sura  of 
£\1  lis.  Id.  with  the  charges  arising  thereon:  Resolved  by 
this  Asseml)ly,  that  the  said  Eltenezcr  . I  ones  has.  liljerty,  and 
liberty  is  hereby  granted  unto  him,  to  sell  so  much  of  the  real 
estate  of  the  said  deceast  as  to  enable  him  to  pay  the  sum  of 
<£17  lis.  1(1.  lawful  money  together  with  the  charges  arising 
on  said  sale;  taking  the  direction  of  the  court  of  probate  in 
the  district  of  Windham  therein. 

Upon  the  memorial  of  Mehitabel  Tracy,  of  Canterbury  in 
the  county  of  Windham,  administratrix  on  the  estate  of 
Phineas  Tracy  late  of  said  Cantcrliury,  deceast,  shewing  to 
this  Assembly  that  the  real  estate  of  said  deceast  amounts  to 
the  sum  of  £1298  Os.  Od.  and  that  the  moveable  or  personal 
estate  of  the  deceast  amounts  to  no  more  than  the  sum  of 
,£369  17s.  8t?.,  and  that  the  debts  due  from  said  estate  with 
necessaries  allowed  to  the  widow  t%c.  amounts  to  the  sum  of 
£761  8s.  9(i.,  so  that  the  debts  &c.  surmount  the  said  personal 
estate  the  sum  of  £391  lis.  Id.;  praying  to  this  Assembly  for 
liberty  to  sell  so  much  of  said  real  estate  as  to  pay  said  sum 
of  £391  lis.  Id.:  Resolved  by  this  Assembly,  that  Mehitabel 
[386]  Tracy,  the  administratrix  ||  to  said  estate,  have  liberty, 
and  power  is  hereby  granted  to  her,  to  sell  so  much  of  said 
real  estate  as  to  pay  said  sum  of  £391  lis.  Id.  with  the  neces- 
sary charges  arising  thereon  ;  taking  the  directions  of  the 
court  of  probate  for  the  district  of  Plainfield  therein. 

Upon  the  memorial  of  Thomas  Fuller  2d,  Jared  Spencer 
and  Ebenezer  Spencer,  selectmen  of  the  town  of  East  Had- 
dam  in  the  county  of  Hartford,  representing  to  this  Assembly 
that  one  Jonathan  Hinkley  of  said  East  Haddam  being  likely 
to  come  to  want  by  mismanagement  and  bad  husbandry,  was 
by  the  selectmen  of  said  town  with  the  advice  of  Joseph 
Spencer,  Esq"",  a  justice  of  peace  for  said  county,  in  the  year 
A.  D.  1757,  taken  with  his  family  into  the  care  of  said  town, 
and  that  they,  the  said  selectmen,  accordingly  proceeded  to 
set  up  a  notification  and  take  an  inventory  of  said  Hinkley's 
estate  &c.,  according  to  the  directions  of  the  statute  in  that 
case  made  and  provided,  and  that  the  said  Hinkly  then  being 
so  much  in  debt  and  also  having  several  helpless  children,  one 
in  particular  which  is  like  to  be  chargeable  all  its  life-time, 


1761.]  OF    CONNECTICUT.  539 

the  said  debts  together  with  the  charges  of  supporting  said 
family  to  October  A.  D.  1759,  surmounted  the  personal  estate 
of  said  Hinkley  the  sum  of  ^21  19s.  5d.  lawful  money;  and 
that  the  selectmen  of  said  town  by  their  memorial  at  the 
sessions  of  the  General  Assembly  said  October  A.  D.  1759, 
obtained  liberty  to  make  sale  of  so  much  of  the  real  estate  of 
said  Hinkley  as  might  enable  them  to  pay  said  sum  with 
incident  cliarges  etc.;  and  also,  that  the  said  Hinkley  and 
family  ever  since  have  been  and  still  are  in  the  care  of  said 
town,  and  that  there  hath  sundry  small  debts  appeared 
against  said  estate  since  said  memorial  was  preferred,  which 
with  the  necessary  expences  for  the  support  of  said  family 
ever  since  said  October  A.  D.  1750,  to  the  present  time, 
amounts  to  the  sum  of  £14  15s.  Sd.  lawful  money;  praying 
for  liberty  to  sell  land  &c.,  as  per  memorial  on  file  appears: 
Resolved  by  tliis  Assembly,  that  the  memorialists  be  impow- 
ered,  a!id  they  are  hereby  impowered,  to  make  sale  of  so 
much  of  the  real  estate  of  said  Hinkley  as  shall  enable  them 
to  pay  the  said  sum  of  £14:  15s.  8c?.  lawful  money,  together 
with  the  incident  charges  arising  on  such  sale,  to  be  by  them 
improved  for  the  payment  of  said  debts  &c. 

Upon  the  memorial  of  Prince  Goodin,  a  free  negro,  shew- 
ing to  this  Assembly  that  in  the  year  1757,  he  inlisted  into 
the  company  under  the  command  of  Col.  Israel  Putnam,  and 
went  to  Fort  Edward,  and  when  Fort  William  Henry  was 
taken  he  fell  into  the  hands  of  the  enemy  and  was  carried 
captive  to  Montreal  and  there  continued  until  said  Montreal 
was  taken  and  then  joyned  said  company  and  came  home ; 
praying  for  a  meet  recompence  to  be  paid  to  him  out  of  the 
treasury  of  this  Colony:  Resolved  by  this  Assembly,  that 
the  said  Prince  have  ten  pounds  paid  to  him  out  of  the  treas- 
ury of  this  Colony,  for  his  so  continuing  in  captivity  as  afore- 
said. 

On  the  memorial  of  Odiali  Loomis  and  Nathaniel  Loomis, 
both  of  Windsor,  conservators  of  the  person  and  estate  of 
Lydia  Moor  of  said  Windsor,  representing  to  this  Assembly 
that  on  settlement  of  their  accounts  against  said  Lydia  by  tlie 
county  court  for  tlie  county  of  Hartford  there  appeared  to  be 
due  from  said  Lydia  and  was  allowed  by  said  court  the  sum 
of  <£29  5s.  4:id.  money;  praying  for  liberty  to  sell  so  much 
of  the  real  estate  of  said  Lydia  as  shall  be  sufficient  to  raise 
said  sum  together  with  the  further  sum  of  £20  Os.  Od.,  as  per 
memorial  on  file :  Resolved  by  this  Assembly,  that  the  said 
conservators  have  liloerty,  and  liberty  and  authority  is  hereby 
granted  to  the  said  conservators,  to  sell  and  convey  so  much 


540  PUBLIC  RECORDS  [May, 

of  the  real  estate  of  said  Lydia  as  shall  be  sufficient  to  satisfy 
said  sum  of  X29  5s.  4^c?.  together  with  incident  charges  of 
such  sale,  together  with  the  further  sum  of  ,£20  Os.  Od.  for 
defraying  the  further  expence  of  the  support  of  said  Lydia; 
being  accountable  to  tlie  county  court  of  Hartford  county 
therefor. 

Upon  the  memorial  of  Joseph  Comstock,  of  East  Haddam 
in  the  county  of  Hartford,  administrator  on  the  estate  of 
John  Comstock  late  of  said  East  Haddam,  deceased,  repre- 
senting to  this  Assembly  that  the  debts  and  charges  due 
from  the  estate  of  said  deceased  surmount  both  the  personal 
estate  of  said  deceased  and  also  the  sum  of  money  for  which 
[387]  lands  heretofore  ||  were  ordered  to  be  sold  by  this 
Assembly  for  the  payment  of  the  debts  of  said  deceased,  the 
sum  of  X77  Is.  Sd.  lawful  money;  praying  for  liberty  to  sell 
lands  &c. :  Resolved  by  this  Assembly,  that  the  memorialist 
be  impowered,  and  he  is  hereby  impowered,  to  make  sale  of 
so  much  of  the  real  estate  of  said  deceased  as  to  pay  the  said 
sum  of  £77  Is.  Sd.  lawful  money,  with  the  incident  charges 
arising  on  such  sale;  taking  the  directions  of  the  court  of 
probate  for  the  district  of  East  Haddam  therein. 

On  the  memorial  of  Ruth  Churchill  of  Middleton,  shewing 
to  this  Assembly  that  on  the  evening  next  after  the  first  of 
March  past  her  father,  Mr.  Daniel  Churchill,  had  his  house 
consumed  by  fire,  and  that  she  had  in  said  house  consumed 
by  the  fire  four  pounds  fifteen  shillings  bills  of  credit  of  this 
Colony;  praying  that  she  may  have  that  sum  allowed  and 
paid  to  her  out  of  the  public  treasury  of  this  Colony,  as  per 
memorial  on  file:  Resolved  by  this  Assembly,  that  the  said 
Ruth  Churchill  be  allowed  and  that  there  be  paid  to  her  out  of 
the  treasury  of  this  Colony  the  aforesaid  sum  ;  and  the  Treas- 
urer is  hereby  ordered  to  pay  the  same  accordingly. 

On  the  memorial  of  Levi  Clinton  of  New  Haven,  represent- 
ing to  this  Asssembly  that  he  is  duly  appointed  conservator 
of  the  person  and  estate  of  Thomas  Clinton  of  said  New 
Haven ;  that  on  a  settlement  of  said  conservator's  account  by 
the  county  court  of  New  Haven  county  it  appears  that  the 
said  estate  is  indebted  the  sum  of  .£36  10s.  Id.  which  cannot 
be  discharged  without  selling  the  real  estate  of  said  Thomas, 
being  an  old  dwelling  house  with  an  acre  of  land  adjoyning 
and  twenty-one  acres  of  brushy  pasture  with  three  quarters  of 
an  acre  of  salt  meadow ;  praying  for  liberty  to  sell  said  real 
estate  for  payment  of  said  debts  and  further  support  of  said 
Thomas,  as  per  memorial  on  file:  Resolved  by  this  Assem- 
l)ly,  that  the  said  conservator  have  liberty,  and  liberty,  author- 


1761.]  OF    CONNECTICUT.  641 

ity  and  power  is  hereby  granted  to  the  said  conservator,  to 
sell  and  convey  the  real  estate  of  said  Thomas  aforementioned  ; 
giving  an  account  of  his  proceedings  herein  to  the  county 
court  of  New  Haven  county,  and  being  thereto  accountable 
for  any  surplus  which  may  arise  on  such  sale  more  than  suffi- 
cient to  satisfy  said  debt  so  allowed  as  aforesaid. 

Upon  the  memorial  of  Eliphalet  Comstock  of  Kent,  and 
Samuel  Comstock  and  Abel  Camp,  both  of  New  Milford, 
shewing  to  this  Asseml)ly  that  the  memorialists  have  been  at 
considerable  pains  and  cost  in  discovering  and  tendering  to 
justice  sundry  persons  in  the  county  of  Litchfield  who  were 
justly  suspected  to  be  guilty  of  making  and  uttering  false  and 
counterfeit  coin  made  in  imitation  of  Spanisli  mill'd  dollars, 
and  that  on  the  complaint  of  the  said  Eliplialet  Comstock 
sundry  persons,  viz:  Samuel  Palmer,  Perez  Partridge  and 
Stephen  Brown,  all  of  Kent,  and  Edward  Cogswell  jun""  of 
New  Milford,  were  apprehended  and  by  lawful  authority 
recognized  to  appear  before  the  superior  court  held  at  Litch- 
field in  August  1760,  and  that  the  said  Palmer,  Partridge  and 
Cogswell  not  appearing  before  said  superior  court,  their  bonds 
of  recognizance,  being  fifty  pounds  each,  became  forfeit  and 
due  to  the  treasury  of  this  Colony;  and  that  altho'  tlie  com- 
plaint was  made  against  said  persons  only  in  the  name  of  the 
said  Eliphalet,  yet  the  other  memorialists  were  equally  con- 
cerned in  discovering  and  prosecuting  the  said  persons  com- 
plained of,  and  that  they  had  been  at  considerable  trouble  and 
expence  therein,  for  which  they  have  received  no  reward ; 
therefore  praying  this  Assembly  to  grant  them  ten  pounds 
out  of  each  of  said  forfeited  bonds:  Resolved  by  this  Assem- 
bly, that  the  memorialists  shall  have  the  sum  of  five  pounds 
each  out  of  said  forfeited  bonds  when  the  monev  thereon  due 
is  received  into  the  treasury  of  this  Colony ;  and  the  Treas- 
urer is  hereby  ordered  to  pay  the  same  to  them  accordingly. 

Upon  the  memorial  of  Zebulon  Gibbs  and  others,  inhabit- 
ants in  the  south  part  of  Litchfield,  representing  that  they 
having  for  some  time  past  enjoyed  the  priviledge  of  having 
the  gospel  preached  to  them  three  months  in  the  winter  sea- 
son are  now  so  increased  that  tliey  have  no  place  where  they 
can  conveniently  meet  for  public  worship  &c.;  praying  for  the 
addition  of  a  month  further  priviledge,  and  power  to  build  a 
[388]  meeting-house  and  ||  to  tax  themselves  therefor  &c.,as 
per  memorial  &c. :  Resolved  by  this  Assembly,  that  the 
inhabitants  living  within  the  limits  and  boundaries  mentioned 
in  the  grant  of  the  Assembly  of  the  priv Hedges  aforesaid  l)e, 
and  they  are  hereljy,  allowed  to  have  the  gospel  preached 


542  PUBLIC   RECORDS  [May, 

among  them  for  four  mofitlis  in  the  winter  season,  and  shall 
have  liberty  to  build  a  meeting-house  for  public  worship  there. 
And  the  said  inhabitants  are  also  hereby  impowered  to  tax 
themselves  for  the  purposes  aforesaid  in  the  same  manner  as 
the  societies  in  this  Colony  by  law  established  usually  do,  and 
shall  have  the  proper  powers  of  such  a  society  for  the  pur- 
poses aforesaid,  and  are  hereby  exempted  from  paying  one 
third  part  of  the  taxes  which  shall  or  may  be  laid  on  them 
for  building  or  repairing  any  meeting-house  or  supporting 
ministers  in  any  other  place  or  society  to  which  any  of  the 
said  inhabitants  may  belong,  so  long  as  they  shall  procure  the 
gospel  to  be  preached  among  them.  And  Daniel  Sherman, 
Esq'",  Col.  Benjamin  Hinman  and  Mr.  Benjamin  Stiles  are 
hereby  appointed  a  committee  to  fix  a  stake  for  a  place  where- 
on to  build  a  meeting-house  for  said  inhabitants  and  to  make 
return  of  their  doings  therein  to  this  Assembly  in  October 
next. 

Upon  the  memorial  of  Joshua  Mudge,  of  Canaan  in  the 
county  of  Litchfield,  representing  that  in  the  year  1760  he 
was  a  soldier  enlisted  under  Capt.  Tarball  Whitney  in  Col. 
Wooster's  regiment;  that  during  the  campaign  at  a  place 
called  Oswagatchy  he  received  a  wound  in  his  face,  occasioned 
by  a  cannon  ball  from  tlie  fort,  and  that  thereby  he  lost  the 
sight  of  his  right  eye,  etc.;  praying  relief  under  his  unhappy 
loss  &G. :  Resolved  by  this  Assembly,  that  the  memorialist 
shall  receive  the  sum  of  fifteen  pounds  on  account  of  the  loss 
of  his  eye ;  and  a  copy  of  this  act  shall  be  a  sufficient 
Avarrant  to  the  Treasurer  to  pay  the  same  to  him  out  of  the 
public  treasury  of  this  Colony. 

Upon  the  memorial  of  Daniel  Greenell,  administrator  on 
the  estate  of  William  Greenell  late  of  Saybrook,  deceased, 
representing  to  this  Assembly  that  the  debts  and  charges  due 
from  said  estate  surmount  the  personal  estate  of  said  de- 
ceased the  sum  of  .£79  6s.  9(1  lawful  money,  and  ])raying  for 
liberty  to  sell  so  much  of  the  real  estate  of  said  deceased  as 
shall  be  sufficient  to  raise  said  sum  with  the  incident  charges 
arising  thereon:  Resolved  liy  this  Asseml)ly,  that  Joseph 
Spencer  of  Saybrook  have  liberty  to  sell  so  much  of  the  real 
estate  af  said  deceased  as  shall  be  sufficient  to  raise  said  sum 
with  the  incident  charges  arising  thereon ;  taking  the  direc- 
tion of  the  court  of  probate  in  the  district  of  Guilford 
therein. 

Upon  tlic  memorial  of  Abraham  Camp  of  Middleton,  ad- 
ministrator on  the  estate  of  Noadiah  Allen  of  Middleton,  late 
deceased,  representing  to  this  Assembly  that  the  debts  and 


1761.]  OF    CONNECTICUT.  543 

charges  due  from  the  estate  of  said  deceased  and  allowed  by 
the  court  of  probate  for  the  district  of  Middleton  surmount 
the  moveable  estate  of  the  said  deceased  the  sum  of  fourteen 
pounds  five  shillings  and  eight  pence;  praying  for  liberty  to 
sell  so  much  of  the  real  estate  of  the  said  deceased  as  shall  be 
sufficient  to  pay  and  answer  the  said  sum  of  fourteen  pounds 
five  shillings  and  eight  pence  with  the  necessary  charges 
arising  thereon,  as  per  memorial  on  file :  Resolved  by  this 
Assembly,  that  the  memorialist  have  liberty,  and  liberty  is 
hereby  granted  to  him,  to  make  sale  of  so  much  of  the  real 
estate  of  said  deceased  as  shall  be  sufficient  to  pay  and 
answer  said  sum  of  fourteen  pounds  five  shillings  and  eight 
pence  with  the  necessary  charges  arising  thereon;  taking  the 
direction  of  the  court  of  probate  for  the  district  of  Middle- 
ton  therein. 

Upon  the  memorial  of  Lydia  Perkins  and  Joshua  Perkins, 
of  Lyme  in  the  county  of  New  London,  administrators  on  the 
estate  of  John  Perkins  late  of  said  Lyme,  deceased,  represent- 
ing to  this  Assembly  that  the  debts  and  charges  due  from 
the  estate  of  said  deceased  surmount  the  personal  estate  of 
said  deceased  the  sum  of  £72  7s.  4d.  lawful  money;  praying 
for  liberty  to  sell  lands  &c.:  Resolved  by  this  Assembly,  that 
the  memorialists  be  impowered,  and  they  are  hereby  impow- 
ered,  to  make  sale  of  so  much  of  the  real  estate  of  said  de- 
ceased as  will  enalde  tliem  to  pay  the  said  sum  of  X72  7s. 
4d.  lawful  money,  with  incident  charges  arising  on  such  sale ; 
taking  the  directions  of  the  court  of  probate  for  the  district 
of  New  London  therein. 

[389]  Upon  the  memorial  of  Lemuel  Ruberts  of  Symsbury, 
conservator  of  the  person  and  estate  of  John  Roberts  of  said 
Symsbury,  an  impotent  person,  representing  that  the  memori- 
alist since  his  said  appointment  had  expended  and  laid  out  a 
considerable  sum  towards  the  support  of  said  impotent  person, 
amounting  to  the  sum  of  thirty-one  pounds  sixteen  shillings 
and  two  j)ence  one  farthing,  money,  and  had  exhibited  his  ac- 
count of  his  said  expences  to  the  county  court  held  at  Hart- 
ford in  the  county  of  Hartford  in  April  last,  which  was  by 
said  county  court  accordingly  allowed :  that  the  estate  of  the 
said  impotent  person  consists  only  of  lands  which  lye  within 
the  said  town  of  Symsbury,  and  the  memorialist  praying  that 
the  selectmen  of  said  town  of  Symsbury,  or  some  other  meet 
persons,  might  be  authorized  to  make  sale  of  so  much  of  said 
lands  (in  such  part  thereof  as  shall  be  least  detrimental  to  the 
whole)  that  shall  be  sufficient  to  discharge  and  pay  the  said  sum 
already  allowed  by  said  county  court  with  the  charges  arising 


544  PUBLIC   RECORDS  [May, 

hereon,  &c.:  Resolved  by  this  Assembly,  that  Hezekiah  Hum- 
phry, Esq"",  of  said  Symsbury,  be  appointed  and  he  is  hereby  ap- 
pointed and  authorized,  to  make  sale  of  so  much  of  said  im- 
potent person's  lands  (in  the  best  manner  and  in  such  part 
thereof  as  shall  least  prejudice  the  whole)  that  shall  be 
sufficient  to  pay  and  discharfjje  the  aforesaid  sum  of  tliirty-one 
pounds  sixteen  sliillings  and  two  pence  one  farthing  with  all 
the  incident  charges  arising  thereon,  and  that  the  same  be 
accordingly  applied. 

Upon  the  petition  of  Andrew  Burr  jun"",  late  of  New  Haven 
now  of  Fairfield,  representing  that  some  time  in  the  month  of 
January  1751,  he  was  lawfully  married  to  one  Lydia  Smith, 
then  of  Norwalk,  and  with  her  in  the  discharge  of  the  duties 
of  his  marriage  covenant  happily  liv\i  during  tlie  space  of 
about  four  years  and  until  in  prosecution  of  his  lawful  busi- 
ness he  from  said  port  of  New  Haven  sail'd  master  of  a  vessel 
bound  to  the  West  Indies,  with  design  and  expectation  in 
about  three  months  to  return  again ;  that  Ijcing  during  said 
voyage  unprosperous  and  unhap|>ily  reduced  and  so  involved 
in  debt  as  to  render  his  safe  return  impracticaljle,  he  with 
much  reluctance  betook  himself  to  such  business  abroad  as 
might  afford  the  fairest  pros])ect  of  retrieving  his  circum- 
stances, tho'  with  little  advantage  upon  the  whole  after  sundry 
years  diligent  prosecution,  maintaining  in  the  mean  time  an 
intercourse  with  his  said  wife,  and  by  frequent  letters  com- 
municating his  unaltcr'd  conjugal  affection  and  continual  pur- 
pose to  return  when  he  safely  might,  and  affording  her  also 
by  himself  or  the  kind  aid  of  his  friends  at  home  something 
not  inconsiderable  for  her  relief  and  support;  that  the  said 
Lydia,  excited  nevertheless  and  induced  by  ill  advice  and  mis- 
representations, at  the  superior  court  at  New  Haven  in  Febru- 
ary 1759,  preferred  her  petition,  therein  charging  the  present 
petitioner  with  three  years  wilful  desertion  and  total  neglect 
of  the  duties  of  his  said  marriage  covenant,  and  praying  to  be 
divorced  &c.;  that  said  Lydia  being  heard  on  her  said  petition 
and  the  evidence  by  her  produced  in  proof  of  the  mat- 
ters of  fact  therein  alledged,  said  superior  court  were  of 
opinion  they  were  sufficiently  proved,  and  did  thereupon 
accordingly  consider,  declare  and  decree  her,  said  Lydia,  to 
be  freed  and  discharged  of  her  obligations  in  virtue  of  said 
marriage  covenant;  that  the  said  Lydia  being  thus  legally 
disengaged  from  the  petitioner  has  since  intermarried  with 
one  Mr.  Nehemiah  Strong  of  said  New  Haven  ;  that  he  stands 
prepared  to  shew  his  said  departure  and  tedious  absence  not 
by  Oiny  construction  of  law  to  have  amounted  to  wilful  deser- 


I 


1761.]  OF    CONNECTICUT.  545 

tion,  nor  such  a  neglect  of  conjugal  duty  as  ought  to  be  deem- 
ed a  violation  of  his  said  marriage  covenant,  and  alledging  said 
judgment  to  have  been  render'd  on  evidence  ex  parte  and  but 
partially  shewing  said  cause,  and  that  the  same  is  in  fact 
[o90]  erroneous,  and  praying  a  reversal  thereof  &c. :  ||  The 
parties  by  their  respective  council  learned  in  the  law  being 
now  heard:  This  Assemldy  are  of  opinion  that  the  petitioner's 
said  departure  and  long  absence  amounts  not  to  such  a  viola- 
tion of  said  marriage  covenant  as  to  warrant  a  separation  by 
divorce,  and  that  in  the  said  judgment  of  said  superior  court 
manifest  error  hath  intervened,  and  have  thereupon  consid- 
ered and  resolved  the  same  l»e  reverst.  And  the  said  judg- 
ment of  said  superior  court  hereby  is  reverst  and  made  alto- 
gether null  and  void. 

Upon  the  memorial  of  John  Olmsted,  of  Colchester  in  the 
county  of  Plartford,  representing  that  the  selectmen  of  said 
Colchester  on  the  seventh  of  July  last  past  laid  out  a  high- 
way of  two  rods  wide  and  two  hundred  rods  long  from  Easi. 
Haddam  town  line  through  the  memorialist's  farm  in  said 
Colchester  whereon  he  now  lives,  and  made  and  recorded  a 
survey  thereof  in  the  public  records  of  said  town  of  Colches- 
ter ;  that  said  selectmen  afterwards  represented  their  said 
doings  to  the  county  court  held  at  said  Hartford  on  the  second 
Tuesday  of  April  last,  praying  that  a  jury  might  be  summoned 
to  assess  the  damages  done  to  the  memorialist  by  laying 
out  of  said  highway  tln-ough  said  farm  as  aforesaid  ;  that  said 
county  court  thereupon  did  order  a  jury  to  be  summoned  &c.; 
that  said  jury  had  no  right  or  authority  to  intermeddle  there- 
in, and  that  said  highway  was  not  wanted  for  pul)lic  use  &c., 
as  per  memorial  on  file :  It  is  thereupon  resolved  by  this  As- 
sembly, that  the  doings  of  said  selectmen  in  laying  out  said 
highway,  and  the  ordering  of  a  jury  by  said  county  court  to 
assess  the  damages  &c.  be  set  aside,  and  the  same  is  hereby 
set  aside  and  decreed  to  V)e  null  and  void. 

Upon  the  petition  of  Henry  Minor  and  others,  listers  for 
the  town  of  Stonington  for  the  year  1759,  representing  to  this 
Assembly  that  in  said  year  in  the  month  of  November  and 
December,  they  had  carefully  ins})ected  the  various  lists  of  the 
inhal)itants  of  said  town  given  in  to  them  in  said  year,  and  on 
such  ins)»ection  and  viewing  the  estate  of  said  inhabitants  did 
find  large  (juantities  of  lands  and  some  personal  estate  left 
out  of  said  lists,  and  thereupon  (pursuant  to  the  laws  of  this 
govermnent)  did  fourfold  sundry  of  said  inhabitants  for  said 
estate  so  left  out  of  theii-  said  list,  and  that  a  number  of  said 
persons  fourfolded  as  aforesaid  (viz :)  Nehemiah  Williams, 
69 


646  PUBLIC  RECORDS  [May. 

Joshua  Holmes,  Joseph  Page  and  Joseph  Page  jun'",  Benja- 
min Clark,  Joseph  Noyce,  Daniel  Stanton,  Simeon  Minor  jun'', 
Phinoas  Stanton  and  William  Slake,  did  at  several  times  in 
the  year  1760,  make  application  to  the  civil  authority  and 
selectmen  of  said  town  of  Stonington,  to  have  their  said  four- 
fold assessments  abated,  and  that  said  authority  and  select- 
men did  abate  them  as  set  forth  in  said  petition.  Further 
representing  that  said  authority  and  selectmen  in  al)atlug 
said  assessments  did  misjudge  and  act  against  law  ;  praying 
for  relief  &c.:  Resolved  by  this  Assemidy,  that  the  said  au- 
thority and  selectmen  in  abating  said  fourfold  assessments 
of  the  above-mentioned  persons  did  misjudge  and  mistook  the 
law,  and  said  judgments  are  hereby  rcverst  and  declared 
null  and  void,  and  that  each  and  every  of  said  persons  above- 
mentioned  ])ay  their  several  rates  and  taxes  arising  on  said 
fourfold  assessments  or  any  of  them  according  to  law,  and 
that  the  same  be  collected  accordingly,  said  abatements  not- 
withstanding. Cost  allowed  the  said  Henry  Minor  c^c.  vs. 
the  said  Nehemiah  Williams  ^e.  is  <£9  7  6  lawful  money. 
Ex.  granted  August  12th  1761. 

Upon  the  report  of  Shubael  Conant,  William  Wolcott  and 
William  Pitkin  jun',  Es(i'%  a  committee  ap})ointed  by  this 
Assembly  iu  May  last  to  hear  the  parties  and  consider  the 
matters  referred  1o  in  the  petition  of  Josiah  Talcott  of  Weath- 
ersfield  and  Elijah  Francis  of  Farmiugton,  executor  of  the 
last  will  and  testament  of  James  Francis,  deceased,  against 
Asa  Douglas  of  Canaan  and  Timothy  Hollister  of  Glassen- 
bury,  respecting  certain  lands  l)y  the  said  parties  purchased 
of  Wentworth,  Colden  and  llarrison,  lying  within  the 
Province  of  New  York,  and  with  respect  to  the  payments  and 
disluirsements  mode  towards  the  procuring  of  a  title  to  said 
lands  &c.,  re|)orting  that  they  iiad  heard  the  said  parties  on 
all  the  matters  referred  to  in  said  petition,  with  all  evidence  by 
them  produced  relative  thereto,  and  that  they  found  that  said 
Asa  Douglas  and  Timothy  Hollister  were  in  arrears  to  the 
petitioners  lor  monies  advanced  towards  said  jnu'chascs,  and 
[391]  that  they  ought  to  pay  unto  the  said  Josiah  Talcott 
£208  lis.  8i(^.  New  York  money,  and  to  the  said  Elijah 
Francis  the  sum  of  X53  16s.  4|c^.  like  money,  the  whole 
amounting  to  <£262  8s.  0|,  and  that  the  said  Asa  Douglas 
ought  to  pay  the  sum  of  .£8  15s.  5](/.  as  his  part  thereof,  and 
tliat  the  said  Timothy  Hollister  ought  to  pay  the  residue  of 
said  sum,  being  £253  12s.  7-}r7.,  as  per  report  on  file  &c.: 
Resolved  l)y  this  Assemldy,  that  the  aforesaid  report  of  said 
committee  be  and  the  same  is  hereby  accepted  and  approved, 


1761.]  OP    CONNECTICUT.  547 

and  tliei-cupou  it  is  decreed  by  this  Asseiubiy,  that  tlic  said 
Josiah  Talcott  and  Elijah  Francis,  executor  as  aforesaid, 
shall  have  and  recover  against  the  said  Asa  Douglas  X8  15s. 
51t^.  New  York  money,  and  against  the  said  Timothy  lioUis- 
tcr  £'25o  12.S'.  Ihl.  like  money,  X208  lis.  ^Ul.  thereof  to  be 
[)aid  to  said  Talcott,  and  £53  16s.  4:hd.  thereof  to  be  paid  to 
the  said  Elijah  Francis,  executor  as  aforesaid,  and  also  to  re- 
cover their  cost,  allowed  to  be  X6  4  4  lawful  money,  and  that 
execution  be  awarded  accordingly.      Ex.  gr.  June  l^th  1761. 

Upon  the  petition  of  Thomas  Pool,  representing  to  this  As- 
sembly that  Japheth  Utley  In'ought  his  action  against  him, 
said  Thomas  Pool,  to  the  adjourned  county  court  lield  at 
Windham  within  and  for  said  county  on  the  od  Tuesday  of 
February  1760,  on  a  certain  bond  with  conditions  thereto  an- 
nexed, as  set  forth  in  said  petition,  which  action  came  to  a 
linal  trial  at  the  superior  court  held  at  said  Windham  3d 
Tuesday  of  March  last,  and  that  the  only  question  in  said  cause 
at  said  final  trial  was,  whether  said  superior  court  (as  a  court 
of  chancery)  had  right  by  law  to  chancer  said  bond,  and  that 
saitl  superior  court  gave  their  judgment  that  by  law  said  bond 
could  not  be  chancer'd,  and  that  said  Utley  should  recover 
the  sum  of  said  bond,  which  was  X200  Os.  0(7.  lawful  money, 
and  that  execution  had  issued  on  said  judgment  accordingly  ; 
]n-aying  tliat  this  Assembly,  as  a  court  of  chancery  and  e(|uity, 
would  take  said  cause  under  their  consideration  and  chancer 
said  bond  down  to  what  is  just  and  e(iuital)le ;  taking  into 
consideration  the  condition  of  said  bond  and  everything  rela- 
tive thereto ;  as  per  said  petition  on  tile ;  and  that  said  judg- 
ment of  said  superior  court  be  reverst  and  set  aside:  Re- 
solved by  this  Asseml)ly,  that  the  bond  recited  in  said  petition, 
on  which  the  judgment  of  the  superior  court  i-ef erred  to  was 
rendered,  be  chancer''d  down  to  the  sum  of  sixty -two  pounds 
lawful  money,  and  that  the  petitionee  have  and  recover 
of  the  petitioner  the  said  sum  of  sixty-two  pounds  for 
danuiges  in  said  cause,  together  with  the  cost  taxed  and 
allowed  therein  by  said  superior  court,  (which  was  Xll  8s. 
Id.  lawful  money,)  and  uj)on  the  petitioners  paying  to  the 
jjetitionee  the  said  sums,  amounting  to  the  sum  of  X73  8s. 
Id..,  said  judgment  of  said  superior  court  and  the  execution 
thereon  issued  shall  be  esteemed  and  accounted  paid,  satisfied 
and  discharged. 

Whereas  upon  the  memorial  of  John  Wood,  Silas  Dean, 
Nathaniel  Brown  jun""  and  Jacob  Park,  proprietors  of  the 
common  and  undivided  lands  in  the  town  of  Groton,  and  the 
rest  of  the  proprietors  of  said   common  lands,  representing 


548  PUBLIC   RECORDS  [M^ay, 

tliat  there  had  been  long  controversies  siil»sistnig  lietween  the 
said  i^roprictors  and  the  Pequot  Indians  resi»ecting  the  Mash- 
antuxet  lands  in  said  Groton,  where  the  said  Indians  live, 
and  their  respective  rights  and  improvements  thereof,  and 
said  controversies  were  like  to  continue  &c.,  praying  that  a 
committee  should  be  appointed  to  the  purpose  of  quieting  and 
settling  said  controversy  &c.  as  per  memorial  on  file,  it  was 
resolved  by  this  Assembly,  that  John  Cliester,  Jabez  Hamlin, 
and  Seth  Wetmore,  Esq''*',  should  be  a  committee  at  the  cost 
of  the  memorialists,  to  repair  to  said  Groton,  to  view  and  en- 
quire into  the  circumstances  of  the  said  Mashantuxet  lands, 
and  to  examine  and  consider  all  former  acts  of  this  Assembly 
res[)ecting  the  said  lands  and  the  claims  and  improvements  of 
the  said  memorialists  and  of  the  said  Indians  that  they  might 
find  or  that  should  be  laid  before  tliem,  and  all  other  matters 
relative  to  the  right  or  im})rovement  of  said  lands  referred  to 
in  said  memorial,  and  to  make  report  of  what  they  should 
[392]  find,  with  their  opinion  thereon :  ||  And  whereas  said 
committee  after  repairing  to  said  (iroton,  viewing  and  con- 
sidering the  circumstances  of  said  land,  and  largely  hearing 
the  parties  on  the  premises,  have  made  report  to  this  As- 
sembly of  their  proceedings  therein  and  the  exhibits  laid  be- 
fore them  by  the  parties  with  their  o])inion  thereon,  that  the 
diflercnccs  sul)sisting  between  the  said  proprietors  and  said 
Indians  very  much  arise  from  the  unhappy  tenure  of  their 
lands,  and  that  if  the  Indians  might  hold  the  land  not  yet 
divided  free  from  all  incumltrances,  which  by  the  representa- 
tion made  on  Mr.  Hempstead's  plan  contains  nine  hundred 
eighty-nine  acres  and  sixty-eight  I'ods,  it  would  Ijc  a  bcttei-  es- 
tate to  them  than  the  whole  under  the  present  tenure,  and 
that  with  ))roi)er  improvement  it  would  be  sufficient  for  the 
use  and  improvement  of  that  tribe,  and  that  the  residue  of 
said  lands  should  be  and  remain  to  said  propi'ietors;  as  per 
said  rei»ort  on  file  appears:  Resolved  by  this  Assembly,  that 
the  said  report  of  the  said  committee  be  and  the  same  is  liere- 
by  accepted  and  approved,  and  that  the  said  land  yet  undi- 
vided, containing  in  quantity  al)out  nine  hundred  eighty-nine 
acres  and  68  rods  according  to  the  rtipresentation  thereof 
made  on  said  Hemj)stead's  plan,  be  ancl  the  same  is  hereby 
confirmed  to,  settled  iq)on  and  appropriated  to  the  sole  use 
and  imj)rovement  of  said  Indians,  their  heirs  and  successors, 
and  tliat  tlie  residue  of  said  land  l)eing  the  divided  ])art  there- 
of, containing  in  quantity  about  six  hundred  lifty-six  acres 
and  one  hundred  rods,  be  and  the  same  is  hereby  fully  con- 
firmed to  and  settled  upon  said  })roprietors,  their  heirs  and 
assigns  forever,  to  be  by  them  held  according  to  the  disposi- 


1761.]  OP     CONNECTICUT.  549 

tioiis  which  liavc  been  or  shall  be  thereof  made  by  said  pro- 
])rietors;  any  judgment  or  recovery  of  any  part  thereof  had 
or  obtained  by  tlie  said  Indians  notwithstanding-.  And  all 
such  judgments  and  recoveries,  and  all  the  j)roceedings  there- 
on, are  hereby  reversed  and  made  null  and  void. 

Upon  the  petition  of  Daniel  Smith,  of  Grandville  in  the 
county  of  Hampshire  and  Province  of  the  Massachusets  Bay, 
late  of  Haddam  in  Hartford  county,  brought  to  this  Asseml)ly 
at  tlieir  session  in  October  last  at  New  Haven,  shewing  that 
Elislia  Wadsworth  of  Hartford  ol)tained  judgment  against 
him  at  the  superior  court  held  at  Hartford  the  first  Tuesday 
of  September  last,  for  the  sum  of  forty  pounds  lawful  money 
for  damages,  and  for  the  sum  of  eleven  ptnmds  13s.  Gd.  like 
money  for  cost,  which  judgment  was  ol)(ained  in  an  action 
brought  on  a  certain  writing  obligatory  under  the  hand  and 
seal  of  the  petitioner,  dated  the  4th  of  Octol)er  1757,  con- 
ditioned for  the  sum  of  forty  i)ounds  in  case  a  i)a|)cr  purjiort- 
ing  to  be  the  last  will  and  testament  of  Mr.  William  Smith 
late  of  Haddam,  deceased,  father  to  the  })etitioner,  sliould  not 
be  proved  &c.;  complaining  that  tlie  said  writing  obligatory 
was  obtained  by  fraud  and  deceit  without  any  consideration  ; 
praying  that  said  judgment  might  be  set  aside  and  made  null 
and  void  and  of  none  effect,  and  all  the  doings  thereon,  and 
that  the  j)etitioner  might  be  restored  to  all  the  cost  and  dam- 
age he  had  been  put  to  in  defending  against  said  suit,  vv  ith 
additional  cost,  or  that  a  committee  be  appointed  to  en(piii-e 
into  all  mattci'S  complained  of  in  said  ])otition,  as  i)er  petition 
on  (ile  ;  on  which  Elihu  Chauncey,  Hezekiah  Brainard,  Esq'"'*, 
and  Capt.  JMatthew  Talcott  were  appointed  a  committee,  to 
enquire  and  examine  into  the  matters  complained  of  in  said 
jictition,  who  have  at  this  Assembly  reported,  that  they  find 
that  the  petitioner  was  imposed  upon,  and  that  the  petitionee 
did  by  his  own  meer  fraud  and  deceit  and  without  any  con- 
sideration procure  the  i»etitioner  to  sign  and  execute  said 
writing  ol»ligatory,and  that  they  were  of  opinion  that  the  said 
judgment  complained  of  ought  to  be  set  aside  and  made  mill 
and  void  and  all  the  proceedings  thereon,  and  the  ])etitioner 
restored  to  all  the  cost  and  damage  he  had  been  put  to  in  de- 
fending against  said  suit,  and  his  future  cost,  as  {)er  report  on 
file,  which  report  is  ai>i)roved  of  and  accepted:  And  there- 
upon resolved  and  decreed  by  this  Assembly,  that  the  judg- 
ment of  the  said  superior  court  held  at  Hartford  in  Se})tem- 
[303]  l)ci'  II  last,  complained  of  in  said  petition,  be  set  aside, 
revci'scd  and  made  of  none  effect,  and  the  execution  thereon 
awarded  be  stayed   and  made  utterly  void,  and  the  petitioner 


550  PUBLIC    EECORDS  [May, 

be  restored  to  all  his  damage  and  cost  in  defending  against 
said  suit,  allowed  to  be  the  sum  of  £20  Sa.  dd.  and  his  future 
cost,  and  that  execution  be  awarded  accordingly.  Cost 
alloived  petitioner  is  £lij  lOi-.  8(i.  lawful  luoney.  Ex.  granted 
Octoh.  28^A17G1. 

Upon  the  re[)ort  of  Messrs.  Erastus  Wolcott,  William  Pit- 
kin jun""  and  Boaz  Sterns,  a  committee  appointed  by  this  As- 
sembly at  their  sessions  at  New  Haven  in  October  17 (»0,  to 
re[>air  to  the  parish  of  Newent  in  the  town  of  Norwich,  to 
view  the  circumstances  of  John  Perkins,  Matthew  Perkins, 
Samuel  Bishop  junf  and  others,  memorialists,  inhalntants 
living  some  within  said  parish  of  Newent,  some  within  the 
iirst  society  in  Canterbury,  and  others  in  the  society  of 
Scotland  in  the  township  of  Windham,  and  the  circumstances 
of  the  parishes  to  whicli  they  severally  belong,  praying  to  be 
made  a  distinct  society  and  to  have  the  following  limits  and 
bounds,  (to  wit:)  Beginning  at  Shoatucket  River  at  \\\id  lower 
end  of  the  great  island  near  the  place  called  Wequannuck, 
and  thence  to  run  northeasterly  three  hundred  and  ninety- 
five  rods  to  the  mouth  of  the  great  brook  which  runs  into  the 
little  river,  thence  u[t  said  brook  by  the  stream  till  it  comes  to 
Canterbury  line,  from  thence  north-northwest  two  miles  and 
one-half,  thence  west  one  hundred  and  fifty  rods  to  Wind- 
ham town  line,  thence  by  said  town  line  south  sixteen  degrees 
west  two  hundred  and  fifty  rods,  thence  westerly  sixty-five 
rods,  thence  south  one  hundred  rods,  thence  a  little  noi'th  of 
west  one  Imndred  and  sixty  rods,  thence  southwesterly  forty- 
five  rods,  thence  west  twenty  degrees  north  one  hundred  and 
ninety  rods,  thence  west  sixty  rods,  thence  southwesterly  one 
hundred  rods  to  Windham  town  line  where  the  road  to  Scot- 
land passcth  the  line,  thence  by  the  line  Ijctween  Windham 
and  Norwich  to  Shoatucket  River,  including  in  Windham  the 
farm  belonging  to  Joseph  Wood  jnn'",  where  he  now  dwells, 
which  is  adjoyning  to  said  line,  and  by  Shoatucket  River  to 
the  first  mentioned  boundary,  etc.;  reporting  that  on  the  28th, 
29th  and  80th  days  of  April  last  they  had  viewed  the  said 
[)arish  of  Newent,  the  first  society  in  Canterbury  and  said 
parish  of  Scotland,  and  circumstances  of  the  memorialists, 
and  largely  heard  all  ])arties,  and  that  it  is  their  opinion  tliere 
should  be  an  ecclesiastical  society  as  prayed  for  tfee.:  it  is 
therefore  resolved  by  this  Assembly,  that  the  memorialists  and 
all  such  as  shall  live  within  the  aforesaid  lines,  limits  and 
boundaries  alH)ve  described,  (exclusive  of  Sanuiel  Lovet, 
Joseph  IJushnell,  John  King,  Jacob  Fuller,  David  Longbottom, 
Jonah  liirchard,  Jonnthan  French,  Nathaniel  (Mark  and  -loliu 


1701.]  OF    CONNECTICUT.  551 

Smitli  junr,  and  their  estates,  and  of  the  lands  of  the  Ap- 
thorps  and  Allen  in  said  Canterbnry,)  shall  be  and  they  are 
lierel)y  constitntcd  and  declared  to  1)C  a  distinct  ecclesiastical 
society  l)y  the  name  of  Hanover,  with  the  same  powers  and 
])rivilcdges  as  other  ecclesiastical  societies  in  this  Colony 
liave  and  do  enjoy;  and  that  the  place  for  building  of  a  meet- 
ing-house in  said  society  shall  be  at  a  certain  stake  erected 
and  standing  on  the  land  of  the  said  Mathow  Perkins,  on  the 
northwest  side  of  and  i)y  the  road  or  higliway  leading  from 
Abner  French's  to  Eitenezer  Rudes,  where  they  now  dwell. 
Said  stake  to  be  included  within  the  cells  of  said  mceting- 
lionse.  And  further,  that  all  the  inhal)itants  living  within  the 
linos  and  limits  of  said  society  sliall  for  the  future  be  one  dis- 
tinct military  company  with  powers  and  under  the  same 
regulations  as  other  military  companies  are,  and  shall  belong 
to  the  third  regiment  in  said  Colony ;  and  all  the  inhabitants 
who  live  within  the  limits  of  said  parish  of  NcAvent  shall  for 
the  future  be  and  remain  one  distinct  military  company. 

And  whereas  the  memorialists  have  in  their  said  memorial 
represented  that  a  projier  instrument  had  been  l)y  them  exe- 
cuted, obliging  the  subscribers  thereunto  to  pay  the  several 
sums  to  their  names  therein  respectively  annexed,  in  order  to 
the  raising  and  establishing  a  fund  of  more  than  fourteen 
liundrcd  pounds  lawful  money,  to  be  loaned  out  and  the 
annual  interest  thereof  to  be  applied  for  the  support  of.  an 
ortliodox  minister  in  said  society,  and  the  same  instrn- 
[394]  ment  ||  shewn  to  this  Assemljly  and  urged  as  a  reason, 
among  other  things,  why  the  memorialists  should  be  made  a 
distinct  society  as  aforesaid:  It  is  therefore  further  resolved 
and  decreed  by  this  Assembly,  that  the  aforesaid  subscril)ers, 
their  heirs  &c.,  according  to  their  covenant  in  said  instrument, 
do  as  soon  as  may  be  either  ])ay  or  with  good  sureties  secure 
to  be  paid  into  the  hands  of  such  committee  as  said  society 
shall  a})poinI  to  receive  the  same,  all  such  sum  or  sums  as 
the  said  sul»scri))ers  respectively  have  in  said  instrument  an- 
nexe<l  to  their  names  as  aforesaid.  And  all  such  monies  and 
securities  shall  be  taken  and  held  by  the  said  committee  or 
their  successors  for  the  use  of  said  society,  and  the  annual 
interest  arising  thereon  shall  be  improved  for  the  mainte- 
nance and  support  of  an  orthodox  ministry  in  said  society  for 
ever,  so  far  as  shall  be  necessary  therefor ;  and  if  any  over- 
plus shall  at  any  time  remain,  such  overplus  shall  be  im})roved 
for  the  supporting  of  schools  in  said  society. 

This  Assembly  do  establish  Mr.  Obadiah  Core  to  be  En- 
sign of  the  8th  com})any  or  trainband  in  the  town  of  Nor- 
wich in  the  3d  regiment  in  this  Colony. 


652  PUBLIC   RECORDS  [May, 

Tliis  Assembly  do  establish  Mr.  Abralmm  Blackslee  to  be 
Ensign  of  the  9tli  company  or  trainband  in  the  2d  regiment 
in  this  Colony. 

Tliis  Assembly  do  establish  Mr.  Joel  Catling  to  be  Captain 
of  the  east  company  or  trainl»and  in  the  town  of  Harwin- 
ton  in  the  first  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Jacob  Benton  to  be  Lien- 
tenant  of  the  east  com])any  or  trainband  in  the  town  of  Har- 
winton  in  the  first  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Samnel  Stone  Butler  to  l)e 
Ensign  of  the  east  company  or  trainband  in  the  town  of  Har- 
winton  in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  John  Wilson  to  be  Captain 
of  the  west  company  or  trainband  in  the  town  of  Harwington 
in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Daniel  Catling  to  be  Lieu- 
tenant of  the  west  company  or  trainliand  in  the  town  of  Ilar- 
winton  in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  David  Heyden  to  be  En- 
sign of  the  west  company  or  trainl)and  in  the  town  of  Ilarwin- 
ton  in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Stephen  St.  John  2d  to  be 
Captain  of  the  1st  company  or  trainl)and  in  the  1st  society  in 
Ihe  town  of  Norwalk. 

Tliis  Assembly  do  establish  Mr.  Thomas  Belding  to  be 
Lientenant  of  the  1st  com])any  or  trainband  in  the  1st  society 
in  the  town  of  Norwalk. 

This  Assembly  do  establish  Mr.  Abraham  Camp  Ensign 
of  the  company  or  trainband  in  the  1st  society  in  the  town  of 
Norwalk. 

This  Assembly  do  establish  Mr.  Simeon  Raymond  to  be 
Captain  of  the  2d  company  or  trainband  in  the  1st  society  in 
the  town  of  Norwalk. 

This  Assemldy  do  establish  Mr.  Nathaniel  Benedict  to  be 
Lientenant  of  the  2d  company  or  trainband  in  the  1st  society 
in  the  town  of  Norwalk. 

This  Assembly  do  establish  Mr.  Benjamin  Isaacs  to  be  En- 
sign of  the  2d  com}iany  or  trainband  in  the  1st  society  in  the 
town  of  Norwalk. 

This  Assembly  do  establish  Mr.  Phineas  Hanford  to  be 
Captain  of  the  3d  company  or  trainband  in  the  1st  society  in 
the  town  of  Norwalk. 

This  Asseinltly  do  establish  Mr.  Znriol  Raymond  to  be  Lieu- 
tenant of  the  3d  company  or  trainband  in  the  1st  society 
in  the  town  of  Norwalk. 

This  Assembly  do  establish  Mr.  Nathan  Burrel  junf  to  be 


1761.]  OP    CONNECTICUT.  553 

Ensign  of  the  3d  company  or  trainband  in  the  1st  society  in 
the  town  of  Norwalk. 

This  Assembly  do  establish  Mr,  Ezekiel  Williams  to  be  Cap- 
tain of  the  1st  company  or  trainband  in  the  6tli  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Elisha  Treat  to  be  Lieuten- 
ant of  the  1st  company  or  trainband  in  the  6th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Elisha  Wright  to  be  En- 
sign of  the  1st  company  or  trainband  in  the  Gth  regiment  in 
tills  Colony. 

This  Assembly  do  establish  Mr.  Nathaniel  Hoit  inn"",  to  be 
Captain  of  the  1st  company  or  trainband  in  the  town  of 
Stanford. 

This  Assembly  do  establish  Mr.  Samuel  Hutton  to  be  Lieu- 
tenant of  the  1st  company  or  trainband  in  the  town  of  Stan- 
foi-d. 

This  Assembly  do  establish  Mr.  Ebenezer  Holly  to  be  En- 
sign of  the  1st  company  or  trainband  in  the  town  of  Stan- 
ford. 

Tins  Assembly  do  establish  Mr.  Elisha  Alverd  to  be  En- 
sign of  the  company  or  trainband  in  tlie  parish  of  Greenfield 
in  the  lib  regiment  in  this  Colony. 

[305]  This  Assembly  do  establish  Mr.  Ebenezer  Gear  to 
be  Captain  of  the  5th  company  or  trainband  in  the  town  of 
Preston  in  tlie  8th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Daniel  Morgan  to  be  Lieu- 
tenant of  tlie  5tli  company  or  trainband  in  the  town  of  Pres- 
ton in  the  8th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Peter  Rose  to  be  Ensign 
of  the  5th  company  or  trainl)and  in  the  town  of  Preston  in 
the  8th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Samuel  Richards  to  be  Cap- 
tain of  the  company  or  trainVtand  in  the  parish  of  Middlesex. 

This  Asseniitly  do  estal>lish  Mr.  Samuel  Youngs  to  l)e 
Lieutenant  of  the  company  or  trainl)and  in  the  parish  of 
Middlesex. 

This  Assembly  do  establish  Mr.  Silas  Park  to  be  Captain 
of  the  1st  company  or  trainband  in  the  town  of  Preston  in 
tlie  8th  regiment  in  this  Colony. 
b/    This  Assembly  do  establish  Mr.  Joseph  Keency  to  be  Lieu- 
f  tenant  of  the  1st  company  or  trainl)and  in  the  town  of  Pres- 
ton in  the  8th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Joseph  Morgan  to  be  Ca]) 

70 


554  PUBLIC  EECOEDS  [May, 

tain  of  the  4th  company  or  trainband  in  the  town  of  Preston 
in  the  8th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Roger  Sterry  to  be  Lieu- 
tenant of  the  4th  company  or  trainband  in  the  town  of  Pres- 
ton in  the  8th  regiment  in  this  Colony. 

This  Asseml)ly  do  establish  Mr.  Samuel  Freeman  to  be  En- 
sign of  the  4th  company  or  traiul)and  in  the  town  of  Preston 
in  the  8th  regiment  in  this  Colony. 

Upon  the  memorial  of  Thomas  Parsons,  Joseph  Kingsbury 
and  Daniel  Perkins,  listers  of  the  town  of  Enfield,  represent- 
ing that  in  the  year  1759,  they  had  fourfold  assessed  many 
of  the  inhabitants  of  said  Enfield,  who  upon  application  made 
to  Samuel  Kent  iun^  Esq"",  justice  of  the  peace,  and  two  of 
the  selectmen  of  said  Enfield  had  procured  an  abatement  of 
said  fourfold  assessments  without  any  reasonable  cause  for 
such  abatement;  praying  for  redress  of  such  grievance  &c.: 
Resolved  by  this  Assemljly,  that  William  Wolcott,  Esq"",  and 
Capt.  Ebenezer  Grant  be  and  they  are  hereby  appointed  a 
committee  to  repair  to  said  town  of  Enfield  and  to  enquire  in- 
to the  matters  set  forth  in  said  memorial,  and  to  make  their 
report  of  what  they  find  upon  such  their  enqiury  to  this  As- 
sembly at  their  sessions  in  October  next. 

Upon  the  memorial  of  Abel  Phel[)S  and  Mary  liis  wife, 
Moses  Granger  and  Deborah  his  wife,  Thomas  Hawley  and 
Hannali  his  wife,  and  Ann  Eno,  all  of  Syms])nry,  and  Sarah 
Eno  of  Windsor,  rej)resenting  that  their  father,  James  Eno  of 
said  Symsbury,  late  deceased,  by  his  deed  dated  oOth  of  April 
1741,  for  the  consideration  of  one  hundred  pounds  old  tenor 
mortgaged  to  the  Governor  and  Company  of  this  Cohjny  fifty 
acres  of  land  in  said  Symsbury  at  a  place  called  Turkey 
Hills,  bounded  as  in  said  deed ;  praying  that  the  right  of  the 
said  Governor  and  Company  may  l)e  granted  to  the  memori- 
alists, and  that  a  committee  be  ap]K)intod  to  execute  a  deed 
in  the  name  of  the  said  Governor  and  Company  of  the  said  })re- 
mises,  upon  their  paying  into  tlie  treasury  of  said  Colony  the 
sum  of  twenty-six  pounds  lawful  money,  being  the  value  of 
said  mortgage  money  and  interest,  <fec.:  Resolved  by  this  As- 
sembly, that  George  Wyllys  and  John  Ledyard,  Esii""*,  be 
appointed  and  they  nrc  liercby  appointed  and  fully  impowered, 
in  the  name  of  the  Governor  and  Comitany  of  said  Colony  to 
make  and  execute  unto  the  memorialists  a  deed  of  all  their 
right  in  said  mortgaged  premises,  upon  their  first  paying  into 
the  public  tiensury  of  said  Colony  tlie  said  sum  of  twenty-six 
pounds  lawful  money  and  producing  tJie  Treasurer's  receipt 
therefor  to  said  committee,  who  are  to  lodge  said  receipt  when 
received  with  the  Secretary  of  said  Colony. 


1761.]  OF     CONNECTICUT.  555 

Upon  the  memorial  of  Abiier  Quitteriield  of  Sharon,  execu- 
tor of  the  last  will  and  testament  of  Solomon  Dunham  late  of 
[396]  Sharon,  deceased,  ||  shewing  to  this  Assembly  that  the 
debts  due  from  the  estate  of  said  deceased  surmount  tlie 
moveable  part  of  said  estate  the  sum  of  thirty-four  pounds 
sixteen  shillings  and  ten  pence  lawful  money,  and  that  there 
is  no  direction  in  the  will  of  the  said  deceased  to  sell  lands 
for  the  j^ayment  of  debts  &g.  ;  praying  for  liberty  to  sell  so 
much  of  the  lands  of  the  said  Solomon  Dunham,  deceased,  as 
to  procure  ^aid  sum  of  £34  16s-,  IQd.  &c.:  Resolved  by  this 
Assembly,  that  the  memorialist  have  liberty  and  he  is  hereby 
impowered,  to  make  sale  of  so  much  of  the  real  estate  of  the 
said  deceased  as  to  procure  the  sum  of  £34  16s.  lOt^.  lawful 
money  with ,  ijicident  charges  arising  thereon  ;  taking  the  ad- 
vice of  the  court  of  probates  in  the  district  of  Sharon 
therein. 

Upon  the  memorial  of  Nathan  Stuart  of  Norwalk,  adminis- 
trator on  the  estate  of  Nathan  Osborn  late  of  New  Fairfield, 
deceased,  shewing  to  this  Assembly  that  the  debts  due  from 
the  estate  of  the  said  deceased  surmount  the  moveable  estate 
the  sum  of  £20  2s.  8id.,  praying  for  liberty  to  make  sale  of 
so  much  of  the  real  estate  as  to  pay  said  sum  &c.:  Resolved 
by  this  Assembly,  that  liberty  be  granted  lo  the  memorialist' 
and  he  is  hereby  impowered,  to  make  sale  of  so  much  of  the 
real  estate  of  the  said  deceased  as  to  pay  said  sum  of  £20  2s. 
8;1(^.  and  the  incident  charges  arising  thereon;  taking  the 
advice  of  the  court  of  probates  in  the  district  of  Danbury 
therein. 

Upon  the  memorial  of  Elizabeth  Cooper,  of  Killingsly  in 
the  county  of  Windham,  administratrix  on  the  estate  of 
Abraham  Cooper  late  of  said  Killingsly,  deceased,  shewing  to 
this  Assembly  that  the  debts  due  from  said  estate  with  allow- 
ances made  Ijy  the  court  of  probates  to  the  widow  surmount 
the  personal  or  moveable  estate  of  said  deceased  the  sum  of 
thirty-one  pounds  ten  shillings  and  ten  pence  three  farthings 
lawful  money,  and  j^aying  to  this  Assembly  for  liberty  to  sell 
so  much  of  the  real  estate  of  said  deceased  as  to  raise  said 
sum  with  the  incident  charges  arising  thereon,  as  per  me- 
morial on  file  &c.:  Resolved  by  this  Assembly,  that  the  said 
Elizabeth  Cooper  shall  have  liberty,  and  liberty  and  power  is 
hereby  granted  to  her,  the  said  Elizabeth  Cooper,  to  sell  so 
much  of  the  real  estate  of  the  said  Abraham  Cooper,  deceased, 
as  to  raise  said  sum  of  thirty-one  pounds  ten  shillings  and 
ten  pence  three  farthings  lawful  money,  with  the  incident 
charges  arising  on  [said]  sale;  taking  the  direction  of  the 
court  of  probate  for  the  district  of  Pomfret  therein. 


556  PUBLIC   RECORDS  [May, 

upon  tlicmeniorial  of  Epliraiiii  Kingsbury,  Jacob  Hide  and 
others,  inhabitants  of  the  society  in  the  town  of  Norwich 
called  the  West  Farms  or  West  Society  in  Norwich,  repre- 
senting- that  said  Norwich  west  society  at  their  lawful  meet- 
ing lield  on  the  23d  day  of  March  last  voted  that  the  said  so- 
ciety should  be  divided  into  two  distinct  ecclesiastical  so- 
cieties, and  that  the  dividing  line  should  be  as  follows,  v/z: 
BegiiHiing  in  the  dividing  line  between  the  first  society  in 
said  Norwich  and  said  west  society  at  such  place  that  to  run 
thence  to  the  grist-mill  of  Mr.  Timothy  Ayer  in  a  straight 
course  will  pass  near  the  south  side  of  the  dwelling-liouse  of 
David  Ladd,  then  from  said  grist-mill  to  the  dwelling-house 
of  John  Squire  in  said  society,  then  the  same  course  to  Nor- 
wich town  line,  and  that  the  inhabitants  that  live  on  the 
easterly  and  northeasterly  side  of  said  line,  including  the  said 
house  of  John  Squire,  should  be  one  distinct  ecclesiastical  so- 
ciety ;  praying  for  such  division  <fec.,  as  per  memorial  on  file: 
Resolved  by  this  Assembly,  that  all  the  aforesaid  inha])itants 
living  on  (he  easterly  and  northeasterly  side  of  said  line,  in- 
[31)7]  eluding  the  ||  house  of  said  John  Sijuire,  shall  be  and 
they  are  hereby  made,  constituted  and  estaldished  to  be  one 
distinct  ecclesiastical  society  by  the  name  of  the  Eighth  So- 
ciety in  Norwich,  and  that  they  are  hereby  endowed  and  in- 
vested with  the  same  j)owers  and  priviledges  as  other  ecclesi- 
astical societies  have  and  enjoy ;  and  that  the  other  part  of 
said  west  society  on  the  westerly  and  southwesterly  side  of 
said  dividing  line  shall  retain  the  name,  powers  and  privi- 
ledges of  said  west  society. 

