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974.6 

C76p 

V.8 

1735-43 

1160582 


OENEAUOOY  COLLECWOMlg? 


y; 


ALLEN  COUNTY  PUBLIC  LIBRARY 


3  1833  01149  3209 


(^o-yf  >7  Gor/<^u  r      \Co/o>u) 


PUBLIC  RECORDS 


COLONY  OF  CONNECTICUT, 

y.EZZL 

FEOM    OCTOBER,    1735,    TO    OCTOBER,    1743,    INCLUSIVE. 


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


BY    CHARLES    J.    HOADLY, 

LIBKABIAN    OF  THE   STATE   LIBEART. 


HARTFORD : 

PRESS  OF  THE  CASE,  LOCKWOOD  &  BRAINARD  CO. 

1874. 


NOT'E. 

1160582 


This  publication  contains  from  page  224  of  volume  VI.  of  the 
manuscript  Records  of  the  Colony  of  Connecticut,  to  tlie  end  of  that 
volume,   and  the  first  221  pages  of  volume  VII. 

The  Journal  of  the  Governor  and  Council  for  the  3'ears  embraced 
in  this  volume,  is  not  known  to  be  extant.  There  are  on  record, 
however,  two  entries  of  their  acts,  both  by  Governor  Law :  one,  of 
February  25th,  174^,  appointing  April  7th,  1742,  as  a  day  of  fasting 
and  prayer,  and  also  granting  a  brief  for  Jeremiah  Foster  to  ask 
charitable  contributions:  the  other,  of  September  1st,  1743,  granting 
a  commission  of  sewers  for  draining  land  in  Killingworth. 

C.  J.  H. 

State  LiBnART,  Hartford, 
January  21,  1874. 


THE  PUBLIC  RECORDS 

OF    THE 

COLONY   OF   CONNECTICUT. 

[Vol.  VI.,  Page  224.] 

Conneeticutt  ) 
Colony.  ) 
At  a  General  Assembly  holden  at  New  Haven  in  his 
Majesties  English  Colony  op  Connecticutt  in  New  Eng- 
land IN  America,  on  Thursday  the  eighth  day  op  Octo- 
ber, anno  eegni  Regis  Georgii  2^^',  Magn^  Britanni.^  &c., 
NONO,  annoque  Dobi,  1735. 

Present : 

The  Honourable  Joseph  Talcott,  Esq--,  Governour. 

The  Honbie  Jonathan  Law,  Esqr,  Deputy  Governour. 
Samuel  Eells,  John  Burr,  ^ 

Eoger  Wolcott,  Samuel  Lynde, 

James  Wadsworth,     Edmund  Lewiss,  .  j.  Assistants. 

Nathaniel  Stanly,        William  Pitkm,   (     ^    ' 
Joseph  Whiting,         Thomas  Pitch, 
Timothy  Pierce, 
Representatives  or  Deputies  that  were  returned  to   attend   at 

this  Assembly  are  as  follow,  (viz:) 
Mr.  John  Marsh,  Mr.  Joseph  Buckingham,  for  Hartford. 
Mr.  Daniel  Coit,  Mr.  William  Whiting,  for  New  London. 
Mr.  Thomas  Dyer,  Mr.  Nathaniel  Wales,  for  Windham. 
Mr.  David  Buel,  Mr.  Daniel  Griswould,  for  Killingsworth. 
Mr.  Roger  Newton,  Mr.  Nathan  Baldwin,  for  Milford. 
Mr.  Joseph  Strong,  Mr.  Peter  Buel,  for  Coventry. 
Mr.  Samuel  Hanford,  Mr.  James  Lockwood,  for  Norwalk. 
Mr.  William  Wadsworth,  Mr.  Thomas  Curtiss,  for  Farming- 
town. 

1 


2  PUBLIC     RECORDS  [Oct. 

Mr.  Luke  Perkins,  Mr.  Dudley  Woodbridge.  for  Groton. 

Mr.  Eichard  Lord,  Mr.  Daniel  Ely,  for  Lyme, 

Mr.  Caleb  Cone,  for  Haddam. 

Mr.  Henry  Crane,  Mr.  Nathan  Camp,  for  Dm^ham. 

Mr.  James  Leavinz,  Mr.  John  Dwight,  for  Killingly. 

Mr.  Isaac  Dickerman,  Mr.  Jonathan  Allyn,  for  New  Haven. 

Mr.  EbenezerSilliman,  Mr.  John  Silliman,  for  Fairfield. 

Mr.  Simon  Lothrop,  Mr.  Hezekiah  Huntington,  for  Norwich. 

Mr.  Ephraim  Curtiss,  Mr.  Joseph  Blackleach,  for  Stratford. 

Mr.  Andrew  Lord,  Mr.  Jedadiah  Chapman,  for  Saybrook. 

Mr.  John  Eussel,  Mr.  Thomas  Harrison,  for  Brandford. 

Mr.  Benjamin  Skinner,  Mr.  Joseph  Phelps,  for  Heljron. 

Mr.  Experience  Porter,  Mr.  Thomas  Huntington,  for  Mansfield. 

Mr.  John  Grigory,  Mr.  James  Bebee,  for  Danbury. 

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

Mr.  Isaac  Spencer,  for  East  Haddam. 

Mr.  Joseph  Addams,  Mr.  Jabez  Pitch,  for  Canterbury. 

Mr.  Stephen  Hopkins,  Mr.  Joseph  Lewiss,  for  Waterbury. 

[225]  Mr.  Jonathan  Hoit,  Mr.  Jonathan  Bates,  for  Stanford. 

Mr.  Samuel  Hill,  Mr.  Pelatiah  Leet,  for  Guilford. 

Col.  David  Goodrich,  Mr.  John  Chester,  for  Weathersfield. 

Mr.  John  Riggs,  Mr.  Sam'  Bassett,  for  Derby. 

Mr.  William  Preston,  Mr.  Noah  Hinman,  for  Woodbury. 

Mr.  Benjamin  Hall,  Mr.  Theophilus  Yale,  for  Wallingford. 

Mr.  Ephraim  Kingsbury,  Mr.  Joseph  Warren,  for  Plainfield. 

Mr.  Thomas  Wells,  for  Glassenbury. 

Mr.  James  Reiguolds,  Mr.  David  Lockwood,  for  Greenwich. 

Major  John  Sabin,  Mr.  Benjamin  Sabin,  for  Pomfrett. 

Mr.  Theophilus  Baldwin,  Mr.  Samuel  Canfield,  for  New  Milford. 

Mr.  Henry  Allyn,  Mr.  Roger  Newberry,  for  Windsor. 

Mr.  George  Phillipse,  Mr.  Jabez  Hamlin,  for  Midletown. 

Mr.  John  Bulkley,  Mr.  Israel  Newton,  for  Colchester. 

Mr.  John  Perry,  Mr.  Philip  Eastman,  for  Ashford. 

Mr.  Ebenezer  West,  Mr.  William  Throop,  for  Lebanon. 

Mr.  Joseph  Gates,  Mr.  John  Brown,  for  Preston. 

Mr.  Theophilus  Baldwin,  Mr.  John  Breed,  for  Stonington. 

Mr.  Roger  Newton,  Speaker  }  of  the  House  of  Representa- 

Mr.  John  Russel,  Clerk  ]  tives. 

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

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


1735.]  OF   CONNECTICUT.  3 

This  Assembly  do  establish  and  confirin  Mr.  Timothy  Stone 
of  Gnilford  to  be  Captain  of  the  1st  company  or  trainband 
in  the  town  of  Guilford,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Rob- 
binson  of  Guilford  to  be  Lieutenant  of  tlui  first  company  or 
trainband  in  the  town  of  Guilford,  and  order  that  he  be  com- 
missioned accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Brew- 
ster to  be  Lieutenant  of  the  fifth  company  or  trainband  in  the 
town  of  Norwicli,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jabez  Hunt- 
ington to  be  Captain  of  the  Troop  of  Horse  in  the  county  of 
Windham,  and  order  that  he  be  commissioned  accordingly. 

[226]  This_  Assembly  do  establish  and  confirm  Mr.  Deliv- 
erance Brown  of  Canterbury  to  be  Lieutenant  of  the  company 
or  trainband  in  the  first  society  in  the  town  of  Canterbury, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  James  Brad- 
ford of  Canterbury  to  be  Ensign  of  the  company  or  trainband 
in  the  first  society  in  the  town  of  Canterbury,  and  order  that 
he  be  commissioned  accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Sher- 
wood to  be  Lieutenant  of  the  company  or  trainband  at  the 
west  parish  in  the  town  of  Fairfield,  and  order  that  he  be  com- 
missioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Benjamin 
Runjsey  to  be  Ensign  of  the  company  or  trainband  at  the  west 
parish  in  the  town  of  Fairfield,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Christopher 
Avery,  2d,  of  Groton,  to  be  Captain  of  the  2d  company  or 
trainband  in  the  town  of  Groton,  and  order  that  he  be  com- 
missioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Mark  Williams 
of  Preston  to  be  Captain  of  the  3d  company  or  trainband  in 


4  PUBLIC      RECOEDS  [Oct. 

the  town  of  Preston,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Ephraim  Her- 
rick  of  Preston  to  be  Ensign  of  the  3d  company  or  trainband 
in  the  town  of  Preston,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jonathan 
Trnmble  to  be  Lieutenant  of  the  Troop  of  Horse  in  the  county 
of  Windham,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  James  Packer 
of  Groton  to  be  Captain  of  the  third  company  or  trainband 
in  the  town  of  Groton,  and  order  that  he  be  commissioned 
accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Arnold 
of  Haddam  to  be  Lieutenant  of  the  first  company  or  train- 
band in  the  town  of  Haddam,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Gideon  Brain- 
erd  to  be  Ensign  of  the  first  company  or  trainband  in  the 
town  ( 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Stephen  Cone 
of  East  Haddam  to  be  Captain  of  the  company  or  trainband 
in  the  town  of  East  Haddam,  and  order  that  he  be  commis- 
sioned accordingly. 

[227]  This  Assembly  do  establish  and  confirm  Mr.  Thomas 
Fuller  of  East  Haddam  to  be  Lieutenant  of  the  company  or 
trainband  in  the  town  of  East  Haddam,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Mead  to 
be  Captain  of  the  west  company  or  trainband  in  the  west 
society  of  the  town  of  Greenwich,  and  order  that  he  be  •com- 
missioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Wilson 
to  be  Lieutenant  of  the  west  company  or  trainband  in  the 
west  society  in  the  town  of  Greenwich,  and  order  that  he  be 
commissioned  accordingly. 

The  gentlemen  nominated  to  stand  for  election  in  May 
next,  sent  in  by  the  freemen  of  this  government  to  this  As- 


1735.]  OF     CONNECTICUT.  6 

sembly,  are,  the  Honourable  Joseph  Talcott,  Esq.,  the  Honijie 
Jonathan  Law,  Esq.,  Samuel  Eels,  Esq.,  Rot>;er  Wolcott,  Esq., 
James  Wadsworth,  Esq.,  Nathaniel  Stanly,  Esq.,  Joseph 
Whiting,  Esq.,  Ozias  Pitkin,  Esq.,  Timothy  Pierce,  Esq.,  John 
Burr,  Esq.,  Samuel  Lynde,  Esq  ,  Edmund  Lewiss,  Esq.,  William 
Pitkin,  Esq.,  Thomas  Fitch,  Esq.,  Capt.  Roger  Newton,  Mr. 
Ebenezer  West,  Capt.  Samuel  Hill,  Capt.  Andrew  Burr,  Mr. 
Richard  Christophers,  Capt.  John  Bulkley. 

An  Act  respecting  the  Appointment  of  Guardians  for 
Minors  of  the  Age  of  Discretion. 

Be  it  enacted  hy  the  Governour,  Council  and  Representatives^ 
iyi  Greneral  Court  assembled,  and  hy  the  authority  of  the  same, 
That  when  and  so  often  as  it  shall  happen  that  there  be  any 
male  person  or  persons  between  the  age  of  fourteen  and 
twenty-one  years,  or  females  between  the  age  of  twelve  and 
eighteen  years,  who  have  neither  father,  guardian  nor  master, 
then  each  and  every  of  the  judges  of  the  respective  courts  of 
probate  in  this  government  within  whose  district  such  minor 
or  minors,  male  or  female,  live,  shall  notify  such  toinor  or 
minors  to  appear  before  him  and  elect  some  meet  person  or  per- 
sons for  his,  [her  or  their  guardian  or  guardians  ;  and  upon 
refusal  or  neglect  thereof,  such  judge  shall  appoint,  and  the 
respective  judges  aforesaid  are  hereby  authorized  and  impow- 
red  to  appoint,  guardian  or  guardians  in  all  such  cases,  taking 
the  usual  bond  by  law  already  provided  upon  the  appointment 
of  guardians ;  and  the  power  and  authority  of  such  guardian  or 
guardians  shall  be  as  good  and  effectual,  to  all  intents  and  pur- 
poses, as  if  elected  by  such  minor  or  minors  and  established 
by  the  court  of  probates ;  any  law,  usage  or  custom  to  the 
contrary  notwithstanding. 

Upon  the  memorial  of  Hannah  Hurlburt,  administratrix  on 
the  estate  of  Stephen  Hurlburt,  late  of  Farmingtown,  de- 
ceas'd,  shewing  to  this  Assembly  that  the  debts  due  from  said 
estate  surmount  the  moveable  part  thereof  the  sum  of  forty- 
seven  pounds,  and  that  it  is  necessary  to  sell  so  much  of  the 
said  deceas'd's  real  estate  as  will  be  sufficient  to  pay  said  for- 
ty-seven pounds  with  the  necessary  charges  arising  thereon, 
and  praying  liberty  to  do  the  same :  Resolved  by  this  Assem- 
bly, that  the  said  administratrix,  together  with  Capt.  Daniel 
Hall  of  Midletown  in  the  county  of  Hartford,  be  appointed, 
and  they  are  hereby  appointed  and  substituted,  to  make  sale 
of  so  much  of  the  real  estate  of  the  said  deceas'd  as  will  be 
sufficient  to  pay  the  said  forty-seven  pounds  with  the  necessary 
charges  arising  thereon,  taking  the  direction  of  the  court  of 
probates  in  the  county  of  Hartford  therein,  and  to  make  and 
execute  deed  or  deeds  accordingly. 


6  PUBLIC      EECORDS  [Oct. 

[228]  upon  the  report  of  Ozias  Pitkin,  Esq"",  Capt.  Thomas 
Welles  and  Mr.  Jonathan  Hills,  shewing  to  this  Assembly  that 
they  have  repaired  to  the  northeast  part  of  Windsor  and 
viewed  the  lands  there  with  those  adjoyning,  and  considered 
the  cirenmstances  of  the  inhabitants  there,  did  judge  it  best 
they  should  be  a  distinct  society  there:  This  Assembly  do 
thereupon  grant  that  the  said  inhabitants  be  one  distinct  soci- 
ety by  themselves,  and  that  they  shall  have  the  same  parish 
powers  and  privileges  as  other  societies  allowed  by  law  in  this 
government  have,  and  that  the  bounds  of  the  said  society 
shall  be  the  following  lines:  To  begin  upon  the  Colony  line 
between  the  town  of  Windsor  and  Endfield,  five  miles  and  a 
half  east  from  Connecticutt  River,  and  from  thence  to  run 
south  nine  degrees  west  until  it  intersects  a  west  line  drawn 
from  Bolton  bounds  half  a  mile  south  of  said  Bolton  north- 
west corner,  and  from  thence  east  to  said  Bolton  bounds, 
then  north  to  said  Bolton  northwest  corner,  then  east  to  Tol- 
land bounds,  then  north  to  said  Tolland  northwest  corner, 
then  east  to  Willamantick  River,  then  north  to  Stafford 
bounds,  then  west  to  the  southwest  corner  of  said  Stafford 
bounds,  and  from  thence  further  west  by  the  said  Colony  line 
to  the  place  first  mentioned ;  and  that  the  said  society  shall  be 
known  by  the  name  of  EUington  Parish. 

Ordered  hy  this  Assembli/,  That  the  post  that  came  express 
from  the  Governour  and  Council  of  the  Province  of  the  Mas- 
sachusetts Bay,  to  bring  letters  to  his  Honour  the  Governour, 
relating  to  the  counterfeiters  of  the  Inlls  of  credit  of  this 
Colony,  shall  be  paid  out  of  the  publick  treasury  the  sum  of 
fourteen  pounds  for  his  service. 

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

This  Assembly  observing  that  the-  act  passed  by  this  As- 
sembly in  May,  1734,  in  relation  to  schooling  the  Indian  chil- 
dren at  Farmingtown,  is  expired:  Therefore  this  Assembly  do 
revive  the  said  act,  and  the  same  is  hereby  revived  and  to  be 
of  force  during  the  months  of  November,  December,  &c.,  un- 
til the  last  of  April  next  coming,  and  no  longer. 

Forasmuch  as  the  town  of  Greenwich  have  not  sent  in  the 
list  of  the  rateable  estate  of  said  town  to  this  Assembly,  well 
vouched  according  to  law:  It  is  resolved  by  this  Assembly, 


1735.]  OF      CONNECTICUT.  7 

that  said  town  shall  be  doomed,  a,nd  they  are  hereby  doomed, 
and  ordered  to  pay  taxes  the  year  ensuing  proportionable  to 
a  list  of  sixteen  thousand  pounds  rateable  estate,  and  to  re- 
ceive their  school  money  accordingly. 

This  Assembly  do  grant  liberty  to  the  inhabitants  of  the 
eastermost  society  in  Windsor  to  imbody  themselves  into 
cliurch  estate,  they  first  having  obtained  the  approbation  of 
their  neighbouring  churches. 

This  Assembly  do  appoint  Mr.  Benjamin  Skinner  of  He- 
bron to  be  a  Justice  of  the  Peace  in  and  for  the  county  of 
Hartford. 

[229]   An  Act  for  Repealing  a  certain  Act  made  and 
passed  by  the  General   Assenibly  of  this  Colony  at 
their  Sessions  in   Hartford  on  the  8th  Day  of  May, 
Anno  Dona.  17S5,  entituled  An  Act  further  providing 
for  the  more  effectual  collecting  the  Duty  of  Impost 
on  Runi  and  for  imposing  a  greater  Duty  thereon. 
Be  it  enacted  hi/  the  Governow\  Council  and  Representatives, 
■in  General   Court  assembled,  and  hy  the  authority  of  the  same, 
That  the  aforesaid  act,  entituled  An  Act  further  providing  for 
the  more  effectual  collecting  tlie  duty  of  impost  on  rum  and 
for  imposing  a  greater  duty  thereon,  and  every  clause  and  par- 
agraph thereof,  be  repealed  and  made  void,  and  the  same  is 
hereby  repealed  and  made  void  accordingly;  and  the  same 
duty  shall  be  paid  to  the  naval  officer  as  was  provided  by  an 
act  of  this  Assembly  made  in  the  eighth  year  of  the  reign  of 
the  late  King  George,  entituled  An  Act  for  the  better  regulat- 
ing the  duty  of  impost  on  rum,  &c. 

On  the  memorial  of  Lydiah  Johnson,  administratrix  on  the' 
estate  of  Ebenezer  Johnson,  late  of  Wallingford,  deceas'd, 
shewing  to  tliis  Assembly  that  the  debts  due  from  said  estate 
is  X55  14.S'.  Id.,  of  which  there  is  no  moveables  in  said  admin- 
istratrix's hands  to  pay,  and  praying  to  this  Assembly  for  liberty 
to  sell  so  much  of  the  real  estate  of  the  said  deceas'd,  under 
tlie  direction  of  the  court  of  probates  in  the  county  of  New 
Haven,  as  to  make  the  said  aforesaid  sum  with  the  contingent 
charges  arising  thereon:  This  Assembly  do,  therefore,  author- 
ize and  fidly  impower  the  said  administratrix  to  sell  so  much 
of,  the  real  estate  of  the  said  deceas'd  as  to  enable  her  to  pay 
the  aforesaid  sum  with  the  necessary  charges  arising  thereon, 
at  the  direction  of  the  court  of  probates  in  the  county  of  New 
Haven. 

Upon  the  memorial  of  John  Dixon  of  Yolluntown,  shewing 
this  Assembly  there  is  about  eighty  acres  of  ungraiited  land 
belonging  to  this  government,  lying  in  the  additional  grant 
made  to  said  Yoluntown  ;  said  land  lyes  west  on  Jolm  Stoyles 


8  PUBLIC      RECORDS  [Oct. 

land,  and  north  on  James  Dorance  his  land,  and  southeast  on 
Robert  Hindman's  land,  and  east  on  Peter  Button's  land  :  and 
the  said  Dixon  praying  this  Assembly  to  grant  him  said  land 
on  such  terms  as  they  think  best :  but  if  said  Assembly  be 
not  satisfy'd  as  to  the  value  of  said  land,  then  the  memorialist 
prays  liberty  to  call  out  the  surveyour  for  the  county  of  Wind- 
ham, at  his  own  cost,  to  prize  and  survey  said  land  as  to  the 
number  of  acres  and  the  value  thereof,  and  make  report  to 
this  Assembly  in  May  next,  in  order  said  memorialist  may 
have  said  land :  This  Assembly  grants  liberty  to  the  memori- 
alist to  call  out  the  county  surveyour  for  the  county  of  Wind- 
ham, to  prize  and  survey  said  land  as  to  the  number  of  acres 
and  as  to  the  value  thereof,  and  make  report  thereof  to  this 
Assembly  in  May  next. 

Upon  the  memorial  of  Samuel  Kingsbury,  living  on  the  mile 
of  land,  so  called,  adjoyning  to  the  additional  grant  to  Vol- 
untown  in  the  county  of  Windham,  shewing  to  this  Assembly 
that  there  is  two  small  strips  of  common  land  lying  in  said 
mile  of  land  and  adjoyning  to  said  memorialist's  land  he  lives 
on,  containing  about  fifty  or  sixty  acres;  and  the  memorialist 
praying  this  Assembly  to  grant  him  said  lands  on  such  terms 
as  they  please,  or  give  the  said  memorialist  liberty  to  call  out 
the  count}^  surveyour  for  said  county,  to  survey  and  prize  said 
land,  on  his  own  cost:  This  Assembly  grants  liberty  to  the 
memorialist  to  call  out  the  county  surveyour  for  said  county 
of  Windham,  to  prize  and  survey  said  land  as  to  the  number 
of  acres  and  the  value  thereof,  at  the  cost  of  the  memorialist, 
and  to  make  report  thereof  to  this  Assembly  in  May  next. 

[230]  Upon  the  memorial  of  Elizabeth  Belding,  adminis- 
tratrix on  the  estate  of  Gideon  Belding,  late  of  Weathersfield, 
deceas'd,  representing  to  this  Assembly  that  the  estate  of  the 
said  deceas'd  is  indebted  121. 18s.  Qd.  more  than  the  moveable 
estate  in  the  hands  of  said  administratrix  amounts  to,  and 
praying  that  this  Assembly  would  appoint  her,  or  some  other 
person,  to  sell  so  much  of  the  lands  belonging  to  the  estate  of 
the  said  deceas'd  as  shall  be  sufficient  to  pay  the  sum  afore- 
said :  This  Assembly  do  thereupon  appoint  and  impower  Sam- 
uel Belding,  of  said  Weathersfield,  to  sell,  by  the  direction  of 
the  court  of  probate  in  the  county  of  Hartford,  so  much  of 
the  land  belonging  to  the  aforesaid  estate  of  the  said  Gideon 
Belding,  deceas'd,  as  shall  be  sufficient  for  the  paying  of  the 
aforesaid  sum  of  221.  18s.  Gc?,,  and  necessary  charges  arising 
thereupon. 

This  Assembly  do  appoint  Capt.  John  Marsh  and  Mr.  James 
Church  a  committee  to  repair  the  State  House  at  Hartford, 


1785.]  OP      CONNECTICUT.  '  9 

and  also  to  procure  shutts  to  be  made  to  the  lower  windows  of 
said  house,  to  prevent  the  great  damage  sustained  by  break- 
ing the  glass ;  and  that  the  cost  be  paid,  two-thirds  out  of  the 
Colony  treasury,  the  other  third  part  out  of  Hartford  county 
treasury. 

Upon  the  memorial  of  Ebenezer  Rowley  of  East  Haddam, 
shewhig  to  this  Assembly  that  he  executed  a  deed  of  mortgage 
in  due  form  of  law,  to  the  Governour  and  Company  of  his 
Majesty's  English  Colony  of  Connecticutt,  of  forty  acres  of 
land  lying  in  said  East  Haddam,  for  the  consideration  of  fifty 
pounds  in  bills  of  credit  on  said  Colony  paid  by  said  Govern- 
our and  Company,  as  by  the  said  deed,  dated  August  7th, 
A.  D.  1733,  doth  appear:  yet  nevertheless,  it  appearing  to 
this  Assembly  that  the  memorialist,  for  the  land  thus  made 
over,  has  not  received  any  part  of  the  said  fifty  pounds;  and 
praying  to  this  Assembly  that  a  committee  miglit  be  enabled 
to  give  to  him  a  lawful  conveyance  of  said  land,  or  some  other 
way  whereby  he  and  his  family  may  not  be  exposed  to  loss 
and  damage:  This  Assembly  do  thereupon  grant  that  the 
Governour  and  Secretary  of  this  Colony,  for  the  time  being, 
shall  execute  a  deed  of  release,  under  the  seal  of  the  Colony, 
of  the  said  mortgaged  land,  unto  the  memorialist,  agreeable 
to  the  act  of  this  Assembly  impowering  tlie  Governour  and 
Secretary  to  execute  deeds  of  release  to  those  mortgagers  who 
have  taken  money  out  upon  loan  and  paying  the  same  into 
the  treasury  again  with  the  lawful  use  thereof. 

Upon  the  memorial  of  William  Judd  of  Woodbury,  shewing 
to  this  Assembly  the  great  difficulties  he  labours  under  by  the 
loss  of  the  sight  of  one  of  his  eyes,  and  that  he  is  [inj  danger 
of  losing  the  sight  of  his  other  eye,  and  praying  that  for  the 
future  he  may  be  exempted  from  taxes  on  his  poll:  This  As- 
sembly grants  to  said  William  Judd  a  freedom  from  all  taxes 
on  his  poll  for  the  future,  and  he  is  hereby  exempted  from  the 
same  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Benjamin  Holt 
of  Wallingford  to  be  Lieutenant  of  the  west  company  or  train- 
band in  the  town  of  Wallingford,  and  order  that  he  be  com- 
missioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Eliasaph  Mer- 
riman  of  Wallingford  to  be  Ensign  of  the  west  company  or 
trainband  in  the  town  of  Wallingford  aforesaid,  and  order  that 
he  be  commissioned  accordingly. 

[281]   Upon  the  memorial  of  Sarah  Barlow,  widow  and 
relict  of  Samuel  Barlow,  late  of  Fairfield,  deceas'd,  and  ad- 
2 


10  PUBLIC      RECORDS  [Oct. 

ministratrix  on  his,  said  Barlow's,  estate,  shewing  to  this  As- 
sembly that  the  debts  due  from  the  said  estate  surmount  the 
personal  estate  to  the  sum  of  48/.  10s.  lid.,  praying  this  As- 
sembly to  impower  such  person  or  persons  as  they  shall  think 
proper,  to  mak'e  sale  of  so  much  of  the  real  estate  of  the  de- 
ceas'd  as  shall  satisfy  the  surmounting  debts  aforesaid :  Re- 
solved by  this  Assembly,  that  the  memorialist,  with  the  assist- 
ance of  Capt.  David  Sherman,  taking  the  advice  of  the  court 
of  probate  in  the  district  of  Fairfield,  shall  have  liberty  and 
are  hereby  impowred  to  sell  so  much  of  the  real  estate  of  the 
said  deceas'd  as  shall  be  sufficient  to  answer  the  sum  of  48Z. 
10s.  lid.  money,  and  the  necessary  charges  arising  thereon. 

Upon  the  memorial  of  Charles  Spencer,  of  Hartford,  in  the 
county  of  Hartford,  praying  for  the  reversal  of  a  judgment  of 
the  superiour  court  held  at  Hartford  the  last  Tuesday  of  March 
last,  rendered  in  an  action  wlierein  the  said  Charles  Spen- 
cer was  plaintiff  against  John  Prentiss,  of  New  London,  in  the 
county  of  New  London,  defendant,  &c.,  and  that  he  may  have 
another  tryal  of  the  said  case  at  the  superiour  court  to  be  held 
at  Hartford  in  March  next,  and  that  the  whole  cost  follow  the 
judgment  that  may  be  given  at  the  said  tryal :  Resolved  by 
this  Assembly,  tliat  the  said  judgment  of  said  superiour  court 
be  set  aside,  and  that  the  petitioner  shall  have  another  tryal 
of  his  said  case  at  the  superiour  court  to  be  holden  at  Hart- 
ford in  March  next,  and  that  the  whole  of  the  cost  from  the 
beginning  of  said  suit,  as  also  the  costs  on  the  said  petition 
at  this  Assembly,  shall  follow  the  judgment  that  may  be  given 
at  the  said  tryal. 

Upon  the  petition  of  the  proprietors  of  the  common  and 
undivided  lands  of  Fairfield  against  John  Lockwood,  com- 
plaining that  the  clerk  of  the  superiour  court  had  sent  out  exe- 
cution against  the  proprietors  aforesaid,  in  favour  of  said 
Lockwood,  about  twenty  years  after  judgment  was  given,  and 
after  the  same  was  satisfyed  by  the  agreement  of  the  parties, 
praying  that  the  doings  of  the  officer  that  had  levyed  said  ex- 
ecution should  be  made  void  :  Resolved  by  this  Assembly, 
that  all  the  doings  of  the  officer  in  levying  said  execution 
shall  be  void,  and  the  same  is  hereby  declared  null  and  void, 
and  the  said  Lockwood  is  hereby  allowed  the  liberty  to  take 
out  a  writ  of  scire  facias  from  the  said  clerk,  returnable  to 
the  next  superiour  court  in  Fairfield  county,  against  the  said 
proprietors,  to  shew  reason  why  the  said  Lockwood  shall  not 
have  an  alias  execution  upon  the  said  judgment ;  and  if  the 
said  superiour  court  do  allow  the  same,  they  shall  direct  such 
execution  to  some  suitable  person  not  inhabiting  in  said  Fair- 
field, who  shall  be  put  under  a  proper  oath  to  serve  the  same. 


1736.]  OP       CONNECTICUT.  11 

Upon  the  petition  of  Nathan  Gillett  against  Timothy  Hors- 
ford,  shewing  to  this  Assembly  that  in  the  connty  court  hekl 
in  Hartford  in  April  last,  the  said  Timothy  Horsford  recovered 
a  judgment  against  him  for  fifty  pounds  and  cost,  upon  a  note 
of  the  hand  given  by  the  said  Gillett  to  the  said  Horsford, 
praying  for  relief  in  equity  therein,  for  that  the  said  note  was 
given  in  exchange  for  another  notu  of  fifty  pounds  given  by 
said  Horsford  to  said  Gillett,  which  appears  by  the  evidence, 
and  free  confession  of  both  parties,  to  be  given  only  to  oblige 
them  to  abide  the  judgment  of  arbitrators  in  a  controversy 
respecting  land,  whicii  they  had  agreed  to  refer  to  them  ;  and 
it  also  appearing  to  this  Assembly  the  said  controversy  is  not 
issued  by  said  arbitrators,  and  the  said  note  was  wrong- 
fully obtained  and  sued  by  the  said  Horsford  :  Resolved  by  this 
Assembly,  that  the  said  judgment  be  set  aside  and  reversed, 
and  that  the  said  Horsford  be  debarred  from  bringing  any 
other  suit  or  having  other  recovery  on  said  note. 

[232]  This  Assembly  do  order  and  direct  the  Treasurer  of 
this  Colony,  Mr.  John  Whiting,  to  attend  the  General  Assem- 
bly on  Thursday  the  23d  instant,  and  bring  with  him  a  suffi- 
ciency- of  the  bills  of  credit  on  this  Colony  in  his  hands  to 
defray  the  charges  of  this  Assembly. 

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Ailing 
of  New  Haven  to  be  Captain  of  the  sixth  company  or  train- 
band in  the  town  of  New  Haven,  and  order  that  he  be  com- 
missioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Ebenezer 
Beecher  of  New  Haven  to  be  Lieutenant  of  the  6th  company 
or  trainband  in  the  town  of  New  Haven,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jeremiah  Os- 
borne of  New  Haven  to  be  Ensign  of  the  sixth  company  or 
trainband  in  the  town  of  New  Haven,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas 
Knowles  of  Woodbury  to  be  Captain  of  the  north  company 
or  trainband  in  tlie  town  of  Woodbury,  and  order  that  he  be 
commissioned  accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Wil- 
liams of  Saybrook  to  be  Captain  of  the  company  or  trainband 


12  PUBLIC      RECORDS  [Oct. 

in  the  north  society  in  the  town  of  Saybrook,  and  order  that 
he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Martin  Kellogg 
of  Weathersfield  to  be  Captain  of  the  4th  company  or  train- 
band in  the  town  of  Weathersfield,  and  order  tliat  he  be  com- 
missioned accordingly. 

Upon  the  memorial  of  the  inhabitants  of  the  town  of  He- 
bron, by  their  agent  Mr.  Benjamin  Skinner,  praying  to  this 
Assembly  to  appoint  some  suitable  gentlemen  a  committee  to 
repair  to  said  Hebron  and  view  the  circumstances  thereof, 
and  fix  and  ascertain  the  place  for  the  building  a  meeting- 
house upon  :  This  Assembly  do  thereupon  grant  that  Mr. 
Ebenezer  West,  Mr.  Richard  Abbe  and  Capt.  Eleazer  Carey, 
be  a  committee  to  repair  to  Hebron  and  view  the  circum- 
stances thereof,  and  fix  and  ascertain  a  place  for  their  erect- 
ing and  building  a  meeting  house  upon,  and  make  report  of 
their  doings  thereon  to  the  General  Assembly  to  be  holden  at 
Hartford  in  May  next. 

Upon  the  report  of  Messrs.  Samuel  Mather,  John  Marsh  and 
Henry  Allyn,  a  committee  appointed  by  the  General  Assembly 
in  their  session  at  Hartford  in  May,  1735,  to  repair  to  the  town 
of  Symsbury  and  hear  the  several  parties  there  in  reference  to 
their  being  made  into  distinct  ecclesiastical  societies,  &c.,  and 
to  divide  said  town  into  distinct  societies,  and  to  describe  and 
set  forth  the  bounds  of  such  division,  and  to  report  their  do- 
ings to  this  Assembly :  This  Assembly  orders,  that  the  said 
town  of  Symsbury  shall  be  divided  into  two  distinct  ecclesi- 
astical societies,  with  powers  and  privileges  of  societies,  and 
[233]  the  dividing  line  between  said  societies  shall  ||  be  as 
followeth,  (viz:^  To  begin  at  Horskins's  Hill  or  the  dug  way 
(as  it  is  called)  on  the  west  side  of  the  river,  and  from  thence 
to  run  a  west  northwest  point  to  Symsbury  west  bounds,  and 
from  said  dug  way  to  run  northerly,  easterly  and  southerly,  as 
the  river  runs,  to  Windsor  bounds  ;  including  in  the  south  so- 
ciety all  on  the  south  and  southward  of  said  line,  and  on  the 
east  side  of  the  river  to  the  south  bounds  of  said  town ;  and 
all  north  of  said  line  and  north  of  the  river  to  the  north 
bounds  of  said  town  to  belong  to  the  north  society. 

Upon  the  report  of  Messrs.  Ebenezer  West,  Samuel  Hill 
and  John  Bulkley,  a  committee  appointed  by  this  Assembly 
in  their  sessions  at  Hartford  in  May  last,  to  view  the  circum- 
stances of  the  first  society  in  Lyme  and  declare  to  this  As- 
sembly at  this  time  in  what  place  in  said  society  they  think 
the  inhabitants  thereof  may  with  most  conveniency  erect  a 
new  meeting  house  ;  which  said    committee  having  done,  as 


1735.] 


OP       CONNECTICUT. 


13 


follows,  {viz :')  that  the  place  where  the  old  meeting  house 
now  stands  in  said  society  is  most  suitable  for  that  purpose : 
It  is  ordered  and  enacted  by  this  Assembly,  that  the  new 
meeting  house  in  said  society  be  erected  on  the  place  where 
the  old  meeting  house  now  stands,  or  as  near  thereto  as  the 
same  may  be  with  conveniency  erected. 

A  List  of  the  Rateable  Estate  of  the  following  Towns 
n  this  Government,  sent  in  to  this  Assenibly,  {viz:) 


/. 

s. 

d. 

I.            s.    d. 

Hartford, 

31270 

17 

1 

New  Haven, 

40001     8  4 

New  London, 

22000 

0 

0 

Fairfield, 

38288     8  7 

Windham, 

168-iO 

10 

0 

Norwich, 

34197  11  7 

Brandford, 

17326 

14 

3 

Lyme, 

16969  14  2 

Stratford, 

26978 

16 

5 

Glassenbury, 

8099  18  0 

Waterbury, 

8092 

0 

0 

Farming-town, 

23073  13  0 

Danbury, 

10082 

1 

0 

Wallingford, 

27903  13  0 

Stoningtown, 

21886 

5 

0 

Weathersfield 

,  22365  19  3 

Ashford, 

5796 

6 

0 

Sayl)rook, 

14647     5  0 

Coventry, 

8292 

19 

9 

Derby, 

7400     6  6 

Hebron, 

8983 

4 

0 

Mansfield, 

7689  18  0 

Woodbury, 

12043 

12 

0 

Plainfield, 

8379  11  0 

New  Milford, 

5907 

11 

6 

Killingsworth. 

,    9470  12  3 

8ymsbury, 

10696 

11 

6 

Durham, 

8755     9  6 

Lebanon, 

■  23855 

6 

5 

Milford, 

24519     1  Oi 

Norwalk, 

23346 

16 

4 

Guilford, 

24134  17  2 

East  Haddam, 

11606 

5 

6 

Killingly, 

13611     6  0 

Colchester, 

14947 

8 

0 

Canterbury, 

9175  10  8 

Stanford, 

21058 

9 

0 

Midletown, 

27030     2  0. 

Groton, 

16585 

17 

10 

Pomfrett, 

9660     6  6 

Haddam, 

7188 

6 

4 

Windsor, 
Preston, 

25916     0  0 
13220     3  0  • 

Upon  the  memorial  of  George  Richards,  administrator  on 
the  estate  of  Samuel  Harriss,  late  of  New  London,  deceas'd, 
praying  this  Assembly  to  grant  him  power  to  sell  so  much 
of  lands  of  the  deceas'd  as  shall  be  necessary  to  make  pay- 
ment of  his  debts,  &c. :  Resolved  by  this  Assembly,  that  the 
said  George  Richards  shall  have  full  power,  by  and  with  the 
advice  of  the  judge  of  the  probate  for  the  district  of  New 
London,  to  sell  so  much  land  of  the  deceased  as  shall  amount 
to  626/.  8s.  lid.  to  answer  said  debts,  &c.,  with  the  necessary 
charges  thereon. 

[234]  This  Assembly  do  establish  and  confirm  Mr.  John 
Fowler  of  Milford  to  be  Lieutenant  of  the  first  company  or 
trainband  in  the  town  of  Milford,  and  order  that  he  be  com- 
missioned accordingly. 

Upon  the  memorial  of  Joseph  Woodbridge,  of  Newington 


14  PUBLIC      RECORDS  [Oct. 

in  the  county  of  Hartford,  administrator  on  the  estate  of  the 
Reverend  Mr.  John  Woodhridge,  late  of  Springfield,  deceas'd, 
shewing  to  this  Assembly  that  tlie  debts  due  from  the  said  de- 
ceas'd, allowed  by  the  court  of  probate,  amount  to  the  sum  of 
<£501  16s.  9d.,  and  that  the  whole  of  the  personal  estate  of 
said  deceas'd  amounts  to  the  sum  of  X125  4s.  8c?.,  so  that  there 
remains  the  sum  of  <£H76  lis.  Id.,  for  the  payment  whereof 
the  said  administrator  hath  nothing  in  his  hands,  and  praying 
this  Assembly  to  impower  him  to  sell  so  much  of  the  lands 
of  said  deceas'd  as  may  be  sufficient  for  the  payment  of  said 
sum  with  the  charges  arising  on  said  sale  :  This  Assembly 
grants  the  prayer  of  said  memorialist,  and  do  thereupon  ap- 
point and  impower  the  said  administrator,  by  and  with  the 
advice  and  direction  of  the  court  of  probate  of  the  county 
aforesaid,  to  make  sale  of  so  much  of  the  lands  of  the  said 
deceas'd  as  shall  be  sufficient  for  the  paying  and  discharging 
the  aforesaid  sum  of  <£376  lis.  Id.,  together  with  the  neces- 
sary charges  that  may  arise  upon  such  sale. 

