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

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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. 















10 





10 

















14 






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 





Hartford, 


1109 8 


6 - 


39 4 





Fairfield, 


1010 18 


8 - 


- 861 9 





Sharon, 


389 9 


4 - 


- 500 16 





Glassenbury, 


1281 14 


6 - 


- 




A-shford, 


1409 5 


- 


- 216 





Stafford, 


107 4 


- 


- 





libi. 


OF CONNECTICUI 


T 


15 




Single addition. 


Fourfold assessments. 


To Branford, 


£111 5 


5 


- £197 12 





Canterbury, 


262 13 





- 1002 18 





Wallingford, 


750 19 





- -275 





Farmington, 


5.39 7 





- 718 7 





Weathersfield, 


726 16 


3 


- 124 4 





Middletown, 


1126 2 





- 116 8 





Coventry, 


1612 1 


6 


- 122 





Milford, 


254 16 


8 


92 4 


6 


Windsor, 


3145 18 


9 


- 232 4 





Litchfield, 


193 





- 542 8 





Lyme, 


2405 10 





- 720 16 





Groton, 


434 





- 609 10 





New Milford, £603 12 








Subtraction, 138 19 6 


6 








464 12 




Colchester, 


708 





_ 




Preston, 


479 11 





- 106 





Killingsworth, 


649 16 





- 240 12 





Pomfret, 


■ 549 13 





- 646 





Bolton, 


134 7 





40 





Tolland, 


103 2 





_ _ 




Newtown, 


69 8 





_ _ 




D anbury, 


158 6 


lOi 


- 144 12 





Symsbury, 


897 10 


0^ 


- 




Haddam, 


297 5 





_ 




East Haddam, 


503 13 





72 





New Hartford, 


35 10 





- - 




Plainfield, 


881 3 





- 870 





Greenwich, 


2518 





_ _ 




Woodbury, 


380 18 


2 


- 501 


6 


Harwington, 


97 19 





- • 




11] Saybrook, 


1787 5 





- 




Norwalk, 


1050 13 





- 990 15 


6 


Suffield, 


588 15 


6 


^ « 




Stratford, 


875 6 


7 


24 





Voluntown, 


181 12 





- 350 8 





Windham, 


423 2 


6 


- 356 





Ridgefield, 


702 18 





- 178 6 


6 


Derby, 


349 18 


6 


- 




Stanford, 


57 10 





_ _ 




Woodstock, 


1279 10 





- 206 





Waterbury, 


268 11 


6 


- 154 4 





Guilford, 


45 8 


5 


- 594 9 


4 


Stonington, 


1034 12 





- 221 4 






- 


- 


6 - 


- 177 8 


6 - 


- 1190 13 



16 PUBLIC RECORDS [May, 

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

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 





New London, 


35816 3 


3 


Tolland, 


10183 


4 





Newtown, 


15841 16 


9 


Farmington, 


45062 


6 


2 


Kent, 


9625 12 





Windham, 


27887 


14 


10 


Woodbury, 


36786 12 


7 


Suffield, 


172(59 


14 





Harwington, 


4699 10 





Haddam, 


12089 


13 


4 


Norwich, 


60189 17 


1 


Salisbury, 


10730 






Canaan, 


10987 2 





Waterbury, 


23145 


13 


3 


Woodstock, 


17066 10 





Bolton, 


9447 


15 





Hebron, 


18022 3 


6 


Stanford, 


28651 


4 


3 


Lebanon, 


40603 18 





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 




2 
14 
18 
12 
7 
11 
17 
16 

5 

8 

10 

13 

7 

9 

1 

19 



4 


5i 
2i 
3 
6 
6 
2 
6 



2 

10 

6 

11 

10 



2 



Enfield, £9390 11 

Somers, 7404 4 

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 

Stafford, 7858 9 

Pomfret, 22623 

Greenwich, 21234 3 11 

Eidgfield, 12357 11 9 

New Milford, 15600 17 10 

New Hartford, 4651 2 

Voluntown, 10988 11 

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 





10 15 





9 1 


4 


6 





6 





4 





3 10 





10 





2 





1 18 





2 





2 





1 18 





8 





4 





1 16 





3 5 





2 8 






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 



Lebanon, 


£ 340 7 





Canterbury, 


441 5 





Mansfield, 


188 19 


6 


East Haddam, 


683 7 


6 


Pomfret, 


560 





Canaan, 


125 6 





Windham, 


93 11 


2 


A-shford, 


130 





Litchfield, 


85 8 





Woodstock, 


1469 





W oodbury. 