Upon  the  memorial  of  the  inhabitants  of  North  Woodstock 
in  the  town  of  Woodstock  in  the  county  of  Windham,  and 
of  Theophilus  Chandler,  Sanuiel  Chandler,  Moses  Mercy, 
William  Nelson  and  Edwai-d  Bugl)ee,  inhabitants  of  Thomson 
parish  in  the  town  of  Killingly,  and  of  llenry  Child,  Peter 
Child,  inhal>itants  of  the  society  of  New  Roxbury  in  said  town 
of  Woodstock,  representing  that  the  extent  and  bounds  of 
said  North  AVoodstock  are  small,  praying  that  all  those  in- 
habitants living  in  said  Thomson  parish  and  lands  lying  with- 
in the  following  bounds,  to  wit :  beginning  at  the  southwest 
corner  of  the  abovesaid  Theophilus  Chandler's  land  in  the 
east  line  of  said  North  Woodstock,  from  thence  eastward 
bounding  on  said  Chandler's  south  line  to  the  southeast  cor- 
ner of  his  land,  thence  northerly  half  a  mile  to  a  heap  of 
stones,  thence  east  to  Quinabaug  River,  thence  northerly  by 
said  river  as  far  as  said  parish  extends,  thence  westerly  to  the 
northeast  corner  of  said  North  Woodstock,  thence  [southerly 


1761.]  OF    CONNECTICUT.  557 

by  the  line  of  said  Nortli  Woodstock  to  the  first  Jiientioiied 
corner,  and  also  within  the  iollowing  bounds  which  arc  with- 
in said  society  of  New  Roxlniry,  to  wit:  beginning  at  the 
soutliei'most  part  of  the  land  of  Capt.  Neliemiah  Lyon  in  the 
dividing  line  between  said  societies  of  North  Woodstock  and 
New  lloxbury,  from  thence  to  extend  west  to  the  conntry 
road  over  Horse  Hill,  so  called,  to  a  heap  of  stones,  thence 
northerly  bounding  west  on  said  road  until  it  conies  to  wliere 
the  said  road  intersects  the  west  line  of  said  parish  of  North 
Woodstock:  Resolved  by  this  Assembly,  that  all  tliose  in- 
habitants and  lands  within  the  aforesaid  l)ounds  and  limits,  as 
above  described,  within  said  Thomson  parish,  and  all  tliose 
inhal)itants  and  lands  within  the  described  lines  and  bounds 
in  said  New  Roxbury  society,  exclusive  of  John  Marscralt  and 
his  lands,  shall  be  and  they  are  hereby  annexed  to  the  said 
society  of  North  Woodstock,  and  for  the  future  shall  be 
deemed  to  be  of  that  society. 

On  the  memorial  of  Timothy  and  Rachel  More,  administra- 
tors on  the  estate  of  David  More  late  of  Symsbiuy  in  the 
county  of  Hartford,  deceased,  praying  for  liberty  to  sell  real 
estate  of  the  said  deceased  the  value  of  £G6  Is.  i)d.  lawful 
money,  for  the  payment  of  debts  due  from  said  estate  &c.,  as 
per  memorial  on  file :  Resolved  by  this  Assembly,  that  the 
said  memorialists  have  liberty,  and  liberty  is  hereby  gianted 
to  the  said  memorialists,  to  make  sale  of  so  much  of  the  real 
estate  of  the  said  deceased  as  will  raise  the  sum  X06  la.  6d. 
lawful  money,  for  the  payment  of  said  debts  due  from  said 
estate,  with  incident  charge  of  sale ;  taking  the  advice  of  the 
court  of  probates  in  the  district  of  Hartford  therein. 

Upon  the  memorial  of  Charity  Lotlirop,  administratrix  on 
the  estate  of  Ezra  Lothroj)  late  of  Norwich,  deceased,  shew- 
ijig  to  this  Assembly  that  the  debts  due  from  the  estate  of  the 
said  deceased  togetlier  with  some  necessaries  allowed  to  the 
widow  by  the  court  of  probate  for  the  district  of  Norwich 
surmount  the  inventoried  personal  estate  of  the  said  deceased 
the  sum  of  four  hundred  and  sixty  pounds  five  shillings  one 
penny  and  3  farthings,  and  praying  for  liberty  and  power  to 
sell  so  much  of  the  real  estate  of  the  said  deceased  as  to  raise 
the  said  sum  with  the  incident  charges  arising  on  such  sale : 
Resolved  by  this  Assembly,  that  the  said  Charity  Lotlirop 
have  liberty  and  power,  and  the  same  is  hereby  granted  to 
her,  to  sell  so  much  of  the  real  estate  of  the  said  deceased  as 
to  raise  the  sum  of  four  hundred  and  sixty  pounds  five  shil- 
[398]  lings  one  penny  and  three  farthings  lawful  money,  j|  and 
tlie  incident  charges  arising  on  such  sale ;  taking  the  direc- 


558  PUBLIC   RECORDS  [May, 

tion   of   the   court   of   probate   for   the  district  of  Norwich 
therein. 

Upon  the  memorial  of  Ezekiel  White  of  Lyme,  shewing  to 
this  Assemldy  that  in  the  month  of  April  1756,  being  a  sol- 
dier inlisted  in  the  company  under  the  command  of  Lt. 
Coloucl  Israel  Putnam  and  ordered  on  a  covering  party  to 
escort  Major  Dyar  and  others  from  Fort  Edward  to  Saratoga, 
was  taken  prisoner  by  the  Indians  and  carried  to  Cochena- 
wago,  where  he  was  detained  upwards  of  four  years  &c., 
suffered  liardships  &c. ;  praying  for  some  allowance  out  of  the 
public  treasury  &c.,  as  per  memorial  on  file:  Resolved  by 
this  Assembly,  that  fifteen  pounds  be  paid  out  of  the  public 
trcasui-y  of  this  Colony  to  the  aforesaid  Ezekiel  White,  and 
that  the  Treasurer  of  this  Colony  be  and  he  is  hereby  ordered 
and  directed  to  pay  the  same  accordingly. 

Upon  the  memorial  of  Joseph  Taylor  and  Simon  Baxter 
and  others,  all  inhabitants  of  the  township  of  Hartland  in  the 
county  of  Litchfield,  shewing  to  this  Assembly  that  there 
hatli  already  settled  in  said  township  and  are  now  therein 
resident  the  number  of  thirty-seven  families,  and  al)Out  seven 
more  families  coming  to  settle  therein  very  soon,  and  now 
dwelling  in  the  limits  of  the  same  the  number  of  two  hund- 
red and  twelve  persons ;  praying  tliis  Assembly  to  grant  to 
the  memorialists  and  their  successors  such  priviledges  for  the 
well  governing  tlie  inhabitants  thereof  as  other  towns  in  this 
Colony  now  have  and  do  enjoy  ;  as  per  memorial  on  lile  &g.  : 
Resolved  liy  this  Assembly,  that  the  memorialists  inhabitants 
of  said  Hartland  l)e  and  they  are  hereby  made  and  created 
an  entire  town  by  the  name  of  the  Town  of  Hartland ;  and 
this  Assembly  do  also  grant  said  town  of  Hartland  all  such 
rights,  powers,  priviledges  and  innnunities  as  any  other  towns 
in  tliis  Colony  now  have  and  do  enjoy,  and  that  Messrs. 
Joseph  Taylor  and  Simon  Baxter,  both  of  said  town,  be  and 
they  are  hereby  appointed  and  impowered  to  give  due  warn- 
ing and  notice  to  all  tlic  inhabitants'of  said  town  to  meet  at 
some  suitable  place  in  said  town  on  the  second  Tuesday  of 
July  next,  to  choose  and  elect  all  such  town  officei's  for  the 
cnrrent  year  until  December  next,  as  other  towns  in  this 
Colony  by  law  have  right  to  choose  and  ai)point,  and  then 
proceed  as  such  other  towns  are  by  law  enabled  to  do. 

Upon  the  memorial  of  John  Coleman  and  Medad  Lyman, 
keepers  of  liis  Majesty's  goals  in  the  county  of  Hartford  and 
New  Haven,  representing  that  in  the  year  A.  D.  1751),  (by 
order  of  law)  had  committed  to  their  care  a  number  of  French 
prisoners  taken  at  Niagara,  who  continued  in  their  custody 


I 


1761.]  OF    CONNECTICUT.  559 

until  about  the  beginning  of  the  present  year,  which  time 
they  did  (according  to  order)  take  care  of  and  provide  for  said 
prisoners,  and  were  at  extraordinary  trouble  •  in  letting  to 
labour  said  prisoners,  talcing  receipts,  giving  discharges,  and 
risqueing  and  liazarding  the  escape  of  other  prisoners  by 
frequently  opening  the  goal  doors  &c.,  for  which  they  have 
not  received  tlie  least  satisfaction:  praying  tliat  they  may 
have  paid  them  such  sum  or  sums  as  sliall  be  thought  a  reason 
able  recompenec,  as  per  memorial  <tc. :  Resolved  by  this 
Assembly,  that  the  said  Jolm  and  Medad,  and  all  other 
goalers  in  this  Colony  who  have  had  the  care  and  custody  of 
any  such  French  prisoners,  shall  have  liberty  and  liberty  is 
herel)y  granted  them,  to  lay  their  several  accounts  for  adjust- 
[399]  ment  1|  before  the  honourable  judges  of  the  superior 
court,  who  are  hereby  authorized  to  adjnst  the  same,  and 
what  sum  or  sums  tiiey  shall  judge  just  for  said  goalers 
severally  to  receive,  to  draw  an  order  for  the  payment  thereof 
on  tlie  Treasurer  of  this  Colony,  who  is  hereby  ordered  to  pay 
the  same. 

Upon  the  report  of  Jonathan  Trumble,  Hezekiah  Hunting- 
ton and  Jabcz  Huntington,  Esq""*,  a  committee  ap|)ointed  l)y 
this  Assembly  to  fix  a  stake  for  the  2d  society  in  Windsor  to 
build  a  meeting-house,  that  they  repair'd  to  said  society, 
view'd  the  parts  and  heard  the  parties,  and  affixed  a  stake  on 
the  west  side  of  the  street  near  the  course  of  the  line  between 
the  lands  of  Mr.  Benjamin  Newberry  and  Mr.  Joseph  New- 
berry, on  which  their  (Jwelling-hoiises  stand,  which  stake  is  to 
be  included  within  tlie  sills  of  said  meeting-house:  Resolved 
by  this  Assembly,  that  the  place  affixed  as  aforesaid  be  the 
place  for  said  society  to  build  a  meeting-house  for  divine 
worship. 

Upon  the  memorial  of  John  Townly  of  Hartford,  late  from 
England,  representing  that  he  came  into  the  said  town  of 
Hartford  in  October  last,  purchased  himself  a  freehold  with 
full  i)urpose  to  make  himself  an  inhabitant  in  said  town,  and 
that  afterwards  he  imported  about  X2000  sterling  in  goods 
from  London,  that  the  duty  of  5  per  cent,  was  required  of 
him  by  the  collector  of  excise  in  said  Hartford  u[)on  his 
bringing  said  goods  into  said  town  &c. ;  praying  to  be  excused 
from  said  duty,  for  the  reasons  in  said  memorial  mentioned 
&c.:  Resolved  by  this  Assembly,  that  the  said  John  Townley 
be  and  he  is  hereby  released  and  discharged  from  all  demands 
made  against  him  on  account  of  his  importing  and  bringing 
in  of  the  said  goods  into  the  said  town  of  Hartford,  as  afore- 
said. 


560  PUBLIC  RECORDS  [May, 

Upon  the  memorial  of  the  inhabitants  of  the  first  and 
second  societies  in  the  town  of  Hartford,  representing  that 
the  inhabitants  of  the  first  and  second  societies  in  said  town 
have  no  distinct  or  distinguishable  parochial  bounds  or  limits, 
and  that  they  are  so  situated  and  interspersed  one  among 
another  that  it  thence  becomes  impracticable  to  set  up  schools 
or  school-houses  in  either  of  said  societies,  so  as  to  accomo- 
date the  particular  members  of  either  respectively ;  that  it  is 
therefore  necessary  that  the  said  two  societies  promiscuously 
considered  should  be  divided  into  two  distinct  districts  for  the 
purposes  of  erecting,  keeping,  and  supporting  of  parish  schools 
according  to  the  intention  of  the  law  requiring  such  schools  to 
be  kept  <fec.,  and  praying  for  the  aid  of  this  Assembly  in  this 
behalf:  It  is  therefore  resolved  by  this  Assembly,  that  the 
said  two  societies  be  divided  into  two  distinct  districts  for  the 
purposes  of  erecting,  keeping  and  maintaining  of  parish 
schools  in  the  same.  And  it  is  hereby  ordered  and  decreed, 
that  all  such  persons  as  are  or  shall  be  liable  to  be  rated  by 
either  of  said  societies  living  on  the  north  side  of  the  little 
river  in  said  town  shall  be  one  entire  district  known  by 
the  name  of  tlie  North  District ;  and  all  those  persons  as  are 
or  shall  be  liable  to  be  rated  by  either  of  said  societies  living 
south  of  said  little  river  shall  be  one  entire  district  by  the 
name  of  the  South  District.  And  the  aforesaid  inhabitants 
within  their  respective  districts  shall  have  the  same  powers 
and  priviledges  for  the  erecting,  keeping,  supporting  and 
regulating  of  their  parish  schools  and  the  interests  to 
them  belonging  as  any  other  parish  or  society  within  tliis 
Colony  liave  or  do  enjoy;  and  they  shall  also  be  in  all  respects 
subject  to  tlie  same  rules,  laws  and  orders  for  the  keeping 
and  maintaining  of  their  said  parish  schools  as  other  societies 
and  parishes  are. 

[400]  On  the  memorial  of  Nathan  Adams  and  others, 
inhal»itants  of  sundry  towns  in  this  Colony,  principally  of  the 
towns  of  Fairfield  and  Norwalk,  representing  to  this  Assem- 
bly the  great  difficulties  and  dangers  that  attend  the  passing 
Saugatuck  River  lying  l)etween  said  townships  of  Fairfield 
and  Norwalk,  more  es])ecially  in  the  winter  season,  for  want 
of  a  good  and  sufficient  bridge  cross  said  river  in  the  country 
or  post  road  throngli  tbis  Coh)ny  to  New  York;  |»i-aying  tlie 
attention  and  special  direction  of  this  Assembly  :  Resolved 
l)y  this  Assembly,  that  the  inhabitants  of  said  towns  of  Fair- 
field and  Norwalk  be  notified  to  apj)ear  befon;  this  Assembly 
at  tbeir  sessions  at  New  Haven  in  October  next,  to  shew 
reason,  if  any  they  have,  why  they  should  not  be  obliged  V)y 


17G1.]     •  OF    CONNECTICUT.  561 

act;  of  this  Assembly  to  build  and  maintain  a  good  and  suffi- 
cient bridge  cross  said  river  in  said  road ;  and  the  Secretary 
of  tiiis  Colony  is  hereby  directed  sometime  !)cfore  tlic  month 
of  August  next  to  send  a  copy  of  this  act  to  the  town  clerk  of 
each  of  said  towns,  which  shall  l)e  a  sufficient  notification  for 
said  towns  to  appear  for  the  purposes  aforesaid. 

On  the  memorial  of  Isaac  Johnson  of  Wallingford,  adminis- 
trator on  the  estate  of  Stcplien  Ward  late  of  Derby,  deceased, 
representing  to  this  Assembly  that  the  debts  due  from  said 
estate  surmount  the  personal  estate  of  said  deceased  the  sum 
of  06IG  7s.  lOid.  money;  praying  for  liberty  to  make  sale  of 
so  much  real  estate  of  said  Stephen  as  will  be  sufficient  to  pay 
said  sum  and  incident  charges  &c.,  as  per  said  memorial  on 
file  appears :  Resolved  by  this  Assembly,  that  the  memorial- 
ist have  liberty,  and  liberty  and  authority  is  hereby  granted 
to  the  said  memorialist,  to  sell  and  convey  so  mucli  of  the 
real  estate  of  said  deceased  as  shall  be  sufficient  to  raise  said 
sum  of  c£lG  7s.  lO^d.  with  the  incident  charges  of  such  sale; 
taking  the  advice  and  direction  of  the  court  of  probate  for  the 
district  of  New  Haven  therein. 

Upon  the  memorial  of  Nathaniel  Griffisn  of  Symsbury, 
rej)rGsenting  that  in  the  year  1700,  he  was  a  lieutenant  in  the 
ct)mpany  under  Capt.  Noah  Humphry,  and  being  stationed  at 
the  little  falls  on  Mohawk  River  in  the  battoe  service  and 
moving  of  a  laden  battoe  into  said  river  was  hurt  with  a  roll 
on  which  said  battoe  was  moved,  the  same  catching  and  run- 
ning over  his  foot  and  near  midway  of  his  leg,  crushing  all 
the  bones  and  flesh.  &c.,  whereby  he  is  likely  to  remain 
greatly  disabled  from  labour  &c.,  praying  relief  &c.:  Re- 
solved by  this  Assembly,  that  the  said  Nathaniel  Griffen  be 
paid  out  of  the  public  treasury  of  Ihis  Colony  the  sum  of 
twenty  pounds  money,  and  the  Treasurer  is  hereby  ordered 
and  directed  to  pay  the  same  to  him. 

Upon  the  memorial  of  Mary  Gillet,  of  Torrington  in  Litch- 
field county,  and  James  Frisby  of  Litchfield  in  said  county, 
administrators  on  the  estate  of  Jonathan  (Jillet  late  of  said 
Torrington,  deceased,  shewing  tbat  the  debts  due  from  said 
estate  surmount  the  said  personal  estate  the  sum  of  £2o  Is. 
Sd.  lawful  money,  exclusive  of  the  widow's  necessaries ; 
1  (raving  thev  mitrht  have  liberty  to  sell  so  much  of  the  real 
estate  of  said  deceased  as  may  satisfy  said  sum  of  X^o  7.^-.  8tZ. 
[401]  and  incident  charges  arising  thereon:  ||  Resolved  by 
this  Assembly,  that  the  said  memorialists  have  liberty  and 
they  are  hereby  authorized  and  fully  impowered,  to  make  sale 
of  so  much  of  the  real  estate  of  said  deceased  as  to  satisfy 

71 


662  PUBLIC  RECORDS  [May, 

said  sura  of  £23  Is.  8d.  together  with  incident  charges  there- 
on ;  taking  the  advice  of  the  court  of  probate  in  the  district  of 
Litchfield  tlierein. 

On  the  memorial  of  David  Jacobs,  administrator  on  the  es- 
tate of  Amos  Jacobs  late  of  New  Haven,  deceased,  represent- 
ing to  this  Assembly  that  the  debts  due  from  said  deceased's 
estate  with  some  allowance  to  the  widow  surmount  the  per- 
sonal estate  of  said  deceased  the  sum  of  X23  19s.  lO^d.  law- 
ful money ;  praying  for  liberty  to  sell  so  much  of  the  estate 
of  said  deceased  as  may  be  sufficient  to  raise  said  sum  with 
the  incident  charges,  as  per  memorial  appears  :  Resolved  by 
this  Assembly,  tliat  said  David  Jacobs  have  liberty,  and 
liberty  and  authority  is  hereby  granted  to  the  said  David 
Jacobs,  to  sell  and  convey  so  much  of  the  real  estate  of  said 
deceased  as  shall  be  sufficient  to  raise  said  sum  of  £23  19s. 
lO^d.  with  the  incident  charges  which  may  arise  on  such 
sale ;  taking  the  advice  of  the  court  of  probate  for  the  district 
of  New  Haven  therein. 

Upon  the  memorial  of  Daniel  Crowfoot  of  Newtown,  shew- 
ing to  this  Assembly  that  on  the  8th  day  of  April  17G0,  he 
had  accidently  burnt  the  one  lialf  of  a  twenty-sliiliing  bill  of 
the  Colony  of  Connecticut  of  March  date  1758  ;  prayiug  to 
this  Assembly  for  liberty  to  have  £1  3s.  Od.  in  Connecticut 
bills  paid  to  him  out  of  the  treasury  of  said  Colony,  he  re- 
turning the  other  half  of  said  bill :  Resolved  by  this  As- 
sembly, that  the  Treasurer  of  said  Colony  pay  out  of  said 
treasury  unto  said  Crowfoot  the  sum  of  £1  3>>'.  Od.  of  said 
Colony's  bills,  he  returning  the  other  part  of  said  bill. 

Pursuant  to  a  resolve  of  this  Assembly  at  their  sessions 
specially  conven'd  at  New  Haven  on  the  26th  day  of  March 
last,  relating  to  the  sutlers  or  traders  who  attended  the 
troops  of  this  Colony  in  the  last  campaign:  It  is  now  re- 
solved by  this  Assembly,  that  Elisha  Sheldon,  Esqr,  Col. 
Christopher  Avery,  Mr.  David  Rowland,  Mr.  Comfort  Starr, 
Mr.  Matthew  Talcott,  Mr.  Isaac  Tracy,  and  Capt.  Obadiah 
Johnson  be  and  they  are  hereby  appointed  a  committee  to  ex- 
amine the  accounts  of  the  aforesaid  sutlers  or  ti-aders  rela- 
ting to  the  articles  they  delivered  to  the  soldiery  in  the  army 
in  the  last  campaign.  And  said  committee  are  hereby  di- 
rected to  attend  at  convenient  time  and  place,  and  duly  ex- 
amine and  consider  the  accounts  aforesaid  with  all  the 
evidence  relative  thereto  which  the  aforesaid  traders  or 
sutlers  shall  see  cause  to  lay  before  them.  And  the  said 
committee  are  to  make  a  just  estimate  and  set  a  just  and 
reasonable  price  for  each  kind  of  article  therein  according  to 


1761.]  OF    CONNECTICUT.  563 

the  circumstances  of  the  time  and  place  when  and  where  the 
same  was  delivered,  and  make  report  of  their  doings  therein 
to  this  Assembly  at  their  present  sessions. 

Resolved  hy  this  Assembly,  That  Jonathan  Trumble,  David 
Rowland  and  William  Wolcott,  Esq^^  be  a  committee  and 
they  are  liereby  appointed  a  committee,  to  receive  of  the 
Honi^'e  William  Pitkin,  John  Chester  and  George  Wyllys, 
Esq'%  who  were  appointed  in  October  1759  to  sell  the 
£22000  sterling  money  &c.,  the  receipts  they  have  taken  for 
the  money  paid  into  the  Colony  treasury,  compute  the  same 
[402]  that  it  may  be  known  what  monies  are  lodged  in  ||  the 
treasury  for  the  sterling  sold,  and  to  settle  the  accompts  with 
the  said  committee  respecting  those  matters  and  deliver  the 
said  receipts  into  the  hands  of  the  Secretary  of  tlie  Colony; 
and  further,  to  consider  what  may  be  a  meet  recompence  to 
said  committee  for  their  service  in  the  matters  aforesaid,  and 
make  report  to  this  Assembly. 

On  the  jjctition  of  Joseph  Talcott,  of  Hartford,  Esq"", 
Treasurer  of  the  Colony  of  Connecticut,  vs.  Benjamin  Allyn, 
of  Windsor  in  the  county  of  Hartford,  as  on  file:  The  ques- 
tion was  put,  whether  the  prayer  of  said  petition  should 
be  granted :    Resolved  by  this  Assembly  in  the  negative. 

On  the  petition  of  Abner  Ely  of  Middleton  in  the  county  of 
Hartford,  vs.  Mary  Merriman  of  said  Middleton,  administra- 
trix on  the  estate  of  Capt.  Henry  King  late  of  Middleton 
aforesaid,  deceased,  as  on  file:  The  question  was  put,  whether 
the  prayer  of  said  petition  should  be  granted:  Resolved  by 
this  Assembly  in  the  negative.  Cost  allov)ed  respondent  is 
<£2  5s.  4:d.  lawful  money.     Ex.  granted  Oct.  2Sth  1761. 

On  the  petition  of  Stephen  Cone,  of  East  Haddam  in  the 
county  of  Hartford,  vs.  Eleazer  Rowley  of  said  East  Haddam, 
executor  of  the  last  will  and  testament  of  Ebenezer  Rowley 
of  East  Haddam  aforesaid,  late  deceased,  as  on  file :  The 
question  was  put,  whether  the  pleas  offered  by  the  respondent 
in  abatement  of  this  petition  are  sufficient  to  abate  the  same; 
Resolved  by  this  Assembly  in  the  affirmative.  Cost  allowed 
respondent  is  X2  10s.  6d.  lawful  money.  Ex.  granted  Oct. 
28th  1761. 

On  the  petition  of  Abner  Parker  and  Sarah  Parker,  both  of 
Saybrook  in  the  county  of  New  London,  administrators  on  the 
estate  of  Gideon  Parker  late  of  Saybrook  albresaid,  deceased,  vs. 
Hezekiah  Prat  of  Saybrook  aforesaid,  as  on-  file :  The  question 
was  put,  whether  the  pleas  offered  by  the  respondent  in  abate- 
ment of  this  petition  are  sufficient  to  abate  the  same :    Re- 


564  PUBLIC   RECORDS  [May, 

solved  in  the  affirmative.      Cost  allowed  respondent  is  £1  19s. 
4c?.  lawful  money.     Ex.  granted  Sept.  5,  1761. 

On  the  petition  of  John  Hanchet,  of  Suffield  in  the  county 
of  Hartford,  vs.  Ezra  Hanchet,  Rhoda  Hanchet  and  Abip;ail 
Haiichet,  (children  and  heii"s  of  Ezra  Hancliet,  late  of  Suf- 
field aforesaid,  deceased,)  and  Charles  Granger  and  Abigail 
his  wife,  (who  was  the  widow  and  relict  of  said  Ezra  Hanchet, 
deceased,)  all  of  Suffield  aforesaid  &c.  as  on  file:  The  ques- 
tion was  put,  wlietlier  the  prayer  of  said  petition  should  be 
griinted:  Resolved  by  this  Assembly  in  the  negative.  Cost 
alloived  respondents  is  £1  2s.  6d.  lawful  nioney.  Ex.grayited, 
June  Wth  1761. 

On  the  petition  of  Nathaniel  Porter,  of  Windsor  in  the 
county  of  Hartford,  administrator  on  the  estate  of  Joseph 
Porter  of  said  Windsor,  late  deceased,  vs.  David  Elsvvorth  of 
Windsor  aforesaid,  as  on  file:  The  question  was  ])iit,  whether 
the  prayer  of  said  petition  should  be  granted :  Resolved  by 
this  Assembly  in  the  negative.  Cost  alloived,  respondent  is 
£'l  19s.  2c?.  latvful  money.     Ex.  granted  July  6th  1761. 

Henderson  Inches,  of  Boston  in  the  county  of  Suffolk  and 
Province  of  the  Massachusets  Bay,  vs.  Freegrace  Adams,  of 
Suffield  in  the  county  of  Hartford,  as  on  file:  The  question 
was  put,  whether  the  prayer  of  said  petition  should  be  granted: 
Resolved  by  this  Assembly  in  the  negative.  Cost  allowed  re- 
spondent is  =£4  4s.  Sd.  lawful  money. 

[403]  On  the  petition  of  James  Munn,  of  Colchester  in  the 
county  of  Hartford,  t'.<f.  Joseph  Wright  of  Middleton  in  the 
county  aforesaid,  as  on  file:  The  question  was  put,  whether 
there  is  manifest  error  in  the  judgment  of  the  superior  court 
complained  of  in  said  petition:  Resolved  by  this  Assemldy  in 
the  negative.  Cost  allowed  respondent  is  XI  7s. '8c?.  lauful 
mo7iey.     Ex.  granted  Sept.  bth  1761. 

On  the  petition  of  Samuel  Tyler,  of  Wallingford  in  the 
county  of  New  Haven,  vs.  Asa  Barnes  of  Wallingford  afore- 
said, as  on  file:  The  question  was  put,  whether  the  pleas 
offered  by  the  respondent  in  abatement  of  this  ]»etition  are 
sufficient  to  abate  Die  same:  Resolved  by  this  Assembly  in 
the  affirmative.  Cost  allowed  respondent  is  £2  3s.  9c?.  law- 
ful money. 

On  the  petition  of  John  Glover,  Daniel  Booth  and  Benja- 
min Cnrtiss,  all  of  Newtown  in  the  county  of  Fairfield,  and 
the  rest  of  the  inhabitants  of  said  Newtown,  vs.  Robert 
Walker,  Esqr,  and  Capt.  John  Porter,  both  inhabitants  of  the 
town  of  Stratford  in  the  county  aforesaid,  and  the  rest  of  the 


1761.]  OP    CONNECTICUT.  565 

inhabitants  of  said  town  of  Stratford,  as  on  file:  Tlie  question 
was  put,  whether  the  prayer  of  said  petition  should  be 
granted :  Resolved  by  this  Assembly  in  the  negative.  Cost 
allowed  respondeiits  is  X3  O.s.  2d.  lawful  money. 

Cost  allowed  to  Joshua  Robbins  the  rM,  of  Weathcrsfield  in 
the  county  of  Hartford,  for  attendance  &c.  to  answer  the 
])ctition  of  Perez  Marsh,  of  Hadley  in  the  county  of  Hamp- 
shire and  Province  of  the  Massachusets  Bay,  liy  the  said 
Marsh  ))roferred  to  this  Assembly  and  withdrawn,  is  X3  on. 
ikl.  lawful  money.     Ex.  granted  July  9th  1761. 

This  Assembly  grants  to  the  Hon'''^  Thomas  Fitch,  Gov- 
ernor, one  hundred  pounds,  for  his  salary  the  first  half  of  the 
current  year. 

This  Asscmldy  grants  to  the  Hon'^'e  William  Pitkin,  Dep- 
uty Governor,  fifty  pounds,  for  his  salary  the  first  half  of  the 
current  year. 

This  Assembly  grants  to  the  Honbi«  Thomas  Fitch,  Esq^, 
Governor  of  this  Colony,  the  sum  of  fifty  ]»ounds  money,  for 
his  extraordinary  services  for  the  half  year  now  last  past. 

This  Assembly  grants  to  the  Secretary  of  this  Colony  the 
sura  of  twenty  pounds,  for  his  salary  the  last  year. 

This  Assembly  gi-ants  to  the  Treasurer  of  this  Colony  one 
hundred  pounds,  for  his  salary  the  last  year. 

This  Asseml)ly  grants  to  the  Treasurer  of  this  Colony  the 
sura  of  sixty  pounds,  for  his  extraordinary  services  the  last 
year. 

Whereas  Timothy  Green  of  New  London  hath  exhifjited 
his  account  to  this  Assembly  amounting  to  the  sum  of  X21 
18s.  Od.  for  services  from  Nov.  1760  and  his  salary  to  this 
time,  as  per  said  account  on  file  appears :  Resolved  by  this 
Assembly,  that  the  said  account  be  and  the  same  is  hereby 
allowed,  and  the  Treasurer  of  this  Colony  is  hereby  directed 
to  pay  unto  the  said  Timothy  Green  out  of  the  pulalic  treas- 
ury the  abovesaid  sum  of  £21  18s.  Od.  in  full  for  the  services 
in  said  account  mentioned  and  charged. 

Mr.  Timothy  Green  of  New  London,  printer,  exhibited  to 
this  Assembly  his  account  amounting  to  the  sum  of  X125,  for 
))rinting  and  binding  two  thousand  of  the  books  called  the 
Saybrook  Confession  of  Faith  &c.,  according  to  an  act  of  this 
Assembly  passed  at  their  session  in  October  1759,  and  the 
agreement  of  the  committee  appointed  to  procure  said  work 
to  be  done,  as  per  account  on  file,  which  account  is  accepted 
and  allowed :  It  is  therefoi-e  resolved  by  this  Assembly,  that 
the  Treasurer  of  this  Colony  pay  unto  the  said  Timothy 
Green  in  bills  of  credit  of  this  Colony  the  sum  of  ninety-five 
[404]  pounds  in  bills  ||  of  credit  of  this  Colony,  the  balance 


566 


PUBLIC    RECORDS 


[May, 


due  on  said  account  and  in  full  discharge    thereof,   taking 
his  receipt  therefor. 

Capt.  Titus  Hurlbut  having  laid  before  this  Assembly  his 
account  for  taking  care  of  the  New  London  Battery,  his  own 
wages,  soldiers'  wages  &c.,  to  the  amount  of  <£29  15s.  Od. 
lawful  money,  and  the  same  being  approved  and  allowed:  It 
is  therefore  resolved  by  this  Asseml)ly,  that  the  Treasurer  of 
this  Colony  be  and  the  said  Treasurer  is  hereby  directed  to 
pay  to  said  Titus  Hurlbut  the  said  sum  of  twenty-nine  pounds 
fifteen  siiillings,  taking  receipt  thereof. 

Cost  allowed  to  Joseph  Desborough,  John  HoUinworth, 
Ebenezer  Wakoman,  Ebenezer  Hull  jun"",  Humphry  Ogden, 
Gershom  Banks  and  Daniel  Morris,  all  of  the  town  and  county 
of  Fairfield,  listers  of  said  town  of  Fairfield  «fec.,  for  attendance 
to  answer  the  memorial  of  Joseph  Wakeman  of  Fairfield 
aforesaid,  by  him  preferred  and  negatived  by  this  Assembly, 
is  X4  3s.  Qd.  lawful  money,     ^x.  granted  June   10th,  1761. 

Cost  aHowed  to  Jonathan  Gillet,  Israel  Holly  jun'',  and 
Samuel  Hitchcock,  all  of  Sharon  in  the  county  of  Litclifield, 
listers  of  the  town  of  Sharon  tfec,  for  attendance  &c.  to 
answer  the  memorial  of  Joel  Harvey  of  Sharon  aforesaid,  by 
the  said  Harvey  preferred  against  them  and  negativ'd  by  this 
Assembly,  is  X3  14s.  Ad.  lawful  money.  IJz.  granted  July 
IQth.  1761. 

The  Suras  Total  of  the  Additions  to  the  Lists  of  the  Polls  and  Rateable 
Estate  of  the  Inhabitants  of  the  several  Tow^ns  hereafter  named 


sent 

;  in  to  this  Assembly  are  as  follow,  viz : 

Single  Additions.                    Fourfold  Additions. 

Hartford, 

.£1319 

3 

0       . 

.     £63 

4      0 

New  Haven, 

949 

14 

3  . 

436 

8       0 

New  London, 

493 

4 

0       . 

.     841 

5       0 

Fairfield, 

574 

3 

3  . 

766 

8       0 

Windham, 

905 

10 

6       . 

.     934 

1       0 

Litchfield, 

251 

7 

0  . 

Norwich, 

650 

10 

6       . 

.     558 

12       0 

Harwington, 

Durham, 

2 

6 

0  *    .     '    . 

.     163 

17       0 

Ridgfield, 

585 

17 

0  . 

159 

4      0 

Sharon, 

Newtown, 

1221 

11 

0  .    '     .    ' 

Stamford, 

140 

14 

0       . 

.     237 

4       0 

Lyme, 

New  Hartford, 

351 

7 

0  *    .     '    . 

Waterbury, 

641 

11 

0  . 

229 

4      0 

Salisbury, 

223 

16 

0       . 

.     159 

10       0 

Killing-worth, 

Woodstock, 

594 

0 

0  *    .         . 

.     172 

0      0 

1761.J 

OP    CONNECTICUT 

* 

< 

367 

Si 
Ashford, 

'ngle  Additions. 
^738       10. 

Fourfold  Additions. 

Nor  walk, 

751 

0 

4       . 

.  £181 

12 

0 

Danbury, 
Plainfield, 

68 
340 

3 
2 

9  . 
6       . 

129 
.     164 

0 
0 

0 
0 

Pomfret, 

601 

5 

0  . 

312 

12 

0 

Suffield, 

Canaan, 

67 

17 

0  .    '     .    ' 

.    '     116 

0 

0 

Derby, 

176 

1 

0       . 

.     785 

17 

0 

Tolland, 

114 

16 

0  . 

369 

4 

0 

Branford, 

214 

11 

6       . 

.     206 

10 

0 

Coventry, 
East  Haddam, 

559 

84 

14 
1 

10  . 

0       . 

500 

.       56 

11 
12 

2 
0 

Saybrook, 

340 

2 

0  . 

657 

16 

0 

Cornwall, 

101 

6 

0      . 

.      142 

0 

0 

Torrington, 

58 

2 

0  . 

144 

0 

0 

Woodbury, 
Wallingford, 

823 
459 

17 

2 

9       . 
6  . 

.     141 

270 

0 
15 

0 

6 

;405]  Canterbury, 248 
;3addam, 

12 

0       . 

.     211 
204 

8 
12 

0 
10 

Farming'ton, 

424 

18 

0  '    .     '    . 

.     668 

6 

0 

Killingly, 

1213 

10 

0  . 

72 

0 

0 

Windsor, 

112 

18 

0       . 

.     818 

12 

0 

Lebanon, 

285 

2 

6  . 

126 

8 

0 

Greenwich, 

1198 

1 

0       . 

.     124 

10 

0 

Somers, 

123 

10 

0  . 

Symsbury, 
Stratford, 

335 

4478 

10 

18 

0       . 

2  . 

.    "     725 

4 

0 

Mansfield, 

638 

0 

0       . 

.     241 

9 

6 

Stafford, 

1330 

1 

0  . 

Kent, 

2112 

0 

0       . 

Guilford, 

144 

8 

9  . 

.    '     320 

0 

0 

Milford, 

406 

5 

7       . 

.     248 

9 

0 

Preston, 

284 

18 

0  . 

Glassenljury, 
New  Milford, 

433 
103 

17 
11 

0       . 
3  . 

Voluntown, 

249 

7 

0       . 

Stonington, 

1018 

10 

6  . 

.    *   1667 

8 

0 

Groton, 

1833 

12 

0       . 

.     470 

8 

0 

Bolton, 

199 

18 

0  . 

Goshen, 

183 

13 

0       . 

.      72 

0 

0 

Colchester, 

1388 

19 

0  . 

604 

12 

0 

Weathersfield, 

1992 

5 

5       . 

Middleton, 

716 

15 

0  . 

.    "     323 

13 

0 

Hebron, 

416 

0 

0       . 

Enfield, 

575 

10 

0  . 

.    '     146 

8 

0 

668  PUBLIC    RECORDS  [Oct. 

This  Assembly  appoints  John  Chester  and  Daniel  Edwards, 
Esqrs,  Col.  Joseph  Pitkin  and  Mr.  John  Ledyard,  to  attend 
his  Hon""  the  Deputy  Governor  at  Hartford  to  hear  the  records 
of  the  acts  and  doings  of  this  Assembly  publickly  read  and 
see  the  same  signed  by  the  Secretary  as  perfect  and  compleat. 

This  Assembly  is  adjourned  until  the  Governor,  or  in  his 
absence  the  Deputy  Governor,  shall  see  cause  to  call  it  to 
meet  again. 

Teste        George   Wtllys   Secret'y. 


[407]        Anno  Regni  Regis  Georgii  tertii  seaindo. 

At  a  General  Assembly  of  the  Governor  and  Company 
OF  HIS  Majesty's  English  Colony  of  Connecticut  in  New 
England  in  America  holden  at  New  Haven  in  said 
Colony  on  the  second  Thursday  of  October  (being  the 
eighth  day  of  said  month)  and  continued  by  several  ad- 
journments UNTIL  THE  thirty-first  DAY  OF  THE  SAME  MONTH, 

annoque  Domini  1761. 

Present : 
The  Honourable  Thomas  Fitch,  Esq"",  Governor. 
The  Hon^'o  William  Pitkin,  Esq"",  Deputy  Governor. 
Roger  Newton,  Daniel  Edwards,       ^ 

Ebenezer  Silliman,  Jabez  Hamlin,  j 

Jonathan  Ti'umble,  Matthew  Griswold,   I    Esq""^, 

Hezekiah  Huntington,         Shubael  Conant,        (    Assistants. 
Andrew  Burr,  Elisha  Sheldon, 

Benjamin  Hall, 

Representatives  or  Deputies  who  attended  this   Assembly 

are  as  folloio,  viz  : 
Col.  Samuel  Talcott,  Col.  Josepli  Pitkin,  for  Hartford. 
Mr.  Daniel  Lyman,  Mr.  Samuel  Bishop,  for  New  Haven. 
Capt.  Jeremiah  Miller,  Major  Charles  Bulkley,  for  New  Lon- 
don. 
Mr.  David  Rowland,  Mr.  David  Burr  jun'',  for  Fairfield. 
Ml'.  Samuel  Gi-ay,  Capt.  Jonathan  Rudd,  for  Windham. 
Col.  Ebenezer  Marsh,  Ca]»t.  Isaac  Baldwin,  for  Litchfield. 
Capt.  Jabez  Huntington,  Mr.  Isaac  Tracy,  for  Norwich. 
Col.  Jonathan  Hoit,  Mr.  Abraham  Davenport,  for  Stamford. 
Col.  David  Whitney,  Mr.  Charles  Burril,  for  Canaan. 
Mr.  Thomas  Fitch  jun"",  Mr.  Peter  Lockwood,  for  Norwalk. 
Capt.  John  Fowler,  Mr.  John  Herpin,  for  MiUbrd. 
Capt.  John  Strong,  Mr.  Isaac  Lee,  for  Farjniugton. 
Capt.  Josiah  Bissel,Mr.  Erastus  Wolcott,  for  Windsor. 


1761.]  OP    CONNECTICUT.  5C9 

Mr.  Richard  Mather,  Mr.  William  Noyes,  for  Lyme. 

Mr.  Daniel  Alden  juiiS  Mr.  Josiah  Couvers,  for  Stafford. 

Capt.  Isaac  Kellogg,  Mr.  Martin  Smith,  for  New  Haitford. 

Capt.  Daniel  Paine,  Mr.  Manassah  Hosmcr,  for  Woodstock. 

Mr.  Jonathan  Dresser,  Mr.  Samnel  Craft,   for  Pomfret. 

Capt.  Samuel  Basset,  Capt.  James  Wheeler,  for  Derby. 

Mr.  Thomas  Russel,  Mr.  Joshua  Pierce,  for  Cornwall. 

Mr.  John  Case,  Mr.  Hezekiah  Humphry,  for  Symslmry. 

Mr.  Zebulon  West,  Mr.  Elisha  Steele,  for  Tolland. 

Maj.  Amos  Cheesbourough,  Capt.  Phineas  Stanton,  for  Ston- 
ington. 

Mr.  Joseph  Sexton,  for  Somers. 

Capt.  Benjamin  Wheeler,  Capt.  Thomas  Stevens,  for  Plain- 
field. 

Mr,  Amos  Babcock,  Capt.  Jedidiah  Fay,  for  Ashford. 

[408]   Capt.  John  Beach,  Capt.  Samuel  Nash,  for  Goshen. 

Mr.  Samuel  Olmsted,  Mr.  Lemuel  Abbot,  for  Ridgfield. 

Capt.  Elnathan  Stevens,  Capt.  Theophilus  Morgan,  for  Killing- 
worth. 

Mr.  Joseph  Wells,  for  Haddam. 

Mr.  Comfort  Sta^r,  for  Danbury. 

Mr.  Edward  Collins,  Capt.  Joseph  Olmsted,  for  Enfield. 

Capt.  Obadiah  Johnson,  Capt.  Jabez  Pitch,  for  Canterbury. 

Mr.  Simon  Learned,  Capt.  Samuel  Danielson,  for  Killingly. 

Mr.  John  Kimbeily,  Mr.  John  Wells,  for  Glassenl)ury. 

Mr.  Dudley  Woodbridge,  Capt.  William  Williams,  for  Groton. 

Capt.  Jonalhan  Beldiug,  for  Wcathersfield. 

Capt.  Abijah  Catlijig,  for  Harwington. 

Mr.  Joseph  Strong  juu"",  Mr.  Phineas  Strong,  for  Coventry. 

Capt.  Timothy  Judd,  Capt.  Geoi-ge  Nichols,  for  Waterbury. 

Capt.  Joel  White,  Capt.  Benjamin  Talcott,  for  Bolton. 

Cai>t.  John  Williams,  Mr.  John  Pardee,  for  Sharon. 

Mr.  John  Everts,  Mr.  Timothy  Brownson,  for  Salisbury. 

Mr.  Cyrus  Marsh,  Mr.  Nathan  Eliot,  for  Kent. 

Capt.  Samuel  Morgan,  Capt.  Joseph  Tyler,  for  Preston. 

Mr.  Daniel  Bostwick,  Mr.  Bushnel  Bostwick,  for  New  Milford. 

Capt.  Joshua  West,  Mr.  William  Williams,  for  Lebanon. 

Col.  Timothy  Stone,  Mr.  Nathaniel  Hill,  for  Guilford. 

Mr.  James  Barker,  for  Branford. 

Col.  Robert  Walker,  Mr.  Ichabod  Lewis,  for  Stratford. 

Capt.  James  Wadsworth,  for  Durham. 

Mr.  Seth  Wetmore,  Mr.  Matthew  Talcott,  for  Midflleton. 

Capt.  Henry  Champion,  Mr.  Dudley  Wright,  for  Colchester. 

Mr.  Charles  Whittlesey,  Ciipt.  Samuel  Hull,  tor  Wollingford. 

Mr.  Daniel  Sherman,  Col.   Benjamin  Hinman,  for  Woodbury. 

72 


570  PUBLIC    RECORDS  [Oct. 

Mr.  Caleb  Baldwin,  Mr.  Richard  Fairman,  for  Newton. 

Mr.  William  Hall  junS  Mr.  Nathan  Arnold,  for  Mansfield. 

Mr.  Jolm  Smith,  for  Voluntown. 

Capt.  Hezekiah  Whittlesey,  Capt.  John  Murdock,  for  Saybrook. 

Col.  Joseph  Spencer,  for  East  Haddam. 

Mr.  John  Clap,  for  Greenwich. 

Capt.  Alexander  Phelps,  for  Hebron. 

Mr.  William  King-,  for  Sufheld. 

Capt.  Jabez  Huntington,  Speaker  )    of  the  House  of 
Mr.  Abraham  Davenport,  Clerk      )    Representatives. 

[409]  An  Act  in  Addition  to  an  Act  entituled  An  Act  relating  to  Bridges. 

Whereas  in  sundry  instances  within  this  Colony  the  divi- 
dent  lines  between  some  towns  are  rivers  across  which  there 
is  need  of  a  bridge  or  bridges,  and  no  provision  is  already 
made  by  law  to  compel.*  the  towns  so  adjoyning  to  such  rivers 
to  build  and  maintain  suitable  and  sufficient  bridges:  For 
remedy  whereof. 

Be  it  enacted  hy  the  Grovernor,  Council  and  Representatives, 
in  General  Court  assembled,  and  hy  the  authority  of  the  same, 
That  when  and  so  often  as  a  bridge  or  bridges  shall  be  want- 
ing over  such  river  or  rivers  as  are  the  dividing  line  between 
any  towns  in  this  Colony,  and  such  towns  so  adjoyning  do 
not  agree  to  proceed  and  build  such  bridge  or  bridges,  it  shall 
and  may  be  lawful  for  any  person  or  persons  to  make  applica- 
tion to  the  county  court  within  the  same  county  for  that  ]>ur- 
pose;  which  person  oi-  persons  moving  as  aforesaid  shall,  at 
least  twelve  days  before  the  sitting  of  such  court,  cause  a  ci- 
tation to  be  served  on  one  or  more  of  the  selectmen  of  such 
towns  so  adjoyning  where  such  bridge  or  bridges  are  needed, 
to  appear,  if  they  see  cause,  at  said  court  and  make  their  ob- 
jections, if  au}"  they  have,  against  the  necessity  of  having 
said  bridge  or  bridges;  and  thereupon,  if  no  objections  be 
offered,  or  if  the  objections  be  judged  insufficient,  said  county 
court  may  appoint  a  committee  of  two  or  three  able,  judicious 
men,  freeholders  of  the  next  towns,  to  enquire  iuto  the 
necessity  and  conveniency  of  having  such  bridge  or  bridges 
and  point  out  the  place  where  such  bridge  or  bridges  shall  be 
erected,  and  make  report  of  their  opinion  thereon;  and  it 
being  by  such  court  accepted  and  judged  of  common  necessity 
and  conveniency,  the  said  towns  shall  forthwith  proceed  to 
erect  and  build  such  bridge  or  bridges;  and  the  selectmen  of 
such  towns  are  hereby  authorized  and  fully  impowcred,  to 
proceed  and  build  sucli  bridge  or  l»ridges,  and  to  levy  and 
raise  a  tax  or  rate  upon  the  inhabitants  of  such  towns,  accord- 
ing to  the  list  of  polls  and  rateable  estate  tlierein,  that  shall 
be  sufficient  for  the   payment  of  the  expence  of  erecting  and 


1761.]  OF    CONNECTICUT.  571 

building  such  bridge  or  bridges:  the  expciice  thereof  to  be 
equally  divided  between  such  towns.  And  the  selectmen  of 
any  town  that  shall  neglect  their  duty  as  directed  in  this  act 
shall  forfeit  and  pay  the  sum  of  ten  pounds  for  every  six 
months  they  shall  neglect  the  same:  one  half  to  the  county 
treasurer  for  the  use  of  said  county,  the  other  half  to  him  or 
them  that  shall  complain  of  and  j)rosecute  the  same  to  effect. 
A7id  it  is  further  enacted  by  the  authority  aforesaid.  That 
where  any  bridge  or  bridges  are  or  shall  be  erected  for  public 
use  across  any  such  river,  it  shall  l)e  the  duty  of  the  towns 
next  adjoyning  to  such  river  to  keep  and  maintain  such  bridge 
or  bridges  in  good  and  sufficient  repair:  the  expence  to  be 
paid  by  such  towns  in  equal  proportion;  which  bridge  or 
bridges  shall  be  under  the  same  regulation  as  other  bridges  in 
this  Colony  by  law  are,  only  the  forfeitures  and  penalties 
shall  be  paid  l)y  such  town  that  shall  neglect  or  refuse  to 
keep  such  bridge  or  bridges  in  repair  according  to  law;  any 
law,  usage  or  custom  to  the  contrary  notwithstanding. 

An  Act  for  reviving  an  Act  of  this  Assembly  made  and  passed  in  their 

Sessions  in  May  last  entituled  An  Act  in  further  Addition  to  the  Law 

entituled  An  Act  providing  in  Case  of  Sicl^ness. 

Whereas  it  is  provided  in  said  act,  that  the  same  should 
continue  in  force  until  the  rising  of  this  Assembly,  and  no 
longer:     Therefore, 

Be  it  enacted  hy  the  Grovernor,  Council  and  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  the  said  act  entituled  An  act  in  further  addition  to  thie 
law  entituled  an  act  providing  in  case  of  sickness,  be  revived 
and  the  same  is  hereby  revived  in  every  part  and  paragraph 
thereof,  and  to  continue  and  be  in  force  until  the  rising  of  this 
Assembly  in  May  next,  and  no  longer. 

[410]  An  Act  for  raising  and  establishing  the  Fees  of  the  County  Survey- 
ors in  this  Colony. 

Be  it  enacted  by  the  Governor,  Council  and  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  saine, 
That  for  the  future  the  fees  for  the  surveyor  of  lands  in  the 
respective  counties  in  this  Colony  shall  be,  for  himself  and 
horse  per  diem,  besides  expences,  the  sum  of  five  shillings 
lawful  money. 

Resolved  hy  this  Assembly,  That  for  the  more  convenient 
and  comfortable  return  of  the  troops  from  the  camp,  which 
have  been  raised  in  this  Colony  the  current  year,  the  Com- 
mittee of  the  Pay-Table  draw  on  the  Treasurer  of  the  Colony 
for  the  sum  of  six  hundred  pounds,  to  be  paid  to  Mr.  William 
Williams  of  Lebanon,  who  is  hereby  appointed  to  receive  the 
same  and  as  soon  as  may  be  carry  said  sum  and  thereof  de- 
liver three  hundred  pounds  to  each  colonel  or  chief  officer  of 


572  PUBLIC    RECORDS  [Oct. 

the  regiments  raised  as  aforesaid,  and  fake  receipts  for  the 
same  so  delivered;  that  cacli  colonel  or  chief  officer  shall  pay 
two  hundred  and  fifty  pounds  of  the  money  received  by 
him  as  aforesaid  to  the  captains  or  chief  officers  of  the 
several  companies  in  his  regiment  in  equal  proportion, 
taking  receipts  therefor ;  that  each  of  said  captains  or 
chief  officers  shall  pay  out  the  sum  by  him  received  in 
equal  proportion  to  the  company  under  his  command, 
as  part  of  their  wages ;  that  the  sum  of  fifty  pounds  re- 
maining in  the  hands  of  each  of  said  colonels  be  by  them 
severally  improved  in  making  such  needful  provision  for  the 
sick  and  infirm  of  their  respective  regiments  as  they  shall 
judge  best  for  their  comfortable  return  from  the  camp;  that 
said  colonels  provide  passages  by  water,  if  to  be  had,  for  such 
of  the  sick  as  may  be  best  accommodated  that  way,  and  carts, 
waggons  or  horses  for  such  of  the  sick  as  cannot  so  conven- 
iently return  l)y  water,  according  to  their  best  discretion. 
And  if  any  of  said  troops  on  their  return  shall  by  sickness, 
lameness  or  any  casualty  be  rendered  altogether  unal)le  to 
march  or  unfit  to  be  tiansported  in  such  carriages  as  may  be 
provided  for  that  purpose,  they  shall  be  committed  to  the  care 
of  one  or  more  of  the  selectmen  or  to  one  of  the  civil  author- 
ity in  the  respective  towns  in  this  Colony,  where  they  shall  be 
left,  who  shall  make  suitable  provision  for  them  until  they 
shall  be  able  to  march  or  are  fit  to  be  transported  home  : 
accounts  whereof  being  laid  before  the  Committee  of  the  Pay- 
Table  shall  be  by  them  adjusted  and  payment  thereof  ordered 
out  of  the  Colony  treasury. 

Provided  nevertheless,  That  if  the  aforesaid  sick  and  in- 
firm soldiers  should  be  sent  from  tlie  camp  and  be  on  their 
return  before  the  said  Mr.  William  Williams  arrives  there  and 
delivers  said  money  according  to  the  foregoing  directions, 
then  and  in  such  case  he  is  hereby  ordered  to  deliver  one 
hundred  pounds  thereof  to  the  chief  officer  or  surgeon  to 
whom  the  command  and  oversight  of  such  sick  and  infirm  are 
committed,  taking  his  receipt  therefor;  which  officer  or  sur- 
[411]  gcon  is  hereby  ||directed  to  use  and  im))rove  the  same, 
or  so  much  thereof  as  may  be  needed,  in  making  suitable  pro- 
vision for  such  sick  and  infirm  soldiers,  and  shall  provide 
such  water  and  land  carriages  as  are  before  mentioned  in  this 
act,  for  the  reception  and  transportation  of  such  sick,  infirm 
or  lame  soldiers,  and  shall  keep  an  account  of  all  such  sums 
of  money  as  he  shall  expend  for  the  use  and  benefit  of  such 
sick  and  infirm  soldiers,  which  accounts  such  officer  or  sur- 
geon shall  lay  ])efore  tlic  Committee  of  the  Pay-Table  and 
account  for  such   {)art  of  said  hundred  pounds  as  remains  in 


1761.] 


OF    CONNECTICUT, 


573 


,   (if  any   be,)  nut  laid  out  and  expended  for  sucli 
infirm  soldiers.     And  the  said  Mr.  Williams  shall, 


ills  hands 

sick  and 

after  his  delivering  the  aforesaid  sum  of  one  hundred  pounds, 

proceed   to  the  camp   and  there  deliver   the   remaining  five 

linndred  pounds   to  the  colonels  of  tlie   regiments,  to  be  by 

them  paid  out  as  is  before  in  this  act  ordered  and  directed. 

The  Sums  Total  of  the  Lists  of  Estate  of  the  sevei-al  Towns  in  this  Colony 
hereafter  named  sent  in  to  this  Assembly  are  as  follow,  viz  : 


Hartford, 

£30826 

11 

6 

('auter))ury. 

£17447     9 

2 

New  Haven, 

54103 

14 

3 

Killingly, 

24293     0 

0 

New  London, 

32149 

10 

9 

Glassenbury, 

14001  19 

1 

Fairfield, 

56681 

18 

4 

Grotun, 

23713  15 

6 

Windham, 

28044 

16 

9 

Weatherslield,  27812     2 

3 

Litchfield, 

17835 

6 

0 

Harwington, 

5359     2 

0 

Norwich, 

56617 

8 

0 

Coventry, 

18527  10 

6 

ytamfoi'd. 

28()91 

11 

Waterbury, 

25208  18 

0 

Canaan, 

11535 

6 

Bolton, 

9471     4 

0 

Norwalk, 

35888 

0 

7 

Sharon, 

12178  18 

6 

Milford, 

26S13 

0 

10 

Salisbury, 

12021     1 

6 

Fannin  gton, 

47591 

15 

10 

Kent, 

10500     0 

0 

Windsor, 

42832 

0 

0 

Preston, 

21021     8 

0 

Lyme, 

24720 

12 

8 

New  Milford, 

17930  19 

Stafford, 

7015 

8 

3 

Lebanon, 

38062  10 

0 

New  Hartford 

,    5812 

5 

0 

Guilford, 

32877  12 

2  1 

Woodstock, 

18700 

0 

0 

Branford, 

21651     2 

7 

Pomfret, 

23342 

5 

6 

Stratford, 

44000     0 

0 

Derby, 

14516 

19 

4 

Durham, 

10279     1 

7  1 

Cornwal, 

5862 

2 

4 

Middleton, 

50576  16 

0 

Symsbury, 

22624 

19 

0 

Colclicstcr, 

26873     1 

0 

Tolland, 

10803 

6 

0 

Wallingford, 

45814  11 

0 

Stoningtoii, 

36720 

8 

1 

Woodbury, 

40463  19 

3 

S(miers, 

7540 

8 

0 

Newtown, 

17343  19 

0 

riainfield. 

10003 

15 

0 

Mansfield, 

16545     5 

6 

Asliford, 

12524 

0 

0 

Voluntown, 

10378     2 

0 

Goshen, 

8166 

6 

0 

Say brook. 

22055     6 

0 

Ridgfield, 

13200 

0 

0 

East  Haddam 

,   22425  17 

9 

Killingworth, 

16729 

17 

4 

Greenwich, 

19967     5 

1 

J I  ad  dam, 

13261 

7 

0 

Hebron, 

18893  16 

0 

D anbury, 

21142 

10 

2 

Torrington, 
west  side, 

4272     3 

0 

Enfield, 

10244 

1 

0 

Suffield, 

16920     0 

0 

This  Assembly  desire 

his 

Honour  the  Governor,  an( 

1  ap- 

point  Ebcnezer  Silliman,  Andi 

•ew  Burr,  Davii 

d  Rowland,  Esq''s 

and  Mr,  Thomas  Fitch  jun''. 

to  be  a  committee  to  assist  him. 

to  review,  correct  and  compleat  the  Answers  to  the  Queries 

sent  the  Governor  and   Coni 

ipany   of  this 

Colony   from  the 

Right   Hon'>ie 

the    Lords 

i    Commissioners 

for    Trade 

and 

574  PUBLIC    RECORDS  [Oct. 

Plantations  in  Great  Britain,*  and  when  finished  his  Honour 
is  desired  to  transmit  the  same  as  soon  as  conveniently  may 
be  to  their  Lordships. 

[412]  This  Assembly  do  appoint  and  impower  Richard 
Jackson,  Esqr,  of  Inner  Temple,  London,  Attorney  for  the 
Governor  and  Company  of  this  Colony,  to  receive  all  such 
money  as  is  granted  by  Parliament  and  is  or  may  be  dis- 
tributed and  ordered  to  be  paid  this  Colony  on  account  of  the 
services  done  in  obedience  to  his  Majesty's  command  in  the 
year  17G0,  and  accordingly  give  his  receipt  therefor.  And  it 
is  hereby  ordered,  that  a  proper  instrument  of  procuration  or 
letter  of  attorney  be  made  in  the  name  of  said  Governor  and 
Company,  under  the  public  seal  and  signed  by  the  Governor 
and  Secretary  of  this  C(dony,  fully  impowering  the  said  Rich- 
ard Jackson,  Esq' ,  for  the  purpose  aforesaid. 

Ordered^  El»enezer  Silliman,  Escy,  and  Col.  Samuel  Talcott 
congratulate  Jared  Ingersoll,  Esq"",  on  his  safe  arrival  from 
England,  and  return  him  the  thanks  of  this  Assembly  for  the 
good  services  he  hath  done  for  this  Colony  during  his  agency 
at  the  Court  of  Great  Britain. 

The  Gentlemen  nominated  by  the  Votes  of  the  Freemen  of  this  Colony 
(as  sent  in  to  this  Assembly)  to  stand  for  Election  in  May  next  are  as 

folloTV,  viz : 

The  Honbie  Thomas  Fitch,  Esq^ 
The  Honi^'e  William  Pitkin,  Esq;. 

Roger  Newton,  Esq"".  Matthew  Griswold,  Esq"". 

Ebenezer  Silliman,  Esq^  Slmbael  Conant,  Esq^ 

Jonathan  Trumble,  Esq^  Elisha  Sheldon,  Esq"". 

Hezekiah  Huntington,  Esq^      Phineas  Lyman,  Esq"". 

Andrew  Burr,  Esq'".  Col.  Eliphalet  Dyer. 

John  Chester,  Esq''.  Mr.  Roger  Sherman. 

Benjamin  Hall,  Esq^,  Col.  Rolwrt  Walker. 

Daniel  Edwards,  Esq^  Capt.  Jabez  Huntington. 

Jabez  Hamlin,  Esq"".  Mr.  David  Rowland. 

Resolved  hy  tliU  Assembly^  That  the  selectmen  of  each 
town  in  this  Colony  be  and  are  hereby  directed  to  collect  the 
number  of  the  inhabitants  in  each  town,  whites  and  blacks, 
and  send  the  same  to  his  Hon""  the  Governor  at  or  before  the 
first  day  of  January  next ;  f  and  the  Representatives  of  each 
town  are  desired  to  advise  the  selectmen  of  their  duty  herein ; 
and  where  there  is  any  town  that  does  not  send  any  Repre- 

*  These  answers  may  be  found  in  the  Appendix.     The  Assembly  had  before 
appointed  a  committee  of  nine  on  the  affair.      War,  x.  400. 

tNo  returns  of  this  census  are  to  be  found  in  our  arcliives,  and  the  following 
details  are  all  that  I  have  obtained  from  other  sources  : 

From  a  memorandum  in  an  account  book  of  Capt.  ,fohn  Lawrence, 

"  IIaktfoijd,  December  18th,  1761. 

An  e.xact  account  taken  of  the  Number  of  8ouls  in  the  Town  of  Hartford  by 


1761.]  OF    CONNECTICUT.  575 

sentatives,  or  where  any  Representatives  are  absent,  the 
Representatives  of  the  next  adjoyning  town  are  desired  to  ad- 
vise the  selectmen  of  snch  towns  hereof;  that  the  colonels  of 
each  regiment  in  this  Colony  are  hereby  directed  to  collect 
the  number  of  the  soldiers  in  each  trainband  within  their 
regiments  and  send  a  mnster-roU  thereof  to  his  Hon""  the 
Governor  at  or  before  the  first  day  of  January  next ;  and  that 
tlie  collectors  and  naval  officers  in  this  Colony  are  hereby  de- 
sired to  send  to  his  Hon''  the  Governor  by  the  first  day  of 
January  next  the  number  of  shipping  and  sea-men  within 
each  of  tlieir  districts  in  this  Colony. 

Resolved  hy  this  Assemhly^  That  Jonathan  Trumble,  Esq"", 
be  appointed  and  he  is  hereby  appointed,  to  enquire  into, 
manage  and  settle  the  affair  of  the  monies  borrowed  by  this 
government  of  tlie  Crown  in  tlie  year  1756,  and  afterwards 
supposed  to  be  repaid  to  Mr.  Apthorp  of  Boston,  agent  to 
Messrs.  Tomlinson  and  Hanbury,  contractors  with  the  Crown 
for  remitting  monies  to  tiie  army  in  America,  and  make  re- 
port to  this  Assembly  in  May  next. 