Upon  the  petition  of  Matthias  Hitchcock  of  Wallingford, 
shewing  to  this  Assembly  that  one  Mathew  Bellamy  of  said 
Wallingford,  in  said  county  of  New  Haven,  brought  his  action 
against  him,  said  Hitchcock,  for  the  recovery  of  about  two 
acres  of  land  in  said  Wallingford,  &c.,  as  per  his  writ  dated 
the  oOth  of  March,  1730,  which  action  finally  ended  at  the 
superiour  court  at  said  New  Haven  in  March,  1731,  in  favour 
of  said  Bellamy  ;  shewing  also  tliat  he  very  much  missed  his 
plea  ;  praying  that  the  saidlinal  judgment  might  be  reversed, 
and  he  be  allowed  one  tryal  more  of  said  case  at  the  su- 
periour court  at  New  Haven  in  March  next :  Resolved  by  this 
Assembly,  that  the  said  final  judgment  shall  be  reversed,  and 
the  same  is  hereby  reversed  and  made  void,  and  the  petitioner 
is  hereby  granted  full  liberty  to  have  one  tryal  more  of  said 
case  as  prayed  for,  at  the  superiour  court  at  New  Haven  in 
March  next,  and  the  future  cost  to  follow  said  tryal. 
An  Act  for  Reviving  and  further  Continuing  an  Act 
made  in  October,  in  the  eighth  Yeai-^  of  liis  Majesty's 
Reign,  in  Addition  to  the  Law  entituled  An  Act  for 
Preventing  and  Punishing  any  Person  or  Society 
who  sliall  strike  or  eniit  any  Bills  of  Credit,  &e. 
Be  it  enacted  hy  the  Crovernour,  Council  and  Rej^reaentatives, 
in  G-eneral  Court  assembled,  and  hy  the  authority  of  the  same. 
That  the  aforesaid  act  relating  to  said  bills,  &c.,  shall  be  re- 
vived and  further  continued,  and  the  same  is  hereby  revived 
and  made  of  full  force  for  the  future. 

Upon  tlie  petition  of  James  Packer,  of  Groton  in  the  county 
of  New  London,  vs.  the  proprietors  of  the  common  land  in  said 


1735.]  OF      CONNECTICUT.  15 

Groton,  complaining  of  the  doings  of  Timothy  Pierce,  Esq"", 
Mr.  Ebenezcr  West  and  Mr.  Jabcz  Huntington,  a  committee 
[235]  appointed  in  May  last  upon  ||  the  memorial  of  the 
present  petitioner,  by  the  consent  of  the  agent  of  said  pro- 
prietors, to  settle  and  ascertain  the  bounds  between  a  grant 
of  150  acres  of  land  on  Mistick  Hill,  made  to  Mr.  John  Packer, 
and  tlie  lands  of  said  proprietors;  and  praying  the  said  doings 
of  said  committee,  appearing  in  their  report  executed  under 
their  hands  and  seals,  dated  the  seventh  day  of  August,  1735, 
may  be  set  aside,  inasmuch  as  the  said  committee  did  noii 
pursue  the  directions  of  the  act  appointing  them :  Resolved 
by  this  Assembly,  that  the  doings  of  the  said  committee  and 
the  report  aforesaid,  executed  as  aforesaid,  be  set  aside,  and 
the  same  is  hereby  reversed,  set  aside  and  made  null  and  void 
and  of  none  effect,  and  that  the  dispute  between  the  parties 
be  referred  to  be  determined  by  the  rules  of  the  law  ;  anything 
in  said  report  notwithstanding. 

The  committee  appointed  by  this  Assembly,  upon  the  me- 
morial of  the  trustees,  to  view  the  state  of  Yale  College,  hav- 
ing reported  that  it  will  be  best  that  the  roof,  with  some  part 
of  the  backside  and  ends,  also  the  kitchen,  the  doors  and  back 
windows,  be  all  mended,  the  foreside  new  coloured,  and  the 
fences  erected  :  This  Assembly  do  appoint  Capt.  Isaac  Dicker- 
man  and  Mr.  John  Ponderson  a  committee  to  oversee  said 
work,  who  are  hereby  ordered  to  draw  fifty  pounds  out  of  the 
treasury  of  the  Colony  for  said  service,  and  to  lay  their  ac- 
counts before  this  Assembly  in  May  next. 

It  is  ordered  and  enacted  hy  this  Assembly,  That  the  brand 
for  horses  and  other  creatures  in  the  town  of  East  Haddam 
shall  be  the  following  figure,  (viz.')  Q. 

Upon  the  prayer  of  the  north  society  in  Killingsworth  in 
the  county  of  New  London  :  This  Assembly  do  appoint  James 
Wadsworth  and  Samuel  Lynde,  Esq's,  and  Capt.  Sam'  Hill, 
to  be  a  committee  to  repair  to  said  society,  view  the  same, 
and  upon  hearing  the  inhabitants  there  the  said  committee 
shall  pitch  upon  the  place  for  the  setting  up  a  meeting  house 
for  said  society,  and  return  their  doings  to  this  Assembly  in 
May  next. 

Upon  the  Petition  of  Thomas  Hall  and  Thomas  Hall  Junf, 
both  of  Wallingford  in  the  county  of  New  Haven,  vs.  David 
Strickland,  of  Midletown  in  the  county  of  Hartford,  shewing 
that  said  Strickland  recovered  a  judgment  at  the  county  court 
held  at  Hartford  in  and  for  said  county  in  November,  1734, 
for  the  sum  of  twenty-four  pounds  damages  and  three  pounds 
nineteen  shillings  and  one  penny  cost,  &c.,  against  the  peti- 


16  PUBLIC      EECORDS  [Oct. 

tioner ;  and  therein  representing  that  their  attorney  failed  of 
getting  an  appeal  from  said  judgment  to  the  superiour  court 
held  at  Hartford  in  and  for  said  county  in  March  next  after 
said  November  ;  and  praying  for  liberty  of  an  appeal  to  the 
superiour  court  to  be  held  at  Hartford  in  and  for  said  county 
in  Marcli  next,  and  that  the  whole  cost  may  follow  the  final 
judgment:  Resolved  by  this  Assembly,  that  the  petitioners 
shall  have  liberty  of  an  appeal  as  prayed  for,  and  thereby 
granted  an  appeal  from  said  judgment,  to  the  superiour  court 
to  be  held  at  Hartford  as  aforesaid  in  March  next,  and  to 
bring  forward  their  suit  at  said  superiour  court  as  if  an  appeal 
had  been  pending  in  said  suit  from  said  county  court,  upon 
the  petitioners  giving  bond  of  prosecution  as  the  law  directs  ; 
and  also  the  execution  thereon  shall  be  stayed,  and  money 
thereon  already  paid  in  part  of  satisfaction  of  said  execution 
shall  be  repaid  to  the  petitioners  by  said  Strickland,  before 
said  Strickland  shall  prosecute  his  said  suit ;  and  the  whole 
costs  shall  follow  the  final  judgment  in  said  cause. 

[236]  Upon  the  memorial  of  the  proprietors  of  Union  : 
It  is  resolved,  that  the  tax  granted  on  the  lands  in  Union  by 
this  Assembly  in  October  last,  of  three  pence  per  acre  for  the 
space  of  four  years  then  next  coming,  shall  be  paid,  the  first 
tax  as  it  was  set  as  aforesaid,  and  but  two  pence  on  the  acre 
per  year  for  the  other  three  years  in  which  said  lands  are 
taxed  as  aforesaid. 

This  Assembly  do  establish  and  confirm  Mr.  Nathan 
Baldwin  to  be  Captain  of  the  westermost  company  or  train- 
band in  the  town  of  Milford,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jeremiah  Peck 
of  Milford  to  be  Ensign  of  the  westermost  company  or  train- 
band in  the  town  of  Milford,  and  order  that  he  be  commis- 
sioned accordingly. 

An  Act  directing  the  rendering  Judgment  on  Bonds 

conditioned  for  securing  Damages  which 

inay  happen  at  several  Times. 

Be  it  enacted  by  the  G-overnou7\  Council  and  Mepresentatives , 
in  Creneral  Court  assembled,  and  by  the  authority  of  the  same, 
That  it  shall  be  lawful  for  the  obligee  to  bring  his  action  on 
the  first  breach  of  the  condition  mentioned  in  any  bond  given 
for  the  purposes  mentioned  in  the  title  of  this  act,  and  upon  the 
forfeiture  of  the  bond,  found  on  demurrer,  tryal  or  confession, 
on  any  motion  made  for  the  chancery  of  the  bond,  the  court  shall 
proceed  to  consider  what  is  due  in  equity  on  the  bond  at  that 
time,  and  enter  up  judgment  for  the  same  with  costs,  and  award 


1735.]  OF      CONNECTICUT.  17 

execution  thereon ;  and  upon  any  further  breach  or  neglect 
of  performance  of  any  otlier  condition  annexed  or  endorsed 
on  said  bond,  the  obligee,  or  his  executors  or  administrators, 
may  take  out  a  scire  facias  against  the  obligor,  his  heirs,  ex- 
ecutors or  administrators,  from  the  clerk  of  the  court  where 
the  action  was  first  bro't,  to  shew  cause  wliy  execution 
should  not  be  awarded  for  the  money  then  due  or  for  the 
damages  then  sustained,  and  the  court  siiall  proceed  to  make 
up  judgment  for  that  which  shall  by  them  be  found  due,  with 
additional  costs ;  and  so  from  time  to  time  till  all  the  condi- 
tions mentioned  in  or  annexed  to  the  said  bond  are  performed 
and  compleated  ;  any  law,  usage  or  custom  to  the  contrary 
notwithstanding. 

An  Act  ordering  that  there-shall  be  the  Sum  of  twen- 
ty-five thousand  Pounds  in  Bills  of  Credit  stamped 
to  be  Exchange  for  Some  of  the  Bills  of  tliis  Colony 
that  are  counterfeited. 

Tbis  Assembly  are  now  informed  that  the  five  pound  bills, 
the  forty  shilling  bills,  the  ten  shilling  bills,  and  the  two 
shilling  bills  of  credit,  emitted  by  this  Colony,  are  counter- 
feited, whereby  the  credit  of  said  bills  is  in  danger  to  be  lost 
and  many  innocent  people  wronged  :  Which  to  prevent, 

Be  it  enacted  hy  the  Grovernour^  Council  and  Representatives^ 
in  General  Court  assembled,  and  hy  the  authority  of  the  same, 
That  there  shall  be  forthwith  stamped  on  the  new  plates  of 
tbis  Colony,  (which  plates  shall  have  added  in  some  proper 
place  [1735.],)  the  sum  of  twenty-five  thousand  pounds; 
which  bills  shall  be  signed  by  the  committee  that  signed  the 
last  bills  of  credit  emitted  on  this  Colony  ;  which  bills,  when 
signed,  tbe  said  committee  shall  deliver  to  the  Colony  Treas- 
urer, taking  his  receipt  for  the  same,  who  shall  exchange  said 
[237]  bills  II  for  the  five  pound  bills  of  this  Colony  stamped 
on  the  old  plate,  the  forty  shilling  bills  stamped  on  the 
old  plate  and  have  not  the  form  of  a  wheel  stamped  on  them 
just  below  the  body  of  the  bill  on  the  right  hand,  the  ten 
shilling  bills  stamped  on  the  old  plate,  and  also  for  the  two 
shilling  bills  emitted  by  this  Colony  and  stamped  on  the  old 
plate  and  hath  not  the  star  stamped  on  them  below  the  body 
of  the  bill  as  aforesaid.  And  the  said  committee  are  hereby 
directed  to  cause  the  said  new  plates,  or  such  of  them  as  need, 
to  be  ingraved  deeper  and  fairer,  and  also  to  procure  paper 
for  said  bills  and  get  them  stamped  as  reasonably  as  may  be, 
upon  the  charge  of  the  Colony ;  said  committee  to  be  under 
oath  for  their  faithful  discharge  of  the  trust  reposed  in  them. 

John  Richards,  Esq"",  of  New  London,  and  Margaret  Doug- 
lass and  William  Douglass,  executors  of  the  last  will  and 
3 


18  PUBLIC      EECORDS  [Oct. 

testament  of  Richard  Douglass,  late  of  New  London,  deceas'd, 
filed  a  bill  in  this  Court,  complaining  that  the  Hon^ie  John 
Winthrop,  Esq"",  late  of  New  London,  deceas'd,  at  his  death 
had  sundry  valuable  goods  belonging  to  the  inhabitants  of 
New  London  in  his  possession,  and  that  the  said  inhabitants 
brought  their  action  against  the  executors  to  the  last  will  of 
the  said  deceas'd,  for  the  recovery  of  said  goods,  and  that 
thereupon  the  Honourable  Wait  Winthrop,  Esq^,  of  Boston, 
now  since  deceas'd,  came  to  New  London  and  there  did  com- 
pound said  difference  with  Robert  Lattimore,  James  Rogers  and 
Joshua  Hempstead,  agents  for  said  inhabitants  ;  and  to  effect 
the  same  the  said  Wait  Winthrop,  Esqi",  did  then,  that  is  to 
say,  on  the  13th  day  of  July,  1709,  in  consideration  of  said 
goods,  give  a  bond  to  the  said  Robert  Lattimore,  James  Rog- 
ers -and  Joshua  Hempstead,  duly  executed  under  his  hand  and 
seal,  for  the  payment  of  the  sum  of  six  hundred  pounds  in 
lawful  money,  upon  condition  he  did  not  pay  to  tiie  said  Lat- 
timore, Rogers  and  Hempstead,  the  sum  of  seven  hundred  and 
fifty  ounces,  troy,  of  silver  money,  together  with  forty-five 
ounces,  troy,  of  like  silver  money,  interest,  at  or  before  the 
13tli  day  of  July  then  next  coming ;  upon  which  the  said 
agents  discharged  the  action. 

That  afterwards,  the  inhabitants 'of  New  London  considering 
the  said  bond  was  made  to  the  said  Lattimore,  Rogers  and 
Hempstead,  personally,  and  yet  the  moneys  therein  contracted 
to  be  paid  was  really  their  estate,  by  their  agents,  Jonathan 
Prentiss  and  William  Douglass,  both  then  of  New  London  but 
now  since  deceas'd,  and  Jeremiah  Chapman,  of  New  London, 
in  order  to  secure  said  moneys  to  the  said  inhabitants  did 
stipulate  and  agree  with  the  said  Lattimore,  Rogers  and  Hemp- 
stead, that  they  should  put  the  said  bond  into  the  hands  of  tlie 
said  Prentiss,  Douglass  and  Chapman,  agents  as  aforesaid,  and 
also  execute  a  power  of  attourney  for  the  prosecuting  a  suit  on 
said  bond,  and  accordingly  the  said  Lattimore,  Rogers  and 
Hempstead,  did  then,  that  is  to  say,  on  the  24th  day  of  April, 
1722,  execute  in  due  form  of  law  a  power  of  attourney  to  said 
Prentiss,  Douglass  and  Chapman,  as  they  were  agents  for  said 
town  of  New  London,  and  to  their  successors,  agents  or  at- 
tourneys,  appointed  or  to  be  appointed  by  the  town  of  New 
London,  to  ask,  demand,  and  sue  out,  &c.,  said  bond,  and  also 
then  gave  to  the  said  Prentiss,  Douglass  and  Chapman,  their 
bond  to  the  penal  sum  of  one  thousand  pounds,  that  they  would 
not  revoke  said  power  of  attourney. 

That  sometime  after  this,  the  said  Wait  Winthrop  being 
then  deceas'd,  administration  on  his  estate  was  committed 
to  Thomas  Leechmere,  Esq"",  of  whom  the  inhabitants  of  New 


1735.]  OP      CONNECTICUT.  19 

London  demanded  payment  of  said  bond,  but  he,  not  having 
[288]  personal  estate  in  his  ||  hands  to  pay  said  debts,  ap- 
plyed  himself  to  this  Assembly  for  order  to  sell  the  lands  of 
the  deceased  for  the  payment  of  the  same,  and  obtained  such 
order;  and  in  pursuance  whereof,  and  to  sn  isfy  said  debt,  the 
said  Thomas  Leechmere  in  the  month  ol  Ucto!)er,  1726,  did 
sell  so  much  lands  of  the  deceased  to  the  said  John  Richards 
and  Richard  Douglass  as  amounted  to  the  sum  of  three  hun- 
dred pounds  silver  money  and  ninety  pounds  paper  currency; 
and  in  order  to  make  payment  for  tlie  same,  the  said  Richards 
and  Douglass,  for  a  valuable  consideration,  bought  the  said 
bond  of  the  inhabitants  of  New  London,  and  delivered  the 
same  to  Thomas  Leechmere,  Esq'',  administrator  as  aforesaid, 
in  payment  for  said  lands  ;  and  he,  having  received  it  in  pay- 
ment as  aforesaid,  did  deface  the  hand  and  seal  set  to  said 
bond. 

That  afterwards,  by  his  Majesty's  order,  this  Assembly  is- 
sued out  their  precept  to  the  sheriff  of  the  county  of  New  Lon- 
don, commanding  him  to  put  John  Winthrup,  Esq^,  heir  to 
said  Wait  Winthrop,  Esq^,  deceas'd,  into  the  lands  purchased 
of  Thomas  Leechmere  as  aforesaid,  and  accordingly  the  said 
officer  gave  possession  of  said  lands  to  the  said  John  Win- 
throp, by  which  means  the  said  Richards  and  Douglass  have 
wholly  lost  the  said  lands,  and  the  estate  of  the  said  Wait 
Winthrop,  Esq'",  deceas'd,  takes  advantage  of  the  defacing  said 
bonds  as  of  a  discharge  from  the  same,  without  paying  back 
to  the  said  Richards  and  Douglass  one  penny  for  what  they 
paid  for  said  lands  ;  and  hereupon  the  said  John  Richards  and 
executors  of  the  last  will  and  testament  of  said  Richard  Doug- 
lass, deceased,  move  to  this  Court,  that,  in  equity  and  good 
conscience,  the  estate  of  the  said  AVait  Winthrop  ought  to  pay 
the  sums  contracted  to  be  paid  in  said  bond,  the  defacing  the 
hand  and  seal  set  thereto  as  aforesaid  notwithstanding;  and 
that  they  may  have  due  relief  from  the  extreme  right  of  the 
law  in  the  case  they  pray,  that  the  said  Joshua  Hempstead, 
being  the  only  surviving  obligee  in  said  bond,  may  be  ordered 
by  this  Court  to  grant  a  power  of  attorney  to  the  petitioners 
to  prosecute  an  action  on  said  bond,  or  that  he  should  be  or- 
dered to  give  such  power  of  attorney  to  such  person  or  persons 
as  the  inhabitants  of  New  London  shall  appoint  for  their  agent ; 
and  that  the  defacing  said  bond,  being  done  for  the  reasons 
aforesaid,  should  not  be  allowed  sufficient  to  bar  a  recovery  in 
such  suit,  nor  any  law  of  limitation  for  bringing  suits  on  bonds 
in  this  Colony  be  pleaded  in  bar  of  such  action.  To  this  the 
said  Joshua  Hempstead  replyed,  that  he,  with  Robert  Latti- 
more  and  James  Rogers,  had  already  given  a  letter  of  attor- 


20  PUBLIC      RECORDS  [Oct. 

ney  to  Prentiss,  Douglass  and  Chapman,  as  aforesaid,  and 
bound  himself  in  a  thousand  pound  bond  not  to  revoke  said 
power,  and  was  thereupon  discharged  from  said  bond,  nor 
ought  in  equity  to  be  troubled  any  more  about  it. 

Whereupon  this  Court  proceeded  to  consider  the  case  with 
the  evidence,  and  find  the  matters  of  fact  in  said  bill  to  be 
proved  :  It  is  therefore  the  opinion  of  this  Court,  that  the  said 
John  Richards  and  executors  of  the  last  will  of  Ricliard  Doug- 
lass ought  to  have  relief  in  equity  in  this  case.  And  here- 
upon this  Court  do  order  and  decree,  that  Jeremiah  Chapman 
[239]  of  New  London,  ||  agent  for  the  inhabitants  of  New 
London,  or  any  other  person  or  persons  that  shall  be  appointed 
by  the  inhabitants  of  the  town  of  New  London  for  that  pur- 
pose, are  and  shall  be  accounted  and  accepted  as  lawful  attor- 
ney^ to  the  said  obligees  in  said  bond,  to  prosecute  an  action 
upon  the  same  to  final  judgment  and  execution ;  and  that  the 
law  of  this  Colony  limiting  the  time  for  the  bringing  actions  on 
bonds  shall  not  be  pleaded  in  bar  of  any  action  brought  on 
this  bond ;  and  that  the  said  bond  shall  be  as  good  and  suffi- 
cient evidence  in  said  tryal,  notwithstanding  the  defacing 
aforesaid,  as  if  the  same  had  not  been  defaced,  unless  the  de- 
fendant shall  shew  in  such  tryal  that  the  same  was  defaced  for 
some  other  reason  or  cause  than  what  is  abovementioned ; 
and  that  the  sums  that  shall  be  recovered  on  such  suit  shall 
belong  to  the  petitioners. 

Whereas  it  is  found  by  experience  that  oftentimes  the 
under  military  officers  in  the  troops  and  foot  companies  in 
this  Colony  neglect  and  refuse  to  attend  on  the  duties  of  their 
respective  posts,  and  there  is  as  yet  no  provision  made  in 
the  law  to  impose  any  fine  or  penalty  on  such  delinquent  offi- 
cers : 

Be  it  therefore  enacted  hy  the  Governour^  Council  and  Repre- 
sentatives, in  G-eneral  Court  assembled,  and  by  the  authority  of 
the  same,  That  if  any  lieutenant,  or  ensign,  cornet,  or  quar- 
termaster, shall  neglect  the  trust  reposed  in  them  or  any  of 
them,  shall  forfeit  to  the  use  of  the  company  or  troop  to  which 
they  respectively  belong,  the  fines  hereafter  expressed,  (viz ;) 
a  lieutenant  of  foot  or  troop,  for  one  day's  absence  from  training 
or  appearing,  the  sum  of  fifteen  shillings  money  ;  for  any  en- 
sign, cornet,  or  quarter-master,  for  one  day's  absence  from 
training,  the  sum  of  twelve  shillings  money ;  and  the  distress 
therefor  to  be  granted  by  the  major  of  the  regiment  to  which 
such  company  or  troop  doth  belong,  unless  such  lieutenant, 
cornet,  ensign,  or  quarter-master,  shall  make  such  excuse 
within  twelve  days  as  such  major,  or  the  captain  of  the  com- 


1735.]  OF      CONNECTICUT.  21 

pany  to  which  he  or  they  belong,  sliall  think  is  reasonable 
why  such  distress  should  not  be  granted. 

And  it  is  further  provided  hy  the  authority  aforesaid^  Tliat 
every  sergeant  of  the  foot  or  corporal  of  the  troop  shall,  for 
one  day's  neglect,  pay  a  fine  of  ten  shillings  money,  to  the 
use  of  the  company  to  which  they  do  respectively  belong ;  and 
the  distress  to  be  granted  by  the  captain  and  lieutenant  of 
Such  company,  or  the  two  chief  military  officers  in  such  troop 
or  company  to  which  they  belong,  unless  they  sliall  make  ex- 
cuse within  twelve  days  after  such  neglect,  to  the  satisfaction 
of  such  two  chief  officers. 

Whereas  Joshua  Chappel  of  Lebanon  preferred  a  memorial 
to  this  Assembly,  by  wliich  he  has  informed  us  that  he  ex- 
pected to  have  received  of  the  government  fifty  pounds  in 
money  upon  loan,  and  tliereupon  gave  a  mortgage  deed  to  the 
Governour  and  Company  of  this  Colony  of  certain  lands  in 
Lebanon,  dated,  and  also  gave  bond  to  Windliam  county  com- 
mittee for  the  interest  of  said  money,  and  obtained  an  order 
to  the  Treasurer  of  this  Colony,  to  receive  said  money,  Avhich 
money  he  could  not  obtain  ;  and  desiring  the  Hon'^^e  the  Gov- 
ernour and  Company  would  appoint  some  meet  person  or  per- 
sons with  full  power  to  re-convey  said  land  to  him  again,  and 
that  said  committee  may  be  ordered  to  deliver  said  bonds  to 
[240]  him,  said  Chappell :  ||  Whereupon  it  is  resolved,  that 
his  Honour  the  Governour  and  Secretary  are  hereby  impowred 
to  give  said  Chappell  a  deed  of  release  of  said  land,  and  that 
Timothy  Pierce,  Esq^,  and  John  Crerey,  being  the  committee 
a4)pointed  for  the  loaning  of  said  money  in  the  county  of  Wind- 
ham, are  hereby  directed  to  re-deliver  to  the  said  Chappell 
the  bonds  aforesaid. 

Upon  the  memorial  of  John  Bliss,  Samuel  Curtiss,  John 
Taylor,  Samuel  Rowley,  Joshua  Tillotson,  Richard  Curtiss 
and  John  Thompson,  all  of  Hebron,  praying  for  the  abatement 
of  the  costs  taxed  against  each  of  them  respectively  by  the 
county  court  held  in  Hartford  by  adjournment  in  June  last, 
upon  prosecutions  had  there  against  them  upon  complaint  of 
one  of  the  grand  jurors  of  said  Hebron  :  Resolved  by  this  As- 
sembly, that  the  one-half  of  the  cost  taxed  and  allowed  in  said 
adjourn'd  county  court  against  each  of  the  respective  memo- 
rialists be  abated,  and  the  same  is  hereby  abated,  and  the 
memorialists  are  discharged  from  the  paying  of  the  said  half 
so  abated  ;  any  judgment  given  or  execution  granted  out  for 
the  same  notwithstanding. 

His  Honour  the  Governour  laying  before  this  General  Court 
a  letter  from  the  Hon^it-  the  Lords  of  the  Board  of  Trade, 


22  PUBLIC      EECOEDS  [Oct. 

directed  to  the  Governour  and  Company  of  Connccticutt,  de- 
siring an  account  of  the  laws  in  force  in  this  Colony  on  the 
25th  of  March,  1731,  by  which  any  duties  or  impositions  are 
laid  on  the  trade  and  shipping  of  Great  Britain  ;  as  likewise 
an  account  of  the  duties  and  impositions  now  payable  by  any 
act  or  acts  of  this  Assembly  on  the  importation  and  exporta- 
tion of  negroes,  wines  or  other  kind  of  liquors,  or  anj^  goods, 
wares  or  merchandize  and  shipping,  to  be  prepared,  together 
with  a  list  of  said  laws,  and  transmitted  as  soon  as  possible  : 
On  consideration  whereof,  his  Honour  the  Governour  is  de- 
sired to  signify  to  their  lordships,  that  on  the  25th  of  March, 
1731,  there  were  no  other  laws  in  force  in  this  government  by 
which  any  duty  was  laid  in  any  of  the  cases  above  referred  to, 
excepting  only  a  law  entituled  An  Act  concerning  free  trade, 
by  which  a  duty  of  twelve  shillings  and  sixpence  on  every 
hundred  pounds  of  goods  imported  into  this  Colony  was  laid, 
explained  by  an  act  of  this  Assembly  in  the  fourth  year  of 
King  George  the  first,  to  be  only  on  goods  imported  from  the 
neighbouring  Provinces  ;  as  also  an  act  passed  by  this  Assem- 
bly in  the  9th  year  of  King  George  the  first,  laying  a  duty  of 
four  pence  per  gallon  on  rum  imported  in  vessels  not  belong- 
ing to  any  of  the  inhabitants  of  this  Colony,  and  of  three  pence 
per  gallon  when  imported  in  vessels  belonging  to  the  inhabi- 
tants of  this  Colony  ;  which  acts  are  lying  before  tlieir  lord- 
ships in  the  Law  iBook  of  this  Colony  lately  transmitted  to 
them ;  and  since  the  time  abovementioned,  no  law  has  been 
passed  laying  any  duty  in  any  of  the  cases  mentioned  by  their 
lordships,  by  which  any  duty  is  now  payable. 

Upon  petition  of  Samuel  Eells  of  Milford,  Esq"",  shewing 
to  this  Assembly  that  there  was  in  said  Milford  about  one 
acre  and  an  half  of  land  at  a  place  called  Long  Swamp 
Plains,  bounded  east  and  west  with  highways,  north  with  land 
formerly  Thomas  Wheeler  junr%  and  south  with  land  formerly 
belonging  to  Nathaniel  Baldwin  ;  which  small  lot  of  land  was 
laid  out  to  Pitty  Deal,  on  the  right  of  one  Charles  Deal,  who 
are  both  deceas'd  and  left  no  issue  or  lieir  known  of;  and 
[241]  II  further  shewing  that  he  had  purchased  all  the  estate 
that  did  belong  to  the  said  Charles  and  Pitty  of  one  who  sup- 
posed he  had  good  right  to  sell  the  same,  yet  by  some  it  is 
thought  by  force  of  the  law  the  said  small  lot  might  be  chal- 
lenged as  an  escheat  to  this  Colony ;  praying  that  this  As- 
sembly would  grant  to  him  all  the  Colony  right  to  said  land  : 
Upon  consideration  whereof,  this  Assembly  do  give  and  grant 
unto  the  said  Samuel  Eells,  his  heirs  and  assigns,  all  the  right 
and  interest  of  this  Colony  in  and  unto  the  above  described 
and  bounded  lot  of  land. 


1735.]  OF      CONNECTICUT.  23 

Upon  the  Memorial  of  John  Bellamy,  late  of  Greenwich, 
now  of  or  resident  in  Branford,  shewing  to  this  Asscml)ly  that 
having  been  committed  to  the  goal  in  Fairfield  in  Fairfield 
county,  &c.,  he  was  by  the  sheriff  of  said  connty  suffered  to 
depart  said  goal  on  bond  for  appearance  before  the  superiour 
court  to  be  holden  at  said  Fairfield  in  February  last,  &c.,  and 
that  upon  his  non-appearance  Tliomas  Hill,  Esq!",  sheriff  of 
said  county,  was  sentenced  by  said  superiour  court  to  pay  a 
fine  of  one  hundred  pounds  to  the  Treasurer  of  this  Colony  ; 
and  moving  to  this  Assembly  that,  any  time  between  this  time 
and  the  third  Tuesday  of  November  next,  he  may  be  admitted 
to  enter  into  bonds  with  sureties,  &c.,  and  that  upon  due  cer- 
tificate, <tc.,the  clerk  of  the  superiour  court  may  be  directed 
to  underwrite  the  said  judgment  or  sentence  of  said  superiour 
court  against  the  said  Thomas  Hill,  Esq!",  fully  satisfyed  ;  as 
per  his  memorial  on  file,  dated  October  16th,  1735  :  It  is  re- 
solved by  this  Assembly,  that  the  memorialist  be  admitted,  on 
any  day  before  the  third  Tuesday  of  November  next,  to  give 
bond  with  sufficient  sureties  to  the  Governour  and  Company 
of  this  Colony,  for  the  payment  of  one  hundred  pounds  with 
lawful  interest  on  or  before  the  ]5tb  of  October  next,  and 
Nathaniel  Stanly,  Esqr,  is  hereby  directed  to  take  the  said 
bond  so  to  be  executed,  and  deliver  the  same  to  the  Secre- 
tary, who  is  lilcewise  directed  to  deliver  the  same  to  the  pub- 
lick  Treasurer  of  this  Colony,  taking  his  receipt  therefor. 
And  further,  the  clerk  of  the  superiour  court  is  hereby  directed, 
on  certificate  signed  by  the  Treasurer  that  such  bonds  are 
lodged  in  his  hands,  to  underwrite  the  said  judgment  or  sen- 
tence of  the  superiour  court  fully  satisfyed. 

On  the  petition  of  the  proprietors  of  the  town  of  Hebron 
vs.  Thomas  Fitch,  Esq"",  &c. :  The  question  was  put,  whether 
anything  should  be  granted,  and  resolved  by  this  Assembly  in 
the  negative. 

On  the  petition  of  Isaac  Burr  and  Mary  Burr  vs.  Jonathan 
Ellsworth,  executor,  &c. :  The  question  was  put,  whether 
anything  should  be  granted,  and  resolved  by  this  Assembly  in 
the  negative.  Cost  alloiued  respondent  -U.  4s.  Id.  Ex.  granted 
April  28th,  1736. 

Upon  the  petition  of  Edward  Hutchinson,  Esqr,  and  Mary 
Wolcott  vs.  James  Enno,  &c. :  The  question  was  put,  whether 
the, pleas  offered  in  abatement  of  said  petition  are  sufficient, 
and  resolved  in  the  affirmative.  Oast  alloived  resijondents  6Z. 
10s.  lid. 

Upon  the  petition  of  the  town  of  Weathersfield  vs.  tlie  town 
of  Farmingtown  :    The  question  was    put,  whether  anything 


24  PUBLIC      RECORDS  [Oct. 

should  be  granted,  and  resolved  by  this  Assembly  in  the  neg- 
ative. 

Upon  the  petition  of  Timothy  Woodbridge,  &c.,  vs.  the  ex- 
ecutors of  the  last  will  of  Andrew  Fresneau  deceas'd  :  Tbe 
question  was  put,  whether  the  prayer  thereof  should  be 
granted,  and  resolved  in  the  negative.  Cost  alloived  resipond- 
ents  41.  Is.  Sd. 

Upon  the  memorial  of  Yelvertou  Perry,  shewing  to  tliis 
Assembly  tbat  a  ferry  across  the  river  called  Stratford  River, 
at  a  place  called  Hawkins's  alias  Perry's  Ferry,  is  greatly 
[242]  II  needed,  and  praying  that  the.  privilege  of  keeping 
said  ferry  may  be  granted  to  him :  Granted  in  this  Assembly, 
that  the  memorialist  have  liberty  to  keep  said  ferry,  and  tbat 
the  fare  thereof  be,  for  man,  horse  and  load,  five  pence;  for 
single  man,  two  pence,  and  for  single  horse,  tliree  pence  ;  and 
that  he  have  said  privilege  during  the  pleasure  of  this  As- 
sembly, and  that  it  be  under  the  same  regulations  with  other 
ferries  in  this  government. 

Upon  the  memorial  of  the  reverend  Trustees  of  Yale  Col- 
lege, praying  for  a  further  continuance  of  the  additional  grant 
of  one  hundred  pounds  made  to  said  college  :  Resolved  by 
this  Assembly,  that  there  shall  be  paid  out  of  the  publick 
treasury  of  this  Colony  to  the  treasurer  of  said  college,  for 
the  use  of  the  same,  the  sum  of  one  hundred  pounds  per 
amium  for  tbe  space  of  tliree  years  next  coming,  in  addition 
to  the  standing  allowance  made  to  said  college  ;  the  payment 
of  said  additional  hundred  pounds  to  be  made  as  follows, 
(viz :)  fifty  pounds  in  May,  and  fifty  pounds  in  October,  an- 
nually, for  the  term  of  three  years  as  aforesaid. 

Upon  the  memorial  of  John  Curtiss  and  Daniel  Coit,  two 
of  the  members  of  the  late  New  London  Society,  praying  re- 
lief against  Robert  Allyn  of  Groton,  in  reference  to  the  de- 
cree of  the  court  of  chancery  liolden  at  Hartford  the  third 
Tuesday  of  September  last  past :  This  Assembly  are  informed 
tbat  the  members  of  the  said  late  society  design  speedily  to 
settle  their  whole  affairs,  and  by  a  just  computation  of  loss 
and  gain  to  divide  the  whole  estate  and  credits  they  have,  or 
that  any  of  the  late  factors  or  officers  of  the  said  late  society 
have :  Whereupon  it  is  now  resolved,  that  execution  of  said 
decree  be  suspended  until  this  Assembly  in  May  next. 

This  Assembly  grants  to  Mr.  Green,  the  printer,  the  sum 
of  twenty  five  pounds  for  his  half  years  salary. 

Upon  tbe  memorial  of  Charles  Dewey,  of  Hebron  as  the 
line  runs  formerly  stated,  and,  as  the  same  line  by  the  late 


1735.]  OF      CONNECTICUT.  25 

committee  is  ordered,  of  Colchester,  and  Obadiab  Horsford 
and  Samuel  Palmer,  both  of  Hebron  in  the  county  of  Hart- 
ford, complaining  of  the  doings  of  James  Wadsworth,  Ed- 
mund Lewiss  and  Samuel  Ljaide,  Esqi's,  a  committee  who  run 
and  stated  the  line  between  the  townships  of  Colchester  and 
Hebron  on  the  eighth  of  February,  178f ,  as  it  affects  the 
property  of  their  lands  ;  and  praying  that  the  doings  of  said 
committee  may  be  set  aside  :  Resolved  by  this  Assembly,  that 
the  doings  of  the  said  committee  on  the  line  aforesaid  shall 
not  be  construed  to  aifect  the  property  of  the  memorialists. 

Upon  the  memorial  of  Capt.  Samuel  Smith,  of  New  Haven, 
west  parish,  as  agent  for  said  parish,  sliewing  to  this  Assembly 
the  broken  circumstances  of  said  parish,  by  reason  of  their 
ministers,  one  after  another,  declaring  themselves  to  be  of  the 
Church  of  England  principles,  and  carrying  from  them  con- 
siderable estate  and  inhabitants,  whereby  they  are  uncapable 
to  maintain  the  gospel  amongst  them  ;  and  praying  to  this  As- 
sembly for  some  relief:  Upon  consideration  whereof,  this 
[243]  Assembly  do  appoint  Edmund  Lewiss,  Esq"",  ||  Captain 
John  Riggs  and  Capt.  Nathan  Baldwin,  a  committee,  and  at 
the  request  of  the  said  Smith  or  others  of  said  parish  to  re- 
pair to  the  said  parish,  to  view,  hear,  observe  and  consider, 
the  whole  circumstances  of  them,  and  to  make  report  to  this 
Assembly  in  May  next  what  is  necessary  to  be  done  for  their 
relief. 

This  Assembly  grants  to  the  Secretary  the  sum  of  ten* 
pounds  out  of  the  publick  treasury  for  his  salary  the  present 
year. 

Cost  allowed  the  town  of  Midletown  against  the  town  of 
Wallingford,  for  attendance,  &c.,  to  answer  the  memorial  of 
said  Wallingford  preferred  by  their  agents,  Samuel  Hall,  Gid- 
eon Ives  and  John  flail  2d,  &c.,  is  <£2  lis.  6d.  Ex.  granted 
FeVij  18th,  173§. 

Cost  allowed  the  town  of  Lyme  against  the  town  of  East 
Haddam,  for  attendance,  &c.,  to  answer  the  memorial  of  said 
East  Haddam  preferred  by  their  agent  Isaac  Spencer,  &c.,  is 
.£1  12s.  Id.     Ex.  granted  April  2d,  1736. 

Cost  allowed  Joshua  Raymond  against  James  Hilhouse, 
for  attendance,  &c.,  to  answer  the  memorial  of  said  Hil- 
house preferred  against  the  north  parish  in  New  London, 
which  was  negatived,  is  <£4  7s.  Qd.  Ex.  graiited  November 
Wth,  1735. 

The  several  Acts,  Grants  and  Orders  of  this  Assembly,  as 
they  stand  entered  in  the  pages  of  this  book  next  preceding, 
4 


26  PUBLIC     RECORDS  [May, 

were  read  in  tlie  presence  of  both  Houses,  and  by  them  or- 
dered to  be  signed  by  the  Secretary  as  perfect  and  compleat. 

George  Wyllys,  Secretly. 


[2-44]  Connecticutt 
Colons/. 

At  a  General  Assembly  holden  at  Hartford  in  his  Majes- 
ties English  Colony  of  Connecticutt  in  New  England  in 
America,  on  Thursday  the  13th  day  of  May,  anno  regni 
Eegis  Georgii,  Magn^  Britannia  &c.  2^^,  9"°.,  Annoque 
Domini,  1736,  and  continued  by  several  adjournments 
till  29th  day;  op  the  same  month. 

Present  : 

The  Honourable  Joseph  Talcott,  Esq"",  Govern  our. 

The  Honbie  Jonathan  Law,  Esq^,  Deputy  Governour. 
Samuel  Eells,  Timothy  Pierce,     ^ 

Roger  Wolcott,  John  Burr, 

James  Wadsworth,    Samuel  Lynde,         [y    ^s     A   -'^f     /• 
Nathaniel  Stanly,      Edmund  Lewiss,      ^    '  ^    ' 
Joseph  Whiting,        William  Pitkin, 
Ozias  Pitkin,  Roger  Newton, 

Representatives  or  Deputies  (that   ivere   returned  to  attend  at 

this  Assembly^  are  'asfoUotv,  (viz^.) 
Mr.  John  Marsh,  Mr.  Joseph  Buckingham,  for  Hartford. 
Mr.  Daniel  Coit,  Mr.  John  Richards,  for  New  London. 
Mr.  Eleazer  Cary,  Mr.  Jabez  Huntington,  for  Windham. 
Mr.  Josiah  Conant,  Mr.  Ehiathan  Brigham,  for  Mansfield. 
Mr.  Joseph  Palmer,  Mr.  Theophilus  Baldwin,  for  Stoningtown. 
Mr.  Richard  LorcJ,  Mr.  Stephen  Lee,  for  Lyme. 
Mr.  Joseph  Strong,  Mr.  Samuel  Parker,  for  Coventry. 
Mr.  Ebenezer  West,  Mr.  Jonathan  Trumble,  for  Lebanon. 
Mr.  John  Sabin,  Mr.  Joseph  Craft,  for  Pomfrett. 
Mr.  James  Beebe,  Mr.  Thomas  Benedict,  for  Danbury. 
Mr.  Samuel  Willard,  Mr.  Jedadiah  Chapman,  for  Saybrook. 
Mr.  Isaac  Spencer,  for  East  Haddam. 

Mr.  Ephraim  Kingsbury,  Mr.  William  Marsh,  for  Plainfield. 
Mr.  John  Chester,  Mr.  Tliomas  Curtiss,  for  Weathersfield. 
Mr.  Hezekiah  Park,  Mr.  John  Cook,  for  Preston. 
Mr,  Nathan  Baldwin,  Mr.  Robert  Treat,  for  Milford. 
Mr.  Isaac  Dickerman,  Mr.  Jonathan  Allin,  for  New  Haven. 
Mr.  Ebenezer  Silliman,  Mr.  Andrew  Burr,  for  Fairfield. 
Mr.  Benajah  Bushnell,Mr.  Hezekiah  Huntington,  for  Norwich, 
Mr.  James  Reignolds,  Mr.  [Nathaniel]  Peck,  for  Greenwich. 