440 14 


10 


Danbury, 


434 





Stonington, 


773 6 





New Hartford, 


326 7 





Darby, 


113 2 


6 


Newtown, 


185 15 


6 


Killingsly, 


915 10 





Sharon, 


47 





Salisbury, 


849 7 


6 


Branford, 


2169 11 


9 


New Milford, 


624 1 





Bolton, 


12 





Stanford, 


366 4 


1 


Goshen, 


69 11 





Hebron, 


1398 





Saybrook, 


1512 15 


5 


Ridgfield, 


579 15 


3 


Fairfield, 


1560 12 





Voluntown, 


64 12 





Colchester, 


487 2 





W aterbury. 


505 18 


6 


Windsor, 


727 2 





Killingworth, 


185 6 


1 


Preston, 


519 7 


6 


Lyme, 


1815 6 


3 


Suf^eld, 


645 





Stratford, 


3854 2 






127 4 





143 12 





78 8 






28 

25 11 

182 16 

821 12 



255 12 



54 12 





173 12 





203 5 





10 16 





1276 5 


8 


72 





94 6 





16 16 





17 12 





158 5 





390 8 





495 16 






246 8 



1758.] OF CONNECTICUT. 135 

Single additions. Fourfold assessments. 

Norwalk, £585 - - - £ 427 16 

Groton, 742 18 6 - - - 1582 5 

Kent, 500 7 - 

Greenwich, 473 8 6 - - - 585 12 

Tolland, 278 8 - - - 280 12 

Famiington, 543 16 - - - 708 6 

Milford, 721 15 - 

Enfield, 177 13 - 

Haddam, 521 14 - , - 

Guilford, 314 12 2 - - - 337 12 

Weathersfield, 2791 14 6 - - - 851 8 

Norwich, 408 5 - - - 959 4 

New London, 231 - 

Glassenbury, 315 4 6- 

Wallingford, 1428 19 - - - 569 4 

Symsbury, 198 - 

Coventry, 290 3 6 - - - 900 11 

Hartford, 1921 7 - - - 

New Haven, 1299 1 6 - - - 2201 15 

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 





Norwich, 


54760 


4 


6j 


W aterbury, 


23204 





6 


Ridgfield, 


11276 


18 


3 


Saybrook, 


22181 


1 


9 


D anbury, 


20185 


11 


11 


W indham. 


26952 


1 


4 


Colchester, 


25695 


7 





Suffield, 


16702 


2 





W oodbury, 


37983 


16 


i 


Coventry, 


19021 


8 


2 


Canaan, 


10091 


4 


6 


Hebron, 


17358 


12 





Wallingford, 


41498 


3 


6 


New Milford, 


15862 


4 


6 


Pomfret, 


20113 


13 


3 


Mansfield, 


16904 


1 


6 


Tolland, 


1015.S 








W indsor, 


40540 


18 


9 


Goshen, 


7705 








Preston, 


19969 


14 





Haddam, 


11776 


4 


7 


Durham, 


10731 


14 


3 


Enfield, 


8374 


18 





Plainfield, 


12341 


19 


6 


Somers, 


5434 


11 





Farmington, 


42653 


10 


2 


Killingsley, 


21837 








Stonington, 


34656 


13 





Glassenbury, 


15663 





6 


Ashford, 


12608 


9 


9 


Symsbury, 


22079 


2 





Kent, 


9802 


12 





Voluntown, 


10125 


5 





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 





Litchfield, 


15501 


8 


9 


Branford, 


23202 


5 


■ ) 


Harwington, 


4804 


1 





Stafford, 


7766 


1 





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 





Newtown, 


14563 


5 


4 


Derby, 


13218 


18 






1758.] OP CONNECTICUT. 181 

s. d. s. d. 