This  Assembly  appoints  Samuel  Chandler  of  Killingsley 
Surveyor  of  Lands  in  and  for  the  county  of  Windham. 

[413]  This  Assembly  do  establish  Mr.  Justus  Buck  to  be 
Captain  of  the  13th  company  or  trainliand  in  the  7th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Amos  Tirrel  to  be  Ensign 
of  the  2d  military  company  of  the  town  of  New  Town  in  the 
4th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Amos  Terrill  to  be  Ensign 
of  the  2d  military  company  of  the  town  of  New  Town  in  the 
4th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Caleb  Jewit  to  be  Captain 
of  the  east  military  com]>any  or  trainband  in  the  town  of 
Sharon. 


J.  L.  and  the  rest  of  the  Selectmen,  agreeable  to  an  act  of  the  General  As- 
sembly, viz :  White.  Black. 
North  side  of  the  Little  River,                                      868  68 
South  side                     Do.                                                  720  41 
East  side  of  the  Great  River,                                          1565  23 
West  part  of  the  town,                                                       633  20 


Total,  3786  152 

156  Families  on  the  north  side. 

Te.«t.  John  Laavrence." 
A  letter  of  Rev.  Ebenezer  Dibblee,  dated  March  25,  1 762,  gives  the  population 
of  Greenwich  as  2021  whites  and  52  blacks,  and  that  of  Stamford  as  2746  whites 
and  86  blacks. 

The  Rev.  Jonathan  Marsh,  the  first  minister  in  New  Hartford,  states  that  there 
were  in  that  town  in  1761,  about  110  families  and  674  souls. 

The  population  of  tlic  whole  Colony  was,  whiles  141,000,  blacks  4,590. 


576  PUBLIC    RECORDS  [Oct. 

This  Assembly  do  establish  Mr.  Thomas  Pardee  to  be 
Lieutenant  of  the  east  military  company  or  trainband  in  the 
town  of  Sharon. 

This  Assembly  do  establish  Mr.  Jehiel  Pardee  to  be  Ensign 
of  the  east  military  company  or  trainband  in  the  town  of 
Sharon. 

This  Assembly  do  establish  Mr.  John  Penoyer  to  be  Cap- 
tain of  the  first  company  or  trainband  in  the  town  of  Sharon. 

This  Assembly  do  establish  Mr.  Joseph  Averil  to  be  Cap- 
tain of  the  13th  company  or  trainband  in  the  11th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Nicholas  Parker  to  be 
Lieutenant  of  the  13th  company  or  trainband  in  the  11th 
regiment  in  this  Colony. 

This  Assembly  do  establish  Mr,  Solomon  Cowls  to  be 
Captain  of  the  first  company  or  trainband  in  the  town  of 
Farmington  in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Elijah  Porter  to  be  Ensign 
of  the  first  company  or  trainband  in  the  town  of  Farmington 
in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Daniel  Brainard  to  be  Cap- 
tain of  the  1st  troop  of  horse  in  the  12th  regiment  in  this 
Colony, 

This  Assembly  do  establish  Mr.  William  Clark  to  be  Lieu- 
tenant of  the  1st  troop  of  horse  in  the  12lh  regiment  in  this 
Colony, 

This  Assembly  do  estaV)lisli  Mr.  Israel  Wyat  Wells  Quarter- 
Master  of  the  1st  troop  of  horse  in  the  I2th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Jonathan  Gillet  to  be  Cap- 
tain of  the  company  or  trainband  in  Wintonbury  in  the  first 
regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Reuben  Loomis  to  be  Lieu- 
tenant of  the  company  or  trainband  in  Wintonbury  in  the 
first  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Pelatiah  Mills  jun""  to  be 
Ensign  of  the  company  or  trainband  in  Wintonbury  in  Ibe 
first  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Matthew  Loomis  to  ))e 
Captain  of  the  1st  company  or  trainband  in  tlie  town  of  Bolton 
in  the  first  regiment  in  this  Colony, 

This  Assembly  do  establish  Mr.  Thomas  Pitkin  jun'^  to  be 
Lieutenant  of  the  1st  company  or  trainband  in  the  town  of 
Bolton  in  tbe  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  John  Gilbert  to  be  Ensign 


1761.]  OF    CONNECTICUT.  577 

of  the    1st  company  or  trainljaud  in  the  town  of  Bolton  in 
the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Joseph  Perry  to  be  Lien- 
tenant  of  the  troop  of  horse  in  the  13th  regiment  in  this 
Colony. 

This  Assembly  do  establisli  Mr.  Silas  Hickcox  to  be  Cornet 
of  the  troop  of  horse  in  the  13th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Thomas  Warner  to  be 
Quarter-Master  of  the  troop  of  horse  in  the  13th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  John  Hughs  to  be  Ensign 
of  the  1st  company  or  trainband  in  the  town  of  Norwich. 

This  Assembly  do  establish  Mr.  Elisha  Lotln-op  to  be  Lieu- 
tenant of  the  4th  company  or  trainband  in  the  town  of 
Norwich. 

This  Assembly  do  establisli  Mr.  Jeremiah  Kinsman  to  be 
Ensign  of  the  4th  company  or  trainband  in  the  town  of  Nor- 
wich. 

This  Assembly  do  establish  Mr.  Charles  Burrill  to  be  Cap- 
tain of  the  south  company  or  trainband  in  tlie  town  of  Canaan. 

This  Assembly  do  establish  Mr.  Daniel  Horsford  juni"  to  be 
Lieutenant  of  the  south  company  or  trainband  in  the  town  of 
Canaan. 

This  Assembly  do  establish  Mr.  Asa  Douglas  to  be  En- 
sign of  the  south  company  or  trainband  in  the  town  of 
Canaan. 

[414]  This  Assembly  do  establish  Mr.  John  Pierson  to  be 
Captain  of  the  10th  compahy  or  trainband  in  the  7th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Nathan  Griswold  to  be 
Lieutenant  of  the  10th  company  or  trainband  in  the  7th 
regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Samuel  Pierson  to  be  En- 
sign of  the  10th  company  or  trainband  in  the  7th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Josiah  Harrison  jun''  to  be 
Ensign  of  the  11th  company  or  trainband  in  the  2d  regiment 
in  this  Colony. 

This  Assemljly  do  establish  Mr.  Josiah  Cowls  to  be  Captain 
of  the  2d  company  or  trainband  in  the  parish  of  Southington. 

This  Assembly  do  establish  Mr.  Aaron  Webster  to  be  Lieu- 
tenant of  the  2d  company  or  trainband  in  the  parish  of  South- 
ington. 

This  Assembly  do  establish  Mr.  Josiah  Newell  to  be  Ensign 
of  the  2d  company  or  trainband  in  the  parish  of  Soutliington. 
73 


578  PUBLIC    RECORDS  [Oct. 

This  Assembly  do  establish  Mr.  Caleb  Humistoii  to  be  En- 
sign of  the  company  or  trainband  in  Northbury  in  the  town  of 
Waterbury. 

This  Assembly  do  establish  Mr.  Ebenezer  Hinman  to  be 
Lieutenant  of  the  south  company  or  trainband  in  the  town  of 
Woodbury  in  the  13th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Joseph  Eichards  to  be  En- 
sign of  the  south  company  or  trainband  in  the  town  of  Wood- 
bury in  the  13th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Daniel  Maltbie  to  be  Cap- 
tain of  the  14th  company  in  the  2d  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Benjamin  Maltbie  to  be 
Lieutenant  of  the  14th  company  in  the  2d  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Michael  Tainter  to  be  En- 
sign of  the  14th  company  in  the  2d  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr,  Caleb  Phelps  to  be  Captain 
of  the  1st  company  or  trainband  in  the  town  of  Windsor  in 
the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Henry  Allyn  to  be  Lieuten- 
ant of  the  1st  company  or  trainband  in  the  town  of  Windsor 
in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Abner  Mallary  to  be  En- 
sign of  the  1st  company  or  trainband  in  the  town  of  Wood- 
bury. 

This  Assembly  do  establish  Mr.  Benjamin  Griswold  to  be 
Captain  of  the  5th  company  or  trainband  in  the  town  of  Wind- 
sor in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Ebenezer  Bement  to  be 
Lieutenant  of  the  2d  company  or  trainband  in  the  town  of 
Kent. 

This  Assembly  do  establish  Mr.  Nehemiah  Gaylord  to  be 
Ensign  of  the  2d  company  or  trainband  in  the  town  of  Tor- 
rington  in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Isaac  Shepard  to  be  Cap- 
tain of  the  8tli  company  or  trainband  in  the  11th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  John  Stevens  to  be  Lieuten- 
ant of  the  8th  company  or  trainband  in  the  11th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Philip  Spaulding  to  be  En- 
sign of  the  8th  company  or  trainband  in  the  11th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Isaac  Lawrence  to  be  Cap- 
tain of  the  1st  company  or  trainband  in  the  town  of  Canaan. 

This  Assembly  do  establish  Mr.  Benjamin  Stevens  to  be 


1761.]  OP    CONNECTICUT.  579 

Lieutenant  in  the  1st  company  or  trainband  in  the  town  of 
Canaan. 

This  Assembly  do  establish  Mr.  John  Franklin  to  l)e  En- 
sign of  the  1st  company  or  trainband  in  the  town  of  Canaan. 

This  Assembly  do  establish  Mr.  Erastus  Wolcott  to  be  Cap- 
tain of  the  3d  company  or  trainband  in  the  town  of  Windsor 
in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establisli  Mr.  Samuel  Goff  Moor  to  be 
Lieutenant  of  the  3d  company  or  trainband  in  the  town  of 
Windsor  in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Samuel  Smith  to  be  En- 
sign of  the  3d  company  or  trainband  in  the  town  of  Windsor 
in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Samuel  Bishop  to  be  Cap- 
tain of  the  company  or  trainband  in  the  parish  of  Han- 
nover. 

This  Assembly  do  establish  Mr.  Matthew  Perkins  to  lie 
Lieutenant  of  the  company  or  trainband  in  the  parish  of 
Hannover. 

This  Assembly  do  establish  Mr.  Isaiah  Williams  to  be  En- 
sign of  the  company  or  trainband  in  the  parish  of  Hannover. 

[415]  This  Assembly  do  establish  Mr.  Joseph  Painter  to 
be  Lieutenant  of  the  8th  company  or  trainband  in  the  2d 
regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Caleb  Baldwin  the  3d  to 
be  Lieutenant  of  the  1st  company  or  trainband  in  the  town  of 
Newton  in  the  4th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Nathan  Hickcox  to  be 
Captain  of  the  5th  company  or  trainband  in  the  town  of 
Woodbury. 

This  Assembly  do  establish  Mr.  Stephen  Lane  to  be  Cap- 
tain of  the  4th  company  or  trainband  in  the  7th  regiment  in 
this  Colonv. 

This  Assembly  do  establish  Mr.  John  Crane  to  be  Lieu- 
tenant of  the  4tli  company  or  trainband  in  the  7tli  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Abraham  Hurd  to  be  En- 
sign of  the  4th  company  or  trainband  in  the  7th  regiment  in 
this  Colony. 

This  Asseml)ly  do  establish  Mr.  David  Sage  to  be  Cap- 
t^ain  of  the  8th  company  or  trainband  in  the  6th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Samuel  Hall  to  be  Lieu- 
tenant of  the  8th  company  or  trainband  in  the  6th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  George  Ranney  to  be  En- 


580  PUBLIC    RECORDS  [Oct. 

sign  of  the  8th  company  or  trainband  in  the  6th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  John  Elsworth  jmi""  to  be 
Captain  of  the  6th  company  or  trainband  in  the  town  of 
Windsor  in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Jonathan  Bartlet  to  be 
Lieutenant  of  the  6th  comi)any  or  trainband  in  the  town  of 
Windsor  in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Ephraim  Bancraft  junf 
to  bo  Ensign  of  the  6th  company  or  trainband  in  the  town  of 
Windsor  in  the  1st  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Andrew  Ward  jun""  to  be 
Captain  of  the  2d  company  or  trainband  in  the  7th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Joseph  Jennings  to  be 
Captain  of  the  troop  of  horse  in  the  5th  regiment  in  this 
Colony. 

Tliis  Assembly  do  establish  Mr.  Hezekiah  Huntington  to  be 
Lieutenant  of  the  troop  of  horse  in  the  5th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  Joseph  Bingham  jun""  to 
be  Cornet  of  the  troop  of  horse  in  the  5th  regiment  in  this 
Colony. 

This  Asseml)ly  do  establish  Mr.  Simeon  Scripture  to  be 
Quarter-Master  of  the  troop  of  horse  in  the  5th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Ezra  Hickox  to  be  Lieu- 
tenant of  the  troop  of  horse  in  the  9th  regiment  in  this 
Colony. 

This  Assembly  do  establish  Mr.  John  Weed  to  be  Cornet 
of  the  troop  of  horse  in  the  9th  regiment  in  this  Colony. 

This  Assembly  do  establish  Mr.  Thomas  Hanford  to  be 
Quarter-Master  of  the  troop  of  horse  in  the  9th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Joseph  Bacon  jun""  to  be 
Cornet  of  the  troop  of  horse  .in  the  6tli  regiment  in  this 
Colony. 

This  Assembly  do  estal)lish  Mr.  Joshua  Blatchly  to  be 
Lieutenant  of  the  14th  company  or  trainband  in  tlie  7th  regi- 
ment in  this  Colony. 

This  Assembly  do  establish  Mr.  Nathaniel  Stevens  to  be 
Ensign  of  the  14tli  company  or  trainband  in  the  7th  regiment 
in  this  Colony. 

This  Assembly  do  establish  Mr.  Edward  Convers  to  be 
Captain  of  the  7th  company  or  trainband  in  the  11th  regi- 
ment in  this  Colony. 


1761.]  OF     CONNECTICUT.  581 

Tliis  Assembly  do  establish  Mr.  John  Alton  to  be  Lienten- 
ant  of  the  7th  company  or  trainljand  in  the  11th  regiment  in 
this  Colony. 

This  Assembly  do  estal)lish  Mr.  Joseph  Elliot  to  be  En- 
sign of  the  7th  company  or  trainband  in  the  11th  regiment  in 
this  Colony. 

This  Assembly  do  establish  Mr.  Joseph  Wilford  to  be  En- 
sign of  the  3d  company  or  trainband  in  the  2d  regiment  in 
this  Colony. 

Ordered,  That  the  Treasurer  of  this  Colony  pay  out  of  the 
public  treasury  unto  John  Catlin  the  sum  of  three  pounds, 
to  Moses  Lyman  the  sum  of  five  pounds  ten  shillings,  and  to 
Ebenezcr  Hill  the  sum  of  five  pounds  ten  shillings,  in  full  for 
their  service  in  viewing  and  marking  out  a  road  from  Derby 
to  Canaan,  pursuant  to  the  direction  of  this  Assembly  at  their 
sessions  in  May  last. 

[416J  On  the  memorial  of  Silas  Dunham  of  Middleton  in 
said  Colony,  administrator  on  the  estate  of  Henry  Waters  late 
of  said  Middleton,  deceased,  shewing  to  this  Assembly  that  the 
debts  and  charges  due  from  said  estate  surmount  the  move- 
able part  of  said  estate  the  sum  of  <£46  6s.  Od.  lawful  money  ; 
thereupon  praying  for  liberty  to  sell  lands  &c. :  Resolved  by 
this  Assembly,  that  liberty  be  granted  to  the  memorialist  and 
he  is  hereby  impowered,  to  sell  so  much  of  the  real  estate  of 
said  deceased  as  will  procure  the  aforesaid  sum  of  .£46  6s.  Od. 
together  witli  the  incident  charges  arising  on  such  sale ; 
taking  the  direction  of  the  court  of  probate  in  the  district  of 
Middleton  therein. 

On  the  memorial  of  Nathaniel  Bacon  2d,  of  Middleton  in 
the  Colony  of  Connecticut,  and  Mary  his  wife,  executors  to 
the  last  will  and  testament  of  Mr.  John  Bartlet  late  of  said 
Middleton,  deceased,  shewing  to  this  Assembly  that  in  Octo- 
ber last  they  had  liberty  to  sell  some  part  of  the  real  estate 
of  said  deceased  to  pay  the  debts  of  said  estate,  since  which 
there  has  more  debts  appeared  to  be  duo  from  said  estate,  to 
the  sum  of  £4  6s.  8c?.,  thereupon  praying  for  further  liberty 
to  sell  so  much  more  of  the  real  estate  of  said  deceased  as 
will  procure  said  sum  with  the  incident  charges :  Resolved 
by  this  Assembly,  that  liberty  be  granted  to  the  memorialists 
and  they  are  hereby  impowered,  to  sell  so  much  more  of  the 
real  estate  of  said  deceased  as  will  procure  the  aforesaid 
sum  of  £4  6s.  8(i.  with  the  incident  charges  arising  on  such 
sale ;  taking  the  direction  of  the  court  of  probate  for  the  dis- 
trict of  Middleton  therein. 

Upon  the  memorial  of  James  Edmonds,  Matthew  Hubbel 


582  PUBLIC    RECORDS  [Oct. 

c^c,  inhabitants  of  the  parish  of  Soiithbury  in  the  town  of 
Woodbury  in  Litchfield  county,  living  on  the  tract  of  land 
hereafter  described,  viz :  that  tract  of  land  called  the  South 
Purchase,  so  far  as  it  lyeth  within  the  limits  of  the  parish 
aforesaid,  with  the  addition  on  the  east  side  of  said  purchase 
of  all  the  land  comprehended  on  the  north  hj  the  highway 
leading  from  said  purchase  to  town,  a  little  north  of  Stephen 
Brownson's  present  dwelling  house,  to  the  road  leading  from 
the  Pierces  to  town,  and  from  thence  eastward  to  the  north- 
east corner  of  the  farm  called  originally  Pierces  farm,  then 
southwardly  in  the  east  line  of  said  farm  to  the  southeast 
corner  of  the  same,  then  westwardly  until  it  comes  to  the 
east  line  of  said  purchase,  a  little  north  of  Samuel  Wheeler's 
present  dwelling  house,  representing  to  this  Assembly  that 
they  live  at  a  considerable  distance  from  the  place  of  public 
worship  in  said  society  and  have  very  bad  and  rough  roads  to 
pass  in  thereto,  so  that  they  are  unable  to  attend  the  same  for 
a  great  part  of  the  year  &c.;  praying  for  liberty  to  uphold  the 
worship  of  God  among  themselves  for  the  space  of  four  months 
in  the  year  &c.,  as  per  memorial  on  file  <fec.:  Resolved  by  this 
Assembly,  that  the  memorialists  and  all  others  dwelling  with- 
in the  limits  aforesaid  shall  have  liberty  to  have  the  gospel 
preached  to  them  liy  such  orthodox  minister  as  they  shall 
procure  for  the  space  of  four  months  in  the  winter  season  for  the 
term  of  four  years  now  next  ensuing,  and  that  they  shall  be 
and  are  hereby  exempted  from  all  parish  charges  for  the  sup- 
port of  the  ministry  during  the  term  aforesaid  in  said  parish 
in.  proportion  to  the  time  allowed  them  to  have  preaching 
among  themselves  as  aforesaid  ;  and  that  the  memorialists  &c. 
have  liberty,  and  liberty  and  power  is  hereby  granted  to  them, 
of  taxing  themselves  and  choosing  all  necessary  officers  for 
the  purposes  aforesaid  as  the  ecclesiastical  societies  by  law  in 
this  Colony  established  already  have. 

On  the  memorial  of  Jeremiah  Osborn  of  New  Haven,  shew- 
ing that  he  had  built  a  house  on  the  post  road  on  the  west 
side  of  New  Haven  east  river  commodiously  situate  for  a 
ferry  over  said  river,  and  praying  for  liberty  to  keep  a  ferry 
on  the  west  side  thereof,  as  per  his  memorial  on  file  appears : 
Eesolved  by  this  Assembly,  that  liberty  be  and  the  same  is 
hereby  granted  unto  the  said  Jeremiah  Osborn  to  keep  a 
ferry  at  the  post  road  over  said  New  Haven  east  river,  and 
[417]  that  the  same  shall  be  and  is  hereby  subjected  to  ||  the 
laws  respecting  ferries  and  ferry-men,  and  that  the  fare  there- 
of be  as  follows,  w/^;  for  each  person,  horse  and  load,  M.;  one 
person,  2d.;  for  every  horse  or  neat  cattle,  2d.;  for  sheep  or 


I 


17G1.]  OP    CONNECTICUT.  583 

swine,  one  penny  per  head;  any  law,  usage  or  custom  to  the 
contrary  notwithstanding. 

On  the  memorial  of  Martha  Johnson  of  Middleton,  adminis- 
tratrix of  the  estate  of  Samuel  Johnson  juni",  late  of  Middle- 
ton  in  said  Colony,  deceased,  shewing  to  this  Assembly  that 
the  debts  and  charges  due  from  said  estate  surmount  the 
moveable  part  thereof  the  sum  of  ^£62  l.s'.  4:d.  lawful  money; 
thereupon  praying  for  liberty  to  sell  land  &c.:  Resolved  by 
this  Assembly,  that  the  memorialist  have  liberty  and  she  is 
hereby  impowered,  to  make  sale  of  so  much  of  the  real  estate 
of  said  deceased  as  will  procure  the  aforesaid  sum  of  £62  Is. 
•id.  lawful  money,  together  with  the  incident  charges  arising 
on  such  sale ;  taking  the  direction  of  the  court  of  probate  for 
the  district  of  Middleton  therein. 

On  the  memorial  of  William  Harris  and  Isaac  Woodward, 
both  of  Middleton  in  said  Colony,  administrators  on  the  es- 
tate of  Joseph  Harris  late  of  said  Middleton,  deceased,  shew- 
ing to  this  Assembly  that  the  debts  and  charges  due  from 
said  estate  surmount  the  moveable  part  thereof  the  sum  of 
£36  6s.  9|(i.  lawful  money;  thereupon  praying  for  liberty  t 
sell  real  estate  : .  Resolved  by  this  Assembly,  that  liberty  be 
granted  to  the  memorialists  and  they  are  hereby  impowered, 
to  sell  so  much  of  the  real  estate  of  said  deceased  as  will  pro- 
cure the  aforesaid  sum  of  .£36  6s.  9fc?.  together  with  the  in- 
cident charges  arising  on  such  sale ;  taking  the  direction  of 
the  court  of  probate  for  the  district  of  Middleton  therein 

Upon  the  memorial  of  Mercy  Clark  and  Samuel  Clark,  ad- 
ministrators on  the  estate  of  Zadok  Clark  late  of  Woodbury, 
deceased,  shewing  to  this  Assembly  that  the  debts,  charges 
and  allowances  against  said  estate  surmount  the  moveable 
part  of  said  estate  the  sum  of  .£69  13s.  4^d.  lawful  money, 
and  praying  for  liberty  to  sell  so  much  of  the  real  estate  of 
the  said  deceased  as  to  make  said  sum  &c.:  Resolved  by  this 
Assembly,  that  the  memorialists  have  liberty  and  liberty  is 
hereby  granted  unto  them,  to  make  sale  of  so  much  of  the 
real  estate  of  the  said  Zadok  Clark,  deceased,  as  to  make  said 
sum  of  £69  13s.  4|-c?.  lawful  money,  with  the  incident 
charges  arising  thereon ;  taking  the  direction  of  the  court  of 
probate  in  the  district  of  Woodbury  therein. 

Upon  the  memorial  of  Abigail  Harris,  administratrix  on 
the  estate  of  Nathaniel  Harris  late  of  Lebanon,  deceased, 
shewing  to  this  Assembly  that  the  debts  due  from  surmount 
the  inventoried  moveable  estate  of  said  deceased  Nathaniel 
the  sum  of  fifty-one  pounds  in  lawful  money,  and  praying  to 
be  impowered  to  make  sale  of  real  estate  sufficient  to  enable 


584  PUBLIC    RECORDS  [Oct. 

her  to  pay  said  sum  and  necessary  costs  arising  thereon,  as 
per  memorial  on  file :  Resolved  by  this  Assembly,  that  the 
memorialist  be  and  she  is  hereby  impowered,  to  make  sale  of 
so  much  of  the  real  estate  of  said  deceased  as  shall  be  sufficient 
to  pay  said  sum  of  fifty-one  pounds  in  lawful  money  with  the 
necessary  costs  arising  thereon ;  taking  the  direction  of  the 
court  of  probate  for  the  district  of  Windham  therein. 

Upon  the  memorial  of  Nathan  Tracy  of  Preston,  shewing 
to  this  Assembly  that  he  lost  his  i)Ocket-book  in  the  barn 
sometime  in  the  month  of  January  1760,  in  which  book  he  had 
one  twenty-shilling  bill  and  one  ten-shilling  bill  of  the  late 
emissions  of  this  Colony,  and  that  said  book  &c.  being  so  lost 
was  not  found  until  the  5th  dav  of  October  instant,  and  that 
said  bills  were  so  consumed  and  defaced  that  they  are  of  no 
value  ;  praying  to  this  Assembly  to  have  paid  him  out  of  the 
treasury  of  this  Colony  the  sum  of  thirty  shillings  of  the  emis- 
sions of  this  Colony  of  March  date  1760:  Resolved  by  this 
Assembly,  that  the  said  memorialist  have  paid  to  him  out  of 
the  treasury  of  this  Colony  the  sum  of  thirty  shillings  of  the 
emission  of  March  date  1760,  and  the  Treasurer  is  hereby 
ordered  to  pay  the  same  accordingly. 

Upon  the  memorial  of  Solomon  Williams  and  Timothy 
Williams,  administrators  on  the  estate  of  Timothy  Williams 
late  of  Hartford  in  the  county  of  Hartford,  deceased,  shewing 
to  this  Assembly  that  the  debts  and  charges  due  from  the  es- 
tate of  said  deceased  surmount  the  moveable  estate  of  said 
deceased  the  sum  of  X51  15s.  lOc?.  lawful  money;  praying 
for  liberty  to  sell  so  much  of  the  real  estate  of  said  deceased 
as  will  raise  said  sum  of  ,£51 15s.  10(i.  lawful  money,  together 
with  the  necessary  charges  of  such  sale,  for  the  payment  of 
said  debts  and  charges,  and  that  Capt.  Samuel  Wells 
[418]  of  II  said  Hartford  be  appointed  to  make  such  sale,  as 
])er  memorial  on  file:  Resolved  by  this  Assembly,  that  said 
Capt.  Samuel  Wells  of  said  Hartfoid  be  allowed  and  liberty 
is  liereby  granted  unto  him,  to  make  sale  of  so  much  of  the 
real  estate  of  said  deceased  as  shall  be  sufficient  to  pay  said  sum 
of  X51  15s.  lOc?.  lawful  money  together  with  necessary  charges 
of  such  sale ;  taking  the  direction  of  the  court  of  probate  for 
the  district  of  Hartford  therein. 

Upon  the  memorial  [of]  Zebulon  Jones,  administrator  on 
the  estate  of  Benjamin  Jones  late  of  Somers,  deceased,  shew- 
ing to  this  Assembly  that  the  debts  and  charges  due  from  the 
estate  of  said  deceased,  as  allowed  by  the  court  of  probate  for 
the  district  of  Hartford,  surmount  the  personal  inventoried 
estate  of  said  deceased  the  sum  of  £75  16s.  \d.  2,  lawful 


1761.]  OP    CONNECTICUT.  585 

money ;  praying  for  liljerty  to  sell  so  much  of  the  real  estate 
of  said  deceased  as  will  be  sufficient  to  raise  the  aforesaid 
sum  of  £1'5  16s.  Id.  2,  lawful  money  with  the  incident  charges 
arising  thereon,  as  per  memorial  on  file:  Resolved  by  this 
Assembly,  that  the  said  administrator  have  liberty  and  he  is 
hereby  impowered,  to  sell  so  nmch  of  the  real  estate  of  said 
deceased,  for  the  payment  of  debts,  as  will  be  sufficient  to 
raise  the  sum  of  £15  16.s-.  Id.  2,  lawful  money,  with  the  inci- 
dent charges  arising  thereon;  taking  the  dii-ection  of  the 
court  of  probates  for  the  district  of  Hartford  therein. 

Upon  the  memorial  of  Ezekiel  Ladd,  administrator  on  the 
estate  of  Phineas  Nash  late  of  Windsor  in  Ellington  parish, 
deceased,  shewing  to  this  Assembly  that  the  debts,  charges 
and  allowances  due  from  the  estate  of  said  deceased,  as 
allowed  by  the  court  of  })robates  for  the  district  of  Stafford, 
surmount  the  personal  inventoried  estate  of  said  deceased  the 
sum  of  <£86  19s.  5d.  lawful  money;  praying  for  liberty  to 
sell  so  much  of  the  real  estate  of  said  deceased  as  will  be 
sufficient  to  raise  the  said  sum  of  £86  19s.  6d.  lawful  money 
with  the  incident  charges  arising  thereon,  as  per  memorial  on 
file  :  Resolved  by  this  Assembly,  that  the  said  administrator 
have  liberty  and  he  is  hereby  impowered,  to  sell  so  much  of 
the  real  estate  of  said  deceased  as  will  be  sufficient  to  raise 
the  said  sum  of  £86  19s.  5d.  lawful  money,  for  the  payment 
of  debts,  with  the  incident  charges  arising  thereon ;  taking  the 
direction  of  the  court  of  probates  for  the  district  of  Stafford 
therein. 

Upon  the  memorial  of  Abel  Beckwith  and  Lucy  Beckwith, 
late  Lucy  Dewolf,  both  of  Lyme  in  New  London  county, 
which  Lucy  is  administratrix  on  the  estate  of  Simon  Dewolf 
late  of  said  Lyme,  deceased,  representing  to  this  Assembly 
that  all  the  personal  estate  of  said  deceased  is  paid  out  to  the 
creditors  of  said  estate,  and  that  there  is  none  of  the  estate 
of  said  deceased  left  in  the  hands  of  said  administratrix 
except  £21  19s.  dd.  in  real  estate,  and  that  there  is  a  debt 
due  to  the  memorialists  of  £13  16s.  2d.  lawful  monev,  for  the 
cost  of  said  administratrix  in  administring  on  said  estate ; 
praying  this  Assembly  that  the  memorialists  may  have  liberty 
to  sell  and  dispose  of  so  much  of  said  real  estate  as  shall  be 
sufficient  to  raise  said  sum  of  X13  16s.  2d.  with  the  incident 
cliarges  of  sale  etc. :  Resolved  by  this  Assembly,  that  lib- 
erty be  granted,  and  lil;)erty  is  hereby  granted  to  the  memo- 
rialists, to  sell  and  dispose  of  so  much  of  said  real  estate  of 
said  deceased  in  the  hands  of  said  administratrix  as  shall  bo 
sufficient  to  raise  said  sum  of  £13  16s.  2d.  lawful  money, 

74 


586  PUBLIC    RECORDS  [Oct. 

together  with  the  incident  charges  of  sale  ;  taking  the  direc- 
tions of  the  court  of  probate  for  the  district  of  New  London 
therein. 

Upon  the  memorial  of  Zeruiah  Converse,  administratrix  on 
the  estate  of  Jonathan  Converse  late  of  Killingly,  deceast, 
shewing  to  this  Assembly  that  the  deV)ts  &c.  due  from  said 
estate  surmount  the  personal  estate  of  said  deceast  the  sum 
of  .£13  IBs.  Qd.  lawful  money  ;  praying  to  this  Assembly  for 
liberty  to  sell  so  much  of  the  real  estate  of  said  deceased  as 
to  pay  the  said  sum  of  £!?>  13s.  6d.:  Resolved  by  this  Assem- 
bly, that  the  said  administratrix  have  liberty,  and  liberty  is 
hereby  granted  her,  to  sell  so  much  of  the  real  estate  of  said 
deceast  as  to  pay  said  sum  of  £13  13.s.  6d.  wath  the  neces- 
sary charges  arising  thereon ;  taking  the  directions  of  the 
court  of  probate  for  the  district  of  Pomfret  therein. 

Upon  the  memorial  of  Nathan  Burr,  executor  of  tlie  last 
will  and  testament  of  Nathaniel  Burr  late  of  Fairfield,  de- 
ceased, shewing  to  this  Assembly  that  the  debts  due  from 
[419]  the  estate  of  said  deceased  surmount  his  ||  moveable 
estate  the  sum  of  £20  16s.  lid.  and  that  the  said  deceased 
in  his  said  will  made  no  other  provision  for  the  payment  of 
his  debts  than  what  his  moveable  estate  would  answer,  and 
praying  for  liberty  to  sell  so  much  of  the  real  estate  of  said 
deceased  as  will  raise  said  sum  &c. :  Resolved  by  this  As- 
sembly, that  the  said  Nathan  Burr  have  liberty  and  he  is 
hereby  impowered,  to  sell  so  much  of  the  real  estate  of  the 
said  Nathaniel  Burr  as  will  be  sufficient  to  pay  and  satisfy 
said  sum  of  £20  16s.  lid.  with  the  incident  charges  arising 
on  such  sale  ;  taking  directions  of  the  court  of  probate  in  the 
district  of  Fairfield  therein. 

Upon  the  memorial  of  David  Wakeman  and  Daniel  Wake- 
man,  administrators  on  the  estate  of  Stephen  Wakeman  late 
of  Fairfield,  deceased,  shewing  to  this  Assembly  that  the  debts 
due  from  the  estate  of  the  said  deceased  surmount  his  move- 
able estate  the  sum  of  £41  19s.  2d.,  and  praying  for  liberty 
to  sell  so  much  of  the  real  estate  of  the  said  deceased  as  will  be 
sufficient  to  raise  said  sum  &c.  :  Resolved  by  this  Assembly, 
that  the  said  administrators  have  lil)erty  and  they  are  hereby 
impowered,  to  sell  so  much  of  the  real  estate  of  the  said  de- 
ceased Stephen  Wakeman  as  will  be  sufficient  to  pay  and  sat- 
isfy said  sum  of  £41  19s.  2d.  with  the  incident  charges  arising 
on  such  sale ;  taking  directions  of  the  court  of  probate  in 
the  district  of  Fairfield  therein. 

Upon  the  memorial  of  John  Gilbert  <fec.,  inhabitants  of  the 
northerly  parts  of  the  parishes  of  Stratfield  and   Greenfield, 


1761.]  OF    CONNECTICUT.  687 

and  of  the  westerly  part  of  the  parish  of  North  Stratford,  in  the 
county  of  Fairfield,  praying  this  Assembly  that  they  may  be 
made  a  distinct  ecclesiastical  society,  and  that  their  limits 
may  be :  to  begin  at  the  northeasterly  corner  of  the  parish  of 
Norfield,  and  to  extend  from  thence  southeasterly  in  the 
easterly  line  of  Norfield  parish  down  to  the  southeasterly 
corner  of  said  parish,  and  to  continue  the  same  course  till 
it  comes  down  even  with  the  second  cross  highway,  so  called, 
and  from  thence  to  run  in  a  straight  course  to  said  second 
cross  highway,  and  then  to  run  in  said  highway  until  it  comes 
to  the  highway  that  passes  from  front  to  rear  of  the  long  lots  in 
Fairfield  between  Morehouse's  and  Turney's  long  lots,  so 
called,  and  thence  to  run  down  in  said  last-mentioned  high- 
way till  it  comes  to  the  first  cross  highway,  so  called,  and 
from  thence  to  extend  easterly  in  said  cross  highway  till  it 
comes  to  Fairfield  mill  river,  so  called,  and  thence  to  run 
with  said  river  until  it  comes  to  the  line  between  the  towns 
of  Fairfield  and  Stratford,  and  from  thence  to  run  on  a  course 
at  right  angles  250  rods  into  Stratford,  and  from  thence  to 
run  a  parallel  line  to  said  town's  line  northerly  until  it  comes 
to  the  easterly  bounds  of  the  parish  of  Stratfield,  and  then  to 
run  in  the  line  of  said  Stratfield  until  it  comes  to  the  south- 
easterly corner  of  the  parish  of  Reading,  and  from  thence  to 
run  in  the  southerly  line  of  said  Reading  parish  until  it  comes 
to  the  place  began  at ;  or  that  a  committee  may  be  appointed 
to  view  their  circumstances  and  situation,  and  make  report 
etc.:  Resolved  by  this  Assembly,  that  Samuel  Olmsted,  Esq"", 
of  Ridgfield,  Samuel  Fitch,  Esq'',  of  Norwalk,  and  John 
Fowler,  Esq"",  of  Milford,  be  and  they  are  hereby  appointed  a 
committee  to  view  the  circumstances  of  the  memorialists, 
their  situation  and  tlie  circumstances  of  the  adjoyning  socie- 
ties, and  to  hear  all  parties  concerned  therein,  and  their  report 
thereof  with  their  opinion  thereon  to  make  to  the  General 
Assembly  to  be  holden  at  Hartford  in  May  next.* 

Upon  the  memorial  of  Samuel  Morehouse  of  Fairfield, 
administrator  on  the  estate  of  Isaac  Frost  late  of  said  Fair- 
field, deceased,  sliewing  to  this  Assembly  that  the  debts  due 
from  the  estate  of  said  deceased  surmount  the  moveable  part 
of  said  estate  the  sum  of  <£51  2s.  SfcZ.  lawful  money,  and 
praying  for  liberty  to  sell  so  much  of  the  real  estate  of  said 
deceased  as  will  raise  said  sum  &c.:  Resolved  by  this  Assem- 
bly, that  the  said  Samuel  Morehouse  have  liberty  and  lie  is 
hereby  impowered,  to  sell  so  much  of  the  real  estate  of  the 
said  deceased  Isaac  Frost  as  will  be  sufficient  to  pay  and 

*A  society  was  constituted  October  1762,  by  the  name  of  North  Fairfield.  ^ 


588  PUBLIC    RECORDS  [Oct. 

satisfy  said  sum  of  X51  2s.  8|<^.  with  the  incident  charges 
arising  on  such  sale;  taking  directions  of  the  court  of  probate 
in  the  district  of  Fairfield  therein. 

Upon  the  memorial  of  Benjamin  Williams  of  Saybrook  in 
New  London  county,  administrator  on  the  estate  of  Capt. 
Samuel  Williams  late  of  said  Saybrook,  deceased,  shewing 
[420]  that  the  debts  due  from  said  estate  and  ||  charges  of 
administration,  together  with  some  small  allowance  of  neces- 
saries set  out  to  the  widow  of  said  deceased,  surmount  the 
personal  or  moveable  of  said  estate  of  said  deceased  the  sum 
of  <£165  15s.  lO^d.  lawful  money ;  praying  for  liberty  to 
make  sale  of  so  much  of  the  real  estate  of  said  deceased  as 
to  raise  said  sum  &c.,  as  per  memorial  on  file :  Resolved  by 
this  Assem'oly,  that  the  memorialist  have  liberty  and  he  is 
hereby  authorized  and  fully  impowered,  to  make  sale  of  so 
much  of  said  real  estate  as  to  raise  said  sum  with  incident 
charges  thereon;  taking  advice  of  the  court  of  probate  in  the 
district  of  Guilford  therein. 

On  the  memorial  of  Mehitabel  Clark,  of  Haddam  in  Hart- 
ford county,  administratrix  on  the  estate  of  Jacob  Clark  late 
of  said  Haddam,  deceased,  shewing  to  this  Assembly  that  in 
May  last  at  their  sessions  at  Hartford  the  memorialist  was 
impowered  to  sell  some  part  of  the  real  estate  of  the  said 
deceased  to  pay  the  debts  due  from  said  estate,  there  not  be- 
ing personal  estate  to  pay  the  same,  since  which  there  has 
more  debts  appeared  to  be  due  from  said  estate  to  tlie  sum 
of  twenty  pounds  lis.  6d.  allowed  and  approved  of  hy  the 
court  of  probate  for  the  district  of  Middleton ;  praying  for 
liberty  to  sell  so  much  more  of  the  real  estate  of  said  deceased 
as  to  make  said  sum  of  <£20  lis.  6d.  with  the  incident  charges 
&c.,  as  per  memorial  on  file:  Resolved  by  this  Assembly, 
that  liberty  be  granted  to  the  memorialist  and  she  is  hereby 
impowered,  to  sell  so  much  more  of  the  real  estate  of  said 
deceased  as  to  make  said  sum  of  <£20  lis.  Qd.  with  the  inci- 
dent charges  thereon  arising ;  taking  the  advice  of  the  court 
of  probate  for  the  district  of  Middleton  therein. 

Upon  the  memorial  of  Gurdon  Saltonstall,  JoRe])h  Coit  <fec., 
managers,  overseers  and  directors  for  Iniilding  a  light-house 
in  New  London,  shewing  to  this  Assembly  that  they  have 
built  and  compleated  the  same  in  tlie  best  manner,  and  be- 
side the  provision  made  by  this  Assembly  for  defraying 
tlie  chargetliereof  they  have  been  obliged  to  advance  out  of  their 
own  pockets  for  compleating  said  work  the  sum  of  £215  4s. 
lOi  d.  lawful  money ;  praying  tliis  Assemljly  that  said  memo- 
rialists may  have  granted  to  them  out  of  the  public  treasury  of 


1761.]  OP    CONNECTICUT.  589 

this  Colony  said  sum  of  =£215  4.s'.  lO^t^.  lawful  money:  Re- 
solved by  this  Assembly,  that  said  memorialists,  {_viz ;)  Gur- 
don  Saltonstall,  Joseph  Coit,  Nathaniel  Shaw,  Jeremiah 
Miller,  David  Gardiner,  Joseph  Chew,  Thomas  Mumford  jun"", 
Pygan  Adams  and  Matthew  Talcott,  shall  receive  out  of  the 
public  treasury  of  this  Colony  said  sum  of  X215  4s.  lOhd. 
lawful  money,  and  the  Treasurer  of  this  Colony  is  hereby 
ordered  to  pay  the  same  accordingly. 

Upon  the  memorial  of  John  Perry,  administrator  on  the 
estate  of  John  Perry  the  elder,  late  of  Ashford,  deceased, 
shewing  to  this  Assembly  that  the  debts  due  from  said  estate 
surmount  the  personal  inventoried  estate  of  said  deceased  the 
sum  of  £10  18s.  Od.  lawful  money  ;  praying  for  liberty  to  sell 
so  much  of  the  real  estate  of  said  deceased  as  shall  answer 
the  aforesaid  sum  of  X70  18s.  Od.  lawful  money  with  incident 
charges  of  sale,  as  per  memorial  on  file:  Resolved  l)y  this 
Assembly,  that  the  said  administrator  have  liberty  and  he  is 
hereby  impowered,  to  sell  so  much  of  the  real  estate  of  said 
deceased  as  will  raise  or  answer  the  said  sum  of  .£70  18s.  Od. 
lawful  money,  together  with  the  incident  charges  arising 
thereon ;  taking  the  direction  of  the  court  of  probate  for  the 
district  of  Pomfret  therein. 

On  the  memorial  of  Stephen  Cooper  and  Joseph  Cooper, 
both  of  New  Haven,  administrators  on  the  estate  of  Joseph 
Cooper  late  of  said  New  Haven,  deceased,  shewing  to  this  As- 
sembly that  the  debts  and  charge  allowed  by  the  court  of  pro- 
bate for  the  district  of  New  Haven  against  said  estate  sur- 
mount the  whole  moveable  estate  £58  lis.  Old.  money; 
praying  they  might  be  impowered  to  sell  so  much  of  the  real 
estate  of  the  said  Joseph  Cooper,  deceased,  as  shall  raise  said 
sum  with  the  incident  charges  arising  thereon  &c.,  as  by  said 
memorial  may  appear :  Resolved  by  this  Assembly,  that  the 
said  Stephen  Cooper  and  Joseph  Cooper  have  liberty,  and 
liberty  and  authority  is  hereby  granted  to  the  said  Stephen 
Cooper  and  Joseph  Cooper,  to  sell  so  much  of  the  real  estate 
of  the  said  deceased  as  will  raise  said  sura  of  <£58  lis.  Oid. 
with  the  incident  charges  arising  on  such  sale ;  taking  the 
directions  of  the  court  of  probate  for  the  district  of  New 
Haven  therein. 

Upon  the  memorial  of  Samuel  Williams  and  Susannah 
Bissel,  administrators  on  the  estate  of  Ephraim  Bissel  late  of 
Waterbury,  deceased,  shewing  to  this  Assembly  that  the 
debts,  charges  and  allowances  against  said  estate  surmount 
[421]  the  II  moveable  part  of  said  estate  the  sum  of  £21  3s. 
'2d.  2,  lawful  money,  and  praying  for  liberty  to  sell  so  much 


590  PUBLIC    RECORDS  [Oct. 

of  the  real  estate  of  the  said  deceased  as  to  make  said  sum 
&c.:  Resolved  by  this  Assembly,  that  the  memorialists  have 
liberty,  and  liberty  is  hereby  granted  unto  them,  to  make  sale 
of  so  nuich  of  the  real  estate  of  the  said  Ephraim  Bissel,  de- 
ceased, as  to  make  said  sum  of  £2,1  os.  2d.  2,  lawful  money, 
together  with  incident  charges  arising  thereon ;  taking  the 
direction  of  the  court  of  probate  in  the  district  of  Woodbury 
therein. 

Upon  the  memorial  of  Sarah  Nickerson,  executrix  to  the 
last  will  and  testament  of  William  Nickerson  late  of  Ridgfield, 
deceased,  shewing  to  this  Asseml)ly  that  the  real  estate  of 
said  deceased  amounts  to  the  sum  of  X115  lOs.  Od.  and  that 
his  moveable  estate  amounted  to  but  =£21  12s.  11^^.  and  that 
the  debts  due  from  said  estate  amount  to  the  sum  of  X109 
4s.  4:d.  which  surmounts  the  moveable  estate  of  said  deceased 
the  sum  of  X87  lis.  5c?.  and  that  the  said  Nickerson  by  his 
last  will  and  testament  hath  ordered  his  said  debts  should  be 
paid  out  of  his  estate  but  hath  made  no  provision  in  said  will 
for  the  sale  of  any  of  his  lands  &c.;  praying  this  Assembly  to 
impower  said  memorialist  with  Comfort  Starr,  Esq"",  of  Dan- 
bury,  to  make  sale  of  so  much  of  the  real  estate  of  the  said 
deceased  as  to  pay  the  aforesaid  debts  together  with  the  inci- 
dent charges  arising  thereon  &c.,  as  per  memorial  on  file : 
Resolved  l)y  this  Assembly,  that  the  memorialist  together  with 
the  said  Comfort  Starr,  Esq"",  have  liberty  and  they  are  hereby 
impowered,  to  sell  so  much  of  the  real  estate  of  the  said  de- 
ceased as  shall  amount  to  the  sum  of  =£87  lis.  od.  lawful 
money ;  taking  the  direction  of  the  court  of  probate  for  the 
district  of  D anbury. 

Upon  the  memorial  of  Thomas  Mumford  jun'",  of  New 
London,  praying  for  the  use  often  carriage-guns  belonging  to 
the  Colony,  to  be  used  on  board  a  privateer  by  him  now  fitting 
out  against  his  Majesties  enemies  &c.,  as  per  memorial  on  file 
(fee:  Resolved  by  this  Assembly,  that  the  said  Thomas  Mum- 
ford  shall  have  the  use  of  said  ten  carriage-guns  with  their 
necessary  apparatus,  which  were  lately  used  on  board  the 
country  vessel,  from  this  time  to  the  first  of  May  next ;  and 
those  persons  in  whose  hands  the  same  are  hereby  are  direct- 
ed to  deliver  the  same  to  him  on  his  giving  good  security  to 
the  acceptance  of  Gurdon  Saltonstall  and  Jeremiah  Miller, 
Esqfs,  to  return  the  same  in  as  good  condition  as  wlien  re- 
ceived, or  in  case  of  accident  otliers  of  as  good  quality  &c.  in 
the  judgment  of  said  Saltonstall  and  Miller. 

Upon  the  memorial  of  Bcnajah  Humphry,  of  Symsbury  in 
ilie  county  of  Hartford,  sliewing  to  this   Assembly  that  he  is 


1761.]  OF    CONNECTICUT.  591 

labouring  under  very  melancholy  and  chargeable  circumstances 
on  account  of  supporting  and  taking  care  of  his  unhappy,  un- 
fortunate and  distracted  son  Roger,  who  by  the  honourable 
superior  court  is  justly  sentenced  to  constant  confinement 
during  his  natural  life,  and  that  notwithstanding  the  bounty 
granted  by  this  Assembly  was  considerable,  yet  that  sum 
hath  been  wholly  expended  in  paying  the  charges  of  his  im- 
prisonment and  trial  at  said  superior  court,  and  erecting  a 
small  place  to  confine  him  at  home ;  and  that  since  he  hath 
been  confined  at  home,  he  hath  been  at  the  cost  of  finding 
him  the  necessaries  of  his  support,  which  is  one  year  and 
eleven  months ;  and  that  his  said  son  received  his  first  illness 
while  he  was  a  soldier  in  the  government's  service ;  as  per 
memorial  on  file :  Resolved  by  this  Assembly,  that  the  said 
Benajah  Humphry  shall  recfeive  out  of  the  treasury  of  this 
Colony  the  sum  of  twenty  pounds  lawful  money,  and  the 
Treasurer  is  hereby  ordered  to  pay  the  same  accordingly. 

Upon  the  memorial  of  Josiah  Curtis  and  Peter  Hepburn, 
ferrymen  attending  Stratford  Ferry,  representing  to  this  As- 
sembly the  great  dif^ficulty  they  are  in  transporting  carriages 
over  said  ferry  and  in  tackling  and  untackling  the  same  &c.; 
praying  that  the  fare  of  said  ferry  for  such  transportation 
may  be  advanced  <fec.,  as  per  memorial  on  file  &c.:  Resolved 
by  this  Assembly,  that  for  the  future  the  fare  of  said  ferry  for 
transporting  each  wheel-carriage,  the  persons  traveling  there- 
in and  horse  or  horses  thereunto  belonging,  over  said  ferry 
shall  be  eighteen  pence  lawful  money ;  and  the  ferrymen 
there  are  hereby  authorized  to  ask  and  receive  the  same. 

[422]  Upon  the  memorial  of  Daniel  Roe  and  Elizabeth 
Ives,  administrators  on  the  estate  of  Ephraim  Ives  late  of 
Farmington,  deceased,  shewing  to  this  Assembly  that  the 
debts  and  charges  due  from  the  estate  of  said  deceased  sur- 
mount the  personal  or  moveable  of  said  deceased  the  sum  of 
£23  9s.  \ld.  lawful  money;  praying  for  liberty  to  sell  so 
much  of  the  real  estate  of  said  deceased  as  will  be  sufficient 
to  raise  the  sum  of  X23  9.s-.  lid.  lawful  money,  for  the  pay- 
ment of  said  debts  with  incident  charges  arising  on  said  sale, 
as  per  memorial  on  file :  Resolved  by  this  Assembly,  that  the 
said  administrators  have  liberty  and  they  are  hereby  im- 
•  powered,  to  sell  so  much  of  the  real  estate  of  said  deceased  as 
will  raise  the  said  sum  of  .£23  9&-.  lid.  lawful  money,  for  the 
payment  of  said  debts,  with  the  incident  charges  arising  on 
said  sale ;  taking  the  direction  of  the  court  of  probate  for  tlic 
district  of  Hartford  therein. 

Upon  the  memorial  of  Abigail  Lord,  administratrix  on  the 


592  PUBLIC    RECORDS  [Oct. 

estate  of  William  Lord,  late  of  Fairfield  in  the  county  of 
Fairfield,  and  now  deceased,  shewing  to  this  Assembly  that  the 
debts  due  from  the  estate  of  said  deceased  surmount  his 
moveable  estate  the  sum  of  X34  14.S'.  9hd.,  and  praying  for 
liberty  to  sell  so  much  of  the  real  estate  of  said  deceased  as 
will  be  sufiicient  to  raise  said  sum  &c.:  Resolved  by  this  As- 
sembly, that  said  administratrix  have  liberty  and  she  is  here- 
by impowered,  to  sell  so  much  of  the  real  estate  of  said  de- 
ceased William  Lord  as  will  be  sufficient  to  pay  and  satisfy 
said  sum  of  £34  14s.  d^d.  with  the  incident  charges  arising 
on  such  sale;  taking  directions  of  the  court  of  probate  in 
the  district  of  Fairfield  therein. 

Upon  the  memorial  of  Pliineas  Peck,  administrator  of  the 
estate  of  Hannah  Thorp  late  of  Wallingford,  deceased,  shew- 
ing to  this  Assembly  that  the  debts  due  from  the  estate  of  the 
said  deceased  Hannah  Thorp  surmount  the  whole  inventoried 
moveable  estate  of  the  said  deceased  the  sum  of  £23  2s.  Id. 
lawful  money,  and  thereon  praying  this  Assembly  to  give  him 
liberty  to  sell  so  much  of  the  real  estate  of  the  said  deceased 
Hannah  Thorp  as  will  pay  and  satisfy  the  said  sum  of  £23  2s. 
Id.  together  with  the  incident  charges  arising  thereon,  and  to 
authorize  and  impower  him  therefor,  taking  the  directions  of 
the  court  of  probates  in  New  Haven  district  therein:  Re- 
solved by  this  Asseml)ly,  that  the  said  Phineas  Peck  have 
liberty  and  is  hereby  authorized  and  impowered,  to  sell  so 
much  of  the  real  estate  of  the  said  deceased  Hannah  Thorp 
as  will  pay  and  satisfy  the  said  sum  of  £23  2s.  Id.  together 
with  the  incident  charges  arising  on  such  sale ;  taking  the 
directions  of  the  court  of  probate  in  New  Haven  district 
therein. 

On  the  memorial  of  Constant  Kirtland,  of  Wallingford  in 
New  Haven  county,  conservator  of  the  person  and  estate  of 
Josiah  Brocket  of  Wallingford  aforesaid,  shewing  to  this  As- 
sembly that  before  the  county  court  held  at  New  Haven  the 
first  Tuesday  of  April  last  he  exhibited  his  account  of  his  con- 
servatorship to  said  court:  it  being  allowed  and  adjusted 
there  was  allowed  to  be  due  to  him  the  sum  of  twenty-six 
pounds  eight  shillings  and  three  farthings;  praying  to  this 
Assembly  that  the  selectmen  of  Wallingford,  or  some  other 
person,  may  be  impowered  to  sell  so  much  real  estate  of  said 
Brocket's  as  to  make  said  sum  with  eight  pounds  he  lias  ex- 
pended since  said  court  and  six  pounds  more:  said  last  men- 
tioned sums  to  be  further  accounted  for  with  said  county 
court,  being  £40  8s.  Old.  in  whole,  as  per  memorial  on  file :  Re- 
solved by  this  Assembly,  that  Mr.  Caleb  Johnson  of  Walling- 


1761.]  OF    CONNECTICUT.  593 

ford,  one  of  the  selectmen  of  said  town,  be  impowered  and  he 
is  hereby  impowered,  to  sell  so  much  of  the  real  estate  of  said 
Josiah  Brocket  as  to  make  said  sura  of  £40  8.s.  Ofc?.,  taking 
the  direction  of  said  county  court  therein,  and  the  overplus 
money  not  already  allowed  and  accounted  for  be  improved 
for  the  support  of  said  Brocket  from  April  court  aforesaid 
until  the  same  be  expended,  if  said  Brocket  live,  and  if  so 
happen  he  should  not  live  to  expend  the  whole  of  said  over- 
plus money,  then  what  remains  to  be  for  the  use  of  the  right 
heirs  of  said  Brocket. 

Upon  the  memorial  of  John  Hill  and  Keziah  Hill,  both  of 
Glassenbury,  executors  of  the  last  will  and  testament  of  John 
[423]  Hill  sens  late  of  said  ||  Glassenbury,  deceased,  repre- 
senting to  this  Assembly  that  the  debts  and  charges  due  from 
the  estate  of  said  John  Hill,  deceased,  surmount  the  personal 
estate  of  said  deceased  the  sum  of  three  hundred  forty-eight 
pounds  six  shillings  and  seven  pence  lawful  money,  and  that 
said  deceased  in  his  last  will  and  testament  gave  the  main 
part  of  his  real  estate  to  his  sons  and  declared  in  his  last  will 
and  that  his  will  was  that  his  said  sons  should  pay  his  just 
debts  and  should  have  what  was  due  to  said  testator;  that 
said  sons  of  said  testator  have  no  estate  to  pay  the  aforesaid 
sum  withal,  except  the  estate  willed  tind  given  to  them  in  the 
aforesaid  will;  that  all  of  said  sons  except  two  are  minors 
under  the  age  of  twenty-one  years,  and  can  make  no  disposi- 
tion of  any  of  their  said  estate  for  payment  of  the  debts  of 
said  deceased  &c.;  praying  this  Assembly  to  grant  said  me- 
morialists liberty  and  them  fully  authorize  and  impowcr,  to 
make  sale  of  said  real  estate  as  to  raise  said  sum  with  incident 
charges  thereon,  as  per  memorial  on  file  may  appear:  Re- 
solved by  this  Assembly,  that  the  memorialists  have  liberty 
and  they  are  hereby  authorized  and  fully  impowered,  to  make 
sale  of  so  much  of  the  real  estate  of  said  deceased  as  will 
raise  a  sum  sufficient  to  pay  said  sum  of  £848  6s.  Id.  to- 
igether  with  the  incident  charges  of  sale  ;  taking  the  advice  of 
'the  court  of  probate  in  the  district  of  Hartford  therein. 

Upon  the  memoi-ial  of  George  Mill  of  Stanford,  a  soldier 
discharged  from  his  Majesty's  regular  troops,  poor  and  im- 
potent, &c.,  praying  for  liberty  to  peddle  in  the  several  towns 
in  this  Colony  for  the  necessary  support  of  himself  and  fam- 
ily <tc.,  as  per  memorial  on  file  &c. :  Resolved  by  this  As- 
sembly, that  the  said  George  Mill  have  lil)erty,  and  liberty  is 
hereby  given  him,  to  travel  as  a  pedlar  or  petty-chapman 
throughout  this   Colony,   and  to  deal   and   trade  as  such  in 

75 


594  PUBLIC    RECORDS  [Oct. 

manner  as  other  pedlars  by  law  licensed  are  enabled  to  do,  to 
all  intents  and  purposes. 

Upon  the  memorial  of  Thomas  Grant,  Joseph  Stedman, 
John  Grant,  Daniel  Rockwell,  Daniel  Skinner,  Thomas  Sadd 
junr,  Samuel  Smith,  and  others  subscribers  thereunto,  inhabit- 
ants of  a  place  called  Wapping  on  the  east  side  of  the  second 
society  in  Windsor,  representing  to  this  Assembly  that  the 
memorialists  live  one  with  another  near  five  miles  from  the 
meeting-house  lately  built  in  said  society,  that  in  the  setting 
said  meeting-house  no  regard  was  had  to  the  memorialists 
and  their  families ;  praying  tliis  Assembly  that  the  five  fam- 
ilies living  at  the  east  end  of  the  three  mile  lots,  with  all  the 
rest  living  at  the  east  end  of  said  second  society,  be  formed 
into  a  distinct  half  society,  with  powers  and  priviledges  to 
hire  preaching  among  themselves  &c.,  as  per  memorial  on  file 
&c. :  Resolved  by  this  Assembly,  that  the  memorialists  and 
all  living  within  the  limits  aforesaid  have  liberty,  and  liberty 
is  hereby  granted  to  them,  to  procure  the  preaching  of  the 
gospel  amongst  themselves  five  months  in  the  year  annually, 
with  powers  and  priviledges  to  tax  themselves  for  raising 
money  for  the  support  of  the  preaching  of  the  gospel  for  the 
tei'm  aforesaid  in  the  same  manner,  and  to  that  end  to  choose 
all  officers  as  other  societies  in  said  Colony  are  by  law  enabled, 
and  shall  be  exempted  from  the  payment  of  any  taxes  for 
supporting  the  ministry  in  the  said  second  society  during  said 
five  months  annually  or  part  thereof :  provided  tliey  procure 
such  preaching  said  five  months,  or  in  such  part  thereof  as 
they  shall  have  preaching  as  aforesaid. 

Upon  the  memorial  of  Benjamin  Bancraft,  Eleazer  Pomroy, 
Ichabod  Fitch  and  Abraham  Beach,  representing  to  this  As- 
sembly that  they  delivered  sundry  articles  for  the  relief  of 
the  sick  soldiers  belonging  to  this  Colony  by  order  of  the 
commanding  officers  while  in  the  campaign,  and  for  which 
they  have  not  been  paid ;  praying  for  payment  &c. :  Re- 
solved by  this  Assembly,  that  the  Committee  of  the  Pay- 
Table  be  and  they  are  hereby  directed  to  examine  and 
adjust  the  said  accounts  of  said  memorialists,  and  what  they 
find  justly  due  from  this  Colony  shall  order  payment  of  the 
same  out  of  the  public  treasury  of  this  Colony  accordingly, 
with  such  interest  as  they  shall  judge  to  be  just  and  reason- 
able. 

Upon  the  memorial  of  John  Hide  of  Canterbury,  shewing 
to  this  Assembly  that  he  was  a  soldier  in  tlie  campaign  in  the 
year  1760,  under  Capt.  Palmer,  and  being  employed  in  the 
rowing  and   setting  the  battoes  in  Moehauk  River  and  by 


r 


1761.]  OP    CONNECTICUT.  595 

reason  of  the  said  hard  service  occasioned  a  very  grievous 
sore  on  his  left  hand,  and  thereby  the  same  is  almost  useless 
&c.,  praying  this  Assembly  to  grant  that  some  meet  sum  be 
paid  to  him  out  of  the  treasury  of  this  Colony  &c. :  Resolved 
by  this  Assembly,  that  the  said  memorialist  have  the  sum  of 
fifteen  pounds  paid  to  him  out  of  the  treasury  of  this  Colony 
for  his  hand  being  so  hurt  &c.  And  the  Treasurer  is  hereby 
ordered  to  pay  the  same  accordingly. 

[424]  U))on  the  memorial  of  Joseph  Divine,  of  Kent  in  the 
district  of  Litchfield,  administrator  on  the  estate  of  Nathaniel 
Divine  late  of  said  Kent,  deceased,  shewing  that  the  debts 
due  from  the  said  estate  with  the  charges  &c.  allowed  sur- 
mount the  personal  estate  of  the  said  deceased  the  sum  of 
£21  Is.  9d.  and  praying  for  liberty  to  make  sale  of  so  much 
of  the  real  estate  of  the  said  deceased  as  to  answer  and  pay 
the  said  sum  with  the  incident  charges  arising  on  said  sale, 
as  per  memorial  on  file :  Resolved  by  this  Assembly,  that 
the  said  Joseph  Divine  have  liberty  and  he  is  hereby  impovv- 
ered,  to  make  sale  of  so  much  of  the  real  estate  of  the  said 
deceased  as  to  answer  and  pay  the  said  sum  of  £21  Is.  9d. 
taking  the  advice  of  the  court  of  probate  for  the  district  of 
Litchfield. 