1736.]  OF      CONNECTICUT.  27 

Mr.  Jonathan  Hoyt,  Mr.  Jonatlian  Maltbie,  for  Stanford. 
Mr.  Samuel  Hanford,  Mr.  Samuel  Fitch,  for  Norwalk. 
Mr.  Samuel  Hill,  Mr.  Pelatiali  Leet,  for  Guilford. 
Mr.  Joseph  Minor,  Mr.  Andrew  Hinman,  for  Woodbury. 
Mr.  Isaac  Kendall,  Mr.  Samuel  Snow,  for  Asliford. 
Mr.  John  Bostwick,  Mr.  Theophilus  Baldwin, for  New  Milford. 
Mr.  Theophilus  Nickols,  Mr.  Epliraim  Curtiss,  for  Stratford. 
Mr.  James  Brainerd,  for  Haddam. 

Mr.  Christopher  Avery,  Mr.  Dudley  Woodbridge,  for  Groton. 
Mr.  Stephen  Hopkins,  Mr.  William  Judd,  for  Waterbury. 
Mr.  William  Gold,  Mr.  Nathaniel  Harrison,  for  Branford. 
Mr.  John  Lane,  Mr:  David  Buel,  for  Killingsworth. 
[245]  Mr.  Benjamin  Skinner,  Mr.  Joseph  Phelps,  Jr.,  for  He- 
bron. 
Mr.  Henry  Crane,  Mr.  Nathan  Camp,  for'  Durham. 
Mr.  James  Levinz,  Mr.  John  Dwight,  for  Killingly. 
Mr.  Joseph  Addams,  Mr.  Jabez  Fitch,  for  Canterbury. 
Mr.  John  Bulkley,  Mr.  Israel  Newton,  for  Colchester. 
Mr.  Henry  Allyn,  Mr.  Roger  Newberry,  for  Windsor. 
Mr.  George  Phillips,  Mr.  Jabez  Hamlin,  for  Midletown. 
Mr.  Thomas  Wells,  Mr.  Jonathan  Hale,  for  Glassenbury. 
Mr.  William  Wadsworth,  Mr.  Anthony  Judd,  for  Farmingtown. 
Mr.  Joseph  Phelps,  Mr.  James  Smith,  for  Symsbury. 
Mr.  Benjamin  Hall,  Mr.  Jacob  Johnson,  for  Wallingford. 
Mr.  John  Riggs,  Mr.  Samuel  Bassett,  for  Derby. 

Mr.  Samuel  Hill,  Speaker,  \  of  the  House  of  Representa- 
Mr.  John  Bulkley,  Clerk,  \  tives. 
This  day  being  appointed  by  charter  and  the  laws  of  the 
Colony  for  the  election  of  the  publick  officers  of  this  corpora- 
tion, (yiz:^  Governour,  Deputy  Governour,  Assistants,  Treas- 
urer, and  Secretary,  and  proclamation  being  made,  the  free- 
men proceeded  to  give  in  their  votes  to  persons  appointed  by 
the  Governour,  Council  and  Representatives,  to  receive,  sort 
and  count  them ;  which  persons  were,  James  Wadsworth, 
Esq"",  Nathaniel  Stanly,  Esq"",  Joseph  Whiting,  Esq"",  Ozias 
Pitkin,  Esq'",  Timothy  Pierjce,  Esq"",  John  Burr,  Esq"",  Sam- 
uel Lynde,  Esq"",  Edmund  Lewiss,  Esq"",  William  Pitkin,  Esq^, 
William  Wadsworth,  Thomas  Wells,  Isaac  Dickerman,  John 
Richards,  Ebenezer  Silliman,  Josiah  Conant,  Esq^s,  Messrs. 
Dudley  Woodbridge,  Jonathan  Trumble  and  Theophilus  Nick- 
ols. And  the  freemen's  votes  being  bro't  in,  sorted  and 
counted. 

The  Honourable  Joseph  Talcott,  Esq"*,  was  chosen  Govern- 
our of  this  Colony  the  year  ensuing,  and  the  Governour's  oath 
and  the  oath  required  by  act  of  Parliament  relating  to  trade 


28  PUBLIC  RECORDS  [May, 

and  navigation,  were  administred  to  him  in  the  presence  of 
this  Assembly. 

The  Honourable  Jonathan  Law,  Esq^  was  chosen  Deputy 
Governour  of  this  Colony  for  the  year  ensuing,  and  the  Dep- 
uty Governour's  oath  was  administred  to  him  in  the  presence 
of  the  Assembly. 

Samuel  Eells,  Roger  Wolcott,  James  "Wadsworth,  Nathaniel 
Stanly,  Joseph  Whiting,  Ozias  Pitkin,  Timothy  Pierce,  John 
Burr,  Samuel  Lynde,  Edmund  Lewiss,  William  Pitkin,  and 
Roger  Newton,  Esqfs,  were  chosen  Assistants  for  the  year  en- 
suing, and  the  assistant's  oath  was  administred  to  Samuel 
Eells,  Roger  Wolcott,  James  Wadsworth,  Nathaniel  Stanly, 
Joseph  Whiting,  Ozias  Pitkin,  Timothy  Pierce,  John  Burr, 
Samuel  Lynde,  Edmund  Lewiss,  and  William  Pitkin,  Esqrs,  in 
the  presence  of  the  Assembly. 

Mr.  John  Whiting  was  chosen  Treasurer  of  this  Colony  for 
the  year  ensuing,  and  had  the  Treasurer's  oath  administred  to 
him  accordingly. 

And  George  Wyllys  was  chosen  Secretary  of  this  Colony 
for  the  year  ensuing,  and  was  accordingly  sworn  to  that  office 
and  trust  in  the  presence  of  this  Assembly. 

[246]  This  Assembly  do  appoint  the  Honourable  Jonathan 
Law,  Esqr,  to  be  Chief  Judge  of  the  Superiour  Courts  in  this 
Colony  for  the  year  ensuing. 

This  Assembly  do  appoint  Samuel  Eells,  Esq"",  Roger  Wol- 
cott, Esq"",  James  Wadsworth,  Esq%  and  Joseph  Whiting, 
Esqr,  to  be  Judges  of  the  Superiour  Courts  in  this  Colony  the 
year  ensuing. 

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

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

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

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

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

This  Assembly  do  appoint  the  Honourable  Joseph  Talcott, 
Esq'",  to  be  Judge  of  the  Court  of  Probates  in  the  county  of 
Hartford  the  year  ensuing. 


1736.]  OP      CONNECTICUT.  29 

This  Assembly  do  appoint  Joseph  Wh*iting,  Esq"",  to  be 
Judge  of  the  Court  of  Probate  in  the  district  of  New  Haven 
the  year  ensuing. 

This  Assembly  do  establish  Joshua  Hempstead,  Esq"",  to  be 
Judge  of  the  Court  of  Probates  in  the  district  of  New  London 
the  year  ensuing. 

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

This  Assembly  do  appoint  Timothy  Pierce,  Esqi",  to  be  Judge 
of  the  Court  of  Probates  in  the  district  of  Windham  the  year 
ensuing. 

This  Assembly  do  appoint  James  Hooker,  Esq^,  to  be  Judge 
of  the  Courts  of  Probate  in  the  district  of  Guilford  the  year 
ensuing. 

This  Assembly  do  appoint  Jonathan  Hoit,  Esq"",  to  be  Judge 
of  the  Court  of  Probates  in  the  district  of  Stanford  tbe  year 
ensuing. 

This  Assembly  do  establish  and  confirm  Joseph  Minor,  Esq^, 
to  be  Judge  of  the  Court  of  Probates  in  the  district  of  Wood- 
bury the  year  ensuing. 

This  Assembly  do  appoint  Samuel  Mather,  David  Goodrich, 
William  Wadsworth,  John  Marsh  and  Thomas  Wells,  Esqr% 
to  be  Justices  of  the  Peace  and  Quorum  in  the  county  of 
Hartford  the  year  ensuing. 

This  Assembly  do  appoint  John  Hooker,  Hezekiah  Wyllys, 
Henry  AUyn,  John  Chester,  Giles  Hall,  Jabez  Hamlin,  Joseph 
White,  James  Wells,  John  Bulkley,  Nathaniel  Foot,  Benjamin 
Skinner,  John  Humphrey,  John  Buel,  Joseph  Bird,  John 
Huntington,  John  Bissell,  Samuel  Olmstead,  Israel  Newton, 
and  Thomas  Hart,  Esqi's,  to  be  Justices  of  the  Peace  in  and 
for  the  County  of  Hartford  the  year  ensuing. 

[247]  This  Assembly  do  appoint  Samuel  Bishop,  James 
Hooker,  John  Riggs,  John  Russell,  and  Samuel  Hill,  Esq'"^, 
to  be  Justices  of  the  Peace  and  Quorum  in  the  county  of  New 
Haven  the  year  ensuing. 

This  Assembly  do  appoint  Thomas  Judd,  Andrew  Ward, 
Janna  Meiggs,  Samuel  Gunn,  Henry  Crane,  Samuel  Hall, 
John  Bostwick,  jun"",  Benjamin  Hall,  Timothy  Hopkins, 
Thomas  Clark,  Isaac  Dickerman,  John  Prout,  Roger  Brunson, 
William  Gold  and  Theophilus  Yale,  Esq^s,  to  be  Justices  of 
the  Peace  in  and  for  the  county  of  New  Haven  the  year 
ensuing. 

This  Assembly  do  appoint  Daniel  Palmer,  Joseph  Backus, 


30  PUBLIC    RECOEDS  [May, 

Joshua  Hempstea(f,  Benajah  Bushnell,  John  Griswonld,  Esq", 
to  be  Justices  of  the  Peace  and  Quorum  in  the  county  of  New 
London  the  year  ensuing. 

This  Assembly  do  appoint  Abraham  Pierson,  David  Buel, 
Samuel  Willard,  Joseph  Blague,  Nathaniel  Clark,  Thomas 
Lee,  Richard  Lord,  Thomas  Prentiss,  Jeremiah  Miller,  John 
Richards,  Jabez  Hide,  William  Hide,  junr,  Jabez  Perkins, 
James  Avery,  Christopher  Avery  2d,  Humphrey  Avery,  John 
Brown,  Jolin  Cook,  Hezekiah  Parke,  Joseph  Minor,  Theophi- 
lus  Baldwin  and  Daniel  Dennison,  Esq",  to  be  Justices  of  the 
Peace  in  the  county  of  New  London  the  year  ensuing. 

This  Assembly  do  appoint  Joseph  Piatt,  Joseph  Minor,  An- 
drew Burr,  John  Thompson,  Jonathan  Hoit,  Esq",  to  be  Jus- 
tices of  the  Peace  and  Quorum  in  the  county  of  Fairfield  the 
year  ensuing. 

This  Assembly  do  appoint  Thomas  Fitch,  Moses  Dimon, 
Samuel  Couch,  John  Grigory,  James  Bebee,  William  Preston, 
Samuel  Hanford,  John  Copp,  Ephraim  Curtiss,  Samuel  Hoit, 
James  Rennals,  Ebenezer  Mead,  jun"",  Nathaniel  Peck,  Thomas 
Bennett,  Thomas  Tousey,  John  Read,  James  Benedict,  Joseph 
Keeler,  and  Benjamin  Hecock,  Esq",  to  be  Justices  of  the 
Peace  in  the  county  of  Fairfield  for  the  year  ensuing. 

This  Assembly  do  appoint  Joseph  Addams,  Ebenezer  West, 
Richard  Abbe  and  William  Throop,  Esq",  to  be  Justices  of 
the  Peace  and  Quorum  in  the  county  of  Windham  for  the 
year  ensuing. 

This  Assembly  do  appoint  Joshua  Ripley,  Joseph  Strong, 
John  Woodward,  Joseph  Levinze,  Peter  Buel,  Josiah  Conant, 
Philip  Eastman,  Joseph  Cadey,  Leicester  Grosvenour,  Jona- 
than Huntington,  John  Crery,  Ebenezer  Dow,  Esq",  to  be 
Justices  of  the  Peace  in  the  county  of  Windham  the  year 
ensuing. 

This  Assembly  do  appoint  Roger  Wolcott,  Esq"",  and  Capt. 

Henry  Allyn,  to  return  the  thanks  of  this  Assembly  to  the 

Reverend    Mr.   Jonathan  Marsh,  for  his  sermon  which   he 

•preached  before  the  General  Assembly  on  the  13th  day  of 

May  instant,  and  desire  a  copy  thereof,  that  it  may  be  printed. 

This  Assembly  do  appoint  Joseph  Whiting  and  Samuel 
Lynde,  Esq",  Messrs.  Roger  Newberry,  Eleazer  Carey,  Thomas 
Wells,  Robert  Treat,  Jedadiah  Chapman  and  Theophilus  Nick- 
ols,  to  be  Auditors  to  audit  the  Colony  accounts  with  the 
Treasurer  and  make  report  at  this  time. 

This  Assembly  do  establish  and  confirm  Gideon  Hollister 
to  be  Lieutenant  of  the  company  or  trainband  at  the  parish  of 


1736.]  OF      CONNECTICUT.  31 

Eastbiuy  in  the  town  of  Glassenbury,  and  order  that  he  be 
commissioned  accordingly, 

[248]  This  Asssembly  do  establish  and  confirm  Mr.  John 
Breed,  jun'',  to  be  Captain  of  the  third  company  or  trainband 
in  the  town  of  Stoningtown,  and  order  that  he  be  commis- 
sioned accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Christopher 
Palmer  to  be  Ensign  of  the  3d  company  or  trainband  in  the 
town  of  Stoningtown,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  David  Crocker 
to  be  Lieutenant  of  the  4tli  company  or  trainband  in  the  town 
of  New  London,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Daniel  Dennison  to 
be  Ensign  of  the  fourth  company  or  trainband  in  the  town  of 
New  London,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathan  Smith 
to  be  Ensign  of  the  3d  company  or  trainband  in  the  town  of 
Groton,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Shep- 
ard  to  be  Lieutenant  of  the  north  company  or  trainband  in 
the  town  of  Midletown,  and  order  that  he  be  commissioned 
accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr,  Isaac  Cowles, 
junr,  to  be  Ensign  of  the  company  or  trainband  at  the  parish 
of  Southington  in  the  town  of  Farmingtown,  and  order  that 
he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Mathew  Gris- 
would  to  be  Ensign  of  the  fifth  company  or  trainband  in  the 
town  of  Windsor,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

This  Assembly   do  establish    and   confirm   Mr.    Timothy 


32  PUBLIC     RECORDS  [^ay, 

Plielps  to  be  Lieutenant  of  the  3d  company  or  trainband  in 
the  town  of  Symsbury,  and  order  that  lie  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Ebenezer  Nye 
to  be  Ensign  of  the  company  or  trainband  in  the  town  of  Tol- 
land, and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel 
Eudd  to  be  Captain  of  the  2d  company  or  trainband  in  the 
town  of  Windham,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr,  Samuel  Bing- 
ham to  be  Lieutenant  of  the  2d  company  or  trainband  in  the 
town  of  Windham,  and  order  that  he  be  commissioned  accord- 
ingly. 

[249]  This  Assembly  do  establish  and  confirm  Mr.  Isaac 
Burnapp  to  be  Ensign  of  the  2d  company  or  trainband  in  the 
town  of  Windham,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Law- 
rence to  be  Captain  of  the  1st  company  or  trainband  in  the 
town  of  Plainfield,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas  Ste- 
phens 3d,  to  be  Lieutenant  of  the  1st  company  or  trainband 
in  the  town  of  Plainfield,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel 
Spaulding  to  be  Ensign  of  the  1st  company  or  trainband  in 
the  town  of  Plainfield,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  David  Whitney 
to  be  Captain  of  the  2d  company  or  trainband  in  the  town  of 
Plainfield,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Park- 
hurst  Lieutenant  of  the  2d  company  or  trainband  in  the  town 
of  Plainfield,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  War- 
ren to  be  Ensign  of  the  2d  company  or  trainband  in  the  town 
of  Plainfield,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Morriss  Tillot- 
son  to  be  Captain  of  the  south  company  or  trainband  in  the 
town  of  Hebron,  and  order  him  to  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Phelps 


1736.]  OF      CONNECTICUT.  33 

Lieutenant  of  the  south  company  or  trainliand  in  the  town  of 
Hebron,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  William  Buel 
to  be  Ensign  of  the  south  company  or  trainband  in  the  town 
of  Hebron,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas  Stead- 
man  Ensign  of  the  third  company  or  trainband  in  the  town  of 
Windham,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Richard 
Boardman  to  be  Lieutenant  of  the  company  or  trainband  in 
the  parish  of  Newington,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Josiah  Wil- 
lard  Ensign  of  the  company  or  trainband  in  the  parish  of 
Newington,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Comestock 
to  be  Lieutenant  of  the  fifth  company  or  trainband  in  the  town 
of  Lyme,  and  order  that  he  be  commissioned  accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Daniel  01ms- 
tead  Captain  of  the  company  or  trainband  in  the  town  of 
Ridgefield,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Richard  01ms- 
tead  to  be  Lieutenant  of  the  company  or  trainband  in  the 
town  of  Ridgefield,  and  order  that  he  be  commissioned  ac- 
cordingly. 

[250]  This  Assembly  do  establish  and  confirm  Mr.  Benja- 
min Hoyt  Ensign  of  the  company  or  trainband  in  the  town  of 
Ridgefield,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Richard  Ham- 
lin Captain  of  the  company  or  trainband  at  the  New  Field  in 
the  town  of  Midletown,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel 
Gilbert  to  be  Lieutenant  of  the  company  or  trainband  at  the 
New  Field  in  the  town  of  Midletown,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Philip  Kirt- 
land  Lieutenant  of  the  north  company  or  trainband  in  the 
town  of  Saybrook,  and  order  that  he  be  commissioned  accord- 
ingly. 

5 


34  PUBLIC     RECORDS  [May, 

This  Assembly  do  establish  and  confirm  Mr.  George  Hub- 
bard Lieutenant  of  the  southeast  company  or  trainband  in  the 
town  of  Midletown  of  the  east  side  of  Counecticutt  River,  and 
order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jonathan  Yeo- 
mans  to  be  Ensign  of  the  southeast  company  or  trainband  on 
the  east  side  of  Counecticutt  River  in  the  town  of  Midletown, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Bulkley 
Captain  of  the  2d  Troop  in  the  county  of  Hartford,  and  order 
that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Stephen  Hors- 
mer  Lieutenant  of  the  2d  Troop  in  the  county  of  Hartford,  and 
order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confii-m  Mr.  Nathaniel  Otis 
Cornet  of  the  2d  Troop  in  the  county  of  Hartford,  and  order 
that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  William  01ms- 
tead  Quarter  Master  of  the  2d  Troop  in  the   county  of  Hart- 
ford, and  order  that  he  be  commissioned  accordingly. 
An   Act  in  Addition  to  An  Act  entituled  An  Act  for 

Amendment  of  the  Law  providing  Auditors   shall 

be   appointed   in   Actions   of  Account,   &c.,   and   for 

Amending  the  Writ  upon  Pleas  in  Abaten:ient. 

Whereas  in  said  act  special  reference  seems  to  be  had  to 
actions  brought  to  the  county  and  superiour  courts  : 

Tis  noiv  resolved  and  enacted .  hy  this  Assembly  and  the  au- 
thority thereof,  That,  for  the  future,  the  last  paragraph  of  said 
law,  respecting  the  amendment  of  writs  ordered  to  abate,  shall 
extend  to  all  actions  brought  before  any  assistant  or  justice 
of  the  peace  ;  any  law,  usage  or  custom  to  the  contrary  not- 
withstanding. 

Whereas  the  bills  of  credit  on  this  Colony  of  sundry  de- 
nominations have  been  counterfeited  and  uttered  by  evil- 
minded  persons ;  and  further  to  carry  on  the  fraud  and  de- 
ceit, it  hath  been  wickedly  practiced  to  break  said  bills  into 
halves  and  quarters  ;  whereby  our  publick  officers  and  private 
persons  are  rendered  unable  to  discover  the  counterfeit  bills 
and  the  cheat  and  deceit  therein :  Which  evil  practice  the 
better  to  prevent, 

[251]  Be  it  enacted  hy  the  Grovernour,  Council  and  ||  Mej)- 
resentatives,  in  General  Court  assembled,  and  by  the  authority 
of  the  same,  That  no  person  henceforward  do  adventure  to 
halve  or  quarter  any  of  the  bills  of  this  Colony  of  the  denom- 
inations of  five  pounds,  forty  shillings,  twenty  shillings,  ten 


1736.]  OF      CONNECTICUT.  35 

shillings,  or  five  shillings,  on  pain  of  the  displeasure  of  this 
Assembly. 

And  it  is  Jierebi/  further  enacted,  That  the  Treasurer  of  this 
Colony  shall  not,  after  the  twentieth  day  of  May  next,  receive 
any  halves  or  quarters  of  any  of  the  bills  of  this  Colony  of  the 
denominations  abovementioned  in  any  payments  to  the  pub- 
lick  treasury  whatsoever.  And  further,  the  Treasurer  is 
hereby  forbidden  to  emit  and  pay  out  of  the  treasury  any 
halves  or  quarters  of  the  bills  of  this  Colony  of  the  aforesaid 
denominations ;  who  is  also  hereby  directed  to  receive  any  of 
the  halves  or  quarters  of  the  true  bills  of  this  Colony  of  the 
said  denominations,  and  give  in  exchange  for  them  the  bills 
lodged  in  his  hands  for  exchange,  at  any  time  before  the  said 
twentieth  day  of  May  next,  and  no  longer.  JLJ_60582 
An  Act  for  stating  the  Fees  of  the  Judges  of  the  Supe- 
riour  and  County  Courts,  and  of  the  Assistants  and 
Representatives  in  tlie  General  Assembly,  and  of  the 
Justices  of  the  Quoruin. 

Be  it  enacted  hy  the  Governour,  Council  and  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That,  for  the  future,  the  judges  of  the  superiour  court  shall 
have,  for  each  day's  attendance  of  each  of  them  on  the  said 
court,  eighteen  shillings  ;  and  that  the  judges  of  the  several 
county  courts  in  this  Colony,  respectively,  shall,  for  each  day's 
attendance,  have  fourteen  shillings ;  and  that  the  assistants, 
for  their  attendance  on  the  General  Assembly,  each  twelve 
shillings  per  diem ;  and  each  representative,  for  his  attend- 
ance on  the  General  Assembly,  nine  shillings  per  diem ;  and 
that  the  justices  of  the  quorum  shall,  for  their  attendance  on 
the  county  court,  have  each  ten  shillings  per  diem;  any  law, 
usage  or  custom  to  the  contrary  notwithstanding. 

An  Act  in  Addition  to  an  Act  entituled  An  Act  for  en- 
larging   and    stating  Posts'  Wages,  and 
Witnesses  foi^  their  Travel. 
Resolved  hy  this  Assembly,    That,  for  the  future,  all  posts 
imployed  in  the  publick  service  shall  be  allowed  six  pence  per 
mile  out,  and  no  more. 

An  Act  for  the  better  providing  for  Jurys  in  Tryals  in 
Civil  Causes,  and  for  the  better  Payment  of  Search- 
ers and  Gai.fgers  of  Tar  and  Turpentine,  and  for 
further  Allowance  to  Witnesses. 

Resolved  by  this  Assembly,  That  the  jurys  in  the  several 
courts  of  tryals  shall  have  thirty  shillings  for  each  action  they 
shall  try ;  and  that  the  searchers  and  gaugers  of  tar  and  tur- 
pentine shall  take  for  their  searching  and  gauging  each  barrel 
of  tar  or  turpentine  four  pence ;  and  that  witnesses  that  at- 
tend at  any  of  the  courts  of  pleas  shall  be  allowed  three  shil- 
lings per  diem  for  their  attendance. 


36  PUBLIC     RECORDS  [May, 

An  Act  referring  to  the  l-aw  entituled  An  Act  in  Addi- 
tion   to    the    Law   entituled   An   Act    for 
regulating  the  Militia. 

It  is  ordered  and  enacted  hy  the  Governour,  Council  and 
Representatives^  in  General  Court  assembled,  and  hy  the  au- 
thority of  the  same.  That  every  centinel  above  the  age  of  fifty 
years  shall  be  released  out  of  the  trainbands  within  this  Col- 
ony, but  not  from  keeping  arms  and  ammunition,  &c.,  as 
mentioned  in  said  act. 

An  Act  in  Addition  to   An  Act  entituled  An  Act  to  en- 
courage the  destroying  of  Wolves,  &c. 

Be  it  enacted  hy  the  Governour,  Council  and  Representatives, 
in  General  Court  assembled,  and  hy  the  authority  of  the  same, 
[252]  That  if  any  person  or  persons  ||  shall  kill  or  destroy  any 
grown  wolf  or  wolves  within  the  bounds  of  any  town  in  this 
Colony,  such  person  or  persons  shall  receive  out  of  the  pub- 
lick  treasury  the  sum  of  five  pounds,  and  no  more  ;  and  twenty 
shillings,  and  no  more,  out  of  the  treasury  of  the  town  within 
the  bounds  whereof  such  wolf  shall  be  killed  ;  as  a  reward  for 
killing  the  same  ;  and  half  so  much  out  of  each  of  the  aforesaid 
treasuries  for  every  wolf's  whelp  that  shall  be  killed  as  afore- 
said. 

An  Act  in  further  Addition  to  an  Act  entituled  An  Act 
in  Addition  to  an  Act  concerning  Sheep  and  Swine. 

Forasmuch  as  great  damages  are  often  done  amongst  cattle 
and  sheep  by  their  being  worried  or  killed  by  dogs  in  the 
woods  or  elsewhere,  whereof  full  proof  of  the  facts  cannot  be 
had,  by  means  whereof  the  owner  or  owners  of  such  sheep 
and  cattle  are  without  remedy  for  their  damages,  and  the  dogs 
suffered  to  live  in  cases  where  there  is  great  cause  to  suspect 
what  dog  or  dogs  were  the  doers  of  such  mischief:  For  rem- 
edy whereof, 

Be  it  enacted  hy  the  Governour,  Council  and  Representatives, 
in  General  Court  assembled,  tf-c,  That  when  any  person  or 
persons,  living  in  any  town  in  this  Colony,  shall  complain  to 
any  one  of  the  selectmen  of  such  town,  or  to  any  one  of  the 
sheep-masters  of  the  flock  within  the  limits  whereof  such  mis- 
chiefs are  done,  that  the  cattle  or  sheep  have  been  greatly 
worried  or  have  been  killed  or  wounded  by  dogs,  and  that  there 
is  suspicion  what  dog  or  dogs  did  said  mischief,  and  informs 
such  selectman  or  sheep-master  what  dog  or  dogs  they  are 
that  are  so  suspected,  such  selectman  or  sheep-master  shall 
consider  what  such  complainant  shall  offer  as  cause  of  such 
suspicion,  and,  if  he  judge  it  needful,  of  any  other  matter 
that  may  convince  him  of  the  reasonableness  or  unreason- 
ableness of  such  suspicion,  and  wlien  he  shall  be  satisfied 
there  is  great  suspicion  the  dog  or  dogs  complained  of  have 


1736.]  OF      CONNECTICUT.  37 

done  the  mischiefs  mentioned  in  such  complaint,  such  se- 
lectman or  slieep-master  is  hereby  directed  to  declare  his 
Ojnnion  that  he  liath  considered  such  dog  or  dogs  shall  be 
killed ;  after  which  sentence  given,  it  is  hereby  declared 
lawful  for  any  person  or  persons  to  kill  such  dog  or  dogs. 

And  be  it  further  enacted,  That  if  after  such  sentence  given, 
such  dog  or  dogs  shall  not  be  killed  by  the  owner  or  owners, 
or  by  some  other  person,  and  such  mischief  shall  again  be 
done  by  dogs,  the  owner  or  owners  of  such  cattle  or  sheep 
worried,  killed  or  wounded  by  dogs,  shall  recover  all  his  dam- 
ages against  the  owner  or  owners  of  such  dog  or  dogs  sen- 
tenced to  be  killed  as  aforesaid  ;  unless  upon  tryal  the  owner 
or  owners  of  such  dog  or  dogs  shall  satisfy  the  court,  assistant 
or  justice,  before  whom  the  tryal  is,  that  the  damages  were 
not  done  by  his  or  their  dog  or  dogs  sentenced  as  aforesaid. 
Always  provided,  that  the  owner  or  owners  of  such  dog  or 
dogs  be  notified  of  the  sentence  of  such  selectman  or  sheep- 
master  before  the.  damage  sued  for  was  done,  and  that  no 
prosecution  for  damage  by  virtue  of  this  act  be  made  after 
four  days  from  the  time  such  damages  were  done. 

Resolved  by  this  Assembly,  That  the  Treasurer  of  this  Col- 
ony deliver  to  the  Honourable  the  Governour  and  Nathaniel 
Stanly,  Esq"",  so  much  in  bills  of  credit  lodged  in  the  treasury 
as  may  be  sufficient  to  purchase  one  hundred  pounds  sterling, 
which  the  said  Honourable  the  Governour  is  desired  to  trans- 
mit to  our  Agent,  Mr.  Wilks,  in  Great  Britain,  to  be  im- 
proved by  him  to  prevent  the  ill  designs  of  Capt.  John  Mason, 
gone  home  to  make  complaints  against  this  government ;  and 
other  services  of  this  Colony,  as  occasion  may  require. 

Upon  the  report  of  the  committee  for  repairing  Yale  Col- 
lege of  sundry  disbursements  thereon  :  This  Assembly  order 
[253]  that  Capt.  Isaac  Dickerman  draw  ||  out  of  the  publick 
treasury,  for  defraying  the  same  and  perfecting  the  repairs  of 
said  college,  the  sum  of  fifty  pounds. 

An  Act  directing  that  there   shall  be  a  Contribution, 
and  tlie   Money   thereby  raised   to  be  improved  for 
the  Civilizing  &c.  of  the  Indians,  and  a  Sum  granted 
for  the    Instructing   the    Nahantick    Indians   in   the 
Town  of  Lyme  in  tlie  County  of  New  London. 
Notwithstanding  that  the  first  settlers  of  this  Colony  from 
time  to  time  by  persons  skilled  in  the  Indian  tongue  endeav- 
oured to  gain  the  said  natives  to  a  belief  of  the  Christian  re- 
ligion, yet  the  said  Indians  did  generally  refuse  the  same  :  but 
of  late  the  Indians  have  desired  to  be  instructed  in  the  Chris- 
tian religion,  which  this  government,  as  well  as  many  pious 
persons  therein,  have  encouraged  :  And   to  the  end  that  so 
good  a  work  may  be  furthered, 


38  PUBLIC  RECORDS         [May, 

Be  it  enacted  hy  the  Governour,  Council  and  Representatives, 
in  General  Court  assembled^  and  Inj  the  anthority  of  the  saine. 
That  at  the  next  publick  Thanksgiving  that  shall  be  appointed 
ill  this  Colony,  there  shall  be  a  contribution  attended  in  every 
ecclesiastical  society  or  parish  in  this  government,  and  that 
the  money  that  shall  be  raised  thereby  shall  be  improved  for 
the  civilizing  and  christianizing  of  the  Indian  natives  in  this 
Colony,  (exclusive  of  the  Moheags,  who  are  already  provided 
for  ;)  and  that  his  Honour  the  Governour  send  forth  his  order 
to  the  ministers  of  the  respective  parishes  accordingly  ;  and 
the  Governour  and  Council,  for  the  time  being,  are  hereby  ap- 
pointed to  receive  the  said  contribution,  and  they  are  hereby, 
directed  carefully  to  improve  the  same  for  the  end  abovesaid ; 
and  they  shall  give  an  account  of  their  doings  therein  to  this 
Assembly,  that  so  further  care  from  time  to  time  may  be  taken. 

And  whereas  this  Assembly  are  now  informed  that  the 
said  Nahantick  Indians  desire  their  children  may  be  in- 
structed, 

Thereupon  it  is  resolved,  that  the  Colony  Treasurer  do  pay 
out  of  the  publick  treasury  unto  Messrs.  Thomas  Lee  of  Lyme, 
and  Stephen  Prentiss  of  New  London,  the  sum  of  fifteen 
pounds  ;  who  are  appointed  to  receive  the  same,  and  there- 
with they  shall  hire  some  suitable  person  to  instruct  the 
said  children  to  read,  and  also  in  the  principles  of  the  Chris- 
tian religion,  and  also  render  an  account  to  this  Assembly  of 
their  disbursements  of  the  money  aforesaid. 

Whereas  this  Assembly  in  October  last  did  order  that  the 
charges  of  subsisting  certain  Indian  children  at  the  school  at 
Farmingtown  should  be  paid  out  of  the  publick  treasury : 
Whereupon  Capt.  William  Wadsworth  hath  laid  before  this 
Assembly  an  account  of  the  said  charges,  which  amounts  to 
the  sum  of  twenty-eight  pounds,  which  is  hereby  ordered  to 
be  paid  out  of  the  publick  treasury  unto  the  said  Capt.  Wads- 
worth,  who  shall  pay  the  several  sums  to  the  respective  per- 
sons mentioned  in  said  account. 

This  Assembly  being  informed  that  a  parcel  of  Indians  that 
sometime  dwelt  at  New  Milford  are  removed  and  settled  on 
the  west  side  of  Ousatunnuck  River,  in  a  bow  on  the  west 
side  thereof,  about  three  or  four  miles  above  New  Fairfield, 
upon  a  piece  of  plain  land  there,  and  have  a  desire  to  continue 
at  said  place :  Whereupon  it  is  resolved  by  this  Assembly, 
that  no  person  shall  lay  out  any  grant  or  farm  on  said  plain 
piece  of  land  without  the  special  leave  of  this  Assembly.  And 
it  is  further  hereby  enacted  and  declared,that  whosoever  shall, 
contrary  to  this  order,  survey  or  cause  to  be  surveyed  or  laid 


1736.]  OP      CONNECTICUT.  39 

out  any  grant  of  this  Court  in  the  place  aforesaid,  shall  not 
thereby  procure  any  title  thereto. 

[254]  Upon  the  report  of  Roger  Wolcott  and  Nathaniel 
Stanly,  Esq'"%  and  others,  shewing  to  this  Assembly  that  there 
are  several  suras  of  money  due  to  this  government  from  sun- 
dry persons  mentioned  in  said  report,  amounting  [to]  .£4819 
4s.  3(?.  :  This  Assembly  do  order  that  the  Colony  Treasurer 
forthwith  proceed  to  levy  and  recover  said  sums  of  money, 
and  any  others  that  are  due  to  this  government.  And  in  such 
cases  wherein  judgment  is  already  recovered,  the  Treasurer  is 
directed  to  take  out  execution  and  deliver  the  same  into  the 
hands  of  some  officer  proper  to  levy  the  same,  taking  his  re- 
ceipt. 

Whereas  by  the  account  bro't  in  by  the  committee  ap- 
pointed by  this  Assembly  to  look  into  the  Treasurer's  entrys 
in  reference  to  sundry  sums  of  money  due  to  the  Colony,  Jo- 
seph Backus,  sheriff  of  the  county  of  Hartford,  was  found  in 
arrears,  having  received  divers  sums  due  to  the  government 
and  not  paid  the  same  into  the  Treasurer's  hands,  upon  which 
the  said  sheriff  hath  at  this  time  desired  to  give  bond  with 
sufficient  surety  for  the  money  due  from  him  as  aforesaid  : 
Whereupon  this  Assembly  do  appoint  and  fully  impower  Nath^ 
Stanly,  Esq"",  and  Capt.  John  Mai-sh,  of  Hartford,  to  be  a  com- 
mittee to  enquire  into  and  state  the  sums  of  money  due  from 
the  said  sheriff,  as  aforesaid,  with  the  Treasurer,  and  cause  a 
proper  entry  thereof  to  be  made  by  the  Treasurer,  and  then 
to  take  sufficient  bond,  to  the  Governour  and  Company,  of  the 
said  sheriff",  and  a  substantial  surety  ;  both  principal  and  Surety 
to  be  joyntly  and  severally  bound  for  the  whole  and  in  the 
whole  sum  due  from  the  said  sheriff,  with  lawful  interest  for 
the  same,  when  it  shall  be  stated  and  settled  as  aforesaid. 

It  being  moved  in  this  Assembly,  that  some  further  pro- 
vision may  be  made  at  the  time  for  effecting  a  division  ol  all 
such  lands  as  are  now  lying  in  common  between  the  govern- 
ment and  the  toVns  of  Hartford  and  Windsor,  agreeable  to 
an  act  of  this  Assembly  in  May,  1731,  which  has  till  this 
time  been  omitted,  for  want  of  the  assistance  of  James  Wads- 
worth,  Esqr,  whose  pubhck  improvement  in  the  government 
has  been  an  hindrance  in  his  way  to  said  service  :  Thereupon 
this  Assembly  do  resolve,  that  Capt.  John  Riggs  be  added  to 
the  committee  heretofore  appointed  for  that  service,  that  any 
two  of  the  gentlemen  a  committee  from  the  government  have 
power  to  joyn  with  the  committee  from  said  towns  in  effecting 
said  division,  and  make  report  to  this  Assembly  in  May  next. 

This  Assembly  do  appoint  Samuel  Lynde,  Esq"",  to  be  Major 


40  PUBLIC    RECORDS  [May, 

of  tlie  county  of  New  London,  and   order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  appoint  Mr.  Ebenezer  Silliman  to  be  one 
of  the  County  Surveyours  in  the  county  of  Fairfield. 

To  the  Honourable  General  Assembly  to  be  holden  at  Hart- 
ford in  May,  A.  D.  1736.  Pursuant  to  the  order  of  the  Hon- 
ourable General  Assembly  holden  at  New  Haven  October  8th, 
1735,  granting  to  the  inhabitants  of  the  town  of  Hebron  that 
we,  the  subscribers,  should  repair  to  the  said  town  and  view 
the  circumstances  thereof,  and  fix  and  ascertain  a  place  for 
their  meeting  house  to  be  built  upon,  and  make  report  of  our 
doings  thereon  to  this  Assembly  :  We,  the  subscribers,  on 
the  14th,  and  15th  days  of  April,  1736,'  accordingly  did  re- 
[255]  pair  to  said  town  ||  and  view  their  circumstances,  and 
ascertain  and  affix  the  place  to  build  their  meeting  house 
upon,  which  is  in  the  wast  land  on  the  hill  about  ten  or  eleven 
rods  easterly  from  the  dwelling  house  of  Mr.  John  Phelps  in 
said  town,  on  which  we  stuck  down  a  stake  about  two  foot 
distance  from  a  black  oak  bush  ;  the  said  house  to  be  erected 
in  the  most  convenient  place  within  the  space  or  distance  of 
three  rods  from  the  said  stake  or  bush  ;  which  place  we  judge 
to  be  the  most  convenient  place  to  build  their  meeting  house 
upon.     All  which  we  humbly  submit  to  this  Assembly. 

Ebenezer  West,  Richard  Abbe,  Eleazer  Gary. 

The  aforegoing  report  being  read,  &c.,  is  accepted  and  ap- 
proved of  by  this  Assembly. 

To  the  Honourable  General  Assembly,  to  be  convened  at 
Hartford  May  the  second  Thursday,  aniio  Domini  1736 : 

Whereas  it  was  your  Honours'  pleasure  (at  the  petition  of 
the  inhabitants  of  the  north  society  in  Killingsworth)  to  ap- 
point us,  the  subscribers,  to  repair  to  said  society  and  view 
the  same,  and,  upon  hearing,  to  pitch  upon  a  place  for  the 
setting  up  a  meeting  house  for  divine  service,  do  now  take 
leave  to  inform  your  Honours  that,  having  attended  said 
service  this  13th  day  of  November,  1735,  ancl  fully  heard  the 
parties  concerned,  have  pitched  upon  a  place  upon  a  stony 
hill  northerly  from  the  new  bridge  over  the  Bare -Swamp 
brook,  where  we  marked  a  walnut  tree  with  the  letter  M, 
and  laid  some  stones  at  the  root  of  said  staddle,  which  stands 
about  forty  or  fifty  rods  from  said  bridge  ;  which  place  we 
are  of  opinion  will  well  suit  said  society  for  to  set  their  meet- 
ing house  on.  All  which  is  humbly  submitted  by  your  Hon- 
ours' obedient  servants. 

James  Wadsworth,  Samuel  Lynde,  Samuel  Hill. 

The  above  report  was  read  in  and  approved  by  this  Assembly, 


1736.]  OF      CONNECTICUT.  41 

and  said  society  is  ordered  to  proceed  to  build  their  meeting 
house  upon  the  place  pitched  upon  by  said  committee,  as 
aforesaid. 

The   Additions  to  the   LisLs   of  Estate  of  the   Several 

Towns  hereafter  mentioned,  sent  in  to  this 

Assembly,  are  as  follow,  (viz.) 

Fourfold  assessments. 


Single  additions. 