Woodstock, X16500 Middleton, £47532 5 4 
Greenwich, 18859 15 10 Fairfield, 52653 15 5 
Lebanon, 37295 6 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 






















£8 





5 





4 





12 





2 10 





2 





1 18 





2 





2 


{) 


1 18 





1 16 





3 





3 






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 

Killingsly, 513 9 - 

Pomphret, 1625 4 6 - - - 123 

Voluntown, 256 18 - - - 219 5 

New Milford, 355 7 - 

Suffield, 365 5 - 

Killingworth, 69 9 6 - - - 552 2 6 



1759.] OF CONNECTICUT. 261 



Branford, 


Single addition. 
X78 12 - 


Fourj 
- £278 


^old. 
14 





Colchester, 


355 


- 


- 46 








Salsbury, 
Newtown, 


305 13 

962 7 


8 - 
- 


- 






East Haddam, 


328 


- 


- 






Preston, 


448 6 


- 


- 






Tolland, 


80 


- 


88 


8 





Guilford, 


65 3 


10 - 


- 21 


1 


6 


Woodstock, 


1255 


- 


- 144 








Danbury, 
Durham, 


285 6 
41 5 


3 - 
9 - 


- 17 


12 





Norwalk, 


322 9 


3 - 


- 218 


9 


4 


Goshen, 


1 


- 


- 






Mansfield, 


366 15 


6 - 


- 






Ashford, 


168 


- 


- 






Lclianon, 


663 3 


- 


- 107 


14 





Homers, 


1563 11 


- 


- 






Stanford, 


425 1 


3 - 


- 141 


4 





Milford, 


624 12 


3 - 


- 584 


18 





Norwich, 


207 8 


6 - 


- 1453 


5 





Haddam, 


539 13 


- 


- 65 


8 





Farmington, 


1019 18 


6 - 


- 387 


16 





Middletown, 


908 4 


- 


4 








[181] New Hartford, 121 4 


- 


62 


8 





Wallingford, 


1403 6 


6 - 


- 






Windham, 


385 14 


7 - 


- 571 


3 





Sharon, 


184 7 


6 - 


- 356 








Knfield, 


362 4 


- 


- 






Bolton, 


41 


- 


7 





4 


Saybrook, 


447 11 


10 - 


12 








Canterbury, 
Greenwich, 


184 9 
2179 13 


- 
5 - 


- 353 

- 476 


8 







Litchfield, 


308 


- 


- 172 


12 





Woodbury, 
Stratford, 


124 2 
2385 19 


- 
5 - 


- 241 10 

- 100 16 






Groton, 


56 


- • 


. 






Windsor, 


360 8 


- 


- 295 








Plainfield, 


353 10 


6 - 


- 






Weathersfield, 


515 19 


11 - 


- 251 








Kent, 


836 8 


- 


. 






Symsbury, 
Stonington, 


271 1 

767 16 


- 
- 


- 






Hebron, 


1654 1 


- 


- 672 


6 





Coventry, 
Fairfield, 


153 

557 2 


- 
3 - 


- 1015 


4 






262 PUPLic RECORDS [May, 

Single addition. Fourfold. 

Lyme, £1957 15 - 

Waterbury, 247 10 - 

Ridgfield, 1204 12 6 - - - £56 

Hartford, 2157 15 - 

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 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 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 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 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 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 
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 





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 








Coventry, 


17053 


17 


5 


Litchfield, 


15335 





6 


New Hartford, 5272 


8 





Norwich, 


56402 


4 


2 


Ashford, 


11635 


18 


-J 


New London, 


33635 


10 


6 


Harwinton, 


4800 


5 





Colchester, 


23652 







Glassenbury, 


12636 





8 


Tolland, 


10270 


.J 





Lyme, 


24541 


16 


9 


Stamford, 


27451 


8 


7 


Nor walk. 