Upon  the  memorial  of  Isaac  Swan,  of  Kent  in  the  district 
of  Litchfield,  administrator  on  the  estate  of  John  Wedge  late 
of  said  Kent,  deceased,  shewing  that  the  debts  due  from  the 
said  estate  and  charges  allowed  surmount  the  personal  estate 
of  the  said  deceased  the  sum  of  X16o  Is.  Id.  and  praying  for 
liberty  to  make  sale  of  so  much  of  the  real  estate  of  the  said 
deceased  as  to  answer  and  pay  the  said  sum  with  the  incident 
charges  arising  on  said  sale  ;  as  per  memorial  on  file  :  Re- 
solved by  this  Assembly,  that  the  said  Isaac  Swan  have  lib- 
erty and  he  is  hereby  impowered,  to  make  sale  of  so  much  of 
the  real  estate  of  the  said  deceased  as  to  answer  and  pay  the 
said  sum  of  £165  7s.  Id.  with  the  incident  charges  thereon 
arising;  taking  the  advice  of  the  court  of  probate  for  the 
district  of  Litchfield. 

Upon  the  memorial  of  John  Moss,  Timothy  Wilcockson 
and  others,  inhabitants  of  the  parish  of  Ripton,  and  Nathan 
Booth  and  Jonathan  Curtis  and  others,  inhabitants  of  the 
parish  of  North  Stratford,  praying  to  be  a  distinct  ecclesiasti- 
cal society  witii  proper  limits  and  boundaries  as  set  forth  in 
said  memorial,  or  that  a  committee  may  be  appointed  to  view 
the  circumstances  of  the  memorialists  and  make  report  <fec.,  as 
by  said  memorial  &c. :  Resolved  by  this  Assembly,  that 
Elisha  Sheldon,  Esq"",  Messrs.  Increase  Mosely  and  Timothy 


596  PUBLIC     RECORDS  [Oct. 

Judd  be,  and  they  are  hereby,  appointed  a  committee  to  re- 
pair to  and  view  the  circumstances  of  said  memorialists  and 
all  concerned  in  tlie  |>remises,  and  ihe  bounds  and  limits 
referred  to  in  said  memorial,  and  hear  all  parties  concerned, 
and  make  their  report  to  this  Assembly  in  their  sessions  in 
May  next,  with  their  opinion  thereon.* 

Upon  the  memorial  of  Stall  Worthy  Waters  and  Ruth 
Brown,  administrators  on  the  estate  of  John  Biown  late  of 
Hebron,  deceased,  representing  to  this  Assembly  that  the 
debts  due  from  the  estate  of  said  deceased  and  charges  allowed 
over  and  above  what  of  the  real  estate  of  said  deceased  hath 
already  been  sold  by  order  of  Assembly  surmount  the  per- 
sonal estate  of  said  deceased  the  sum  of  £11  18.s.  Ihd.  law- 
ful money,  and  praying  for  liberty  to  sell  so  much  of  the  real 
estate  of  said  deceased  with  the  incident  charges  arising 
therein :  Resolved  by  this  Assembly,  that  tlie  memorialists 
have  liberty  and  liberty  is  hereby  granted  to  them,  to  sell  so 
much  of  the  real  estate  of  said  deceased  as  shall  be  sufficient 
to  raise  said  sum  with  the  incident  charges  therein  arising ; 
taking  the  direction  of  the  court  of  probate  in  the  district  of 
East  Haddani  therein. 

Upon  the  memorial  of  Aaron  Brownson,  John  Standley, 
and  the  rest  of  the  inhabitants  of  Farraington  that  were 
excluded  from  the  parish  of  Kinsington  (by  act  of  Assembly 
made  and  passed  at  their  sessions  at  Hartford  in  May  1754,) 
shewing  to  this  Assembly  that,  notwithstanding  their  liberty 
to  assemble  witli  said  parish  of  Kensington  for  the  public 
worship  of  God  reserved  to  them  in  and  by  said  act,  yet  by 
reason  of  their  great  distance  they  cannot  at  all  times  of  the 
year  receive  the  benefit  and  priviledges  thereof,  and  that  they 
are  under  great  difficulty  and  disadvantage  for  want  of  school- 
ing ;  thereupon  ])raying  for  liljcrty  to  set  up  and  carry  on  the 
pul)lic  worship  of  God  and  schooling  among  themselves:  Re- 
solved by  this  Assembly,  that  the  inhabitants  living  within  the 
following  bounds,  viz:  Abutting  south  on  the  parish  of  Meri- 
den,  north  on  the  parish  of  Kinsington,  west  on  tlie  parish 
of  Southington,  and  east  on  the  line  of  Middleton  and  Farm- 
[425]  ington,  have  liberty,  and  liberty  is  hereby  granted  ||  them, 
to  set  up  and  carry  on  the  public  worship  of  God  among 
themselves  under  the  general  restrictions  of  the  law,  for  and 
during  the  term  of  four  months  annually,  and  also  to  set  up 
and  maintain  a  school  among  themselves.  And  to  enable 
them  to  do  the  same,  it  is  further  resolved,  that  the  said  in- 

*  A  society  was  established  in  May  1762,  and  named  New  Stratford  :  now  the 
town  of  Monroe. 


1761.]  OP     CONNECTICUT.  597 

habitants  be  warned  to  meet  together  in  manner  and  form  as 
new  ecclesiastical  societies  by  law  are,  and  being  so  met  they  are 
liereby  authorized  and  impowered  by  their  major  vote  to  tax 
themselves  to  raise  money  for  the  purposes  aforesaid,  and  to 
choose  a  committee,  collector  or  collectors,  which  collector  so 
chosen  shall  have  all  the  jiower  and  authority  that  collectors 
of  town  and  society  rates  l)y  law  have,  and  in  case  of  refusal 
to  serve  (being  so  chosen)  shall  be  lialile  and  subjected  to  the 
same  pains  and  penalties  that  by  law  society  collectors  are 
subjected  to. 

Upon  the  memorial  of  WilHam  Park  of  Plainfield,  shewing 
to  this  Assembly  that  Benjamin  Swan  of  Litchfield  was  con- 
victed at  the  superior  court  holden  at  Windham  the  3d  Tues- 
day of  September  1760,  for  uttering  counterfeit  dollars,  and 
that  by  said  court  was  ordered  to  pay  a  fine  of  twenty  pounds 
lawful  money  and  all  the  cost  and  charge  of  his  prosecution, 
which  amounted  to  about  twenty  pounds  more,  and  that  the 
said  Benjamin  had  no  estate  to  pay  and  satisfy  said  sums,  and 
thereupon  the  said  superior  court  assigned  him  in  service  for 
the  term  of  five  years  to  the  said  memorialist,  and  accord- 
ingly he,  the  said  memorialist,  then  paid  the  whole  of  said 
cost  and  gave  his  note  to  pay  said  sum  of  twenty  pounds  to 
the  Treasurer  of  this  Colony  within  one  year  from  that  time, 
and  that  soon  after  said  Benjamin  was  so  assigned  was  taken 
sick  tfec,  and  when  he  got  well  iulisted  and  went  into  his 
Majesty's  service  in  the  last  campaign,  and  was  taken  with 
the  small-pox  and  therewith  died  the  3d  day  of  July  last ; 
praying  to  this  Assembly  that  he  may  be  released  from  pay- 
ing said  sum  of  twenty  pounds,  and  that  he  may  be  dis- 
charged from  said  note :  Resolved  by  this  Assembly,  that  the 
memorialist  be  discharged  from  said  note,  and  that  he  is 
hereby  released  from  paying  said  sum  of  twenty  pounds. 

Upon  the  memorial  of  Timotby  Benedict,  Samuel  Gates, 
Jonah  Foster,  inhabitants  of  that  i)art  of  Ridgfield  commonly 
called  the  New  Patent,  and  the  rest  of  the  inhabitants  living 
within  said  New  Patent,  representing  to  this  Assembly  that 
they  live  very  remote  from  any  place  of  public  worship,  where- 
by they  and  their  children  are  in  a  great  measure  prevented 
the  attending  the  same  &c.;  praying  that  they,  the  memori- 
alists, may  be  made  and  constituted  a  distinct  ecclesiastical 
society  within  the  bounds  and  limits  following,  viz:  To  begin 
at  the  southwest  corner  at  a  place  called  the  Two  Mile  Monu- 
ment upon  the  Colony  line  a  little  south  of  the  horse-pound, 
from  thence  a  straight  line  to  the  mill  bridge  near  Isaac 
Keeler's  dwelling  house,  and  from  thence  a  straight  line  to  a 


598  PUBLIC    RECORDS  [Oct. 

chestnut-oak  tree  near  the  outlet  of  Be  unit's  Pond,  so  called, 
one  of  the  perambulation  bounds  between  Danbury  and  Ridg- 
field,  from  thence  a  straight  line  as  the  perambulation  line 
runneth  to  a  heap  of  stones  upon  a  ledge  of  rocks  near  or 
upon  Jacob  Wildman's  lot  southwardly  from  his  dwelling- 
house,  and  from  thence  a  straight  line  to  a  large  heap  of 
stones  in  the  perambulation  line  westerly  of  Samuel  Benedict's 
dwelling-house,  and  from  thence  in  the  perambulation  line 
northerly  to  the  northwest  corner  of  Danbury  township,  and 
from  thence  west  as  New  Fairfield  line  runs  to  the  Colony 
line,  from  thence  southerly  by  the  Colony  line  to  the  first 
station ;  as  per  memorial  on  file :  Resolved  by  this  Assembly, 
that  the  memorialists  &g.  living  witbin  bounds  and  limits 
aforesaid  be  and  they  are  hereby  made,  constituted  and  es- 
tablished a  distinct  ecclesiastical  society  by  the  name  of  Ridg- 
bury,  and  shall  have,  exercise  and  enjoy  all  the  powers,  privi- 
ledges  and  rights  that  other  ecclesiastical  established  societies 
in  this  Colony  by  law  are  vested  with  and  have  right  to  exer- 
cise and  enjoy,  and  be  under  like  regulations  in  all  respects. 

Upon  the  memorial  of  John  Bid  well  and  Josiah  Gilman  of 
Hartford,  administrators  on  the  estate  of  John  Gilman  late  of 
said  Hartford,  deceased,  shewing  to  this  Assembly  that  the 
debts  due  from  the  estate  of  said  John  Gilman,  deceased,  to- 
gether with  the  charges  &c.  exhibited  and  allowed  by  the 
court  of  probates  for  the  district  of  Hartford,  with  a  small 
allowance  for  the  widow,  surmount  the  moveable  estate  of 
said  deceased  the  sum  of  two  hundred  and  fifty-two  pounds 
seven  shillings  four  pence  lawful  money;  praying  for  liberty 
to  sell  so  much  of  the  real  estate  of  the  said  deceased  as  will 
pay  and  satisfy  the  aforesaid  £252  Is.  Ad.  together  with  the 
incident  charges  of  said  sale:  It  is  therefore  resolved,  that 
[426]  liberty  is  granted  ||  to  the  said  John  Bidwell  and 
Josiah  Gilman,  and  they  are  impowered,  to  make  sale  of  so 
much  of  the  lands  of  the  said  deceased  as  shall  amount  to  the 
aforesaid  sum  of  X252  7s.  id.  lawful  money,  together  with 
the  incident  charges  arising  on  said  sale;  taking  the  direc- 
tion of  the  court  of  probates  in  the  district  of  Hartford 
therein. 

On  the  memorial  of  Abigail  Kilborn  of  Hartford,  adminis- 
tratrix on  the  estate  of  Nathaniel  Kilborn  late  of  said  Hart- 
ford, deceased,  representing  that  the  debts  due  from  said  es- 
tate surmount  the  inventoried  personal  estate  of  said  deceased 
the  sum  of  three  hundred  ninety-three  pounds  seven  shillings 
and  four  pence  half-penny  lawful  money ;  that  the  only  real 
estate  of  deceased  consists  in  about  half  an  acre  of  land  with 


1761.]  OP    CONNECTICUT.  699 

a  large  dwelling-house  thereon,  lying  on  the  Main  Street  in 
Hartford  aforesaid ;  praying  liberty  to  sell  of  said  real  estate 
to  answer  the  sum  abovesaid  <fec.:  Resolved  by  this  Assembly, 
that  said  administratrix  together  with  Mr.  Benjamin  Paine  of 
Hartford  be  and  they  are  hereby  impowered,  to  sell  of  said 
real  estate  of  said  deceased  to  answer  the  sum  abovesaid  with 
incident  charges  of  sale  ;  taking  the  direction  of  the  court  of 
probate  for  the  district  of  Hartford  therein. 

On  the  memorial  of  Abiah  Sage  of  Middleton,  administra- 
trix on  the  estate  of  Ebenezer  Sage  late  of  Middleton,  de- 
ceased, shewing  to  this  Assembly  that  the  debts  surmount  the 
moveable  estate  of  the  deceased  the  sum  of  three  hundred 
forty-one  pounds  13s.  2c?.;  praying  for  liberty  to  sell  so  much 
of  real  estate  of  the  said  deceased  as  to  make  said  sum  of 
X341  13s.  2d.  with  the  incident  charges  thereon,  as  per  me- 
morial on  file :  Resolved  by  this  Assembly,  that  the  said  ad- 
ministratrix be  allowed  and  liberty  is  hereby  granted  to  her, 
to  sell  so  much  of  the  real  estate  of  said  deceased  as  to  make 
said  sum  with  the  necessary  charges  thereon  arising ;  taking 
tlie  directions  of  the  court  of  probate  for  the  district  of 
Middleton  therein. 

Upon  the  memorial  of  Peter  Rice,  administrator  on  the  es- 
tate of  Timothy  Loomis  late  of  Symsbury,  deceased,  shewing 
to  this  Assembly  that  the  debts  and  charges  due  from  said 
estate  with  what  is  allowed  to  the  widow  surmount  the  person- 
al or  moveable  estate  of  said  deceased  the  sum  of  £25  2s. 
Qd.  lawful  money,  for  the  payment  of  which  he  has  no  move- 
able estate ;  praying  for  liberty  to  sell  so  much  of  the  real  es- 
tate of  said  deceased  as  will  raise  the  sum  of  .£25  2.s.  Qd.  law- 
ful money,  with  the  incident  charges  arising  on  said  sale ;  as 
per  memorial  on  file :  Resolved  by  this  Assembly,  that  the 
said  administrator  have  liberty  and  he  is  hereby  impowered, 
to  sell  so  much  of  the  real  estate  of  said  deceased  as  will  raise 
the  said  sum  of  £25  2s.  Qd.  lawful  money,  for  the  payment  of 
said  debts,  together  with  the  incident  charges  arising  thereon; 
taking  the  direction  of  the  court  of  probates  for  the  district  of 
Hartford  therein. 

Upon  the  memorial  of  Seth  Benedict,  administrator  on  the 
estate  of  Thomas  Benedict  the  2d,  late  of  Norwalk,  deceased, 
shewing  to  this  Assembly  that  the  debts  due  from  the  estate 
of  the  said  deceased  Thomas  Benedict  together  with  a  small 
allowance  of  necessaries  to  the  widow  of  the  said  deceased 
surmount  the  moveable  or  personal  estate  of  the  said  de- 
ceased the  sum  of  £18  Qs.  8c?.  3,  lawful  money,  and  thereon 
praying  for  liberty  to  sell  so  much  of  the  real  estate  of  the 


600  PUBLIC    RECORDS  [Oct. 

said  deceased  as  will  pay  and  satisfy  the  said  sum  of  £18  6s. 
8d.  3,  together  with  the  incident  changes  arising  thereon,  and 
that  he  may  be  authorized  and  impowered  therefor,  taking  the 
direction  of  the  court  of  probate  in  Fairfield  district  therein : 
Resolved  by  this  Assembly,  that  the  said  Seth  Benedict  have 
liberty  and  is  hereby  authorized  and  impowered,  to  sell  so 
much  of  tlie  real  estate  of  the  said  deceased  Thomas  Benedict 
as  will  pay  and  satisfy  the  said  sum  of  £18  6s.  8d.  3,  together 
with  the  incident  charges  arising  on  such  sale;  taking 
the  directions  of  the  court  of  probate  in  Fairfield  district 
therein. 

Upon  the  memorial  of  Submit  Crooker,  administratrix  on 
the  estate  of  Joseph  Crooker  late  of  Hebron,  deceased,  repre- 
[427]  senting  to  this  Assembly  ||  that  the  debts  due  from  the 
estate  of  said  deceased  and  charges  allowed  surmount  the 
moveable  estate  of  said  deceased  the  sum  of  £70  19s.  ll-}(i. 
lawful  money,  and  praying  for  liberty  to  sell  so  much  of  the 
real  estate  of  said  deceased  as  will  be  sufficient  to  raise  said 
sum  with  the  incident  charges  arising  thereon :  Resolved  by 
this  Assembly,  that  the  memorialist  have  liberty  to  sell  so 
much  of  the  real  estate  of  said  deceased  as  will  be  sufficient 
to  raise  said  sum  with  the  incident  charges  arising  therein ; 
taking  the  direction  of  the  court  of  probate  in  the  district  of 
East  Haddam  therein. 

Whereas  William  Tanner  and  others,  inhabitants  in  this 
Colony,  by  their  memorial  have  represented  to  this  Assembly 
that  the  Ousatunnick  River,  (so  called,)  running  thro'  the 
western  part  of  this  Colony,  might  be  so  cleared  of  its  present 
obstructions  as  to  render  it  greatly  advantageous  for  trans- 
portation &c.;  praying  for  liberty  to  set  u\)  a  lottery  for  that 
purpose  <fec.. 

Be  it  therefore  enacted  hy  the  Governor^  Coimcil  and  He'pre- 
sentatives,  in  General  Court  assembled,  and  hy  the  authority  of 
the  same,  Tbat  liberty  be  and  is  hereby  granted  for  a  lottery 
for  the  raising  the  sura  of  three  hundred  pounds,  to  be  used 
for  clearing  said  river,  and  also  the  sum  of  sixty  pounds  for 
defraying  the  charges  I  hereof  by  a  deduction  of  ten  pounds 
jier  cent,  on  the  sale  of  the  tickets  in  said  lottery.  And  John 
Williams,  Esq"",  of  Sharon,  Messrs.  Cyrus  Marsh  of  Kent, 
Charles  Burrel  of  Canaan,  William  Tanner  and  Benoni  Peck 
of  Corrwall,  and  Jcliiel  Hawley  and  John  Hitchcock,  Esq""^, 
of  Nev  ^tlilford,  or  any  five  of  them,  be  and  they  are  hereby 
appointed  managers  of  said  lottery,  and  that  they  be  sworn  to 
a  faithful  discharge  of  their  trust;  and  that  said  lottery  be 
drawn  under  the  inspection  of  two  of  his  Majesties  justices  of 


1761.]  OF    CONNECTICUT.  601 

the  peace  for  the  county  of  Litchfield,  and  that  the  said  man- 
agers be  allowed  the  said  sum  of  sixty  pounds  for  their 
trouble  and  expence  in  conducting  the  same. 

And  it  is  further  resolved  by  this  Assembly^  That  said 
managers  be  and  they  are  hereby  appointed  a  committee  to  re- 
ceive into  their  hands  the  said  three  hundred  pounds  and  apply 
the  same  to  the  best  advantage  for  clearing  the  said  river,  and 
to  render  their  account  thereof  to  this  Assembly  when  there- 
unto required. 

Whereas  upon  the  memorial  of  Thomas  Parsons,  Daniel 
Perkins  and  Joseph  Kingsbury,  listers  for  the  town  of  Enfield 
for  the  year  1759,  brought  to  the  General  Assembly  held  at 
Hartford  in  May  1761,  representing  to  said  Assembly  that 
in  said  year  1759,  they  fourfolded  a  large  number  of  the 
inliabitants  of  said  town  for  certain  estate  by  them  left  out  of 
their  lists  given  in  in  said  year,  and  that  a  number  of  said 
persons  so  fourfolded  in  February  1761,  did  apply  to  Samuel 
Kent  jun'".  Esq"",  justice  of  peace,  and  Edward  Collins  and  Den- 
nis Bement,  two  of  the  selectmen  for  said  town  of  Enfield, 
to  abate  said  fourfold  assessments,  and  that  said  authority 
and  selectmen  did  abate  of  said  fourfold  assessments  to  the 
amount  of  X448,  as  will  appear  by  the  doings  of  said  author- 
ity and  selectmen  ;  praying  to  said  Assembly,  for  relief  &c., 
on  which  memorial  said  Assenibly  did  appoint  William 
Wolcott,  Esq'',  and  Capt.  Ebenezer  Grant,  to  be  a  committee 
to  repair  to  said  town  of  Enfield  and  inquire  into  the  matters 
set  forth  in  said  memorial  and  make  report  of  what  they 
should  find  &c.,  which  committee  according  to  said  appoint- 
ment hath  since  repaired  to  said  Enfield,  made  inquiry,  and 
made  report  to  this  Assembly,  which  report  is  by  this  Assem- 
bly accepted  and  approved  :  Whereupon  it  is  resolved  by  this 
Assembly,  that  the  judgment  and  determination  of  said 
justice  Kent  and  said  selectmen  in  abating  said  fourfold 
assessments  shall  be  null  and  void,  and  said  fourfold  assess- 
ments shall  be  and  remain  as  if  said  abatement  had  never 
been  made. 

Upon  the  memorial  of  Thomas  Hosmer  <fec.,  proprietors 
and  inliabitants  of  the  townships  of  Winchester,  Torrington 
&c.,  representing  that  there  was  necessity  of  a  highway  or 
public  road  to  be  laid  out,  to  begin  at  or  near  the  dwelling- 
house  of  Samuel  Durham  in  said  Torrington,  at  the  end  of 
the  highway  already  laid  out  from  thence  to  said  township 
of  Winchester  near  the  course  the  road  goes  thro'  Winchester 
near  the  house  of  Adam  or  Jonathan  Mott  till  it  meet  the 
country  road  in  Norfolk,  and  praying  for  a  committee  to 
76 


602  PUBLIC    RECORDS  [Oct. 

view  &c.  And  whereas  a  committee  was  appointed  by  this 
Assembly  in  their  sessions  at  Hartford  on  the  second  Thurs- 
day of  May  1761,  to  view  and  consider  the  necessity  and  con- 
veniency  of  there  being  a  road  or  highway  laid  out  at  or  near 
the  place  aforesaid  and  report  their  opinion  thereon,  which 
[428]  committee  have  reported  to  this  Assembly  ||  there  is 
necessity  of  a  road  or  public  highway  lieing  laid  out  thro' 
Torrington  and  Winchester  at  or  near  the  place  above  de- 
scribed, and  that  it  may  be  of  great  conveniency  :  Where- 
upon it  is  resolved,  that  Jonathan  Pettibone,  Esq'',  Messrs. 
Abel  Merrills  and  Abraliam  Kellogg  of  New  Hartford  be, 
and  they  are  hereby,  appointed  a  committee,  they  or  any  two 
of  them,  to  lay  out  a  road  or  highway  at  the  place  aforesaid 
according  to  their  best  discretion,  to  be  at  the  cost  of  Tor- 
rington and  the  proprietors  of  Winchester,  and  make  return 
of  their  doinos  therein  to  this  Assembly  at  their  session  in 
May  next  at  Hartford. 

All  Act  for  raising'  (by  voluntary  Enlistment)  two  hundred  and  twenty- 
six  Effective  Men  including  Officers,  for  the  Security  of  his  Majes- 
ty's Northern  Conquests  in  America  during   the  ensuing 
Winter  and  until  the  first  Day  of  July  next. 

Whereas  his  Honour  the  Governor  has  communicated  to 
this  Assembly  a  letter  from  his  Excellency  Gen'  Amherst,  of 
the  15th  of  June  last,  therein  requesting  the  continuance  of 
a  number  of  the  troops  in  the  pay  of  this  Colony  during  the 
ensuing  winter  and  until  the  first  day  of  July  next  unless  his 
Majesty's  service  will  admit  of  their  being  released  sooner,  for 
the  protection  of  the  several  forts  and  country  in  general : 
This  Assembly  sensible  of  the  importance  of  the  service,  and 
desirous  to  promote  his  Majesty's  service  proposed  by  his  ex- 
cellency and  act  fully  up  to  oui-  proportion,  the  heavy  burden 
now  lying  on  this  Colony  notwithstanding. 
It  is  therefore  resolved  and  enacted  hy  the  Grovernor,  Council 
and  Representatives,  in  General  Court  assembled,  and  hy  the 
authority  of  the  same.  That  there  be  proper  encouragement 
given  for  the  new  enlisting  two  hundred  and  twenty-six  able- 
bodied  men,  including  officers,  viz:  two  captains*  and  four 
lieutenants,  of  the  troops  now  in  the  pay  of  this  Colony,  to 
continue  during  the  ensuing  winter  and  until  the  first  day  of 
July  next  unless  his  Majesty's  service  will  admit  of  their 
being  released  sooner.  And  that  for  the  encouragement  of 
such  enlisting,  each  non-commissioned  officer  and  soldier  shall 
have  a  bounty  of  forty  shillings,  which  with  one  month's 
advance  pay  shall  be  paid  him  upon  enlistment;  and  that 
each    commissioned    officer   shall   also   have   advanced   one 

*  The  captains  were  Azel  Fitch  and  Hugh  Ledlio.     In  Ca])t.  Fitch's  company 
Daniel  Muultou  and  Moses  Smith  vvei-e  lieutenants.      War,  ix,  21G,  X,  54. 


1761.]  OF    CONNECTICUT.  603 

month's  pay  upon  his  being  commissioned  or  appointed  for 
said  service,  which  advanced  pay  for  both  officers  and  soldiers 
shall  be  accounted  as  so  much  paid  for  their  future  service ; 
and  that  the  pay  of  both  officers  and  soldiers  shall  be  the 
same  as  in  the  present  campaign.  And  his  Honour  the  Gov- 
ernor is  desired,  in  such  manner  as  he  shall  think  proper,  to 
inform  the  troops  of  this  Colony  now  in  camp  the  purport  of 
this  act,  and  order  and  direct  the  principal  officers  to  use  their 
influence  with  the  soldiery  to  incourage  the  enlistment  afore- 
said, and  generally  to  do  everything  necessary  to  carry  this 
act  into  execution.  And  his  Honour  the  Governor  is  also 
desired  to  use  his  influence  with  his  Excellency  General 
Amherst  for  the  speedy  dismission  of  the  troops  of  this  Col- 
ony now  in  camp,  save  only  such  that  shall  enlist  into  the 
service  aforesaid. 

Resolved  hy  this  Assembly,  That  the  Treasurer  of  this 
Colony  be  directed  and  he  is  hereby  directed,  to  make  and 
kee|)  a  full  and  particular  account  or  accounts  of  all  such 
[429]  bonds  and  other  securities  diie  and  payable  to  this  ||  gov- 
ernment which  he  hath  delivered  or  shall  deliver  out  (by 
order  of  this  Assembly)  to  the  several  King's  attornies  or  other 
person  to  collect,  and  also  keep  an  account  distinct  and  sep- 
arate from  the  account  current  of  this  Colony,  of  all  sums  of 
money  paid  in  by  said  collectors  on  account  of  such  bonds  or 
securities  delivered  out  as  aforesaid,  and  credit  such  par- 
ticular account  or  accounts  of  bonds  &c.  delivered  out  as 
aforesaid  distinctly  and  separately,  and  a  copy  thereof  trans- 
mit annually  to  the  Secretary  of  this  Colony,  so  that  the  same 
may  lay  before  this  Assembly  at  their  sessions  at  Hartford  in 
May. 

Upon  the  petition  of  John  Hall  of  New  London,  shewing  to 
this  Assembly  that  Andrew  Makenzie,  late  of  New  London, 
obtained  judgment  against  said  petitioner  before  the  county 
court  held  at  New  London  witliin  and  for  the  county  of  New 
London  on  the  second  Tuesday  of  June  1759,  for  the  sum  of 
X259  12s.  Id  lawful  money,  for  debt  and  cost  on  one  certain 
bond  given  by  said  petitioner  to  the  said  Makenzie  ;  that  said 
petitioner's  council  mistook  the  plea  before  said  county  court 
in  said  action;  praying  for  a  new  trial  &c.,  as  per  petition  on 
file  &c. :  Resolved  by  this  Assembly,  that  said  petitioner  be 
and  he  is  hereby  granted  the  liberty  of  a  new  trial  in  said 
action  by  way  of  review  l)efore  the  county  court  to  be  held  at 
Norwich  within  and  for  the  county  of  New  London  on  the 
fourth  Tuesday  of  November  1761,  and  that  the  future  cost 
only  follow  said  trial. 


604  PUBLIC    RECORDS  [Oct. 

Upon  the  petition  of  Ebenezer  Mix,  of  Hartford  in  the 
county  of  Hartford,  complainino-  that  John  Eliot,  late  of  New 
Haven  in  tlie  county  of  New  Haven,  now  of  Leicester  in  the 
county  of  Worcester  and  Province  of  the  Massachusets  Bay, 
nnd  Lydia  his  wife,  by  deed  dated  the  first  day  of  July  A.  D. 
1760,  conveyed  to  him  sundry  pieces  of  land  situated  in  Wal- 
linffford  in  New  Haven  county,  and  that  he,  said  Mix,  in  con- 
sideration thereof  made,  executed  and  delivered  to  the  said 
Eliot  one  note  of  hand  for  <£426  13s.  4d.  lawful  money,  pay- 
able within  one  year  from  the  date  thereof,  also  one  other 
note  of  the  same  sum  payable  in  two  years  with  interest  after 
the  expiration  of  one  year  from  the  date  thereof,  also  one 
other  note  of  hand  of  the  same  sum  payable  in  three  years 
with  interest  after  the  expiration  of  one  year  from  the  date 
thereof,  all  which  notes  were  dated  the  first  day  of  July  A.  D, 
1760;  that  he  was  led  into  said  contract  by  the  fraud  of  said 
Eliot,  and  that  the  same  was  fraudulently  procured  by  said 
Eliot ;  praying  said  contract  might  be  declared  null  and  void 
and  on  his  delivering  up  said  deed  of  conveyance  (which  hath 
not  been  recorded)  to  said  Eliot  that  said  notes  should  be 
declared  void  and  be  delivered  up  by  said  Eliot  to  him  &c., 
as  per  petition  on  file  mny  appear  :  And  the  parties  appeared 
before  this  Court  and  by  their  council  largely  heard  on  the 
matters  of  fraud  complained  of  in  said  petition  with  their 
evidences  in  the  case :  And  this  Court  is  of  opinion,  that 
the  said  Mix  was  by  the  fraud  and  circumvention  of  the  said 
Eliot  led  into  said  contract.  And  it  is  therefore  ordered  and 
by  this  Court  decreed,  that  said  deed  abovementioned  ex- 
ecuted by  the  said  Eliot  and  his  said  wife  to  the  said  Eben- 
ezer Mix  be  by  him  given  up  to  them,  the  said  Eliot  and  wife, 
or  to  either  of  them,  without  entring  the  same  on  record. 
And  this  Court  do  further  decree,  that  the  abovementioned 
and  described  three  notes  given  and  executed  by  the  said 
Mix  to  the  said  Eliot,  be  null  and  void,  and  that  the  sums  of 
money  mentioned  in  said  notes  shall  not  be  recoverable  in 
law,  and  that  said  notes  shall  accordingly  be  delivered  to  the 
said  Mix.* 

[480]  Upon  the  petition  of  James  Tillcy  of  New  London, 
administrator  on  the  unadministred  estate  of  John  Savel  late 
of  said  New  London,  deceased,  representing  that  the  sum  of 
£7789  7.5.  Qd.  old  tenor,  of  the  said  Savil's  personal  estate 
was  distri))uted  to  and  among  the  heirs  of  the  said  Savil  by 
one  Bryant  Palmes  late  of  said  New  London,  then  being  ad- 
ministrator  of    the   goods   and   estate    of    said    Savil,   now 

*  This  decree  was  reversed  by  the  General  Assembly, ,  May  1762. 


1761.]  OF    CONNECTICUT.  606 

deceased,  and  that  he,  said  Tilley,  hath  been  obliged  to  pay 
out  the  sum  of  £283  4s.  11  f?.  lawful  money,  to  satisfy  the 
debts  which  said  Savil's  estate  did  owe,  and  also  hath  been 
put  to  the  expence  of  £11  Os.  Od.  lawful  money,  and  that  he 
has  been  able  to  get  into  his  hands  £816  3s.  (>c?.  old  tenor, 
and  XI 26  lis.  6d.  lawful  money,  of  the  said  SaviFs  estate, 
and  no  more;  praying  relief  &c.  as  by  petition  on  file  <fec.: 
Resolved  by  this  Assembly,  that  Messrs.  Christopher  Avery 
of  Groton  in  New  London  county,  Esq^,  Jeremiah  Miller,  Esq"", 
and  Mr.  David  Gardiner,  of  New  London,  be  and  are  hereby 
appointed  commissioners,  and  they  are  ]ierel)y  impowered  to 
examine  into  the  circumstances  of  said  estate  and  all  matters 
relative  to  the  settlement  thereof,  and  to  enquire  what  debts 
have  been  paid  or  satisfied  or  still  remain  due  from  said  es- 
tate, and  whether  any  and  what  assets  remain  in  the  hands  of 
said  administrator  for  payment  thereof,  and  all  things  tend- 
ing to  a  just  and  equital)le  settlement  of  said  estate,  and 
make  report  of  what  they  shall  find  in  the  premises  with  their 
opinion  thereon  to  this  Assembly  in  May  next,  to  which  time 
said  petition  is  continued. 

Upon  the  petition  of  Alexander  Hoskins,  of  Windsor  in  the 
county  of  Hartford,  representing  that  John  Hoskins  the  3d, 
of  said  Windsor,  and  Jerusha  his  wife,  brought  their  action 
of  assault  and  battery  against  the  petitioner  and  John  Hub- 
bard the  3d  of  said  Windsor,  for  abusing  the  said  Jerusha; 
that  said  Hubl»ard  having  deceased,  pending  said  action,  the 
same  was  then  prosecuted  only  against  the  petitioner,  and  on 
final  trial  had  thereon  before  the  superior  court  held  at  Hart- 
ford in  and  for  the  county  of  Hartford  on  the  first  Tuesday 
of  September  last  past  on  the  plea  of  not  guilty  verdict  and 
judgment  was  had  and  rendered  against  the  petitioner  for 
large  damages  and  cost;  complaining  that  the  said  jury  ii> 
said  trial  erred  and  mistook  the  law  on  tlie  facts  which  ap- 
peared and  were  proved  to  them  &c.  ;  praying  for  another  trial 
of  said  case  &c.,  as  per  petition  on  file  :  Resolved  by  this  As- 
sembly, that  the  petitioner  have  liberty  and  liberty  is  hereby 
granted  to  him,  of  another  trial  of  said  case  before  the 
superior  court  to  be  held  at  Hartford  in  and  for  said  county 
of  Hartford  on  the  first  Tuesday  of  March  next,  and  that  all 
cosls  follow  the  final  judgment  which  shall  be  given  in  said 
case. 

Upon  the  petition  of  Daniel  Booth,  Caleb  Baldwin  and 
Benjamin  Curtis,  all  inhabitants  of  Newton  and  proprietors 
of  the  common  and  undivided  land  in  said  Newton,  and  the 
[431]  rest  of  the  inhabitants  ||  of  arid  Newton,  and  the  rest 


606  PUBLIC    RECORDS  [Oct. 

of  the  proprietors  of  said  common  and  undivided  land  in  said 
Newton,  representing  to  this  Assembly  that  the  dividing  line 
between  the  towns  of  Newton  and  Stratford  was  for  a  long 
time  unsettled  and  inicertain,  which  occasioned  tedious  and 
unhappy  disputes  and  controversies  between  said  towns,  the 
same  subsisting  and  continuing  until  the  year  1725,  when  the 
said  towns  and  the  proprietors  of  the  common  and  undivided 
lands  in  said  towns  by  their  respective  committees  (in  order 
to  prevent  any  further  disputes  and  contentions  respecting 
such  dividing  line,  and  to  settle  and  make  the  same  known 
and  sure,)  did  lioncstly  and  in  an  amicable  manner  agree  to 
settle  and  establish  a  dividing  line  betweeti  said  towns, 
beginning  at  the  northwest  corner  bounds  between  Fairfield 
and  Stratford  townships,  and  from  thence  running  on  the 
south  or  southerly  side  of  Monhantick  Swamp,  and  so  on  a 
straight  line  to  the  half-way  river,  and  then  the  river 
till  it  empties  itself  into  the  great  river,  which  river  and 
line  to  be  the  dividing  line  between  the  said  towns  of  Strat- 
ford and  Newton;  that  the  said  agreement  was  put  into 
writing  and  duly  executed,  and  that  the  same  was  accepted 
and  approved  of  by  the  inhabitants  of  said  town,  at  least  by 
the  proprietors  of  the  common  and  undivided  land  in  said 
Stratford,  but  such  acceptance  &c.  not  being  eiitred  upon  re- 
cord rendered  said  agreement  weak  and  not  a  lawful  evidence 
of  such  dividing  line:  but  said  agreement  being  so  honestly 
made  as  aforesaid,  said  line  therein  contained  ought  to  be 
deemed  and  accounted  the  dividing  line  between  said  towns, 
both  as  to  jurisdiction  and  property ;  praying  that  said  agree- 
ment may  be  confirmed  and  established,  and  that  said  line 
may  be  the  dividing  line  between  said  towns,  both  as  to  juris- 
diction and  property  &c.,  as  per  petition  on  file  :  Resolved  by 
this  Assembly,  that  the.  said  agreement  mentioned  in  said 
petition  be  confirmed  and  the  same  is  hereby  confirmed  and 
established,  and  that  the  said  line  and  monuments  mentioned 
and  contained  therein  shall  be  and  the  same  is  hereby  de- 
clared to  be  the  dividing  line  between  said  towns  of  Stratford 
and  Newton,  both  as  to  jurisdiction  and  property. 

Upon  the  petition  of  Isaac  Tyler,  of  Wallingford  in  the 
county  of  New  Haven,  representing  that  Benjamin  Atwater, 
Caleb  Johnson,  Samuel  Hall  3d,  Ebenezer  Burrcl  and  Samuel 
Levit,  all  of  said  Wallingford,  as  selectmen  of  said  Walling- 
ford brought  a  writ  of  error  against  him  to  the  superior  court 
held  at  New  Haven  on  the  last  Tuesday  of  August  1761, 
bearing  date  the  6th  of  August  1761,  setting  forth  that  said 
selectmen  brought  an  action  on  the  statute  of  this  Colony  en- 


1761.]  OF    CONNECTICUT.  607 

titulcd  An  act  to  prevent  encroachments  on  highways  and  on 
common  and  undivided  lands,  by  writ  dated  the  12th  day  of 
June  1760,  against  him,  said  Tyler,  demanding  40s.  for  hav- 
ing erected  his  fence  on  highway  in  the  same  place  where  it 
had  been  removed  by  said  selectmen  after  due  warning,  be- 
fore Benjamin  Hall,  Assistant;  that  before  said  Assistant 
said  Tyler  having  plead  that  he  was  well  seized  in  fee  of  the 
land  on  which  he  erected  said  fence,  the  said  cause  was  re- 
moved into  the  county  court  held  at  New  Haven  in  the  county 
of  New  Haven  on  the  second  Tuesday  of  November  1760,  and 
from  thence  came  to  the  adjourned  county  court  held  at  said 
New  Haven  on  tlie  second  Tuesday  of  January  1761,  where 
judgment  was  rendered  on  said  plea  of  title  in  favour  of  said 
Tyler  against  said  selectmen  to  recover  his  cost  taxed  at  £1 
10s.  ijd.  lawful  money,  complaining  of  error  in  the  judgment 
of  said  county  court,  for  that  title  was  no  plea  in  said  case 
and  therefore  it  ought  not  to  have  been  on  such  plea  i-emoved 
from  said  Assistant,  and  said  county  court  had  no  jurisdic- 
tion. Further  representing,  that  said  superior  court  on 
[432]  said  writ  of  error  at  said  superior  court  held  at  said 
New  Haven  the  last  Tuesday  of  August  aforesaid  did  render 
judgment  in  favour  of  said  selectmen  against  said  Tyler,  that 
said  judgment  of  said  county  court  was  erroneous,  and  that 
said  selectmen  should  recover  of  said  Tyler  £14  8s.  4d.  law- 
ful money.  Further  representing,  that  said  judgment  of  said 
superior  court  was  erroneous,  and  praying  the  same  might  be 
reversed  and  that  he  might  be  restored  to  the  damage  he  hath 
thereby  sustained :  Resolved  by  this  Assembly,  that  there  is 
error  in  said  judgment  of  said  superior  court,  and  that  the 
same  be  reversed,  and  it  is  hereby  reversed  and  set  aside. 
And  it  is  considered,  that  the  said  Tyler  recover  of  said  select- 
men the  sum  of  £15  14s.  lie?,  lawful  money,  as  damages  he 
hath  sustained  by  means  of  said  erroneous  judgment,  and  that 
execution  be  issued  accordingly.  JEx.  granted  Decern.  15th 
1761. 

Upon  the  petition  of  Jonathan  Nott,  of  Weathersiield  in 
Hartford  county,  representing  to  this  Assembly  that  he  and 
his  wife  Sarah,  8d  day  of  March  1756,  made,  executed  and  ac- 
knowledged a  deed  of  three  acres  of  land,  in  said  j)etition 
described,  to  their  grand-children  John  Collins  and  Giles 
Collins,  and  to  their  heirs  &c.,  and  at  the  time  of  executing 
said  deed  they,  said  Jonathan  and  Sarah,  reserved  to  them- 
selves the  improvement  of  said  lands  during  their  natural 
lives,  and  for  that  purpose  said  petitioner  was  to  keep  said 
deed  in  his  own  possession  unrecorded ;  further  representing 


608  PUBLIC    RECORDS  [Oct. 

that  said  deed  without  the  privity  of  said  petitioner  was 
taken  out  of  his  possession  and  put  on  the  record  of  the  town 
in  which  said  land  lay,  and  that  Samuel  Steel  of  said  Weathers- 
field  by  force  of  said  deed  on  or  about  the  15th  day  of  July 
last  past  (as  guardian  to  said  Giles  Collins,  the  said  John 
being  dead,)  by  force  of  said  deed  entered  into  said  three 
acres  of  land  and  cut  and  carried  away  the  petitioner's  good 
crop  of  wheat  which  he  had  sown  and  raised  on  said  land ;  as 
per  said  petition  &c.:  Resolved  by  this  Assembly,  that  said 
petitioner  shall  have  and  hold  the  quiet  use,  possession  and 
improvement  of  said  three  acres  of  land  during  his  natural 
life,  (said  deed  notwithstanding,)  and  that  said  Steel  shall  pay 
to  said  petitioner  and  said  petitioner  recover  of  said  Steel  the 
sum  of  four  pounds  lawful  money  in  damage.  Cost  allowed 
petitioner  X6  Os.  ^d.  laurful  money.    Ex.  granted  Nov.  6, 1761. 

Upon  the  petition  of  John  Adsit,  of  Lyme  in  New  London 
county,  representing  to  this  Assembly  that  Samuel  Beckwith 
late  of  said  Lyme,  deceased,  in  his  life  time  owed  to  the  peti- 
tioner by  note  of  hand  the  sum  of  X12  Os.  Otl  lawful  money, 
and  that  he  had  never  received  any  part  of  said  sum  and  had 
lost  his  said  note,  and  that  Ezekiel  Minor  of  said  Lyme,  ad- 
ministrator on  the  estate  of  said  deceased,  refused  payment 
thereof;  praying  for  relief  &c.:  Resolved  by  this  Assembly, 
that  the  petitioner  shall  be  entituled  to  demand  and  recover 
out  of  the  estate  of  said  deceased  in  the  hands  of  said  admin- 
istrator the  sum  of  £12  O^-.  Od.  lawful  money,  subject  to  tiie 
same  deductions  that  other  demands  on  said  estate  are  sub- 
ject to. 

This  Assembly  do  appoint  Asa  Spalding  of  Fairfield  Sur- 
veyor of  Lands  within  and  for  the  county  of  Fairfield. 

[438]  To  the  Hon'''''-  the  General  Assembly  of  the  Colony 
of  Connecticut  now  sitting  at  New  Haven  October  2d  Thurs- 
day 17G1:  We  your  Honours'  committee,  being  by  this  As- 
sembly at  their  sessions  at  Hartford  in  May  last  appointed  to 
fix  a  place  whereon  to  build  a  meeting-house  for  the  inhabit- 
ants in  the  south  part  of  Litchfield,  and  to  make  return  of 
our  doings  to  this  Assembly,  beg  leave  to  report  to  your 
Honours,  that  at  the  request  and  on  the  desire  of  a  committee 
ai)pointed  by  said  South  Farms  to  that  purpose  on  the  29th 
day  of  September  1761,  we  repaired  to  said  South  Farms,  and 
after  having  viewed  the  circunistances  and  situation  of  said 
vicinity  and  heard  the  pleas  of  all  parties  concerned  in  the 
premises,  we  have  affixed  a  stake  within  the  highway  on  the 
south  side  of  the  path  that  goeth  east  and  west  from  Mr. 
Henry  Gibbs  to  Lt.  Charles  Woodroofs,  on  a  rising  ground  a 


1761.]  OF    CONNECTICUT.  609 

little  east  of  a  new  built  house  belonging  to  Mr.  Samuel  Bar- 
nard :  the  above  mentioned  stake  to  be  within  the  sills  of  said 
meeting-house.  All  which  is  humbly  submitted  by  your 
Honours'  most  obedient  humble  servants, 

Dan'  Sherman,  ^ 

Benj!^  Hinman,    >  Committee. 

Benja  Stiles,        j 

Which  report  is  accepted  and  approved  by  this  Assembly. 

This  Assembly  grants  to  each  of  the  captains  who  shall  be 
ordered  to  tarry  at  Crown  Point  &c.  thro'  the  winter  the  sum 
of  forty  shillings  per  month,  and  to  each  lieutenant  twerity 
shillings  per  month,  to  commence  from  the  first  day  of 
December  next  and  continue  during  the  time  they  remain  in 
the  service,  in  addition  to  the  pay  already  allowed  for  such 
officers  respectively. 

Resolved  hy  this  Assembly ,  That  his  Honour  the  Governor 
be  desired  to  direct  Joseph  Talcott,  Esqf,  Treasurer  of  this 
Colony,  fortlnvith  to  attend  this  Assembly  and  bring  with 
him  a  sum  in  bills  of  credit  sufficient  to  pay  the  members  of 
this  Assembly  for  their  service  the  present  session. 

Whereas  there  is  in  the  hands  of  Jared  Ingersole,  Esq"",  of 
New  Haven,  a  bond  in  favour  of  the  Governor  and  Com])any 
of  this  Colony  against  Elihu  Hall,  Esq"",  of  Wallingford,  con- 
ditioned for  a  sum  of  about  three  hundred  pounds  on  inter- 
est, that  is  now  due :  This  Assembly  do  appoint  and  fully 
impower  Jared  Ingersole,  Esq"",  aforesaid,  to  ask,  demand, 
sue  for  and  recover  said  sum  of  money  due  on  said  bond,  and 
the  same  when  recovered  to  pay  into  the  public  treasury  of 
this  Colony,  taking  his  receij^t  therefor  and  lodge  the  same 
with  the  Secretary  of  this  Colony. 

This  Assembly  desire  his  Honour  the  Governor  to  write 
to  Sir  Jeffry  Amherst  touching  his  examination  of  the  Col- 
ony's demand  for  victualing  the  troops  raised  and  sent  to  the 
relief  of  Fort  William  Henry  in  August  1757,  which  is 
referred  to  him  by  the  Lords  of  the  Treasury.  And  if  the 
attendance  of  some  person  or  persons  on  Sir  Jeffi'y  to  forward 
the  examination  and  payment  of  the  same  is  thought  needful, 
his  Honour  is  desired  to  authorize  and  send  some  suitable 
person  or  persons  to  him  accordingly. 

Resolved  hy  this  Assembly,  That  the  Treasurer  of  this 
Colony  pay,  and  he  is  hereby  ordered  and  directed  to  pay  out 
of  the  treasury  of  this  Colony  to  Captain  Titus  Hurlbut  the 
sum  of  three  pounds  twelve  shillings  in  full  of  his  account 
for  repairing  the  fort  in  New  London. 

77 


610  PUBLIC    RECORDS  [Oct. 

[4-54]  On  the  petition  of  Thomas  Hnbbard  of  Boston,  Esqf, 
against  Robert  Cook  of  Farmington,  at  the  General  Assem- 
bly at  tlicir  sessions  at  New  Haven  in  October  last  said 
petition  was  negativVl  by  said  Assembly  and  cost  tliei'eon 
was  allowed  in  favour  of  the  said  Rol)ert  Cook,  amounting  to 
the  sum  of  £3  17s.  6d.  which  was  taxed  accordingly,  but  by 
some  means  unknown  the  same  was  lost  and  never  entered 
on  the  records  of  that  sessions:  Whereupon  it  is  ordered 
and  enncted  by  tliis  Assembly,  that  the  said  Rol)ert  Cook 
have  the  aforesaid  cost  of  X3  17s.  6d.  allowed  in  his  favour 
against  tlie  said  Thomas  Hu!)bard,  and  the  same  is  hereby 
allowed  to  be  taxed  and  granted  accordingly.  JEx.  granted 
Jim.  4th,  1762. 

This  Assembly  grants  to  Daniel  Lothrop,  Richard  Hide 
and  Sanniel  Tracy  the  sum  of  six  pounds,  for  their  service  in 
viewing  the  country  to  find  a  road  from  Killingwortli  to 
Norwich  and  a  suitable  place  for  a  ferry  across  Connecticut 
River  for  those  that  travel  such  road,  and  the  Treasurer  is 
ordered  to  pay  the  same  accordingly. 

On  the  petition  of  Jeremiah  Osborn,  of  New  Haven  in  the 
county  of  New  Haven,  vs.  Samuel  Cook  of  New  Haven  afore- 
said, as  surviving  partner  of  Mi'.  Archibald  McNiel  late  of 
said  New  Haven,  deceased,  as  on  file :  The  question  was 
put,  whether  the  prayer  of  said  petition  should  be  granted  : 
Resolved  by  this  Assembly  in  the  negative.  Cost  allowed 
respondent  <£2  15s.  10c?.  lawful  moyiey. 

On  the  petition  of  Joseph  Bishop  and  Keturah  Bishop, 
both  of  Saybrook  in  the  country  of  New  London,  vs.  Abner 
Parker  of  Saybrook  aforesaid,  as  on  file :  The  question  was 
put,  whether  the  prayer  of  said  petition  should  be  granted: 
Resolved  by  this  Assembly  in  the  negative.  Cost  allowed 
respondent  <£1  8s.  2d.  lawful  moyiey.  Ex.  graiited  May  A'Sth 
1762. 

On  the  }>ctition  of  Robert  Barber,  of  Worcester  in  the 
county  of  Worcester  in  the  Province  of  the  Massacluisets 
Bay,  vs.  Timothy  Burbank,  of  Suffield  in  the  county  of 
Hartford,  otherwise  called  Timothy  Burbank  of  Springfield 
in  the  county  of  IIamj)shire  and  Province  aforesaid,  as  on 
file:  Tiie  question  was  put,  whether  the  petitioner  shall  be 
allowed  the  liberty  of  another  tryal  of  his  cause  &c.  as  prayed 
for:  Resolved  by  this  Assembly  in  the  negative.  Cost 
allowed  respondent  <£3  Os.  \0d.  lawful  money.  Ex.  granted 
May  24  1762. 

On  the  petition  of  Timothy  Barker,  of  Branford  in  the 
county  of  New  Haven,  vs.  David  Lcavit,  of  Woodbury  in  the 


1761.]  OP    CONNECTICUT.  Gil 

county  of  Litchfield,  as  on  file :  The  question  was  put, 
whether  the  prayer  of  said  petition  should  be  granted :  Re- 
solved by  this  Assembly  in  tlie  negative. 

This  Assembly  doth  grant  to  the  Honourable  Thomas  Fitch, 
Esq"",  Governor,  one  hundred  and  fifty  pounds  for  his  salary 
the  last  half  of  the  current  year,  and  the  Tieasurer  is  ordered 
to  pay  the  same  accordingly. 

This  Asseml)ly  doth  grant  to  the  Honourable  William 
Pitkin,  Esq"",  Deputy  Governor,  fifty  pounds  for  his  salary 
the  last  half  of  the  current  year,  and  the  Treasurer  is  ordered 
to  pay  the  same  accordingly. 

Resolved  hy  this  Assembly,  That  the  Treasurer  of  this 
Colony  pay,  and  he  is  hereby  ordered  and  directed  to  pay  out 
of  the  treasury  of  this  Colony  to  Mr.  Timothy  Green,  printer, 
for  his  last  half  year's  salary  and  for  all  his  other  services 
done  for  this  Colony  since  the  first  day  of  July  17G1,  the 
sum  of  nineteen  pounds  seven  shillings. 

It  is  resolved.  That  such  petitions,  memorials  and  other 
business  now  lying  before  this  Assembly  not  finished  and 
[435]  determined  be  referred  ||  and  the  same  arc  hereby 
rel'erred  to  the  consideration  of  this  Assembly  in  May  next. 

This  Assembly  appoints  John  Chester,  Daniel  Edwards, 
Esq'%  Col.  Joseph  Pitkin  and  Col.  Sanuicl  Talcott,  to  attend 
his  Honour  the  Deputy  Governor  at  Hartford,  to  hear  the 
records  of  the  acts  and  d(Mngs  of  this  Assembly  publicly 
read  and  see  the  same  signed  by  the  Secretary  as  perfect  and 
com  pleat. 

On  the  petition  of  Samuel  Nash,  of  Goshen  in  the  county 
of  Litchfield,  and  the  rest  of  the  inhabitants  of  said  Goshen, 
vfi.  Solomon  Bnel  of  Litchfield,  one  of  the  }»i'incipal  inhabi- 
tants of  the  said  town  of  Litchfield,  and  the  rest  of  the  in- 
habitants of  said  Litchfield,  as  on  file  :  The  question  was  put, 
whether  anything  should  be  granted  on  said  petition  :  Re- 
solved by  this  Assembly  in  the  negative.  Cost  aUoived  respo)i- 
dents  is  £4  12s.  Od.  Imvful  monei/. 

This  Asseml)ly  is  adjourned  until  the  Governor,  or  in  his 
al)sence  the  Deputy  Governor,  shall  see  cause  to  call  it  to 


meet  again. 


Teste         George   Wyllys    Secret' ry. 


612  PUBLIC   RECORDS  [March, 

[436]        Anno  Regni  Regis  Georgii  tertii  secundo. 

At  a  General  Assembly  of  the  Governor  and  Company 
OP  HIS  Majesty's  English  Colony  of  Connecticut  in  New 
England  in  America  holden  at  New  Haven  in  said 
Colony  (by  special  order  and  appointment  of  his  Honour 
thb  Governor)  on  March  the  fourth  day,  anno  Domini 
1762. 

Present : 
The  Honourable  Thomas  Fitch,  Esq^,  Governor. 
The  Honbie  William  Pitkin,  Esq"",  Deputy  Governor. 

Roger  Newton,  Jabez  Hamlin,  ^ 

Hezekiah  Huntington,        Matthew  Griswold,       -p    ^^ 

Jonathan  Trumble,  Shubael  Conant,         >    a     .  '      , 

John  Chester,  Elisha  Sheldon,  j 

Andrew  Burr,  j 

Representatives  or  Deputies  who  attended  this   Assembly 

are  as  follows,  viz  : 

Col.  Samuel  Talcott,  for  Hartford. 

Mr.  Daniel  Lyman,  Mr.  Samuel  Bishop,  for  New  Haven. 

Capt.  Jeremiah  Miller,  Major  Charles  Bulkley,  for  New  Lon- 
don. 

Mr.  David  Rowland,  for  Fairfield. 

Mr.  Samuel  Gray,  Capt.  Jonathan  Rudd,  for  Windham. 

Col.  Ebenezer  Marsh,  for  Litchfield. 

Capt.  Jabez  Huntington,  Mr.  Isaac  Tracy,  for  Norwich. 

Col.  Jonathan  Hoit,  Mr.  Abraham  Davenport,  for  Stamford. 

Col.  David  Whitney,  Capt.  Charles  Burril,  for  Canaan. 

Mr.  Thomas  Fitch  juu'',  Mr.  Peter  Lockwood,  for  Norwalk. 

Capt.  John  Fowler,  Mr.  John  Herpin,  for  Milford. 

Capt.  John  Strong,  Mr.  Isaac  Lee,  for  Farmington. 

Capt.  Josiah  Bissel,  Capt.  Erastus  Wolcott,  for  Windsor. 

Mr.  Richard  Mather,  Mr.  William  Noyes,  for  Lyme. 

Mr.  Josiah  Convers,  for  Stafford. 

for  New  Hartford. 

Capt.  Daniel  Pain,  Mr.  Manassah  Horsmer,  for  Woodstock. 

Mr.  Jonathan  Dresser,  Mr.  Samuel  Craft,   for  Pomfret. 

Capt.  Samuel  Basset,  Capt.  James  Wheeler,  for  Derby. 

Mr.  Thomas  Russel,  Mr.  Joshua  Pierce,  for  Cornwall. 

Mr.  John  Case,  Mr.  Hezekiah  Humphry,  for  Symsbury. 

Mr.  Zebulon  West,  Mr.  Elisha  Steel,  for  Tolland. 

Major  Amos  Cheesborough,  Capt.  Phineas  Stanton,  for  Ston- 
ington. 

Mr.  Joseph  Sexton,  for  Somers. 

for  Plainfield. 

Mr.  Amos  Babcock,  Capt.  Jedidiah  Fay,  for  Ashford. 


1762.]  OF    CONNECTICUT.  013 

Capt.  John  Beach,  Capt,  Samuel  Nash,  for  Goshen. 

Mr.  Lemuel  Abbot,  for  Ridgfield. 

Capt.  Elnathan  Stevens,  Capt.  Theophilus  Morgan,  for  Killing- 
worth. 

Mr.  Joseph  Wells,  for  Haddam. 

Mr.  Cormfort  Starr,  for  Danburj. 

Mr.  Edward  Collins,  Capt.  Joseph  Olmsted,  for  Enfield. 

Capt.  Obadiah  Johnson,  for  Canterbury. 

Mr.  Simon  Learned,  Capt.  Samuel  Danielson,  for  Killingly. 

Mr.  John  Wells,  foi"  Glassenbury. 

Mr.  Dudley  Woodbridge,  for  Groton. 

Capt.  Jonathan  Belding,  for  Weathcrsfield. 

[437]  for  Harwington. 

Mr.  Joseph  Strong  jun^  Mr.  Phineas  Strong,  for  Coventry. 

Capt.  Timothy  Judd,  Capt.  George  Nichols,  for  Waterbury. 

Capt.  Joel  Wliite,  Capt.  Benjamin  Talcot,  for  Bolton. 

Capt.  John  Williams,  Mr.  John  Pardee,  for  Sharon. 

Mr.  John  Everts,  Mr.  Timothy  Brownson,  for  Salisbury. 

Mr.  Cyrus  Marsh,  Mr.  Nathan  Eliot,  for  Kent. 

Capt.  Samuel  Morgan,  Capt.  Joseph  Tyler,  for  Preston. 

Mr.  Daniel  Bostwick,  Mr.  Bushnel  Bostwick,for  New  Milford. 

Capt.  Joshua  West,  Mr.  William  Williams,  for  Lebanon. 

Col.  Timothy  Stone,  Mr.  Nathaniel  Hill,  for  Guilford. 

Mr.  James  Barker,  for  Branford. 

Mr.  Ichabod  Lewis,  for  Stratford. 

Col.  Elihu  Chauncey,  Capt.  James  Wadsworth,  for  Durham. 

Mr.  Setli  Wetmore,  Mr.  Matthew  Talcott,  for  Middleton. 

Mr.  Dudley  Wright,  for  Colchester. 

Mr.  Charles  Whittlesey,  Capt.  Sanniel  Hull,  for  Wallingford. 

Mr.  Daniel  Sherman,  Col.   Benjamin  Hinman,  for  Woodbury. 

Mr.  Richard  Fairman,  for  New  Town. 

Mr.  William  Hall  jun^  Mr.  Nathan  Arnold,  for  Mansfield. 

Capt.  Robert  Dixon,  Mr.  John  Smith,  for  Voluntown. 

Capt.  Hezekiah  Whittlesey,  Capt.  John  Murdock,  for  Saybrook. 

Col.  Joseph  Spencer,  for  East  Haddam. 

for  Greenwich. 

Mr.  John  Phelps,  for  Hebron. 

Capt.  Samuel  Kent,  Mr.  William  King,  for  Suffield. 

Capt.  Jabez  Huntington,  Speaker  )    of  the  House  of 
Mr.  Abraham  Davenport,  Clerk      )    Representatives. 

An  Act  for  raising  in  this  Colony  by  Enlistment  Twenty-three  hundred 

Men  including  OflBcers  and  for  giving  Directions  concerning  them  and 

for  making  Provision  to  defray  the  Charges  arising  thereby. 

Whereas  his  Honour  the  Governor  hath  laid  before  this  As- 
sembly a  letter  lately  received  from  the  Earl  of  Egremont,  one 
of  his  Majesty's  principal  Secretaries  of  State,  bearing  date 


614  PUBLIC    iiECORDS  •  [March, 

December  12th  A.D.  1761,  *  therein  requiring  him  forthwith 
to  use  his  utmost  endeavours  and  influence  with  the  Assem- 
bly, to  induce  them  to  raise  the  same  number  of  men  they 
raised  for  the  last  year's  campaign,  to  be  employed  under  the 
supreme  command  of  his  Majesty's  Commander-in-Chief  in 
North  America  in  such  manner  as  he  shall  judge  most  con- 
ducive to  the  King's  service  :  And  whereas  altho'  this  Colony  is 
much  weakened  and  exhausted,  both  in  strength  and  treasure, 
by  its  vigorous  exertions  in  several  former  campaigns,  yet  still 
zealous  for  his  Majesties  service  and  animated  with  the  agree- 
able prospect  that  the  future  safety  and  welfare  of  his 
Majesties  dominions  in  America  will  be  fixed  and  secured, 
and  humbly  and  firmly  relying  on  his  Majesties  gracious  en- 
couragement for  a  proper  compensation  of  our  expences  in- 
curred by  this  further  exertion  of  our  strength  for  his  ser- 
vice in  this  important  conjuncture, 

This  Assembly  doth  therefore  enact  and  resolve^  and  it  is 
hereby  enacted  and  resolved,  That  all  necessary  provision  be 
made  for  levying,  cloathing  and  paying  the  same  number  of 
men  as  was  raised  here  for  the  last  year's  campaign,  viz: 
twenty-three  hundred  able-bodied  and  effective  men,  officers 
included,  to  be  raised  by  enlistments  with  all  possible  disjiatch 
within  this  Colony,  to  march  to  such  place  or  places  in  North 
America  as  his  Majesties  said  Commander-in-Chief  shall  ap- 
point. That  the  said  twenty-three  hundred  men  to  be  raised 
[438]  as  aforesaid  ||  shall  be  divided  and  formed,  and  the 
same  are  hereby  ordered  to  be  formed,  into  two  regiments, 
each  regiment  to  consist  of  twelve  companies;  that  for  each 
regiment  be  appointed  one  colonel,  one  lieutenant-colonel,  one 
major,  one  chaplain,  one  surgeon  and  one  surgeon's  mate,  an 
adjutant,  a  quarter-master,  a  serjcant-major  and  a  drum-ma- 
jor, and  for  each  company  one  captain,  two  lieutenants  and 
one  ensign,  four  Serjeants,  foui-  corporals,  a  drummer  and  a 
clerk,  and  that  each  of  the  field  officers  have  also  the  com- 
mand of  a  company  as  captain  thereof.  And  the  Governor 
or  Commander-in-Chief  is  desired  as  soon  as  may  be  to  give 
orders  to  the  several  enlisting  officers  to  raise  by  enlistment 
with  the  utmost  dispatch  the  levys  for  filling  up  and  compleat- 
ing  the  said  regiments  and  companies  for  the  purpose  afoie- 
said. 