To  Hartford, 

X683  18 

9 

To  New  Haven, 

1616  17 

9 

To  New  London, 

1070     0 

0 

To  Fairfield, 

393     9 

0 

To  Windham, 

149     0 

0 

To  Norwich, 

163    '1 

0 

To  Milford, 

253     3 

0 

To  Saybrook, 

614  12 

6 

To  Stratford, 

1389     7 

9 

To  Windsor, 

966     0 

0 

To  Guilford, 

17     7 

0 

To  Lyme, 

3S7  19 

6 

To  Lebanon, 

1114  17 

0 

To  Woodbury, 

52     2 

6 

To  Colchester, 

To  Farmingtown, 

305     6 

0 

To  Killingsworth, 

158  17 

6 

To  Canterbury, 

85     2 

6 

To  Preston, 

573     0 

6 

To  Stanford, 

445     7 

0 

To  Midletown, 

126  13 

0 

To  Wallingford, 

296     7 

0 

To  Glasseubury, 

621     1 

11 

To  East  Haddam, 

637  19 

0 

To  Mansfield, 

810     8 

0 

To  Waterbury, 

To  Hebron, 

208  10 

0 

To  New  Milford, 

97     7 

0 

.£1007 

7 

0 

132 

0 

0 

1061 

0 

0 

1377 

3 

0 

169  4  0 
230  16  0 


1526  2  0 
65  2  0 


325  4  0 
88  16  9 


176  14  0 
76  14  0 
65  0  0 


909  4  0 
229  0  0 


23  10  0 

[256]  Upon  the  memorial  of  the  inha'bitants  of  the  town  of 
Windsor,  shewing  to  this  Assembly  that  the  east  bounds  of 
the  town  of  Symsbury,  by  order  of  this  Assembly,  was  laid 
out  by  Messrs.  Nickols,  Steel  and  Stanly,  armo  Bom.  1687, 
which  said  line  was  confirmed  anno  Dom.  1710 ;  and  when 
the  town  of  Symsbury  was  laid  out  by  David  Goodrich,  Thomas 
Kimberly,  Esq^s,  and  Jonathan  Burnham,  they  began  at  the 
southeast  corner  at  the  ancient  monument  at  the  southeast 
corner  of  Symsbury,  being  a  white  oak  tree  with  stones  about 
it,  and  from  thence  run  the  easterly  bounds  of  Symsbury  to 
the  northeast  corner  thereof;  and  the  said  memorialists  shew- 
6 


42  PUBLIC    RECORDS  [May, 

ing  to  this  Assembly  that,  althS  the  said  white  oak  tree 
hath  for  above  fifty  years  been  perambulated  from  as  the 
southeast  corner  of  Symsbury,  yet,  of  late,  the  inhabitants  of 
the  town  of  Symsbury  have  refused  to  perambulate  the  bounds 
between  Symsbury  and  Windsor ;  and  thereupon  praying  to 
this  Assembly  to  declare  and  order  where  the  bounds  between 
the  towns  of  Windsor  and  Symsbury  is  and  shall  remain,  and 
appoint  a  committee  to  run  and  ascertain  the  same,  by  mak- 
ing monuments  therein  according  to  law  :  It  is  considered, 
resolved  and  declared,  that  the  bounds  between  the  towns  of 
Windsor  and  Symsbury  sliall  begin  at  the  white  oak  tree,  at 
the  southeast  corner  of  Symsbury,  (mentioned  in  the  report 
of  Messrs.  Goodrich,  Kimberly  and  Burnham,  when  they  laid 
out  the  town  of  Symsbury  ;)  and  from  thence  a  straight  line 
to  the  northeast  corner  of  Symsbury,  as  laid  out  by  Goodrich, 
Kimberly  and  Burnham,  is,  and  shall  remain  to  be,  the  divi- 
dend bounds  between  the  towns  of  Windsor  and  Symsbury. 
And  this  Court  do  appoint  and  fully  impower  Capt.  Thomas 
Wells  of  Glassenbury  and  Mr.  Jonathan  Burnham  of  Weath- 
ersfield,  to  run  the  said  dividend  line,  and  ascertain  the  same 
by  making  monuments  in  it,  according  to  law  ;  to  be  done  at 
the  cost  of  the  town  of  Windsor.  And  the  said  committee  are 
to  notify  the  selectmen  of  Symsbury  of  the  time  of  their  lay- 
ing out  said  line,  six  days  at  least  before  they  begin  the  work. 
Upon  the  petition  of  Jonathan  Ellsworth,  of  Windsor  in 
the  county  of  Hartford,  sole  surviving  executor  of  the  last 
•will  and  testament  of  John  Elliot,  late  of  Windsor  aforesaid, 
Esqr,  deceas'd,  against  Samuel  Strong,  of  said  Windsor,  and 
John  Parry,  of  Ashford  in  the  county  of  Windham,  and 
Bridgett  his  wife,  administrators  on  the  Estate  of  Mr.  Ebe- 
nezer  Fitch,  late  of  the  said  Windsor,  deceas'd,  shewing  to 
this  Assembly  that  the  said  Elliot,  in  and  by  his  last  will  and 
testament,  had  appointed  and  nominated  the  said  Ellsworth 
and  the  said  Fitch  his  executors,  who  had  accepted  said  trust, 
and  that  a  very  considerable  part  of  the  estate  of  the  said 
Elliot,  deceas'd,  had  come  into  the  hands  of  the  said  Fitch, 
deceas'd,  and  remained  in  his  hands  at  the  time  of  his  decease, 
&c.  ;  and  that  the  petitioner  could  have  no  remedy  in  the 
common  course  of  the  law  against  said  administrators ;  and 
thereupon  praying  this  Assembly  to  order  that  the  said  ad- 
ministrators shall  account  for  the  whole  of  the  estate  of  the 
said  testator,  Elliot,  that  came  into  the  hands  of  the  said  Fitch, 
deceas'd,  with  the  profits  thereof;  and  praying  this  Assembly 
to  appoint  auditors,  to  hear  and  adjust  the  said  accounts,  and 
make  return  of  their  award  at  the  sessions  of  this  Assembly 
in  October  next,  as  by  the   said  petition  appears.     The   said 


1736.]  OF      CONNECTICUT,  43 

petitianer  and  the  said  administrators  appeared,  and  the  said 
administrators  declared  they  had  nothing  to  object  against  this 
Assembly  granting  the  prayer  of  the  said  petitioner.  Where- 
[257]  upon  this  Assembly  do  order  and  appoint  ||  that  Wil- 
liam Pitkin,  Esq"",  and  Capt.  Thomas  Seym  Mir,  both  of  Hart- 
ford, and  Capt.  John  Bissell  of  Bolton,  sliall  be  auditors,  to 
hear  the  accounts  aforesaid  and  the  parties  thereon,  and  adjust 
and  settle  the  same,  and  make  report  of  their  award  and 
doings  in  the  premises  to  this  Asseml)ly  at  their  sessions  in 
October  next. 

Upon  the  petition  of  James  Harriss  of  New  London  vs. 
Peregrine  Gardner  of  said  New  London,  praying  for  a  new 
tryal  of  a  case  between  them,  which  had  its  final  tryal  at  the 
superiour  court  at  Norwich  in  March  last,  and  for  a  reversal  of 
said  judgment :  Resolved  by  this  Assembly,  that  the  said 
Harriss  have  another  tryal  of  said  case  at  the  superiour  court 
to  be  held  at  New  Londoii  on  the  fourth  Tuesday  of  Septem- 
ber next,  and  that  the  future  cost  only  follow  the  final  judg- 
ment in  said  case. 

Upon  the  petition  of  Nathaniel  Burnham  and  Daniel  War- 
ner of  Weathersfield,  complaining  of  wrong  done  them  by  a 
jury  appointed  and  sent  out  by  the  county  court  in  tl\e  county 
of  Hartford  to  lay  out  a  highway  thrS  several  divisions  of 
land  in  said  Weathersfield;  praying  that  a  jury  may  be  again 
sent  out  to  lay  out  said  way,  in  such  place  as  they  may  think 
proper,  and  also  to  apprize  what  damages  any  particular  per- 
son may  sustain  thereby :  Resolved  by  this  Assembly,  that 
the  adjourn'd  county  court,  to  be  holden  at  Hartford  in  June 
next,  do,  by  their  order,  direct  the  sheriff  of  the  county  to 
summon  a  jury  of  good  and  lawful  men  of  the  county,  to  lay 
out  said  highway  anew,  in  part  or  whole  as  they  shall  think 
proper,  and  apprize  what  damages  particular  persons  may 
sustain  thereby  ;  and  particularly,  to  apprize  what  damages 
the  petitioners  may  sustain  by  the  new  laying  out  proposed  or 
by  reason  of  the  former  laid  out,  if  the  jury  that  shall  be 
summoned  and  sent  out  by  order  of  said  county  court  approve 
of  the  former  laying  out ;  provided  the  petitioners  will  be  at 
the  charge  of  the  application  to  the  county  court,  jury,  &c. 

Upon  the  prayer  of  Abigail  Wills  of  Windsor,  shewing  to 
this  Assembly  that  she  is  under  distressing  circumstances, 
being  impotent  and  unable  to  support  herself,  and  the  two 
towns  of  Hartford  and  Windsor  (to  one  of  which  she  un- 
doubtedly belongs)  refusing  to  afford  her  any  relief,  whereby 
she  is  in  danger  of  perishing  for  want  of  sustenance  :  Re- 
solved by  this  Assembly,  that  the  said  Abigail  Wills  (as  soon 


44  PUBLIC      EECORDS  [Maj, 

as  she  conyeniently  may)  be  carried  to  Windsor,  (where  her 
right  of  dower  was,  till  of  late  disposed  of,)  and  there  deliv- 
ered to  one  of  the  selectmen  or  overseers  of  the  poor  in  said 
town,  who  are  hereby  commanded  to  receive  said  Abigail 
Wills  and  provide  for  her  as  their  own  poor,  until  they  shall 
be  by  law  discharged  therefrom.  And  it  is  further  resolved, 
that  the  said  selectmen,  for  the  time  being,  shall,  and  they 
have  hereby  full  and  free  lil^erty  to  take  out  a  writ  of  scire 
facias  against  the  town  of  Hartford,  (if  they  see  cause,)  to 
appear  at  the  superionr  court  in  Hartford  and  shew  cause  why 
they  should  not  be  chargeable  with  the  maintenance  of  said 
Abigail  Wills ;  which  court  shall,  upon  hearing  the  parties, 
determine  the  case  according  to  law. 

Upon  the  petition  of  John  Dowde  vs.  Charles  Hazelton  : 
Resolved  by  this  Assembly,  that  the  evidences  of  James  and 
Benjamin  Right,  given  into  this  Court  by  the  petitioner,  shall 
lye  on  the  files  of  this  Court ;  and  in  case  the  bond  referred 
to  in  the  petition  be  ever  put  in  suit,  the  said  evidences  shall 
be  received  and  improved  in  the  tryal,  and  be  accepted  of 
[258]  equal  credit  and  force  as  if  the  witnesses  were  ||  pres- 
ent, in  case  the  witnesses,  or  either  of  them,  cannot  be  at 
the  tryal,  by  reason  of  death,  sickness,  being  out  of  the  gov- 
ernment, or  any  extraordinary  providence.  And,  inasmuch 
as  it  appears  very  suspicious  that  the  said  bond  was  fraudu- 
lently obtained :  It  is  resolved  by  this  Assembly,  that  the  said 
bond  be  put  in  suit  within  the  space  of  one  year  after  the  ris- 
ing of  this  Assembly  ;  and  forever  after,  whoever  would  take 
benefit  thereby  shall  be  wholly  barred  and  secluded.  Cost 
alloived  the  petitioner  is  £S  18s.  4cZ. 

On  the  petition  of  Joshua  Raymond,  agent  for  the  north 
parish  in  New  London,  vs.  James  Hilhouse,  &c. :  The  question 
was  put,  whether  anything  should  be  granted,  and  resolved 
by  this  Assembly  in  the  negative. 

On  the  petition  of  Daniel  Dickingson  vs.  Nathaniel  Rizley 
and  Elizabeth  his  wife,  and  David  Rizley  and  Abigail  his 
wife :  The  question  was  put,  whether  anything  should  Ije 
granted,  and  resolved  by  this  Assembly  in  the  negative. 
Cost  alloived  respondents  is  £2  19s.  Sd. 

On  the  petition  of  Simon  Chapman  of  Windsor  vs.  William 
Thrall  of  Windsor :  The  question  was  put,  whether  anything 
should  be  granted,  and  resolved  by  this  Assembly  in  the  neg- 
ative.     Cost  allowed  the  respondent  is  X3  15s.  5d. 

The  petition  of  Jacob  Gray,  Isaac  Gray,  William  Gray, 
Samuel  Gray,  Thomas  Disbrough  and  Abigail  his  wife,  John 
Nott  and  Martha  his  wife,  Sarah  Jackson,  all  of  Fairfield, 


1736.]  OF      CONNECTICUT.  45 

and  Christopher  Sturgis  and  Mary  his  wife,  of  Stamford  vs. 
Andrew  Burr  and  the  rest  of  the  proprietors  of  the  common 
and  undivided  land  in  Fairfield,  being  read  and  the  parties 
heard  upon  the  same  :  The  question  was  put,  whether  any- 
thing should  be  granted  thereon,  and  resolved  by  this  Assem- 
bly in  the  negative.  Cost  allowed  the  respondents  is  £4:  15s. 
lOd.     Ex.  granted  May  22th,  1736. 

Upon  the  memorial  of  the  inhabitants  of  the  town  of  Ash- 
ford,  shewing  to  this  Assembly  that,  anno  Dora.  1714,  by 
order  of  the  General  Court,  they  procured  the  bounds  of  said 
town  to  be  set  out,  beginning  at  Pomfrett  northwest  corner 
and  extending  thence  to  Woodstock  southwest  corner,  and 
from  thence  northward  to  a  heap  of  stones  on  a  rock  upon 
the  southeasterly  side  of  a  large  hill  westward  of  and  not  far 
distant  from  a  meadow  lying  on  Still  River,  so  called,  near 
the  west  bounds  of  Woodstock ;  that,  in  the  year  1723, 
Thomas  Kimberly,  survey  our  of  the  county  of  Hartford,  was 
directed  to  run  a  line  for  the  west  bounds  of  Ashford,  and  to 
begin  at  the  nine  mile  and  half  tree,  (so  called,)  in  the  line 
of  Windham  and  Mansfield,  and  to  continue  a  north  line  from 
thence  with  the  variation  of  nine  degrees  east  till  it  intersected 
Coll.  Allyn's  north  line  aforesaid ;  that,  in  May,  1724,  the 
said  inhabitants  obtained  a  patent,  wherein  said  north  bounds 
is  particularly  expressed  and  confirmed  to  be,  from  said  rock 
and  stones  laid  on  it  by  Coll.  Allyn,  and  to  extend  six  miles 
and  half  west  nine  degrees  north,  being  the  course  run  or  in- 
tended to  be  run,  by  said  Coll.  Allyn  ;  that,' in  October  last 
past,  the  county  sujweyour  of  Windham  county  run  said  north 
line  from  said  northeast  bounds,  whereby  it  appeared  that  the 
north  bounds  of  said  town  were  not  well  set  out  according  to 
their  patent ;  and  praying  this  Assembly  to  enact,  that  the 
doings  of  said  county  surveyour  of  Windham  county,  in  ascer- 
[259]  taining  the  said  bounds,  be  confirmed  and  ratified  :  || 
Thereupon  resolved  and  declared  by  this  Assembly,  that  a  line 
beginning  at  a  rock  with  a  heap  of  stones  upon  it,  which 
stones  are  marked  W  on  the  one  side,  for  Woodstock,  and  A 
on  the  south  side,  for  Ashford,  which  is  the  northeast  corner 
of  said  Ashford,  and  [J,  for  Union,  on  the  westerly  side, 
thence  west  nine  degrees  north  to  the  extent  of  six  miles  and 
thirty  rods  to  a  stake  and  heap  of  stones  thirty  nine  rods  due 
north  from  a  stake  and  stones  set  up  by  Mr.  Kimberly  for 
Ashford  northwest  corner,  shall  be  and  remain  to  be  the  north 
bounds  of  the  town  of  Ashford  forever. 

Upon  the  memorial  of  John  Hurlburt  and  others,  inhabi- 
tants of  the  town  of  Woodbury,  shewing  to  this  Assembly  the 
great  difficulties  they  are  exposed  unto  in  their  attendance 


4(3  PUBLIC     RECORDS  [May, 

upon  the  publick  worship  of  God  in  the  northern  society  in 
Woodbury,  to  which  they  beloni^,  and  praying-  for  relief :  Re- 
solved by  this  Assembly,  tliat  Messrs.  Isaac  Dickerman,  John 
Riggs,  and  John  Bostwick,  jun'r,  be  a  committee,  at  the 
charge  of  the  memorialists,  to  repair. to  the  town  of  Wood- 
bury and,  having  given  notice  to  the  inhabitants  in  the  north 
society  in  Woodbury,  to  view  tlie  circumstances  of  the  me- 
morialists and  consider,  whether  it  be  convenient  to  make  them 
a  distinct  society  with  the  bounds  and  limits  proposed  in  their 
memorial,  and  make  report  to  this  Assembly  in  October  next. 

Upon  the  memorial  of  James  Norman  of  Norwich,  admin- 
istrator on  the  estate  of  Nathaniel  Leflingwell,  late  of  said 
Norwich,  deceas'd,  shewing  to  this  Assembly  that  the  debts 
due  from  the  said  deceas'd  amounted  to  the  sum  of  <£100  l^s. 
2c?.,  more  than  the  personal  estate  of  said  deceas'd,  and  that 
he  hath  nothing  in  ]iis  hands  for  th.e  payment  of  said  sum ; 
also  shewing  that  there  is  a  large  estate  in  lands,  of  which  the 
deceas'd  dyed  possessed  and  seized  ;  praying  that  he  may  be 
impowred,  by  the  order  and  direction  of  this  Assembly  with  the 
concurrent  direction  of  the  court  of  probate  in  the  county  of 
New  London,  to  sell  so  much  of  the  said  lands  as  will  be 
sufficient  for  the  payment  of  the  said  XlOO  lo.s.  2d.,  together 
with  the  necessary  costs  of  the  said  memorial  and  sale  afore- 
said, to  be  allowed  by  said  court  of  probate ;  as  by  the  said 
memorial  appears :  This  Assembly  have  thereupon  ordered  and 
fully  impowred  the  said  James  Norman  to  make  sale  of  so 
much  of  the  lands  of  the  said  deceas'd  as  may  be  sufficient 
for  the  payment  of  the  said  sum  of  XlOO  13s.  2c?,  with  the 
necessary  charges  aforesaid,  to  be  allowed  by  and  according 
to  the  direction  of  tlie  court  of  probate  in  New  London. 

On  the  memorial  of  James  Cone,  agent  for  the  parish  of 
Millington,  in  the  township  of  East  Haddam,  praying  this 
Assembly  to  appoint  such  method  as  this  Court  shall  think 
best  for  prefixing  a  place  to  erect  a  meeting  house  upon  in 
said  society :  Granted,  that  Giles  Hall,  Richard  Lord,  and 
Samuel  Willard,  Esqi's,  be  a  committee  to  repair  to  said  parish 
of  Millington  and  ascertain  a  place  they  shall  think  most 
proper  and  convenient  for  erecting  a  meeting  house  in  said 
parish,  and  report  their  opinion  to  this  Assembly  in  October 
next. 

Upon  the  memorial  of  the  inhabitants  .of  the  uorthei'ly  and 
northwesterly  parts  of  the  town  of  Mansfield,  shewing  to  this 
Assembly  that  many  of  the  inhabitants  in  said  town  live  very 
remote  from  the  place  of  the  publick  worship  of  God  in 
Mansfield,  and  are  laid  under  very  great  difficulties  in  their 
attendance  upon  the  same  ;  and  that,  in  consideration  thereof. 


1736.]  OP      CONNECTICUT.  47 

[260]  the  inhabitants  of  said  town  did,  February  last  ||  past, 
vote  and  agree  to  apply  themselves  to  this  Assembly  for  a 
committee  to  view  their  circumstances,  see  if  it  were  conven- 
ient to  divide  said  town  into  two  distinct  societies,  and,  if  so, 
to  fix  a  divisional  line,  &c. :  Resolved  by  this  Assembly,  that 
William  Pitkin,  Esq'',  John  Marsh  and  p]benezer  West,  Esq'% 
be  a  committee  to  repair  to  the  town  of  Manslield,  and  hav- 
ing notified  the  said  inhabitants,  to  view  their  circumstances, 
and  hear  them  in  relation  to  said  proposed  division,  and,  upon 
their  judging  the  same  convenient,  proceed  to  draw  and  de- 
scribe a  divisional  line,  and  make  report  to  this  Assembly  in 
October  next. 

Upon  the  memorial  of  the  inhabitants  of  the  parish  of  New 
Cheshire  in  Wallingford,  by  their  agent,  Benjamin  Hall  of 
said  parish,  shewing  to  this  Assembly  that  the  said  parish  did, 
by  their  vote,  (wherein  more  than  two-thirds  of  said  inhabi- 
tants qualified  by  law  to  vote  were  in  the  affirmative,)  agree 
to  build  a  meeting-house  for  the  publick  worship  in  said  par- 
isli ;  and  praying  this  Assembly  to  appoint  a  committee  to 
affix  and  ascertain  the  place  for  the  said  parishioners  to  build 
a  meeting-liouse  upon  :  This  Assembly  do,  therefore,  appoint 
William  Wadsworth,  John  Riggs,  Esq's.,and  Capt.  Jonathan 
Allyn,  to  be  a  committee  to  repair  to  said  parish  and  to  view 
the  circumstances  thereof,  and  satisfy  themselves  as  to  the 
most  suitable  place  for  the  said  parishioners  to  build  a  meet- 
ing-house upon,  and  make  report  to  this  Assembly  in  October 
next.  _ 

Upon  the  memorial  of  Joshua  Raymond,  of  the  north  parish 
in  New  London,  agent  for  said  parish,  shewing  to  this  Assem- 
bly that  Joseph  Backus,  Esq^.,  Messrs.  Simon  Lothrop  and 
John  Huntington,  auditors  appointed  by  this  Assembly  to  set- 
tle accounts  between  the  said  parish  and  Mr.  Hilhouse,  had 
found  the  said  parish  in  arrears  oSTZ.  9s.  3cZ.,  of  which  part 
was  paid,  and  that  said  parish  had  granted  a  rate  of  six  pence 
on  the  pound  to  ballance  the  whole,  and  no  man  in  said  parish 
could  be  prevailed  upon  to  gather  the  said  rate,  &c.;  praying 
that  the  sheriff  of  New  London  county  might  be  appointed  to 
collect  the  same  and  pay  the  same  to  the  committee  of  said  parish 
in  two  months,  and  to  allow  him  the  same  fees  as  the  law 
allows  in  other  cases,  and  that  the  execution  issued  out  against 
said  parish  for  the  arrears  aforesaid  may  be  suspended  two 
months  :  This  Assembly  grants  the  prayer  of  said  memorial- 
ist, and  the  said  sheriff  is  hereby  ordered  to  collect  tlie  said 
rate  and  make  payment  thereof  to  the  said  committee,  taking 
the  fees  allowed  by  law  in  other  cases ;  and  that  the  said  ex- 


48  PUBLIC    RECORDS  [May, 

ecution  against  said  parish  be,   and  the  same  is  hereby  or- 
dered to  be,  suspended  for  two  months. 

Upon  consideration  of  the  memorial  of  the  Rev^.  Timothy 
Woodbridge  of  Symsbury,  the  memorial  of  the  inhabitants  of 
the  north  society  in  Symsbury,  tlie  memorial  of  the  inhabitants 
of  the  south  society  in  Symsbury,  tlie  memorials  of  the  in- 
habitants of  Turky  Hills  in  Symsbury,  the  inhabitants  of  the 
north  part  of  Symsbury  called  Salmon  Brook,  The  Falls,  and 
Higieys,  the  memorial  of  sundry  persons  living  in  Symsbury, 
Windsor  and  Farmingtown:  It  is  resolved,  that  Roger  Wolcott, 
Esqr,  James  Wadsworth,  Esq'",aud  Capt.  Thomas  Wells,  be  a 
committee,  and  they  are  hereby  appointed  a  committee,  to  re- 
pair to  Symsbury,  upon  the  costs  of  the  memorialists,  and  to 
hear  the  parties  on  said  memorials,  and  consider  the  same, 
[261]  and  make  ||  their  report,  liow  they  find  the  true  state 
of  the  matters  laid  in  said  memorials,  with  their  opinion 
thereupon,  to  this  Assembly  in  October  nest.  The  said  com- 
mittee are  to  direct  and  advise  the  people  of  Symsbury,  in 
wliat  manner  to  defray  the  ministerial  charges  in  said  town 
for  six  months  last  past,  and  until  the  latter  end  of  October 
next. 

Whereas  this  Assembly,  in  its  sessions  at  New  Haven, 
October,  anno  Dom.  1735,  did,  upon  the  memorial  of  Samuel 
Kingsbury,  grant  liberty  that  Josiah  Conant,  surveyour  of  the 
county  of  Windham,  should  survey  and  make  an  apprizal  of 
two  certain  tracts  of  ungranted  lands  belonging  to  this  govern- 
ment, lying  in  the  mile  of  land,  so  called,  that  lyes  adjoyning 
to  Yoluntown,  which  pieces  of  land  lye  near  and  adjoyning  to 
the  land  of  said  Samuel  Kingsbury,  in  order  to  the  said  Kings- 
bury's having  said  land  made  sure  to  him ;  and  the  said  sur- 
veyour having  surveyed  said  land  and  laid  a  plat  of  the  same, 
as  also  his  apprizal  of  the  same,  before  this  Assembly,  which 
is  accepted  ;  and  granted,  that  if  the  said  Kingsbury  shall  pay 
to  the  Treasurer  of  this  Colony,  for  the  use  of  the  govern- 
ment, the  sum  of  twenty-two  pounds  fourteen  shillings  and 
three  pence  in  good  bills  of  publick  credit,  at  or  before  the 
first  day  of  October  next,  that  then  he  have  a  patent  executed 
for  the  same  in  due  form  by  the  Governour  and  Secretary. 

Upon  the  memorial  of  the  inhabitants  of  Stafford,  shewing 
to  this  Assembly  their  indigent  circumstances,  and  difficulty 
to  support  the  gospel  ministry  among  them,  praying  for  a  tax 
on  all  the  unimproved  land  within  said  town  :  Granted  by 
this  Assembly,  that  the  town  of  Stafford  aforesaid  are  allowed 
and  impowred,  for  the  space  of  four  years  next  ensuing,  to 
levy  a  tax  of  one  penny  per  acre  per  annum  on  all  the  unim- 


1736.]  OF      CONNECTICUT.  49 

proved  lands  within  said  town,  and  the  money  so  raised  shall 
be  by  the  collector  of  said  town  collected  and  paid  into  the 
hands  of  John  Huntington,  Esq"",  and  Capt.  Samuel  Chapman, 
of  Tolland,  they  or  either  of  them  to  receive  and  improve  the 
same  for  the  support  of  the  gospel  ministry  in  said  town. 

Upon  the  memorial  of  Ebenezer  Sage  of  Midletown,  admin- 
istrator on  the  estate  of  Samuel  Stow,  jun.,late  of  said  Midle- 
town, deceas'd,  shewing  to  this  Court  that  the  debts  due  from 
the  estate  of  said  deceas'd  surmount  the  moveable  part  of  said 
estate  the  sum  of  104^.  19s.  lOt^.,  also  shewing  that  there  is  real 
estate  of  which  the  deceas'd  dyed  seized,  of  which  lyeth  in  a 
house  about  four  acres  of  homestead,  &c.,  and  thereupon  pray- 
ing this  Assembly  to  impower  the  memorialist  to  sell  the  said 
house  and  so  much  of  the  land  of  said  deceas'd  as  may  be 
sufficient  to  procure  and  pay  the  said  sum  of  104L  19s.  IQd. 
together  with  the  necessary  charges  thereon,  to  be  sold  as  the 
court  of  probate  in  Hartford  shall  direct :  This  Assembly  do 
thereupon  order  and  fully  impower  the  said  administrator,  to 
sell  the  said  house,  and  so  much  of  the  lands  of  the  said  Stow, 
deceas'd,  as  shall  be  sufficient  for  the  payment  of  the  said  sum 
of  104/.  19s.  lOd.  with  the  necessary  charges  arising  on  such 
sale,  according  to  the  direction  of  the  court  of  probate  in  Hart- 
ford aforesaid. 

Upon  a  representation  made  by  some  of  the  inhabitants  in 
Colchester,  Hebron  and  Glassenbury,  of  their  difficulty  in  at- 
tending upon  and  having  access  to  the  publick  worship  of  God 
in  the  aforementioned  places  to  which  they  respectively  belong, 
shewing  also  that  they  have  obtained  the  liberty  of  the  minis- 
[2G2]  ters  whereto  they  ||  belong,  to  hire  an  orthodox  minis- 
ter to  preach  the  word  of  God  to  and  amongst  them  ;  praying 
this  Assembly  would  grant  them  the  aforesaid  privilege :  Re- 
solved by  this  Assembly,  that  the  memorialists,  inhabitants  as 
'  aforesaid,  shall  and  may  have  liberty  of  hiring  an  orthodox 
minister  to  preach  the  word  of  God  to  them  as  prayed  for  ; 
provided  that  the  minister  they  shall  hire,  &c.,  be  one  that 
hath  the  approbation  of  some  association  in  the  government ; 
and  they  are  hereby  granted  liberty  of  having  a  minister  as 
aforesaid,  with  the  approbation  of  some  association  as  aforQ- 
said ;  provided  also,  that  they  be  not  excused  from  taxes  to- 
wards the  support  of  the  gospel  ministry  and  other  society 
charges  in  tlie  societys  to  which  they  respectively  belong. 

Upon  the  memorial  of  the  inhabitants  of  the  town  of  New 
Milford,  praying  for  liberty  to  ask  the  contribution  of  such  as 
this  Assembly  shall  think  proper,  towards  building  a  bridge 
over  the  river  at  said  New  Milford  :  Granted,  that  the  select- 

7 


50  PUBLIC    RECOEDS  [May, 

men  of  said  town  have  liberty  to  ask  the  contribution  of  such 
persons  as  they  shall  see  cause,  within  the  counties  of  New 
Haven  and  Fairfield,  to  the  amount  of  X200  ;  and  that  they 
keep  an  exact  account  of  what  they  so  receive  and  of  their 
disposition  of  the  same,  and  lay  it  before  the  Hon^'^  Jonathan 
Law  and  Samuel  Eells,  Esq^^,  for  their  approbation. 

On  the  memorial  of  John  Winston  of  New  Haven,  &c. : 
Granted,  that  the  said  memorialist  be  released  and  exempted 
from  being  charged  for  his  head  in  the  publick  lists  for  the 
future,  and  is  hereby  released  and  exempted  accordingly. 

Upon  the  petition  of  Samuel  Smith  and  the  rest  of  the  in- 
habitants that  attend  the  publick  worship  of  God  in  the  meet- 
ing house  in  the  west  parish  in  New  Haven,  setting  forth  the 
difficult  circumstances  of  said  parish,  being  unable  to  settle 
and  support  a  gospel  minister  among  themselves,  after  so 
many  disappointments  :  This  Assembly  do  grant  to  said  in- 
habitants the  sum  of  forty  pounds  a  year,  for  the  space  of  four 
years  next  coming,  to  be  paid  out  of  the  publick  tax  that  shall 
be  levyed  by  order  of  this  Assembly  upon  the  town  of  New 
Haven.  And  Joseph  Whiting,  Esq'',  and  Capt.  Isaac  Dicker- 
man  are  to  receive  such  sums  of  money,  and  take  effectual 
care  tliat  the  same  be  improved  for  the  settling  or  supporting 
of  an  orthodox  gospel  minister  in  said  parish. 

This  Assembly  grants  to  his  Honour  the  Govern  our  the 
sum  of  three  hundred  and  fifty  pounds  for  his  service  the  year 
current,  one  half  to  be  paid  in  June  next,  the  other  half  in 
October  next. 

This  Assembly  grants  to  his  Honour  the  Deputy  Governour 
the  sum  of  one  hundred  and  seventy-five  pounds  for  his  service 
the  year  current,  and  that  the  one  half  be  paid  in  June  next, 
and  the  other  half,  in  October  next. 

This  Assembly  grants  to  Francis  Wilks,  Esq"",  Agent  for 
this  Colony,  &c.,  the  sum  of  one  hundred  and  fifty  pounds  in 
bills  of  credit,  to  be  paid  him  out  of  the  publick  treasury,  for 
his  years  salary. 

An  Act  for  Emitting   Bills  of  Credit  for  the  Payment 
of  the  Publick  Debts  of  this  Colony. 

Whereas  this  Assembly  have  been  informed  from  the  Treas- 
urer of  this  Colony  that  he  hath  not  a  sufficiency  of  money  in 
his  hands  to  defray  the  charges  of  this  Colony, 

[263]  Be  it  enacted  hy  the  Governour,  Council  and  Repre- 
sentatives, in  General  Court  assembled,  and  hy  the  authority  of 
the  same.  That  the  said  Treasurer  shall  be,  and  he  is  hceby, 
impowred  and  authorized,  to  issue  out  and  deliver  the  sum 
of  one  thousand  pounds  of  the  exchange  bills  of  the  new  im- 


1736.]  OF      CONNECTICUT.  51 

pression  now  in  his  hands,  towards  the  payment  of  the  debts 
and  necessary  charges  of  this  Colony,  according  to  such 
orders  as  shall  be  given  him  from  time  to  time  according  to 
law. 

And  be  it  further  enacted  by  the  authority  aforesaid^  That  as 
a  fund  or  security  for  the  repayment  and  drawing  in  of  said 
bills  into  the  treasury  again,  this  Assembly  grants  a  tax  or  rate 
of  one  thousand  and  fifty  pounds,  to  be  levyed  on  the  polls 
and  all  other  rateable  estate  within  this  Colony,  and  to  be 
paid  into  the  treasury  at  or  before  the  last  day  of  May,  A.  D. 
1741  ;  which  said  rate  shall  be  paid  in  bills  of  credit  of  this 
Colony  with  the  advance  of  twelve  pence,  or  in  money  as  it 
passeth  generally  in  the  country  at  the  time  of  payment,  and 
in  no  other  manner. 

An  Act  for  Emitting  Bills  of  Credit. 

Whereas  there  is  in  the  hands  of  Mr.  John  Whiting,  Treas- 
urer of  this  Colony,  the  sum  of  nine  hundred  sixty-one  pounds 
five  shillings  and  one  penny  half  penny,  in  good  bills  fit  for 
further  service,  which  were  bro't  in  by  the  rate  granted  Octo- 
ber, A.  D.  1785,  and  are  lodged  in  the  treasury  for  the  further 
disposal  of  this  Assembly: 

It  is  enacted  by  the  Grovernour,  Council  and  Representatives^ 
in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  the  said  Treasurer  shall  be,  and  he  is  hereby,  authorized 
and  impowred  to  issue  out  and  deliver  the  aforesaid  sum  of 
X961  5s.  Id.  ^ob.  towards  the  payment  of  the  debts  and 
necessary  charges  of  this  Colony,  according  to  such  orders  as 
shall  be  given  him  from  time  to  time,  according  to  law. 

Cost  allowed  Nathaniel  Fuller  of  Ashford,  for  his  attend- 
ance &c.  to  answer  the  petition  of  Edward  Hutchinson,  Esqf, 
and  Mrs.  Mary  Wolcott,  which  was  negativ'd,  XI  3s.  IQd. 

Whereas  the  business  of  this  Assembly  has  drawn  out  their 
present  sessions  to  such  a  length  that  all  the  members  thereof 
cannot,  without  great  inconvenience,  stay  to  hear  the  records 
of  the  acts  of  this  Assembly  read  off  and  compleated : 

This  Assembly  do  order  and  appoint  Roger  Wolcott,  Na- 
thaniel Stanly,  Ozias  Pitkin,  William  Pitkin,  Esqi's,  Capt.  John 
Marsh,  Mr.  Joseph  Buckingham,  Capt.  William  Wadsworth, 
Capt.  John  Chester,  Capt.  Thomas  Wells,  Capt.  Henry  Allyn, 
and  Mr.  Roger  Newberry,  a  committee,  in  the  name  and  be- 
half of  this  Assembly,  to  attend  his  Honour  the  Governour,  to 
hear  the  records  of  the  acts  of  this  Assembly  read  off,  and  to 
see  them  perfected  and  then  signed  by  the  Secretary  as  com- 
pleat. 

The  several  Acts,  Grants  and  Orders  of  this  Assembly,  as 
they  stand  entered  in  the  pages  of  this  book  next  preceding, 


52  PUBLIC      RECORDS  [Oct- 

were  read  in  the  presence  of  his  Honour  the  Governour  and 
the  committee  above  named,  and  by  them  ordered  to  be  signed 
by  the  Secretary  as  compleat. 

George  Wyllys,  Secretary. 


[264]    Connectiadt 
Colony. 

At  a  General  Assembly  holden  at  New  Haven  in  his 
Majesties  English  Colony  of  Connecticutt  in  New  Eng- 
land IN  America,  on  the  second  Thursd4.y  of  October, 
(being  the  14th  day  of  said  month,)  Anno  Regni  Regis 
Georgii  2di,  Magn^  Britannia  &c.  10"io,  Annoque  Dom- 
ini 1736. 

Preseyit: 
The  Honourable  Joseph  Talcott,  Esq^,  Governour. 
The  Hon^'e  Jonathan  Law,  Esq'',  Deputy  Governour. 

Samuel  Eells,  Timothy  Pierce,     "^ 

Roger  Wolcott,  John  Burr, 

James  Wadsworth,     Sami  Lvnde,  I    tti     ,      a     ■  j.     ^ 

Nathi  Stanly,  Edmund  Lewiss,     >  Esq-,  Asm^ant.. 

Joseph  Whiting,  William  Pitkin,       | 

Roger  Newton,       J 

Representatives  or  Deputies  (that  ivere  returned  to  attend  at  this 
'    Assembly')  are  as  follow,  ('^iz.) 

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

Mr.  John  Richards,  Mr.  Joshua  Raymond,  for  New  London. 

Mr.  Eleazer  Carey,  Mr.  Thomas  Dyer,  for  Windham. 

Mr.  Joseph  Palmer,  Mr.  Theophilus  Baldwin,  for  Stoningtown. 

Mr.  Benjamin  Hall,  Mr.  Theophilus  Yale,  for  Wallingford. 

Mr.  William  Gold,  Mr.  Thomas  Harrison,  for  Branford. 

Mr.  Experience  Porter,  Mr.  Thomas  Stores,  for  Mansfield. 

Mr.  Isaac  Kendal,  Mr.  Philip  Eastman,  for  Ashford. 

Mr.  Benjamin  Skinner,  Mr.  Hezekiah  Gaylord,  for  Hebron. 

Mr.  John  Bostwick,  Mr.  Theophilus  Baldwin,  for  New  Milford. 

Mr.  John  Humphrey,  for  Symsbury. 

Mr.  Joseph  Strong,  Mr.  Peter  Buel,  for  Coventry. 

Mr.  Jonathan  Ailing,  Mr.  Joseph  Mix,  for  New  Haven. 

Mr.  Ebenezer  Silliman,  Mr.  John  Silliman,  for  Fairfield. 

Mr.  James  Avery,  Mr.  John  Chester,  for  Groton. 

Mr.  Nathan  Baldwin,  Mr.  Robert  Treat,  for  Milford. 

Mr.  Joseph  Tracy,  Mr.  Isaac  Huntington,  for  Norwich. 

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

Mr.  Anthony  Judd,  Mr.  John  Hart,  for  Farmingtown. 

Mr.  Stephen  Hopkins,  Mr.  Thomas  Clark,  for  Waterbury. 


1736.]  OF      CONNECTICUT.  53 

Mr.  Isaac  Cutler,  Mr,  John  D wight,  for  Killingly. 
Mr,  Hezekiah  Brainerd,  for  Hacldam. 
Mr.  Samuel  Olmstead,  for  East  Haddam, 
Mr.  Thomas  Wells,  Mr.  Jonathan  Hale,  for  Glassenbury. 
Mr.  Abel  Lyon,  Mr.  8eth  Paine,  for  Pomfrett. 
[265]    Mr.  Samuel  Hill,  Mr.  Timothy  Stone,  for  Guilford. 
Mr.  Jonathan  Hoit,  Mr.  Jonathan  Maltbie,  for  Stanford. 
Mr.  John  Riggs,  Mr.  Samuel  Bassett,  for  Derby. 
Mr.  Elihu  Chauncy   Mr.  Nathan  Camp,  for  Durham. 
Mr.  Samuel  Hanford,  Mr.  John  Betts,  for  Norwalk. 
Mr.  George  Phillipse,  Mr.  Jabez  Hamlin,  for  Midletown. 
Mr.  John  Lane,  Mr.  John  Stevens,  for  Killingsworth. 
Mr.  Hezekiah  Park,  Mr.  Mark  Williams,  for  Preston. 
Mr.  Henry  Allyn,  Mr.  Roger  Newberry,  for  Windsor. 
Mr.  Ebenezer  West,  Mr.  Jonath"  Trumble,  for  Lebanon. 
Mr.  Joseph  Minor.  Mr.  Noah  Hinman,  for  Woodbury. 
Mr.  James  Beebe;  Mr.  Thomas  Benedict,  for  Danbury. 
Mr.  John  Bulkley,  Mr.  Israel  Newton,  for  Colchester. 
Mr.  Joseph  Blackleach,  Mr.  Daniel  Halley,  for  Stratford. 
Mr.  Joseph  Addams,  Mr.  Jabez  Fitch,  for  Canterbury. 
Mr.  David  Goodrich,  Mr.  John  Chester,  for  Weathersfield. 
Mr.  Samuel  Willard,  Mr.  Jedadiah  Chapman,  for  Saybrook. 
Mr.  Ephraim  Kingsbury,  Mr.  William  Marsh,  for  Plainfield. 
Mr.  James  Raynolds,  Mr.  Nathaniel  Peck,  for  Greenwich. 