35958 


9 


9i 


Symsbury, 


20609 


15 





Woodbury, 


39262 


7 


5 


Durham, 


10104 


13 


6i 


Cornwall, 


5050 





7 


Kent, 


108;;6 


10 





D anbury. 


21032 


6 


1 


Windham, 


27317 


7 


7 


Greenwich, 


19056 


8 





Woodstock, 


17451 


10 





Midletown, 


48173 








Mansfield, 


16504 


4 


10 


Haddam, 


12098 


7 





Endfield, 


8613 


12 





Hebron, 


18846 


4 


6 


Salsbury, 


10760 


8 


3 


Canterbury, 


17456 


4 





Pomfret, 


21546 


11 


6 


Stonington, 


33992 


18 


10 


Killingley, 


22260 


10 





Weathersfielc 


1,26796 


3 


6 


Bolton, 


9087 


i;] 





Hartford, 


39398 


6 





New Town, 


16326 


16 


1 


Preston, 


19658 








Say brook. 


20185 


13 


8 


Waterbury, 


24395 


8 


5 


Stafford, 


6178 


3 


6 


Volluntown, 


9956 


12 





Lebanon, 


37200 


2 





Darby, 


13458 








East Haddam, 


21544 


4 





Milford, 


25893 


1 


6 


New Milford, 


16123 


17 


8 


Wallingford, 


42821 


18 


3 


New Fairfield, 


8300 


2 


4 


Farmington, 


43248 


16 


lOJ 


Sufiield, 


16000 








Sharon, 


11243 


6 





Torrington, 


5133 








Windsor, 


40586 


8 


10 


Sommers, 


7012 








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 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 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 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 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 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 





1004 


i 


6 


78 


() 






£322 


IC) 





1595 


16 





254 


8 





3721 


4 





838 









386 



PUBLIC RECORDS 



[May, 



Single Additions. 


Fourfold Additions. 


Norwich, 


£210 


10 





. X106 


6 





Mansfield, 


57 


12 


6 . 


507 


13 





Stamford, 


233 


18 





. 270 


8 





Guilford, 


65 





. 


972 


9 





Greenwich, 


1761 


19 


2 


. 1505 


17 





Farming-ton, 


1098 





. 


262 


19 





Durham, 


180 


8 


10 


36 


14 





Suffield, 


1358 


10 


. 








Harwinton, 


229 














Goshen, 














New Hartford 


, 130 


9 











Danbury, 


257 


14 


9i . 


. . ' 165 








Norwalk, 


811 





9 








Plaiufield, 


384 


13 


. 


. ' . ' 48 








New Milford, 


639 


15 


6 








Killing-worth, 


184 


17 


6 . 


. * . " 40 








Saybrook, 


1541 


9 


9 


. 35 


10 





Sommers, 














Stafford, 


1483 


4 











Sharon, 














Milford, 


561 


19 





' . ' . 1730 


10 





Colchester, 


1338 


11 


. 


542 


12 





Wallingford, 


889 


1 





. 113 


12 





Canterbury, 


154 


12 


6 


398 


12 


6 


Symsbury, 


828 


16 











Salisbury, 


286 


13 


. 


. ' . Ill 








Waterbury, 


612 


10 


6 


. 22 


18 





Branford, 


188 


5 


. 


586 


11 





Windsor, 


945 


7 


10 


. 362 


8 





Newtown, 


216 


9 


1 . 








Kent, 














Lyme, 


1646 


19 


. 








Enfield, 


557 


1 





.612 


6 





Pomfret, 


460 


17 


6 . 


471 


16 





Haddam, 


233 


17 





.289 


11 





Tolland, 


525 


7 


. 


248 









[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 

To each ensign per month, 5 

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 c