And,  to  induce  both  officers  and  men  chearfully  and 
speedily  to  engage  and  enlist  into  this  service,  this  Assembly 
do  resolve  and  grant,  that  each  enlisting  officer  shall  receive 


*  Printed  in  Documents  relating  to  the  Colonial  History  of  New  York,  VII,  481, 
R.  1.  Col.  Records,  VI,  296. 


1762.]  OF    CONNECTICUT.  615 

for  every  able-bodied  man  by  him  enlisted  who  shall  pass 
muster,  the  sum  of  five  shillings  as  a  reward  for  that  service 
and  expence  therein;  and  that  every  altle-hodied  man,  as 
well  non-commission  officer  as  private  soldier,  who  shall  vol- 
untarily enlist  for  this  service  in  either  of  the  regiments 
aforesaid,  and  shall  provide  himself  with  suitable  cloathing 
to  the  acceptance  of  the  muster-master,  shall  on  his  being 
mustered  be  entituled  to  and  receive  the  sum  of  seven  pounds 
in  bills  of  this  Colony;  and  each  man  enlisting  shall  as  a 
further  encouragement  be  paid  thirty-five  shillings  bills  as 
aforesaid  for  the  purpose  of  procuring  a  lapelled  coat  for  said 
service  ;  and  in  case  any  shall  not  properly  furnish  himself 
with  the  articles  aforesaid,  his  captain  shall  supply  him  or 
them  therewith  out  of  the  said  bounty  and  then  pay  iiim  the 
remainder,  if  any  be.  And  for  a  further  encouragement  to 
both  officers  and  soldiers,  they  ami  each  of  them  shall  receive 
a  blanket  and  knapsack  suitable  for  the  service,  to  be  deliver- 
ed in  the  most  convenient  place  or  places,  and  shall  iiave  one 
month's  pay  advanced  before  they  move  out  of  this  Colony. 

And  be  it  further  enacted  and  resolved,  That  tlie  pay  of 
both  olficers  and  private  soldiers  in  the  ensuing  campaign 
shall  be  the  same  as  was  fixed  and  stated  the  last  year  accord- 
ing to  the  ranks  they  shall  respectively  sustain:  such  pay  to 
begin  on  the  day  of  their  engaging  and  enlisting  in  the  service, 
and  to  continue  during  the  time  they  remain  therein;  and 
that  they  shall  be  discharged  as  soon  as  his  Majesties  service 
will  admit,  and  not  be  holden  beyond  the  last  day  of  Novem- 
ber next.  And  his  Honour  the  Governor  is  desired  to  issue 
his  proclamation  for  acquainting  them  with  the  several  en- 
couragements given  for  inducing  men  to  engage  and  enter 
into  this  important  service  for  their  King  and  country. 

And  whereas  large  sums  of  money  will  be  nccessaiy  for  the 
purj)oses  aforesaid,  which  the  public  treasury  (exhausted  by 
the  large  cxpences  occasioned  in  several  late  campaigns)  is 
wholly  unable  at  present  to  supply:     Therefore, 

Be  it  further  enacted.  That  there  be  forthwith  imprinted 
the  sum  of  sixty-five  thousand  pounds  in  bills  of  credit  on  this 
government  equal  to  lawful  money,  of  suitable  denominations 
from  nine  pence  to  forty  shillings  as  the  committee  herein  ap- 
pointed shall  direct,  and  of  the  same  tenor  of  the  emissons 
of  bills  of  credit  of  this  Colony,  with  interest  at  five  per  cent, 
per  amium,  payable  at  or  l)efore  the  4th  day  of  March  1767, 
dated  the  day  of  the  sessions  of  tliis  Assembly.  And  the 
Honi^'e  William  Pitkin,  Esq"",  John  Chester,  Daniel  Edwards, 
and  George  Wyllys,  Esqt's,  or  any  three  of  them,  are  appoint- 
ed a  committee  for  the  purpose  aforesaid,  and  to  take  care 


616  PUBLIC   RECORDS  [March, 

that  said  bills  be  printed  with  all  convenient  speed,  and  to 
sign  and  deliver  over  the  same  to  the  Treasnrer,  taking  his 
receipt  therefor.  And  the  said  committee  sliall  be  sworn  to 
the  faitbfnl  discliarge  of  their  said  trust.  And  the  Treasnrer 
is  hereby  directed  to  pay  out  all  the  aforesaid  bills  with  the 
interest  computed  thereon  according  to  the  orders  of  this 
Asseml)ly. 

[439]  And  for  providing  and  establishing  an  ample  and 
sufficient  fund  to  call  in,  sink  and  discharge  the  aforesaid 
sum  of  sixty-five  thousand  pounds,  according  to  an  act  of 
Parliament  made  in  the  24th  year  of  his  late  Majesties  reign, 
intituled  An  act  to  regulate  and  restrain  paper  bills  of  credit 
in  his  Majesty's  Colonies  of  Rhode  Island  and  Providence 
Plantations,  Connecticut,  the  Massachusets  Bay  and  New 
Hampshire  in  America,  and  to  prevent  the  same  being  legal 
tenders  in  jiayments  of  money, 

Be  it  enacted,  That  a  tax  of  six  pence  on  the  pound  be  and 
is  hereby  granted  and  ordered  to  be  levied  on  all  the  polls  and 
rateable  estate  in  this  Colony,  according  to  the  list  thereof  to 
he  brought  into  this  Assembly  in  October  1763,  with  the  ad- 
ditions, which  shall  be  collected  and  paid  into  the  treasury  of 
this  Colony  l»y  the  last  day  of  Dcccml)er  1764  ;  and  that  one 
other  tax  of  eight  pence  on  the  pound  be  and  the  same  is 
hereby  granted  and  ordered  to  be  levied  on  all  the  polls  and 
rateable  estate  in  this  Colony,  according  to  the  list  thereof  to 
be  brought  in  to  this  Assembly  in  October  1765,  with  the  ad- 
ditions, which  shall  be  collected  and  paid  into  the  treasury  of 
this  Colony  by  the  last  day  of  December  1766;  which  taxes 
may  be  discharged  by  paying  the  bills  emitted  by  this  act,  or 
lawful  money,  and  no  otherwise.  And  the  Treasurer  of  this 
Colony  is  hereby  ordered  and  directed  to  send  forth  his  war- 
rants for  collecting  the  aforesaid  taxes  accordingly. 

And  whereas  this  Assembly  humbly  rely  on  a  reimburse- 
ment of  the  charges  arising  from  this  present  intended  expe- 
dition, in  consequence  of  his  Majesties  royal  encouragement 
to  recommend  the  same  to  Parliament,  and  the  money  there- 
for may  Ije  expected  before  the  time  appointed  for  collect- 
ing tlie  afore-mentioned  tax  of  eight  pence  on  the  pound: 
Therefore, 

Be  it  enacted  hy  the  authority  aforesaid,  That  in  case  a  sum 
sufficient  for  sinking  and  discharging  such  part  of  the  bills 
emitted  by  this  act  as  are  to  be  sunk  and  discharged  by  said 
tax  of  eight  pence  be  reimbursed  and  shall  arrive  from  Great 
Britain  and  be  lodged  in  the  treasury  of  this  Colony,  or  shall 
be  otherwise  paid  before  the  Treasurer  shall  have  been 
obliged  according  to  the  directions  of  this  act  to  send  out  his 


1762.]  OF    CONNECTICUT.  617 

warrant  to  collect  the  aforesaid  tax  of  eight  pence,  then  and 
in  such  case  the  same  shall  be  and  is  hereby  approjiriated  for 
sinking  and  discharging  the  bills  aforesaid,  and  the  Treasurer 
is  hereby  directed  to  govern  himself  and  pay  out  the  same  ac- 
cordingly; and  the  said  tax  of  eight  pence,  which  otherwise 
by  this  act  before  ordered  to  he  collected,  is  hereby  made  null 
and  void. 

And  whereas  this  Colony  is  very  drcincd  of  money,  and  an 
emission  of  a  larger  sum  of  bills  of  credit  may  tend  to  lessen 
their  value,  and  a  further  supply  of  the  treasury  is  necessary 
on  the  present  occasion :  Therefore  this  Assembly  gi-ants  and 
orders  a  rate  or  tax  of  two  pence  three  farthings  on  the  pound 
on  all  the  polls  and  rateable  estate  in  this  Colony,  according 
to  the  list  thereof  brought  in  to  this  Assemljly  in  October  last 
with  the  additions,  to  be  collected  and  paid  by  the  last  day  of 
December  next  in  lawful  money  or  bills  of  credit  of  this 
Colony.  And  the  Treasurer  is  hereby  directed  -to  send  out 
his  warrant  accordingly. 

And  it  is  further  resolved  and  ordered,  That  whenever  any 
pay-master  of  the  money  due  on  settlement  of  any  pay-roll  of 
any  of  ihc  companies  employed  in  the  service  of  the  current 
year  shall  have  obtained  orders  on  the  Treasurer  therefor  and 
the  same  exliibited  for  payment,  the  Treasurer  may  on  sight 
make  out  orders  on  the  constal)les  collectors  of  the  jmblic  tax 
in  such  town  or  towns  whence  the  soldiers  named  in  such  rolls 
were  collected  or  that  may  l)e  most  convenient  to  facilitate  the 
payment  to  be  made  to  such  pay-master  or  his  order  on  such 
town  or  towns,  to  the  amount  of  such  pay-roll  or  such  part 
thereof  as  shall  be  needful,  which  orders  such  collectors  are 
directed  to  answer  in  such  manner  as  may  be  most  practi- 
cable and  satisfactory.  And  the  Treasurer  is  also  directed  to 
keep  clear  accounts  of  all  such  orders,  and  see  that  each  con- 
stable either  by  money  or  return  of  such  orders  duly  dis- 
chai-ged  seasonably  settle  and  make  up  his  accounts  with  him 
accoi-ding  to  law. 

And  whereas  there  is  moneys  in  Great  Britain  belonging  to 
tliis  Colony,  partly  of  the  sum  already  distributed  for  the  ser- 
vices of  the  year  1759,  and  partly  what  is  or  may  be  distribu- 
ted for  the  services  of  the  year  1760,  not  yet  ajtpropriated, 
and  which  may  probably  be  received  in  season  and  used  for 
lessening  the  taxes  laid  on  the  list  Ijrought  into  this  Assembly 
in  October  last  for  sinking  and  discliarging  the  bills  of  credit 
emitted  in  February  and  May  1759:     Therefore, 

Be  it  enacted  hy  the  authoriti/  aforesaid,  That  whatever 
money  granted  by  Parliament  for  the  services  of  this  Colony 

78 


618  PUBLIC   RECORDS  [March, 

in  the  year  1759  and  1760,  that  is  not  already  appropriated 
for  sinking  and  discharging  bills  of  credit  emitted  in  March 
1758,  March  1759,  and  March  1760,  shall  be  and  is  hereby 
[•140]  appropriated  for  sinking  and  ||  discharging  the  bills  of 
credit  emitted  in  May  1759,  and  so  far  as  it  will  go  towards 
the  bills  emitted  in  February  1759.  And  in  case  a  sum  of 
the  money  thereby  appropriated  sufficient  for  sinking  and  dis- 
charging the  bills  of  credit  emitted  in  May  1759  shall  arrive 
from  Great  Britain  and  be  lodged  in  the  treasury  of  this  Colony, 
or  shall  be  otherwise  paid,  before  the  Treasurer  shall  be  obliged 
according  to  the  direction  of  the  act  of  Assembly  in  May  1759, 
to  send  out  his  warrant  to  collect  the  tax  of  two  pence  one 
farthing  on  the  pound  granted  for  the  sinking  the  bills  of 
credit  emitted  by  said  act  of  Assembly,  then  and  in  such  case 
the  same  shall  be  and  is  hei'eby  appropriated  for  sinking  and 
discharging  the  bills  aforesaid,  and  the  Treasurer  is  hereby 
directed  to  govern  himself  and  pay  out  the  same  accordingly  ; 
and  the  said  tax  of  two  pence  one  farthing,  which  otherwise 
by  the  said  act  of  Assembly  is  ordered  to  be  collected,  is  here- 
by made  null  and  void.  And  the  direction  of  whatsoever 
money  may  tlien  remain  towards  sinking  the  bills  emitted  in 
February  1759  is  referred  to  the  after  consideration  of  this 
Assembly. 

This  Assembly  do  appoint  Phineas  Lyman,  Esq^  to  be 
Major-General  of  the  forces  ordered  to  be  raised  in  this 
Colony  for  the  ensuing  campaign,  and  desire  he  may  be  com- 
missioned accordingly. 

This  Assembly  do  appoint  Phineas  Lyman,  Esq"",  to  be 
Colonel  of  the  first  regiment  in  the  forces  to  be  raised  in  this 
Colony  for  the  service  of  the  current  year.* 

This  Assembly  do  appoint  Israel  Putnam,  Esq"",  to  be  Lieu- 
tenant-Colonel of  the  first  regiment  to  be  raised  in  this  Colony 
for  the  service  of  the  current  year. 

This  Assembly  do  appoint  John  Durgee,  Esq"",  to  be  Major 
of  the  first  regiment  to  be  raised  in  this  Colony  for  the  ser- 
vice of  the  current  year. 

This  Assembly  do  appoint  Nathan  Whiting,  Esq"",  to  be 
Colonel  of  the  second  regiment  to  be  raised  in  this  Colony  for 
the  service  of  the  current  year. 

This  Assembly  do  appoint  James  Smedly,  Esq"",  to  be 
Lieutenant-Colonel  of  the  second  regiment  to  be  raised  in  this 
Colony  for  tlie  service  of  the  current  year. 

This  Assembly  do  appoint  David  Baldwin,  Esq-",  to  be  Major 

*  Eleven  companies  of  this  regiment,  joined  the  fatal  expedition  against  the 
Havana. 


17G2.]  OF    CONNECTICUT.  619 

of  the  second  regiment  to  be  raised  in  this  Colony  for  the  ser- 
vice of  the  current  year. 

This  Assembly  do  appoint  Phineas  Lyman,  Esqj,  Captain, 
Roger  Enno  1st  Lieutenant,  Elihu  Humphry  2d  Lieutenant, 
Ozias  Bissell  Ensign,  of  the  first  company. ^^ 

Israel  Putnam,  Esq^  Captain,  Solomon  Wills  1st  Lieuten- 
ant, Alexander  Chalker  2d  Lieutenant,  James  Pitkin  Ensign, 
of  the  second  company.'' 

John  Durkee,  Esq"",  Captain,  John  Wheatly  1st  Lieutenant, 
Jehiel  Peck  2d  Lieutenant,  Elihu  Hide  Ensign,  of  the  third 
company.'^ 

John  Patterson  Captain,  David  Andruss  1st  Lieutenant, 
Francis  Hollister  2d  Lieutenant,  Samuel  Wright  Ensign,  of 
the  fourth  company. <i 

John  Stanton  Captain,  William  Roe  Minor  1st  Lieutenant, 
James  Brown  2d  Lieutenant,  William  Dennison  junf  Ensign, 
of  the  fifth  company. « 

[411]  Timothy  Hierlehy  Captain,  William  Starr  1st  Lieu- 
tenant, Stephen  Scovel  2d  Lieutenant,  Joseph  Booth  Ensign, 
of  the  sixth  company. ^ 

Noah  Humphry  Captain,  Daniel  Griswold  1st  Lieutenant, 
Moses  Hall  2d  Lieutenant,  Stephen  Downer  jun""  Ensign,  of 
the  seventh  company. g 

Zebulon  Butler  Captain,  James  Chapman  jun"'  1st  Lieuten- 
ant, Isaac  Thomson  2d  Lieutenant,  Samuel  Bishop  junf  En- 
sign, of  the  eighth  company. ^ 

Giles  Wolcott  Captain,  James  Wells  1st  Lieutenant, 
William  Thompson  2d  Lieutenant,  Jacob  Ward  Ensign,  of  the 
nijith  company.' 

"Roger  Enos  was  Adjutant  to  Anp:.  13,  when  he  was  succeeded  by  Elihu 
Humphrey.  William  Roe  Minor  was  C-aptain-Lieutenant  from  Sept.  14.  Na- 
thaniel Humphrey  was  Ensign  from  Sept.  15.  In  this  company  were  134  pri- 
vates, of  whom  4.3  died  in  tiie  service. 

*■  Isaac  Dana  was  Ensign.  He  died  Dec.  27.  In  this  company  were  106  men, 
of  whom  75  died. 

'Moses  Park  was  1st  Lt.  from  Sept.  13.  He  was  also  regimental  quarter- 
master. Jcdidiah  Hide  served  as  Ensign  to  Sept.  6,  and  was  succeeded  by 
Jose])h  Anderson. — 93  men,  29  deaths. 

''  Capt.  Patterson  died  Sept.  .5,  and  was  succeeded  by  Roger  Enos.  Lt.  And- 
rus  died  Nov.  30.  Samuel  Wright  was  promoted  Lieutenant  Sept.  15,  in  place 
of  Hollister,  transferred,  and  Jesse  Belknap  appointed  Ensign. — 91  men,  37 
deaths. 

'Capt.  Stanton  died  Sept.  13,  and  was  succeeded  by  Capt.  John  Wheatley. 
Lt.  Minor  was  succeeded  Sept.  14  by  Francis  Hollister.  Lt.  Brown  died  Aug. 
31  and  was  succeeded  Sept.  7  by  Jedidiah  Hide.  John  Chamberlain  was 
Ensign  from  Sept.  14. — 90  men,  40  deaths. 

f  David  Johnson  was  Ensign  of  this  company. — 80  men,  24  deaths. 

K  James  Pitkin  was  2d  Lieutenant.  He  died  Nov.  25.  Ensign  Downer  died 
Aug.  26.-59  men,  31  deaths 

•>  Lt.  Thompson  died  Nov.  7. — 91  men,  26  deaths. 

'  Robert  Durkee  served  as  Captain  of  this  company.  Lt.  Thompson  died  Nov. 
3. — 92  men,  37  deaths. 


620  PUBLIC   RECORDS  [March, 

Hugh  Lcdlie  Captain,  Josiali  Smith  1st  Lieutenant,  Tliomas 
Knollon  2d  Lieutenant,  Stephen  Richardson  Ensign  of  the 
tenth  company > 

Jolm  Sp'akling  Captain,  Samuel  Mott  1st  Lieutenant,  John 
Smitli  jun''  2d  Lieutenant,  Penuel  Levins  Ensign,  of  the 
eleventli  company. '^ 

Setli  King  Captain,  Hezekiah  Smith  1st  Lieutenant,  Moses 
Park  2d  Lieutenant,  Orlando  Mack  jun''  Ensign,  of  the 
twelfth  company  in  the  first  regiment. ^ 

And, 

Nathan  Whiting,  Esq"",  Captain,  Abraham  Foot  Captain- 
Lieutenant,  Daniel  Chatfield  Lieutenant,  Timothy  lluggles 
Ensign,  of  the  first  company. 

James  Smedley,  Esq'",  Captain,  Noble  Benedict  1st  Lieu- 
tenant, Benjamin  Summers  2d  Lieutenant,  David  Rumsey 
Ensign,  of  the  second  company. 

David  Baldwin,  Esqs  Captain,  James  Arnold  1st  Lieuteji- 
aiit,  John  Perrit  2d  Lieutenant,  Samuel  Adams  Ensign,  of 
the  third  company. ^ 

Samuel  Whiting  Captain,  Nathan  Tibbalds  1st  Lieutenant, 
Anthony  Carpenter  2d  Lieutenant,  Joel  Bonny  Ensign,  of  the 
foui-th  company.*^ 

Thomas  Hol)by  Captain,  Jabez  Hall  1st  Lieutenant,  Moses 
Smith  2d  Lieutenant,  Matthew  Mead  Ensign,  of  the  fifth  com- 
pany. 

Amos  Hitchcock  Captain,  Levi  Wells  1st  Lieutenant, 
James  Sparrow  2d  Lieutenant,  Benjamin  Hecock  Ensign,  of 
the  sixth  company. 

[442]  Joel  Clark  Captain,  Josiah  Stow  1st  Lieutenant, 
John  Collins  2d  Lieutenant,  Oliver  Welton  Ensign,  of  the 
seventh  company.^ 

Samuel   Elmor   Captain,  Nathaniel  Buel   1st  Lieutenant, 


"This  company  did  not  ^o  to  Havana,  but  served  with  the  2d  regiment  at 
Crown  Poiiit.  Josiah  Smith  did  not  act  as  Lt.  but  John  Avery  filled  that  place 
for  a  time 

''  Capt.  Spaldiiifi  died,  and  the  pay-roll  of  the  company  is  not  found.  Lt.  John 
Avery  was  assigned  to  this  compar.y  but  on  account  of  sickness  did  not  arrive  in 
New  York  in  time  to  sail  with  the  regiment.  He  was  appointed  a  recruiting  utH- 
cer  to  raise  men  to  fill  up  the  regular  regiments.  He  joined  Col.  Whiting's 
regiment  in  September.     There  were  89  men  in  this  company. 

<=  Capt.  King  died  Dec.  2.3.  William  Harker  was  1st  Lt.  of  this  company, 
and  William  l)cnison  succeeded  Moses  Tark  as  2d  Lt.  Sept.  16. — 76  men,  41 
deaths. 

Tlie  number  of  men  in  each  company  is  taken  from  tiie  accounts  of  the  cap- 
tains, and  the  diatlis  from  the  pay  rolls  ])rescrved  in  War,  vol.  X.  There  were 
a  few  deserters,  and  some,  who  for  various  causes  did  not  join  the  regiment,  were 
assigned  to  Col.  Whiting's  regiment. 

''  Moses  Holt,  served  as  Ensign  of  this  com])any,    War,  X,  35. 

"  Ebeuezer  Dibble  was  Ensign  of  this  company. 

'Kldad  Lewis  was  Captain  and  Samuel  Judd  1st  Lt.  of  this  company. 


1762.]  OF    CONNECTICUT.  621 

James  Stewart  2d  Lieutenant,  Samuel  Hide  Ensign,  of  the 
eighth  company. 

Arcliibald  McNiel  Ca])tain,  Isaac  Moss  1st  Lieutenant,  In- 
crease Mosely  jun'"  2d  Lieutenant,  Elisha  Blinn  Ensign,  of  the 
ninth  company. 

Azel  Fitch  Captain,  Daniel  Molten  1st  Lieutenant,*  Asa 
Richardson  2d  Lieutenant,  Ilezekiah  Holdridge  Ensign,  of  the 
tenth  company. 

Thomas  Pierce  Ca])tain,  Nehemiah  Dickcrson  1st  Lieuten- 
ant, Isaac  Sherman  Kimberly  2d  Lieutenant,  Josiah  Baldwin 
jun''  Ensign,  of  the  eleventh  company. 

Joseph  Hoit  Captain,  Josiah  Stebbins  1st  Lieutenant, 
Stephen  Merwin  2d  Lieutenant,  Stephen  Ilanford  Ensign,  of 
the  twelfth  company  in  the  second  regiment  in  the  forces 
now  ordered  to  be  raised  for  the  service  of  the  ensuing  cam- 
paign, and  desire  they  may  be  commissioned  accordingly. 
And  in  case  any  of  the  above-named  persons  shall  refuse  to 
engage  therein,  his  Honour  the  Governor  is  hereby  desired  to 
fill  such  vacancy  and  give  commissions  accordingly. 

Resolved  by  this  Assembly,  That  his  Honour  the  Governor 
be  desired  and  he  is  hereby  desired,  to  appoint  and  by  proper 
warrants  to  impower  two  chaplains,  two  surgeons  and  two 
surgeon's  mates  to  attend  the  regiments  to  be  raised  in  this 
Colony  by  order  of  this  Assembly  for  the  service  of  the  cur- 
rent year.f 

This  Assemldy  do  appoint  Hezekiah  Huntington,  Jabez 
Hamlin,  John  Hubbard  and  Tlieophilus  Nichols,  Esqi's,  Com- 
missaries to  provide  blankets,  knapsacks,  hospital  stores,  and 
other  things  usual  for  them  to  provide  for  the  forces  ordered 
by  this  Assembly  to  be  raised  for  his  Majesties  service  the 
current  year.  And  the  Committee  of  the  Pay-Table  are  here- 
by ordered  to  draw  on  the  Treasurer  of  this  Colony  for  such 
sums  of  money  as  shall  be  necessary  for  the  purposes  above- 
said. 

An  Act  for  securing  Soldiers  listed  and  taken  into  his  Majesties  Service 

from  Arrests. 

Whereas  a  number  of  ti-oops  may  be  raised  in  this  Colony 
for  liis  Majesties  service  who  may  be  liable  to  be  taken  out  of 
such  service  by  unjust  or  fraudulent  arrests,  whereby  his 
Majesty  and  the  public  may  be  deprived  of  their  service: 
Which  to  prevent, 

Be  it  eiiacted  by  the  Grovernor,  Council  and  Representatives, 

*  Daniel  Monlton  was  Quarter-Master  of  the  regiment. 

tRev.  John  Graham  was  Ciiaplain,  Elisha  Lord  Surgeon,  Nathaniel  Hnbhard 
(died  Oct.  1,)  and  Eliakim  Fish  Surgeon's  Mates  of  the  1st  regiment;  Rev. 
Nathaniel  Taylor  chaplain,  and  Timothy  Collins  Surgeon,  of  the  2d  regiment. 


622  PUBLIC   RECORDS  [March, 

in  Grevieral  Court  assembled,  and  by  the  authority  of  the  same, 
Tliat  no  person  whatsoever,  who  is  duly  enlisted  or  shall  so 
list  and  enter  himself  a  volunteer  into  his  Majesties  service 
[443]  during  the  continuance  of  this  act,  shall  be  liable  ||  to 
be  taken  out  of  his  Majesty's  service  ])y  any  process  or  execu- 
tion other  than  for  some  criminal  matter,  unless  for  a  real 
debt  or  other  just  cause  of  action  arisen  before  their  entry  in- 
to such  service,  and  unless  before  tlie  taking  ont  of  such  jiro- 
ccss  or  execution,  not  being  for  a  criminal  matter,  the  plain- 
tiff or  plaintiffs  therein,  or  some  other  person  or  persons  on 
his  or  their  behalf,  shall  make  oath  before  the  authority  or 
officer  granting  sucli  process  or  execution,  who  are  impower- 
ed  to  administer  the  same,  or  before  some  other  proper  au- 
thority, that  to  his  or  their  knowledge  the  original  sum  justly 
due  or  owing  to  the  plaintiff  or  plaintiffs  from  the  defendant 
or  defendants  in  such  action  or  cause  of  action  on  which  such 
process  or  execution  shall  issue,  amounts  to  the  vahie  of  ten 
pounds  sterling  at  least,  a  memorandum  of  which  affidavit 
shall  be  entered  on  the  back  of  such  process  or  execution. 
Aiul  if  any  person  shall  be  arrested  contrary  to  the  intent  of 
this  act,  it  shall  and  may  be  lawful  for  any  one  Assistant  and 
one  justice,  or  two  justices  (quorum  unus,')  upon  com]>laint 
made  thereof  by  the  ])arty  himself  or  by  any  of  his  superior 
officers,  to  examine  into  the  same  by  the  oath  of  the  parties  or 
otherwise,  and  by  wai-rant  under  their  hands  to  discharge 
such  soldier  so  arrested  contrary  to  the  intent  of  this  act  upon 
due  proof  nuide  before  them  that  such  soldier  so  arrested  was 
legally  inlisted  as  a  soldier  into  his  Majesty's  service  and 
arrested  contrary  to  the  intent  of  this  act,  and  to  award 
reasonable  costs  to  the  party  complaining,  and  grant  execu- 
tion therefor  accordingly. 

Provided  nevertheless^  That  nothing  in  this  act  shall  be 
construed  to  extend  to  prohibit  or  hinder  any  process  or  exe- 
cution going  out  against  the  estate  of  such  soldier  or  soldiers 
in  due  form  of  law.  Provided  also,  that  this  act  continue  in 
force  until  the  end  of  the  session  of  this  Assembly  in  October 
next,  and  no  longer. 

Whereas  his  Honour  the  Governor  hath  laid  before  this 
Assembly  a  letter  received  from  the  Earl  of  Egremont,  one  of 
his  Majesties  principal  kSecretaries  of  State,  bearing  date 
December  12th  1761,*  therein  signifying  the  King's  pleasure 
that  he  exert  his  utmost  influence  to  induce  this  Colony  to 
use  proper  measures  to  encourage  the  raising  recruits  to  fill 
the  regular  regiments  sent  to  America  and  serving  in  this 

*  New  York  Colonial  Documents,  VII,  482. 


1762.]  OP    CONNECTICUT.  623 

country  for  the  defence  and  protection  of  his  Majesties  sub- 
jects here  to  their  full  complement  of  effectives,  in  compliance 
with  the  requisition  which  Sir  Jeffery  Amherst  in  conse- 
quence of  his  Majesties  orders  should  make  relative  thereto 
for  furnishing,  on  certain  conditions  which  he  would  explain, 
such  a  number  of  recruits  from  this  Colony  as  he  should  re- 
quire towards  compleating  the  regular  corps  ;  as  also  a  letter 
from  Sir  Jeffery  Amherst,  beaiing  date  February  21st  1702, 
proposing  as  an  encouragement  to  induce  the  men  to  enter  in- 
to the  said  service,  that  he  will  allow  five  pounds  New  York 
currency  bounty  money  to  each  man  not  under  eighteen  nor 
above  forty  years  of  age,  who  shall  enlist  to  serve  during  the 
war  or  until  the  regiments  return  to  Europe,  that  they  shall 
be  cloathed  and  enter  into  immediate  pay,  and  at  the  expira- 
tion of  their  time  shall  be  sent  back  to  their  respective  homes, 
and  moving  this  government  to  grant  further  encouragement 
to  a  number  of  men  in  this  Colony  to  go  into  such  service  by 
paying  an  additional  bounty  to  induce  them  to  inlist  them- 
selves therein ;  and  this  Assembly  taking  into  consideration 
the  high  importance  of  the  service  which  makes  the  subject  of 
said  letters,  his  Majesty's  tender  and  paternal  care  for  the 
welfare  and  security  of  his  subjects  in  these  parts  of  liis 
dominions,  and  the  circumstances  of  this  Colony  greatly  im- 
poverished by  the  necessary  exertions  zealously  made  in  his 
service  for  sundry  years  past,  and  their  duty  to  exert  thein- 
selvcs  to  the  utmost  of  their  abilities  in  a  measure  which  it 
has  pleased  the  King  to  signifie  he  has  so  much  at  lieai-t  for 
our  security  and  advantage : 

It  is  thereupon  resolved  hy  this  Assembly^  That  encourage- 
ment be  and  is  hereliy  ordered  to  be  given  to  the  number  of 
five  hundred  and  seventy-five  effective  men  in  this  Colony, 
not  under  eighteen  nor  above  forty  years  of  age,  to  inlist 
themselves  for  said  service  that  the  sum  of  five  pounds  l)e 
allowed  and  paid  as  an  additional  bounty  to  each  man 
voluntarily  inlisting  himself  to  serve  therein  who  shall  be 
[444]  approved  and  allowed  to  receive  the  bounty  and  reward 
promised  by  the  King's  Commander-in-Chief,  as  is  before 
mentioned;  that  the  Governor  be  and  lie  is  hereby  desired  to 
give  all  necessary  orders  concerning  the  same;  that  the  Com- 
mittee of  the  Pay-Table  draw  orders  on  the  Treasurer  of  this 
Colony  to  pay  to  such  officer  or  officers  as  the  Governor  shall 
appoint  such  sum  or  sums  of  money  as  he  shall  order  and  di- 
rect, taking  proper  security  from  such  officer  or  officers  for 
his  or  their  using  the  same  to  the  purpose  and  according  to 
the  intention  of  tliis  act  and  render  his  or  their  account  for 
whatsoever  money  may  remain  in  his  or  their  hands  not  used 


624  PUBLIC   RECORDS  [March, 

for  such  purpose  and  settle  the  same  with  said  committee  by 
the  15th  day  of  June  next  and  pay  to  the  Treasurer  the  sum 
or  sums  as  shall  be  found  due  to  the  Colony,  taking  his  receipt 
therefor. 

Whereas  John  Hubbard,  Thomas  Darling,  John  Whiting, 
William  Greenough  and  Enos  Ailing,  a  committee  appointed 
by  the  county  court  in  the  county  of  New  Haven  to  build  a 
new  Court  House,  have  represented  that  by  the  advice  of 
some  of  the  principal  inliabitants  of  this  Colony  and  by  the 
direction  of  said  county  court  they  had  laid  a  foundation  for 
an  elegant  and  convenient  building  with  a  view  to  the  better 
accommodation  of  the  General  Assembly  to  meet  in,  as  well 
as  for  the  superior  and  county  court,  and  that  they  had 
already  expended  to  the  amount  of  about  twelve  hundred 
pounds,  and  that  they  are  not  al)le  to  finish  the  same  without 
the  assistance  of  this  Assembly:  Resolved  by  this  Assembly, 
that  one  third  part  of  the  charge  of  building  and  compleating 
said  house  shall  be  paid  out  of  the  Treasury  of  this  Colony, 
on  account  of  the  improvement  of  said  house  for  the  General 
Assembly  to  meet  in;  and  the  Ti-easurer  of  this  Colony  is 
hereby  ordered  to  ])ay  out  of  the  treasury  unto  said  committee 
or  their  order  the  sum  of  one  thousand  poinds  bills  of  credit 
of  this  Colony,  taking  their  receipt  therefor  to  account  for 
tlie  same.  And  a  copy  of  this  act  shall  be  the  Treasurer's 
sufficient  warrant  for  tlie  payment  thereof. 

Whereas  the  inhabitants  of  the  town  of  Windsor  liy  Iheir 
memorial  have  represented  to  this  Assembly  that  the  General 
Assembly  of  this  Colony  at  their  session  in  May  A.D.  1760, 
did  order  and  decree  that  the  inliabitants  of  said  Windsor 
should  repair  and  support  the  bridge  across  Windsor  River,* 
so  called,  and  wlien  the  present  l)ridge  should  fail  build  an- 
other &c.;  that  the  present  bridge  is  gone  to  decay  and  it  is 
become  necessary  forthwith  to  build  anotlier  bridge  etc.,  and 
that  the  circumstances  of  said  town  is  such  as  render  it  ex- 
tremely difficult  to  raise  money  to  defray  the  cxpencc  of 
building  the  same;  praying  for  liberty  to  set  u\)  a  lottery  for 
that  purpose  &c.:  Resolved  by  this  Asscml)ly,  that  liberty  be 
and  is  hereby  granted  for  a  lottery  for  the  raising  the  sum  of 
two  hundred  and  fifty  ]»ounds,  to  be  used  for  the  ])urpose  of 
building  a  bridge  on  said  river,  and  also  the  sum  oC  thirty 
pounds  for  defraying  tlie  charge  thereof:  j)rovided  said  town 
of  Windsor  by  their  vote  or  otherwise  make  eftectual  security 
to  take  upon  tliemsclvcs  the  sole  risque  of  all  ihe  tickct.s  that 
may  remain  unsold  upon  the  first  day  of  Octol)Ci"  next,  and 
that  the  drawing  said   lottery   begin    on   the  said    first  day 

*  Travel,  II,  369  b.  371. 


1762.]  OF    CONNECTICUT.  625 

of  October  next,  and  that  the  deduction  on  the  fortmiate 
tickets  be  fifteen  pounds  per  cent ;  and  that  William  Wolcott 
and  Erastus  Wolcott,  Esq^^  and  Capt.  Josiah  Bissel  and  Mr. 
Alexander  Wolcott  be  and  hereby  are  appointed  managers  of 
said  lottery,  and  that  they  shall  be  sworn  to  a  faithful  dis- 
charge of  said  trnst  and  shall  be  allowed  said  sum  of  thirty 
pounds  for  their  trouble  and  expence  in  conducting  the  same; 
and  that  said  sum  raised  for  the  building  said  bridge  as  afore- 
said lie  by  said  managers  delivered  to  such  person  or  persons 
as  said  town  of  Windsor  shall  ai>point  to  receive  the  same,  to 
be  used  and  improved  to  the  purpose  aforesaid. 

Upon  the  memorial  of  Elijah  Cady  of  Plainfield,  shewing 
to  this  Assembly  tliat  he  was  a  soldier  in  the  company  under 
the  command  of  Capt.  John  Spaulding  of  said  Plainfield  in 
the  regiment  under  the  command  of  General  Lyman  in  the 
last  summer's  campaign,  and  that  while  he  was  by  order  on 
actual  duty  with  a  number  of  other  men  making  shingles 
[445]  about  ||  seven  miles  from  Crown  Point  on  the  thirteenth 
day  of  July  last,  the  house  or  cottage  in  which  he  with  the 
other  men  that  were  with  him  did  lodge  by  some  accident 
took  fire  and  was  wholly  consumed  thereby,  and  that  he  had 
five  twenty-shilling  bills  and  one  thirty-shilling  bill,  all  of  the 
last  emission  of  this  Colony,  with  sundry  other  things,  wholly 
burnt  and  consumed  in  the  flames  thereof;  and  praying  this 
Assembly  to  grant  unto  him  the  same  sum  that  he  has  so  lost, 
and  order  the  Treasurer  to  pay  the  same  to  him:  Resolved 
by  this  Assembly,  that  the  said  Elijah  Cady  be  allowed  out  of 
the  public  treasury  of  this  Colony  the  sum  of  six  pounds  and 
ten  shillings  in  bills  of  the  said  emission  with  the  interest 
thereof ;  and  the  Treasurer  of  this  Colony  is  hereby  ordered 
to  pay  the  same  to  him  accordingly. 

On  the  memorial  of  David  Jacobs,  administrator  on  the 
estate  of  Amos  Jacobs  late  of  New  Haven,  deceased,  shewing 
to  this  Assembly  that  a  further  account  of  debts  due  from 
said  estate  (other  than  those  formerly  allowed  for  the  pay- 
ment whereof  land  has  been  sold  according  to  act  of  As- 
sembly,) amounting  to  X4  5s.  6(^.  lawful  money,  hath  been 
exhibited,  and  praying  that  he  might  be  impowered  to  sell  so 
much  of  the  real  estate  of  the  deceased  as  may  be  necessary 
for  the  payment  of  said  sum  with  the  incident  charges  aris- 
ing thereon,  as  by  said  memorial :  Resolved  by  this  Assembly, 
that  the  memorialist  be  impowered,  and  liberty  and  authority 
is  hereby  granted  to  the  memorialist,  to  sell  so  much  of  the 
real  estate  of  the  said  deceased  as  to  raise  said  sum  with  the 
79 


626  PUBLIC   RECORDS  [March, 

incident  cliarges  arising  thereon;  taking  the  direction  of  the 
conrt  of  probate  for  the  district  of  New  Haven  tlierein. 

Upon  the  niemoiial  of  Rcnbcn  Taylor  and  8amncl  Taylor, 
both  of  Norwalk  in  the  connty  of  Fairfield,  administrators  of 
the  estate  of  Thaddens  Taylor  late  of  said  Norwalk,  deceased, 
shewing  to  this  Assembly  that  the  debts  dne  from  the  estate 
of  the  said  deceast  Unit  have  been  allowed  surmonnt  the 
moveable  part  of  the  estate  of  the  said  deceast  the  snm  of  ,£49 
6  6|  lawfnl  money,  and  therein  ]>raying  for  liberty  to  sell  so 
nnich  of  the  real  estate  of  the  said  deceased  Thaddens  Taylor 
as  will  be  snfficient  to  pay  and  discharge  the  said  sum  of  X49 
6  6f,  together  with  tlic  incident  charges  arising  thereon,  tak- 
ing the  directions  of  the  court  of  ])robatc  in  Fairfield  district 
therein:  Resolved  by  this  Assembly,  that  the  said  Reuben 
Taylor  and  Samuel  Taylor  have  liberty  and  are  hereby  fully 
authorized  and  impowered,  to  sell  so  much  of  the  real  estate 
of  the  said  Thaddeus  Taylor  as  will  l)e  su(Ticient  to  pay  and 
dischai'ge  the  said  sum  of  X40  6  6f,  together  with  the  inci- 
dent charges  arising  thereon  ;  taking  the  directions  of  the 
court  of  probate  in  Fairfield  district  therein. 

On  the  memorial  of  Samuel  Fuller  jun'',  of  East  Haddam, 
administrator  on  the  estate  of  Samuel  Andrus  of  East  Uad- 
dam,  deceased,  shewing  to  this  Assembly  that  the  debts 
and  charges  due  from  the  estate  of  said  deceased  allowed  by 
the  court  of  probate  for  the  district  of  East  Haddam  (over 
and  above  what  of  the  real  estate  of  said  deceased  by  order 
of  the  General  Assembly  hath  been  already  sold)  surmount 
the  personal  estate  of  said  deceased  the  sum  of  <£208  3s.  i)d. 
lawful  money  ;  praying  this  Assembly  to  appoint  and  impow- 
er  some  meet  person  to  make  sale  of  so  much  of  the  real 
estate  of  said  deceased  as  will  raise  the  sum  of  X208  os.  Od. 
lawful  money,  with  the  incident  charges  arising  thereon  : 
Resolved  by  this  Assenil)ly,  that  Capt.  Samuel  Olmsted  of 
East  Haddam  be  appointed  and  impowered,  and  he  is  hereby 
appointed  and  impowered,  to  make  sale  of  so  much  of  the 
real  estate  of  said  deceased  as  will  raise  said  sum  of  X208 
8s.  Od.  lawful  money,  with  the  incident  charges  arising  on 
said  sale;  taking  the  direction  of  the  court  of  probate  for  the 
district  of  East  Haddam  therein. 

Upon  the  memorial  of  Jonathan  Walden,  administrator  on 
the  estate  of  Ebenezer  Rood  jun"",  late  of  Norwich,  deceased, 
shewing  to  this  Assembly  that  the  debts  and  charges  allowed 
by  tlie  court  of  probate  for  the  district  of  Norwich  surmount 
the  personal  estate  of  the  said  deceased  the  sum  of  X92  13s. 
[446]  i)d.,  and  ||  praying  for  power  to  sell  so  much  of  the  real 


1762.] 


OP    CONNECTICUT. 


G27 


estate  of  tlie  said  deceased  as  to  raise  said  sum  and  to  pay 
the  charges  arising  on  such  sale :  Resolved  by  this  Assembly, 
that  the  said  administrator  be  and  he  is  hereby  authorized 
and  impowered  to  sell  so  much  of  the  real  estate  of  the  said  de- 
ceased as  to  enable  him  to  pay  the  said  sum  of  £d2  ISs.  9d. 
and  also  the  necessary  charges  arising  on  such  sale ;  taking 
the  direction  of  the  court  of  probate  for  the  district  of  Nor- 
wich therein. 

Teste,  George  Wyllys,  Secret'ry. 


APPENDIX. 


Ans'wers  to  the  Heads  of  Inquiry  sent  to  the  Governor  and  Company  by 
the  Lords  Commissioners  for  Trade  and  Plantations,  April  28, 

1761. 

[Public  Record  Office,  London,  Board  of  Trade  Papers,  Proprieties,  Vol.  21.] 

Connecticut,  7th  September,  1762. 
My  Lords :  Herewith  are  inclosed  the  Answers  of  the  Governor 
and  Company  of  the  Colony  of  Connecticut  to  the  Heads  of 
Enquiry  sent  last  year ;  which  answers  I  am  desired  by  the  Gen- 
eral Assembly  to  transmit  to  your  Lordships.  More  time  than 
was  expected  has  been  necessarily  taken  up  in  collecting  the 
Number  of  Inhabitants,  which  is  the  reason  these  answers  were 
not  returned  sooner.  The  numbers  have  been  taken  in  general 
with  very  great  exactness,  and  I  hope  the  answers  in  the  whole, 
which  are  formed  with  as  much  care  and  certainty  as  may  be,  will 
be  found  to  your  Lordships'  satisfaction  and  acceptance. 

I  have  the  honour,  My  Lords,  to  be,  with  the  highest  esteem  and 
regard, 

Your  Lordships'  most  obedient  and  most  humble  servant. 

Tho'  Fitch. 
The  Right  Hon"'*  the  Lords  Commiss"  for  Trade  and  Plantations. 
(^Endorsed)  "Connecticut.  . 

Letter  from  Thomas  Fitch,  Esq"",  GoV 
of  the  Colony  of  Connecticut,  dated 
Sept.  7,  1762.  inclosing 
<'  Rec""* 


Read  Dec'  20  j"  ^^^--  X.  32.  " 

Answ^ers  returned  to -the  Queries  sent  the  Governor  and  Company  of 
His  Majesty's  Colony  of  Connecticut  from  the  Right  Honourable  the 

Lords  Commissioners  for  Trade  and  Plantations,  viz : 
1st.  The  situation  of  this  Colony  is  mostly  within  the  forty- 
first  and  forty-second  degrees  of  north  latitude.  The  soil  gener- 
ally fertile,  interspersed  with  some  mountainous  and  broken  land 
and  some  small  parts  something  of  a  thin  and  more  barren  soil. 
The  climate  generally  healthful,  but  subject  to  the  extremes  of 
heat  and  cold  in  their  season  and  to  very  sudden  changes.  The 
principal  rivers  are  Connecticut,  New  London,  and  Stratford, 
which  last  as  to  its  northern  parts  is  usually  called  Ousatonuck 
River.  Tlie  principal  harbours  are  New  London  and  New  Haven. 
The  latitude  of  the  first  is  41°  North.  Longitude  west  from  Lon- 
don 71°,  by  common  computation. 

2d.     The   Colony  is  bounded  on  the  south  by  the  sea  or  sound 


1762.]         ANSWERS    TO     THE     BOARD     OF     TRADE.  629 

dividing  between  this  Colony  and  Long  Island  now  in  the  gov- 
ernment of  New  York  :  on  the  east  by  the  Colony  of  Rhode 
Island  :  on  the  west  by  the  Province  of  New  York  ;  which  lines 
have  been  settled  by  agreements  between  the  respective  govern- 
ments and  royal  confirmation;  and  on  the  north  by  the  south 
line  of  the  Massachusetts  Plantation.  There  was  some  years  past 
a  dispute  between  the  Massachusetts  and  Connecticut  touching  the 
line  dividing  between  the  two  governments,  but  there  hath  noth- 
ing of  late  been  in  agitation  relative  thereto. 

3d.  The  trade  of  the  Colony  consists  chiefly  in  beef,  pork, 
flour,  bread,  horses,  some  cattle,  sheep,  swine  and  lumber,  ex- 
ported to  the  British  islands  in  the  West  Indies,  and  in  exchange 
for  them  are  received  rum,  sugar,  melasses,  salt,  and  some  bills  of 
exchange  which  are  generally  remitted  to  England  ;  and  in  beef, 
pork,  wheat,  rye,  indian  corn,  flax,  flax-seed  and  oats,  exported  to 
the  neighbouring  governments,  principally  to  Boston  and  New 
York,  thence  receiving  (of  and  thro'  the  hands  of  merchants  there) 
British  manufactures  in  exchange,  which  are  consumed  among  us. 
This  is  far  the  greatest  branch  of  trade  carried  on  by  the  inhabit- 
ants of  the  Colony,  tho'  more  lately  some  measures  have  been 
gone  into  to  encourage  a  more  immediate  importation  from  Great 
Britain,  and  as  many  goods  have  been  so  imported  as  the  means 
of  remittances  will  allow.  The  number  of  shipping,  as  certified 
by  the  officers  of  tlie  customs,  is  114.  Their  tonnage  o527,  and  the 
number  of  seamen  belonging  to  the  vessels  is  651.  These  vessels 
are  generally  of  the  smaller  sort,  as  appears  by  the  amount  of 
their  tonnage  and  number  of  seamen.  The  trades,  works  or  man- 
ufactures in  the  Colony  are  inconsiderable,  the  inhabitants,  being 
chiefly  imployed  in  subduing,  fencing  and  improving  the  land,  do 
nothing  more  in  the  woolen  and  linen  manufactures  than  to  supply 
the  deficiencies  of  what  our  produce  enables  us  to  puiThase  from 
abroad.  And  what  is  wrought  among  us  is  mostly  of  the  coarser 
sort  for  labourers  and  servants  :  no  works  of  any  kind  being 
carried  on  hurtful  to  Great  Britain. 

4ly.  The  British  manufactures  imported  into  the  Colony, 
either  at  first  or  second  hand,  are  ahuost  all  sorts  used  or  useful 
in  common  life,  viz  :  woolens,  linens  for  apparel  and  other  uses  ; 
also  household  furniture,  as  brass,  pewter  &c.,  with  various  other 
sorts  of  manufactures ;  all  which  do  probably  amount  to  the  value 
of  £100,000  sterling,  or  more. 

5ly.  This  Colony  hath  little  or  no  trade  with  foreign  planta- 
tions or  any  part  of  Europe,  saving  some  few  vessels  to  Lisbon 
and  the  Mediterranean  with  fish  &c.,  the  product  of  which  is  prin- 
cipally remitted  by  bills  to  England  ;  and  also  some  few  vessels 
to  the  coast  of  Guinea. 

6ly.  The  methods  used  to  prevent  illegal  trade  consist  in  a  care- 
ful conformity  to  the  Acts  of  Parliament  relative  thereto. 

71y.  The  natural  produce  of  this  CJolony  is  ship-timber  of  all 
kinds,  boards  and  ship-plank,  wheat,  rye,  indian  corn,  barley,  oats. 


630  APPENDIX. 

flax,  neat  cattle,  hogs  and  horses,  exported  as  before  mentioned  ; 
and  our  staple  may  be  said  to  consist  in  pork  and  beef.  The  value 
of  our  exported  produce  we  suppose  amounts  to  £150,000  sterling, 
In  prevention  of  frauds  and  abuses  in  the  sale  and  exportation  of 
our  produce  sundry  laws  and  acts  of  government  have  been  made, 
some  formerly  and  some  more  lately,  as  the  increase  and  growing 
importance  or  the  apparent  or  suspected  abuse  of  such  trade  or 
any  branch  thereof  seemed  to  make  necessary. 

Sly.  Some  copper  mines  have  been  in  divers  parts  of  the  Colony 
opened,  but  after  considerable  expence  and  labour  proving  un- 
profitable became  wholly  neglected.  There  is  in  sundry  places  in 
the  Colony  plenty  of  iron  oar,  which  hath  been  manufactured  to 
some  advantage,  but  not  hitherto  near  a  supply  for  our  inhabitants. 

9ly.  The  number  of  our  inhabitants  transmitted  to  your  Lord- 
ships A.  Dom.  1756  was  128,212  whites  and  3,587  blacks,  and  now 
on  careful  enquiry  are  found  to  amount  to  141,000  whites  and 
4,590  blacks,  or  thereabouts. 

lOly.  By  the  foregoing  answer  it  appears  that  the  inhabitants 
from  1756  to  1762  have  increased  about  10,788  whites,  which 
increase  (under  the  divine  benediction)  we  attribute  to  industrious 
temperate  life  and  early  marriage  ;  and  it  would  probably  have 
been  greater,  had  it  not  been  for  losses  sustained  during  the  war 
and  frequent  and  numerous  emigrations  from  hence  to  his 
Majesty's  newly  conquered  or  evacuated  countries  in  America. 

Illy.  The  number  of  our  militia,  according  to  the  muster-rolls, 
is  20,264.  It  is  established  by  the  authority  of  the  laws  of  this 
Colony,  and  is  under  the  regulations  of  the  same.  The  militia 
spend  their  own  time,  supply  themselves  with  arms  &c.,  and  are  of 
no  expence  to  the  Colony. 

r21y.  We  have  a  small  battery  at  New  London,  (the  principal 
sea-port  and  best  harbour  in  the  Colony,)  consisting  of  nine  guns, 
supported  at  the  Colony's  expence,  which  is  but  small. 

13ly.  The  Indians  among  us  are  about  930,  considerable  part 
whereof  dwell  in  English  families,  and  the  rest  in  small  tribes  in 
various  parts  of  the  Colony,  and  are  generally  peaceable  and  or- 
derly; and  there  are  no  Indians  bordering  on  the  Colony. 

14ly.  The  Spanish  settlements  in  America  are  of  no  effect  on 
this  Colony  ;  and  as  to  Louisiana,  still  French,  the  same  may  be 
said  of  them  ;  and  as  to  Canada  and  the  other  quondam  French 
settlements,  a  series  of  glorious  events  during  the  present  war  ren- 
der it  needless  to  say  anything  about  them. 

15ly.  The  revenue  arising  within  this  Colony  is  by  a  tax  on 
lands,  polls  and  personal  estate  :  the  revenue  by  duties  being  in- 
considerable. Our  annual  taxes  become  increased  or  diminished 
in  pi'oportion  to  the  expence  of  government,  our  ordinary  tax 
amounting  to  about  £4000  sterling,  of  which  about  one  eighth  part 
is  appropriated  to  the  support  of  schools  for  education  of  children 
and  youth,  and  the  residue  for  the  support  of  government :  but 
for  the  extraordinary  expence  annually  arisen  during  the  course  of 


1762.]         ANSWERS    TO    THE    BOARD     OF    TRADE.  631 

the  present  war,  we  beg  leave  to  refer  your  Lordships  to  the  au- 
thenticated accounts  thereof  annually  transmitted.  The  accounts 
of  these  revenues  are  generally  audited  once  a  year  with  the 
Colony  Treasurer  by  a  committee  appointed  by  the  General  As- 
sembly and  sworn  to  a  faithful  discharge  of  their  trust. 

IGlyand  171y.  The  constitution  of  the  government  by  royal- 
charter  is  a  legislative  power  vested  in  the  General  Assembly, 
vi^hich  consists  of  the  Governor,  or  in  his  absence  the  Deputy 
Governor,  and  twelve  Assistants,  (called  the  Upper  House,)  and 
Representatives,  not  exceeding  two  from  each  town,  chosen  by  the 
freemen  of  the  respective  towns  they  represent,  (called  the  Lower 
House.)  No  act  is  valid  without  the  joint  concurrence  of  both 
houses.  They  make  laws,  institute  judicatories,  appoint  judges 
and  other  necessary  officers,  who  are  all  sworn  to  a  faithful  dis- 
charge of  tlieir  trust.  A  General  Assembly  is  holden  (agreeable 
to  royal  charter)  in  May  and  October  annually,  and  at  other  times 
when  called  by  the  Governor,  or  in  his  absence  the  Deputy  Gov- 
ernor, on  any  emergency.  Within  the  Colony  are  erected  and  es- 
tablished by  law  one  superior  court,  consisting  of  one  chief  judge 
and  four  other  judges,  which  court  is  held  in  each  county  twice  in 
each  year,  in  which  are  tried  all  pleas  of  the  crown  and  also  all 
civil  actions  that  come  to  them  by  appeal,  writ  of  error,  scire  facias 
&c.,  and  an  inferior  or  county  court  in  each  county,  consisting  of 
one  judge  and  two  or  more  justices  of  the  quorum,  who  hold  their 
sessions  twice  in  a  year  and  oftener  when  occasion  requires  for  the 
tryal  of  delinquents  for  the  breach  of  penal  laws  and  civil  actions. 
In  all  these  courts  matters  of  fact  are  tried  by  the  jury  and  matters 
of  law  are  determined  by  the  court ;  and  in  each  town  are  one  or 
more  justices  of  the  peace.  The  militia  is  divided  into  thirteen 
regiments.  The  field  officers  in  each  regiment  are  one  colonel,  one 
lieutenant-colonel  and  one  major ;  and  in  each  regiment  is  a  troop 
of  horse.  All  officers,  both  civil  and  military,  are  appointed  by 
the  Governor,  Council  and  Representatives,  in  General  Court  as- 
sembled, and  commissioned  by  the  Governor.  The  civil  officers 
are  appointed  annually  in  May,  and  military  officers  are  appointed 
from  time  to  time  as  vacancies  happen.  By  law  our  regiments 
are  to  be  mustered  once  in  four  years  :  the  militia  in  each  town 
four  times  in  a  year,  and  are  instructed  in  military  discipline. 

The  names  of  the  principal  officers,  civil  and  military,  are  as  fol- 
lows, viz: 

Civil  Officers. 
Governor,  Thomas  Fitch. 
Deputy  Governor,  William  Pitkin. 

Assistants. 
Ebenezer  Silliman,  John  Chester,  Matthew  Griswold, 

Jonathan  Trumble,  Benjamin  Hall,  Shubael  Conant, 

Hezekiah  Huntington,       Daniel  Edwards,         Elisha  Sheldon, 
Andrew  Burr,  Jabez  Hamlin,  Eliphalet  Dyer. 

Secretary,  George  Wyllys,  Treasurer,  Joseph  Talcott. 


632 


&.PPENDIX. 


Judges  of  the  Superiour  Court, 
Chief  Jadye,  William  Pitkin, 

{Ebenezer  Silliman, 
Daniel  Edwards, 
Benjamin  Hall, 
Robert  Walker. 


Other  Judges, 


Judges  and  Justices  of  the  Inferiour  or  County  Courts,  viz  : 


liar  If  or  d   Co  un  1y. 
Judge,  Jabez  Hamlin. 


r  Joseph  Pitkin, 


Justices  of  j  William  Wolcott, 
the  Quorum,  j  Seth  Wetmorc, 
[Zebulon  West. 
New  London  County. 
Judge,  Hezekiah  Huntington. 
I^John  Griswold, 
Richard  Lord, 


Justices  of 
the  Quorum 


New  Haven  County. 
Judge,  Roger  Newton. 
rjohn  Hubbard, 
Justices  of  J  Elihu  Chauncey, 
the  Quorum,  ]  Timothy  Stone, 
Thomas  Darling. 
Fairfield  County. 
Judge,  Andrew  Burr. 

["Jonathan  Hoit, 
Justices  of  J  David  Rowland, 


Christopher  Avery,  <Ae  Quorum,^.  Samuel  Fitch, 


Isaac  Huntington, 
Pygan  Adams. 
Wi?idham  County. 
Judge,  Jonathan  Trumble, 
(  Shubael  Conant, 
Justices  of  J  John  Dyer, 
the  Quorum,  ]  Joshua  West, 
[  Jabez  Fitch. 
Hartford   County. 
Sheriff,  William  Pitkin  jun^ 
New  London  County. 
Sheriff,  Christopher  Christophers, 
Windham  County. 
Sheriff,  Eleazer  Fitch. 


(^  John  Read. 


Justices  of 
the   Quorum, 


S 


Litchfield  County. 
Judge,  John  Williams. 

Ebenezer  Marsh, 
Increase  Mosely, 
Daniel  Sherman, 
[  Bushnel  Bostwick. 
A^e;^  Haven  County. 
Sheriff.  Jonathan  Fitch. 
Fairfield  County. 
Sherifi;  Thomas  Hill. 
Litchfield  County. 
Sheriff,  Oliver  Wolcott. 


Military    Officers,  viz  :■ 


First  Regiment. 
Col.  Joseph  Pitkin, 
Lt.  Col.  George  Wyllys, 
Major,  William  Pitkin  Jun^ 

2d  Regiment. 
Col.  Roger  Newton, 
Lt.   Col.  John  Hubbard, 
Major,  Edward  Allen. 
Sd  Regiment. 
Col.  Gurdon  Salton  stall, 
Lt.  Col.  Hezekiah  Huntington, 
Major,  Daniel  Ely. 

Jf.th  Regiment. 
Col.  John  Read, 
Lt.   Col.  Robert  Walker, 
Major,  James  Smedly. 


5th  Regiment. 
Col.  Shubael  Conant, 
Lt.  Col.  Eliphalet  Dyer, 
Major,  Jedidiah  Elderkin. 

6th   Regiment. 
Col.  John  Chester, 
Lt.  Col.  Jabez  Hamlin, 
Major,  Elizur  Talcott. 

7th   Regiment. 
Col.  Timothy  Stone, 
Lt.  Col.  Aaron  Eliot, 
Major,  Jedidiah  Chapman. 

8th  Regiment. 
Col.  Christopher  Avery, 
JJ.  Col.  Samuel  Coit, 
Major,  Nathan  Cheeseborough. 


1762.] 


ANSWERS  TO  THE  BOARD  OP  TRADE. 


633 


9th  Regiment. 
Col.  Jonathan  Hoit, 
Lt.  Col.  James  Lockwood, 
Major,  Jonathan  Maltbie. 

lOih   Regiment. 
Col.  Benjamin  Halh 
Lt.  Col.  Elihu  Chauncey, 
Major,  Elihu  Hall. 

llih  Regiment. 
Col.  John  Dyer, 
Lt.  Col.  Ebenezer  Williams, 


12th  Regiment. 
Col.  Jonathan  Trumble, 
Lt.  Col.  Joseph  Fowler, 
Major,  Joseph  Spencer. 

13th  Regiment. 
Col.  Ebenezer  Marsh, 
Lt.  Col.  David  Whitney, 
Major,  Benjamin  Hinraan. 


Major,  Ezekiel  Pierce. 

The  Governor's  salary  is  three  hundred  pounds  in  lawful 
xaoxiQj  per  annum.  The  Deputy  Governor's  salary  is  one  hundred 
pounds  in  lawful  money  ^jer  annum.  Other  civil  officers  are  re- 
warded for  their  services  according  to  the  time  they  attend  the 
same. 

{^Endorsed.)  Connecticut 

Answers  to  the  B'^'^  Gen'  Heads 
of  Enquiry  respecting  the  state  of 
the  Colony  of  Connecticut. 
X.  .33. 


80 


INDEX. 


Abbott,  Lemuel,  deputy  for  Rid<;efield, 
492,  569,  613:  -—  Saimuel,  lieutenant, 
131. 

Abel,   Andrew   and    Benjamin,  275: 

John,  lieutenant,  210. 

Abercrombie,  Gen.,  106. 