Mr.  Ebenezer  Silliman,  Speaker  )  of  the  House  of  Repre- 

My.  John  Richards,  Clerk  j  sentatives. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Bird 
of  Litchfield  to  be  Captain  of  the  2d  company  or  trainband 
in  the  town  of  Litchfield,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  David  Baldwin 
of  Litchfield  to  be  Lieutenant  of  the  2d  company  or  trainband 
in  the  town  of  Litchfield,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Abraham  Good- 
win of  Litchfield  to  be  Ensign  of  the  2d  company  or  trainband 
in  the  town  of  Litchfield,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel 
Woodruff  of  Litchfield  to  be  Lieutenant  of  the  1st  company 
or  trainband  in  the  town  of  Litchfield,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Josiah  Walker 
of  Litchfield  to  be  Ensign  of  the  1st  company  or  trainband  in 
the  town  of  Litchfield,  and  order  that  he  be  commissioned 
accordingly. 


54  PUBLIC      RECORDS  [Oct. 

This  Assembly  do  establish  and  confirm  Mr.  Jonathan  Brew- 
ster of  Norwich  to  be  Lieutenant  of  the  5th  company  or  train- 
band of  the  town  of  Norwich,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Web- 
ster to  be  Captain  of  the  4th  company  or  trainband  in  the 
towji  of  Hartford,  and  order  that  he  be  commissioned  accord- 
ingly. 

[266]  This  Assembly  do  establish  and  confirm  Mr.  Isaac 
Kellogg  of  Hartford  to  be  Lieutenant  of  the  4th  company  or 
trainband  in  the  town  of  Hartford,  and  order  that  he  be  com- 
missioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Swet- 
land  of  Hebron  to  be  Captain  of  the  north  company  or  train- 
band in  the  town  of  Hebron,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Benoni  Trum- 
ble  of  Hebron  to  be  Lieutenant  of  the  north  company  or  train- 
band in  the  town  of  Hebron,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jonathan 
White  of  Hebron  to  be  Ensign  of  the  north  company  or  train- 
band in  the  town  of  Hebron,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Benjamin  Fas- 
sett  to  be  Lieutenant  of  the  company  or  trainband  taken  off 
partly  from  Pomfrett,  partly  from  Canterbury  and  Mortlake, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly^  do  establish  and  confirm  Mr.  Joseph  Holland 
to  be  Ensign  of  the  company  or  trainband  taken  oif  partly 
from  Pomfrett,  partly  from  Canterbury  and  Mortlake,  and 
order  that  he  be  commissioned  accordingly. 

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

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

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

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


1736.]  OF      CONNECTICUT.  55 

This  Assembly  do  establish  and  confirm  Mr.  Jolin  Holcomb 
to  be  Ensign  of  the  3d  company  or  trainband  in  the  town  of 
Symsbury,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  James  Ward, 
jun^,  to  be  Ensign  of  the  town  company  or  trainband  in  the 
town  of  Midletown,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Andrew  Ward, 
jun"",  to  be  Ensign  of  the  first  company  or  trainband  in  the 
town  of  Guilford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas  New- 
comb  to  be  Lieutenant  of  the  Troop  in  the  county  of  Wind- 
ham, and  order  that  he  be  commissioned  accordingly. 

[267]  This  Assembly  do  establish  and  confirm  Mr.  William 
Throop,  jun"",  to  be  Cornet  of  the  Troop  in  the  county  of 
Windham,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Benjamin  Sea- 
bury  to  be  Quarter  Master  of  the  Troop  in  the  county  of 
Windham,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas  Minor 
to  be  Captain  of  the  south  part  of  the  second  company  or 
trainband  in  the  town  of  Stoningtown,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas 
Wheeler  to  be  Ensign  of  the  south  part  of  the  2d  company  or 
trainband  in  the  town  of  Stoningtown,  and  order  that  he  be 
commissioned  accordingly. 

An  Act  in  Addition  to  one  La^A^  of  this  Colony  entituled 
A.n  Act  relating  to  Small  Causes. 
Be  it  enacted  hy  the  Governour,  Council  and  Representatives, 
in  General  Court  assembled,  and  hy  the  authority  of  the  same, 
That  in  any  action  brought  before  any  assistant  or  justice  of 
the  peace  upon  any  bond,  bill  or  note  (and  the  same  being 
well  witnessed)  for  money  only,  and  the  demand  doth  not  ex- 
ceed the  sum  of  forty  shillings,  that  in  such  action  there  shall 
not  be  any  appeal  allowed ;  any  law,  usage  or  custom  to  the 
contrary  notwithstanding. 

An  Act  in  Addition  to  an  Act  in  Page  226,*  entituled 
An  Act  for  Explaining  of  and  Addition  to  that  Law 

made  October,  1714,  concerning  Listers. 
Be  it  enacted  hy  the  Governour,  Council  and  Representatives, 
in  General  Court  asseynhled,  and  hy  the  authority  of  the  same. 
That  the  listers  shall  incur  the  same  penalty  upon  their  neg- 

October,  1717,  Volume  VI.,  page  21. 


56  PUBLIC      RECORDS  [Oct. 

lectin g  to  send  the  additions  and  fourfold  assessments  to  the 
General  Assembly  in  May,  annually,  as  upon  their  neglecting 
to  send  the  sum  total  to  said  Court  in  October. 
An  Act  for  Enlarging  the  Fees  of  County  Surveyours. 
Be  it  enacted  hij  the  G-overnour,  Council  and  Rejjresentatives^ 
in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  each  and  every  of  the  county  surveyours  in  this  Colony 
that  shall  at  any  time  be  called  to  officiate  in  their  offices  shall 
have  twelve  shillings  joer  diem  for  man  and  horse,  and  his 
necessary  charges  borne,  while  he  is  upon  said  service,  and 
no  more ;  any  law,  usage  or  custom  to  the  contrary  notwith- 
standing. 

An  Act  in  Addition  to  one  Law  of  this  Colony  entituled 
An  Act  concerning  the  Dowry  of  Widows. 

Whereas  it  is  provided  in  the  first  paragraph  of  said  act, 
"  That  every  married  woman  (living  with  her  husband  in  this 
Colony  or  elsewhere  absent  from  him  with  his  consent  or  thr6 
his  meer  default,  or  inevitable  providence,  or  in  case  of  di- 
vorce where  she  is  the  innocent  party,)  that  shall  not  before 
marriage  be  estated  by  way  of  joynture  in  some  houses,  lands, 
tenements,  hereditaments  for  term  of  life,  or  with  some  other 
estate  in  lieu  thereof,  shall,  immediately  after  the  death  of  her 
husband,  have  right  and  interest  by  way  of  dower  in  and  to 
one-third  part  of  the  real  estate  of  her  deceased  husband's 
lands,  &c.,  to  be  to  her  during  her  natural  life,"  and  yet  in 
said  act  there  is  no  provision  made  how  such  woman  shall  have 
her  said  dower  set  out  to  her ;  so  that  some  widows  have  been 
put  to  their  suit,  and  others,  not  being  able  in  so  chargeable  a 
manner  to  recover  their  dowries,  have  suffered  great  wrong : 
Which  to  prevent, 

Be  it  enacted  by  the  G-overnour,  Council  and  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  upon  the  death  of  any  man  possessed  of  any  real  estate 
[268]  and  that  his  widow  ||  hath,  by  the  abovementioned  law, 
a  right  of  dower  in  such  estate,  and  the  person  or  persons  that 
have  by  law  a  right  to  inherit  said  estate  do  not,  within  sixty 
days  next  after  the  death  of  such  person,  by  three  sufficient 
free-holders  of  the  same  county,  to  be  appointed  by  the  judge 
of  the  probate  (in  whose  district  the  estate  doth  lye)  and  to 
be  put  under  oath,  set  out  and  ascertain  such  dower,  that  then 
the  widow  may  make  her  complaint  to  the  judge  of  the  pro- 
bate in  whose  district  the  estate  lyeth,  which  judge  shall  de- 
cree and  order  that  such  woman's  dowry  shall  be  set  out  by 
three  sufficient  freeholders  of  the  county,  which  persons  shall 
be  sworn  faithfully  to  proceed  in  the  said  affiiir  according  to 
their  best  skill.     And  when  any  widow's  dowry  is  set  out  by 


1736.]  OP      CONNECTICUT.  57 

either  of  the  methods  aforesaid,  the  same  shall  be  returned  to 
the  judge  who  ordered  such  dowry  to  be  sot  out,  and,  upon 
approbation  thereof  by  the  said  judge,  such  dower  shall  re- 
main fixed  and  certain,  and  all  persons  concerned  therein 
shall  be  thereby  concluded. 

An  Act  for  the  Repealing  one  certain  Law  of  this  Col- 
ony niade  and  passed  by  this  Assembly  holden  at 
Hartford  the  Sth  Day  of  May  Anno  Dom.  1735,  entit- 
uled  An  Act  for  laying  an  Excise  on  Divers  Sorts  of 
Liquors,  appointing  Commissioners  of  Excise,  li- 
cencing Retailers,  and  further  regulating  Tavern- 
keepers. 

Be  it  enacted  hy  the  Governour,  Council  and  Representatives, 
in  G-eneral  Court  assembled,  and  hy  the  authority  of  the  same, 
That  the  aforesaid  law,  with  every  clause  and  paragraph 
thereof,  be  repealed  and  made  void,  and  the  same  is  hereby 
repealed  and  made  void. 

Always  provided,  and  it  is  hereby  provided,  That  all  the  ly- 
cences  already  granted  to  any  retailer,  by  any  of  the  county 
courts,  shall  be  and  remain  to  be  good  and  valid  for  such  time 
as  they  were  respectively  granted  ;  and  every  such  retailer 
shall  for  such  term  pay  the  excise  mentioned  in  the  aforesaid 
law ;  and  no  persons  in  those  towns  that  have  any  lycenced 
retailer,  but  only  such  retailer,  shall  sell  or  vend  any  of  the 
liquors  mentioned  in  said  law  during  said  term,  upon  the  same 
penalty  as  was  provided  in  said  act. 

And  it  is  hereby  further  provided.  That  the  several  commis- 
sioners of  excise  in  the  respective  towns  shall  be,  and  are 
hereby  declared  to  be,  accountable  to  the  treasurer  of  the  town 
where  they  live,  for  all  excise  due  to  such  town  for  the  term 
aforesaid,  as  fully  as  if  the  abovementioned  act  had  not  been 
repealed  as  abovesaid. 

And  be  it  enacted  by  the  authority  aforesaid,  That  all  the 
laws  made  and  passed  by  this  Assembly,  for  the  regulating 
tavern-keepers,  and  their  taking  out  their  lycences,  and  were 
in  force  at  the  enacting  of  said  law,  shall  be  revived,  and  the 
said  laws  are  hereby  revived,  and  shall  hereafter  remain  in 
full  force. 

This  Assembly  grants  a  rate  of  one  penny  on  the  pound  on 
all  the  polls  and  rateable  estate  in  this  government,  to  be  paid 
into  the  treasury  in  the  bills  of  credit  of  this  Colony  with  the 
usual  advance  of  twelve  pence  on  the  pound ;  or  in  good  bills 
of  credit  of  four  signers  of  the  Massachusetts  Bay,  or  in  the 
bills  of  credit  of  New  York,  without  advance  on  them;  or  in 
silver  money  as  it  passeth  in  the  country. 

This  Assembly  do  order  and  direct  the  Treasurer  of  this 
Colony,  Mr.  John  Whiting,  to  attend  the  Assembly  on  Tues- 
S 


58  PUBLIC      EECORDS  [Oct. 

day  the  -6th  of  October  instant,  and  bring  with  Iiim  a  suflfi- 
ciency  of  the  bills  of  credit  in  his  hands  to  defray  the  charges 
of  this  Assembly. 

[:269]  The  Gentlemen  nominated  by  the  Votes  of  the  Free- 
men of  this  Government  to  stand  for  Election  in  May  next, 
sent  in  to  this  Assembly,  are  as  follow,  Qviz\^ 

The  Honourable  Joseph  Talcott,  Esq!",  the  Hon^ie  Jonathan 
Law,  Esqi",  Samuel  Eells,  Esq^,  Roger  Wolcott,  Esq^  James 
Wadsworth,  Esq"",  Nathaniel  Stanly,  Esq^,  Joseph  Whiting, 
Esqf,  Ozias  Pitkin,  Esq^",  Timothy  Pierce,  Esq'',  John  Burr, 
Esqr,  Samuel  Lynde,  Esq^,  Edmund  Lewiss,  Esq"",  William 
Pitkin,  Esq"",  Roger  Newton,  Esq"",  Thomas  Fitch,  Esq"",  Capt. 
John  Bulkley,  Mr.  Ebenezer  West,  Capt.  Samuel  Hill,  Capt. 
Andrew  Burr,  Mr.  Ebenezer  Silliman. 

This  Assembly  do  establish  and  confirm  Mr.  James  Cornish, 
jun"",  of  Symsbury,  to  be  Captain  of  the  south  company  or 
trainband  in  the  town  of  Symsbury,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Petti- 
bone  3d,  to  be  Lieutenant  of  the  south  company  or  trainband 
in  the  town  of  Symsbury,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Thomas  Mumford, 
junr,  to  be  Captain  of  the  east  company  or  trainband  in  the 
town  of  Groton,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  William  Wil- 
liams, jun"",  to  be  Lieutenant  of  the  east  company  or  trainband 
in  the  town  of  Groton,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Morgan, 
jun"",  to  be  Ensign  of  the  east  company  or  trainband  in  the 
town  of  Groton,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Denni- 
son  to  be  Lieutenant  of  the  first  company  or  trainband  in  the 
town  of  Stoningtown,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Gallop 
to  be  Captain  of  the  west  company  or  trainband  in  the  town 
of  Stoningtown,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  George  Deni- 
son  to  he,  Lieutenant  of  the  west  company  or  trainband  in  tlie 


1736.]  OF      CONNECTICUT.  59 

tovyn  of  Stoningtown,  and   order  that  he   be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Mason 
to  1)6  Ensign  of  the  west  company  or  trainband  in  the  town  of 
Stoningtown,  and  order  that  he  be  commissijiied  accordingly. 

Whereas  the  town  of  Saybrook  have  not  sent  the  sum  total 
of  their  list  of  estate  well  vouched  as  the  law  directs  (for 
this  present  year):  Be  it  therefore  enacted,  that  said  town  of 
Saybrook  shall  be  doomed,  and  said  town  is  hereby  doomed, 
the  sum  of  seventeen  thousand  pounds  to  pay  taxes  on  for  the 
year  ensuing,  and  to  receive  their  school  money  accordingly. 

This  Assembly  being  now  informed  by  a  letter  from  Colo. 
William  Codington,  of  Newport  in  the  Colony  of  Rhoad 
Island,  and  by  account  from  Mr.  Justice  Hempstead,  of  New 
London,  that  sometime  since  one  John  Brown  of  said  Rhode 
Island,  merchant,  had  his  shop  broken  up  and  sundry  goods 
stolen  out  of  it ;  whereupon  the  said  Brown  gave  notice 
thereof  in  the  publick  prints,  and  One  John  Dean,  of  Stoning- 
town, and  Daniel  Collins,  of  New  London,  supposing  that  the 
[270]  persons  that  had  broken  said  shop,  &c.  \\  were  in  New 
London,  informed  said  Mr.  Justice  Hempstead  thereof,  who, 
upon  their  motion,  granted  out  a  writ  by  which  the  officer 
seized  Richard  Kating,  John  Hamilton,  and  Dennis  Dehortee, 
with  sundry  goods,  and  brought  said  persons  and  goods  before 
the  said  justice,  and  upon  examination  one  of  said  persons 
confessed  he  broke  open  said  shop  and  stole  said  goods  and 
handed  them  out  to  one  other  of  them,  and  that  afterwards 
said  goods  were  shared  among  the  said  three  persons  ;  upon 
which  the  said  justice  committed  said  persons  to  the  goal  in 
New  London  ;  and  upon  advice  given  to  the  persons  concerned 
at  Rhode  Island,  Colo.  John  Codington,  sheriff,  &c.,  came  to 
said  New  London  with  order  to  take  said  persons  and  goods 
and  carry  them  to  said  Rhoad  Island,  there  to  be  proceeded 
against,  &c. :  but  it  so  happened  that  said  Mr.  Justice  Hemp- 
stead was  out  of  town,  and  had  in  his  own  custody  secured 
said  goods,  but  by  order  of  some  other  of  the  civil  authority, 
the  said  persons  were  delivered  out  of  prison  and  sent  to 
Rhode  Island,  and  the  goods  still  left  in  custody  as  aforesaid. 
After  which,  when  the  goods  were  in  the  custody  of  the  law 
and  secured  to  be  brought  in  evidence  for  our  Sovereign  Lord 
the  King,  thereby  to  convict  the  criminals,  the  aforesaid  Dean 
and  Collins,  pretending  that  said  Brown  was  in  debt  or  some 
way  obliged  to  them,  by  a  writ  taken  out  against  said  Brown, 
without  law  or  right  so  to  dd,  have  attached  and  secured  said 
goods,  so  that  thereby  the  King's  attorney  at  Rhoad  Island 
cannot  improve   said  goods  as  an  evidence  on  behalf  of  our 


60  PUBLIC      RECORDS  [Oct. 

Sovereign  Lord  the  King,  so  that  said  persons  are  likely  to 
escape  and  justice  be  eluded,  unless  there  be  some  effectual 
care  taken  to  send  the  said  goods  to  Rhode  Island. 

Tlierefore^  he  it  enacted  and  ordered  by  this  Assembly,  That 
the  officer  that  hath  taken  said  goods,  as  aforesaid,  whether  it 
be  the  sheriff  of  said  New  London  county,  his  deputy,  or  any 
of  the  constables  in  the  respective  towns  in  said  county,  shall, 
at  sight  hereof,  deliver  all  the  aforesaid  goods,  taken  from  said 
Hempstead  as.  aforesaid,  unto  Mr.  Joseph  Talman  of  New 
London,  who  is  desired  by  the  authority  of  said  Rhoad  Island 
to  receive  the  same  and  carry  them  to  Rhoad  Island  aforesaid. 
And  of  this  order  the  said  sheriff,  his  deputy  or  the  said  con- 
stables that  have  taken  said  goods,  are  to  take  notice  and  con- 
form themselves  thereunto,  as  they  will  answer  the  same  at 
their  peril,  being  served  with  a  copy  thereof  by  Mr.  John 
Richards  of  New  London,  who  is  hereby  directed  to  do  the 
same  and  make  return  thereof  to  his  Honour  the  Governour. 

Upon  the  petition  of  the  town  of  Wallingford  vs.  the  town 
of  iNIidletown,  in  reference  to  the  dividing  line  between  said 
towns :  It  appears  that  this  Assembly,  at  their  sessions  at 
New  Haven,  October  11th,  1722,  did  order  that  a  north  line 
from  the  cedar  tree,  or  place  where  it  stood,  (being  the  south- 
west corner  of  Midletown.)  to  be  run  by  the  needle  of  the 
surveying  instrument,  should  divide  said  towns  ;  and  there- 
upon that  the  said  town  of  Wallingford  procured  the  survey- 
our  of  New  Haven  county  to  run  said  line  by  the  needle  of 
the  surveying  instrument,  and  that  afterwards  the  town  of 
Midletown  procured  the  surveyour  of  Hartford  county  to  run 
said  line,  and  also  that  neither  of  said  lines  passeth  right  be- 
tween said  towns  :  that  run  by  the  surveyour  of  New  Haven 
county  taking  from  Midletown,  and  that  run  by  Hartford 
county  surveyour  taking  part  of  Wallingford.  Wherefore,  to 
the  end  that  the  dividing  line  between  said  towns  may  be  truly 
run :  It  is  now  ordered  and  enacted  by  this  Assembly,  that 
the  line  dividing  between  said  towns  shall  be  a  line  run  from 
the  said  southwest  corner  of  Midletown,  parallel  to  Midletown 
[271]  center  line,  as  far  northward  until  |1  it  intersects  the 
south  line  of  those  lands  commonly  called  the  Purchase  Lands, 
and  that  then  the  line  already  ordered  by  this  Assembly  for 
the  east  side  line  of  said  Purchase  Lands,  shall  divide  said 
towns.  And  Capt.  Thomas  Wells,  surveyour  of  Hartford 
county,  is  hereby  ordered  and  fully  impowred  to  run  and  suffi- 
ciently mark  out  said  dividing  line  parallel  to  said  Midletown 
center  line,  from  the  said  southwest  corner  to  the  said  Pur- 
chase Lands  ;  to  be  done  at  the  charge  of  Wallinglord,  Midle- 
town to  have  notice  six  days  at  least  before  said  service  is 


1736.]  OF      CONNECTICUT.  61 

attended.  iViid  said  Capt.  Wells  shall  make  return'  of  his 
doings  to  this  Assembly  in  May  next. 

Upon  the  report  of  Messrs.  William  Wadsworth,  John 
Riggs  and  Jonatlian  Ailing,  being  a  committee  appointed  by 
the  General  Assembly  holden  at  Hartford  in  May  last,  to 
repair  to  the  parish  of  New  Cheshire  in  the  town  of  Walling- 
ford,  to  view  the  circumstances  thereof,  and  satisfy  themselves 
as  to  the  most  suitable  place  for  said  parishioners  to  build  a 
meeting-house  upon,  and  make  report,  &c. :  said  committee, 
according  to  their  direction,  having  attended  said  service  on 
the  16th  of  September  last,  and  set  up  a  stake  with  stones 
aliout  it,  on  the  northeast  corner  of  the  Reverend  Mr.  Hall's 
lot,  near  his  dwelling  house,  !)y  the  highway  that  runs  north 
and  south  and  at  the  end  of  the  highway  that  comes  in  from 
the  east,  which  said  place  said  committee  report  to  be  the 
most  suitable  place  for  the  said  parishioners  to  build  their 
meeting-house  upon  :  This  Assembly  do,  therefore,  accept 
the  abovesaid  report  and  establish  said  place  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Mathew  Gris- 
would  to  be  Lieutenant  of  the  5th  company  or  trainband  in 
the  town  of  Windsor,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Phelps 
2d  to  be  Ensign  of  the  5th  company  or  trainband  in  the  town 
of  Windsor,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Sanford 
to  be  Captain  of  the  company  or  trainband  at  the  parish  of 
North  Haven  in  the  town  of  New  Haven,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Sackett 
to  be  Lieutenant  of  the  company  or  trainband  at  the  parish  of 
North  Haven  in  the  town  of  New  Haven,  and  order  that  he 
be  commissioned  accordingly. 

Upon  the  memorial  of  John  Griswould,  Esq"",  and  the  rest 
of  the  inhabitants  of  the  east  part  of  the  first  society  in  Lyme, 
complaining  that  the  report  of  a  committee  appointed  by  the 
General  Assembly  held  at  Hartlord,  May,  1735,  respecting  the 
placing  a  meeting-house  in  said  society,  is  very  grievous  to 
said  memorialists  ;  and  praying  that  the  doings  of  said  com- 
mittee may  be  set  aside  and  a  new  committee  appointed  to  re- 
pair to  said  society,  to  view  the  situation  and  circumstances 
of  said  society,  and  to  report,  &c. :  Resolved  by  this  Assem- 
bly, that  Samuel  Hill,  Ebenczer  West  and  John  Bulkley, 
Esq's,  are  hereby  appointed  and  impovvred  a  committee  to  re- 
pair to  said  society  and  give  notice  to  the  inhabitants  thereof, 


62  PUBLIC      RECORDS  [Oct. 

and  hear  the  parties,  review  the  circumstances  and  situation 
of  said  society,  and  report  to  the  General  Assembly,  to  be 
holden  at  Hartford  in  May  next,  their  opinion  where  is  the 
most  suitable  and  proper  place  to  erect  a  meeting-house  on 
for  said  society. 

William  Pitkin,  Esq"",  Capt.  J.ohn  Bissell,  and  Capt.  Thomas 
Seymour,  auditors  appointed  to  audit  the  accounts  between 
the  administrators  on  the  estate  of  Ebenezer  Fitch,  late  of 
Windsor,  deceas'd,  executor  to  the  last  will  and  testament  of 
John  Eliott,  deceas'd,  and  Jonathan  Ellsworth,  executor  of 
[272]  the  last  will  ||  and  testament  of  John  Elliott,  Esq%  de- 
ceased, having  returned  their  award  to  this  Assembly,  upon 
which  the  said  administrators  moved  that  there  was  probably 
an  error  in  said  award,  and,  therefore,  that  the  said  accounts 
might  be  reconsidered  by  said  auditors :  The  parties  being 
heard,  and  there  appearing  a  great  probability  that  said  ac- 
counts had  not  been  throughly  examined  by  said  auditors,  it 
is  resolved  by  this  Assem!)ly,  that  the  said  auditors  do  again 
audit  said  accounts,  and  return  their  award  to  this  Assembly 
at  their  sessions  in  May  next;  provided  that  the  said  admin- 
istrators pay  to  the  said  EUswortli  lawful  interest  for  the  sum 
they  shall  be  found  in  arrears,  from  this  time  to  the  meeting 
of  this  Assembly  in  May  next. 

Upon  the  memorial  of  John  Thrall  of  Windsor,  adminis- 
trator on  the  estate  of  Aaron  Moses,  late  of  Windsor,  de- 
ceas'd, shewing  to  this  Assembly  tliat  the  debts  due  from  the 
estate  of  the  said  deceas'd  Aaron  Moses  do  surmount  the 
whole  of  the  personal  estate  of  the  said  deceas'd  the  sum  of 
£26  13s.  4d.,  for  the  payment  of  which  said  administrator 
hath  nothing  in  his  hands,  and  thereupon  praying  to  this 
Assembly  to  impower  said  memorialist,  or  some  other  meet 
person,  to  sell  so  much  of  the  land  of  said  deceas'd  as  will 
procure  said  sum  of  £2Q  ISs.  M.,  together  with  necessary 
charges  arising  thereon  :  Whereupon  this  Assembly  grants, 
that  the  memorialist,  with  Mr.  Roger  Newberry  of  Windsor, 
taking  the  advice  of  the  court  of  probates  in  the  county  of 
Hartford,  shall  have  liberty,  and  are  hereby  fully  impowred, 
to  sell  so  much  of  the  land  of  the  said  Aaron  Moses,  deceas'd, 
as  will  advance  and  procure  the  said  sum  of  X26  los.  4:d.,  to- 
gether with  the  necessary  charges  arising  thereon. 

Whereas  this  Assembly,  at  their  sessions  in  October,  1707? 
did  grant  to  Nathan  Gold,  Peter  Burr,  Esqi'S  of  Fairfield? 
and  their  associates,  a  certain  tract  of  land  for  a  township? 
bounded  southerly  on  Danbury,  and  running  from  thence 
northerly  fourteen  miles  ;  easterly  it  bounds  on  New  Milford, 


1736.]  OF      CONNECTICUT.  63 

westwardly  on  the  Colony  line  ;  provided  it  doth  not  prejudice 
former  grants  and  be  nndcr  sucli  regulations  for  the  settle- 
ment thereof  and  number  of  inhabitants  as  this  Court  shall 
think  fit :  And  whereas  sundry  persons,  claiming  a  right  by 
said  grant,  have  moved  to  this  Assembly  for  a  patent  for  said 
lands  :  It  is  thereupon  resolved  by  this  Assembly,  that,  pro- 
vided the  persons  mentioned  in  said  grant,  their  associates, 
heirs  or  assigns,  shall  settle  on  said  lands  so  many  good  in- 
habitants as  will  make  up  in  the  whole  fifty  families  within 
three  years  next  coming,  that  then  and  in  that  case  a  patent 
for  those  lands  shall  be  granted  and  executed  to  the  persons 
mentioned  in  said  grant,  their  associates,  heirs  or  assigns, 
and  such  settlers,  their  heirs,  <fec.,as  shall  be  settled  as  afore- 
said. 

Upon  the  memorial  of  Thomas  Lamb,  of  Weatauge,  pray- 
ing this  Assembly  to  grant  to  him  about  three  acres  of  land 
near  to  him,  to  build  a  house  upon,  to  accommodate  his  other 
lands,  for  a  reasonable  sum,  or  in  exchange  for  other  lands  : 
Resolved  and  granted  by  this  Assembly,  that  the  memorialist 
have  three  acres  of  land  prayed  for,  and  that  Edmund  Lewiss, 
Esq^  be  appointed,  and  he  is  hereby  appointed  and  impow- 
red,  at  the  cost  of  the  memorialist,  to  repair  to  Weatauge 
and  lay  out  said  three  acres  of  land  to  the  memorialist,  and  if 
he  shall  judge  that  it  will  best  accommodate  the  publick  to  ex- 
[273]  change  the  same  ||  with  the  memorialist,  then  to  meas- 
ure out  an  equivalent  of  the  memorialist's  land,  where  it  will 
best  serve  the  publick :  but  if  he  shall  judge  it  most  conven- 
ient to  sell  the  same,  then  to  set  a  price  thereon,  and  make 
return  to  the  Assembly  in  May  next,  in  order  to  the  memori- 
alists having  a  patent  thereof; 

Upon  the  memorial  of  Thomas  Read,  Jonathan  Bell,  and 
sundry  others  of  the  towns  of  Stanford  and  Norwalk,  pray- 
ing this  Assembly  that  they  may  be  a  distinct  ecclesiastical 
society,  with  bounds  as  therein  mentioned,  &c.,  or  that  a 
committee  may  be  appointed  to  view  their  circumstances : 
This  Assembly  do  grant  said  memorialists  a  committee,  and 
do  appoint  Messrs.  John  Fowler  of  Milford,  Ephraim  Curtiss 
of  Stratford,  and  Seth  Samuel  Burr  of  Fairfield,  a  committee 
to  repair  to  the  towns  of  Stanford  and  Norwalk,  (giving  warn- 
ing to  the  parties,)  and  view  the  circumstances  of  the  memo- 
rialists, hear  all  parties  concerned,  and  make  report  of  what 
they  find  to  this  Assembly  at  their  sessions  in  May  next,  with 
their  opinion  thereon.  The  charge  of  the  committee  to  be 
defrayed  by  the  memorialists. 

Upon  the  memorial  of  the  parish  of  Eastbury,  praying  this 
Assembly  to  grant  a  tax  of  one  penny  half  penny  per  acre  on 


64  PUBLIC      RECORDS  [Oct. 

all  the  unimproved  lands  in  said  parish  per  year,  for  the  term 
of  four  years  from  this  time,  for  the  support  of  the  publick 
worship  of  God  and  building  a  meeting  house  amongst  them  : 
Eesolved  by  this  Assembly,  that  there  be  a  tax  of  one  penny 
half  penny  per  acre  levyed  on  all  tlie  unimproved  lands  in  said 
parish  per  year,  for  the  term  of  four  years  next,  for  the  use 
aforesaid  ;  and  that  the  same  be  so  assessed  by  the  committee 
of  said  parish  from  year  to  year  during  said  term.  And  it  is 
further  resolved,  that  the  collectors  of  rates  from  year  to  year 
shall  have  fnll  power  to  gather,  distrain  for,  and  receive  the 
same,  (when  so  assessed,  whether  of  the  resident  or  non-resi- 
dent proprietors,)  as  they  are  by  law  to  gather  and  distrain 
for  and  receive  other  taxes,  &c.  ;  and  that  they  shall  in  like 
manner  be  accountable  therefor. 

Upon  the  memorial  of  John  Sherwood  of  Stratford,  shew- 
mg  to  this  Assembly  that  this  Assembly,  in  October,  1718, 
granted  unto  the  heirs  of  Capt.  Nathaniel  Seely  two  hundred 
acres  of  land,  to  be  taken  up  in  the  county  of  Fairfield  or 
New  Haven,  and  that  the  said  heirs  conveyed  the  same  to 
Joseph  Lyon,  who  conveyed  the  same  to  Thos.  Sherwood, 
who  got  the  same  surveyed  and  laid  out  in  the  country  land 
west  of  Danbury,  as  by  a  survey  of  the  same  made  by  Ed- 
mund Lewiss,  Esqr,  surveyour  of  the  county  of  Fairfield,  dated 
the  27th  of  March,  1724,  may  appear,  and  that  in  the  settle- 
ment of  his  estate  the  same  was  divided  to  the  memorialist 
and  his  brother  Daniel  Sherwood,  who  has  since  conveyed  his 
right  therein  to  the  memorialist ;  and  further  shewing  that 
the  said  survey  was  made  before  the  grant  to  the  proprietors 
of  Ridgefield  of  the  country  land  west  of  Danbury  &c.,  was 
made,  and  that  therefore  the  same  was  reserved  out  of  said 
grant,  out  of  which  all  lands  then  taken  up  was  excepted ; 
and  therefore  the  memorialist  praying  for  a  patent  of  said 
grant :  It  is  resolved  by  this  Assembly,  that  the  said  John 
Sherwood  have  a  patent  of  said  two  hundred  acres,  according 
to  the  survey  aforesaid,  executed  by  the  Governour  and  Secre- 
tary, and  under  the  seal  of  this  Colony,  as  the  law  directs. 

Upon  the  memorial  of  Hannah  Judd  of  Hartford,  administra- 
trix on  the  estate  of  Eljenezer  Judd,  late  of  Hartford,  deceas'd, 
[274]  shewing  to  this  Assembly  that  the  debts  due  from  ||  the 
estate  of  the  said  deceased  surmount  the  moveable  estate  the 
sum  of  X16  4s.  3c?.,  and  praying  to  this  Assembly  for  liberty 
to  sell  so  much  of  the  real  estate  of  said  deceas'd  as  will 
amount  to  the  sum  of  £16  4s.  ot^.with  the  necessary  charges 
of  selling  the  same  :  This  Assembly  do  substitute  and  ap- 
point the  said  administratrix,  Hannah  Judd,  and  Deacon 
Thomas  Richards  of  Hartford,  with  the  advice  and  direction 


1736.]  OP      CONNECTICUT.  65 

of  the  court  of  probate  in  the  county  of  Hartford,  to  make 
sale  and  execute  deeds  of  conveyance  of  so  much  of  the  real 
estate  of  the  said  Ebeuezer  Judd,  deceased,  as  will  amount  to 
the  sum  of  .£16  4.s.  Sd.,  with  the  necessary  charges  that  may 
arise  in  selling  the  same. 

Upon  the  memorial  of  Anthony  and  Peter  Demill,  of  Stan- 
ford, setting  forth  to  this  Assembly  that  they  have  given  se- 
curity to  this  Colony  for  their  taking  upon  loan  two  hundred 
pounds  of  the  country  money,  and  hath  actually  paid  interest 
for  two  hundred  pounds  for  some  time,  and  that  the  said  An- 
thony and  Peter  Demill  have  never  yet  had  but  one  hundred 
and  fifty  pounds  of  the  country  money  ;  which  matters  of 
fact  appearing  to  this  Assembly  :  Whereupon  this  Assembly 
do  enact  and  order,  that  the  said  Anthony  and  Peter  Demill 
shall  forthwith  have  paid  them  out  of  the  Colony  treasury  the 
sum  of  fifty-eight  pounds  and  fourteen  shillings,  and  the 
treasurer  is  hereby  ordered  to  pay  said  sum  out  of  the  money 
bro't  into  said  treasury  for  interest,  &c. 

Upon  the  memorial  of  the  inhabitants  of  the  parish  of  East- 
bury,  praying  that  the  former  committee  appointed  to  set  the 
place  for  their  meeting  house  be  again  appointed  to  repair  to 
said  parish,  at  the  cost  of  said  parish,  and  review  the  matter, 
and  hear  said  society,  and  anew  affix  a  place  to  build  their 
meeting  house  on  :  Resolved  by  this  Assembly,  that  their 
former  committee,  viz.  Capt.  John  Marsh,  Mr.  Henry  Wol- 
cott  and  Mr.  Joseph  Pitkin,  do,  at  the  cost  of  said  parish,  re- 
pair to  said  society,  review,  and  hear  the  society,  and  anew 
affix  a  place  for  said  parish  to  build  their  meeting  house  on, 
and  make  report  to  this  Assembly  in  May  next. 

Upon  the  memorial  of  the  inhabitants  of  the  western  part 
of  the  first  society  in  Norwich,  together  with  some  of  the  in- 
habitants of  the  adjacent  society  in  Norwich :  Resolved  by 
this  Assembly,  that  Messrs.  Richard  Abbey,  Experience  Por- 
ter and  Ebeuezer  Gray,  be  a  committee,  at  the  charge  of  the 
memorialists,  to  repair  to  said  western  part  of  said  first  soci- 
ety and  view  their  circumstances  with  the  circumstances  of 
some  of  the  inhabitants  in  the  said  adjacent  society,  and  to 
set  out  bounds  and  limits  for  a  society  there  according  as  they 
shall  judge  it  reasonable,  and  report  what  they  find  and  do, 
with  their  opinion  thereon,  to  this  Assembly  in  May  next. 

Upon  the  memorial  of  Josiah  Doming,  John  Stillman, 
Hezekiah  May,  and  the  rest  of  the  selectmen  of  the  town 
of  Weathersfield,  praying  this  Assembly  that  some  meet 
person  may  be  appointed  by  this  Assembly,  in  conjunc- 
tion with  Colo.  David  Goodrich,  to  sell  so  much  of  land  of 
9 


66  PUBLIC       RECORDS  [Oct. 

Isaac  GrisTTOiild  of  said  Weathersfield,  who  is  non  compos 
mentis^  as  shall  be  necessary  from  time  to  time  for  the  com- 
fortable support  of  the  said  Isaac,  &c.  :  Resolved  by  this  As- 
sembly, that  the  said  Coll.  David  Goodrich  and  Mr.  Hezekiah 
May  shall  be  impo^vred,  and  are  hereby  impowred,  with  the 
advice  of  the  selectmen  of  said  town,  to  sell  so  much  of  the 
land  of  the  said  Isaac  Griswould,  from  time  to  time,  so  long 
as  he  shall  continue  uncapable  of  taking  care  of  himself,  as 
they,  said  Goodrich  and  May,  with  the  selectmen  of  said  town 
[275]  for  the  time  being,  ||  shall  think  necessary  for  liis  com- 
fortable subsistence,  and  the  money  for  which  the  land  shall 
be  sold  shall  be  carefully  improved  for  that  purpose  ;  and  all 
the  land  so  disposed  of  and  sold  by  the  said  Goodrich  and 
May  shall  be  a  good  estate  of  inheritance  to  the  grantee  or 
grantees,  their  heirs  and  assigns  forever. 

Upon  the  memorial  of  Josiah  Curtiss  of  Stratford,  ferry- 
man, praying  this  Assembly  that  the  fare  of  the  feri-y  called 
Stratford  Ferry  may,  for  the  future,  be  six  pence  for  a  man 
and  horse  :  This  Assembly  do  grant  that,  for  the  future,  the 
fare  of  said  ferry  shall  be  six  pence  money  for  man,  horse  and 
load  ;  any  law,  usage  or  custom  to  the  contrary  notwitlistand- 
ing. 

Tliis  Assembly  ordei',  That  the  sum  of  fifty-three  pounds 
eighteen  shillings  and  three  pence  be  paid  out  of  the  publick 
treasury  unto  Messrs.  Isaac  Dickerman  and  John  Ponderson, 
which,  together  with  fifty  pounds  granted  in  May  last,  is  in 
full  for  repairing  Yale  College. 

Whereas  this  Assembly,  at  their  sessions  in  May,  1735, 
upon  the  memorial  of  Chickens,  an  Indian  sagamore,  ap- 
pointed Messrs.  Samuel  Hanford,  Theophilus  Nickols,  and 
Seth  Samuel  Burr,  a  committee  to  lay  out  some  lands  which 
said  Chickens  had  saved  to  himself  in  a  deed  to  Capt.  Samuel 
Couch,  which  committee  was  ordered  to  make  return  of  their 
doings  to  this  Assembly  in  their  sessions  in  October  last,  but 
said  committee  having  omitted  doing  anything  in  the  affair, 
and  the  time  being  now  elapsed  for  their  making  their  return  : 
This  Assembly,  at  the  joynt  request  of  both  parties,  do  hereby 
appoint  Mr.  Ebenezer  Silliman  to  be  one  of  said  committee, 
in  the  room  of  said  Nickols,  and  that  said  committee  proceed 
in  the  affair  according  to  the  former  instructions  given  in  that 
case,  and  make  their  return  to  this  Assembly  in  their  sessions 
in  May  next. 

Upon  the  memorial  of  the  town  of  Coventry,  shewing  to 
this  Assembly  that,  sometime  before  February,  173f ,  they 
voted  to  make  some  additions  to   and   repair   their   meeting 


1736.]  OF      CONNECTICUT.  67 

house,  which  occasioned  some  strife  amons;  the  inhabitants, 
to  accomodate  which  they  did,  in  tlieir  meeting  holden  Feb- 
ruary 2od,  173f ,  vote  that  there  should  be  a  society  set  otf, 
at  any  time  wlieu  the  General  Assembly  sees  cause,  in  the 
uortliwestwardly  and  westwardly  parts  of  said  town,  and  that 
the  rate  bills  that  be  made  in  said  town  about  the  cost  of  adding 
to  and  repairing  said  meeting  house  should  be  kept  on  the 
town  records,  and  tiiat  when  the  said  Assembly  shall  see  fit  to 
set  off  a  society  as  aforesaid,  those  persons  that  shall  be  left 
in  the  first  society  should  refund  and  pay  back,  to  those  per- 
sons that  now  inhabit  in  the  said  northwestwardly  and  west- 
wardly parts  of  said  town,  all  such  sums  of  money  that  shall 
be  by  them  paid  to  the  repairing  and  adding  to  the  meeting 
house,  as  aforesaid,  for  to  build  a  meeting  house  in  such  new 
or  second  society,  within  eighteen  months  after  such  setting 
off;  always  providing  said  setting  off  be  within  seven  years 
after  making  said  vote ;  praying  this  Assembly  to  enact  in 
such  form  as  to  oblige  the  said  money  to  be  paid  according  to 
said  vote,  for  the  full  accommodating  the  difficulty  afore- 
said :  It  is  therefore  resolved  and  declared  by  this  Assembly, 
that  it  shall  be  the  duty  of  the  selectmen  and  clerk  of  said 
town  to  keep  said  rate  bills,  above  referred  to,  on  their  re- 
cords, and  that  upon  a  societys  being  set  off,  as  aforesaid,  the 
people  that  shall  be  left  to  the  first  society  shall  pay  the  money 
back  to  them  that  shall  be  so  set  off,  according  to  the  true 
meaning  and  intent  of  said  vote;  and  in  case  of  a  failure, 
this  Assembly  will  order  a  distress  for  the  same. 

Upon  the  memorial  of  the  town  of  Coventry,  shewing  to 
this  Assembly  that  the  lands  in  said  town  are  held  in  two 
distinct  proprieties,  and  that  one  of  them  have  not,  in  the  lay- 
ing out  their  lands,  made  any  provision  amongst  them  neither 
[276]  for  publick  nor  ||  private  highways,  and  that  the  other 
has  made  provision;  whereby  discords  and  difficulties  do 
arise ;  praying  this  Assembly  for  relief,  by  sending  a  com- 
mittee to  hear  and  report  what  is  right  to  be  done :  Resolved 
by  this  Assembly,  that  Messrs.  Ebenezer  West,  Eichard 
Abbey,  and  Josiah  Conant,  be  a  committee  to  repair  to  the 
town  of  Coventry,  at  the  cost  of  the  town,  to  hear  the  persons 
concerned  about  the  controversy,  and  to  make  their  report  to 
this  Assembly  in  May  next,  what  they  think  to  be  right  to  be 
done  in  the  premises ;  and  that  a  copy  of  this  act,  and  a  no- 
tification of  the  time  when  and  the  place  where  the  committee 
will  meet,  signed  by  Joseph  iStrong  and  Peter  Buel,  agents 
for  said  town,  to  be  set  up  on  the  sign  post  and  at  the  house 
of  Abner  Fitch  'and  Mr.  Rose,  at  least  ten  days  before  the 


68  PUBLIC      RECOEDS  [Oct. 

meeting  of  said  committee,  that  all  concerned  may  be  notified 
to  appear,  if  they  see  cause. 

Upon  the  memorials  of  Godfrey  Malbone,  Robert  Stoddard, 
jun'r,  and  Peregrine  Gardner,  shewing  that  there  is  no  stated 
ferry  across  New  London  river  between  New  London  and 
Norwich,  and  shewing  that  a  ferry  is  needed  somewhere  about 
Moheage  or  Massapeag,  said  Stoddard  and  Gardner  repre- 
senting that  the  place  called  Stoddard's  Ferry  is  the  most 
convenient  place  for  a  ferry  to  be.  kept,  and  said  Malbone 
representing  that  a  place  across  the  river  against  his  farm, 
called  Massapeage,  is  the  most  convenient  place  for  a  ferry  to 
be  kept ;  and  each  of  them  joyntly  moving  to  this  Assembly, 
to  appoint  a  committee,  at  the  joynt  cost  of  the  memorialists, 
to  repair  to  said  river,  and  view  the  said  places,  and  make 
report,  &c. :  Resolved  by  this  Assembly,  that  John  Bulkley, 
Esq"",  Mr.  Simon  Lothrop,  and  Mr.  Hezekiah  Huntington,  be 
a  committee  to  repair  to  said  river,  view  the  same,  with  all 
the  circumstances  attending  both  said  places  and  any  other 
place  that  may  be  proposed,  and  report  to  the  Assembly  to  be 
held  at  Hartford  in  May  next ;  and  also  to  report  what  the 
fare  of  said  ferry  ought  to  .be,  and  who  ought  to  take  the 
profit  of  said  ferry ;  and  all  at  the  joynt  cost  of  the  memo- 
rialists. 

Upon  the  memorial  of  Daniel  Benedict,  Danie  Taylor,  and 
Theophilus  Taylor,  all  of  Danbury,  praying  that  a  certain 
tract  of  land,  containing  about  three  hundred  and  ten  acres, 
lying  west  of  and  near  Danbury,  and  belonging  to  the  memo- 
rialists by  virtue  of  a  grant  and  patent  from  this  Assembly, 
may  be  annexed  to  said  town  of  Danbury :  Resolved  by  this 
Assembly,  that  tha  said  tract  of  land,  belonging  to  the  me- 
morialists, be,  and  the  same  is  hereby,  annexed  to  the  town- 
ship of  Danbury,  and  shall  be  in  the  jurisdiction  thereof,  and 
that  those  persons  that  shall  live  thereon  shall  pay  their  dues 
and  taxes  to  the  said  town  of  Danbury,  and  belong  to  the 
first  company  or  trainband  in  said  town. 

Upon  the  memorial  of  the  town  of  Weathersfield,  praying 
that  execution  on  a  judgment  of  the  adjourned  county  court 
held  in  Hartford  in  June  last,  given  on  a  writ  of  scire  faeias 
against  the  selectmen  of  said  town  of  Weathersfield,  in  favour 
of  sundry  persons  of  Farmingtown  and  Weathersfield  for  the 
payment  of  highways,  may  be  stayed  until  the  rising  of  this 
Assembly  in  May  next:  It  is  resolved,  that  the  execution  on 
said  judgment  be  stayed  until  the  rising  of  this  Assembly  in 
May  next,  for  the  reasons  assigned.  And  it  is  enacted,  that, 
in  case  said  town  of  Weathersfield  do  not  get  the  laying  out 


1736.]  OP      CONNECTICUT.  69 

the  highways  above  referred  to  set  aside,  as  also  the  judg- 
ment aforesaid,  they  shall  pay  to  the  parties  in  whose  favour 
the  judgment  aforesaid  was  given,  the  lawful  interest  of  the 
sum  said  judgment  is  given  for,  to  be  divided  to  them  ac- 
cording to  their  interests  in  the  judgment  aforesaid. 

[277]  Upon  the  prayer  of  Ebenezer  Carter,  praying  this  As- 
sembly to  grant  a  sum  of  money  to  be  put  into  the  hands  of  a 
committee,  to  be  improved  by  their  direction,  in  such  way  as 
they  shall  think  proper,  in  order  to  bring  the  wife  and  chil- 
dren of  the  memorialist's  brother,  John  Carter,  from  Canada, 
&c. :  Resolved  by  this  Assembly,  that  such  a  sum  or  sums  of 
money,  not  exceeding  one  hundred  and  fifty  pound  in  the 
whole,  shall  be  drawn  out  of  the  treasury  of  this  Colony  by 
Thomas  Fitch,  Esq"",  Capt.  Samuel  Hanford,  and  Capt.  Joseph 
Piatt,  and  be  by  them  improved  and  disposed  of,  at  such  time 
and  in  such  manner  as  they  sball  think  most  likely,  for  the 
recovering  the  said  John  Carter's  wife  and  children  from 
Canada. 

Upon  the  memorial  of  John  Curtiss  and  Daniel  Coit,  mem- 
bers of  the  late  New  London  Society,  for  themselves  and  the 
rest  of  the  members  of  said  society,  praying  that  the  bonds 
of  particular  members  of  said  society  may  be  received,  as  far 
as  such  bonds  will  go,  in  lieu  of  the  general  bonds  given  by 
said  Curtiss  and  Seymour  and  others,  for  the  interest  of 
money  loaned  by  the  government  to  the  members  of  said 
society :  Resolved  by  this  Assembly,  that  Nathaniel  Stanly, 
Esq"",  and  Capt.  John  Marsh,  committee,  be  directed  to  accept 
bonds  for  the  interest  of  particular  mortgagers,  and  endorse 
the  sums  on  the  said  general  bond,  so  far  as  they  will  go  in 
payment ;  provided  that  no  such  bond  be  taken  for  any  inter- 
est that  is  already  become  due,  and  that  such  bond  is  given 
with  surety,  or  by  the  party  himself  to  the  good  satisfaction 
of  the  said  committee. 

The  Sum  Total  of  the  Lists  of  the  several  Towns  in 

this  Colony   following,    sent  in    to    this 

Assembly  and  accepted,  viz: 


I.            s. 

d. 

I. 

s 

d. 

Hartford, 

31683     3 

8 

New  Haven, 

39207 

6 

7 

Fairfield, 

34837     1 

4 

New  London, 

26000 

0 

0 

Windham, 

17261  13 

0 

Branford, 

17459 

5 

9 

Plainfield, 

8129     3 

0 

VVeathersfield, 

,22728 

11 

8 

Glassenbury, 

8685  19 

6 

Killingly, 

12910 

10 

0 

Norwalk, 

24512  17 

11 

Stoningtown, 

23346 

6 

8 

Durham, 

8873     8 

6 

Farmingtown, 

23489 

9 

10 

Groton, 

16693  18 

0 

Guilford, 

25344 

0 

5| 

East  Haddam, 

12713  15 

0 

Canterbury, 

9388 

12 

9' 

Lyme, 

17175  14 

8 

Haddam, 

8458 

8 

10 

70 

PUBLIC 

RECORDS 

[ 

Oct 

New  Milford, 

6059     1 

2 

Stanford,   . 

22135  11 

0 

Pomfrett, 

12514  10 

0 

Hebron, 

9152  10 

0 

Greenwich, 

13113  11 

0 

Ashford, 

6399     9 

0 

Killingsworth, 

10090  11 

0 

Danbury, 

10180  14 

0 

Sjmsbuiy, 

11899  18 

0 

Preston, 

14595     6 

0 

Waterbuiy, 

8377  13 

0 

Norwich, 

34495  13 

4 

Mansfield, 

8931  10 

0 

Woodbury, 

12885  11 

0 

Wallingford, 

28871     3 

0 

Derby, 

7091     9 

7 

Milford, 

21687  19 

4 

Midletown, 

27614     2 

0 

Colchester, 

14860     3 

0 

Coventry, 

8778  18 

10 

Lebanon, 

25188  15 

6 

Windsor, 

27H5     8 

8 

Stratford, 

28387     2 

3 

Upon  the  memorial  of  Rachel  Jones  of  Hebron,  adminis- 
tratrix on  the  estate  of  her  late  husband  Samuel  Jones,  late 
of  said  Hebron,  deceas'd,  shewing  to  this  Assembly  that  the 
said  Samuel  Jones,  deceas'd,  did  in  his  life-time  borrow  and 
receive  of  this  government  the  sum  of  tbree  hundred  pounds 
of  bills  of  publick  credit,  and,  to  secure  the  payment  thereof, 
[278]  he  did,  by  one  deed  of  mortgage  by  him  given  ||  of 
thirty-four  acres  of  land,  dated  July  6th,  1733,  convey  said 
thirty  and  three  acres  in  Hebron  to  the  Governour  and  Com- 
pany, defeazable  only  on  his  paying  one  hundred  pounds  by 
the  1st  day  of  May,  1741  ;  and  to  secure  the  payment  of  one 
other  hundred  pounds,  gave  one  other  like  deed,  dated  June 
28th,  defeazable  only  on  his  paying  said  hundred  pounds  by 
the  first  day  of  May,  1741 ;  and  to  secure  the  other  hundred 
pounds  he  gave  another  like  deed,  dated  January  30th,  1734, 
defeazable  only  on  his  paying  said  hundred  pounds  by  the  1st 
day  of  May,  1742  ;  as  also  that  he  did  give  his  bonds  for  the 
payment  of  the  interest  of  said  sums  for  the  terms  of  time 
aforesaid  ;  and  also  shewing  that  he  hath  not  left  personal 
estate  sufficient  to  pay  his  other  debts  and  to  discharge  the 
payments  of  the  principal  and  interest  aforesaid ;  shewing 
also  that  the  children  of  said  Jones  are,  all  of  them,  so 
young  that  they  will  not  arrive  to  the  age  of  twenty  and  one 
years  until  after  the  year  1742,  and  cannot  dispose  of  lands 
to  discharge  the  debts  aforesaid,  whereby  the  estate  of  said  ' 
Jones  will  be  very  much  wasted,  if  remedy  can't  be  had  ; 
praying  that  she  may  be  enabled  to  sell  so  much  of  the  other 
lauds  of  the  said  Jones,  deceas'd,  as  will  discharge  the  pay- 
ment of  said  borrowed  money  and  interest:  Whereupon,  it  is 
by  this  Assembly  resolved,  that  upon  the  said  Rachel  Jones 
first  coming  to  the  judge  of  probate  in  the  county  of  Hartford 
and  giving  good  and  sufficient  bonds  with  surety  to  the  ac- 
ceptance of  said  judge,  conditioned  that  upon  her  selling 
lands  of  the  said  Jones,  deceas'd,  she  will  pay  and  discharge 


1736.]  OF      CONNECTICUT.  71 

the  mortgages  aforesaid  to  the  full  sum  of  what  she  doth  or 
can  sell  lands  for,  which  bond  the  said  judge  is  hereby  im- 
powred  and  directed  to  take,  and  in  case  of  non-fulfillment 
of  the  conditions  to  sue  and  recover,  and  to  pay  and  discharge 
the  mortgages  with  the  same  on  such  recovery,  then  the  said 
Rachel  shall  have  power,  and  the  said  Assembly  doth  hereby 
on  that  condition  grant  unto  her  power,  by  and  with  the  leave 
and  approbation  of  said  court  of  probate,  and  in  such  manner 
and  by  such  means  as  said  court  shall  appoint,  to  sell  suffi- 
cient of  the  lands  of  said  Jones  that  are  not  mortgaged  as 
aforesaid,  to  discharge  and  pay  said  borrowed  money  and 
interest.  And  a  deed  or  deeds  by  the  said  Rachel  given,  of 
any  lands  by  her  so  sold,  shall  be  good  and  sufficient  in  the 
law  to  the  sure  holding  the  same  to  the  heirs  and  assigns  of 
any  such  grantee  forever.  And  that  the  said  Rachel  pay  to 
the  said  judge  sufficient  for  his  care  and  trouble  therein. 

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

This  Assembly  do  establish  and  confirm  Mr.  Jonathan  Lat- 
timore  to  be  Ensign  of  the  second  company  or  trainband  in 
the  town  of  New  London,  and  order  that  he  be  commissioned 
accordingly. 

On  the  memorial  of  the  inhabitants  [of  the]  parish  of  Rip- 
ton  and  the  Reverend  Mr.  Jedadiah  Mills,  minister  of  the 
gospel  there,  shewing  to  this  Assembly  the  difficulty  of  their 
supporting  the  gospel  ministry  amongst  them,  by  themselves, 
and  praying  for  relief:  Resolved  by  this  Assembly,  that  the 
constables  of  the  town  of  Stratford,  when  they  have  gathered 
the  country  rate  of  the  inhabitants  of  said  parish,  shall  pay 
the  same  unto  the  said  Reverend  Mr.  Mills,  for  supporting 
him  in  his  ministerial  work  there,  and  so  do  from  year  to 
year  during  the  full  term  of  ten  years  from  the  date  hereof, 
except  what  shall  be  gatliered  of  those  professors  of  the  church 
of  England  who  shall  choose  to  order  their  part  to  be  brought 
[279]  II  into  the  publick  treasury,  and  of  every  such  sum  take 
his,  said  Mills',  receipt,  and  that  shall  be  a  sufficient  discharge 
for  said  constable  for  that  part  of  the  rate  gathered  by  him  ; 
and  likewise  the  present  constable  is  directed  to  pay  to  said 
Mills  the  country  rate  now  in  his  hands  or  to  be  by  him  col- 
lected of  the  inhabitants  of  said  parish  for  the  year  past,  and 
take  his  receipt  thereof,  whicli  shall  likewise  be  his  discharge. 
And  it  is  ordered,  that  this  shall  not  be  understood  to  abate 
any  part  of  the  duty  of  said  parish  in  paying  to  the  said  min- 
ister what  they  have  agreed  for. 


72  PUBLIC      RECORDS  [Oct. 

An  Act  in  Addition  to  an  Act  for  tlie  more  effectual 
keeping  open  Ditclies  and  Dreins  tliat  liave  been 
niade  or  liereafter-  sliall  be  made  by  Commissioners 
of  Sewers. 

That  inasmuch  as  the  clearing  said  ditches  and  dreins  in 
some  cases  may  be  more  easily  and  more  effectually  performed 
in  a  general  and  more  publick  manner  than  is  provided  in 
said  act: 

Be  it  enacted  by  the  Governour,  Council  and  Representatives , 
in  G-eneral  Court  assembled,  and  by  the  authority  of  the  same. 
That  whensoever  any  such  proprietors  shall  in  their  lawful 
meeting  vote  and  agree  by  their  major  vote,  to  be  computed 
by  their  interest,  that  the  said  ditches  and  dreins  shall  be 
repaii-ed  at  the  publick  charge  of  the  proprietors,  that  the  com- 
missioners of  sewers  shall  be  enabled,  and  they  are  hereby 
impowred,  to  imploy  persons  to  do  the  same,  and  to  assess  the 
proprietors  therefor,  and  to  levy  tiie  same  in  the  same  form 
as  they  are  by  law  enabled  to  do  for  their  first  making  the 
said  ditches  and  dreins. 

An  Act  for  the  Emitting  Bills  of  Credit  for  the  Pay- 
ment of  the  publick  Debts  of  this  Colony. 

Whereas  this  Assembly  hath  been  informed  by  the  Treas- 
urer of  this  Colony,  that  he  hath  not  a  sufficiency  of  money 
in  his  hands  to  defray  the  charges  of  this  Assembly : 

Be  it  enacted  by  the  Governoitr,  Council  and  Representatives, 
in  G-eneral  Court  assembled,  and  by  the  authority  of  the  same, 
That  the  said  Treasurer  shall  be,  and  he  is  hereby,  impowred 
and  authorized  to  issue  and  deliver  the  sum  of  one  thousand 
and  two  hundred  pounds  of  the  exchange  bills  now  in  his 
hands,  towards  the  payment  of  the  debts  and  necessary  charges 
of  this  Colony,  agreeable  to  such  orders  as  shall  be  given  him 
from  time  to  time  according  to  law. 

And  be  it  further  enacted  by  the  authority  aforesaid,  That  as 
a  fund  or  security  for  the  repayment  and  drawing  in  of  the 
said  bills  into  the  treasury  again,  this  Assembly  grants  a  tax 
or  rate  of  one  thousand  two  hundred  and  sixty  pounds,  to  be 
levyed  on  the  polls  and  all  other  rateable  estate  within  this 
Colony,  and  to  be  paid  into  the  treasury  at  or  before  the  last 
day  of  May,  1739 ;  which  said  rate  shall  be  paid  in  the  bills 
of  credit  of  this  Colony,  or  in  money  as  it  generally  passeth 
in  the  countiy  at  the  time  of  payment,  and  in  no  other  man- 
ner. 

Whereas  Ben-Uncas,  sachem  of  the  Moheag  Indians,  hath 
declared  that  he  doth  embrace  the  Christian  religion,  which  is 
the  only  instance  of  any  of  the  chiefs  of  the  Indian  natives  in 
this  Colony  becoming  Christian,  tho  much  pains  have  been 
taken  with  them  :     This  Assembly,  being  willing  to  encourage 


1736.]  OF      CONNECTICUT.  73 

so  good  a  beginning,  do  desire  his  flonour  the  Governour  to 
procure  for  the  said  sachem  a  coat  (made  in  the  English  fash- 
ion,) and  a  hat,  and  also  a  gown  for  the  said  sachem's  wife ; 
and  his  Honour  is  desired  to  draw  out  of  the  publick  treasury 
sufficient  money  to  procure  said  coat,  hat  and  gown ;  and  that 
a  copy  of  this  act  shall  be  a  sufficient  order  to  the  Colony 
Treasurer  to  deliver  out  the  money  aforesaid  to  his  Honour 
the  Governour. 

[280]  On  the  memorial  of  John  Curtiss  and  Daniel  Coit, 
in  behalf  of  the  members  of  the  late  New  London  Society, 
representing  to  this  Assembly  that  very  great  difficulties  lye 
in  the  way  of  their  dividing  the  common  stock  of  said  society 
among  the  proprietors  thereof,  whereby  many  suits  are,  and 
are  likely  further  to  arise  among  themselves,  in  regard  sev- 
eral of  said  proprietors  claim  exemption  from  loss  in  the 
stock,  by  means  whereof  the  same  is  in  great  part  in  danger 
of  being  exhausted  and  expended  :  praying  that  this  Assembly 
would  appoint  and  fully  impower  commissioners  to  hear  and 
determine  all  such  controversies,  to  the  end  that  the  same 
may  be  fully  appeased  and  settled,  and  discord  be  for  the  time 
to  come  effectually  prevented,  and  that  a  speedy  and  equita- 
ble distribution  of  said  common  stock  or  estate  of  said  society 
may  be  made  among  the  proprietors  thereof:  It  is  resolved 
by  this  Assembly,  that  Ebenezer  West,  Andrew  Burr,  Ebenezr 
Silliraan,  Thom^  Wells  and  Giles  Hall,  Esq''^,  be  Commis- 
sioners, fully  authorized  and  impowred  to  hear  and  determine 
all  such  suits,  claims  and  controversies,  as  have  arisen  or  shall 
or  may  arise  by  and  among  the  proprietors  claiming  exemp- 
tion  from  loss  that  hath  happened  unto  said  society  or  mem- 
bers thereof  in  diminution  of  the  joynt  stock  of  the  same,  with 
full  power  to  establish  a  rule  for  the  apportioning  each  ones 
share  and  dividend,  and  to  award  thereon  according  to  equity ; 
with  full  power  to  issue  forth  process  signed  by  the  major  part 
of  said  commissioners  ;  giving  them,  the  said  proprietors,  no- 
tice when  and  where  they  shall  attend  and  adjust  their  accounts, 
a  copy  whereof  left  with  said  Daniel  Coit,  the  late  clerk  of 
said  society,  fifteen  days  inclusive  before  the  convention  of 
said  commissioners,  to  be  and  deemed  to  be  a  good  service  of 
such  process,  and  the  said  clerk  is  hereby  ordered  to  notify  all 
the  members  of  said  late  New  London  Society  at  least  six 
days  before  said  convention.  Said  commissioners,  or  the 
major  part  of  them,  to  appoint  time  and  place  for  audience, 
chuse  their  own  clerk  and  swear  him,  interrogate  parties 
under  oath,  and  any  witnesses  that  may  be  needed  ;  any  three 
of  said  commissioners  to  be  a  quorum  to  Jiear  and  determine ; 

10 


74  PUBLIC      RECORDS  [Oct. 

and  that  they  hold  plea,  render  sentence,  and  grant  execution 
proper  thereon,  to  be  levyed  by  the  officers  as  executions  by 
law  in  other  cases  are  to  be,  and  that  such  sentence  be  defini- 
tive to  the  party  adjudged  ;  and  that  each  of  said  commission- 
ers have  fifteen  shillings  per  diem  paid  him  by  the  party  that 
moved  for  such  suit  or  process,  which  cost  shall  also  by  them 
be  judged  amongst  the  said  proprietors  as  said  commissioners 
shall  judge  just.  And  if  any  other  dispute  shall  arise  amongst 
the  proprietors,  or  any  of  them,  respecting  the  premises,  in 
any  respect  whatsoever,  the  same  commissioners,  by  the  same 
manner,  and  by  the  same  rule,  to  determine  the  same. 

Upon  the  memorial  of  sundry  of  the  inhabitants  of  the  town 
of  Waterbury,  praying  that  they  may  be  released  from  paying 
to  the  minister's  rate  in  the  society  whereunto  they  belong, 
and  have  liberty  to  hire  an  orthodox  minister  to  preach  to 
them  :  This  Assembly  frees  the  memorialists  from  paying 
their  minister's  rate  to  the  society  whereunto  they  now  belong, 
for  five  months  in  a  year  for  two  years  from  this  time,  that  is, 
from  the  beginning  of  December  until  the  last  of  April  annu- 
ally, in  case  they  shall  procure  an  orthodox  minister,  allowed 
to  be  so  by  the  neighbouring  ministers,  to  preach  to  them  said 
time. 

[281]  Upon  the  petition  of  Nathaniel  Bundy  of  Stoningtown 
vs.  John  Dixon  and  John  Gallop,  and  the  rest  of  the  proprie- 
tors of  the  common  and  undivided  lands  in  Voluntown  :  The 
question  was  put,  whether  the  pleas  offered  in  abatement 
thereof  are  sufficient,  and  resolved  by  this  Assembly  in  the 
affirmative.  Cost  alloio'd  respondents  against  Nath^  Bundy  is, 
51.  10s.  9d.,  and  against  the  toivn  of  Stoningtown  ol.  'Is.  'Id., 
to  ansiver  the  memorial  of  Daniel  Palmer,  ^-c. 

Upon  the  memorial  of  the  first  society  in  Hartford,  shewing 
this  Assembly  that  they,  by  a  vote  of  all  of  said  society  then 
present  (except  two)  voted  on  the  11th  of  this  instant  October 
to  build  a  meeting  house  where  Mrs.  Abigail  Woodbridge's 
barn  now  stands  in  Hartford,  near  the  dwelling  house  of  the 
Reverend  Mr.  Daniel  Wadsworth,  provided  this  Assembly  fix 
the  said  place  to  be  the  place  where  a  meeting  house  shall  be 
built  for  said  society,  and  also  shewing  that  the  said  Mrs. 
Woodbridge  will  give  a  deed  of  land  at  said  place,  convenient 
for  such  a  purpose,  in  exchange  for  the  place  formerly  given 
and  appointed  for  that  purpose ;  and  thereupon  praying  to 
have  said  place  where  said  barn  stands  affixed  for  the  purpose 
aforesaid  :  Resolved  by  this  Assembly,  that  the  said  place 
where  said  barn  stands  be,  and  the  same  is  hereby,  fixed  and 
determined  to  be  the  .place  for  building  and  erecting  a  meet- 


1736.]  OP   CONNECTICUT.  75 

ing  house  upon  by  and  for  said  first  society ;  any  other  place 
appointed,  or  act  passed,  notwithstanding. 

This  Assembly  do  appoint  and  impower  Mr.  Isaac  Dicker- 
man  and  Mr.  John  Ponderson  to  proceed  to  make  further  re- 
pairs of  Yale  College,  and  to  draw  out  of  tlie  Colony  treasury 
the  sum  of  twenty-five  pounds  to  be  improved  for  that  service. 

This  Assembly  do  liereby  order  the  Treasurer  of  the  Colony 
to  pay  out  of  the  publick  treasury  unto  Mr.  Timothy  Green, 
printer,  the  sum  of  fifty  pounds  money,  being  for  one  year's 
salary  of  the  said  printer  for  the  service  done  for  this  Colony. 

On  the  petition  of  Mathew  Copley,  jun"",  vs.  John  Ander- 
son :  The  question  was  put,  whether  anything  prayed  for 
therein  sliould  be  granted,  and  resolved  by  this  Assembly  in 
the  negative.      Cost  alloived  respondent  is  21.  12s.  Id. 

On  the  petition  of  Josiah  Hart  of  Windham  vs.  Owen  Owen, 
Esq'',  &c. :  The  question  was  put,  whether  anything  prayed 
for  therein  should  be  granted,  and  resolved  in  the  negative  by 
this  Assembly.  Cost  allowed  respondent  is  4:1.  Os.  4cZ.,  Ex. 
granted  November  Sth,  1736. 

Forasmuch  as  there  are  sundry  accounts  of  the  annual  rates 
and  payments  made  by  the  inhabitants  of  Symsbury  to  the 
Reverend  Mr.  Timothy  Woodbridge  for  his  support  in  the 
ministry :  It  is  thereupon  resolved,  that  the  inhabitants  of 
Symsbury  do  forthwith  make  up  and  settle  all  such  accounts 
with  Mr.  Woodbridge,  and  pay  to  him  what  shall  be  found  in 
arrear  of  the  sums  granted  to  him,  the  ballance  to  be  paid  in 
current  money  as  it  now  passeth,  or  bills  of  publick  credit.  And 
whereas  the  Reverend  Mr.  Timothy  Woodbridge  served  the 
people  of  Symsbury  in  the  work  of  the  gospel  ministry  for  one 
whole  year,  now  last  past  before  the  present  sessions  of  this 
Assembly,  and  no  allowance  hath  been  made  him  for  his  serv- 
ice :  This  Assembly,  in  consideration  thereof,  do  assess  the 
inhabitants  of  the  town  of  Symsbury  (except  the  inhabitants 
of  the  two.  north  societies,  now  set  off)  in  the  sum  of  one 
hundred  pounds  current  money  or  bills  of  publick  credit,  to 
be  levyed  on  their  polls  and  rateable  estate  according  to  their 
list  of  this  current  year,  and  do  appoint  and  fully  impower 
John  Case  of  Symsbury^  a  collector,  to  gather  said  rate  of  said 
inhabitants,  as  it  is  by  law  in  that  case  provided  for  the  gath- 
ering ministers'  rates,  and  pay  in  the  same  to  the  Reverend 
Mr.  Woodbridge  for  his  service  aforesaid. 

It  is  further  provided,  that  if  the  inhabitants  of  Symsbury 
shall  not,  within  two  months,  pay  to  Mr.  Woodbridge  the  -ar- 
[282]  rearages  of  his  former  account,  as  aforesaid,  ||  that  then 
Messrs.  "Henry  AUyn  and  Roger  Newberry,  of  Windsor,  upon 


76  PUBLIC      RECORDS  [Oct. 

the  motion  of  Mr.  Woodbridge,  repair  to  Sjmsbiiry,  hear  what 
the  parties  shall  offer  in  the  case,  and  adjust  the  accounts, 
and  report  to  this  Assembly  in  May  next  what  the  ballance 
on  said  accounts  is ;  all  to  be  done  at  the  cost  of  the  inhabi- 
tants of  Symsbury. 

This  Assembly  desire  his  Honour  the  Governour  to  issue 
out  an  advertisement,  and  cause  the  same  to  be  put  into  the 
Boston  newspaper,  informing  all  persons  that  have  any  bills 
of  the  Colony  of  Connecticutt,  of  those  sorts  which  were  by 
this  Assembly  in  October  last  ordered  to  be  called  in  and  ex- 
changed,— signifying  to  them  that  there  is  a  sufficiency  of 
money  in  the  treasury  for  that  service,  where  all  persons  may 
have  such  bills  exchanged,  provided  they  bring  them  in  to  the 
Treasurer  within  the  space  of  six  months  from  the  rising  of 
this  Assembly ;  and  that  the  act  of  the  General  Assembly  in 
May  last,  requiring  the  halves  of  quarters  of  bills  to  be  bro't 
into  the  treasury  by  the  20th  of  May  next,  be  inserted  in  said 
advertisement. 

Ordered  hy  this  Assembly^  That  Mr.  Timothy  Green,  printer, 
be  allowed  out  of  the  -publick  treasury  the  sum  of  fifteen 
pounds  besides  what  he  hath  already  had  orders  to  receive, 
for  his  service  in  the  stamping  of  the  25000L  in  bills  last 
printed. 

Upon  the  report  of  the  committee  appointed  by  this  Assem- 
bly in  May  last  to  ascertain  a  place  in  the  parish  of  Millington 
to  erect  a  meeting  house  upon :  Resolved  by  this  Assembly, 
that  the  place  described  in  said  report  (viz.)  upon  the  eastern 
side  of  a  hill,  about  a  mile  or  mile  and  quarter  southeast- 
wardly  of  the  house  of  Mr.  Jonathan  Chapman,  and  about 
three  quarters  of  a  mile  east  of  the  house*  of  Samuel  Fuller, 
where  said  committee  have  marked  two  white  oak  staddles 
and  laid  stones  about  them,  shall  be,  and  is  hereby  appointed 
to  be,  the  place  for  said  parish  to  build  a  meeting  house 
upon. 

Upon  the  report  of  Roger  Wolcott,  James  Wadsworth  and 
Thomas  Wells,  Esqr%  relating  to  the  affair  of  Symsbury  so- 
cieties with  some  part  of  Windsor  and  Farmingtown,  accepted 
by  this  Assembly : 

Resolved  and  enacted  hy  this  Assembly.,  That  the  inhabitants 
aforesaid  at  the  southwest  corner  of  said  Windsor,  with  part 
of  the  inhabitants  of  said  Farmingtown  and  Symsbury,  be, 
and  are  hereby  made,  one  distinct  society,  endowed  with  parish 
powers  and  privileges  as  fully  as  other  parishes  already  by  law 
are  allowed ;  and  the  bounds  thereof  as  followeth  :  Easterly 
by  a  line  parallel  to  Windsor   bounds  with  Symsliury,  from 


1736.]  OP     CONNECTICUT.  77 

Hartford  bounds  to  the  south  bounds  of  Paquanuck  society,  so 
far  east  as  to  take  in  the  house  of  Peter  Mills  ;  south  on  Hart- 
ford bounds  to  their  northwest  corner,  then  further  west  till 
it  intersects  a  south  line  drawn  from  the  house  of  Daniel  Foot; 
then  bounded  west  by  a  line  drawn  north  from  the  southwest 
corner  till  it  takes  in  the  house  of  Daniel  Foot,  then  to  con- 
tinue northward  till  it  takes  in  the  houses  of  Timothy  Moses, 
Thomas  Addams,  Lemuel  Roberts  and  Richard  Roberts,  and 
then  the  line  to  extend  east  to  Windsor  bounds  ;  and  the  re- 
mainder bounded  by  Paquanuck  society ;  and  said  parish  to 
be  known  by  the  name  of  Wintonbury  Parish. 

And  it  is  further  resolved  and  enacted.  That  there  be  a 
distinct  society  at  the  northwest  corner  of  Symsbury,  at  the 
[2yo]  II  place  called  Salmon  Brook ;  and  the  inhabitants  thereof 
are  hereby  made  one  distinct  society,  and  are  endowed  with  par- 
ish powers  and  privileges,  as  fully  as  other  parishes  allowed  by 
law  are ;  and  the  bounds  of  said  parish  is  as  followeth  :  To  begin 
at  the  mouth  of  Salmon  brook,  then  bounded  east  by  said  brook 
to  the  place  where  the  path  near  Capt.  Holcomb's  crosseth  it, 
from  thence  by  a  line  drawn  northward  to  the  west  side  of  the 
great  marsh,  and  so  continue  to  Symsbury  north  bounds  ; 
bounded  north  and  west  at  the  bounds  of  Symsbury,  bounded 
south  by  Saxton's  brook,  excluding  Saxton's  lands  and  the 
families  of  Higleys,  and  from  Saxtons  brook  by  a  line  drawn 
west-northwest  to  Symsbury  west  bounds. 

And  it  is  further  resolved  and  enacted,  That  there  be  a  society 
in  the  northeast  corner  of  Symsbury,  at  the  place  called 
Turky  Hills ;  and  the  inhabitants  thereof  are  hereby  made  one 
distinct  society,  and  are  endowed  hereby  with  parish  powers 
and  privileges  as  other  parishes  already  allowed  by  law  have  ; 
and  is  bounded  as  followeth  :  Bounded  south  by  the  little 
river,  east  by  Windsor  and  Suffield  bounds,  north  by  Syms- 
bury bounds,  west  by  the  lastmentioned  society. 

And  it  is  further  resolved  and  enacted,  That  the  remaining 
part  of  the  inhabitants  of  said  Symsbury  be  one  distinct  soci- 
ety, endowed  with  parish  powers  and  privileges  as  aforesaid. 

This  Assembly  grants  unto  Mr.  Secretary  Wyllys  the  sum 
of  ten  pounds  money,  for  his  salary  the  current  year. 

The  several  Acts,  Grants  and  Orders,  of  this  Assembly,  as 
they  stand  entered  in  the  pages  of  this  book  next  preceding, 
were  read  in  the  presence  of  both  Houses,  and  by  them  or- 
dered to  be  signed  by  the  Secretary  as  compleat, 

George  Wyllys,  Secret'' y. 


78  PUBLIC    RECORDS  [May, 


[•284]     Connecticutt 

Colony. 

At  a  General  Assembly  holden  at  Hartford  in  his  Majes- 
ties English  Colony  of  Connecticut  in  America,  on 
Thursday  the  12th  day  of  May,  anno  regni  Regis  Geor- 
Gii  2di,  Magn^  Britannia,  &c.,  decimo,  annoqub  Domini 
1737,  AND  continued  by  several  adjournments  till  the 
31st  day  op  the  same  month.* 

Present  : 
The  Honourable  Joseph  Talcott,  Esq"",  Governoiir. 
The  Honourable  Jonathan  Law,  Esq!",  Deputy  Governour. 

Samuel  Eells,  Timothy  Pierce,  ^ 

Roger  Wolcott,  John  Burr,  | 

James  Wadsworth,    Samuel  Lynde,      1   t:^     ,„      i     w     ^ 

Nathaniel  Stanly,      Edmund  Lewiss,  >  ^^^^^'  ^^^•^^^«'^^-^- 

Joseph  Whiting,        William  Pitkin,     | 

Ozias  Pitkin,  Roger  Newton,     j 

Mejyresentatives  or  Deputies  that  were  returned  to  attend  at  this 
Assembly  are  as  follow,  (viz:) 

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

Mr.  John  Richards,  Mr.  Jeremiah  Miller^  for  New  London. 

Mr.  Richard  Abbe,  Capt.  Jabez  Huntington,  for  Windham. 

Capt.  Nathan  Baldwin,  Mr.  Robert  Treat,  for  Milford. 

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

Capt.  William  Preston,  Mr.  Noah  Hinman,  for  Woodbury. 

Mr.  David  Sherman,  Mr.  Joseph  Blackleach,  for  Stratford. 

Mr.  John  Gris would,  Mr.  Richard  Lord,  for  Lyme. 

Mr.  William  Marsh,  Mr.  Thomas  Peirce,  for  Plainfield. 

Mr.  Andrew  Lord,  Mr.  Jedadiah  Chapman,  for  Saybrook. 

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

Mr.  Jedadiah  Tracey,  Mr.  John  Cook,  for  Preston. 

Capt.  Samuel  Handford,  Mr.  Tliomas  Benedict,  for  Norwalk. 

Capt.  Jonathan  Ailing,  Mr.  Joseph  Mix,  for  New  Haven. 

Capt.  Andrew  Burr,  Mr.  Ebenezer  Silliman,  for  Fairfield. 

Mr.  Hezekiah  Huntington,  Capt.  Joseph  Tracey,  for  Norwich. 

Mr.  Luke  Perkins,  Mr.  Dudley  Woodbridge,  for  Groton. 

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

Mr.  John  Grigory,  Mr.  Thomas  Benedict,  for  Danbury. 

Capt:  Jonathan  Hoit,  Mr.  Jonathan  Maltbie,  for  Standford. 

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

Capt.  Stephen  Noble,  Mr.  John  Bostwick,  for  New  Milford. 

Mr.  Isaac  Spencer,  for  East  Haddam. 

Capt.  John  Riggs,  for  Derby. 

Major  John  Sabin,  Mr.  Joseph  Craft,  for  Pomfrett. 

*  The  Journal  of  the  Upper  House  at  this  session  is  not  found. 


1737.]  OF   CONNECTICUT.  79 

Capt.  John  Rnssell,  Capt.  Thomas  Harrison,  for  Branford. 
Capt.  Henry  Allyn,  Mr.  'Roger  Newberry,  for  Windsor. 
[285]     Capt.  George  Phillips,  Mr.  Jabez  Hamlin,  for  Midle- 

toWn. 
Mr.  Isaac  Kendall,  Mr.  Philip  Eastman,  for  Ashford. 
Capt.  Samuel  Hill,  Capt.  Timothy  Stone,  for  Guilford. 
Coll.  David  Goodrich,  Capt.  John  Chester,  for  Weatliersfield. 
Mr.  Joseph  Leavinz,  Mr.  Hczekiah  Sabin,  for  Killingly. 
Capt.  Joseph  Addams.  Mr.  Jabez  Fitch,  for  Canterbury. 
Mr.  Ebenezer  Mead,  Capt.  Nathaniel  Peck,  lor  Greenwich. 
Mr.  John  Lane,  Mr.  Elnathan  Stephens,  for  Killingsworth. 
Capt.  Hezekiah  Gaylord,  Mr.  Joseph  Phelps,  for  Hebron. 
Capt.  Benjamin  Hall,  Capt.  Theophilus  Yale,  for  Wallingford. 
Mr.  Joseph  Phelps,  Mr.  Benajah  Case,  for  Symsbury. 
Capt.  Daniel  Palmer,  Mr.  Theopbilus  Baldwin,  for  Stoning- 

town. 
Mr.  Nathan  Camp,  Mr.  Elihu  Cbauncey,'  for  Durham. 
Mr.  Stephen  Hopkins,  Mr.  Joseph  Lewiss,  for  Waterbury. 
Capt.  Thomas  Wells,  Mr.  Jonathan  Hale,  for  Glassenbury. 
Capt.  James  Brainerd,  for  Haddam. 