Acts  of  parliament  printed,  90,  lO^r     ^ 

Adams,    David,  army  surgeon,  125,  229,  [ 

357:  Freegrace.  476,  561: John,  | 

416 :  Joseph,  323,  416 ;  ensign,  266 ;  j 

lieutenant,  508:  Nathan,  560: 

Parker,  416:  Peter,   ensign,   211: 

Pvgan,  28,  144,  277.  468,  489,  517, 

589;  deputy  for  New  Loiidon,  244,  302, 
347,  435,  478;  justice,  7,   120,  249,  371, 

498;    overseer    of   Indians,    140:    

Samuel,  35;  deputy  for  Stratford,  244, 
493;  justice,  7,  120,  250,  372,  498;  en- 
sign in  arm  V,  354,  486, 620 : Thomas, 

land   sold, '28: Timothy,  343.  392, 

393. 

Admiralty,  application  for  judge  of,  358. 

Adsit,  John,  608. 

Agent  in  England,  see  Ingersoll,  Jackson, 
Life,  Parlridge.  Trumbull. 

Albany,  commissary  at,  232,  290;  road  to, 
137,"  183,  293,  300,  339,  381. 

Alcock,  Thomas,  323. 

Alden,  Daniel,  deputy  for  Stafford,  174, 
213,  220.  303,  348,367,437,  493,  569; 
justice,  6,  119:  Prince,  quarter- 
master, 130;  lieutenant,  466. 

Alderson,  Sarah,  155. 

Alger,  Jonathan  and  Roger,  39. 

Allen,   Barnabas,  416:  Edward,  218; 

deputy  for  Milford,  115,   174.  214,  221, 

244,  303,  348;  major,  130: Noadiah, 

land  sold,  542:  ^—Thankful,  188: 

Timothy,  72. 

Ailing,  Amos,  grant  to,  365  : Ebenezer, 

land    sold,   524:   — —   Enos,    400,   624: 

Benjamin.  Charles,  Daniel,  Hannah, 

Hezekiah,  John,  Jonathan,  Jo<pph, 
Natlian,  Rebecca,  Roger,  Samuel.  Silas, 
Timothy,  Thomas,  William,  and  Zadock, 
323,  324. 

Allis,  Lucius  and  Samuel,  362. 

Allyn,  Benjamin,  140,  212,278,  328,  563: 

Henry,  87,  151,  275,  405;  lieutenant, 

578: "Theophilus,  land  sold,  189. 

Alsop,  Hichard,  53,  142,  171. 

Alton.  John,  lieutenant,  581. 

Alverd,  Elisha,  ensign,  553. 

Ames,  Mark,  lieutenant  in  army,  356. 


Amherst,  Gen.  Jeffrey,  623;  application 
to  for  settling  accounts,  238,  259.  332, 
609;  congratulated,  437;  requests  troops 
for  garrison,  602. 

Anderson,  Jeremiah,  443,  475: Joseph, 

ensign  in  army,  619. 

Andrews,  Andrus,  David,  316;  ensign  in 
army,    226,    353;    lieutenant    in  army, 

485, '619 ;  lieutenant,  513 : Hezekiah, 

388: John,  army  surgeon,  357: 

Nehemiah,    426: Obadiah,   captain, 

264: Nehemiah,  426: Samuel, 

land    sold,    426,     626:    Solomon. 

lieutenant  in  army,  356: Timothy, 

land  sold,  274;  ensign,  466: William, 

273:   Zebadiah,    lieutenant,    210; 

captain,  512. 

Anthony,  Richard,  laud  sold,  218. 

Apthorp,  Charles,  575. 

Arnold,  James,  armv  lieutenant,  227,  354, 

486,  620: John,  ensign,  377: 

Joseph,  318:  Nathan,    deputy   for 

Mansfield,  570,  613. 

Ashman,  Elnathan,  271 ;  army  lieutenant, 
199. 

Atwater,  Benjamin,  606: Caleb,  grant 

to,  281 :  David,   323.  324 ;  ensign, 

510: Enos,  captain,  511: Jacob, 

ensign,  377: Jonathan,  324;  land 

sold^    523:   Daniel,  Isaac,  James, 

Jeremiah,  .loel,  John,  Jonah,  Joshua, 
and  Mary,  323,  324. 

Atwood,   .Jonathan,  447;  lieutenant,  339. 

Aiiger,  Abraham,  529. 

Austin,  David.  323;  deputy  for  SufReld, 

58:  Edward,  deputy  for  Suflield, 

91: Job,   ensign,  377:  John, 

298,  323:  Joshua,  29: Samuel 

and  Stephen,  323:  Uriah,  deputy 

for  Suffield,  2. 

Averill.  Joseph,  captain,  576: Moses, 

ensign,  446. 

Averit,  see  Everitt. 

Avery,   Charles,   ensign,   army,  97;  army 

lieutenant,  228,  356: Christopher, 

73,  343,  390,  562,  605;  deputy  for  Gro- 
ton,  3,  57,  91,  115,  174,  214,  221,  244, 
303,  348.  367,  494;  justice,   6,    119,  249 

371,   498:    Ebenezer,  ensign,  445; 

justice,    7,    120,    249,    371,   498:   

Elias,    ensign   in   army,   98,   228:    

Humphry,  justice,  37i,  498: John. 

ensign  in  army,  254;  army  lieutenant, 
620. 


636 


INDEX. 


Ayers,  Travis,  152 : 


Timothy,  556. 


Babcock,  Amos,  40;  deputy  for  Ashfopl, 
2,  245,  303,  348,  367,  4S7',  480,  569,  612; 

justice,  7,  120,250,372,499: James, 

269: Zebulon,  476. 

Backus,  Andrew,  461:  — —  Ebenezer,  112, 
392,  447;  justice,   7,  120,  249,  371,  498: 

I'jlijah,   captain,  210:  James, 

land   sold,    112:  .Tosiah,    35,   275: 

Nathaniel,  207,  454; Timothy, 

416. 

Bacon,    Benjamin  and   Elijah,   416:  

John,    188: Jos"fepli,    416;   cornet 

580: Nathaniel,  474,  581. 

Baker,  Elijah,  lieutenant,    375: Epli- 

raim,  captain,  377:  Samuel,  505: 

Trial,  416. 

Baldwin,  Abner,  ensign,  19:  Andrew, 

ensign   in  army,   354: Caleb,  192, 

605;  deputy  lor  Newtown,  570;  justice, 
7,  120,  250',  372,  498;  lieutenant,   579: 

David,  captain  in   vn-iny,   96,    620; 

major  in  army,  226,  227,   354,  485,  618: 

Isaac,    captain,    IS;    deputy    for 

Litchfield,  568:    Hezekiah,   army 

lieutenant,    97,    228,     354:   John_,_ 

deputy  for  Stonington,  245  : Jona- 

than,   467:  Josiah,  324;  ensign  in 

army,  621: Michael,  52,   142:  

Nathan,justice,6, 119,249,  371,  497: 

Nathaniel,  deputy  for  Goshen,  302,  347: 

Noah,  402: Silas,  army  surgeon, 

126: Stephen,  322  ;■ Theophilus, 

lieutenant.  376. 

Ball,  Gideon,  330:    .lohn,  323:    

Stephen,  324. 

Ballard,  John,  land  sold,  327. 

Bancraft,  Benjamin,   594:  Ephraim, 

ensign,  580. 

Banks,  Ebenezer,  captain,  68 :   Gershom, 
566. 

Bannister,  John,  89,  171,  268. 

Baptists,  at  Enfield,  34. 

Barber,    David,   ensign,   338;   lieutetiant, 

513: John,  55,  432: Nathaniel, 

ensign,  446: Robert,  610. 

Barker,  Abner,  justice,  497 : Ignatius, 

342,   391;  lieutenant,  264: J;imes, 

deputy  for  Branford,  367,  436,  479,  493, 

569,   613;  justice,  371,   497: John, 

lieutenant,  16 : Jonathan,  476 : • ; 


Bartlet,  Hooker,  ensign,  510:  John, 

army  surgeon,  125 ;  land  sold,  474,  581 : 
Jonathan,   lieutenant,   580:    


Joshua,     captain    in    army,    97 : 
Samuel,  deputy  for  Branford,  115,  173, 

220,  244 ;  justice,  119,  371,  249,  497  : 

Timothy,  610;  lieutenant,  266. 

Barnard.    Edward,   lieutenant    in    army, 
227  ;  army  captain,  354. 

Barnet,  Moses,  461. 

Barns,  Asa,  564:   Israel,  land  sold, 

195:    John,  lieutenant    in    army, 

97: Samuel,    lieutenant,   210: — — 

Thomas,  land  sold,  419. 

Barnum,    David   and   Gideon,    155:    

Nathaniel,  land  sold,  113: Richard, 

land  sold,  155. 

Barret,  John,  land  sold,  281. 

Barrows,  Isaac,  316. 

Bartholomew,  Noah,  set  to  Judea,  285. 


Samuel,  34;  lieutenant  in  array,  95,  227. 

Basset,    Ebenezer,   land   sold,   278 :   

Enos,  Eunice,  .Tames,  John,  and  Mary, 

323,  324:   Samuel,   40^   326,   423; 

deputy  for  Derbv„  2,  58,"  92,  115,  174, 
214,  221,  245,  303,  348,436,479,  493, 
569,  612;  justice,  6,  119,  249,  371,  497. 

Rateman,  Eleazer,  ensign  in  army,  356. 

Bates,  Elias,  ensign,  69. 

Baxter,  Aaron,  grant  to,  399: Elisha, 

153:  Simon,  558. 

Bayley,  Ezekiel,  land  sold,  83: Na- 
than, armorer,  126. 

Beach,  Abel,  lieutenant,  446: .\bijah, 

ensign,  209:  Abraham,  594:   

Amzi,   44:  Edmund,  ensign,  338: 

— -  Elijah,  army  lieutenant,  228,  355: 

.John,   41;  deputy  for  Goshen,  2, 

114,  569,  613;  justice,*  8,   121,  250,  373, 

499: Landa,  44: Thomas,  laud 

sold,  44. 

Beardsley,  Enos,  land  sold,  169 : Tabez, 

295 : Jemima,  Nehemiah,  and  Ser- 

ajah,  200. 

Beckley,   Joseph,   79:    Josiah,    land 

sold, "364. 

Beckwith,  Abel,  585:  George,  armv 

chaplain,  99,  229,  356,  487:  Philip, 

land  sold,  291: Samuel,  608. 

Hedient,  Azariah  and  Thomas,  532. 

Beebe,    Ebenezer,    lieutenant,    509:    

Hezekiah.  388: Jabez,  ensign,  507: 

.Tames,  deputy  for  Canaan,  2,  57, 

91,  302;  army  chaplain,  356: John, 

deputy  for  Canaan,  115,  178,  213; 
justice,  8,  121,  250,  373,  499: Jona- 
than,   lieutenant    in    army,   227: 

Lemuel,  290,  312 ;  deputy  for  Danburv, 
245,  303,  348. 

Beecher,  Eliphalet,  343,  393:  John, 

cornet,  268: Joseph,  323;   ensign, 

132;    lieutenant,    378:  Moses   and 

Samuel,  323 : Nathaniel,  324. 

Beers,  Nathan,  823, 329 : Samuel,  171, 

535. 

Belden,    Amos,  land  sold,  169,  310,    474: 

Daniel,  grant  to,  326 : Ebenezer, 

ensign  in  army,  355 :  .Tonathan,  34, 

151;  deputy  for  Wethersfield,  569,  613; 

justice,    6,"  119,    249,    370.    497:    

Thomas,  169,  310,  474;  lieutenant,  509, 
552. 

Belknap,  Ebenezer,  sergeant-major  in 
army,  96;  ensign,  226;  lieutenant,  253, 
354:  Jesse,    ensign  in  arm}-,   619: 


Samuel,  801. 


Bement,  Dennis,  601;  captain,  513;  

Ebenezer,  lieutenant,  578. 

Benedict,    Benjamin,    241:    Daniel, 

deputy  for  Danbury,  366:  — —  David, 

ensign,  132; Hezekiah,  ensign,  373; 

.John,  157,    312,    457;    deputy  for 

Ridgefield,  245;  lieutenant  in  army,  98; 

Lemuel,  army  lieutenant,  254,  355: 

Nathaniel,  ensign,  445;  lieutenant, 

552:  Noble,  ensign   in   army,  98; 


INDEX. 


637 


lieutenant,  228,  355,  486,  620 : Seth, 

599: Thomas,  deputy  for  Danbury, 

174,  493;  justice,  7,  120,  250,  372,  498; 

probate  judge,    5,    118,    248,  371,  496; 

ensign,  132;  land  sold,  599:  Timo- 

tiiy,  521,  597;  captain,  376. 
Benham,  Samuel,  ensign,  337. 
Benjamin,  Jedediah  and  Phineas,  416. 
Bennet,  Caleb,  land  sold,  292: Henry, 

lieutenant,  445. 
Bently,  John,  laud  sold,  427  : Joseph, 

ensign,  512. 
Benton,    Ebenezer,    53,    54:   Jacob, 

deputy    for    Harwinton,  115,    174,  221; 

lieutenant,  552 :  Jedediah,  ensign, 

507:  Josiah,  deputy   for    Glassen- 

bury,  115. 
Berry,  John  D.,  land  sold,  532. 
Bethel   society,    in    Danbury,    asked  for, 

290;  established,  312. 
Betts,  Elias,  justice,  7,  120,  250,  372,  498: 

Joseph,  deputy  for  Norwalk,  366 : 

Silas,  justice,  250. 

Bibber,  Nathaniel,  captain,  338. 

Bidwell,  James,    ensign,  512:  John, 

598. 
Bigelow,  Benjamin,  138,  282:  — —  David, 

54. 
Bill,  Benjamiu,  land  sold,  283 : Elijah, 

grant  to,  362:  .John    and   Joseph, 

443. 
Billings,  William,  lieutenant  in  army,  96. 
Bills  of  credit,  issued,   100,  214,  235,  255, 

351,  482,  615;  redeemed,  346;  counter- 
feited, 443. 
Bingham,  Gideon,  461 :  Joseph,   53 ; 

quarter-master,  17;  cornet,  580;  lieuten- 
ant in  army,  98,  228. 
Birchard,  Jonah,  550. 
Bird,  James,  ensign,  376;  lieutenant,  507: 

Nathaniel,  141,  204:  Samuel, 

53,  141,  203,  324. 
Birge,  David  and  John,  29: Jonathan, 

ensign  in  army,  228 ;  lieutenant,  353. 
Bishop,  Daniel,  lieutenant  in  army,  228: 

Eleazer,  lieutenant,  465,  in  army, 

97:  Enos,  ensign    in    army,    227; 

lieutenant,  354:  Job  and  John,  323: 

Joseph,   505,  610:  Nicholas, 

lieutenant   in   army.  97,  captain,   254: 

Samuel.    323,    324,  395,  505,  650; 

deputy  for  New  Haven,  366,  492,  612, 
568;  ensign,   374;  captain,  579;  ensign 

in  army,  619:  William,  79:  

Yale,  323. 

Bissel,  Benjamin,  29;  lieutenant,  21,  446: 

Daniel,  32,    410;  justice,  6,  119, 

249,  370,  497;    lieutenant  in  army,  96: 

Ebenezer  F.,  ensign  in  army,  227 ; 

lieutenant,  353: Epnraim,  land  sold, 

589 : Josiah,  287,  625 ;  captain,  211 ; 

deputy  for  Windsor,  436,  479,  493,  568, 

612: Ozias,  ensign  in  armv,   485, 

619: Timothy,  land  sold,  527. 

Blachlej',     Ebenezer,    81 :    Joshua, 

lieutenant,  580. 
Blackman,  John,  captain,  445. 
Blacksley,  Abraham,  ensign,  552. 
Blakeley,  James,  323: Jesse,  lieuten- 


ant, 16:  Moses,  ensign,  510: 

Thomas,  525:  Tilly,  442;  justice, 

373,  499. 

Blakeman,  Benjamin,  land  sold,  150: 

John,  land  sold,  150: Timothy,  150: 

Zechariah,  ferr}-  grant  to,  271. 

Blinn,  Elisha,  ensign  in  army,  621. 

Bliss,  Abiel,  land  sold,  42:" I'elatiah, 

25. 

Blodget,  William,  deputy  for  Preston,  435, 
478. 

Board  of  Trade,  answers  to  queries  from, 
573,  628. 

Boardman,  -Joseph,  deputy  for  Wethers- 
field,  303,  367: Timothy,  land  sold, 

33,  151. 

Bolt.  William,  ensign,  19 ;  lieutenant,  132, 
228. 

Bolton,  north  society  in,  made,  421,  459. 

Bonny,  Joel,  ensign  in  army,  620. 

Book -debt,  action  of,  regulated,  307. 

Booth,  Daniel,  521,  564,  605;  deputy  for 
Newtown,  57,  91,  116,  174,  213,  220, 
245,  303.  348,  367,  436,  479,  492;  cap- 
tain, 376: David,  deputy  for  New- 
town, 2 : Elisha,  324 : •  Jonathan, 

deputy    for    Newtown,    436,  479: 

Joseph,  ensign  in  armv,  485,  611): 

Nathan,  595. 

Boston,  great  fire  in,  384. 

Bostwick,  Bushnel,  deputv  for  New  Mil- 
ford,  245,  435,  478,  569,"  613;  justice,  8, 

121,  250,  .373,  499: Daniel,  deputv 

for  New  Milford,  569,  613  : Meriday, 

158,  331: Reuben,  ensign  in  army, 

486: Robert,  ensign,  509. 

Botchfbrd,  Isaac,  ensign  in  army,  228: 
lolm,  deputy  for  Newtown,  2. 

Bowen,  Henrv,  justice,  7: John  and 

Peter,  166." 

Boyd,  William,  461. 

Brace,  Henry,  captain,  377. 

Bracket,  David,  Elisha.  Isaac,  and  John, 
76. 

Bradford,  .lames,  deputy  for  Plainfield,  2, 
174.  220: William,  416. 

Bnidley,    Amos,    ensign,  264;  lieutenant, 

377: Caleb,    Griffin,    Isaac,  Heze- 

kiah,  and  Phineas,  323: Daniel,  39, 

77:  — —  Jason,  captain,  16: John, 

Miner,  and  Sarah,  324. 

Brainard.  Daniel,  deputy  for  EastHaddara, 
57,  91,  245,  367,  436,"  479;  justice,  249. 
370,  497;  lieutenant,  130;  captain,  576; 

lieutenant    in    army,   227 :  David, 

deputy  for  East  Haddam,  2 : Eleazer, 

lieutenant,    263: Hezekiah,    142, 

205,  407,  442.  449,  549;  deputy  for 
Haddam,  2,  115,  244,  303,  348,  367,  437, 
480,  493;  justice,  6,  119,  249,370,  497: 

Jabez,  197 ;  captain,  19 : Joshua, 

ensign,  131: Phineas,  85. 

Brattle,  William,  170,  172. 

Breed,  Gershom,  185. 

Brewer,  Daniel,  ferry  grant  to,  270. 

Brewster,  Elijah,  ensign,  210;  lieutenant, 

512: Kphraim,  quarter-master,  265: 

Israel,  453 : James,  land  sold, 

452: William,  53. 


638 


INDEX. 


Bridges,  act  for  building,  between  towns, 
570;  in  Middletown,  32,  New  Haven, 
283,  New  Milford,  110,  Norwich,  454, 
Waterbury,  525,  Windsor,  624 ;  between 
Fairfield  and  Norwalk,  560,  Sharon  and 
Cornwall,  88. 

Brinsmade,  Abraham,  ensign,  70;  lieuten- 
ant in  army,  98. 

Bristol,     Eliphalet,     451 :    Richard, 

lieutenant,  131;  captain,  266. 

Brock,  .John,  land  sold,  40. 

Brocket,  .Tosiah,  land  sold,  592. 

Brooks,  Abraham,    83;    deputy  for  Had- 

dam,  57,  91: Cornelius,  deputy  for 

Walliiigford,  1,  92;  ensign,  264;  lieuten- 
ant, 373: Enos,  166,  193;  deputy 

for  Wallingford,  173,  213,(220 ;  lieutenant, 
16;  captain,  373: .Joseph,  lieuten- 
ant, 19 : Thomas,  ensign,  373. 

Brown,  Abner,  land  sold,  160:  Ben- 
jamin, 416: David,  60: Elizur, 

324:  — —  .James,  deputy  for  Norwalk, 
1 ;  ensign  in  army.  229,  356,  lieutenant, 

485,  619: .John,  170;  ensign,  267; 

lieutenant,  466;  land  sold,  527,  596: 

Jonathan,  23: Margaret,  160: 

Nathaniel,  415,  547;  deputv  for  I'reston, 

2,     115,     303,    348;  justice,    120: 

Philip,  89: Phe'be,  323: Ruth, 

527: Samuel,  lieutenant,  209;  land 

sold,  457:  Stephen,  43,  541:  


Thomas,  53,  89 :  ■ 
421. 


William,  laud  sold, 


Brunson,  Aaron,  596: Elijah,  242 : 

Ezra,  529: John,  109: Josiah, 

111.  200,  286,  451;  lieutenant,  337: 


Stephen,  582 
119,   249:    - 


Thomas,  justice,  6, 
—    Timothy,    deputy    for 


Salisbury,  569.  613 

Brush,  Edward,   captain,  338: Zac- 

cheus,  ensign,  607. 

Bryan,  Richard,  lieutenant,  268. 

Biick,  Abel,  land  sold,  421: .lustus, 

captain,  575:    Lemuel,  421:  

Pelatiali,  land  sold,  456. 

Buckland,  William,  land  sold,  361. 

Buckingham,    Daniel,    458:  Joseph, 

411;  auditor,  135;  captain,  68;  com- 
mittee, 21,  58,  100,  214,  235,  255,  351, 
360;    justice,  6,  119,  248,  370;  probate 

judge,  5,  117,  247,  369;  dead,  489: 

William,  ensign,  336. 

Buell,  Hiel,  lieutenant,  71:  Jonathan, 

ensign,  266;  lieutenant,  509: -Joseph, 

ensign,  511;  grant  to,  524:  Na- 
thaniel, ensign  in  arm}',  228,  355,  lieu- 
tenant,  620:    Samuel,    land  sold, 

426. 

Bugbee,    Benjamin,    171:    Edward, 

556:  Isaiah,  ensign,  18. 

Bulkeley,  Charles,  deputy  for  New  London, 

492,  668,  612:    Gershom,  deputy 

for  Colchester,  2:  Oliver,    cornet, 

130 : Peter,  141 :  Talcott,  en- 
sign, 263 

Bull,  Benjamin,  290:  Daniel,  lieuten- 
ant, 267;  captain,  512: Isaac,  286: 

Sybbil,  land  sold,  290. 

Bullard,  Solomon,  453. 


Bunnel,    Ebenezer,   lieutenant,    17:    

Jairus,  land  sold,  426:  Parmenas, 

land  sold,  457. 

Burbank,  Timothy,  610. 

Burges,  Joshua,  lieutenant  in  army,  264, 
356. 

Burnham,  Michael,  109;  captain  of  brig 
Tartar,  9,  62;  land  sold,  515. 

Burr,  Andrew,  in  nomination,  65,  180, 
341,  441,  574,  chosen  assistant,  3,  116, 
246,  368,  494;  present,  1,  57,  90,  114, 
173,  212,  219,  244,  302,  347,  366,  435, 
478,  492,  568,  612;  committee,  22,  .32, 
71,  137,495,  573;  judge,  county  court, 
4.  117,  247,  369,  495,  Vobate  court,  5, 

118,  247,  371,  496:  Andrew  jun., 

divorce  set  aside,  544: David,  217, 

533;  deputy  for  Fairfield,  435,  478,  492, 

968:  Ebenezer,    201:    Isaac, 

land  sold,  272:  John,  29;  lieuten- 
ant in  army,  98: Nathan,  586: 

Nathaniel,  captain,  263;  land  sold,  586: 

Nehemiah,  ensign    in    army,  254: 

— —  Samuel,    414:  Thomas,  272: 

William,  397,  449;  deputy  for  Fair- 
field, 173,  213,  220,  244;  justice,  7,  120, 
250,  372,  498. 

Burret,  Peleg,  lieutenant,  444 : Stephen, 

323. 

Burrill,  Charles,  600;  deputy  for  Canaan, 
367,  435,478,    668,    612;  "ensign,    337; 

captain,  577 :   Ebenezer,  606 :  

Nathan,  ensign,  552. 

Burroughs,  Abner,   301 :    Eden  and 

Joseph,    323: Samuel,  land  sold, 

412. 

Burton,  Joseph,  captain,  70. 

Burwell,  Nathan,  619. 

Bush,  Justus,  208. 

Bushnell,  Joseph,  550: Joshua,  en- 
sign, 68: Richard,  394. 

Buswell,  Thomas,  416. 

Butler,    Jonathan,    land    sold,    458:  

Malachi,  land  sold,  463: —— Samuel  S., 

ensign,  652:    Zebulon,    ensign  in 

armv,  98,  lieutenant,  229,  captain,  366, 
485,"619. 

Cable,  John,  80. 

Cady,  Eleazer,  captain,  339:  P^lijah, 

625:  Joseph,   justice,  7,  120,  250, 

499. 
Cagwin,  Richard,  ensign,  267. 
Calkin,  Israel,  grant  to,  191. 
Camp,    Abel,   541:  Abraham,    542; 

captain,  336;  ensign,  552:  Amos, 

lieutenant,  68,  in  army,  97:  John, 

37;  deputy  for  Durham,  173,  213,  220; 

ensign,    507:   Nathan,  deputy   for 

Durham,  116. 
Canaan,  horse-brand,  14;  road  to  Derby, 

506,  581. 
Canada,    expedition    of   1746  alluded  to, 

181,260,409. 
Candee,  Theophilus,  captain,  375. 
Canfield,  Joseph,  captam  in  army,  99. 
Canterbury,  ecclesiastical  society  divided, 

415;  some    inhabitants  set  to  Hanover, 

550. 


INDEX, 


639 


Carpenter,    Anthony,    commissary,    232; 

lieutenant  in  army,  486,  620 :   Eb- 

enezer,  lieutenant,"^  507 :  John,  190. 

Carry],  Amos,  281. 

Carter,    Benjamin,   lieutenant    in    army, 

263,  354: John,  416:  Joseph, 

161. 

Carver,  David,  416. 

Carverly,  John,  ensign,  263. 

Gary,  Benajah,  ensign,  17 ;  lieutenant, 
378: Joseph,  ensign,  70. 

Case,    Abraham,     lieutenant,     20:     

Benajah,    Justice,    120,    250,  372,  498: 

Dudley,  ensign,  20: Ebenezer, 

lieutenant  in  army,  97,  227:  John, 

277;    deputy   for   Symsbnry,  569,  612; 

lieutenant,  20: Jonathan,  ensign  in 

army,  96: William,  captain,  337. 

Castle,    Daniel,  justice,    8:   Henry, 

justice,  121,  250:  Phineas,  lieuten- 
ant in  army,  99,  227,  captain,  355 : 

Samuel,  88. 

Catlin,  Abijah,  deputy  for  Harwinton,  2, 
67,  91,245,  303,  347,  366,  669;  justice, 

8,    121,    200,    37.3,    499:     Daniel, 

deputy  for  Harwinton,  303,  347,  366, 
437,  480;  ensign,  444;   lieutenant,  562: 

Ely,  lieutenant  in  army,  486 : 

Joel,  army  lieutenant,  95;  captain,  552: 
.John,  605,  581. 

Census  of  1762,  574,  630. 

Chalker,  Alexander,  ensign  in  army,  353, 
lieutenant,  619: Isaac,  grant  to,  78. 

Chamberlain,  John,  captain,  130;  lieuten- 
ant, 132;  ensign  in  army,  619. 

Champion,  Henry,  318;  deputy  for  Col- 
chester, 569;  captain,  374,  in  army,  97, 
227. 

Champlin,  James,  171. 

Chandler,  ,)oshua,  324: Lemuel,  land 

sold,  37, 162 : Peter,  167  : Sam- 
uel, 171,  556;  justice,  7,  120,  250,  372, 

499;  surveyor,    575:    Theophilus, 

656:  Thomas,  deputy  for  Wood- 
stock, 57,  91,  115,  174,  214,  221;  justice, 

7,  120,  250,  372;  commissary,  232: 

William,  land  sold,  43,  167. 

Chapman,  Caleb,  captain,  131 : Elijah, 

lieutenant,    337:    Ephraim,    432: 

Ezekiel,  land  sold,  318 : •  James, 

army  lieutenant,  228,  356,  485,  619: 

Jedediah,  deputy  for  Saybrook,  2,  67, 
91;  justice,  6,  120,  249,371,  498;  major, 

68: Jeremiah,  144: Nathaniel, 

land  sold,  28:  Reuben,   ensign  in 

army,  95 : Robert,  land  sold,  534 : 

Rufus,  242:  Samuel,  deputy 

for  Tolland,  58;  captain  in  army,  96: 
Thomas,  etc.,  432. 

Chappel,  Nathaniel,  73. 

Charlestown,  N.  H.  (5Io.  4.)  medicines 
sent  to  troops  at,  21;  troops  to  stay  at, 
61 ;  chaplain  at,  125. 

Charlton,  John,  lieutenant  in  army,  353. 

Chatfield,  Daniel,  army   lieutenant,  486, 

620: Elnathan,  464: Levi,  land 

sold,  464. 

Chatterton,    Samuel,  323:  Stephen, 

324. 


Chauncey,  Elihu,  82,  279,  449,  504,  649; 
deputy  for  Durham,  2,  57,  91,  173,  213, 
220,  245,  366,  436,  479,  492,  613;  justice, 

6,   119,  249,  370,    497;  Nathaniel, 

62;  captain,  338;  justice,  497. 

Chedle,  John,  301. 

Cheesbrough,  Amos,  deputy  for  Stoning- 
ton,  57,  91,  303,  348,  367,  569,  612; 
justice,  120,  249,  371,  498;  major,  506: 

Charles,    Jeremiah   and    Nathan, 

269. 

Chew,  Joseph,  170,  207,  277,  468,  689. 
Chester,  John,    172,    194;  in  nomination, 

65,  180,  341,  441,  574;  chosen  assistant, 
3,  116,  246,  368,  494;  present,  1,  57.  90, 
114,  173,  212,  219,  244,  302,  347,  .366, 
435,    478,  612;    committee,    33,  46,  51, 

66,  81,  129,  146,  108,  175,  191,  214,  235, 
256,  297,  344,  34.5,  351,  389,  393,  410, 
415,  467,  477,  482,  490,  548,  563. 

Chick,  .lohn,  lieutenant  in  armv,  95,  227. 
Child,   Ebenezer,    40:    Elisha,    472: 

Henry  and  Peter,  556 :  Jona- 
than,  army    lieutenant,    229,  356 : 

Nathaniel,  472;  justice,  499;  lieutenant, 
444. 

Chilson,  Sarah,  148. 

Chipman,  Thomas,  deputy  for  Salisbury, 
2. 

Chittenden,  Thomas,  301. 

Christophers,  Christopher,  184,  632: 
Lydia,  144. 

Church,  Caleb,  330;  ensign  in  army,  355: 

Edward,  291: John,  land  sold,  291: 

Joseph,  22: Singleton,  186. 

Church  of  England,  in  Fairfield,  528. 

Churchill,   Daniel    and    Ruth,   540:    

Edward,  323. 

Civil  actions;  book-debt  regulated,  307. 

Civil  authority,  time  for  annual  meeting, 
499. 

Clapp,  John,  288;  deputy  for  Greenwich, 
2,  57,  91,  173,  213,  244,  303,  436,  493, 
570: Mary,  298. 

Clark,  Benjamin,  546;  lieutenant,  18: 

David  land  sold,  197: George,  402: 

Isaac,  ensign,  288:   Hanniel,  will 

established,  403 :  Jacob,  land  sold, 

631,    588:    Joel,  army  lieutenant, 

96,  227;  adjutant,  97;  captain,  354,  620: 

John,  476: Jonathan,  431 : 

Joseph,  52;   justice,    7,    120,  250,  372, 

498;  army   surgeon,    125:  Josiah, 

403;  ensign  in  army,  485:  Michal, 

531:  Nathan,  ensign,  131;  lieuten- 
ant, 266:  Nathaniel,    660;  ensign, 

378;  justice,  7,  120,  249,  371,  498:  -^ — 

Neheraiah,    army    surgeon,    487 :   

Samuel,  38,  583;  army  lieutenant,  96, 
captain-lieutenant,  227,  356;  land  sold, 
193: Timothy,  529;  array  lieuten- 
ant,   254;    ensign,    613:    Thomas, 

justice,  6,  119,  249,  371,  497:  Wat- 

rous,    395,    448:  William,  49,  52, 

162,  242;  lieutenant,  20,  576;  quarter- 
master, 373;  captain,  513:  Zadock, 

land  sold,  683. 

Clauson,  Jonathan,  301. 

Cleaver,  William,  146,  191. 


^^ 


640 


INDEX. 


Clelland,  Robert,  34,  517 ;  grant  to,  414. 

Clesson,  John,  land  sold,  538. 

Cleveland,  Aaron,  416;  army  lieutenant, 

97 : Asa,  Ebenezer,  Ezra,  Hopestill, 

Paine  and  Silas,  416:  Josiah,  415, 

416;  captain,  267:  William,  army 

lieutenant,  485. 

Clinton,  Levi  and  Thomas,  540. 

Close,  Samuel  and  Thomas,  54. 

Cobb,  Gideon,  county  surveyor,  385 : 

Samuel,  deputy  for  Tolland,  115. 

Coburn,  Zebadiah,  grant  to,  86. 

Cockburn,  Sir  James,  296. 

Coe,  David,  lieutenant,  336. 

Coffee  mentioned,  231. 

Cogswell,   Edward,    541 :  Hezekiah, 

172:   James,  415:  Nathaniel, 

ensign,  446. 

Coit,  Daniel,  73,  144,  208,  287,  442;  justice, 

7,  120,  249,  371,  498:  Isaac,  461; 

deputy  for  Plainfield,  57,  91,  115,  174, 

213,    220:    John,    54,    144:   

Joseph,  277,  468,  588:  Lydia,  144: 

Oliver,  lieutenant  in  army,  96 : 

Richard,  144:  Samuel,  deputv  for 

Preston,  57,  91,  367,  493;  justice,  7, 
120,  249,  371,  498;  lieutenant  colonel, 
506,  in  army,  96. 

Colchestei',  highway  in,  545. 

Colden,  Alexander,  398. 

Cole,  Benjamin,  deputy  for  Canaan,  245: 

Ebenezer,    461:  James,  475: 

Jonathan,  land  sold,  531. 

Coleman,   John,    154,  411,   558;    captain, 

444:    Nathaniel,    quarter-master, 

511. 

Collins,  David,  ensign  in  army,  227 :  

Edward,  601 ;  deputy  for  Enfield,  3,  58, 
92,  116,  174,  214,  22l',  245,  303,  348,  436, 

479,  494,  569,  613:  Giles,  607: 

John,  607,  army  lieutenant,  620:   

Timothy,  justice,  8,  121,  250,  372,  499, 
army  surgeon,  621. 

Colton,  Benjamin,  ensign,  377;  lieutenant, 
508. 

Colyer,  Hezekiah,  476. 

Committee  of  the  Pay  Table,  appointment 
to,  489. 

Comstock,  Daniel,  lieutenant,  69;  captain, 

445;  land  sold,  320:  Eliphalet  and 

Samuel,    641 :    .John,    deputy    for 

New    Milford,    58,    91;    land  soldl^  457, 

540: Joseph,  457,  540: Nathan, 

ensign,  16;  lieutenant,  267. 

Conant,  Shubael,  398,  546;  deputy  for 
Mansfield,  2,  57,  91,  114,  173,  213,  220, 
244,  302,  347,  366;  speaker,  3,  58,  92, 
116,  174,  214,  221,  245,  304,  348;  in 
nomination,  65,  180,  341,  441,  574; 
chosen,  assistant,  368,  494 ;  present,  435, 
478,492,  568,  612;  justice,  7,  120,  250, 
372,  498. 

Cone,  Daniel,   justice,   6,    119,  249,  370, 

497 : Elijah,  ensign,  374 : James, 

grant  to,  420: .Joseph,  ensign,  210: 

Reuben,  331,  342,  434 : Stephen, 

331,  432,  434,  563. 

Congdon,  John,  land  sold,  406. 

Conkhn,  Nevil,  443,  475. 


Connecticut  Gazette,  60. 

Contempt  of  authority,  139. 

Convention  of  colonial  commissioners, 
provision  for,  64,  104. 

Converse,  Edward,  captain,  580 : Jon- 
athan, land  sold,  586:  Josiah,  163; 

deputy  for  Staflbrd,  58,  91,  115,  244, 
669,  612. 

Cook,    Benjamin,    land    sold,    271:  

Charles,  323: David,  172,  212: 

Ephraim,  captain,  16.  in  army,  97: 

John,  271,  321;  justice,  8,  121,  251,  373, 

499:  Phineas,  abducts    De    Ming, 

27;  misuses  Cromwell,  32,  71,  138,  294, 
333,  443:  Robert,  610:  Sam- 
uel, 54,  323,  610 :  Thaddeus,  lieu- 
tenant,   69,    446:  William,    army 

chaplain,  487. 

Cooley,    George,  lieutenant  in  army,    96: 

.lonathan,  289:    Luke,  lieutenant, 

266;  cantain,  511: Reuben,  ensign, 

511. 

Cooper,  Abraham,    land    sold,    319,  555: 

Joel,  lieutenant,  336 : Joseph, 

land  sold,  589:  Samuel,  324;  land 

sold,  37,  277,  523:  Stephen,    589: 

Thomas,  423:  Timothy,  324. 

Corning,  Robert  and  Malachi,  448. 

Cornish,  John,  324. 

Cornwall,  ecclesiastical  tax,  51;  bridge 
in,  88;  to  send  list,  135,  262. 

Cotton,  John,  lieutenant  in  army,  228. 

Couch,  Ebenezer,  ensign  in  army,  98, 
lieutenant,  228,  355. 

Counties,  tax  how  levied  by,  308. 

Court  houses,  expense  of  building,  how 
defrayed,  308. 

Cowles,  Josiah,  captain,  577 : Samuel, 

31 : Solomon,  ensign,  337 :  captain, 

576. 

Craft,  Samuel,  deputy  for  Pomfret,  367, 
435,  478,  49-3,  569,  612. 

Crane,  John,  lieutenant,  579,  in  army, 
354:  Silas,  152. 

Crary,    Benjamin,    ensign    in    army,    97, 

lieutenant,    254:  George,    captain 

in  army,  356 : John,  251 : justice, 

7,  120," 250;  probate  judge,  5,  118,  247. 

Criminal  matter:  court  has  no  jurisdic- 
tion in  case  of  homicide  out  of  the 
colony  limits,  208. 

Crocker,  Levi,  ensign,  70;  lieutenant,  509; 
ensign  in  army,  99. 

Cromwell,  Robert,  32,  71,  138,  288,  294, 
333,  443. 

Crooker.  Joseph,  land  sold,  600. 

Cross,  Zebulou,  201. 

Crowfoot,  Daniel,  562 : Ephraim,  149. 

Crown  Point  expedition,  1756,  accounts  to 
be  adjusted,  58. 

Culver,  Benjamin,  ensign  in  army,  99, 
lieutenant,'  227,  354. 

Curtis,  Abner,  ensign  in  army,  227,  354, 

lieutenant,    486: Benjamin,   605; 

deputy  for  Newtown,  116: Ebene- 
zer, ensign  in  army,  354: Edmund, 

192 : Frederick,  grant  to,  467  : 

Israel,  451: .Jeremiah,  273;  deputv 

for  Farmington,  115,  17.3,  213,  220: '- 


INDEX. 


641 


John,  deputy  for  Canterbury,  367,  436, 

479;  justice,  499: Jonathan,  695: 

Josiah,  138,  183,    206: Mar- 
garet, land  sold,  78,  413:  Nathan, 


Stephen,  88;  ensign,  21: 


Thomas,    captain,    265 : Zebulon, 

captain,  265,  446. 
Cushman,  James,  195. 
Cutler,  Ezekiel,  land  sold,  159 : Hez- 

ekiah,  403:  Joseph,    ensign,    267; 

captain,  512: William,  461. 

Cuyler,  Cornelius,  260,  332. 

Dan,  Abraham,  grant  to,  365. 

Dana,  Isaac,  ensign   in    army,  619: 

.James,  344. 

Danbury,  society  of  Bethel  in,  290,  312. 

Daniels,  Nathaniel,  lieutenant,  512. 

Danielson,  Samuel,  deputy  for  Killingly, 
173,  213,  220,  30.3,    348,  436,  479,  569, 

613;  justice,  7,  120,  250,  372,  499: 

William,  lieutenant,  376. 

Darby,  James,  301,  397. 

Darin,  Joseph,  54. 

Darling,  Samuel,  38,  86, 148,  207,  324 : 

Thomas,  296,  324,  624;  justice,  119,  249, 
371,  442,  497. 

Darrow,  Christopher,  lieutenant  in  array, 
356. 

Dart,  .Joshua,  534. 

Davenport,  Abraham,  85,  521;  deputy  for 
Stamford,  58,  244,  303,  348,  366,  436, 
479,  493,  568,  612;  clerk,  367,  437,  480, 
494,  570,  613 ;  justice,  7,  120,  250,  .372, 

498:  Deodate,  67,  283;  justice,  6, 

119,  249,  371,  497. 

Davis,  Benajah,  406: Benjamin,  en- 
sign in  army,  227: Enoch,  captain, 

444:    Ezra,    land  sold,  112: 

John,  lieutenant,  378,  510:  Jona- 
than, 112:  Nathaniel,   deputy  for 

Harwinton,   245:    Samuel,    army 

lieutenant,  98. 

Day,  Aaron,  216,  325:  David,  lieu- 
tenant, 374: John,  justice,  6. 

Dayton,  Caleb,  200: fsrael,  land  sold, 

80: Josiah,  land  sold,  200. 

Dean,    Abijah    and    Nathaniel,  461: 

John,  145,  389:  Lemuel,  grant  to, 

241: Seth,  434: Silas,'415,  547. 

DeForest,  Hezekiah,  cornet,  131 ;  captain, 
374. 

Delop,  James,  416. 

DeMiO,  Anthony,  396,  449. 

DeMing,  Joseph,  kidnapped,  27. 

Deming,  Joseph,  79 : Samuel,  25 : 

Wait,  armorer,  126. 

Denison,    Andrew,   ensign   in   army,    97: 

Daniel,  lieutenant,  210 : John, 

73;    deputy    for    Stonington,  436,    479; 

captain     iu    army,    98:    Joseph, 

deputy  for  Stonington,  174,  214,  221; 
justice,  7,  120,  249,  371,  498: Sam- 
uel, 28;  lieutenant,  361: Sherman, 

ensign,    361:  William,    ensign    in 

army,  356,  486,  619,  lieutenant,  620. 

Dennis,  George,  lieutenant,  466. 

Deodate,  Sarah,  324. 

81 


Derby:  sale  of  indian  land  in,  423;  road 
to  Canaan,  505,  581. 

Desborough,  Joseph,  566. 

Dewey,  Ann,  Elijah,  Simeon  and  William, 
431 : Joseph  and  Samuel,  52. 

DeWolf,    Jabez    and    Josiah,    164:   

Lewis,  170: Simon,  164;  land  sold, 

163,  585. 

Dibble,  Abraham,  29,  407: Ebenezer, 

575 ;  ensign  in  army,  228,  620,  lieuten- 
ant,  865 : Jonathan,   deputv    for 

Stamford,     115,    174,    214,    221:" 

Thomas,  29;  land  sold,  407,  516. 

Dickerman,  Isaac,  deputy  for  New  Haven, 

1,  57,  91;  justice,    6,    119: John, 

Stephen,  Susanna,  324,  325 : Joseph, 

325,  425. 

Dickerson,  Nehemiah,  lieutenant  in  army, 

621. 
Dickinson,   James    and    Ruth,    44:    

Samuel,  320. 
Dikeman,  Cornelius,  38. 
Dimock,  Samuel,  justice,  7. 
Dimon,    Ebenezer,    land    sold,    88: 

Moses,  justice,  7,  120,  250,  372,  498. 
Disbrow,  Joshua,  land  sold,  455. 
Divine,  Joseph  and  Nathaniel,  595. 
Divorce  of  A.  Burr  set  aside,  544. 
Dixon,  Archibald,  house  burnt,  456: 

John,  ensign,  19:  Robert,  deputy 

for    Voluntowii,   2,    116,    174,  213,  220, 

244,  303,  348,  367,  437-,  494,  613;  justice, 

7,  laO,  250,  372,  498. 
Doane,  Eleazer,  armorer,  126. 
Dodge,  Ebenezer,  grant  to,  408 : Ezra, 

323. 
Doolittle,  Caleb,    ensign,    16:  Isaac, 

107;  annorer,  126. 
Dorchester,   Benjamin,   Caleb  and    John, 

323. 
Dorman,    Benjamin,    Israel,    Joseph    and 

Sarah,   323 : Daniel,  Ebenezer  and 

Ruth,  325. 
Dorr,  George,  deputy  for  Lyme,  115,  367 ; 

justice,  371,  498. 
Dorrance,    Gershom,    army  surgeon,  229, 

357,  487 : Samuel,  434. 

Dorwin,  Epbraim  and  Samuel,  29. 
Douglas,  Asa,  397,  546;  ensign,  577: 

.John,  461 ;  lieutenant,  373. 
Downer,  Joseph,  195 ;  land  sold,  197 : 

Stephen,    ensign    in    army,    619:   

William,  195,  197.    ' 
Downing,  Ichabod,  ensign,  266. 
Downs,  Ebenezer,  captain,  20. 
Drake,  Jeremiah,  licensed  as  tanner,  194. 
Dresser,  Jacob,  28;  deputy  for  Killingly, 

2,  58,  92,  115,  244,  303,  348 ;  justice,  7, 

120, 250,  372,  499 : Jonathan,  deputy 

for  Pomfret,  2,  58,  92,  115,  174,  213, 
220,  245,  303,  348,  478,  493,  569,  612. 

Drinkwater,  William   and   Susanna,  111, 

200,  286. 
Drown,  Solomon,  342,  389. 
Dudley,     Daniel,    land    sold,    520: 

Josiah,  land  sold,  311. 
Dummer,  Nathan,  323. 
Dunbar,  James,  325, 


642 


INDEX. 


Dunham,  Samuel,  205;  deputy  for  Sharon, 

115,  367:  —  Silas,    321,  581;  ensign, 

445 : Solomon,  land  sold,  555 : 

William,  ensign,  374. 

Dunlap,  Joshua,  461. 

Dunning,  Benjamin,  lieutenant,  508. 

Dunstee,  William,  323. 

Durfee,  Richard,  186: Sarah,  187. 

Durham,  Chauncey  vs.  52. 

Dui-ham,  Samuel,  530,  601. 

Durkee,  John,  228;  captain  in  army,  98, 

228,    major,    226,    356,   484,  618: 

Robert,  lieutenant  in  army,  97,  captain- 
lieutenant,  228,  captain,  356,  485,  610; 
grant  to,  413 :  —  William,  536. 

Duty  on  shipping,  10,  469,  on  tea  and 
other  goods,  10. 

Dwight,  Daniel,  army  surgeon,  125,  229, 

357: Samuel,  424:  Timothy, 

298. 

Dyer,  Ebeuezer,  365,  558;  grant  for  ser- 
vices, 279,  427 : Eliphalet,  53,  127, 

325,  425;  deputy  for  Windham,  114, 
244, 366 ;  lieutenant-colonel,  297 ;  colonel 
in  army,  97;  justice,  7,  120,  250,  372, 
498;  in  nomination,  180,  341,  441,  574: 

James,    captain,    508: John, 

154,  279,  427;    deputy  for  Canterbury, 

116,  173,  213,  220,  302,347,  367;  justice, 
7,  120,  250,  372,  498: Joseph,  quar- 
ter-master, 339. 

Eames,  Josiah,  ensign,  465, 

East  Greenwich,  (Kent,)  ecclesiastical  tax, 
83,  160. 

East  Hampton,  ecclesiastical  tax,  475. 

Eastabrook,  Nehemiah,  deputy  for  Mans- 
field, 493;  army  lieutenant,  226,  captain, 
356. 

Eastman,  Jonathan,  grant  to,  86. 

Easton,  Elijah  and  Elizabeth,  319. 

Eaton,  Joseph,  cornet,  339. 

Ecclesiastical:  new  societies  formed. 
Bethel,  290,  312,  in  Canterbury,  415, 
Hanover,  455,  550,  Milford  presbyterian, 
402,  Mount  Carmel,  39,  77,  in  New 
Haven,  323,  425,  Norfield,  38,  80,  North 
Bolton,  421,  459,  North  Fairfield,  587, 
Norwich  eighth,  656,  in  Plainfield,  412, 
461,  Ridgbury.  521,  597,  in  Stafl^ord, 
516,  in  Windsor,  32,  287,  311,  in  Wal- 
lingford,  344,  in  Woodstock,  27,  388, 
470;  winter  parishes,  in  Farmington, 
596,  in  Goshen,  41,  Litchfield  S.  Farms, 
541,  608,  Middlebury,  451,  in  Torriug- 
ton,  29,  Wapping,  694,  in  Woodbury, 
582;  baptists  in  Enfield,  34;  church  of 
England  in  Fairfield,  528;  trouble  in 
Norwich  first  society,  29,  in  Poquonnock, 
383,  in  Wallingford,  517;  support  of 
New  London  first  society,  198;  Saybrook 
Platform  reprinted,  333,  489,  565. 

Edgcomb,  John,  lieutenant  in  army,  96, 
226. 

Edgerton,  Jonathan,  ensign  in  army,  97. 

Edmenson,  William,  296. 

Edmonds,  James,  681. 

Edwards,  Daniel,  172,  412;  in  nomination, 
65, 180,  340,  441,  674;  chosen  assistant. 


3,  116,  246,  368,  494;  present,  1,  67,  114, 
173,  212,  219,  244,  302,  347,  366,  435, 
478,  492,  568;  committee,  21,  32,  56,  68, 
90,  262,  297,  336,  482;  judge,  superior 
court,    4,    117,    247,    369,  496,  probate 

court,    489,    496:    Jonathan,    298, 

430 : Pierpont,  Timothy,  Susannah, 

Elizabeth,  Lucy,  298:  — —  Richard, 
412. 

Eells,  Edward,  27;  army  chaplain,  99,  229. 
Eggleston,   Edward,    land   sold,   87,    151, 

406 : Ephraim,  Isabel  and  Joseph, 

143. 
Egremont,  earl  of,  letters  received  from, 

613,  622. 
Elderkin,  Jedidiah,  53,  239;    deputy    for 

Windham,  492 ;  justice,  7,  120,  250,  372, 

498;  ma,jor,  336: Joseph,  394. 

Election  sermons:    Mr.  Reynolds,  (1757,) 

4,  Mr.  Throop,  (1758,)  117,  Mr.  Lock- 
wood,  (1769,)  247,  Mr.  Fish,  (1760,)  369, 
Mr.  IngersoU,  (1761,)  495. 

Eliot,  Aaron,  deputy  for  Killingworth, 
246;  justice,  6,  120," 249,  371,  498;  lieu- 
tenant colonel,  67 :  John,  73,  323, 

604:  Joseph,  deputy  for  Killing- 
worth,  366;  ensign,  581: Nathan, 

deputy  for  Kent,  436,  479,  493,  569,  613. 

Ellington,  in  Staftbrd  probate  district,  298. 

Ellsworth,  David,  564:  — —  John,  captain, 
680;  ensign  in  army,  96,  lieutenant,  227, 
captain-lieutenant,  353,  captain,  354, 
485. 

Elmore,    Samuel,   army  captain,  99,  228, 

365,  486,  620:   Thomas,    89,  171, 

432. 

Ely,  Abner,  663: Daniel,  deputy  for 

Lyme,  493 ;  justice,  7,  120 : Ezra, 

ensign,  338:' James,  170,  207,  408: 


Joseph,  army  lieutenant,  98 : 


Richard,  407 : Samuel,  deputy  for 

Lyme,  2,  57,  91,  303,  348,  367;  justice, 

7,  120,  249,  371,  498: William,  land 

sold,  408: Wells,  ensign  in  armv, 

98,  lieutenant,  254. 

Embargo  laid,  22,  105. 

Emmons,  Woodruff',  51. 

Enfield,  baptists  in,  34. 

England:  acts  of  parliament  printed,  90, 
106;  address  to  the  king,  437;  letters 
received  from,  92,  104,  106,  221,  349, 
480,  613,  622;  money  received  from, 
237,  238,  345,  489,  574;  war  accounts  to 
be  sent  to,  238;  agents  appointed;  J. 
Trumbull,  108,  J.  IngersoU,  127,  257, 
574,  R.  Jackson,  358,  438,  674,  T.  Life, 
439,  Agent  Partridge  dead,  258,  345; 
George  third  proclaimed,  478;  answers 
to  queries  from,  573,  628. 

English,  Benjamin,  325. 

Eno,  James   and    Ann,    554:  Roger, 

ensign  in  army,  353,  captain-lieutenant, 

485j'captain,  619: Samuel,  justice, 

6,  119,  249,  370,  497. 

Equity,  superior  court  has  not  jurisdiction 
in,  647. 

Estates,  settlement  of  insolvent,  379; 
settlement  of  J.  Marshall's  396,  449. 

Evans,  Edward,  461. 


INDEX. 


643 


Everitt,  Daniel,  justice,  8,  121,  250,  372, 

499. 
Eversley,  William,  146. 
Everts,  John,  deputy  for  Salisbury,  2,  58, 

92,   115.  367,  436,'  493,    569,  613:  

Nathaniel,  lieutenant  in  ai-my,  99. 
Evidence:  commission  to  take  in  perpet- 

uam,  394. 


Fairbanks,  David   and    Mary,    364: 
Samuel,  lieutenant,  70,  in  army,  98. 


Fairchild,    Curtis,    329: Jonathan. 

lieutenant  445:  Peter,  army  lieu- 
tenant,  355:  Robert,  296;    deputy 

for  Stratford,  2:  justice,  7,  120,  250, 
372,  498: Samuel  and  Thomas,  37. 

Fairfield,  Norfield  society  established,  38, 
enlarged,  80;  troops  quartered  in,  190, 
217,  295,  339,  341 ;  land  sold  in  Reading, 
137 ;  and  Norwalk,  bridge  between,  560 ; 
Trinity  church,  528;  North  Fairfield 
society  asked  for,  587. 

Fairman,  Richard,  deputy  for  Newtown, 
245,  570,  613;  justice,  250,  372,  498. 

Fairweather,  Benjamin,  ensign,  467. 

Fansher,  John,  327. 

Fanton,  Sarah,  38. 

Fannington:  ecclesiastical  tax  Northing- 
ton,  200 ;  highway  in ,  430 ;  winter  parish 
and  school  district  in  southeast  part, 
596. 

Farnum,    Eliab,    289 : Joseph,  army 

lieutenant,  254,  356. 

Farrar,  Benjamin,  388. 

Fast  day  appointed,  130,  293. 

Fay,  Jedidiah,  deputy  for  Ashford,  58,  92, 
245,  303,  348,  367,  437,  480,  569,  612; 
captain  in  army,  98;  grant  to,  285,  414. 

Fellows,    Jonathan,    land    sold,  279,  526: 

Thomas,    85,    421:  William, 

land  sold,  85,  421. 

Felshaw,  John,  37,  162. 

Fenn,  Benjamin,  402 ;  lieutenant,  266. 

Fenton,  Nathaniel,  army  lieutenant,  98. 

Ferries:  Gilly's,  Suffield,  189,  270,  Hart- 
ford, 138,  282,  King's,  Suffield,  274,  at 
Middle  Haddam,  51,  Middletown,  270, 
New  Haven,  East  River,  582,  New  Lon- 
don, 439,  Oronoke,  271,  Saybrook,  439, 
407,  442,  Sti-atford,  138,  18"3,  519;  fare 
for  wheel  carriages  over,  439. 

Ferris,    David,    138:  John,   justice, 

120,  250,  372,  498: Nathan,  ensign 

in  army,  98,  lieutenant,  228,  355 : 

Reuben,  lieutenant  in  army,  98,  captain, 
254. 

Filer,  Samuel,  captain,  265;  ensign,  467; 
lieutenant,  610. 

Filley,  Nathaniel,  ensign,  18. 

Fillmore,  John,  275. 
i  /    Finch,  James  and  Peter,  491. 

Finney,  Jonathan,  207. 

Fish,  Eliakim,    army   surgeon,  621:  

Daniel,  deputy  for  Voluntown,  67,  91 : 

Joseph,     army     chaplain,     99; 

preach  election  sermon,  369 : Moses, 

deputy  for  Groton,  57,  91,  115. 

Fisheries:  penalty  for  placing  obstructions 
in  rivers,  309. 


Fisk,  Ebenezer,  annexed  to  Southington, 

406: John,  deputy  for  Middletown, 

244 : Jonathan,  land  sold,  419. 

Fitch,    Adonijah,   justice,    7,    120: 

Azel,    lieutenant  in  armj',  97,  captain, 

227,  354,  486,  602,  621: Ebenezer, 

71;  ensign,  375:  Eleazer,  71,  242, 

632;  colonel  in  army,  97,  226,  228,  355; 
deputy  for  Windham,  492;  captain,  375: 

Elijah,  189:  Elisha   overseer 

of    Indians,    442:    Ichabod,   594: 

.labez,  385;  deputy  for  Canterbury, 

2,  57,  91,  245,  493,  569;  army  captain, 
229;  justice,  7,  120,  260,  372,  498;  pro- 
bate "iuds;e,  251,  369,  496:  James, 

deputy  for  Norwalk,  1,  58,  92,  115,  173, 

213,  220;  land  sold,  35:  John,  71, 

76:  Jonathan,    50,    325,  465,  632: 

Nathaniel,    army    surgeon,    357 : 

Pelatiah,    151,  412:  Samuel, 


587;    deputy    for    Norwalk,    436,    479, 

493;  justice,  7,  120,  260,  372,  498: 

Theophilus,  justice,  7,  120,   250, 

372,  498 :  Thomas,  in  nomination, 

65,  180,  340,  441,  574;  chosen  governor, 
3,  116,  246,  368,  494;  present,  1,  56,  90, 
114,  173,  212,  219,  244,  302,  347,  366, 
435,  478,  492,  568,  612 ;  grants  to,  297, 
477,  565,  611 ;  letters  to  Board  of  Trade, 

628: Thomas  jr.,  401,  573;  deputy 

for  Norwalk,  668,  612;  justice,  260,  372, 
498. 

Flagg,  Samuel  and  Sarah,  31. 

Flnskey,  Owen,  grant  to,  110. 

Foot,  Abraham,    lieutenant  in  anny,   96, 

354,  captain-lieutenant,  486,  620: 

Asa,  ensign,  263 : David,  land 

sold,  280: Israel,  170:  Jacob, 

ensign    in   army,   227: Jonathan, 

280:  Nathaniel,   justice,    6,    119, 

249,  370,  497 : Robert,  deputy  for 

Branford,  173,  213,  220,  303,  348. 

Forbs,  David,  land  sold,  87. 

Ford,  Stephen,  323. 

Foster,  Jonah,  521,  597. 

Fowler,  Abraham,  ensign,  266 : John, 

587;  captain,  268;  deputy  for  Milford, 
303,   348,  367,    436,    479,  493,   568,  612; 

justice,    498:  Jonathan,  402: 

Joseph,  32,  127,  276,  335,  383;  deputy 
for  Lebanon,  1,  115,  244;  justice,  7,  120, 

250,  372,  498 ;  judge  superior  court,  4, 
117,  247;  in  nomination,  65,  180. 

Francis,  Elijah  and  James,  397,  546. 

Franklin,  John,  ensign,  679. 

Frazier,  Col.,  his  battalion  quartered  in 
Fairfield  county,  190,  206,  243. 

Freeman,  Samuel,  ensign,  554. 

French,  Abner,  551 : Charles,  justice, 

371,  497 : John,  lieutenant,  70: 

Jonathan,  550. 

Frost,  Isaac,  land  sold,  587. 

Fuller,  Daniel  and    Mary,  400,  515:  

Ephraim,    ensign    in    army,    96 :    

Jacob,  550 : John,  325 : Sanauel, 

426,  626 :  Stephen,  justice,  7,  120, 

250,  372,  498: Thomas,  318,  638. 

Gains,  Nathaniel,  land  sold,  195. 


644 


INDEX. 


Gale,  Benjamin,  deputy  for  Killingworth, 
2,  57,  91,  114,  245,  303,  348,  436,  479; 
justice,  249,  371,  498. 

Gallop,  Ozias,  461 : Thomas,  160,  461. 

Galpin,  Samuel,  ensign,  264. 

Galusha,  Daniel,  46. 

Gardiner,  David,  332,  385,  589,  605;  dep- 
uty for  New  London,  173,  213,  220,  244, 
302,  347. 

Gates,  James,  captain,  263:  Josiah, 

captain,  267;    lieutenant    in  army,  97: 

Samuel,  621,  597;  quarter-master, 

130 ;  cornet,  373 :  Thomas,  deputy 


for  Plainfield,  493. 
Gay,  Ebenezer,  27 : 


Elisha,  deputy  for 

Kiilingly,  493 : John,  207 ;  deputy  for 

Sharon,  492 ;  justice,  499. 

Gaylord,  Benjamin,  deputy  for  New  Mil- 
ford,  366;  ensign,  376: Eliakim,  en- 
sign, 610:  Nehemiah,  29;  ensign, 

578: Samuel,  captain  in  army,  95, 

226,  353. 

Geer,  Ebenezer,  captain,  553 : 


Robert, 
—  Shu- 


deputy   for  Groton,  436,  479 
bael,  ensign,  513. 

Gerrald,  Reuben  and  Ruth,  461. 

Gibbs.  Henry,  608 : Thomas  and  Han- 
nah, 217,  314: Zebulon,  641;  en- 
sign in  army,  99. 

Giddings,  Joseph,  lieutenant,  133;  cap- 
tain, 445: Nathaniel,  454. 

Giftbrd,  Samuel,  ensign,  210;  lieutenant  in 
army,  356. 

Gilbert,  Aaron,  David,  James,  Matthew, 
Michael,   Solomon,  Thomas,    323,  325: 

John,   323,   535,  687;  ensign,  576: 

Nathaniel,   lieutenant,    375: 


Samuel,  323;  deputy  for  Hebron,  115, 

494;  justice,  6,   119,249,370,497: 

Theodore  and  Mary,  54. 

Gillett,  Jonah,  327,  407 : .Jonathan,  29 ; 

lieutenant,  19;  captain,  576;  lieutenant 
in  army,  96,  353:  ensign   in  army,  226; 

land  sold,  661: Joshua,  land  sold, 

162 :  Matthew,  justice,   499 :  -^ 


Zaccheus,  ensign,  507 

Gills,  John,  325. 

Gilman,  John,  captain,  466;  land  sold, 
598: Josiah,  598: Solomon,  en- 
sign, 69. 

Glading,   Experience,  151:    Joshua, 

land  sold,  152. 

Gleason,  Joseph,  515. 

Glover,  Henry,  deputy  for  Newtown,  174, 

213,  220,  303,  348,  3'^67: John,  564; 

deputy  for  Newtown,  67,  91,  492. 

Godfrey,  David,  409. 

Goff,  Isaac,  75. 

Gold,  Abraham,  ensign,  68;  lieutenant, 
337. 

Goodale,  John,  land  sold,  284. 

Goodin,  Prince,  grant  to,  539. 

Goodrich,  David,  169,  310,  474: Elizur, 

deputy  for  Wethersfield,  115,  173,  213, 
220,  367,  494;  justice,  6,  119,  249,370, 
497:  • — —  Gideon,  army  lieutenant,  95, 
227,  253,  354 : Josiah,  anny  lieuten- 
ant, 226,  353: Stephen,  land  sold, 

327,  407. 


Goodsell,  Rev.  John,  39,  80. 

Goodwin.  Eleazer,  deputy  for  New  Hart- 
ford, 303,  348:   Ozias,  72. 

Gordon,  John,  deputy  for  Voluntown,  57, 
91. 

Gore,  Obadiah,  ensign,  561. 

Gorham.  John   and   Timothy,    323:   

Hezekiah,  325. 

Goshen,  winter  parish  in,  41 ;  horse-brand 
441 ;  vs.  Litchfield,  611. 

Gould,  William, quarter-master,  268;  lieu- 
tenant, 510. 

Governor,  to  issue  proclamation  to  sup- 
press vice,  64,  489;  to  fill  vacancies  in 
army,  99,  126,  234,  254,  486;  to  draw 
bills  on  England,  128,  346,  437,  491,  502 ; 
to  appoint  fast,  130,  293;  to  answer 
Board  of  Trade,  573. 

Graham,  John,  army  chaplain,  621. 

Granger,  Abner,  quarter-master-sergeant 

in   army,   96:   Abraham,    ensign, 

265 : Charles  and  Moses,  664. 

Grant,  Alexander,  53 : Ebenezer,  654, 

601 : iJsljn)  594 : Noah^captain, 

: "Patrick,  54: Solomon"86: 


70 


Thomas,  594. 


John, 


Graves,  David,  land  sold,  412: 
justice,  6,  119,  249,  371,  498. 

Gray,  Samuel,  63,  238,  385;  deputy  for 
Windham,  173,  213,  220,  244,  302,  347, 
435,668,  612;  justice,  7,  120,260,  372, 
498. 

Green,  Eleazer,  land  sold,  317 : Fran- 
cis, 76: Henry,  captain,  132:  

John,  agreement  with,   as   printer,  50; 

grant  to,  90: Joseph,  392;  ensign  in 

army,  96;  grant  to,  522: I'hineas, 

ensign,  239: Timothy,  50,  231,  489; 

grants  to,   55,  172,  211,  "297,  344,   385, 
477,  565,  611: Warren,  ensign,  511. 

Greenell,  Daniel  and  William,  542. 

Greenfield,  society  asked  for  from  part  of, 
686. 

Greenough,  William,  50,  323,  394,  624. 

Greenwich,  population  in  1762,  676. 

Grenold,  Daniel,  ensign  in  army,  229. 

Gridley,  Hezekiah,    justice,  6,   119,   249, 

370,497 : Saniuel,  ensign  in  army, 

226,  lieutenant,  253,  353. 

Grier,  Cornelia,  146. 

Griffin,  Jasper,  lieutenant,  506 : James, 

73 : John,  396,  449: Nathaniel, 

lieutenant  in  army,   96;  grant  to,  661: 
Silence,  land  sold,  277. 

Grigs,  John  and  Dorothy,  40. 

Griswold,    Benjamin,   captain,  578: 


Daniel,  army  lieutenant,  264,  364,  486, 

619;  justice,  499: David,  424: 

pjlisha,  captain,  511: George,  cap- 
tain, 131 : John,   161 ;  deputy  for 

•  Lyme,  2;  justice,  6,   119,  249,  371,  498; 
lieutenant,   374;  ensign    in  army,  366, 

lieutenant,  485: Josiah,  major  in 

army,  95:  Matthew,  36,  182,208, 

443;  deputy  for  Lyme,  115,  174,  221, 
244;  in  nomination,  65,  180,  340,  441, 
674;    chosen    assistant,   246,   368,  494; 

present,  347,  366,  435,  478,  568,  612 : 

Moses,  ensign,  131: Nathan,  ensign. 


INDEX. 


445;  lieutenant,  577: 


Shubael,  29; 


ensign  in  army,  96,  lieutenant,  227,  353. 

Gross,  Simon,  431. 

Groton,  indian  land  in,  287,  415,  477,  547. 

Grosvenor,  Caleb,  190:  John,  justice, 

499:  Joshua,  lieutenant,  211. 

Gi'uman,  Nehemiah,  quarter-master,  131 ; 
cornet,  374: Samuel,  198. 

Guernsey,  Joseph,  530. 

Guilford,  bounds  between  Killingworth 
and,  293 ;  first  and  fourth  societies  regu- 
lated, 404. 

Gun,  Abel,  deputy  for  Derby,  115,  174, 
214,  221,  367,  493 : Joseph,  83. 

Haddam,  tax  abated,  85. 

Hale,  Jonathan,  51;  justice,  6,  119,  249, 
370,  497:  Sarah,  154. 

Hall,  Abijah,  475,  captain,  445: Abra- 
ham, land  sold,  524: Asahel,  ensign, 

16,  in  army,  97 :  Benjamin,  40,  82, 

530 ;  in  nomination,  65, 1 80, 341, 441, 574 ; 
chosen  assistant,  3,  116,  246,368,  494; 
present,  1,  57,  90,114,  173,  212,  219,244, 
302,  347,366,  435,478,  492,  568;  justice, 
6,  119,  249;  judge,  superior  court,  344, 
369,  495:    — —  Daniel,  land  sold,  424: 

Eliakim,  344 ;  deputy  for  Walling- 

ford,  1:  Elihu,  82,  106,  609;  dep- 
uty for  Wallingford,  92,  58,  115;  jus- 
tice, 6,  119,  249,  371,  497:    Elna- 

than,  320 ;  lieutenant,  17 ;  captain,  507 : 
George,  land  sold,  163:  Gil- 
bert, set  to  Judea,  285 :  Giles,  lieu- 
tenant   of  Colony    brig,  9:  Isaac, 

163:  Jabez,  armj^  lieutenant,  228, 

355,  486,  620:  Jacob,  ensign,  18: 


■  James,  array  lieutenant,  98 : 


John,  325,  344,  395,  624;  justice,  6,  119, 

249,    371,    497;   lieutenant,    511:    

Joseph,  341:  Mary,  111:  — -  Mo^ 

ses,  army  lieutenant,  485,  619 : 
thaniel,  army  captain,  254: 
captain,  16: 


Na- 
Peter, 
Samuel,  606;  deputy 
for  Wallingford,  245,  348;  justice,  6,  119, 
249,     371,    497;    lieutenant,    579:    

^  William,  deputy  for  Mansfield,  2,  57,  91, 
114,  173,  213,  220,  244,  302,  347,  366, 
436,  479,  570,  613. 

Hallam,  John.  171. 

Hally,  John  and  Sellick,  399. 

Hamilton,  David,  army  lieutenant,  99,  254: 
.Silas,  241. 

Hamlin,  Christopher,  army  lieutenant,  95, 

227,  353:  .labez,  81,  154;   deputy 

for  Middletown,  3,  58,  92,  116;  in  nomi- 
nation, 65,  180,  346,  441,  574;  chosen 
assistant,  116,  246,  368,  494;  present, 
173,  212,  219,  244,  302,  347,  366,  435, 
478,  492,  568,  612;  auditor,  503;  com- 
missary, 103,  124,  231,  357,  484,  621; 
committee,  22,  30,  51,  66,  63,  136,  140, 
181,  238,  279,  282,  294,  295,  325,  335,  360, 
383,  388,  410,  416,  425,  470,  477,  504, 
548;  justice,  6;  judge,  county  court,  4, 
117,  247,  369,  495,  prebate  court,  5,  118, 
248,  369,  496:  Silas,  364. 

Hammond,  Elijah,  deputy  for  Bolton,  245. 

Hanchet,  Ezra,  John  and  Rhoda,  564. 


^ 


645 


Hancock,  Thomas,  342. 

Haney,  James,  proceedings  against,  for 
homicide,  208. 

Hanford,    Phineas,    captain,    552:     

Stephen,    ensign    in    army,   621:    

Thomas,  456 ;  quarter-master,  580. 

Hanover  society,  in  Norwich,  constituted, 
456,  550. 

Hard,  James,  captain,  510;  lieutenant  in 
army,  98. 

Harding,  Israel,  army  lieutenant,  96,  227, 
355 :  Thomas,  ensign,  373. 

Harris,  Benjamin,  to  keep  ferry,  51 :  

James  and  Lebbeus,  185 : .ledidiah, 

491:  John,  army    lieutenant,  97, 

856:  Joseph,  Nathaniel  and  Wil- 
liam, 583:   Stephen,  land  sold,  491. 

Harrison,  George,  398:  Gideon,  en- 
sign in  army,  228 :  Josiah,  ensign, 

677:    Nathaniel,   40;    deputy   for 

Branford,  2,  57,  91;  justice,  6,  119,  249: 
Thomas,  justice,  8,  121. 

Hart,    Elias   and   Hope,   240:  John, 

lieutenant,  337:  Joseph,  200;  jus- 
tice, 6,  119,  249,  370,  497:  Judah, 

242,  522 :  Samuel,  422 :  Tho- 
mas, justice,  6. 

Hartford,  bounds  with  Windsor,  51 ;  con- 
vention appointed  at,  104;  ferry,  138, 
282;  road  to  Albany,  137,  183,  293,  299, 
339,  381,  to  New  Haven,  294,  360,  429 ; 
school  districts,  140,  467,  560;  lottery 
for  repairhig  streets,  411 ;  population  hi 
1761,  574. 

Hartland,  town  privileges  granted  to,  558. 

Hartshorn,  David,  44,  275 :  Ebenezer, 

275;    justice,    120,  250,   371,   498:  

Zebadiah,  275. 

Harvey,    Joel,  666:  Joseph,    ensign, 

:     507. 

Hatch,  Jethro,  ensign,  69;  lieutenant,  445, 
in  army,  99: John,  323: Timo- 
thy, justice,  8,  121,250,  373,  499. 

Hawkins,  Joseph,  193:  Moses,  166: 

Samuel,    lieutenant   in  army,   96, 


227. 


Hawley,  Elijah,  84;  deputy  for  Ridgefield, 

58,    92,   115:  Ezra,    captain,    336: 

Frederick,  614: Jehiel,  600; 


deputy  for  New  Milford,  174,  213,  220, 

493;   "ensign,    209: Nathan,    land 

sold,  84 :  Thomas,  84,  564. 

Hayden,  Daniel,  32;  lieutenant,  268: 

David,  ensign,  652. 

Hays,  Richard,  lieutenant  in  army,  98. 

Hazelton,  Charles,  cornet,  211. 

.  Heath,  John,  lieutenant  in  army,  97 :  

Peleg,  ensign  in  army,  356. 

Heaton,  Nathaniel,  325 : Stephen,  276 ; 

deputy  for  Goshen,  174,  213,  220. 

Hempsted,    Joshua,  144;  justice,  7,  120. 

Hepburn,  Peter,  526,  591. 

Herpin,   John,    deputy    for  Milford,  493, 
668,  612. 

Herrick,  Arabella,  166. 

Herrington,  James  and  Theophilus,  280. 

Hibbard,  Nathan,  cornet,  17 : Zebu- 
Ion,  ensign,  378. 

Hickcox,    Benjamin,    deputy  for  Wood- 


646 


INDEX, 


bury,    115,    174,    213,    220;    ensign    in 

army,    620:  Ebenezer,    290,    312: 

Ezra,  lieutenant,  580: Joseph, 

ensign,  131 ;  lieutenant,  339 : Nathan, 

captain,  579 : Silas,  cornet,  577. 

Hierlehev,  Timothy,  captain  in  army,  95, 
227,  353,  485,  619. 

Higgins,  Cornelius,  lieutenant  in  army, 
253. 

Highways:  to  Albany,  137,  183,  293,  299, 
339,  381;  Canaan  to  Derby,  505,  581; 
Colchester,  645 ;  Hartford,  411 ;  Killing- 
worth  to  Windham,  442,  505,  610; 
Mohegan  lands,  36,  276,  335,  383;  Tor- 
rington  to  Winchester,  630,  601. 

Higly,  Brewster,  ensign,  110:  — —  Isaac, 
ensign,  21. 

Hill,  Hills,  Abner,    ensign  in  army,  354, 

lieutenant,  486 : David,  lieutenant, 

130: Ebenezer,    505,    581;  ensign, 

509:  John,    land   sold,    693: 


Jonathan,  87,  142,  205;  justice,  6,  119, 

249,  370,  497: Nathaniel,    deputy 

for  Guilford,  493,  569,  613: Samuel, 

lieutenant,  337 : Thomas,  212,  329, 

331,    393,    396,    449,    632;     deputy   for 

Fairfield,  1: Timothy,  lieutenant, 

510. 

Hillhouse,     James,    326: William, 

deputy  for  New  London,  173,  213,  220, 
366;  justice,  250,  371,  498. 

Hillyer,  James,  lieutenant,  109. 

Hine,  Benjamin,  army  lieutenant,  97,  253: 
James,  110,  324. 

Hinkley,  Jonathan,  land  sold,  318,  538. 

Hinman,    Adam,    army    lieutenant,    254: 

Benjamin,    542,    609;    deputy   for 

Woodbury,  58,  92,  303,  348,  367,  436, 
479,  493,  569,  613;  justice,  250,  373, 
499;     lieutenant-colonel   in    army,    97: 

Ebenezer,  ensign,  377;  lieutenant, 

578: Noah,  justice,  7,  121: 

Samuel,  41 : Wait,  captain,  210. 

Hinsdell,  Jacob,  518;  deputy  for  Harwin- 
ton,  115,  492: John,  captain,  264. 

Hitchcock,  Aaron,  captain  in  army,  363: 

Abiah,  325:- Amos,  108,  325, 

captain,  18;  in  army,  96,  354,  486,  620; 

lieutenant,  509:  James,  323:  

John,  291,  312,  600;   deputy    for   New 

Milford,  115;  justice,  499: Joseph, 

323,  325 : Jotham,  ensign  in  army, 

227  : Samuel,  566. 

Hoadly,    Jonathan,    476: William, 

deputy  for  Branford,  244,  303,  348,  367, 
436,  479;  justice,  371,  497. 

Hobby,  Joseph,  captain,  446 : Thomas, 

628;  captain  in  army,  228,  365,  486, 
620. 

Hoit,  Comfort,  241;  lieutenant,  132: 

David,  lieutenant,  338:  Jonathan, 

301;  deputy  for  Stamford,  1,  58,  366, 
568,  612;  justice,  7,  120,  250,  872,  498; 
probate  judge,  5,  118,  248,  371,496: 
Joseph,  grant  to,  240;    lieutenant 


in  army,  365,  captain,  98,  486,  621 

Nathan,  198: Nathaniel,  lieutenant, 

132;    captain,   373,    553: Samuel, 

240,  449;  land  sold,  84. 


Holbrook,  Daniel,  deputy  for  Derby,  245 ; 

justice,    6,    119,     249,    371,    497': 

Ebenezer,  captain,  211. 

Holcomb,  Joel,  ensign  in  army,  96 : 

Joshua,  277 : Judah,  captain,  109, 

in   anny,  96;   justice,    370,    497: 

Nathaniel,    captain   in    array,  96:  

Silas,  ensign  in  army,  227,  lieutenant, 
363. 

Holdridge,  Hezekiah,  ensign  in  army,  621 : 
William,  389. 

Holland,  Joseph,  172. 

Hollinsworth,  John,  566. 

Hollister,  Ephraim,  364,  430 : Francis, 

ensign    in    army,    96,    353,    lieutenant, 

485,  619: Josiah,  ensign,  18: 

Timothy,  398,  546. 

Holly,  Ebenezer,  ensign,  553 : Israel, 

666. 

Holmes,  Christopher,  captain,  374;  deputy 
for    East   Haddam,    115,  174,  213,  220, 

303,    348: David,   captain,   19,    in 

army,  97,  228,  356;  grant  to,  49: 

Joshua,  546 : Reuben,  ensign,  446. 

Holt,  Abigail,  323: Isaac,  lieutenant, 

110:  John,  printer,   107,  109,  175: 

Moses,  ensign  in  army,  620. 

Hooker,  John,  justice,    6,    il9,  249,  370, 

497:  Joseph,    justice,  6,  119,  249, 

370,  497:  Nathaniel,    56,    65,    90; 

deputy    for   Hartford,    1,    57,    91:  

Roger,  428 : Thomas,  298. 

Hopkins,  Asa,  lieutenant,  509: Joseph, 

justice,  371,  497: Stephen,  deputy 

for  Waterbury,  115,  174,  214,  221. 

Horsford,    Daniel,     330,    516;   lieutenant, 

577 :  John,  330 : Obadiah,  ensign, 

513:  — —  Samuel,  ensign,  20. 

Horskins,  Alexander  and  John,  605 : 

Caleb,  land  sold,  275: Zechariah, 

captain,  361. 

Horton,  Samuel,  323,  629. 

Hosmer,  Manassah,  deputy  for  Woodstock, 

245,  303,  348,  569,    612: Thomas, 

530,  601;  justice,  6,  119,  249,  370,  497. 

Hotchkiss,  Caleb   and    Joshua,  323,  325:   • 

Ezekiel,    Hezekiah,    Lemuel,  and 

Obadiah,  323: Gideon,  deputy  for 

Waterbury,  2,  68,  92,  245;  lieutenant  in 
army,  97,  captain,  361 : Joel,  cap- 
tain, 378:  John^  323,    341: 


Timothy,  lieuten- 


Nehemiah,  325: 
ant  in  army,  356. 

Hough,  David,   87,    202;   lieutenant,    69; 
captain,  465: William,  76. 

Houghton,  James,  ensign,  338. 

House,  John,  243: William,  ensign, 

513. 

Howe,  Isaac,  cashiered,  67 : .Tames, 

461 ;  captain,  466 : Jeremiah,  ensign 

in    army,    365: John,    Jonas   and 

Thomas,  461: Samuel,  army  sur- 
geon, 229,  357. 

Howard,  John,  captain,  17 : Joseph, 

captain,  338: William,  342,  433. 

Howell,  Stephen,  Susannah,  Thomas  and 
Timothy,  325. 

Howlaud,  Jabez,  lieutenant  in  army,  97. 
I  Hubbard,    Caleb,     lieutenant,    18:    — 


INDEX. 


647 


Daniel,  24,  325: David,  justice,  S, 

119,  249,  370;  army  lieutenant,  95,  226, 
captain,  354 : Isaac,  24 : Jere- 
miah, ensign,  19:  — 4=-John,  216,  296, 
325,  605;  comraissarv,  103,  231,  357, 
487,  621;  deputy  for  New  Haven,  57, 
91,  114,  173,  212,  220,  302,  347,  435, 
478;  justice,  6,  119,  249.  370,  497;  lieu- 
tenant-colonel,   67;    probate  judge,    5. 

118,  247,  370,  496: Leveret t,  325: 

Nathaniel,  army  surgeon,  621 : 

Richard,  set  to  Kensington,    149: 

Samuel,  lieutenant,  264 :  Thomas, 

391,  610: William,  .325. 

Hubbell.  Ephraim,   justice,    7,    120,  250, 

372,  498:  ■ Ge'rshom,   captain,  210: 

Jedidiah,  427: Matthew,  581: 

Samuel,  captain  in  army,  98,  228, 


355. 


Hnested,  Jonathan,  ensign,  132. 

Hugford,  Peter,  443,  475. 

Hughs,  John,  ensign,  577. 

Hull,  Daniel,  captain,  339: Ebenezer, 

323,   566:  Enos,    217: Giles, 

captain    in   army,  253: .Tedidiah, 

lieutenant  in  army,  99: John,  land 

sold,  529: Joseph,  423: Lem- 
uel    187,   217: Peter,    land    sold, 

516:  Samuel,  deputy  for  Walling- 

ford,  303,  367,  436,  479,  493,  569,  613: 

Stephen,    516;   ensign,   337: 

Thomas  and  Deborah,  187,  217. 

Humaston,    Ebenezer,    323 : Daniel 

and  Joseph,  325. 

Humberston,     Caleb,    625;    ensign,    578; 
justice,  498. 

Humphreville,  Benjamin,  David  and  Sam- 
uel, 323. 

Humphrey,  Ashbel,  armv  lieutenant,  355, 

486: Benajah,  313,590: Elihu, 

ensign   in   army,   853,    lieutenant,  485, 

619: Hezekiah,    543;    deputy  for 

Simsbury,  493,  569,  612;  justice,  497; 

lieutenant  in  army,  353 : John,  81, 

275,  476;  deputy  for  Symsbury,  2,  58, 
92,  367,  436;  justice,  6,   119,  248,  370, 

497:   Jonathan,    lieutenant,    513: 

Mary,  47:  Michael,  deputy 

for  Symsbury,    303,   347;  justice,  373, 

499: Nathaniel,    ensign    in    army, 

619: Noah,  561;  army  lieutenant, 

96,  captain,  227,  353,  619 : Oliver, 

381:    Roger,   insane   soldier,  313, 

590: Samuel.  47,  300,  339,  381. 

Hungerford,  .John,  lieutenant,  17;  captain, 
130,  in  armv,  263: Robert,  318. 

Hunt,  Robert  and  Russell,  330. 

Huntington,  Andrew,  land  sold,  528: 

Elijah,  ensign  in  army,  356: Heze- 
kiah, 31 ;  in  nomination,  66,  180,  340, 
441,  574;  chosen  assistant,  3,  116,  246, 
368,  494;  present,  1,  57,  90,  114,  173, 
212,  219,  244,  302,  347,  366,  435,  478, 
492,  668,  612;  commissary,  103,  124, 
231,  367,  487,  621;  committee,  .36,  63, 
136,  181,  216,  295,  325,  333,  369,  412, 
425,  443,  460,  559;  judge,  county  court, 
4,  117,  247,  371,  496,  probate  court,  6, 
118,    248,    371,  496;    cornet,  338;  lieu- 


tenant, 580: Isaac,  justice,  6,  119, 

249,  371,  498;   ensign,    69;    lieutenant, 

466: Jabez,  392,  412,  447,  460,  559; 

deputy  for  Norwich,  1,  57,  91,  114,  173, 

213,  220,  244,  302,  347,  366,  435,  478, 
492,  568,  612;  clerk,  3,  58,  92,  116,  174, 

214,  221,  245,  304,  348;  speaker,  367, 
437,  480,  494,  670,  613;  justice,  7,  120, 

250,  371,  498;  lieutenant,  376;  in  nomi- 
nation, 574: John,  528: Jon- 
athan, in  nomination,  66 ;  chosen  assis- 
tant, 3;  present,  1,  67,  90,  114;  captain, 

466;  justice,    120,   260,    372,  498:  

.Tosepn,  53: Nathaniel,  46;  justice, 

7,    120,    250,    372,    498:    Samuel, 

justice,  7,  120,  250,  372,  498;  ensign  in 
army,  353: Zechariah,  ensign,  131. 

Huntly,  Joseph  and  Samuel,  291. 

Hurd,  Abraham,  ensign,  579: Amos, 

land  sold,  422,  469: David,  annexed 

to  Roxbury,  165: Jabez,  191: 

John,  88. 

Hurlburt,     Charles,    ensign,     130:     

Gideon,  deputy  for  Goshen,  58;  captain 

in  army,   99:  John,    ensign,    466; 

lieutenant,    511: Nathaniel    and 

Mary,    81,   275:    Samuel,    ensign, 

.338:"' Titus,  566,  609;  to  take  charge 

of  N.  London  battery,  238,  296,  386, 
506. 

Hutchins,  Silas,  captain,  376. 

Hutchinson,  .John,  deputy  for  Salisbury, 
174,  220;  justice,  8,  121,250,  373,499: 
Samuel,  justice,  8,  121,  250,  373. 

Hutton,  Samuel,  ensign,  20;  lieutenant, 
653. 

Hyde,  Caleb,  Comfort,  Isaac,  Jonah,  Ne- 

hemiah,    416: Daniel,    ensign  in 

army,  98,  354: Elihu,    ensign  in 

army,  485,  619: Jabez,  justice,  7: 

Jacob,  566 : Jedidiah,  lieuten- 
ant in  armv,  619 : John,  694 : 

Matthew,  3"l5:  Richard,  442,  605, 

610: Samuel,  ensign  hi  army,  621, 

lieutenant,  486. 

Inches,  Henderson,  476,  564. 

Indians:  school  at  Mohegan,  34,  414,  617; 
Mohegan  lands,  36,  276,  336,  383,  417 ; 
land  in  Middletown,  46,  81,  158;  Mas- 
hantuxet,  land,  287,  477,  415,  647;  land 
in  Derby,  423;  in  Kent,  34,  285;  in 
military  service,  60;  overseers  of  Mohe- 
gans,  140,  of  Pequots,  442. 

Ingersol,  Hannah,  386 : Tared,  50,  66, 

325,   490,   609;   agent  to  England,  127, 

267,  368,  386,    438;  returns,  574: 

.Jonathan,  army  chaplain,  99,  229: 
preached  election  sermon,  496. 

[ngraham,  Jonah,  Joseph  and  Meeds,  324. 

Injunction  granted,  428. 

Inoculation  for  small-pox  regulated,  358, 
380,  499,  671. 

Insane,  Mary  Hall,  111,  Roger  Humphrey, 
313,  590. 

Insolvent  estates,  settlement  of,  379. 

Iron-works,  at  Derby,  423,  in  Kent,  191. 

Isaacs,  Benjamin,  ensign,  562 :  Isaac, 

captain  in  army,  99: Ralph,  632. 


648 


INDEX. 


Ives,  Abel  and  Ebenezer,  325 :  Dan, 

ensign,  69 ;  captain,  336 ;  ensign  in  army, 

96: Ephraim,  land  sold,  591:  

James,  77,  166,  194 : Jonathan,  43 ; 

captain,  377: Ruth,  land  sold,  43. 

Jackson,  Abraham,  88: Ebenezer  and 

Joshua,    149,   320,  362: Richard, 

490;  agent  in  England,  358,  438,  574. 

Jacobs,  Abraham,    land    sold,  520: 


Amos,  land  sold,  562,  625:  ■ David, 

520,  562,  625;  land  sold,  363:  Ste- 
phen, land  sold,  423. 

Jails,  cost  of  building  how  defrayed,  308. 

Jameson,  Robert,  deputy  for  Voluntown, 
244. 

.lefFers,  John,  army  captain,  226,  229. 

.Teffery,  John,  captain,  509. 

Jennings,  Joseph,  lieutenant,  17 ;  captain, 
580: Nathan,  land  sold,  313. 

Jewell,  Joshua,  ensign,  69. 

Jewitt,    Caleb,    captain,  575;   deputy  for 

Sharon,  435,  478,  492:  David,  34, 

617:  Nathan,   deputy   for   Lyme, 

436. 

Johnson,  Abraham   and  Enos,  323: 

Caleb,  592,  606:  ■ •  Daniel,  land  sold, 

38,  86,  321 :  David,  ensign  in  army, 

619:  Elijah,   land   sold,    113,  286, 

428: Enoch    and    Hezekiah,  468: 

Hamlin,  land  sold,  405 : Henry, 

set   to  Middleton  2d   society,  48:  

Isaac,  171,  344,  472,  561;  deputy  for 
Woodstock,  2,  57,  115, 174,  214,  221, 245, 

303,  348,  367,  436,  479:  John,  328, 

416;  ensign,  513:    Jonathan,  army 

lieutenant,  227,  353,  485 :  Joseph, 

405: Nathan,  516;  deputy  for  Staf- 
ford, 303,  348,  367,  436,  479,  '493:  

Obadiah,  339,  416;  deputy  for  Canter- 
bury, 2,  67,   91,  245,  302,  347,  436,  479, 

493,  569,  613 :  Samuel,  laud  sold, 

583:    Stephen,  323;    ensign,    264; 

captain,   513: Thomas,  justice,  6, 

119,  249,  370: William,  416:  

William  S.,  captain,  209;  deputy  for 
Stratford,  493. 

Jones,  Benjamin,  land  sold,  584: Ebe- 
nezer, 538:  Joel,  ensign,  338:  

John,  138: Joshua,  lieutenant,  376: 

Samuel,  lieutenant   in  army,  96, 

227,  354:  Timothy,  212,  323:  

Zebulon,  584;  captain,  510. 

Joshua,  Indian,  34. 
Judah,  Michael,  476. 

Judd,  Amos  and  Anthony,  141,  203 :  • 

John,  241 : Phineas,  lieutenant,  510 : 

Samuel,  lieutenant  in  army,  354, 

620:  Simeon,  428:  Timothy, 

596;  captain,  19;  deputy  for  Waterbury, 
115,  174,  214,  221,  245,  303,  348,  669, 
613. 

Judea,  some  of  Litchfield  set  to,  285. 
Judges,  fees  of,  602. 

Judson,  Daniel,  422,  469 :  Elnathan, 

captain,  68. 
June,  Jacob,  Rlioda  and  Thomas,  317. 
Justices,  annual  meeting  of,  499. 


Kagwin,  John,  army  lieutenant,  98:  

Richard,  ensign,  267. 

Keeler,  Isaac,  521,  697:  Sarah,  house 

burnt,  217,  314. 

Keeny,  Ebenezer,  423 ;    Jacob,  grant 

to.  527: .Jeremiah,  justice,  7,  120, 

250,  372,  499: John  and  Hannah, 

169 : Joseph,  lieutenant,  553. 

Kellogg,  Abraham,  602 :  Eliphalet,  ensign 

in  army,  365 : Isaac,  deputy  for  New 

Hartford,  245,  303,  348,  366,  435,  478, 
493,  569;  justice,  8,  121,  250,  373,  499. 

Kelsey,  Ebenezer,  87:  Ezekiel,  79: 

Gamaliel,  ensign,  361:  Jona- 
than  and  Nathan,  29 : Lydia,  524 : 

Sarah,  87. 

Kensington,  some  annexed  to,  149;  school 
district,  79. 

Kent,  Indians  in,  34,  285 ;  highways  in,  65 ; 
copper  mine,  45 ;  iron  mine,  191 ;  ecclesi- 
astical tax  E.  Greenwich,  83,  160. 

Kent,  Benjamin,  272,  382;  captain,  69; 
deputy  for  SutHeld,  174,  213,  221,  245, 

302,  347 : Elihu,  captain-lieutenant 

in  army,  95,  226 :  Elijah,  343,  393 : 

Samuel,  155,  319,  554,  601;  deputy  for 
Suffield,  115,  245,  302,  347,  366,437,  480, 
493,613;  justice,  6,  119,  249,  370,  497. 

Kesson,  Archibald,  532:  James,  cor- 
net, 68. 

Ketchum,  Samuel,  443,  475. 

Kibbee,  Elisha,  captain,  17 :   Israel, 

34. 

Kilborn,  Jonathan,  deputy  for  Colchester, 
58,  92,  115,  173,  213,  220;  justice,  6,  119, 
249,  370,  497:  Nathaniel,  598. 

Kilby,  Christopher,  260,  332. 

Killam,  Jephtha,  land  sold,  289. 

Killingly,  some  annexed  to  N.  Woodstock 
from,  556. 

Killingworth,  bounds  with  Guilford,  293 ; 
road  to  Windham,  442,  505,  610. 

Kimberly,  Abraham  S.,  ensign  in  army, 

486 : Isaac,  deputy  for  Glassenbury, 

245 :  Isaac  S.,  lieutenant  in  army, 

621:   Israel,   captain,    466;    army 

lieutenant,  227:  John,  deputy  for 

Glassenbury,  493,  569;  justice,  497: 

Samuel,  deputy  for  Glassenbury,  3,  57, 

91,  173,213,  220,  302,347,  367,  436: 

Zuriel,  324. 

King,  address  to,  437;  George  iii  pro- 
clauned,  478;  issues  proclamation  to 
suppress  vice,  489. 

King,  Charles,  421,  459:   •   Ebenezer, 

ferry  grant  to,    274:    Henry,  563: 

John,   550: Seth,   ensign  in 

army,  95,  lieutenant,  226,  353,  captain, 

354,  485,  620:  William,  deputy  for 

Suffield,  2,  366,  437,  480,  493,  570,  613. 

Kingsbury,  Daniel,  314,  427:  Ebene- 
zer, 461;  deputy  for  Coventry,  115, 174, 

214,  221 : Ephraim,  556 : James, 

461:  Joseph,  554,  601. 

KiiHie,  Benjamin,  grant  to,  399. 

Kinsley,  Joseph,  461. 

Kinsman,    Jeremiah,  ensign,    577:      

Robert,  army  lieutenant,  98. 

Kirby,  Abraham  and  Joseph,  annexed  to 


INDEX, 


649 


John,  set  to  Kensing- 


Judea,  285 : 

ton,  149. 
Kirtland,  Constant,  592. 
Knap,  David  and  Moses,  137:  Eben- 

ezer,  house  burnt,  82 :    Ezra,  201 ; 

ensign,  445:  John,  301. 

Kneeland,  Joseph,  land  sold,  321. 

Knowles,  Cornelius,  51. 

Knowlton,  Thomas,  ensign  in  army,  353, 

485;  lieutenant,  620. 

Ladd,  David,  656 :  Ezekiel,  585. 

Lake,  Jethro,  325. 

Landon,  David,  ensign,  509:  James, 

deputy  for  Salisbury,  115,  245;  justice, 
8,  121',  250,  373,  499'. 

Lane,  John,  52 :  Jonathan,  justice,  6, 

120,  249:  Stephen,  lieutenant,  511; 

captain,  579. 

Larkin,  Joseph,  324. 

Latham,  Jasper,  captain,  69. 

Lattimore,  Jonathan,  242 ;  captain  in  army, 
97,  228. 

Law,  John,  290;  commissary,  232;  grant 
to,  55 ;  to  sell  army  stores,  357. 

Lawrence,  Daniel,  339,  381;  deputy  for 
Canaan,  115;  Isaac,  525;  captain,  678: 

John,  262,  335,  344,393,411,  574, 

auditor,  135,  503. 

Laws:  acts  printed,  175,  226,  231;  acts  of 
parliament  printed,  90, 107. 

Lay,  John,  142;  deputy  for  Lyme,  493; 
justice,  7,  120,  249,  371,  498. 

Leach,  Ebenezer,  522:  Ephraim,  en- 
sign, 509 : Joseph  and  Richard,  418 : 

Thomas,  73. 

Learned,  Ebenezer,  deputy  for  Killingly, 

244:  Samuel,  army  lieutenant,  97: 

Simon,  deputy  for  Killingly,  669, 

613. 

Leavenworth,  Mark,  army  chaplain,  366, 
487. 

Leavit,  David,  610:    Freegrace,  27: 

Kate,  land  sold,  514:  Samuel, 

606. 

Ledlie,  Hugh,  captain  in  army,  486,  602, 
620. 

Ledyard,  John,  172,  181,  386,  412,  439;  au- 
ditor, 135,  503;  committee,  21,  56,  58, 
102,  129,  259,  332,  654;  deputy  for  Hart- 
ford, 1,  114,  173,  212,  220,  366,  435,  478, 
492;  justice,  6,  119,249,  370,  497. 

Lee,    Abner,  ensign,  18;    lieutenant,  263: 

Benjamin,  army  captain,  98,  239; 

justice,  7,  120,  498:" Daiiiel^- 160, 

426 ;  deputy  for  Kent,  174,  221,  303,  347, 
367;    justice,    373,  499;    lieutenant    in 

army,   254: Hezekiah,    41: 

Isaac,  deputy  for  Farmington,  568,  612; 
ensign,  612:  Jared,  deputy  for  Far- 
mington, 436,  478;  justice,  6,  119,249. 

370,  497: Joseph,  41;  lieutenant, 

110:  .Josiah,  captain  in  army,  96: 

Stephen,  184,  238;  deputy  for  New 

London,  V57,  91,  114,  366 ;  lieutenant 
in  army,  99;  to  have  charge  of  N.  Lon- 
don  battery,   136:   William,  291, 

312. 

82 


Leeds,  William,  land  sold,  194. 

Leffingwell,    Samuel,  captain,   131 :   

Thomas,  ensign  in  army,  98,  lieutenant, 
228. 

Leonard,  Ebenezer,  deputy  for  Killingly, 

115:  Nathan,  deputy  for  Preston, 

244. 

Levens,  Benjamin,  deputy  for  Killingly, 
493;  lieutenant,   17:    -^—  Joseph,  403; 

justice,  7:  Penuel,  ensign  in  army, 

620:    Peter,  ensign    in  army,  97, 

lieutenant,  228,  356,  485. 

Lewis,  Barnabas,  325 :  Eldad,  captain 

in  army,  96,  227, 354,  486,  620 : Ich- 

abod,  deputy  for  Stratford,  173_213,  220, 
303,347,367,436,479,569,613:7"  " 
120,  250.  372,498;  lieutenant, "330: 
John,  529;  deputy  for  Waterbury,  367, 
436,    479,   493:  —  Josi;vh,   ensign,   17; 

lieutenant,  130:    Lothrop,  deputy 

for  Fairfield,  1,  57,  91;  justice,  7,  120, 
260,  372,    498:    — -    Phineas,    ensign, 

267 : Samuel,  325 ;  ensign,  361 :  

Solomon,  324. 

Life,  Thomas,  agent  in  England,  439. 

Light-house  at  New  London,  built,  468, 
588. 

Lindsey,  John,  517. 

Lines,  Ebenezer  and    James,   324:    

John,  ensign,  378. 

Lists,  14,  65,  134,  180,  260,  334,  340,  385, 
434,  441,  566,  573. 

Litchfield,  some  set  to  Judea  from,  285; 
winter  parish.  South  Farms,  541,  608; 
Goshen  vs.,  611. 

Litchfield  county,  time  of  freemen's  meet- 
ings in,  439. 

Lockwood,  David,  158:   James,  27; 

justice,  7,  120,  250,372;  preached  elec- 
tion sermon,  247 :  John,  157 :  

Joseph,  197 :  Peter,  deputy  for  Norwalk, 

568,  612:  Still  John,  land  sold,  157, 

197  :  Timothy,  captain,  5u8 ;  army 

lieutenant,  98,  254,  355. 

Long,  Azariab,  53:  Silas,  421;  jus- 
tice, 7,  120,  250,  372,  499. 

Longbottom,  David,  550. 

Loomis,    Benjamin,  143: Isaac,  29: 

Israel,  cornet,  264  :  Matthew, 


captain,  576;  army  lieutenant,  96: 

Nathaniel,  539;  captain,  18: Odiah, 

539:  Reuben,  ensign,  19;  lieuten- 
ant, 576:  Timothy,  143,  land  sold, 

599. 
Lord,   Rev.  Benjamin,  complains  against 

Norwich,    29:  Elias,  ensign,   512: 

Elisha,  army  surgeon,  125, 229,  357, 

621:  Epaphras,  justice,  6,  370,  497: 


Hezekiah,    lieutenant,   612: 


Richard,  161,    170,  207,  287,  310,    407, 
442,  447;  justice,  6,   119,249,  371,  498: 

Sanmel,    deputy    for    Saybrook, 

115. 
Lothrop,  Daniel,  391,  442,  506,  610;  dep- 
uty for   Norwich,  347,   435,  478:    

David,  deputy  for  Norwich,   302 :    

Ebenezer  and  William,  30:  Elisha, 

ensign,    70;  lieutenant,  677: Ezra, 


650 


INDEX, 


lieutenant,  70 ;  land  sold,  557 :  Jos- 
hua, 391 :  Simon,  342,  389. 

Lotteries:  of  1757,  settlement,  262,  336; 
Hartford  streets,  411 ;  Housatonic  river, 
530,  600;  Keeler  and  Gibs,  217,  314; 
N.  Haven  long  wharf,  50;  N.  London 
light-house,  468 ;  M.  Stewart,  276 ;  Wind- 
sor bridge,   624. 

Loudon,  Lord,  64;  committee  to  settle  ac- 
counts with,  22,  letter  received  from,  61. 

Lounsbury,  Jemima,  401 :  Jonathan 

and   Sarah,    184:  Monmoth,    184; 

ensign,  69;  land  sold,  401. 

Lovejoy,  Kichard,  461. 

Loveland,  Thomas,  170. 

Lovet,  Samuel,  550. 

Luce,  Israel  and  Joseph,  532. 

Lumm,  Joseph,  ensign,  378. 

Lyman,  Daniel,  324,  395,  401,  506;  deputy 
'for  New  Haven,  244,  366,  492,  568,  612; 
justice,  371,  497:  Kbenezer,  jus- 
tice, 8,   121,  251,  373,499:  Elihu, 

290:  Medad,  324,   327,   558:   

Moses,  505,  581;  deputv  for  Goshen,  2, 
366,  494:  —  PhineasJ  56,  61,  108;  in 
nomination,  66, 180, 341,  441, 574 ;  chosen 
assistant,  3,  116;  present,  90,  212,  219; 
justice,  249,  370,  497;  colonel  in  army, 
484,   major-general,    95,   226,  353,   503, 

618;  grants  to,  126,  237:  William, 

army  lieutenant,  254. 

Lyon,  Daniel,  171:  Jabez,  284,  388; 

deputy  for  Woodstock,  2 :  Lemuel, 

97:  Nehemiah,  557 ;  captain,  444: 

Thaddeus  and  Phlneas,  534 


Thomas,  ensign  in  arniy,  226 : 
liam,  324. 


Wil- 


Mack,  Orlando,  ensign  in  army,  620. 

McCaul,  Ebenezer,  ensign,  210;  lieuten- 
ant, 263. 

McComber,  Jeremiah,  37,  277,  326,  623. 

McDowland,  Jerusha  and  Thomas,  329, 
393. 

McGunnigal,  James,  anny  lieutenant,  229, 
356. 

McKenzie,  Andrew,  76,  89,  170,  207,  301, 
395,  603. 

McNeil,  Archibald,  610;  captain  in  army, 
99,  228,  355,  486,  621. 

McTaggart,  Capt.,  262. 

Main,  Nathaniel,  461. 

Malfeasance:  justice  Tuttle,  66;  lieut. 
How,  67. 

JIallery,   Aaron,   463:    Abuer,    620; 

ensign,  678: Caleb,  quarter-raa-ster, 

68:  John,  lieutenant,  131;  captain, 

376;  land  sold,  520. 

Maltby,  Benjamin,  lieutenant,  678:  

Daniel,  captain,  578:  David,  en- 
sign in  army,  98:  Jonathan,  301 ; 

justice,  7,  120,  250,  372,  498. 

Manly,  William,  captain,  264. 

Manning,  Hezekiah,  43,  156:  John, 

452 :  Samuel  and  Eunice,  420. 

Mansfield,  list,  384. 

Mansfield,  Jonathan,  24,  325 : Nathan 

and    Hannah,    325:    Samuel,    22, 

324 :  Thomas,  394. 


Mansor,  William,  325. 

Marcey,    Moses,   556;    ensign,   375:   

Stephen,  ensign,  339. 

Marks,  Thomas,  33,  410. 

Marscraft,  John,  557. 

Marsh,  Cyrus,  600 ;    deputy  for  Kent,  493, 

569,  613: Daniel,  ensign,  239;   — - 

Ebenezer,  colonel,  16;  deputv  for  Litch- 
field, 1,  67,  91,  114,  173,  213,  220,  302,  347, 
366,  435,  478,  492,  568,  612;  iustice,  7, 
121,  250,  372,  499;  probate  judge,  5, 118, 

248,  370,  496 : Isaac,  Nathaniel  and 

Hannah,  461 :  Jonas,  279,  625 : 

.Jonathan,  575 :  .Joseph,  ensign,  20; 

lieutenant ,  513 : Perez,  565. 

Marshall,   David,    Elihu,  etc.,    396,    449, 

John,  settlement  of   estate,    396, 

449:, Joseph,  416. 

Marvin,    Adonijah   and  John,   292:    

Elisha,  captain,  606:  James,  170: 

Matthew,  deputy  for  Lyme,  57,  91; 

land  sold,  526 : l^ehemiah,  407 : 

Samuel,   captain,  266:   ■  Seth,  526: 

Stephen,  ensign    in    army,    253: 

Thomas,  ferry  grant  to,  189,  270: 

Zechariah,  ensign  in  army,  356. 

Mason,  Peleg  S.,  captain,  20. 

Masshantuxet  lands,  287,  415,  477,  647. 

Mather,  Azariah,  quarter-master,  211 : 

Charles,    29:  Eleazer,   deputy  for 

Lyme,  303:  Joseph,  captain,  209: 

^Richard,  deputy  for  Lyme,  669,  612 : 

Timothy,  captain  in  army,  98. 

Matthews,    Benjamin,    29:  ■'•Thomas, 

109,  139;  deputv  for  Waterburj',  2,  58, 
92,  803,  348,  367",  436,  479,  493;  justice, 
6,  119,  249,  871,  497. 

Mattoon,  Nathaniel,  land  sold,  532. 

May,  Hezekiah,  deputv  for  Wethersfield, 
2,  173,  313,  220:  —  John,  388,  472: 
Stephen,  ensign,  444. 

Meacham,  John  and  .Joseph,  34. 

Mead,  Amos,  288,  443,  475 : Benjamin, 

ensign,  132:  Ebenezer,  justice,  7, 

120:  Eliphalet  dsputy  for  Green- 
wich,  493:    Jabez,    justice,    498: 

James,  ensign  in  army,  98,  lieuten- 
ant, 228,  355: Jeremiah,  619: 

John,  lieutenant,  71:  Joseph,  en- 
sign in  army,  98,  228,  356:  Mat- 
thew, 519;  quarter-master,  in  army,  98, 

ensign,  486,    620:  Nathaniel,' 419: 

Nehemiah,  85: Peter,  justice, 

372,  498: Stephen,  54;  lieiitenant, 

339: Thaddeus,  491;  army  lieuten- 
ant, 99;  captain,  228,  355;  land  sold, 
519. 

Meigs,  .Tosiah,  312. 

Merrick,  Isaac  and  Elizabeth,  31 :  — — 
John,  ensign,  339;  justice,  6,  119,  249, 
370. 

Merrill,  Abel,  530,  602;  lieutenant,  266: 
Abraham,  405 : ^Mercy,  526. 

Merriman,  Caleb,  344;  justice,  6, 119,  249, 
371,  497: Mary,  563. 

Merwin,  Abraham,  army  lieutenant,  486: 
Miles,  cornet,  70:  — ^  Stephen,  ensign 
in  army,  355,  lieutenant,  621. 

Metcalf,  Timothy,  deputy  for   Mansfield, 


INDEX. 


651 


436,   479,  493: 


William,  justice,  7, 


120,  260,  372,  498 
Middlebury,    winter    privileges    granted, 

451. 
Middletown,  bridge,  32;  ferry,  270,  indian 

lands,  46,  81,  158;  some  set  from  1st  to 

2d  society,  48,  to  Kensington,  149. 
Miles,  Joseph  and  Samuel,  325. 
Milford,  troops  quartered  in,  190,  218,  339, 

341;  list,  335;  presbyterian  society,  402. 
Military  affairs:  view  of  arms,  8:  accounts 

to  be  adjusted,  21,  58,   127,   129,  232, 

238,  260,  332,  346,  609;  alarm  Fort  Wil- 
liam Henry,  59,  108,  127,  155,  182,  609: 
provision  for  chaplains  and  surgeons,  21, 
229,  621 ;  troops  to  serve  as  rangers,  61 ; 
quartering  of  troops,  175,  176,  190,  215, 
243,  293,  295,  296,  304,  326,  339,  341; 
provision  for  soldiers  returning,  178, 
332,  571;  brigade  major  to  be  appointed, 
254;  rank  of  companies,  234;  complaints 
against  sutlers,  216,  488,  662;  troops 
raised  for  garrison  duty,  602;  recruits 
for  regulars,  623;  deserters  prosecuted, 
256 ;  disposal  of  French  prisoners,  504, 
658 ;  wages  of  soldiers,  94,  333,  350,  387 ; 
soldiers  exempt  from  arrest,  230,  385, 
487,  621,  from  poll  tax,  344 ;  preparations 
for  campaign  of  1758,  93,  121,  of  1759, 
221,  251,  of  1760,  349,  of  1761,  480,  of 
1762,  C14 ;  grants  to  individual  soldiers, 
37,  86,  110,  127,  154,  160,  164,  189,  191, 

239,  240,  241,  279,  281,  285,  312,  326, 
362,  363,  365,  399,  408,  414,  467,  491,- 
522,  524,  527,  539,  642,  558,  561,  593, 
594,  625. 

Militia:  field  officers  appointed,  16,  67,  68, 
130,  209,  297,  336,  506;  Lieut.  How 
cashiered,  67 ;  troopers  may  inlist  in  foot 
companies,  133 ;  returns  to  be  made,  215, 
575 ;  New  Fairfield  annexed  to  4th  regt. 
320 ;  Newbury  annexed  to  4tli  regt..  463 ; 
Hanover  to  belong  to  3d  regt.  551 ;  es- 
tablishment in  1762,  632. 

Mill,  George,  693. 

Miller,  David,   ensign,  336:   Elisha, 

321;   captain,    132:    Gilbert,  208: 

Jeremiah,  277,  468,  489,  589,  590, 

605;  deputy  for  New  London,  435,  478, 
492,  568,  612;  justice,  120,  249,  371,  498; 
Nathan  and  Phebe,  48 :  Rob- 
ert, army  lieutenant,  229. 

Milloy,  Edward,  324. 

Mills  and  millers,  toll  regulated, 309. 

Mills,  Pelatiah,  deputy  for  Windsor,  367 ; 
ensign,  676;  justice,  6,  119,  249,  370, 
497 : Treat,  ensign,  444. 

Mines :  copper,  in  Kent,  46 ;  iron,  in  Kent, 
191. 

Minor,  Ezekiel,  608:  Hempsted,  en- 
sign, 446: Henry,645: Matthew, 

captain,  20: Samuel,  captain,  265: 


-Simeon,  46,  112,369,546;  deputy  for 
Stonington,  3,  115,  174,  214,  221,  303, 
348,  367,  436,  479,  494;  justice,  7,  120, 
249,    371,  498;  ensign,  266;  lieutenant, 

510:  Thomas,   73:    William 

R.,  army  lieutenant,  98,  228,   356,  485, 
619. 


Mitchel,  Matthew,   463: Nathaniel, 

lieutenant,  20. 

Mix,  Caleb  and  Jabez,  325 : Ebene- 

zer,  604: John,  Jonathan,  Joseph 

and  Timothy,  324. 

Moffat,  Joseph,  148:  Thomas,  deputv 

for  Killingly,  367;  justice,  7,  120,  250, 
372,  499. 

Moger,  Samuel  and  Rachel,  316,  419,  537. 

Mohegan,  indian  school  at,  34,  414,  517; 
highways  in,  36,  276,  335;  overseers, 
140;  trespass  on  lands,  417. 

Moody,  Patience,  land  sold,  405. 

Moor,  Ashbel,  Gideon,  Jonathan  and  Si- 
mon,   147:    David   and  Timothy, 

567:  Lydia,    land   sold,  639: 

Samuel,  deputy  for  Salisbury,  245,  303, 

348,  479:  Samuel  G.,  ensign,  579: 

Thomas  and  Hannah,  424. 

Morehouse,  Kphraim,  454,  519:  Jehu, 

38:    Samuel,  587: Solomon, 

ensign  in  army,  99,  lieutenant,  228,  355 : 
Zaccheu's,  587. 

Morgan,  Daniel,  lieutenant,  553:  Eh- 

jah,  lieutenant,  508:  Joseph,  cap- 


tain,   563: 


Samuel,    deputy   for 


Preston,  57,  244,  367,  493,  569,  613;  jus- 
tice, 7,  120,  249,  371,  498: Theophi- 

lus,  deputy  for  Killingworth,  114,  174, 

213,  221,  436,  479,  493,  669,  613:  

William,  ensign,  266;  captain,  374, 
508.  ^ 

Morison,  Norman  and  Ann,  476.  r 

Morley,  John  and  Sarah,  206. 

Morris,  Amos,  captain,  210:  Benja- 
min, ensign,  70;   lieutenant,  374:  — — 

Daniel,   566: Ebenezer  and  Isaac, 

324 :  — —  Ephraim,  325. 


Morse,  Anthony,   416: 


Isaac,  ensign 


in  army,  227,  354;  lieutenant,  486,621: 

John,  171,  472,  534: Joseph, 

416: Josiah,  416;  ensign  in  army, 

356,  lieutenant,  486:  Parker,  472. 

Mortimer,  Philip,  captain,  239. 

Mosely,  Abner,    410,  467: Increase, 

621,  595;  deputy  for  Woodbury,  245; 
justice,  7,  121,  250,  372,  499;  ensign  in 
army,  356,  lieutenant,  621. 

Moses,  Timothy,  26;  lieutenant  in  army, 
253. 

Moss,  Ezra,  453:  John,  595;  cornet, 

336. 

Mott,  Adam  and  Jonathan,  530,  601 :  

Samuel,  ensign  in  army,  485,  lieutenant, 
620. 

Moulton,  Daniel,  ensign  in  army,  227,  lieu- 
tenant, 354,  602, 621. 

Mount  Ciirmel  society,  in  N.  Haven,  es- 
tablished, 39,  77 ;  bounds,  166,  li.3. 

Mudge,  Joshua,  grant  to,  542. 

Mully,  Vans  Kelly,  452. 

Mumford,  Thomas,  468,  589,  590. 

Munn,    Daniel,   ensign,   20 James, 

564. 

Munrow,  Amos  and  Sarah,  85. 

Munson,  David,  Jabez,  John,  Joseph,  Ste- 
phen,   Theophilus    and  Timothy,  324: 

Joel,  77;  army  lieutenant,  355,  486: 

Samuel,  324;  lieutenant,  69. 


652 


INDEX, 


Munviele,  Elias,  145. 

Murdock,  John,  28,  407,  442;  deputy  for 
Saybrook,  173,  213,  220,  244,  303,  348, 
366,  436,  479,  493.  570,613: Samuel, 


deputy  for  Windham,  57,  91,  302,  347,^/SIiles,  Robert,  army  lieutenant,   97,  228, 


435,  478. 
Murray,  Joseph,  83. 

Nasli,  Phineas,  land  sold,  585:  Sam- 
uel, 84,  611;  deputy  for  Goshen,  58,  92, 
114,  436,  479,  569,  613;  lieutenant,  266; 
captain,  509. 

Naval  affairs:  vessel  to  be  provided,  9,  56; 
duty  on  shipping,  10,  469:  the  Tartar, 
62,  136,  181,  295,  the  Defence,  109,  296; 
embargo,  22,  105;  application  for  ad- 
miralty judge,  358;  light-house  built, 
468,  588;  guns  lent  Mumford,  590. 

Nelson,  William,  556. 

Nettleton,  George,  ensign  in  army,  96. 

Nevlns,  David,  James  and  Robert,  342, 
389. 

New  Fairfield,  to  send  list,  135,  262;  some 
set  to  north  society,  168;  annexed  to  4th 
regiment,  320;  freed  from  tax,  413. 

New  Hartford,  road  to  Albany  through, 
137,  183,  293,  300,  339,  381;  population 
in  1761,  575. 

New  Haven,  vs.  Hubbard,  24 ;  Mount  Car- 
mel  society  in,  39,  77,  166,  193;  lottery 
for  long  wharf,  50 ;  union  wharf  incor- 
porated, 400;  dykeing  east  meadow, 
283 ;  road  to  Hartford,  294,  360,  429,  to 
New  London,  442;  first  society  divided, 
323,  425;  ferry  grant  to  Osborn,  582; 
new  court  house,  624. 

New  London,  Raymond  vs.,  54;  tax  on 
pews,  1st  society,  198;  ferry,  439;  orders 
concerning  battery,  64,  136,  238,  296, 
386,606,  566,  609;  highways  in  indian 
land,  36,  276,  335,  383,  to  New  Haven, 
442;  light-house  built,  468,  588. 

New  Milford,  bridge  at,  110. 

New  Preston,  ecclesiastical  tax,  286. 

New  Stratford  society  asked  for,  595. 

New  trials  granted,  22,  52,  72,  141,  184, 
203,  269,  331.  342,  394,  447,  603,  605. 

Newberry,  Benjamin  and  Joseph,  559. 

Newbury,  ecclesiastical  tax,  83;  annexed 
to  4th  regiment,  463. 

Newel,  Isaac,  lieutenant,  264: Josiah, 

ensign,  577. 

Newent,  Hanover  parish  granted  from, 
455,  550. 

Newton,    Dinah    ;ind  Lodena,    141:   

Roger,  166, 193 ;  in  nomination,  65,  180, 
340,  441,  574;  chosen  assistant,  3,  116, 
246,  368,  494;  present,  1,  57,  90,  173, 
212,  219,  244,  302,  347,  435,  478,  568, 
612;  judge,  county  court,  4,  117,  247, 
370,  496. 

Newtown  vs.  Stratford,  564 ;  bounds  with 
Stratford,  605. 

Nichols,  George,  captain,  337 ;  deputy  for 

Waterbury,  569,613:  James,  155; 

captain,  267 :  John  and  Bathsheba, 

270:  Nicholas,  land  sold,  411:  

Sarah,  land  sold,  614: Theophilus, 


213,  220;  commissary,  103,  231,  357,  487, 
621 ;  justice,  7,  120,  250,  372,  498. 

Nickerson,    Joseph,    289:    William, 

land  sold,  590. 


356.    I 
Noble,  Di 
161 


avid,  524: 


John  and  Anan, 


—  Stephen,  lieutenant,  70:  

Thomas,  161;  lieutenant,  209: Za- 

dock,  lieutenant,  68. 

Norfield  society  established,  38 ;  enlarged, 
80,  409. 

Norfolk,  road  to  Albany  through,  137,  183, 
293,  300,  339,  381 ;  time  of  payment  for 
lands  extended,  150;  granted  town  privi- 
leges, 201;  ecclesiatical  tax,  315;  dis- 
tribution of  bonds  for  sale  of,  504. 

North,  .James,  Thomas  and  Sarah,  163, 
522:  John,  lieutenant,  445. 

North  Bolton  society  established,  421, 
459. 

North  Fairfield  society  asked  for,  587. 

North  Windsor  society  established,  311. 

North  Woodstock  society  established,  473 ; 
enlarged,  556. 

Northington,  ecclesiastical  tax,  200. 

Northrop,  Amos,  deputy  for  New  Milford, 

2: James,    lieutenant,  376:    

Job,  535 : John,  157,  457. 

Northway,  Samuel,  lieutenant,  265. 

Norton,  Ebenezer,  captain,  445;  deputy 
for  Goshen,  366:  John,  army  chap- 
lain, 357;  land  sold,  428. 

Norwalk,  troops  quartered  in,  190,  243, 
295,  339,  341;  Norfield  society  estab- 
lished, 38,  80,  409;  bridge  between  Fair- 
field and,  560. 

Norwich,  Mr.  Lord  complains,  29;  bounds 
1st  and  west  societies,  275 ;  Hanover  so- 
ciety, 455,  550;  8th  society,  556;  list, 
334 ;  road  to  Killingworth,  442,  505,  610 ; 
toll-bridge,  454. 

Nott,   Gershom,  342,  433:  Jonathan, 

607: Stephen,  162. 

Nowling,  Amy,  416. 

Noyes,  James,  lieutenant,  446:  John, 

325:  .Joseph,  425,  546:  Wil- 
liam, 526;  deputy  for  Lyme,  569,  612. 

Nuisances  in  creeks  etc., penalty  increased, 
309. 

Odel,  Azariah,  514. 

Ogden,  Daniel,  396,  449:  Humphrey, 

566. 

Olcott,  Josiah,  captain,  69: Titus, 

army  lieutenant,  96. 

Oliver,  Andrew,  170,  172,  237;  grant  to, 
262. 

Olmsted,    David,    land    sold,    519:    

Gideon,  captain  in  army,  98: .John, 

545 : Jonathan,  531 ;   land  sold, 

157:  Joseph,  captain,  131;  deputy 

for  Enfield,  245,  569,613: Samuel, 

291,  312,  495,  587,  626 ;  deputy  for  Ridge- 
field,  115,  174,  213,  220,  246,  302,  347, 
436,  479,  569;  justice,  7,  120,250,372, 
498:  Stephen,  lieutenant,  445. 

O'Neal,  Felix,  326. 


deputy  for  Stratfoid,  58,   92,   115,  173,  I  Onions,  weight  of  bunches  regulated,  378. 


INDEX. 


653 


Orcut,  David,  deputy  for  Staflford,  2,  58, 
91, 115,  244;  lieutenant,  131. 

Ordway,  John,  army  lieutenant,  356,  486. 

Ormsby,  John,  416:  Nathaniel,  en- 
sign in  army,  229,  356:   Samuel, 

land  sold,  315. 

Osborn,    Daniel,  206,  418:    Eleazer, 

lieutenant,  263: Jehiel,  325:  

Jeremiah,  325,  610;  ferry  gi-ant  to,  582: 

Jonathan,  324: Joseph,  ensign, 

361;  lieutenant,  377 : Nathan,  land 

-  Thaddeus,  land  sold,  206, 


sold,  555: 

418. 
Osgood,  William,  justice,  7,  120,  250,  372, 

499. 
Ousatonic   River,    project  for  improving, 

530,  600. 
Owen,  Daniel  and  Martha,  422: John, 

428;  justice,  6,  119,  249,  370,  497: 

Noah  and  Mary,  170. 

Packer,  Benajah  and  John,  145,  389. 

Paige,  Daniel,  426: Joseph,  546. 

Paine,  Benjamin,    411,  599:  Daniel, 

deputy  for  Woodstock,    569,  612:  

David,  416;  ensign  in  army,  229:  

Elisha,  391,  415,  416;  deputy  for  Can- 
terbury,   115:  Joseph,    lieutenant 

in  army,  97:  Nathaniel,  325: 

Solomon,  416. 

Painter,  Joseph,  lieutenant,  579. 

Palmer,    Christopher,    army    lieutenant, 

229,    captain,    356: George,  201; 

ensign,  21;  captain,  444: Gershom, 

ensign,  209: John,  55:  Josepii, 

captain,  209: Joshua,  316: Ne- 

hemiah,  145 ;  justice,  7 : Samuel,  55, 

541: Thomas  and  Mary,  112. 

Palmes,  Briant,  423,  604. 

Pardee,    Enos,    324:  Jehiel,    ensign, 

576: John,  deputy  for  Sharon,  174, 

213,  220,  367,  569,    613:  Thomas, 

lieutenant,  576. 

Parish,  Lemuel,  416. 

Park,  Daniel,  364;  lieutenant,  1*-,  in  army, 

355: Jabez,  161: Jacob,  415, 

547 : .John,  416 : Moses,  ensign 

in  army,  06,  lieutenant,  229,-  356,  619, 

620 ;  quarter-master,  486 : Nehemiah, 

461 : Silas,  lieutenant,  445 ;  captain, 

553: Smith,- 112: William,  461, 

597. 