Mr.  Ebenezer  Silliman,  Speaker  )  of  the  House  of  Repre- 

Mr.  John  Russell,  Clerk  )  sentatives. 

This  day  being  appointed  by  charter  and  the  laws  of  this 
Colony  for  the  election  of  the  publick  officers  of  this  corpora- 
tion, (yiz:^  Governour,  Deputy  Governour,  Assistants,  Treas- 
urer, and  Secretary,  proclamation  was  made,  and  the  freemen 
proceeded  to  give  in  their  votes  to  persons  appointed  by  the 
Governour,  Council  and  Representatives,  to  receive,  sort  and 
count  them  ;  which  persons  were,  Roger  Wolcott,  Nathaniel 
Stanly,  Joseph  Whiting,  Ozias  Pitkin,  Timothy  Pierce,  John 
Burr,  Samuel  Lynde,  William  Pitkin,  Roger  Newton,  Esq'"% 
Mr.  John  Chester,  Mr.  Joseph  Buckingham,  Mr.  John  Russell, 
Mr.  Robert  Treat,  Mr.  John  Griswould,  Mr.  John  Richards, 
Mr.  Jonathan  Hoit,  Mr.  Joseph  Blackleach,  Mr.  Richard  Ab- 
bee,  and  Mr.  Josiah  Conant.  And  the  freemen's  votes  being 
bro't  in.  sorted  and  counted. 

The  Honourable  Joseph  Talcott,  Esq"",  was  chosen  Gover- 
nour of  this  Colony  for  the  year  ensuing,  and  the  Governour's 
oath  and  the  oath  required  by  act  of  Parliament  relating  to 
trade  a,nd  navigation,  were  administred  to  him  in  the  pres- 
ence of  the  Assembly. 

The  Honourable  Jonathan  Law,  Esq"",  was  chosen  Deputy 
Governour  of  this  Colony  for  the  year  ensuing,  and  the  Dep- 
uty Governour's  oath  was  administred  to  him  in  the  presence 
of  this  Assembly. 

Samuel  Eells,  Esq"",  Roger  Wolcott,  Esq"",  James  Wads- 


80  PUBLIC    RECOEDs  [May, 

worth,  Esq"",  Nathaniel  Stanly,  Esq'",,  Joseph  Whiting,  Esq"", 
Ozias  Pitkin,  Esq%  Timothy  Pierce,  Esq%  John  Burr,  Esq"", 
Samuel  Lynde,  Esqf,  Edmund  Lewiss,  Esq"",  William  Pitkin, 
Esqi",  Roger  Newton,  Esq"",  were  chosen  Assistants  for  the 
year  ensuing,  and  the  Assistant's  oath  was  administred  to 
them  by  his  Honour  the  Governour. 

[286]  Mr.  John  Whiting  was  chosen  Treasurer  of  this 
Colony  for  the  year  ensuing,  and  had  the  Treasurer's  oath 
administred  to  him  accordingly. 

George  Wyllys  was  chosen  Secretary  of  this  Colony  for  the 
year  ensuing,  and  was  accordingly  sworn  to  that  office  and 
trust  in  the  presence  of  this  Assembly. 

This  Assembly  do  appoint  the  Honourable  Jonathan  Law, 
Esqr,  to  be  Chief  Judge  of  the  Superiour  Courts  in  this  Col- 
ony the  year  ensuing. 

This  Assembly  do  appoint  Samuel  Eells,  Esq^,  Roger  Wol- 
cott,  Esq"',  James  Wadsworth,  Esq"",  Joseph  Whiting,  Esq^to 
be  Judges  of  the  Superiour  Courts  in  this  Colony  the  year 
ensuing. 

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

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

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

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

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

This  Assembly  do  appoint  the  Honourable  Joseph  Talcott, 
Esqr,  to  be  Judge  of  the  Courts  of  Probate  in  the  county  of 
Hartford  the  year  ensuing. 

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

This  Assembly  do  appoint  Josliua  Hempstead,  Esq"",  to  be 
Judge  of  the  Courts  of  Probate  in  the  district  of  New  Lon- 
don the  year  ensuing. 

This  Assembly  do  appoint  John  Burr,  Esq%  to  be  Judge  of 
the  Courts  of  Probate  in  the  district  of  Fairfield  the  year  en- 
suino'. 


1737.]  OP      CONNECTICUT.  81 

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

This  Assembly  do  appoint  James  Hooker,  Esq"",  to  be 
Judge  of  the  Courts  of  Probate  in  the  dibtrict  of  Guilford  the 
year  ensuing. 

This  Assembly  do  appoint  Joseph  Minor,  Esq"",  to  be  Judge 
of  the  Courts  of  Probate  in  the  district  of  Woodbury  the 
year  ensuing. 

This  Assembly  do  appoint  Jonathan  Hoit,  Esqr,  to  be  Judge 
of  the  Courts  of  Probate  in  the  district  of  Standford  the  year 
ensuing. 

This  Assembly  do  appoint  Samuel  Mather,  David  Goodrich, 
William  Wadsworth,  John  Marsh  and  Thomas  Wells,  Esq", 
to  be  Justices  of  the  Peace  and  Quorum  in  and  for  the  county 
of  Hartford  the  year  ensuing. 

This  Assembly  do  appoint  John  Hooker,  Hezekiah  Wyllys, 
James  Wells,  Henry  Allyn,  John  Chester,  Giles  Hall,  Jabez 
Hamlin,  Joseph  White,  Thomas  Hart,  John  Humphrey,  John 
[287]  Bulkley,  aNathaniel  Foot,  Israel  Newton,  ||  Benjamin 
Skinner,  John  Bissell,  John  Buel,  Samuel  Olmstead,  Joseph 
Bird  and  Samuel  Chapman,  Esqi's,  to  be  Justices  of  the  Peace 
in  and  for  the  county  of  Hartford  the  year  ensuing. 

This  Assembly  do  appoint  Samuel  Bishop,  John  Riggs, 
John  Russell  and-  Samuel  Hill,  Esq^s  to  be  Justices  of  the 
Peace  and  Quorum  in  the  county  of  New  Haven  the  year  en- 
suing. 

This  Assembly  do  appoint  James  Hooker,  Theophilus  Yale, 
Andrew  Ward,  Samuel  Gun,  Janna  Meiggs,  Henry  Crane, 
Samuel  Hall,  Benjamin  Hall,  John  Bostwick,  jun^,  Timothy 
Hopkins,  John  Prout,  Isaac  Dickerman,  Roger  Brownson, 
William  Gold  and  Thomas  Clark,  Esq""*,  to  be  Justices  of  the 
Peace  in  and  for  the  county  of  New  Haven  the  year  ensuing. 

This  Assembly  do  appoint  Daniel  Palmer,  Joseph  Backus, 
Joshua  Hempstead,  Benajah  Bushnell  and  Jolm  Griswould, 
Esqrs,  to  be  Justices  of  the  Peace  and  Quorum  in  and  for  the 
county  of  New  London  the  year  ensuing. 

This  Assembly  do  appoint  Abraham  Pierson,  David  Buel, 
Samuel  Willard,  Joseph  Blague,  Nathaniel  Clark,  Thomas 
Lee,  Richard  Lord,  Thomas  Prentiss,  Jeremiah  Miller,  John 
Richards,  Christopher  Avery,  2d,  Humphrey  Avery,  Theophi- 
lus Baldwin,  John  Cook,  Hezekiah  Parks,  Jabez  Hide,  Wil- 
liam Hide,  jun"",  Jabez  Perkins,  Jedadiah  Tracy,  Luke  Per- 
kins, Hezekiah  Huntington,  Daniel  Denison,  and  John  Led- 

11 


82  PUBLIC    RE  c-o  EDS  [May, 

yard,  and  John  Lane,  Esq^s,  to  be  Justices  of  the  Peace  in 
and  for  the  county  of  New  London  the  year  ensuing. 

This  Assembly  do  appoint  Joseph  Piatt,  Joseph  Minor,  An- 
drew Burr,  John  Thompson,  Jonathan  Hoit,  and  Ebenezer 
Silliman,  Esq^s,  to  be  Justices  of  the  Peace  and  Quorum  in 
and  for  the  county  of  Fairfield  the  year  ensuing. 

This  Assembly  do  appoint  John  Grigory,  William  Preston, 
James  Beebe,  Samuel  Handford,  Thomas  Bennett,  Thomas 
Tousey,  Ephraim  Curtiss,  Sam'  Couch,  John  Read,  Samuel 
Hoit,  Ebenezer  Mead,  Nathaniel  Peck,  James  Benedict,  Ben- 
jamin Heacock,  Noah  Hinman,  Joseph  Blackleach,  Ebenezer 
Smith,  Jonathan  Maltbie,  and  James  Reynolds,  Esq^^,  to  be 
Justices  of  the  Peace  in  and  for  the  county  of  Fairfield  the 
year  ensuing. 

This  Assembly  do  appoint  Joseph  Addams,  Ebenezer  West, 
Richard  Abbee,  and  William  Throop,  Esq^s,  to  be  Justices  of 
the  Peace  and  Quorum  in  and  for  the  county  of  Windham 
the  year  ensuing. 

This  Assembly  do  appoint  Joshua  Ripley,  Joseph  Strong, 
Joseph  Leavinze,  John  Woodward,  Peter  Buell,  Leicester 
Grosvenour,  Josiah  Conant,  PhiHp  Eastman,  Joseph  Cadey, 
Jonathan  Huntington,  John  Creerey,  and  Ebenezer  Dow, 
Esq''%  to  be  Justices  of  the  Peace  in  and  for  the  county  of 
Windham  the  year  ensuing. 

This  Assembly  do  establish  and  confirm  Mr.  James  Utley 
to  be  Captain  of  the  third  company  or  trainband  in  the  town 
of  Windham,  and  order  that  he  be  commissioned  accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Philip  Abbott 
to  be  Ensign  of  the  3d  company  or  trainband  in  the  town  of 
Windham,  and  order  that  he  be  commissioned  accordingly. 

[288]  This  Assembly  do  establish  and  confirm  Mr.  Jona- 
than Russell  to  be  Lieutenant  of  the  2d  company  or  trainband 
in  the  town  of  Brandford,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jonathan  But- 
ler, jun"",  of  Brandford,  to  be  Ensign  of  the  2d  company  or 
trainband  in  the  town  of  Brandford  aforesaid,  and  ordered  that 
he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Hart 
to  be  Lieutenant  of  the  northwest  company  or  trainband  in 


1737.]  OF      CONNECTICUT.  83 

the  town  of  Midletown,  and  order  that  |he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Galpin  to 
be  Ensign  of  the  northwest  company  or  trainband  in  the  town 
of  Midletown,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Isaiah  Tuttle 
to  be  Ensign  of  the  company  or  trainband  at  the  parish  of 
North  Haveii  in  the  town  of  New  Haven,  and  order  that  he 
be  commissioned  accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Cluck- 
stone  of  Norwalk  to  be  Lieutenant  of  the  second  company  or 
trainband  in  the  town  of  Norwalk  aforesaid,  and  order  that 
he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Ray- 
mond to  be  Ensign  of  the  second  company  or  trainband  in 
the  town  of  Norwalk,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Cor- 
nish to  be  Ensign  of  the  south  company  or  trainband  in  the 
town  of  Symsbury  aforesaid,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Andrew  Tut- 
tle to  be  Captain  of  the  northeast  company  or  trainband  in 
the  town  of  New  Haven,  and  order  that  he  be  commissioned 
accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Israel  Munson 
to  be  Ensign  of  the  northeast  company  or  trainband  in  the 
town  of  New  Haven,  and  order  that  he  be  commissioned  ac- 
cordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Ephraim 
Grant  to  be  Ensign  of  the  company  or  trainband  in  the  town 
of  Tolland,  and  order  that  he  be  commissioned  accord- 
ingly. 


84  PUBLIC     RECORDS  [May, 

This  Assembly  do  establish  and  confirm  Mr.  Richard  Hub- 
bell  to  be  Captain  of  the  company  or  trainband  in  the  parish 
of  Ripton,  in  the  town  of  Stratford,  and  order  that  he  be 
commissioned  accordingly. 

[289]  This  Assembly  do  establish  and  confirm  Mr.  Joseph 
Blackleach  to  be  Lieutenant  of  the  company  or  trainband  at 
the  parish  of  Ripton,  in  the  town  of  Stratford,  and  order  that 
he  be  commissioned  accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Bishop 
to  be  Captain  of  the  fourth  company  or  trainband  in  the 
town  of  Norwich,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Lo- 
throp to  be  Lieutenant  of  the  4th  company  or  trainband  in 
the  town  of  Norwich,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Isaac  Law- 
rence to  be  Ensign  of  the  4th  company  or  trainband  in  the 
town  of  Norwich,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Bou- 
ton  to  be  Ensign  of  the  second  company  or  trainband  in  the 
town  of  Danbury,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas 
Hodgskins  to  be  Captain  of  the  company  or  trainband  in  East 
Guilford,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Benjamin 
Blachly  to  be  Lieutenant  of  [the]  company  or  trainband  at 
East  Guilford,  in  the  town  of  Guilford,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Graves 
to  be  Ensign  of  the  company  or  trainband  at  East  Guilford, 
in  the  town  of  Guilford,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Zachariah 
Bicknall  to  be  Captain  of  the  company  or  trainband  in  the 
town  of  Ashford,  and  order  that  he  be  commissioned  accord- 
ingly. 

Tliis  Assembly  do  establish  and  confirm  Mr.  William  Wad- 


1737.]  OF      CONNECTICUT,  85 

kins  to  be  Ensign  of  the  company  or  trainband  in  the  town 
of  Ashford,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Luke  Perkins 
to  be  Lieutenant  of  the  2d  company  or  trainband  in  the  town 
of  Groton,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Clark 
to  1)6  Captain  of  the  3d  company  or  trainband  in  the  town  of 
Lebanon,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Buck- 
ingham of  Lebanon,  to  be  Lieutenant  of  the  3d  company  or 
trainband  in  tlie  town  of  Lebanon  aforesaid,  and  order  that  he 
be  commissioned  accordingly. 

[290]  This  Assembly  do  establish  and  confirm  Mr.  John 
Doggett  of  Lebanon,  to  be  Ensign  of  the  3d  company  or  train- 
band in  the  town  of  Lebanon,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Hezekiah  Sa- 
bin  to  be  Captain  of  the  company  or  trainband  at  Thompson 
parish,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Dwight 
to  be  Lieutenant  of  the  company  or  trainband  in  Thompson 
parish,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Fennel  Child 
to  be  Ensign  of  the  company  or  trainband  at  Thompson  parish, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  appoint  Nathaniel  Stanly,  Esq"",  and  Capt. 
John  Marsh,  to  return  the  thanks  of  this  Assembly  to  the 
Reverend  Mr.  Benjamin  Colton  for  his  sermon  preached  be- 
fore this  Assembly  on  the  day  of  Election,  and  desire  a  copy 
of  it  for  the  press. 

Nathaniel  Stanly,  Esq"",  and  the  rest  of  the  committee 
ordered  by  this  Assembly  to  receive  the  contribution  money 
for  gospelizing  the  Indians  and  exchange  the  torn  bills  with 
the  Treasurer,  are  hereby  ordered  to  take  a  true  account  of 
the  sum  total  of  such  torn  bills,  and  then  consume  the  same 
in  the  fire  ;  and  on  their  shewing  an  account  thereof  unto  the 
Treasurer  of  this  Colony,  the  said  Treasurer  is  hereby  ordered 
to  deliver  out  unto  the  said  committee  the  like  sum  in  good 
bills  of  this  Colony  printed  for  exchange. 

This  Assembly  do  appoint  Joseph  Whiting,  William  Pitkin, 
Esq'"%  Mr.  John  Richards,  Mr.  Elihu  Chauncey,  Mr.  Jonathan 
Hale,  Mr.  Nathan  Baldwin,  Mr.  Dudley  Woodbridge,  Mr. 
Jonathan  Maltbie,  Mr.  Jabez  Fitch,  and  Mr.  Jabez  ITamlin, 
Auditors,  to  audit  the  Colony's  accounts  with  the  Treasurer. 


S6  PUBLIC     RECORDS  [May, 

Edmund  Lewiss,  Esqr,  surveyour  of  the  county  of  Fairfield, 
being  appointed  by  this  Assembly  in  Octoljer  last  to  lay  out 
to  Thomas  Lamb  of  Weatauge  three  acres  of  land  then  granted 
to  him,  and  exchange  the  same  with  him  if  he  thought  best 
for  an  equivalent  of  said  Lamb's  land,  and  lay  out  the  same 
to  the  Governour  and  Company,  <fcc.,  and  make  return  to  this 
Assembly,  accordingly  now  exhibited  his  survey  of  said  grant 
to  said  Lamb,  as  also  of  an  equivalent  of  said  Lamb's  land  to 
the  said  Governour  and  Company ;  which  is  accepted  by  this 
Assembly;  and  the  said  Edmund  Lewiss,  Esq^,  is  hereby 
further  appointed  to  take  of  the  said  Thomas  Lamb  to  the 
Governour  and  Company  of  this  Colony  a  well  executed  deed 
of  the  land  surveyed  to  them  as  aforesaid,  and  lodge  the  same 
in  the  Secretary's  office  to  be  recorded  ;  which  being  recorded, 
the  said  Lamb  may  have  a  patent  according  to  the  survey. 

Samuel  Eells,  Esq^,  appointed  by  this  Assembly  to  be  judge 
of  the  county  courts  in  the  county  of  New  Haven,  declining 
to  sit  in  that  office,  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. 

[291]  This  Assembly  do  establish  and  confirm  Mr.  John 
Mitchell  to  be  Lieutenant  of  the  north  company  or  trainband 
in  the  town  of  Woodbury,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Valentine. 
Prentice  to  be  Ensign  of  the  north  company  or  trainband  in 
the  town  of  Woodbury,  and  order  that  he  be  commissioned 
accordingly. 

Whereas  Mrs.  Elizabeth  Ledyard,  executrix  upon  the  last  will 
and  testament  of  Capt.  Richard  Christophers,  late  naval  offi- 
cer in  the  port  of  New  London,  nor  any  other  person  in  her 
behalf,  hath  rendered  any  account  of  the  several  sums  of 
money  received  and  bonds  taken  by  said  Capt.  Christophers 
in  his  said  capacity:  Therefore,  this  Assembly  do  appoint 
and  fully  impower  Samuel  Lynde,  Esq'',  and  Mr.  John  Rich- 
ards, to  reckon  with,  state- and  settle,  the  said  accounts  with 
the  said  executrix  and  Mr.  Isaac  Ledyard,  (with  whom  said 
executrix  is  joyned  in  marriage ;)  and  they  shall  receive  of 
them  all  sums  of  money  and  bonds,  in  the  said  executrix's 
hands,  that  belong  to  this  government,  and  deliver  such  money 
to  the  Treasurer,  taking  his  receipt ;  and  the  bonds  to  Mr. 
Jeremiah  Miller,  the  present  naval  officer,  taking  his  receipt 
for  tlie  same.  And,  forasmuch  as  this  Assembly  is  now  in- 
formed that  the  late  sheriff,  Mr.  Richard  Christophers,  Junr, 
deceas'd,  had  in  his  hands  several  sums  of  money  that  he  had 


1737.]  OP      CONNECTICUT.  87 

levyed  by  executions  for  this  government,  wliich  hath  yet 
never  yet  been  paid  into  the  Colony  treasury:  Therefore,  this 
Assembly  do  appoint  Samuel  Lynde,  Esq"",  and  Mr.  John  Rich- 
ards, to  receive  the  said  money  of  the  widow  of  said  deceas'd, 
or  other  person,  if  any  there  be,  that  administers  upon  the 
said  deceas'd's  estate,  and  deliver  what  money  they  shall  so 
receive  to  the  Colony  Treasurer,  taking  his  receipt  for  the 
same.  And  the  said  persons  are  directed  to  lay  their  doings, 
both  in  reference  to  the  money,  &c.,  received  by  the  said  naval 
officer,  and  the  money  levyed  by  the  said  sheriff,  before  this 
Assembly  in  October  next. 

This  Assembly  do  appoint  Nathaniel  Stanly,  Esq"",  to  receive 
of  the  Colony  Treasurer  all  the  broken  money  in  the  hands 
of  said  Treasurer,  emitted  by  any  of  our  neighbouring  govern- 
ments, that  by  acts  of  any  of  said  governments  ought  to  be 
exchanged.  And  the  said  Nathaniel  Stanly  is  hereby  directed 
to  take  the  first  suitable  opportunity  to  send  such  broken 
money  to  the  respective  Treasurers  proper  to  exchange  the 
same,  and  return  the  same  unto  the  said  Colony  Treasurer, 
taking  his  receipt  for  such  money.  And  the  said  Nathaniel 
Stanly,  Esq"",  is  also  directed  to  take  the  same  care  to  ex- 
change the  broken  money  contributed  to  christianize  the  In- 
dians, and  to  return  what  he  shall  receive  in  exchange  to  his 
Honour  the  Governour. 

Upon  consideration  of  the  complaints  of  the  people  in  some 
parts  of  this  government  of  the  great  scarcity  of  grain  among 
them,  and  that  persons  are  in  danger  of  suffering  thereby, 
unless  the  exportation  thereof  out  of  the  government  be  pre- 
vented. 

Be  it  therefore  enacted  hy  the  Grovernour,  Council  and  Rep- 
resentatives^ in  Qeneral  Court  assembled^  and  by  the  authority 
[292]  of  the  same,  That  no  flour  or  ||  grain,  (oats,  and  neces- 
sary stores  for  vessels  bound  to  sea  only  excepted,)  before  the 
twentieth  day  of  June  next,  (without  special  allowance  of  the 
Governour  and  Council,)  be  exported  out  of  this  government, 
unless  such  as  is  already  shipped  on  board  some  vessel  for 
transportation. 

And  it  is  further  enacted  hy  the  authority  aforesaid,  That  if 
any  master  of  any  -vessel,  before  the  twentieth  day  of  June 
as  aforesaid,  shall  receive  on  board  his  vessel  aity  flour  or 
grain,  other  than  oats  and  necessary  sea  stores  as  abovesaid, 
in  order  for  exportation  out  of  this  government,  such  master 
shall  be  liable  to  a  fine  of  fifty  pounds  money,  and  the  owner 
or  owners  of  such  grain,  &c.,  shall  forfeit  to  the  government 
all  the  flour  or  grain  shipped  for  exportation  as  aforesaid,  or 
the  value  thereof  in  money. 


88  PUBLIC     RECORDS  [May, 

And  it  is  further  enacted  hy  the  authority  aforesaid.  That  if, 
at  the  expiration  of  the  term  aforesaid,  the  Honourable  the 
Governour  and  Council  shall  judge  it  necessary  to  continue 
the  prohibition  aforesaid  for  a  longer  time,  his  Honour  the 
Governour  is  desired  to  issue  out  his  proclamation  for  prohib- 
iting the  exportation  thereof  for  such  time  as  he,  with  the 
Council,  shall  think,  proper. 

And  it  is  further  enacted  hy  the  authority  aforesaid.  That  it 
shall  be  the  duty  of  the  constables  [and]  grandjurors  in  the 
several  towns  in  this  government,  to  enquire  after  all  breaches 
of  this  act  and  the  contempt  of  the  orders  of  the  Governour 
and  Council  as  aforesaid,  and  to  make  presentment  thereof  to 
the  next  assistant  or  justice  of  the  peace,  who  is  impowred  to 
bind  such  person  or  persons  over  to  the  next  county  court  in 
the  county  to  which  such  authority  belongs,  to  answer  for  his 
delinquency  as  aforesaid. 

An  Act  for  the  better  Enforcing  an  Act  passed  by  this 

Assembly  in  their  present  Session,  Prohibiting 

the  Exportation  of  Grain. 

It  is  now  further  enacted.  That  the  collector  and  naval  offi- 
cers in  the  several  ports  in  this  government  be,  and  they  are 
hereby,  directed  and  impowred,  (when  the  master  of  any  ves- 
sel applies  to  them  for  a  clearing,)  to  make  strict  enquiry, 
whether  they  have  any  of  the  grain  or  flour  prohibited  in  said 
act  on  board  their  said  vessel  for  exportation,  and,  if  need  be, 
to  examine  such  masters  upon  oath ;  and  if,  upon  examina- 
tion, they  find  any  grain  or  flour  was  shipped  on  board  said 
vessel  after  the  prohibition  aforesaid,  they  are  hereby  strictly 
forbidden  to  grant  any  clearing  for  said  vessel  till  such  grain 
or  flour,  prohibited  as  aforesaid,  is  landed. 

This  Assembly  do  establish  and  confirm  Mr.  Ebenezer  Eagles- 
tone  to  be  Lieutenant  of  [the]  south  company  or  trainl^and 
in  the  town  of  Midletown,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Wait  Corn- 
well  to  be  Ensign  of  the  south  company  or  trainband  in  the 
town  of  Midletown,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jonathan  Allyn 
of  Midletown  to  be  Ensign  of  the  Newfield  company  or  train- 
band in  the  town  of  Midletown  aforesaid,  and  order  that  he 
be  commissioned  accordingly. 

[29-3]  This  Assembly  do  establish  and  confirm  Mr.  John 
Talcott  to  be  CajDtain  of  the  company  or  trainband  in  the  town 
of  Bolton,  and  order  that  he  be  commissioned  accordingly. 
■     This  Assembly  do   establish  and  confirm  Mr.  Thomas  Pit- 


1787.]  OF      CONNECTICUT,  89 

kin  to  be  Lieutenant  of  the  company  or  trainband  in  the  town 
of  Bolton,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Benjamin  Tal- 
cott  to  be  Ensign  of  the  company  or  trainband  in  the  town  of 
Bolton,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Stiles 
to  be  Lieutenant  of  the  second  company  or  trainband  in  the 
town  of  Windsor,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Thomas  Sadd 
to  be  Ensign  of  the  north  company  or  trainband  on  the  east 
side  Connecticut  River  in  the  town  of  Windsor,  and  order 
that  he  be  commissioned  accordingly. 

An  Act  for  the  further  Restraining  of  Appeals  and 
Revie^A^s  in  some  Cases. 

Whereas  many  evil  minded  persons,  by  pretence  of  great 
damages  in  their  actions  of  debt,  trespass,  of  the  case,  and  in 
other  personal  actions,  have  had  opportunity  of  removing  said 
actions  from  court  to  court,  whereby  justice  hath  long  been 
delayed  and  bills  of  cost  much  enhanced,  contrary  to  the 
true  intent  of  the  laws  of  this  Colony :    Which  to  prevent. 

Be  it  enacted  hy  the  Grovernour,  Council  and  Representatives, 
in  Q-eneral  Qourt  assembled,  and  hy  the  authority  of  the  same, 
That  when  any  action  of  debt,  trespass,  of  the  case,  or  any 
other  personal  action,  is  brought  before  any  assistant  or  justice 
of  the  peace,  and,  upon  tryal  of  the  case,  the  debt  or  damage 
is  found  not  to  exceed  the  sum  of  twenty  shillings,  there  shall 
be  no  appeal  allowed ;  any  law,  usage  or  custom  to  the  con 
trary  notwithstanding. 

And  it  is  further  enacted  by  the  authority  aforesaid,  That 
when  any  action,  as  aforesaid,  is  brought  before  any  of  the 
county  courts  in  this  Colony,  and,  upon  tryal  of  such  action, 
or  on  a  demurrer,  the  debt  or  damage  found  doth  not  exceed 
the  sum  of  forty  shillings,  there  shall  be  no  appeal  or  review 
allowed.  But  if  it  so  happen  that  any  such  action  be  removed 
to  the  superiour  court  upon  pleas  of  alDatement,  and  upon  tryal 
of  the  action  there  the  debt  or  damage  found  exceed  not  the 
sum  of  forty  shillings,  there  shall  be  no  review. 

And  it  is  further  enacted  hy  the  authority  aforesaid.  That  in 

every  such  tryal  before  the  superioiir  or  inferiour  court,  if  the 

debt  or  damage  found  doth  not  exceed  the  sum  of  ten  pounds, 

there  shall  not  be  allowed  in  the  plaintiff's  bill  of  cost  for 

12 


90  PUBLIC    RECORDS  [May, 

more  than  one  attorney ;  any  law,  usage  or  custom  to  the  con- 
trary notwithstanding. 

An  Act  in  further  Addition  to  the  Law  entituled  An 
Act  against  Theft  and  Burglary. 

Whereas  it  is,  amongst  other  things,  enacted  in  one  law  of 
this  Colony,  entituled  An  Act  against  theft  and  burglary,  that 
[294]  every  assistant  and  justice  of  the  peace  ||  in  the  county 
where  such  offence  is  committed,  or  where  the  thief  shall  be 
apprehended,  is  hereby  authorized  to  hear  and  determine  all 
offences  against  said  law,  provided  that  the  damage  exceed 
not  the  sum  of  forty  shillings ;  which  clause  in  said  law,  this 
Assembly  are  now  informed,  hath  been  differently  understood, 
and  some  of  the  justices  of  the  peace  have  committed,  or  bound 
over  to  the  county  court,  persons  that  have  been  guilty  of 
theft,  when  the  value  of  the  things  stolen  hath  not  exceeded 
the  sum  of  forty  shillings;  whereby  justice  hath  been  delayed, 
to  the  damage  of  many  of  his  Majesties  good  subjects :  Which 
mischief  to  prevent, 

Be  it  enacted  and  declared  hy  the  Grovernour,  Coimcil  and 
Representatives,  in  General  Court  assembled,  and  by  the  author- 
ity of  the  same,  That  in  every  such  case,  if  the  value  of  the 
goods,  money  or  things  stolen,  doth  not  exceed  the  sum  of 
forty  shillings,  the  assistant  or  justice  of  the  peace,  before 
whom  such  matter  or  complaint  is  brought,  shall  proceed  to 
hear  and  give  judgment  therein  according  to  law;  any  usage 
to  the  contrary  notwithstanding. 

An  Act  in  Addition  to  and  Alteration  of  an  Act  made 

in  the  fifth  Year  of  his  Majesties  Reign,  intituled 

An  Act  concerning  Strays  and  lost  Goods. 

Whereas  in  said  act  it  is  provided,  that  the  finder  of  any 
lost  goods  or  stray  beast  shall  carry  a  true  description  of  such 
goods  or  stray  beast  to  the  register  of  the  town,  &c.,  which  is 
found  inconvenient  for  the  inhabitants  of  the  towns  of  Hart- 
ford, Windsor,  and  Midletown,  on  the  east  side  of  the  river: 

Be  it  therefore  enacted  by  the  Crovernour,  Council  and.  Repre- 
setitatives,  i7i  General  Court  assembled,  and  by  the  authority  of 
the  same,  That  the  clerk  of  the  first  society  in  Hartford,  the 
clerk  of  the  first  society  in  Windsor,  and  the  clerk  of  the  first 
society  in  Midletown,  on  the  east  side  the  great  river,  shall  be 
the  officer  in  said  towns  respectively  to  receive  the  description 
and  marks  of  said  goods  or  beast  found  within  the  bounds  of 
said  towns  respectively  on  the  east  side  of  the  river ;  and  the 
said  clerks,  respectively,  are  hereby  directed  and  impowred  to 
enter  the  same,  and  to  proceed  in  the  same  manner  and  with 
the  same  powers  as  the  registers  of  the  towns  in  said  act  are 
directed  and  impowred  to  do. 


1737.]  OP      CONNECTICUT.  91 

An  Act  for  Altering  the  Times  for  holding  the  Superi- 
our  Courts. 

Whereas  the  bushiess  in  the  superiour  courts  holden  in  the 
counties  of  Hartford  and  New  London  is  increased,  and  can- 
not be  finished  within  the  week  appointed,  which  hath  occa- 
sioned divers  adjournments,  to  the  great  cliarge  of  those  that 
have  suits  in  said  courts:  Which  inconveaience  to  prevent, 

Be  it  enacted  by  the  Crovernour^  Council  and  Representatives, 
in  Creneral  Court  assembled,  and  by  the  authority  of  the  same, 
Tliat,  for  the  future,  the  superiour  court  in  the, county  of  Fair- 
field shall  be  annually  holden  at  Fairfield  in  said  county  upon 
the  last  Tuesday  excepting  one  in  the  months  of  August  and 
[295]  February;  and  that  the  superiour  court  in  the  ||  county 
of  New  Haven  shall  annually  be  holden  at  New  Haven,  in  the 
county  of  New  Haven,  upon  the  last  Tuesday  in  the  months 
of  August  and  February ;  and  that  the  superiour  court  for  the 
county  of  Hartford  shall  annually  be  holden  at  Hartford,  in 
the  county  of  Hartford,  upon  the  first  Tuesday  of  the  months 
of  September  and  March;  and  that  the  superiour  court  in  the 
county  of  Windham  shall  annually  be  holden  at  Windham, 
within  the  county  of  Windham,  upon  the  third  Tuesday  in  the 
months  of  September  and  March ;  and  that  the  superiour 
court  in  the  county  of  New  London  shall  be  annually  holden 
at  New  London,  in  said  county  of  New  London,  upon  the  fourth 
Tuesday  in  the  month  of  September,  and  at  Norwich  upon  the 
fourth  Tuesday  of  March ;  any  law,  usage  or  custom  to  the 
contrary  notwithstanding. 

And  be  it  further  enacted  by  the  authority  aforesaid.  That  all 
actions,  suits  and  tryals  whatsoever,  now  depending  in  any  of 
the  superiour  courts,  shall  be  heard,  tryed  and  determined  at 
the  times  above  appointed  for  the  holding  said  court;  and  all 
bonds  already  taken  for  the  appearance  of  any  person  before 
said  court,  or  bonds  upon  appeal  or  review,  shall  be  under- 
stood, taken  and  held,  to  oblige  all  persons  concerned  to  ap- 
pear before  the  said  court  in  the  several  counties  at  the  above- 
mentioned  times  and  places;  and  the  judges  of  said  superiour 
court  shall  take  notice  thereof  and  proceed  accordingly. 
The  Additions  to   the   Lists   of  Estate  of  the  Several 
To^A^ns  hereafter  mentioned,  sent  in  to  this 
Assembly,  are  as  folio  w  (viz  :) 
Single  Addition.  Fourfold  Assessjnent. 

£      s.    d. 
To  Hartford,  720     1     6     -     ,   - 

To  New  Haven,      1754     2     6  -        - 

To  Windsor,  652     4     0    - 

To  Symsbury,  72  14     0 

To  Standford,  621  10     0    - 


£ 

s.  d. 

2549 

13  0 

1001 

10  6 

1098 

2  0 

176 

0  0 

32 

0  0 

92  PUBLIC    RECORDS  [May, 

50     0  0 

-  202     2  0 

88     0  0 

-  169  16  0 

466     8  0 

-  947     0  0 
73     0  0 

-  83     6  0 
-        -        -        338  12  0 

-  40     0  0 

408     0  0 

-  114  17  0 


To  Midletown, 

418  11 

0 

To  Windham, 

118  10 

0 

To  Stratford, 

10     0 

0 

To  Lebanon, 

1664     0 

0 

To  Glassenbury, 

162  12 

10 

To  Preston, 

159  14 

0 

To  Groton, 

52     7 

6 

To  Hebron, 

270     0 

4 

To  Wallingford, 

669     2 

0 

To  Derby, 

494  16 

9 

To  Milford, 

617  10 

0 

To  East  Haddam, 

112  18 

6 

To  Farmington, 

642     5 

0 

To  Stonington, 

35     0 

0 

To  Mansfield, 

226  18 

0 

To  Durham, 

30     3 

0 

To  Lyme, 

383     5 

6 

To  Norwich, 

105     7 

0 

To  Guilford, 

76  17 

6 

To  Weathersfield, 

1424    4 

0 

To  New  London, 

46  14 

0 

To  Killingsworth, 

178     1 

6 

To  Norwalk, 

596  10 

4 

To  Brandford, 

547  18 

0 

To  Coventry, 

516     5 

10 

To  Fairfield, 

4342     7 

3 

993 

17 

6 

54 

2 

0 

12 

0 

0 

210 

0 

0 

263 

8 

0 

138 

12 

0 

297 

16 

0 

[296]  Resolved  hy  this  Assemlly^  That  there  be  allowed  and 
paid  to  the  chief  judge  of  the  superiour  court  the  sum  of 
twenty-five  shillings  'per  diem  for  every  day  he  is  on  the  cir- 
cuit, in  lieu  of  any  former  allowance  whatsoever. 

This  Assembly  do  appoint  Joseph  Whiting,  Esq^,  William 
Pitkin,  Esq"",  Capt.  Thomas  Wells,  Capt.  John  Chester,  Mr. 
Roger  Newberry,  and  Mr.  Joseph  Buckingham,  Auditors  to 
audit  the  Colony  accounts  with  the  Treasurer  at  some  conven- 
ient time  after  the  rising  of  this  Assembly,  and  to  make  their 
report  to  the  Assembly  in  October  next. 

Whereas  sundry  sums  of  money  have  by  order  of  this  As- 
sembly been  delivered  to  Capt.  Richard  Christophers,  late  of 
New  London,  deceas'd,  and  others,  a  committee  appointed  to 
build  a  Battery  at  New  London,  and  no  account  as  yet  has 
been  laid  before  this  Assembly,  shewing  how  much  of  the 
money  aforesaid  has  been  disbursed  in  said  affair:  This  As- 
sembly do  appoint  and  fully  impower  Samuel  Lynde,  Esq"", 
and  Mr.  John  Richards,  to  reckon  with,  state  and  settle  the 
a(3fcounts  of  the  said  committee,  or  the  executors  or  adminis- 


1737.]  OF      CONNECTICUT.  93 

trators  of  eitlier  of  them,  and  make  report  to  the  Assembly  in 
October  next. 

This  Assembly  do  appoint  Samuel  Lynde,  Esq"",  Mr.  Jolm 
Griswould,  and  Mr.  Luke  Perkins,  a  committee  to  repair  to 
New  London  and  view  the  present  state  and  circumstances  of 
the  battery  there,  and  lay  an  account  of  the  same  before  this 
Assembly  in  October  next,  as  also  their  opinion  what  is  expe- 
dient further  to  be  done  in  said  affair. 

Upon  the  complaint  of  the  Sachem  of  Moheagen,  and  also 
the  complaint  of  sundry  of  the  Moheagen  Lidians :  This  As- 
sembly do  appoint  and  direct  James  Wadsworth,  Samuel 
Lynde  and  John  Richards,  Esq^s,  to  repair  to  Moheagen  and 
hear  the  said  complaints,  and  endeavour  that  the  said  Indians 
may  live  peaceably  together  and  their  rights  preserved  to  them, 
their  fields  well  fenced,  their  corn  saved  from  being  destroyed 
by  their  neighbours'  cattle ;  and  the  said  persons  are  also  di- 
rected to  prevent,  if  possible,  the  said  Lidians  being  supplied 
with  strong  drink,  hoping  that,  if  that  evil  practice  can  be 
prevented,  the  said  Indians  will  more  heartily  embrace  the 
gospel ;  and  the  said  persons  are  directed  to  return  their  do- 
ings to  this  Assembly  in  October  next. 

This  Assembly  do  appoint  Nathaniel  Stanly,  Esqr,  Capt. 
Thomas  Wells,  Capt.  Andrew  Burr  and  Mr.  John  Richards, 
a  committee  to  receive  of  his  Honour  the  Governour  the 
money  that  was  contributed  in  the  several  societies  in  this 
government  for  the  civilizing  and  christianizing  the  Indians 
in  this  Colony  ;  and  that  said  committee  count  and  sort  the 
said  money,  and  what  of  it  hath  been  emitted  by  this  Colony 
and  by  act  of  this  Assembly  is  to  be  exchanged  for  new  bills, 
that  said  committee  do  exchange  the  same  with  the  Colony 
Treasurer  ;  and  the  whole  the  committee  are  to  return  to  the 
Governour  ;  and  if  there  be  any  part  of  said  money  that  hath 
been  emitted  by  any  of  our  neighbouring  governments  and 
by  acts  of  Assembly  ought  to  be  exchanged,  his  Honour  the 
Governour  is  desired  to  use  proper  measures  that  such 
money  be  exchanged. 