Parker,  Abner,  407,  563,  610: Eliada, 


ensign,    508 : 
Gideon,    663 : 


Eliphalet,   491: 
James,    226: 


Joseph,  army  lieutenant,  98,  captain, 
229: Nicholas,  heutenant,  576. 

Parkhurst,  David,  Jabez,  Jonathan,  Lem- 
uel, Samuel,  Tilly  and  Timothy,  461. 

Parmele,  Abel   and   Hezekiah,  325:  

Jehiel,  lieutenant,  361. 

Parsons,  David,  army  lieutenant,  95,  cap- 
tain, 227,    353,    485;  Sarah,   298: 

Thomas,  554,  601. 

Partridge,  Perez,  541: Richard,  agent, 

108,  128,  237,  238;  dead,  258,  346. 

Patchen,  Jabez,  ensign,  267. 

Patrick,  John,  619. 

Patterson,  Charles,  ensign  in  army,  355: 


John,  justice,  8,  121,  251,  373,  499; 

army  captain,  229,  353,  485,  619. 

Pattingal,  Jacob,  271. 

Payson,  Asa  and  Mary,  165:  John, 

granted  tavern  license,  42 : Nathan, 

408;  lieutenant-colonel  in  army,  95, 
226,  353,  484. 

Pearl,  Nathan,  167,  168. 

Pearly,  Timothy,  327. 

Pease,  Amory,  ensign  in  army,  227,  lieu- 
tenant, 353:   Cummins  and  Pela- 

tiah,    34:  Ephraim,    ensign,    267; 

lieutenant,  513:  — — -  Robert,  lieutenant, 
511. 

Peck,    Amos,   ensign,    17:    Benoni, 

530,  600:  - —  Henry,  402:  Isaac, 

ensign  in  army,  97,  lieutenant,  228,  355 : 

— -Jacob,  432,  618:  James,  325, 

army  captain,  253:  Jehiel,  ensign 

in  army,  228,  lieutenant,  366,  485,  619: 

Jeremiah,    402,    529: John, 

ensign,    209:    Jonathan,    captain. 


607 : Joseph,  537 : Moses,  535 : 

Nathaniel,  captain,  69;  justice,  7: 

Nicholas,    Stephen    and    Dortha, 

325:  Phineas,    592:  Samuel, 

158,  537: Timothy,  79: Zebu- 
Ion,  ensign,  131,  lieutenant,  509. 

Pedlars  to  be  licensed,  13.  . 

^eet,  William,  justice,  7,  120,  250,  372.  r- 
Pelton,  James,  447. 
Pember,  Thomas,  44. 
Penoyer,  John,  captain,  576. 
Pequannock  society  in  Windsor  without  a 

minister,  383. 
Pequot  Indians,    overseer   appointed    for, 

442. 
Percival,  John,  lieutenant,  131,  in  army, 

96 : Timothy,  lieutenant,  in  army, 

364,  486. 
Perkins,  Daniel,  325,  554,  601;  lieutenant, 

266:  Jacob,   justice,   7,  120,   250, 

371,    498:  John,    456,    543,    550; 

deputy  for  Norwich,  57,  91,  173,  220: 

Joshua,     543: Luke,    283; 

deputy  for  Groton,  174,  367,  436,  494; 
justice,  7,  120,  249,  371,  498: Mat- 
thew, 560;  lieutenant,  579: Thomas, 

281,  423. 

Perret,  John,  ensign  in  army,  486,  lieuten- 
ant, 620 : Peter,  lieutenant  in  army, 

227,  364. 

Perrin,  Timothy,  lieutenant,  338. 

Perry,  John,  589:  Joseph,  quarter- 
master, 373;  lieutenant,  577:  • Na- 
thaniel, 528. 

Peters,  John,  lieutenant,  132. 

Pettibone,    Eli,   315:  Jonathan,    53, 

602;  deputy  for  Symsbury,  68,  92,  245, 

493;  justice,  497: Samuel,  deputy 

for  Goshen,  245,  302;  347,  436,  479,  494; 
justice,  251,  373,  499. 

Phelps,  Aaron,  adjutant  in  army,  96: 

Abel,  554:  Alexander,  deputy  for 

Hebron,  67,  91,  245,  303,  348,  367,  436 
494,  570;  justice,  6,  119,  249,  370,  497 
probate  judge,  248,  434;  lieutenant,  265 

captain,    513:    Barret,    170:  

Caleb,  lieutenant,  18;  captain,  578: 


654 


INDEX, 


Charles,  146:  David,    47;    deputy 

f«r  S>Tnsbury,   115,    173,  213,  220,  245, 

436: Davis,  deputy  for  Symsbury, 

367:    Ichabod,    captain    in  army, 

354: John,  deputy  for  Hebron,  115, 

174,  213,  220,  245,  303,  348,  367,  436, 
479,  613;  justice,  6,  119,  249,370,497; 
ensign  in  army,  97,  228,  lieutenant,  353: 

Joseph,  89, 170;  deputy  for  Hebron, 

2,  67,  91;  justice,  6,  119  249,  370:  

Nathaniel,  lieutenant,  338 : Samuel, 

81,    535:   Solomon,    captain,    262: 

Timothy,  army  quarter-master,  96. 

Picket,  David,  820. 

Pierce,  Benjamin,  captain,  68;  deputy  for 

Canterbury,  173,  213,  220: Ezekiel, 

391,  461;  deputy  for  Plainfield,  57,  91, 
115,  245,  303,  347;  justice,  7,  120;  major, 

209:  ■ John,  461;  county  surveyor, 

52:  Joshua,  deputy  for  Cornwall, 

569,  612;  lieutenant,  20:  Lemuel, 

Nathaniel,    and    Timothy,    461:     

Thomas,  301,  461;  deputy  for  Plainfield, 
2;  army  lieutenant,  95,  227,  captain, 
355,  486,  621. 

Pierpont,  James,  324:  Joseph,  lieu- 
tenant, 466. 

Pierson,    Abraham,    63,    203:  John, 

187;  captain,  577: Samuel,  ensign, 

577. 

Pike,  Mary,  25. 

Pinfield,  Nathaniel,  325. 

Pinny,  Abraham,  428: Isaac,  ensign, 

375;  justice,  6,  119,  249,  370,  497: 

Jonathan,   eusigu    in   anny,    353:  

Philander,  343,  393. 

Pinto,  Jacob  and  Solomon,  325. 

Pitkin,  James,  ensign  in  army,  353,  619, 

lieutenant,    619:  John,    137,    183, 

299,  339: Joseph,  90,  172;  auditor, 

136,  603;  deputy  ior  Hartford,  57,  91, 
114,  173,  212,  220,  244,  302,  347,  366, 
435,  478,  492,  568;  committee,  30,  65, 
262,  297,  335;  justice,  6,  119,  248,370, 
497;  in  nomination,    65,  180,  341,  441: 

Thomas,  deputy   for   Bolton,  116, 

174,  214,  221;  justice,  6,  119,  249,  370, 

497;  lieutenant,   676: William,   in 

nomination,  65,  180,  340,  441,  674; 
chosen    deputy   governor,    3,    116,  246, 

368,  494;  present,  1,  66,  114,  173,  212, 
219,  244,  302,  347,  366,  435,  478,  492, 
568,  612;  committee,  129,  214,  256,  345, 
351,  388,  437,  470,  482,  490,  502,  563; 
chief  judge,  superior  court,  4,  117,  247, 

369,  495:  William,  jun.,    88,   361, 

393,  455,  546,  550,  632;  auditor,  135, 
503;  major,  336,  in  army,  95. 

Pitt,  William,   letters    received  from,  92, 

104,  106,  221,  349,  480. 
Plainfield:  Rowland  »;s.,  55,  301;  troubles 

in,  412;  society  divided,  461. 
Piatt,    Joseph,  deputy    for   Norwalk,  68, 

92,  115,  245,  303,  348,  366,  436,479,493; 

justice,  7,  120,  250,  372,  498. 
Plymate,  William,  .324. 
Pollard,  Benjamin  and  Margaret,  76,  170. 
Pomfret,  meeting-house  1st  society,  48. 
Pomroy,    Benjamin,    army   chaplain,  99, 


229,   367:    Benjamin,   jun.,    army 

surgeon,    125,    229,    357:  Eleazef, 

594: Oliver,  army  lieutenant,  95. 

Pond,  Josiah,  505. 

Pool,  Thomas,  547. 

Porter,    Amos,   set    to    Kensington,    149: 

Ashbel,  surveyor,  138: Daniel, 

78,  413;  army  surgeon,  125,  229:  

Elijah,   284;    ensign,    576:    John, 

Joseph,  Nathaniel,  564 :  Jonathan, 

421:  Stephen,  325:  Timothy, 

529 : Thomas,  ensign,  509. 

Potter,  Aaron,  David,  Enos,  John,  Joseph, 
Philemon,  Noah,  Thankful  and  Tim- 
othy, 324: Amos,  325: Daniel, 

ensign  in  army,  97,  lieutenant,  228. 

Powers,  Return,  201. 

Pownal,  Gov.,  letter  received  from,  384. 

Pratt,  Azariah,  35: Daniel,  72: 

Ebenezer  and  Samuel,  536: Elisha, 

51 : Hezekiah,  563. 

Prentice,  Ebenezer,  army  lieutenant,  98: 

Samuel,  deputy  for  Stonington,  57, 

91;  justice,  7,  120,  249,  371,  498;  ensign 

in    armj',    254,    lieutenant,    356:   

Stephen,  lieutenant,  20;  captain,  507. 

Preston,  Ephraim,  191: Seth,  463. 

Prichard,  James,  329. 

Prindle,  Abel,  army  lieutenant,  98,  228, 
365,  486: Ebenezer,  289. 

Printer:  agreement  with  John  Green,  60. 

Prior,  Abner,  army  lieutenant,  354. 

Prisoners  of  war,  disposal  of,  504,  558. 

Probate  district  established,  Stafford,  298. 

Prout,  .John,  324;  justice,  6,  119,  249,  371, 
497. 

Provisions,  rate  of,  9. 

Prudden,  Job,  402. 

Punderson,  David  and  Thomas,  324: 

Mary  and  Sarah,  325. 

Putnam,  Israel,  160,  241,  539,  558 ;  grants 
to,  127,  239 ;  major  in  army,  97,  lieuten- 
ant-colonel, 226,  228,  356,  484,  618. 

Quitterfield,  Abner,  655. 

Randall,  John,  146 ;  ensign,  70. 

Ranney,    George,  154: Joseph,  165: 

Richard,  46,  81,  158. 

Ransford,  Joseph,  ensign,  467 : Rich- 
ard, lieutenant,  267. 

Ransom,  George,  ensign,  579:  John, 

justice,    8,    121,    251,    373,    499:    

Joshua,  ensign,  376:  Robert,  416. 

Ray,  John,  212. 

Raxford,  Philip,  324. 

Raymond,   Ashbel,  408 :  Joshua,  64 ; 

deputy  for  N.  London,  57,  91,  114; 
lieutenant,  361:  Simeon,  lieuten- 
ant, 446:  captain,  652: Zuriel,  lieu- 
tenant. 267,  552. 

Read,    Reed,    Christopher,    ensign,    466: 

Elias,   363:    .John.  285,   329, 

393,  397,  449;  justice,  7,  120,  250,  372, 
498;  lieutenant-colonel,  16;  colonel,  67, 

in  army,  98:  Jonathan,  deputy  for 

Windham,  57,  91. 

Reading,  public  land  in,  sold,  137. 

Redfield,  Peleg,  army  lieutenant,  96,  227, 


INDEX. 


655 


captain,     354;     land     sold,    518:    

Theophilus,  ensign  in  army,  486. 

Remington,  Jonathan,  lieutenant,  265. 

Reynolds,  Hezekiah,   40:  Peter,  27: 

preached  election  sermon,  4:  Sam- 
uel, justice,  6,  119,  249,  370,  497:  

Timothy,  363. 

Rhoads,  William,  190. 

Rice,  James  and  Thomas,  325: Peter, 

599. 

Richards,  Benjamin,  Jedidiah  and  Abigail. 

201:   Daniel  and   Jane,   84:    — 

Ebenezer,  lieutenant,  19: John,  36, 

277,    392,   442,   446;  Justice,    249,    371, 

498:  Joseph,  ensign,  578:  Paul 

and  Elizabeth,   22:  Samuel,    456; 

captain,  553. 

Richardson,  Asa,  army  lieutenant,  621: 
Ebenejer,  451:  Stephen,  en- 
sign in  army,  620. 

Ridgefield,  Ridijbury  society  in,  made,  521, 
597. 

Riggs,  Joseph,  captain,  378:  Samuel, 

326;  justice,  6,  119,  249,  371,  497. 

Riley,  Ro^er,  ensign  in  army,  253,  354. 

Roade,  John,  324. 

Roberts,  John,  432,  543: Lemuel,  26, 

643:  Samuel.  421. 

Robin,  Indian,  46,  158. 

Robins,  John,  404;  ensign,  265,  in  army, 

97 :  Jonathan,    ensign    in    armv, 

485  :  Joshua,  565. 

Robinson,   Benjamin  and  Catharine,  362. 

464:  Ebenezer,  462 : Ichabod, 

^  Huarter-master,  264:  .Tames,  dep 

uty  for  Guilford,  244:  Samuel,  23; 

deputy  for  Coventry,  367,  for  Guilford, 
2,  57,"ll5,  174,214,  221;  justice,  6,  119, 
>            249,  371,  498. 
>y  , Rockwell,  David,  ensign,  376:  — —  Eben- 
ezer, 201 :  -Joseph,  54,  89,  171,  432. 

Roe,  Daniel,  591. 

Rogers,  Edward,  ensign  in  army,  97,  lieu- 
tenant,  227,   354:  Josiah,  justice, 

6,  119.  249,  371,  497:  Mary,  154: 

Maj.    Robert,  467:    Thomas, 

lieutenant,  338,  in  army,  228: Wil- 
liam, 79. 

Rood,  Ebenezer,  551,  626. 

Root,  Ebenezer,  ensign  in  army,  98:  

Jonathan,  deputy  for  Farmington,  493: 

Joshua    and    Esther,    196: 

Nathaniel,  170: William,  52. 

Rose,  Daniel  and  Jehiel,  42:   Peter, 

ensign,  553: Samuel,  army  lieu- 
tenant, 96. 

Rossiter,     Bryan,    lieutenant,    508: 

Theophilus,  justice,  6,  119,  249,  371, 
497. 

Roth,  Thomas  and  Anna,  113. 

Rowe,  John,  170,  324:  Hannah,  325. 

Rowland,    Benjamin,    ensign,    263: 

David,  55,  102,  129,  238,  259,  301,  332, 
385,  439,  462,  562,  563,  573;  deputy  for 
Fairfield,  57,  91,  114,  173,  213,  220,  244, 
302,  347,  366,  435,  478,  492,  568,  612; 
justice,  7,  120,  260,372,498;  in  nomi- 
nation,  574:    Uriah,    deputy    for 

Lyme,  174,  214,  221,  244. 


Rowley,   Ebenezer  and  Eleazer,  432,  563. 

Roxbury,  D.  Hurd  annexed  to,  165. 

Royce,   Benjamin,    army  lieutenant,   97: 

Ezekiel,  justice,  6,  119,  249,  371, 

497:  James,  quarter-master,  338: 

Phineas,  529. 

Rudd,  Jonathan,  captain,  17;  deputy  for 
Windham,  114,  366,  568,  612. 

Ruggles,  Benjamin,  deputy  for  New  Mil- 
ford,  68,  91;  army  captain,  254,  354: 
Joseph,  captain,  508: Nathan- 
iel, justice,   6,  119,  249,371,  498:  

Timothy,  ensign,  in  army,  620. 

Rumsey,  David,  ensign  in  army,  486,  620. 

Rundle,  Eli,  lieutenant,  446. 

Ruscoe,  JIary,  476 :  Samuel,  198. 

Russel,  Ithiel,  deputy  for  Branford,  67, 
91:  — —  John,  justice,  6:  — —  Jona- 
than, deputv  for  Branford,   2;   justice, 

6,  119,  249,  371,  497 : Samuel,  army 

lieutenant,   95:   Sarah,  219:   — ^• 

Thomas,  deputy  for  Cornwall,  669,  612: 

Timothy,  justice,  6,  119,  249,  371, 

497;  land  sold,  219. 

Rust,  Daniel,  ensign  in  army,  356. 

Sabin,  Charles,  324:  Hezekiah,  159, 

324;  deputy  for  Killingly,  173,  213,  220, 

367,  436:  Noah   and   Mary,    159: 

Timothy,  justice,  7,  120,  250,  372, 

499;  probate  judge,  6,  118. 

Sacket,  John,  325, .fonathan,  83, 160: 

Nathaniel,  deputy  for  Greenwich, 

2,  57.  173,  213,   220,  303,  366;  justice, 

7,  120,   250,    372:   Samuel,    283; 

justice,  119,  249,  371,  497. 

Sadd,  Thomas,  527,  594. 

Safford,  John,  284 ;  captain,  70. 

Sage,  Amos  and  Solomon,  515:  Com- 
fort,    quarter-master,     19;     lieutenant, 

511:  David,   captain,   579;   set  to 

Kensington,  140:   Ebenezer,    599:, 

Samuel,  set  to  Middletown  2d  society, 
48. 

St.    John,     John,     lieutenant,    17:     

Stephen,  captain,  552. 

St.  Leger,  Capt.,  217. 

Salaries  granted,  65,  89,  172,  211,  297, 
328,  433,  477,  565,  611. 

Saltonstall,  Gurdon,  468,  688,  690;  deputy 
for  N.  London,  1 ;  justice,  7 ;  probate 
judge,  5,  118,247,371,  496;  committee 
22,  56,  136,  181;  in  nomination,  340. 

Sanford,  Ebenezer  and  Thomas,  152: 

Ephraim,    captain,   210:   Ezekiel, 

109:  Joseph,  lieutenant,  507:  

Samuel,  402. 

Saterley,  Benedict,  ensign  in  army,  98, 
lieutenant,  229. 

Savage,  Joseph  and  Prudence,  165. 

Savel,  John,  604. 

Sawyer,  Isaac,  89,  170. 

Saybrook  ferry  regulated,  439. 

Saybrook  Platform,  reprinted,  333,  566. 

Scandalum  magnatum,  a  case  of,  139. 

Schuyler,  Peter,  154,  240,  242. 

Scofield,  Reuben,  450. 

Scott,  Benjamin,  531:  Daniel,  139. 

Scovel,  Edward,  ensign,   19;  lieutenant. 


656 


INDEX. 


266;  captain,  509:  Stephen,  army 

lieutenant,  353,  619. 

Scranton,  Ichabod,  captain  in  army,  364. 

Scripture,  Simeon,  quarter-master,  580. 

Seabury,  Samuel,  ensign,  263. 

Searing,  Rev.,  431. 

Searl,  Elisha,  476:  James,  324. 

Sears,  John,  187. 

Secret  trespass :  taking  up  floating  timber, 
309;  on  indian  land,  418. 

Sedgwick,    Abraham,    ensign,    508:  

Benjamin,  51. 

Seelev,    Ebenezer,  army  lieutenant,  99: 

— ^  Nathaniel,  153:  Robert,  526: 

Zadock,  land  sold,  526. 

Selden,  Samuel,  407:  Thomas,  en- 
sign, 373;  lieutenant,  511. 

Sellick,    Abraham,    317:    Jonathan, 

deputy  for  Stamford,  1. 

Sessions,  Abner,  272, 182 ;  captain,  18. 

Seward,  David,  captain,  510. 

Sexton,  Joseph,  deputy  for  Somers,  245, 
303,  347,  366,  436,  479,  493,  569, 
612. 

Seymour,    Bevil,    lieutenant,    130:    

David,  commissary,  232: John,  317; 

army  lieutenant,  95:  Richard,  155; 

comet,  268:  Thomas,  27.  32,  71, 

78,   411;  justice,   497:    Timothy, 

lieutenant,  377;  captain,  508;  lieuten- 
ant in  army,  353:  William,  ensign 

in  army,  99 :  Zechariah,  388. 

Shaler,  Ebenezer  and  Judith,  534. 

Sharp,  Elijah,  army  lieutenant,  486. 

Shaw,  Nathaniel,  395,  448,  468,  589. 

Sheldon,  Charles,  lieutenant,  511:    

Caleb,   army   lieutenant,  95,  226:  

Daniel,    lieutenant,    512:    Elisha, 

73,  146,  178,  191,385,662,595;  deputy 
for  Litchfield,  57,  91,  114,  173,  213,  220, 
244,  302,  347,  366,  435,  478,  492;  in 
nomination,  ISO,  341,  441,574;  chosen 
assistant,  494;  present,  568,  612;  justice, 

7,   121,  250,  372:  Epaphras,   189: 

Joseph,  153, 388 :  Phineas,  55. 

Shepard,  Isaac,  461;  lieutenant,  466;  cap- 
tain,  578:  Jonas,   Josiah,  Reuben 

and  Simon,  461:  .Joseph,  26,   52, 

461:  Thomas,   53:   Zebulon, 

26,  63. 

Sheriffs,  in  1762,  632. 

Sherman,  Adonijah  and  Billy,  325:  

Amos,  army  lieutenant,  96 : Daniel, 

642,  609;  deputv  for  Woodbury,  58,  92, 
115,  174,213,  220,  245,  303,  348,  367, 
436,  479,  493,  569,  613;  justice,  8,  121, 
250,   372,    499;    probate 'judge,  5,    118, 

248,  370,  496:  David,  deputy  for 

Woodbury,   2:  - — -   James,  326:    

John,  148,  207,  824:  Roger,  110, 

138;  deputy  for  N.  Milford,  115, 174, 213, 
220,  245,  303,  348,  366,  435,  478,  493; 
justice,  8,  121,  250,  372,  499 ;  committee, 
35,   65;  in  nomination,   441,  674 


Samuel,  justice,  6,  119,  249,  371,  497. 
Sherwood,  Jabez,  captain,  70 ;  deputy  for 

Greenwich,   244,    366,    436,    479:    

Samuel,  456;  justice,  7,120,  260,  372, 
498. 


Shipman,   Edward,  ensign  in  army,  227. 

lieutenant,     355:     George    auii 

William,    47:    John,    lieutenant, 

68. 

Sickness,  acts  to  prevent  spread  of,  358, 
380,  499,  571. 

Sill,  Fithin,  ensign  in  army,  228,  lieuten- 
ant,   356,  485:    John,  lieutenant, 

209. 

Silliman,  Ebenezer,  in  nomination,  65,  180, 
340,   441,  574;  chosen  assistant,  3,  116, 

246,  368,  494;  present,  1,  67,  90,  173, 
212,  219,  244,  302,  347,  366,  435,  478, 
568;  committee,  127,  137,  329,  393,  397, 
449,  573;  judge,  superior  court,  4,  117, 

247,  369,   495:  Gold  S.,  217,3^4: 

Samuel,  ensign,  337. 

Silsby,  Henrv,  lieutenant,  17;  captain, 
378. 

Simons,  Elijah,  captain-lieutenant  in  army, 
97. 

Simpson,  John,  207,  301. 

Sizer,  Daniel,  army  heutenant,  353. 

Skerret,  Thomas,  432. 

Skiff,  Benjamin,  ensign,  445. 

Skinner,  Abraham,  146:  Daniel,  299, 

594:    Joseph,  521:  Stephen, 

272 :  WiUiam,  ensign,  19. 

Slake,  William,  546. 

Slapp,  John,  189;  army  major,  98,  226, 
353. 

Slason,   Eliphalet,    327:    Isaac    and 

James,  327,  422. 

Small-pox,  acts  to  prevent  spread  of,  358, 
380,  499,  571. 

Smedley,  James,  88,  620;  major,  67;  lieu- 
tenant-colonel in  army,  98,  226,  228, 
355,  484,  618. 

Smith,  Asaph,  ensign,  70:  Benjamin, 

321,416;  ensign,  508:  — —  Charles,  en- 
sign, 18:  Christian,  404,  527:  

Daniel,  168,    448,  460,    476,  549:   

David,  ensign,  264 :  Ebenezer,  cap- 
tain, 373;  deputv  for  Woodstock,  367, 

436,  479,  493;  jusUce,  499:  Elisha, 

lieutenant,  69:  Everit,  deputy  for 

Ashford,  116,  174,  214,  221:  Ex- 
perience, set  to  New  Fairfield  N.  society, 

168:  Hannah,  324: Hezekiah, 

army  lieutenant,  97,  485,620: Jabez, 

194 ;  deputy  for  Groton,244,303,348 : 

James,    ensign,  266:    John,    551; 

deputy  for  Voluntown,  2,  116,  174,  213, 
220,  303,  348,  367,  494,  570,  613;  justice, 
7,  120,  250,  372,  498;  ensign  in  army, 
486,  lieutenant,  620;  land  sold,  290:  — 1- 

Jonathan,  290:    Joseph,  83:   

Joshua,  lieutenant,  18:  Josiah,  en- 
sign in  army,  98,  99,  lieutenant,  226, 
228,  353,  485,  620:  Levi,  404,  527: 

Lydia.    544:    Martin,    381; 

deputy  for  New  Hartford,  2,  58,  92,  115, 
174,  221,  366,  435,  478,  493,  669;  justice, 
121,  250,  373;  annexed  to  Judea,  285: 
Matthew,  466 ;  ensign  in  army,  228 : 

Matthias,  grants  to,  36,  164:  

Moses,  ensign  in  army,  228,  355,  lieuten- 
ant, 486,602,  620:  —^  Nathan,  justice. 
7,  120,  249,  371,  498:  Noah,  set  to 


INDEX, 


G57 


New  Fairfield    N.    Society,    168:    

Peter,  456:  Samuel,  594;  justice, 

7,  120,  250,  372,  498;  ensign,  579:  

Sarah,  168:  Simon,  captain,  20,  in 

armv,  356;  land  sold,  460: Stephen, 

deputy  for  Ridgefield,  174,  302,  347,  436; 
ensign,  110;  lieutenant,  132,  466,  in  armv, 

355:  Thomas,  364:  William, 

449,  549. 

Somers  in  Stafford  probate  district,  298. 

Sommers,  Benjamin,  ensign  in  army,  365, 
lieutenant,  486,  620. 

Southington,  E.  Fisk  annexed  to,  406. 

Southmavd,   Joseph,  justice,   6,  119,  249, 
370,  497. 

Southworth,  Andrew,  lieutenant,  210: 

Samuel,  192: William,  53,  142. 

Sparrow,  James,  ensign  in  army,  354,  485, 
lieutenant,  620. 

Spaulding,  Abel,  Andrew,  Azariah,  Cur- 
tis,  Edward,  Eleazer,   Ephraim,  Jesse, 

Joseph,  461 :  Asa,  army  chaplain, 

125;  surveyor,  608:  Benjamin,  75: 

Charles,  462 :  Ebenezer,  lieu- 
tenant, 339:  Ezekiel,  416,  462: 

Jacob,  army  lieutenant,  356:  John, 

461,  462,  625;  ensign  in  army,  228,  lieu-  i 

tenant,  356,  captain,  485,  620:  Jo-  j 

nah,  416:  Philip,  ensign,  578: [ 


Stearns,  Boaz,  453,  455,  550;  deputy  for 
Killingly,  2,  58,  92. 

Stebbins,  Joseph,    ensign    in  army,  486: 

Josiah,  armv  lieutenant,  99,  228, 

355,  621. 

Stedman,   Daniel,  270: John,    270, 

389;  ensign  in  army,  356:  Joseph, 

594:    Thomas,  deputy  for  Wind- 
ham, 1. 

Steel,  Elisha,  deputy  for  Tolland,  493,  569, 

612;  justice,  497:  James,  528: 

Samuel,    608: Stephen,    ensign, 

378. 

Stephens,   Andrew,   deputy    for   Canaan, 

245,  493: Benjamin,  60;  lieutenant, 

578:  Ebenezer,  ensign,  507:   

Elnathan,   deputj'  for  Killingworth,   2, 
57,  91,  174,  213,  221,  303,  348,  493,  569, 

613;  justice,  6,  120,  249,  371,  498:  

Ezra,  army  lieutenant,  98:  Jesse, 


ensign 


486: 


John, 


461;  ensign,  460;  lieutenant,  578: 

Nathaniel,  ensign,  580:  Nehemiah      ^ 

and  Lydia,  461:  Noah,   ensign  in   /-/ 

army, '254,  355:  Osbbrn,   grant  to, 

280:  Roswell,  462: Stiles,  458: 


Simeon,  ensign,  376. 
Spencer,  Daniel,  197:  - 
lieutenant,  374: 


Thomas,    241,    461;    deputy    for 

Plainfield,  303,  347,  366,  435,  478"  569: 
William,  289,  461. 


Joseph,  318,  538;  deputy  for  East 
Haddam,  493,  570,  613;  justice,  6,119, 
249,  370,  497 ;  probate  judge,  5,  118,  248, 
369,  433,  496 ;    major,  68,  in  army,  96, 

lieutenant  colonel,  226,  227,  354:    

Nathaniel,  325 :  Samuel,  land  sold, 

157,  363. 

Sperry,  Israel,  77 :  James,  Jonathan, 

Joseph,  Joshua  and  Stephen,  324:  

Thomas,  324.  ** 

Spirituous  liquors,  drawback  ou  exporta- 
tion of,  308. 

Sprague,  Elijah,  captain,  336. 

Squire,   Abiel,   quarter-master,   466:  

George  and  Samuel,    152:    John, 

556: Joseph,  captain,  68. 

Stafford,  probate  district  constituted,  298; 
ecclesiastical  society  divided,  516; 
bounds  with  Union,  523. 

Stafford,  Richard,  326. 

Stamford,  troops  quartered  in,  190,  295, 
339,  341;  population  in  1762.  575. 

Stanly,  John,  596:  Nathaniel,  360. 

Stanton,   Daniel,   546:    John,   army 

captain,  228,  356,  485,  619: Phineas, 

546;    deputy  for  Stonington,  115,   569, 
612: Thomas,  301,  397. 

Stark,  Daniel,  151. 

Starr,  Comfort,  562,  590;  deputy  for  Dan- 
bury,  2,  58,  91,  115,  174,  213,  220,  245, 
303,  348,  866,  436,  479,  493,  569,    613; 

justice,   120,250,   372,   498: John, 

captain,    70;    deputy    for  Danbury,  2: 
Josiah,  captain,  132: Thomas, 


Stepney,  enlarged,  282,  322. 
Ebenezer,  538 ;  ;  Sterry,  Roger,  lieutenant,  554. 
Jared,   318,  538:    Stewart,  James,  ensign  in  army,  486,  lieu- 
t      tenant,  621:  Mary,  389:  Mat- 


241;  ensign,  132;  lieutenant,  373: 
William,  army  lieutenant,  619. 

83 


tliew,  lottery  grant  to,  276. 

Stiles,  Abel,  171,  471: Amos,  army 

lieutenant,  96: Benjamin,  542,  609: 

Isaac,  325. 

Stillman,  Benjamin,  31;  justice,  6,  119. 

Stimpson,  Ichabod,  521. 

Stoddard,   Elisha,  deputy  for  Woodbury, 

2;  justice,   8,   121,   250,  373,   499:  

Gideon,  lieutenant,  20;  captain,  465,  in 

armv,  227,  355:  Josiah,  deputy  for 

Salisbury,  58,  92,  174,  213,  220,  303, 
348,  367,  493;  lieutenant,  376;  cantain, 
507. 

Stone,  Timothy,  colonel,  67;  deputy  for 
Guilford,  2,  57,  91,  115,  174,  214,  221, 
302,  347,  366,  436,  479,  493,  569,  613; 
justice,  6,  119,  249,  370,  497;  probate 
■judge,  5,  118,  248,  370,  496. 

Stonington,  list,  545. 

Storer,  John,  72,  324. 

Storrs,  Joseph,  justice,  7,  120,  250,  372, 
499. 

Stoughton,  John,  army  captain,  96. 

Stow,  Josiah,  ensign  in  army,  227,  lieu- 
tenant, 354,  486,  620. 

Stratford,  ferry,  138,  183,271,  526,591; 
Newtown  rs.,  564;  bounds  with  New- 
town, 606 ;  troops  quartered  in,  190,  295, 
339,  341;  New  Stratford  society  asked 
for,  595. 

Straiten,  Samuel,  411. 

Street,  Ebenezer,  456. 

Strickland,  Stephen,  lieutenant,  513. 

Strong,  Caleb,  35:  David,  deputy  for 

Bolton,  58,  92,   303,  348,  367,  436,  479, 


\ 


658 


■INDEX. 


494: Ephraim,    402;    deputy  for 

Milford,  2,   57,  91,   174,  214,  367:" 

John,  deputy  for  Farmington,  2,  57,  91, 
115,  245,  302,  347,  366,  435,  478,  493, 
568,  612;  justice,  497;  lieutenant,  336; 

captain,  337;  army  lieutenant,  485: 

Joseph,  deputy  for  Coventry,  115,  245, 
302,   347,   367,'  436,   479,   493,  569,  613; 

justice,  7,  120,  250,  372,   499: Jo- 

siah,  deputy  for  Sharon,  2,  58,  92,  435: 
Moses,  324: Nehemiah,  544: 


Phineas,  deputy  for  Coventry,  3,  58, 
92,  302,  347,  436,  479,  493,  569,  613; 
justice,  7,  120,  250,  372,  499: Re- 
turn, quarter-master,  268. 

Stuart,    Nathan,   555: Simeon    and 

Thaddeus,  156. 

Suffield,  ferry,  189,  270,  274. 

Sumner,    Benjamin,  deputy  for  Ashford, 

58,  92,    116,   174,   214,   221,    493: 

John,  army  lieutenant,  95,  226,  353: 

Samuel,  ensign,  211: Thomas,  en- 
sign in  army,  227,  354,  486. 

Surgeons  in  army,  wages  of,  230. 

Surveyors,  countj',  fees  of,  571. 

Sutliff,  Sarah,  152. 

Sutton,  Seth,  42. 

Symsbui-y,  road  to  Albany  through,  137, 
183,  339,  381. 

Swan,   Benjamin,   597:    Isaac,  595: 

Timothy,  lieutenant,  265. 

Swetland,  Benjamin,  John  and  Joseph, 
73,  392,446. 

Swift,  Heman,   armj'  lieutenant,  99,  228, 

355:    Jabez,   65,   285;  deputy  for 

Kent,  2,  57,  91,  116,  174,  214,  221,  303, 
347,  367,  479;  overseer  of  Indians,  35. 

Tabor,  Jeremiah,  ensign,   20;  lieutenant, 

507:   Josiah,    145:   Samuel, 

lieutenant,  374. 

Taintor,    Charles,    lieutenant,   465: 

Michael,  ensign,  578. 

Talcott,  Benjamin,  deputy  for  Bolton,  2, 
58,  92,  116,  174,  214,  221,  303,  348,  494, 

569,  613: Klizur,  34: Joseph, 

181,  369,  412,  609;  chosen  treasurer,  3, 
116,  246,  368,  494;  justice,  6,  119,  249, 
370,  497;  vs.  Allyn,  140,  212,  278,  328, 
563:  Josiah,  397,  546: Mat- 
thew, 449,  468,  549,  562,  6«9;  deputy 
for  Middletowii,  174,  213,  220,  303,  348, 
367,  436,479,  494,  569,  613:  Sam- 
uel, 31,  181,  282,  297,  339,  389,  574; 
deputy  for  Hartford,  244,  302,  347,  568, 
612;  committee  of  pay-table,  489;  jus- 
tice, 249,  370,  497. 

Talmage,  Abigail,  Daniel,  Joseph,  325: 
James  and  Timothy,  324. 

Tanner,  William,  530,  600;  bridge  built 
by,  88. 

Tarbox,  Godfrey,  captain,  338. 

Tavern-keepers,   when   nominated,  259. 

Taxation,  of  money  at  interest,  14;  to 
build  court-house  or  jail,  308;  soldiers 
freed  from  poll,  182,  344;  part  of  Tor- 
rington  freed  from,  411;  New  Fairfield 
freed  from,  413. 


Taxes  laid,  9,  63,  352,  to  pay  bills,  100, 
215,  236,  255,  351,  483,  616.  " 

Taylor,   Daniel,   114:   Joseph,   558: 

Levi,  ensign  in  army,  254,  lieuten- 
ant,   355,    486:    Nathaniel,   army 

chaplain,    621:    Reuben,   Samuel 

and  Thaddeus,  626. 

Tea,  duty  laid  on,  10. 

Tenancy  by  courtesy  refen-ed  to,  394. 

Tenant  in  common  may  call  fellow  com- 
mnners  to  account,  258. 

Terrill,  Amos,  ensign,  575:   James, 

286;  ensign,  377;  lieutenant,  446. 

Terry,  Ebenezer,  deputy  for  Enfield,  494: 

Ephraim,  4;  deputy  for  Enfield,  3, 

58,  92;  justice,  6,   119,"  249,  370,  497: 

James,  153:  John,  captain  in 

arniy,  408:  Nathaniel,  deputj' for 

Enfield,  867,  436,  479 ;  ensign  in  army, 
95,  lieutenant,  227,  353. 

Thatcher,  John,  lieutenant,  69;  ensign  in 

army,    95,   lieutenant,   226,   485:    

Partridge,  deputy  for  New  Milford, 
303,  343. 

Thomas,  Caleb,  324:  Charles,  ensign, 

375:  Daniel,  535:  Elijah,  79: 

Hackaliah,    325:    John    and 


Mary,  54: 


Recompence,  162. 


Thompson,    Abraham,   and  Joseph,     324: 

Ezekiel,  captain,  267: Gideon, 

deputy  for  Goshen,   174,  213,220,245; 

justice,  8,121,  250:  Isaac,  ensign 

in  army,  356,  485,  lieutenant,  619:  

Jabez,  captain  lieutenant  in  army, 

96,  227,  354,  captain,  486:  James 

and  Josiah,   325:  John,   324,  414: 

William,  ensign  in  army,  485,  lieu- 
tenant, 619. 

Thompson  society,  some  set  to  N.  Wood- 
stock, from,  556. 

Thorp,   Hannah,    592:    Joseph   and 

Oliver,  279:    Stephen,   ensign   in 

army,  228,  355,  486. 

Throop,  Benjamin,  preached  election  ser- 
mon, 117. 

Tibbals,  Arnold,  ensign,  266: Nathan, 

ensign  in  army,  99,  lieutenant,  228, 
354,  486,  620. 

Tiffixny,  Silas,  land  sold,  535. 

Tilden,  Isaac,  170. 

Tiley,  William,  412. 

Tilley,  James,  604. 

Tillotson,  James  and  .Jonathan,  170. 

Todd,  Asa,  324:  Benjamin,  45:  

Ithamar,    77,    194:   Jonah,    army 

surgeon,    487:  Michael,  325,    395, 

400. 

Tolland  in  Stafford  probate  district,  298, 

Tomlinson,  Agur,  296;  deputy  for  Strat- 
ford,  2,    58,   92,    115;  justice,  120,  250, 

372,  498;  lieutenant,  209:  Gideon, 

army  captain,  98,  228,  355: John, 

575:  Joseph,  quarter-master,  336. 

Tooker,  Daniel,  514. 

Torrington,  winter  parish  in,  29 ;  to  send 
in  list,  262;  east  part  freed  from  tax, 
411;  road  to  Winchester,  530,  601. 

Towner,   Abraham,  army  lieutenant,  354. 


INDEX. 


659 


Townly,  John,  559. 

Towns,  responsible  for  excise  collectors, 
13;  buildino;  of  bridges  between,  570. 

Townsend,  Ebenezer,  324 :  Jeremiah, 

324,  325,  395. 

Towsev,  Thomas,  bond  released,  38; 
justice,  7,  120,  250,  372. 

Towsley,  Samuel,  71. 

Tozar,  Samuel,  141. 

Tracy,  Daniel,  captain,  264:  Eleazer, 

army  lieutenant,    98:  Isaac,  442, 

506,   562;  deputv  for  Norwich,   1,  114, 

244,    366,    492,    568,    612:    John, 

lieutenant,  377:  Joseph,  lieutenant, 

264:  Nathan,  584:   Phineas, 

538:    Prince,    53:    Samuel, 

506,  610:  Simon,  35;  justice,  371, 

498. 

Treadwell,  Hezekiah,  169. 

Treasury:  act  to  rerrulate  payments  to, 
49;  discharge  of  mortgages  to,  50,  360; 
auditors  appointed,  135,  503;  supplies 
raised,  100;  bills  of  exchange  sold,  129, 
345,  437,  490,  502,  563 ;  money  received 
from  England,  237,  262;  notes  to  be 
paid,  439;  bonds  to  be  collected,  503; 
account  of  bonds  to  be  kept,  603 ;  repay- 
ment of  loan,  575. 

Treat,  Elisha,  ensign,  263;  lieutenant, 
553: Robert,  65;  deputy  for  Mil- 
ford,  57,  91,  436,  479;  justice,  6,  119, 
249,  371,  497. 

Tree,  Beriah,  432. 

Trowbridge,  Caleb  and  Samuel,  455:  ■ 

Joseph,   325,  394,400: iMabel,  325: 

Stephen,  324. 

Truby,  Andris,  land  sold,  532. 

Trueman,  Jonathan,  388. 

Trumble,    Benjamin,    ensign,    132:    

Jonathan,  262,  439;  in  nomination,  65, 
180,  340,  441,  574;  chosen  assistant,  3, 
116,  246,  368,  494;  present,  1,  57,  90, 
114,  173,  212,  219,  244,  302,  347,  435, 
478,  492,  568,  612;  agent  to  England, 
108;  accounts  settled  with,  136;  com- 
missioner, 64,  104;  committee,  62,  102, 
127,  146,  191,  238,  276,  335,  343,  383, 
390,  412,  460,  559,  563,  575;  judge, 
county  court,  4,  117,  247,  372,  499, 
probate  court,  5,  118,  247,  369,  496. 

Trusdell,  Ebenezer,  ensign  in  army,  354. 

Tucker,  Daniel,  rights  restored  to,  328: 
Noah,  ensign,  378. 

Tully,  ,Iohn,  287,  311;  justice,  7,  120,  249, 

371,    498: William,    deputy    for 

Saybrook,  244. 

Turner,  Daniel  and  Jacob,  324:  Isaac, 

324;  army  captain,  96,  227:   John, 

201:   Philip,    army   surgeon,    357, 

487. 

Tuttle,  Andrew,  325,  464:  Abraham, 

Amos,  Enos,  Phebe,  Timothy,  324: 
Daniel  and  Stephen,  325: Ezra, 


lieutenant,   227,   354,   486: 


Isixac, 


ensign,    337:     

509: Hezekiah 

justice,    6,     commission 

Nathaniel,    army 

227,  355;  captain,   510: 
Tyler,    Abraham,   ensign 


Gershom 

463:   — 


ensign, 

Isaiah, 

vacated,    66: 
lieutenant,    99, 

Titus,  45. 

in    army,    9C, 


606;  ensign,  17: Job,  ensign,  26 

John,  deputy  for  Preston,  174,  214, 

221;  army  captain,  229,  356:  Jo- 
seph, deputy  for  Preston,  569,  613;  cap- 
lain,  512:  Moses,  deputv  for  Pres- 
ton,   435,    478:    Nathaniel,    274: 

Samuel,  564. 

Uncas,  Ben,  36,  complaints  by,  417. 

Union,  bounds  with  Stafford,  523,  with 
Woodstock,  272,  382;  in  Stafford  pro- 
bate district,  298. 

Union  Wharf,  N.  Haven,  incorporated, 
400. 

Upson,  Stephen,  lieutenant,  467. 

Vallee,  Frank,  184. 

Vanderburgh,  William,  205. 

Vice,  proclamations  for  suppressing,    64, 

489. 

Wade,  Joseph,  187. 

Waddams,  Caleb,  146. 

Wadsworth,  Elihu,  412: Elisha,  448, 

476,  649:  James,  deputy  for  Dur- 
ham, 2,  115,  245,  303,  348,  366,  436, 
479,  569,  613;  justice,  6,  119,   249,    371, 

497,  498;  army  captain,   97,  227: 

John   N.,    ensign,    508: Joseph, 

410;  ensign  in  army,  95:  Thomas, 

ensign,  130;  lieutenant,  377: Wil- 
liam, deputv  for  Farmington,  57,  91, 
245,  302,  347,  366. 

Wait,  Richard,  deputy  for  Lyme,  436, 
479. 

Wakeling,  David,  ensign,  18;  lieutenant, 
507. 

Wakeman,    Daniel,    David  and   Stephen, 

586:  Ebenezer  and  Joseph,   566: 

Samuel,  lieutenant,  337. 

Walbridge,  Amos,  ensign  in  armj',  253. 

Walden,  .lonathan,  626. 

Waldo,   Cornelius  and  Edward,  416:  

Zechariah,  48,  416. 

Wales,  Ebenezer,  287,  310;  justice,  7,  120, 

250,  372,    499:  Nathaniel,   deputy 

for  Windham,  1,  173,  213,  220;  justice, 
499. 

Walker,  Isaac,  392:  James,  justice, 

498: Josiah,   army  lieutenant,  98, 

228: Robert,    38,    191,    295,    564; 

deputy  for  Stratford,  244,  303,  347,  368, 
436,  479,  569;  justice,  7,  120,  250,  372, 
498;  judge  superior  court,  369,  495; 
major,    16;    lieutenant-colonel,    67;    in 

nomination,    441,    574: Thomas, 

188. 

Wallingford,  new  society  in,  344;  high- 
way in,  431 ;  Rev.  Woodbridge  preaches 
in,  517. 

Walsh,  Patrick,  army  lieutenant,  228, 
356. 

Walsworth,  Samuel,  cornet,  265. 

Walter,  William,  lieutenant,  444. 

Walters,  James  and  Sarah,  86,  202. 

Wapping,  (Windsor,)  winter  parish,  594. 

Ward,  Amos  and  Peter,  532 : Andrew, 

captain,  580,  in  army,  95,  227,  354;  dep- 


660 


INDEX. 


uty  for  Guilford,  244: 


Edmund, 


deputy  for  Guilford,  302,  347,  366,  436, 

479:  Jacob,  ensign  in  army,  619: 

Macock,  deputy  for  Wallingford, 

173,  213,  220: Patrick,  killed   at 

Jamaica,  208: Samuel,  captain,  18: 

Stephen,  660:  Thomas,  en- 
sign, 875. 

Wardwell, David, Rafe, Abigail  and  Samuel, 
201. 

Warner,  Ebenezer,  ensign,  337 :  John, 

191,   282:     Jonathan,    lieutenant, 

265:  Thomas,  288;  quarter-master, 

677:  William,  288. 

Warren,  James,  148. 

Warriips,  Indian,  may  sell  land,  284. 

Washborn,  Robert,  461. 

Waterbuiy, winter  parish  in,(Middlebury, ) 
461;  bridge  in,  525. 

Waterbury,  David,  240,  363;  army  cap- 
tain, 98"  major,  226,  228,  235. 

Watercourses,  penalty  for  nuisances  in, 
309. 

Waterman,   Ebenezer,  217,  314:  P^li- 

sha,  grants  to,  154,  240:  Ezekiel, 

army  lieutenant,  356: Isaac,  198. 

Waterhouse,    Andrew,   73 :    Gideon, 

ensign,  210:  John,  cornet,  71;  jus- 
tice, 119,  249,370,  497. 

Waters,      Abrahain,     Elizabeth,    Joseph, 

Marv,  54: Henry,  581:  John, 

64;  justice,  6;  Worthy,  527,  696. 

Watson,  John,  325. 

WeLb,  Charles,  deputy  for  Stamford,  115, 

174,  214,   221,   244,   303,  348,    436,  479, 

493;  lieutenant,  69:  captain,  375;  

Epenelus,  402:  Joseph,  40,  402. 

Webster,    Aaron,     lieutenant,   57 1":    

Cyprian,  justice,  8,  121,  250,  373,499: 
~ — Medad,  ensign,  512:  Pelatiah, 


49,  242: 
ton,  367. 


Thomas,  deputy  for  Bol- 


Wedge,  John,  land  sold,  595. 

Weed,  Amos,  ensign,  375:  Ebenezer, 

ensign,  338 ;  lieutenant,  375 : .lames, 

24: John,  quarter-master,  374;  cor- 
net, 580: Martha,  84:   Samuel, 

322. 

Weight  of  bunches  of  onions  regulated,  37  8. 

Welch,  John,  Sarah  and  Thomas,  461: 

Paul,  110;  justice,  8,  121,  250,  373, 
499. 

Welles,  David,  lieutenant,  263:  Ebe- 
nezer, army  lieutenant,  96: Edward, 

army  captain, 96: Elipha!et,anny  en- 
sign, 354,  lieutenant,  486: Ephraim, 

ensign  in  army, 353:  Gideon,  army 

surgeon,    125,  126,  229,  367,  487,   503: 

Israel    W.,    quarter-master,   576: 

James,  ensign  in  army,  227,  lieu- 
tenant,    619:    John,   deputy    for 

Glassenbury,  173,  213,  220,  245,  367,  493, 

569,613;    ensign,   512: Jonathan, 

deputy  for  Glassenbury,  436,  479;  lieu- 
tenant,  466:     .loseph,  deputy  for 

Haddam,  174,  213,  221,569,  613;  jus- 
tice, 6,  119,  249,   370,  497:  Levi, 

army  lieutenant,  227,  354,  485,  6i0: 

Lewis,  ensign  ia  army,  97:  Samuel, 


192,584;  captain,  130;  army  lieutenant, 

95,   captain,  253;  land   sold,   273:  

Susanna,    273: Tiiomas.    172;     in 

nomination,  65,  180,  341,  441;  chosen 
assistant,  3,  116,  246,  368;  present,  1, 
67,  90,  114,  173,  212,  219,  244,  302,  347, 
366,  435;  committee,  30,  32,  33,  46,  56, 
73,  81.  140,  142.  158,   205,  272,  282,  295, 

297,  339,382,  410,  467:  justice,  497: 

William,  137,  183,  294,  299,  339,  360, 
430;  justice,  497. 

Welman,  William,  land  sold,  458. 

Welton,  Oliver,  ensign  in  armv,  486,  620. 

Wentworth,  Hugh,  398. 

Wescote,  Samuel  atid  Betty,  73. 

West,    Ebenezer,    justice,    7,     120: 

Joshua,  383;  deputy  for  Lebanon,  57, 
91,  115,  174,  214,  221,348,  367,  436,  479, 
493,  669,  613;  justice,  7,  120,  250,  372, 
498:  Zelnilon,  272,  382,  421;  dep- 
uty for  Tolland,  2,  68,  91,  115,  174,  213, 
221,  245,  303,  348,  367,  479,  498,  569, 
612;  justice,  6,  119,  249,  370,  497;  pro- 
bate judge,  248,  869,  497. 

West  Staflbrd  ecclesiastical  society  estab- 
lished, 516. 

Wethersfield,     school     district     in,      79; 
Stepney  parish,  282,  322. 

Wetmore,    Benjamin    and    Francis,    218: 

Hezekiah    and    Sarah,  171: 

•leremiah,  150: Seth,  187,  150,  188, 

279,  294,  299,  360,  415,  430,  477,  504, 
648;  deputy  for  Widdletown,  8,  58,  92, 
174,  213,  220,  244,  303,  348,  367,  436, 
479,  494,  669,  613;  justice,  6,  119,  249, 
370,  497. 

Wheat,  Benjamin,  ensign.  374. 

Wheatly,  John,  army  lieutenant,  98,  228, 
captain,  856,  619. 

Wheeler,  Benjamin,  deputy  for  Plainfield, 
245,  366,  436,  493,  669 ;' justice,  7,  120, 

250,372,498:  Daniel,  ensign,  376: 

David,   519:   Ephraim,   461; 

ensign,  376:  Ichabod,   lieutenant, 

68;  captain,  387:  Isaac  and  Jonas, 

461:    James,   deputy    for  Derby, 


303,  348,    367,   4-36,479,  569,612: 

Obadiah,   88:    Paul,    ensign,  510: 

Samuel,    451,  461,  582:  Zac- 

cheus,  captain  in  army,  97. 

White,   Elisha,    325;     captain,    71: 

Ezekiel,  558:  Joel,  282;  deputy  for 

Bolton,  2,  245,   436,  479,  669,613:  

John,  324,  325:  Joseph,  justice,  6, 

119,  249,   370,  497:  Micah  and  Ne- 

hemiah,     167:    Ruth,     168: 

Samuel,   28:    Stephen,   ensign    iu 

army,  227,  353,   lieutenant,  485:    

Timothy,  274. 

White   Haven  ecclesiastical    society  con- 
stituted, 324,  425. 

Whiting,  Charles,  army  captain,  98,  228, 

254: Gamaliel,    412:    John, 

238,  295,  326,  339,  385,  396,  441,  465, 
518,  624;  deputy  for  N.  Haven.  114,173, 
212,  220,  244,  302,  347,  435,  478;  jus- 
tice, 6,  119,  249,  371,  497:  Nathan, 

62,  241,  325,  395;  grant  to,  55;  army 
colonel,  96,  226,  227,  354,  484,  618: 


INDEX. 


661 


Samuel,  army  captain,  254,  355,   486, 

620: William,  justice,  7,  120,  250, 

371,  498;  armv  surgeon,  125. 

Whitlock,  Joseph,  289. 

Whitman,  Elnathan,    27: Solomon, 

deputy  for  Farmingrton,  173,  213,220; 
justice,  6,  119,  249,  370,  497. 

Whitmore,  Abigail,  410;  bridge  owned  by, 

32:  Thomas,  lieutenant,  132:  

William,  32. 

Whitney,  David,  271,  339;  deputy  for 
Canaan,  2,  57,  91,  173,  213,  220,  302,  347, 
367,435,478,568,  612;  committee,  22, 
137,  183;  justice,  8,  121,  250,   373,   499; 

lieutenant-colonel,  16:  James  and 

Lydia,  162: John,  ensign,  466: 

Joshua,    271;   justice,    121,    250,    873; 

lieutenant,  21: Tarball,  542;  army 

lieutenant,  97,  captain,  228,  355. 

Whiton,  Elijah,  deputy  for  Ashford,  493; 

justice,  7, 120,  250,  372,  499: Elisha, 

deputy  for  Ashford,  2. 

Whittlesey,  Ambrose,  182,  184;  land  sold, 

28,   158,' 458:  Charles,  deputy  for 

Wallingford,  245,  303,  348,  367,  436^,  479, 
493,569,613;  justice,  119,  249,371,  497: 

Chauncey,  22;  justice,  6: Elisha, 

325:    Eliphalet,   army  captain,  95, 

226,  353: Hezekiah,  158,  536;  dep- 
uty for  Saybrook,  2,  173,  213  220,  303, 
348,  366,  436,  479,  493,  570,  613;  justice, 

7,    120,    249,  371,    498: Samuel, 

402. 

Wickwire,  Alpheus,  314,  427. 

Wight,  Joshua,  25. 

Wilcox,  Daniel,  311:    Israel,   set  to 

Middletown  2d  .society,  48:  Jona- 
than, 518:  Joseph,  deputy  forKil- 

lingworth.  366;  justice,  6,  120",  249,  371, 
498:  Stephen,  187. 

Wilcoxson,  John,  311: Joseph,  deputy 

for  Symsbury,  115,  173,  213,  220,303; 
justice,  6,  119,  249: Timothy,  595. 

Wild,  Jonas,  ensign  in  army,  253,  354. 

Wildman,  Jacob,  .521. 

Wilford,  John,  deputy  for  Branford,  115, 
493: Joseph,  ensign,  581. 

Wilkinson,  Benjamin,  lieutenant,  239. 

Williams,    Azariah,    53:    Benjamin, 

588;  ensign,  19;  captain,  378: Eben- 

ezer,  deputy  for  I'omfret,  2,  58,  92,  174, 
213,  245,  303,  348,  367;  justice,  7,  120, 
250,  372,  499;  probate  judge,  248,  369, 

497: Elisha,  181,246,344,393,  409; 

deputy  for  Wethersfield,  2,  245,  303, 
347,  436,  479,  494;  justice,  7,  497;  cap- 
tain, 263;  lieutenant  in  army,  96: 

Ezekiel,  captain,  553:  Henry,  en- 
sign,   508:    Isaiah,    ensign,    579: 

Israel,  527: John,  169,   170, 

600;  deputy  for  Pomfret,  115,  for 
Sharon,  2,  58,  92,  115,  174,  213,  220, 
669,  613,  for  Stonington,  3,  245,  494; 
commLssarv,  126,  232;  judge,  county 
court,  4,  'll7,  247,  372,'  496,  probate 
court,  5,  118,  248,  370,  497;  justice,  8, 
121,  250,  372,    498,    499:  —  .Joseph, 

170;  captain,  210: •  Matthew,   170: 

— -  Nathan,  416,  470: Nehemiah, 


545:  Samuel,  470,  588,  589: 

Soloman,  584: Thomas,  justice,  7, 

120,  250,  372,  499: Timothy,  land 

sold,  584: William,  268,   287,  333, 

461 ;  deputy  for  Groton,  569,  for  Leba- 
non, 1,  57, '91,  174,  214,  221,  244,  303, 
348,  367,  436,  479,  493,  569,  613;  com- 
mittee, 343,  390,  571;  justice,  7,  120, 
249,  250,  371,  372,  498;  lieutenant,  18; 
captain,  264. 

Willington,  to  send  in  list,  262;  freed  from 
tax,  322;  in  Stafford  probate  district, 
297. 

Willis,  Samuel,  146,  191. 

Wills,  Azariah,  grant  to,  280: Heze- 
kiah, ensign  in  army,  354: .Toshua, 

280;    deputy  for  Tolland,  2,   174,  213, 

221,245,   303,   348,    367,   436,   479: 

Solomon,  ensign  in  army,  96,  lieutenant, 
227,  485,  619. 

Wilmot,  Ebenezer  and  William,  325: 

Thomas,  324;  captain,  509. 

Wilson,  John,  461;  lieutenant,  375;  cap- 
tain, 652:  Noah,  captain,  21;  en- 
sign, 265: Thomas,  grant  to,  86. 

Winchel,  Ebenezer,  29: Stephen,  en- 
sign in  army,  353. 

Winchester,   road  to  Torrington,  530,  601. 

Windsor,  bounds  with  Hartford,  51 ;  bridge, 
624;  1st  society  divided,  32,  287,  311, 
meeting-house  2d  society,  460,  559, 
Pequannock  society  without  a  minister, 
383,  Wapping  winter  parish,  594;  timber 
floating  down  river,  protected,  309. 

Wing,  Abrnham,  161. 

Winston,  Daniel  and  Stephen,  273. 

Winthrop  and  Lechmere,  an  estate  settled 
under  law  of,  396. 

Wise,  John,  325. 

Witter,  William,  316,  454;  deputy  for 
Preston,  2,  115,  174,  214,  221,  303,  348; 
justice,  7,  120,  249,  371,  498. 

Wolcott,     Alexander,    625;     deputy    for 

Windsor,  2: Erastus,  339,  455,  650, 

625;  deputy  for  Windsor,  115,  173,  213, 
220,  245,  303,  348,  568,  612;  justice,  370, 
497;  lieutenant,  338;  captain,  679: — — 
Gideon,  captain,  338,  in  army,  96,  227: 
Giles,  army  lieutenant,  354,  cap- 
tain,  485,   619: .Joshua,  land  sold, 

153: Oliver,  632: Hoger,    in 

nomination,   65:    Roger  jun.,  172, 

282;  in  nomination,  65,  180,  341;  chosen 
assistant,  3,  116,  246;  present,  1,  57, 
114,  173,  212,  219,  244;  committee,  56, 
297;  judge,   superior  court,  4,  117,  247; 

death  of,  314: William,  282,  388, 

389,  398,  470,  546,  554,  563,  601,  625; 
deputy  for  Wind.sor,  2,  58,  367,  436, 
479,  493;  justice,  6,  119,  248,  370,  497; 
commissioner,  64,  104. 

Wood,  John,  415,  477,  547;  army  surgeon, 

126:    •  .Joseph,    650:    Samuel, 

justice,  7,  120,  260. 

WoiMlhridge,  Ashbel,  27: Rev.  Ben- 
jamin, prosecuted  for  preaching  in  Wal- 

liu'-ford,  517:  Dudley,  deputy  for 

(Jroton,  3,  669,  613: Russell, 'lieu- 
tenant,   466;    captain,  511. 


662 


INDEX. 


Woodbury,  winter  parish  in,  582. 

Woodford,  William,  ensign,  377. 

Woodin,  Benjamin,  Israel,  John,  Joseph, 
Samuel  and  Sarah,  324. 

Woodruff,    Benjamin,    ensign,    465: 

Charles,  608:   Jacob,    deputy  for 

Litchfield,  244;  justice,  250,  372, '499: 
Joseph,  deputy   for    Milford,  115, 


244;  justice,    119,    249,    371,497: 

Joshua,  captain  in  armv,  96: Judah, 

army  lieutenant,  96,  22"6,  353. 

Woodstock,  trouble  in  1st  church,  27,  388, 
society  divided,  470;  tavern  in,  42; 
bounds  with  Union,  272,  382. 

Woodward,    David,  armv    lieutenant,  97, 

227, 354,  486 ;  captain,  .361 : Ephraim, 

ensign,  68;  lieutenant,  210:  Isaac, 

583:  Jacob,  536:  John,  394: 

Eosewell,    394: Samuel   and 

Abigail,  166. 

Woodworth,  Benjamin,  ensign  in  army, 
254. 

Wooster,  David,  56,  240,  324,  542;  deputy 
for  New    Haven,    1;    army  colonel,  98, 

226,  227,  355: IMward,  ensign    in 

army,  355: John,  423;  ensign,  377: 

Joseph,  45,  530: Peter,  ensign 


in  armv,  96,  lieutenant,  253,  355;  grant 
to.  241." 

Worthington,  Elijah,  deputy  for  Colchester, 
2,  58,  92,  115,  173,  213*^,  220,244,  302, 
347,  367,  436,  480,  494. 

Wright,  Aaron,  grant  to,  312: Abel, 

320;  captain,  133: Dudley,  deputy 

for  Colchester,  244,  302,  347, '367,  436, 
480,  494,  569,  613: Earl,  576: 

Ebenezer,    deputy  for   Wethersfield,    57, 

91: Elisha,  ensign,  553: John, 

army  lieutenant,  228: Joseph,  564: 

Josiah,  ensign  in  army,  95: 


Samuel,  army  lieutenant,  619: 
William,  53,  l'42. 
Wvllys,  George,  100;  committee,  129,  214, 
235,  255,  345,  351,  437,  483,  490,  502, 
554,  563;  grants  to,  65,  172,  297,  329, 
433;  justice,  6,  119,  249,  370,  497; 
chosen  secretary,  3,  116,  246,  368,  494. 

Yale,  Aaron,  29: Nash,  ensign,  68. 

Yeomans,    Edward,    land  sold,  470:  

Giles,  195,  470. 
Younglove,  John,  Samuel  and  Sarah,  319. 
Youngs,  Samuel,  lieutenant,  553. 


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