Whereas  the  western  inhabitants  of  the  first  society  in 
Norwich,  and  some  of  the  inhabitants  of  the  adjoyning  soci- 
[297]  ety  in  Norwich,  preferred  a  petition  ||  to  the  Assembly 
in  October  last,  praying  the  Assembly  to  appoint  a  committee 
to  view  their  circumstances  and  report  to  this  Assembly  their 
opinion,  whether  they  be  sufficient  to  make  a  distinct  society, 
and  to  set  bounds  for  them,  &c.  ;  which  Assembly  appointed 
a  committee,  who  repaired  to  said  western  part  of  said  first 
society  and  viewed  the  same  with  the  adjoyning  society  in 
said  Norwich,  and  have  prescribed  bounds  and  limits,  and  re- 


94  PUBLIC    RECORDS  [May, 

ported  to  this  Assembly  that  the  persons  and  lands  within  said 
limits  is  sufficient  for  a  distinct  ecclesiastical  society ;  which 
report  was  read  and  approved,  and  thereupon  it  is 

Resolved  hy  this  Assembly,  That  the  western  part  of  the 
first  society  in  Norwich  with  some  part  of  the  adjoyning  soci- 
ety in  said  Norwich,  witiiin  the  bounds  and  limits  hereafter 
mentioned,  shall  be  a  distinct  ecclesiastical  society,  with  all  the 
powers  and  privileges  that  are  allowed  to  other  societies  in 
this  Colony,  And  the  bounds  of  said  society  shall  be  as  fol- 
loweth,  viz  :  Beginning  at  Norwich  town  line,  where  it  cross- 
eth  Pease  brook,  thence  running  easterly  thirty  rods  to  the 
northward  of  a  new  house  supposed  to  belong  to  Israel  Lo- 
throp,  jun^,  excluding  the  houses  of  Samuel  Pettiss  and  Benja- 
min Lothrop  ;  and  from  thence  to  the  north  corner  of  Daniel 
Johnson's  land,  and  tlience  to  said  Johnson's  east  corner ; 
and  from  thence  to  James  Ford's  north  corner,  and  from 
thence  to  said  Ford's  east  corner,  as  his  line  runs  ;  and  so 
from  said  Ford's  east -corner  a  straight  line  to  aheap  of  stones 
on  the  westerly  side  of  a  highway  that  goetii  from  Norwich 
to  Lebanon  near  the  house  of  Josiah  Backus  in  the  dividing 
line  between  the  first  and  west  societies  in  said  Norwich ; 
thence  running  by  said  highway  or  road  to  the  bridge  at  Brad- 
ford's brook,  then  by  said  brook  to  the  mouth  of  the  brook  at 
the  river,  and  from  thence  to  the  mouth  of  Cramberry  Pond 
brook  at  the  river ;  and  then  to  the  west  side  of  John  Hew- 
itt's house,  excluding  the  liouse  and  improvements  of  Sami 
Gifford  ;  thence  to  the  west  corner  of  Eleazer  Hide's  house  ; 
thence  to  the  west  corner  of  Aaron  Fergoe's  house;  and  from 
thence  south  twenty-five  degrees  west  to  a  heap  of  stones  by 
Trading  Cove  brook,  about  twelve  rods  east  of  Mr.  Jonathan 
Copp's  land,  and  thence  the  same  course  to  the  town  line  be- 
tween New  London  and  Norwich  ;  thence  running  as  Norwich 
town  line  runs  by  New  London  to  Colchester,  excluding  the 
house  and  improvements  of  Capt.  Robert  Dennison ;  and 
so  by  said  Colchester  to  Lebanon,  to  the  first  mentioned 
bound.  Which  society  shall  be  known  by  tlie  name  of  New 
Concord. 

Whereas,  on  the  memorial  of  some  of  the  inhabitants  of 
Norwalk  and  some  of  the  inhabitants  of  Stanford,  preferred 
to  this  Assembly  in  October  last,  praying  to  be  a  distinct  so- 
ciety, Messrs.  Seth  Samuel  Burr,  John  Fowler  and  Ephraim 
Curtiss  were  appointed  a  committee  to  view  the  circumstances 
of  the  memorialists  and  make  report  thereon  :  And  whereas 
the  first  society  in  Norwalk  offered  sundry  reasons  why  the 
report  of  said  committee,  made  to  this  Assembly  at  their  pres- 
ent sessions,  should  not  be  accepted,  praying  that  the  bounds 


^ 


1737.]  OF      CONNECTICUT.  95 

offered  by  the  old  society  in  Norwalk  to  be  tlie  east  bounds  of 
said  new  society  might  be  estalilishod,  or  a  new  committee 
sent  to  view  tlie  circumstances  of  all  concerned  and  make  re- 
port of  their  opinion  thereon :  This  Assembly  do  appoint 
[298]  Messrs.  John  Riggs,  Theophilus  Nickols,  ||  and  David 
i?herman,jun'',  a  committee  to  repair  to  said  Norwalk  and 
Stanford,  view  the  circumstances  of  those  praying  to  be 
formed  into  a  society,  hear  the  agents  of  the  societies  out  of 
which  the  said  society  is  proposed  to  be  taken,  and  view  their 
circumstances,  if  desired,  and  make  report  to  this  Assembly 
in  October  next ;  all  at  the  cost  of  the  old  society  in  Norwalk. 
And  the  further  consideration  of  this  affair  is  referred  to  tiie 
session  of  this  Assembly  in  October  next. 

Whereas  this  Assembly  did,  at  their  sessions  in  May,  A. 
D.  1735,  (on  the  memorial  of  the  inhabitants  of  the  first  so- 
ciety in  Lyme,)  appoint  Capt.  Samuel  Hill,  Mr.  Ebenezer 
West,  and  Capt.  John  Bulkley,  a  committee  to  repair  to  said 
society,  view  their  circumstances,  and  fix  a  place  to  build  a 
new  meeting  house  on  for  the  publick  worship  of  God  ;  who, 
having  performed  said  service,  made  report  to  this  Assembly 
at  their  session  in  October,  1735,  that  the  most  conven- 
ient place  to  build  said  house  on  is  the  place  where  the  old 
meeting  house  standeth,  or  as  near  as  conveniently  may  be  ; 
which  report  was  accepted  :  And  whereas  this  Assembly,  at 
their  session  in  October  last,  on  the  memorial  of  the  eastern 
inhabitants  in  said  society,  appointed  the  said  Capt.  Samuel 
Hill,  Mr.  Ebenezer  West  and  Capt.  John  Bulkley,  again  to 
repair  to  said  society,  notify  the  inhabitants  thereof,  view  their 
situation,  and  consider  their  circumstances,  with  relation  to  a 
place  to  build  said  meeting  house  upon,  and  report  to  this 
Assembly  at  this  time ;  who,  having  performed  said  service, 
made  report  that  they  could  not  find  any  place  in  said  soci- 
ety that,  on  all  accounts,  would  so  well  accommodate  the 
greatest  part  of  the  inhabitants  of  said  society  as  the  hill  on 
which  the  old  meeting  house  now  stands,  and,  therefore,  pro- 
posed that  a  new  house  be  erected  about  four  rods  northwards 
of  the  old  meeting  house  :  This  Assembly  do  accept  the  re- 
port of  said  committee,  and  order  that  the  new  meeting  house 
be  erected  and  finished  in  the  aforesaid  place,  with  all  con- 
venient speed ;  and  the  committee  and  inhabitants  of  said 
society  are  required  to  take  notice  hereof,  and  conform  them- 
selves accordingly. 

Whereas  this  Assembly  heretofore  appointed  Messrs.  John 
Marsh,  Hemy  Wolcott  and  Joseph  Pitkin,  a  committee  to  affix 
the  place  for  erecting  a  meeting  house  in  Eastbury  parish  in 
Glassenbury,  who  accordingly  did  affix  a  certain   place,  and 


96  PUBLIC  EECORDS  [May, 

made  report  thereof  to  this  Assembly  at  their  session  in  Oc- 
tober, 1733  :  And  whereas  this  Assembly,  npon  the  motion  of 
said  society,  at  their  sessions  in  October  last,  did  anew  appoint 
the  said  Marsh,  Wolcott  and  Pitkin,  anew  to  fix  the  place 
for  the  building  a  meeting  house  upon  in  said  society  ;  which 
committee  have  again  considered  the  circumstances  of  said 
society,  and  heard  the  pleas,  &c.,  and  have  reported  that  the 
said  meeting  house  ought  to  be  set  upon  the  place  which  they 
had  described  and  affixed  in  their  report  to  the  Assembly  in 
October,  1733,  abovementioned,  and  accordingly  affixed  that 
to  be  the  place,  as  by  their  report  made  to  this  Assembly,  and 
by  them  now  accepted,  appears :  Whereupon  this  Assembly 
do  again  establish  the  aforesaid  place,  mentioned  in  the  afore- 
said report  to  tlie  Assembly  in  October,  1733,  to  be  the  place 
for  the  meeting  house  in  said  society  to  be,  and  accordingly 
order  that  the  said  meeting  house  shall  be  built  there. 

[299]  Be  it  enacted  hy  the  Grovernour,  Council  and  Repre- 
sentatives, in  G-eneral  Court  assembled,  and  hy  the  authority  of 
the  same,  That  the  east  bounds  of  the  society  of  Wintonbury 
shall  be  and  extend  so  far  east  as  to  take  into  said  society 
the  dwelling  house  of  Peter  Mills,  and  from  tlience  to  run 
north  to  Poquannuck  society,  and  south  to  Hartford  bounds. 

Upon  the  memorial  of  the  inhabitants  of  the  parish  of 
Wintonbury,  praying  this  Assembly  to  appoint  a  committee 
to  fix  and  ascertain  a  place  for  the  building  a  meeting  house, 
&c.  :  This  Assembly  do  order  and  appoint  Messrs.  John  Sey- 
m,our,  James  Church  and  Edward  Cadwell,  all  of  Hartford, 
to  be  a  committee  to  repair  to  the  said  parish  and  to  view  the 
circumstances  thereof,  and  to  set  out,  affix  and  ascertain,  the 
place  where  the  inhabitants  of  said  parish  shall  set  up  and 
build  their  meeting  house  upon,  and  make  report  to  this  As- 
sembly at  their  present  session. 

We,  the  subscribers,  being  appointed  by  the  General  As- 
sembly to  set  out  and  affix  a  place  for  the  building  a  meeting 
house  in  the  parish  of  Wintonbury,  as  appears  by  a  copy  of 
said  act,  bearing  date  May  tbe  12th,  1737  :  Pursuant  thereto, 
we  repaired  to  said  parish  the  24th  instant,  and  viewed  the 
circumstances  of  said  parish,  and  have  affixed  the  place  for 
building  their  meeting  house  on  the  east  side  of  a  brook  called 
Wash  Brook,  near  the  bank  of  the  hill,  about  twenty  rods 
northwesterly  from  a  stake  set  up  by  Capt.  Henry  Allyn  for 
the  center  of  the  bounds  of  said  parish,  and  have  there  marked 
a  l)lack  oak  staddle  for  the  southwest  corner  of  said  meeting 
house  ;  as  witness  our  hands,  this  21th  of  May,  1737. 

John  Seymour,    Edward  Cadwell,     James  Church,  Com'". 


1737.]  OP      CONNECTICUT.  97 

The  above  report  of  the  committee  is  accepted  and  approved 
by  this  Assembly. 

Whereas  tliis  Assembly,  at  their  session  in  October  last, 
did  appoint  Thomas  Welles,  Esq^,  surveyour  of  the  county  of 
Hartford,  to  run  the  line  and  state  the  bounds  between  the 
towns  of  Midletown  and  Wallingford,  from  said  Midletown 
southwest  corner  up  northward  until  it  intersected  the  south 
side  line  of  the  purchased  lands,  pai'allel  with  said  Midletown 
center  line,  as  of  record  appears  :  And  whereas  the  said  sur- 
veyour, in  pursuance  thereof,  hath  performed  the  said  service, 
run  the  said  line,  and  fixed  monuments  therein,  &c.,  as  by  his 
report  of  his  survey  thereof  appears :  This  Assembly  do  now 
accept  the  report  of  said  surveyour,  and  order  that  the  same 
be  recorded  in  the  publick  records  of  this  Colony  for  deeds, 
surveys  of  land,  &c.  And  this  Assembly  do  enact,  and  it  is 
hereby  enacted  by  the  Governour,  Council  and  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the 
same,  that  the  line  so  run  and  ascertained,  as  by  the  said  re- 
port of  the  said  surveyour  appears,  is,  and  forever  hereafter 
shall  be,  the  divident  line  between  the  town  of  Midletown 
and  the  town  of  Wallingford. 

This  Assembly  being  now  informed  by  the  report  of  Messrs. 
Samuel  Hanford,  Ebcnezer  Silliman  and  Seth  Sam'  Burr,  a 
committee  chosen  by  this  Assembly,  pursuant  to  a. clause  in 
a  deed  given  by  Chickens,  an  Indian,  to  Capt.  Samuel  Couch, 
wherein  said  Indian  reserved  to  himself  and  his  children, 
&c.,  out  of  a  parcel  of  land  sold  to  said  Couch,  what  should 
be  necessary,  [that  they]  have  not  laid  out  said  lands :  Re-, 
solved  by  this  Assembly,  that  said  committee  do  proceed  to 
finish  said  work,  and  make  their  report  to  this  Assembly  in 
October  next. 

[300]  Whereas  William  Pitkin,  Esqs  Messrs.  John  Bissell 
and  Thomas  Seymour,  were  by  order  of  this  Assembly  in  May 
last,  upon  the  petition  of  Jonathan  Ellsworth  of  Windsor, 
sole  surviving  executor  of  the  last  will  and  testament  of  John 
Elliot,  Esq"",  deceas'd,  appointed  auditors  to  hear  and  adjust 
the  accounts  between  the  said  executor  and  John  Parry  and 
Bridgett  his  wife,  of  Ashford,  and  Samuel  Strong  of  Windsor, 
administrators  on  the  estate  of  Mr.  Ebenezer  Pitch,  late  of 
said  Windsor,  deceas'd,  who  was  one  of  the  co-executors  of 
said  will,  (fee,  respecting  all  the  estate  of  said  Elliot,  deceas'd, 
came  into  the  hands  of  the  said  Fitch  and  remained  in  his 
hands  at  the  time  of  his  death,  with  the  profits  thereof,  &c., 
as  of  record  appears ;  and  the  said  auditors  having  reported 
their  doings  in  the  premises,  to  this  Assembly  in  October  last, 

13 


98  PUBLIC     RECORDS  [May, 

which  report  not  being  accepted,  they  were  again  appointed 
to  review,  consider  and  adjust  said  accounts,  and  make  report 
to  this  Assembly  in  their  present  session  ;  and  also  did  order 
said  administrators  should  pay  lawful  interest  of  the  sum 
they  should  be  found  in  arrears  to  said  executors,  from  the 
sitting  of  this  Assembly  in  October  last  to  the  sitting  of  tliis 
present  Assembly,  as  of  record  appears :  And  whereas  the 
said  auditors  have  now  made  return  of  their  award,  that 
they  having  heard,  examined  and  adjusted  the  said  ac- 
counts, upon  the  whole  do  find,  that  the  said  Ebenezer  Fitch, 
co-executor  as  aforesaid,  had  received  in  his  life  time  of  the 
estate  of  said  Elliot,  deceas'd,  which  remained  in  his  hands 
at  the  time  of  his  death  with  the  profits  tliereof,  the  sum  of 
X462  13s.  Qd.,  money,  and  that  they  have  computed  the  in- 
terest thereof,  according  to  the  said  order  of  Assembly,  and 
found  it  to  be  .£19  2s.  Od.,  as  by  their  report  dated  May  25th, 
1737,  appears  ;  which  report  and  award  is  accepted  and  ap- 
proved by  this  Assembly  :  And  it  is  thereupon  considered,  that 
the  said  Jonathan  Ellsworth,  executor,  &c.,  as  aforesaid,  shall 
recover  of  the  said  Parry,  &c.,  administrators  on  the  estate 
of  said  Fitch,  deceas'd,  the  sum  of  X481  15s.  Ot^.  money,  to- 
gether with  costs  of  courts,  which  is  allowed  to  be  £31  10s. 
be?.,  and  that  execution  be  awarded  by  the  Secretary,  &c. 

Ex.  granted  June  let,  1737. 

To  the  General  Assembly  of  his  Majesties  Colony  of  Con- 
necticutt  now  holden  at  Hartford,  May  12th,  1737  : 

Upon  the  memorial  of  the  town  of  Coventry  to  the  General 
Assembly  holden  at  New  Haven  in  October  last,  shewing  to 
said  Assembly  that  the  lands  in  the  said  town  are  held  in  two 
distinct  proprieties,  and  that  one  of  then  have  not,  in  the  lay- 
ing out  of  their  land,  made  any  provision  amongst  themselves 
for  publick  or  private  highways,  and  that  the  other  hath  ;  and 
prayed  for  relief  by  sending  a  committee :  whereupon  it  was 
resolved  by  said  Assembly  that  Mr.  Ebenezer  West  and  we, 
the  subscribers,  should  be  a  committee  to  repair  to  said  town, 
at  their  cost,  to  hear  the  persons  concerned  about  the  contro- 
versy, and  make  report  to  this  Assembly,  as  by  the  said  act 
may  appear:  Upon  which,  we,  the  subscribers,  did  repair  to 
the  said  town,  and  on  the  fifth  and  sixth  days  of  May  instant, 
[301]  did  II  then  and  there  hear  the  persons  on  the  premises; 
and  it  did  appear  to  us,  that  the  biggest  part  of  said  township 
doth  consist  of  a  tract  of  land  said  to  contain  six  miles  square, 
and  is  a  distinct  propriety,  and  are  provided  with  many  ne- 
cessary highways,  althS  not  with  all  that  are  necessary ;  and 
there  is  another  tract  of  land  in  said  town,  lying  on  the  south 
of  said  six  miles,  being  part  of  that  tract  of  land  called  the 


1737.]  OP      CONNECTICUT.  99 

Mile  and  Quarter,  which  is  all  lying  in  particular  farms,  pur- 
chased by  particular  men,  and  there  are  about  seventeen  or 
eighteen  householders  dwelling  upon  it,  but  were  never  ten- 
ants in  common  or  proprietors  as  the  other  were,  but  only 
purchasers  of  particular  farms  as  aforesaid,  and  there  is  neces- 
sity of  one  highway,  at  least,  to  be  laid  across  it,  and  yet  there 
is  none  yet  ever  laid  out.  And  it  appears  to  us  that  some  of 
the  highways  that  have  been  laid  out  in  the  first  mentioned 
propriety  were  laid  at  the  charge  of  the  town  and  all  the  in- 
habitants at  equal  charge;  so  that,  upon  the  whole,  we  are  of 
opinion  that  the  higliways  that  shall  hereafter  be  made  in  said 
town  be  done  at  the  charge  of  the  town. 

All  which  we  submit  to  this  Honourable  Assembly,  May 
12th,  1737. 

Richard  Abbe, 
Josiah  Conant. 

The  above  report  of  the  committee  is  accepted  and  approved 
by  this  Assembly. 

Upon  the  memorial  of  Ebenezer  Brown  of  Lebanon,  shew- 
ing to  this  Assembly  that  John  Wadsworth,  late  of  Lebanon, 
deceas'd,  was  at  the  time  of  his  death  the  full  sum  of  two 
hundred  seventy-six  pounds  eleven  shillings  and  six  pence 
more  in  debt  than  his  personal  estate  would  answer,  and  that 
the  real  estate  that  he  dyed  possessed  and  in  the  improvement 
of  was  of  the  value  of  about  twenty  and  three  pounds,  and 
that  he  had  a  real  estate  worth  a  considerable  sum,  the  use  of 
which  was  saved  to  his  father  and  mother,  (viz.')  Joseph 
Wadsworth  and  Lydia  Wadsworth  his  wife,  both  of  said  Leb- 
anon, for  the  full  term  of  their  lives  and  the  life  of  the  longest 
liver  of  them  ;  and  praying  that  he,  the  said  Ebenezer  Brown, 
he  being  administrator  on  the  said  deceas'd's  estate,  might 
have  power  to  sell  so  much  of  said  lands  of  said  deceas'd  as 
to  pay  and  satisfy  the  debts  aforesaid  with  the  cost  thereon  ; 
and  the  said  administrator  further  shewing  that  the  said 
Joseph  had  mortgaged  to  the  Governour  and  Company  of  this 
Colony  forty  and  nine  acres  of  land  in  Lebanon,  which  is  in 
two  pieces,  for  the  sum  of  ninety  pounds  in  money,  payable 
on  the  first  day  of  May,  1741,  and  that  the  said  Joseph  Wads- 
worth did  after  give  a  deed  thereof  to  his  son-in  law,  Oliver 
Brewster,  and  his  wife  Martha,  and  that  thereupon  the  said  de- 
ceas'd did  become  bound  in  a  bond  of  five  hundred  pounds  to 
the  said  Oliver  and  Martha,  to  pay  said  ninety  pounds  and  pro- 
cure a  full  discharge  and  release  from  said  mortgage ;  praying 
for  liberty  to  sell  so  much  of  the  said  deceas'd's  lands  as  may 
be  needful  to  pay  said  ninety  pounds  and  procure  a  discharge 
from  said  mortgage ;  the  said  Joseph  and  Lydia  also  shewing 


100  PUBLIC     RECORDS  [May, 

[302]  to  this  II  Assembly  that  they  are  willing,  and  will  jOyn 
with  the  said  administrator,  to  sell  so  much  of  the  lands,  the 
improvement  of  which  is  in  them,  as  shall  be  needful  to  pay 
what  the  other  lands  of  the  deceas'd  will  not  be  sufficient  to 
pay  of  said  debts  :  Whereupon  it  is  resolved  by  this  Assembly, 
that  the  said  administrator,  with  the  advice  and  at  the  direc- 
tion of  the  court  of  probate  in  the  county  of  Windham,  sell 
so  much  of  the  aforesaid  deceas'd's  lands  aforesaid,  as  to  pay 
the  aforesaid  sum  of  2161.  lis.  9d.  and  the  cost  thereon  to  be 
allowed  by  the  judge  of  said  court  of  probate,  the  deed  thereof 
to  be  approved  by  the  said  Joseph  and  Lydia,  by  their  releas- 
ing their  right  in  the  lands  so  sold.  And  it  is  further  resolved 
by  this  Assembly,  that  the  said  administrator,  by  the  advice 
and  at  the  direction  of  said  court  of  probate,  sell  so  much  of 
the  deceas'd's  lands  as  shall  be  sufficient  to  pay  said  mort- 
gage, {viz.)  said  ninety  pounds,  and  the  cost  of  obtaining  the 
same  discharged ;  always  provided,  that  he,  the  said  admin- 
istrator, first  give  a  good  bond  with  surety  to  said  judge  of 
said  court  of  probate,  to  pay  and  discharge  said  mortgage  on 
his  selling  said  land  therelor,  which  bond  the  said  judge  is 
hereby  directed  and  impowered  to  take  to  himself  and  suc- 
cessors in  that  office,  and  on  the  not  fulfilling  the  condition 
thereof,  he  and  they  are  hereby  impowered  to  sue  out  the 
same.  And  the  said  administrator  is  by  this  Assembly  fully 
impowered  to  act  as  is  before  in  this  act -provided,  the  said 
Joseph  and  Lydia  likewise  releasing  as  is  before  said.  And 
the  cost  of  selling  and  procuring  a  discharge  from  said  mort- 
gage, &c.,  to  be  allowed  by  said  judge  of  probates. 

Upon  the  memorial  of  John  Hunt,  Belcher  Noyes,  both  of 
Boston,  Eleazer  How,  Benjamin  Rice,  Joseph  Stratton  and 
Nathan  Brigham,  all  of  Marlbrough,  Robert  Breck,  of  Spring- 
field, and  Jonas  Houghton,  of  Lancaster,  all  in  the  Province 
of  the  Massachusetts  Bay,  praying  for  the  confirmation  of  a 
certain  tract  of  land  that  the  said  memorialists  say  that  one 
Toto,  an  Indian  formerly  living  near  Hartford,  conveyed  to 
James  Cornish,  sen^,  of  Westfield,  lying  near  the  township  of 
Symsbury,  six  miles  square,  by  his  deed  dated  the  10th  of 
June,  1686,  and  that  they,  the  memorialists,  by  sundry  mean 
conveyances,  have  obtained  about  seven  tliousand  acres  of 
said  land  that  lyes  within  this  Colony  from  said  Cornish,  and 
that  about  two  thousand  acres  of  the  same  is  within  the  bounds 
of  the  towns  of  Symsbury  and  Hartland  ;  and  that  they  have 
obtained  a  survey  of  the  remaining  five  thousand  acres  by 
Capt  Thomas  Wells,  surveyour  of  the  county  of  Hartford,  as 
follows,  (w's:;)  Beginning  on  Mannatuck  Hill,  at  a  heap  of 
stones  which  is  a  corner  bounds  of  the  town  of  Suffield  ;  and 


1737.]  OF      CONNECTICUT.  101 

from  thence  the  line  runs  west  twenty-four  degrees  north  five 
miles  and  eighty-four  rods  by  Symsbury  north  bounds,  as  run 
by  Colonel  David  Goodrich,  &c.,  to  Symsbury  northwest  cor- 
ner ;  and  from  thence  running  by  the  bounds  of  the  township 
of  Hartland  one  mile  and  three  hundred  rods  to  the  Colony 
line  ;  then  it  turns  and  runs  by  the  Colony  line  east  nine  de- 
grees soutli  nine  hundred  thirty-eight  rods  to  the  west  bounds 
[303]  of  the  town  ||  of  Westfield  ;  and  then  it  turns  and  runs 
south  thirteen  degrees  west  by  the  west  bounds  of  Westfield 
eight  hundred  twenty-five  rods  to  a  corner  of  Westfield,  about 
four  rods  from  Symsbury  north  bounds ;  and  then  the  line 
runs  east  by  Westfield  to  the  west  bounds  of  Suffield ;  and 
then  it  turns,  and  runs  bounding  by  the  west  bounds  of  Suf- 
field,  two  hundred  ninety-five  rods,  to  the  place  where  it  first 
began;  as  by  said  survey,  performed  the  first  and  second  days 
of  October,  1734,  under  the  hand  of  said  Wells,  in  the  Secre- 
tary's ofiice  appears ;  supposing  the  said  land  was  confirmed 
by  the  commissioners  from  both  governments  to  said  Cornish 
or  his  assigns.  Considering  that  altho  this  government  hath 
had  no  equivalent  for  said  land  :  yet,  to  prevent  all  disputes 
about  the  land  said  to  be  purchased  of  said  Indian,  (a  great 
part  whereof  is  in  the  town  of  Symsbury  and  in  the  township 
of  Hartland,  all  which  was  anciently  granted  by  this  As- 
sembly :) 

It  is  notv  granted  and  resolved,  That  if  the  memorialists 
shall,  within  twelve  months  next  after  the  rising  of  this  As- 
sembly, pay  into  the  publick  treasury  of  this  Colony  the  sum 
of  five  hundred  pounds  in  current  money  of  this  Colony,  and 
also  release  all  the  estate  and  demand  whatsoever  they  have 
or  do  claim  in  the  said  Symsbury  and  in  the  said  township  of 
Hartland  unto  the  respective  proprietors  of  the  said  Syms- 
bury and  Hartland,  and  the  memorialists,  their  heirs  and 
assigns,  forever  thereby  barred  from  any  demand  in  the 
premises,  that  then  the  memorialists  shall  have  a  patent  exe- 
cuted in  due  form  of  law  of  the  land  surveyed  as  aforesaid 
by  said  Wells,  that  thereby  they  may  be  enal)led  to  hold  the 
same  to  themselves,  their  heirs  and  assigns  forever. 

Hannah  Judd,  administratrix  on  the  estate  of  Ebenezer 
Judd,  late  of  Hartford,  deceas'd,  shewing  to  this  Court  that 
the  estate  of  the  deceas'd  is  indebted  =£32  4s.  Id.  more  than 
the  personal  estate  of  the  deceas'd  amounts  to,  and  praying 
for  the  liberty  of  this  Court  to  sell  so  much  of  the  land  of 
said  deceas'd  as  to  procure  the  sum  aforesaid,  with  necessary 
charges  :  This  Court  doth  appoint  and  fully  authorize  and  im- 
power  the  said  Hannah  Judd  and  Deacon  Thomas  Richards, 
taking  the  advice  of  the   court  of  probate   in   the   county  of 


102  PUBLIC     RECORDS  [May, 

Hartford,  to  sell  so  mnch  of  tlie  real  estate  of  the  deceas'd 
Ebenezer  Judd  as  may  be  sufficient  to  raise  tlie  sum  of  thirty 
four  pounds  four  shillings  and  one  penny,  with  necessary  cost 
arising  thereon. 

Upon  the  memorial  of  John  Thrall,  of  Windsor,  adminis- 
trator on  the  estate  of  Aaron  Moses,  late  of  Windsor,  de- 
ceas'd, shewing  to  this  Assembly  that  the  debts  due  from  the 
estate  of  the  said  deceas'd  Aaron  Moses  do  surmount  the 
whole  of  the  personal  estate  of  said  deceas'd  the  sura  of 
<£4T  12s  5(^.,  for  the  payment  of  which  said  administrator 
hath  nothing  in  his  hands;  and  thereupon  praying  to  this  As- 
sembly to  impower  said  memorialist,  or  some  other  meet  per- 
son, to  sell  so  much  of  the  land  of  the  said  deceas'd  as  will 
procure  said  sum  of  X47  12s.  bd.^  together  with  necessary 
charges  arising  thereon :  Whereupon  this  Assembly  grants 
that  the  memorialist,  with  Mr.  Roger  Newberry  of  Windsor, 
taking  the  advice  of  the  court  of  probate  in  the  county  of 
Hartford,  shall  have  liberty  and  are  hereby  fully  impowred 
to  sell  so  much  of  the  land  of  the  said  Aaron  Moses,  deceas'd, 
as  will  advance  and  procure  the  sum  of  X47  12s.  5f/.,  together 
with  the  necessary  charges  arising  thereon. 

[301]  Upon  the  memorial  of  Andrew  Hinman  and  Thomas 
Knowles,  shewing  that  in  the  year  1729  they  obtained  of  the 
Indian  natives  in  this  Colony  a  deed  to  themselves  of  a  con- 
siderable tract  of  land,  being  about  six  miles  north  and  south 
and  about  four  miles  east  and  west,  and  lies  in  the  northerly 
corner  of  this  Colony,  with  design  (by  taking  off  said  Indians 
claim)  to  serve  the  publick  interest,  and  that  they  were  at 
considerable  expence  to  effect  the  same,  and  praying  this  As- 
sembly to  grant  them  liberty  to  take  up  in  the  ungranted 
lands  in  this  Colony  one  hundred  acres  of  land  upon  their 
executing  a  deed  of  release  of  all  their  claim  to  the  lands 
contained  in  the  deed  from  said  Indians  to  the  government: 
This  Assembly  grants  to  the  memorialists  one  hundred  acres 
of  land  to  be  laid  out  in  the  ungranted  lands  of  this  govern- 
ment on  the  west  side  of  Ousatunnuck  River,  within  the 
limits  of  the  purchase  made  by  the  memorialists  of  the  Indians, 
mentioned  in  their  deed  dated  June  19th,  1729,  in  one  entire 
and  regular  piece,  by  Edmund  Leiviss,  Esq^,  surveyour  of  the 
county  of  Fairfield,  so  as  not  to  prejudice  any  former  grant; 
they  having  first  executed  a  deed  of  release  of  all  their  claim 
to  the  lands  purchased  of  the  Indians  as  aforesaid,  to  tiie 
Governour  and  Company  of  this  Colony. 

On  the  memorial  of  the  Reverend  Mr.  Daniel  Fuller  of 
Wellington,  setting  forth  the  great  difficulties  and  discourage- 


1737.]  OF      CONNECTICUT.  103 

ments  he  labours  under  in  the  work  of  the  ministry,  for  want 
of  a  sufficient  maintenance  and  the  inabihty  of  the  inhabi- 
tants to  add  thereto  :  Resolved  by  this  Assembly,  that  a  rate 
of  five  pence  on  the  pound  be  raised  on  the  polls  and  stock 
rateable  of  the  inhabitants  of  said  town,  and  ten  shillings  on 
each  hundred  acres  of  land,  and  so  pro  rato,  within  said  town 
for  four  years  next  ensuing-,  and  that  the  money  so  raised  be 
paid  to  the  Reverend  Mr.  Fuller  for  his  support  in  the  work 
of  the  ministry  the  aforesaid  term,  if  he  continues  in  the  work 
of  the  ministry  there;  and  the  former  tax  laid  on  the  lands 
within  said  township  to  cease  at  the  commencing  of  this, 
althS  what  is  now  due  upon  the  former  tax  upon  said  lands 
shall  be  paid.  And  the  inhabitants  of  Wellington,  at  their  an- 
nual town  meeting,  shall  choose  collectors  to  gather  the  rates 
now  ordered  to  be  raised  for  the  sup[)ort  of  said  Mr.  Fuller ; 
and  the  said  collectors  that  shall  be  so  chosen  are  hereby  fully 
impowred  to  demand  and  collect  said  rate  from  year  to  year 
and  pay  the  same  to  said  Mr.  Fuller.  And  if  any  person 
neglects  or  refuseth  to  pay  his  part  or  proportion  of  the  said 
rate,  the  collector  chosen  to  collect  such  rate  shall  proceed  to 
levy  the  same  as  other  rates  are  levied  that  are  or  have  been 
granted  to  support  the  gospel  ministry ;  and  every  such  collec- 
tor is  hereby  thereunto  fully  impowered. 

Upon  the  memorial  of  John  Dixon,  of  Yoluntown  in  the 
county  of  Windham,  representing  that  upon  his,  the  said 
Dixon's,  exhibiting  and  preferring  his  memorial  at  the  General 
Assembly  held  at  New  Haven  in  October,  1735,  praying  for  a 
[305]  grant  of  about  eighty  acres  of  land,  &c.,  ||  the  said 
Assembly  in  the  said  session  did  grant  him  liberty  to  call  out, 
and  that  he  accordingly  did  call  out,  the  surveyour  of  the 
county  of  Windham,  to  view  and  survey  said  tract  of  land 
and  make  his  report  to  this  Assembly,  and  that  said  surveyour, 
having  viewed  and  surveyed  said  land,  hath  since  made  his 
report  to  this  Assembly,  and  nothing  hitherto  by  this  Assem- 
bly having  thereupon  been  acted  and  done,  he  prays  that  said 
tract  of  land  may,  upon  reasonable  terms,  be  granted  him,  as 
per  his  memorial  on  file,  dated  May  10th,  1737,  according  to 
the  description,  boundaries  and  situation  set  forth  in  said  re- 
port of  said  surveyour,  which  is  also  on  file,  dated  April  30th, 
1737 :  Wliereupon  this  Assembly  grants  to  the  said  John 
Dixon  all  that  land  which  lyeth  witliin  the  following  abutments, 
(viz:}  West  on  John  Stoyle's  land  and  north  with  James 
Darrence's  land,  south-east  on  Robert  Hindman's  land,  and 
east  on  Peter  Button's  land,  as  the  same  is  more  particularly 
described  in  the  survey  thereof  aforesaid,  which  contains 
fifty-eight  acres  and  sixty-eight  rods,  and  lies  within  the  ad- 


104  PUBLIC     RECORDS  [May, 

ditional  grant  made  to  Yoluntown  ;  to  be  to  him,  the  said 
Dixon,  and  to  liis  heirs  forever  ;  provided  alwa3^s,tliat  the  said 
Dixon,  or  his  heirs,  pay  to  tlie  Treasurer  of  this  Colony,  for 
the  use  of  the  said  Colony,  the  sum  of  twenty  pounds  in  good 
hills  of  credit,  on  or  before  the  last  day  of  October  next.  And 
this  Assembly  do  further  grant,  that  upon  his  payment  of  the 
said  sura,  and  producing  the  Treasurer's  receipt  thereof,  he 
shall,  upon  his  cost,  have  a  patent  under  the  seal  of  this 
Colony,  signed  by  the  Goveniour  and  Secretary,  in  due  form, 
&c.,  for  his  holding  the  same. 

Upon  the  memorial  of  Ephraim  Squire,  of  Durham,  ad- 
ministrator upon  the  estate  of  Thomas  Miller,  late  of  Midle- 
towu,  deceased,  shewing  this  Assembly  that  the  debts  due  from 
the  said  deceas'd  amount  to  £50  6s.  lid.,  and  that  the 
moveable  estate  that  belonged  to  the  said  deceas'd  is  no  more 
than  .£20  12s.  lOd.,  all  which  is  allowed  by  the  court  of  pro- 
bate, so  that  there  remains  due  from  said  estate  X29  14s.  Id. 
more  than  the  moveables :  Therefore  this  Assembly  doth  ap- 
point and  fully  impower  the  said  Ephraim  Squire,  having  first 
taken  the  advice  of  the  judge  of  the  probate  in  the  county  of 
Hartford,  to  sell  so  much  of  the  real  estate  of  the  said  de- 
ceas'd as  will  raise  the  said  sum  of  twenty-nine  pounds  four- 
teen shillings  and  one  penny,  with  the  necessary  charges  of 
such  sale.  And  the  said  Squire  is  hereby  authorized  and  fully 
impowered  to  give  a  good  and  sufficient  deed  or  deeds  of  such 
estate  he  shall  sell  as  aforesaid. 

Upon  the  memorial  of  Nathaniel  Stanly,  Esq"",  Samuel 
Wells  and  others,  proprietors  of  the  common  field  in  Hartford 
called  the  Hoccanum  Field,  complaining  that  they  were 
wronged  by  a  vote  of  the  proprietors  of  said  field  on  the  first 
Monday  in  March  last,  by  altering  the  line  of  fence  of  said 
field,  at  a  time  when  some  of  the  proprietors  of  said  field 
could  not  pass  over  the  river  to  said  meeting,  and  that  the 
committee  of  said  field  would  not  adjourn  said  meeting  that 
the  proprietors  might  come  together :  Resolved,  that  said 
committee  shall,  within  fourteen  days  next  coming,  warn  the 
proprietors  of  said  field  to  meet  together  to  regulate  the  affairs 
of  said  field,  as  the  law  directs. 

[306]  Upon  the  memorial  of  John  Edwards,  Gideon  Allen, 
proprietors,  and  the  rest  of  the  proprietors  of  that  tract  of 
land  in  the  county  of  Fairfield  called  New  Fairfield,  praying 
to  be  enabled  to  act  as  other  proprietors  of  common  and  un- 
divided lands  in  any  towns  are  enabled  by  law  to  do  :  Resolved 
by  this  Assembly,  that  the  said  John  Edwards,  Gideon  Allen, 
and  the  rest  of  the  grantees  named  and  mentioned  in  the 


1737.]  OF      CONNECTICUT.  105 

grant  made  of  said  tract  by  the  General  Assembly  in  May, 
1T07,  and  their  heirs  and  assigns,  and  their  associates,  pro- 
prietors of  said  tract,  are  allowed  and  enabled,  and  they  are 
hereby  allowed  and  enabled  and  fully  impowred,  to  warn,  be- 
gin and  hold  their  meetings  from  time  to  time,  and  by  their 
major  votes,  reckoned  by  interest,  to  regulate,  manage,  im- 
prove and  divide  said  tract,  as  they  sliall  see  good,  and  have 
the  same  officer  or  officers,  powers,  privileges  and  authorities, 
for  the  warning,  holding  or  acting  in  said  meetings,  for  the 
purpose  aforesaid,  and  shall  be  under  the  same  regulations, 
as  proprietors  of  common  and  undivided  lands  in  the  respec- 
tive towns  in  this  Colony  by  law  have  and  enjoy  and  are  under 
the  regulation  and  government  of. 

Upon  the  memorial  of  the  Reverend  Mr.  Timothy  Wood- 
bridge  of  Symsbury,  shewing  this  Assembly  that,  notwith- 
standing the  act  of  this  Assembly  in  October  last,  ordering 
the  inhabitants  of  Symsbury  should  forthwith  make  up  and 
settle  all  accounts  with  the  memorialist  for  his  rates,  salarys, 
&c.,  and  pay  him  the  ballance  due  in  current  money,  &c. ; 
and  that  this  Assembly  assessed  the  inhabitants  of  Symsbury, 
except  the  inhabitants  of  the  two  north  societies  then  set  off, 
in  the  sum  of  one  hundred  pounds  money,  to  be  levied,  &c., 
and  appointed  John  Case  to  collect  the  same  and  pay  the 
same  to  the  memorialist,  and  further  appointed  auditors,  &c., 
to  adjust  the  accounts  aforesaid  between  the  said  memorialist 
and  the  said  inhabitants,  &c. ;  and  informing  this  Assembly 
that  nothing  had  been  done  in  the  premises,  and  thereupon 
praying  for  a  redress  of  said  grievances :  Whereupon  this 
Assembly  have  resolved,  that  the  inhabitants  of  Symsbury 
shall  forthwith  settle  and  adjust  their  accounts,  and  make 
payment  of  the  ballance  they  shall  be  found  in  arrears  due  to 
the  said  Mr.  Woodbridge  for  his  service  in  the  ministry,  from 
the  beginning  until  the  sitting  of  this  Assembly  in  October, 
1735.  And  this  Assembly  do  appoint  Ozias  Pitkin,  Esq"", 
Capt.  John  Whiting,  and  Capt.  John  Chester,  to  be  auditors, 
in  due  form  of  law,  as  in  other  cases,  to  hear  the  parties,  set- 
tle and  adjust  the  aforesaid  accounts,  and  make  report  of  what 
they  shall  tind  and  award  in  the  pr-emises,  to  the  General 
Assembly  next  after  their  doing  the  same  ;  all  at  the  cost  of 
said  inhabitants.  And  this  Assembly  do  further  order  and 
enact,  that  the  listers  of  said  Symsbury  for  this  present  year 
do  and  shall,  within  ten  days  next  after  the  rising  of  this 
Assembly,  proceed  and  make  a  rate  upon  the  inhabitants  of 
said  Symsbury,  excepting  the  inhabitants  of  the  two  north 
parishes  aforesaid ;  which  rate  shall,  in  the  whole,  amount  to 

14 


106  PUBLIC     RECORDS  [May, 

one  hundred  and  ten  pounds  money,  and  shall  be  made  upon 
the  list  of  the  polls  and  rateable  estate  of  the  said  inhabitants 
for  the  year  1736.  And  the  said  listers  are  directed,  imme- 
[307]  diately  upon  making  said  rate,  ||  to  deliver  the  same 
to  Mr.  James  Cornish,  jun"",  of  said  Symsbury,  whom  this 
Assembly  do  fully  authorize,  appoint  and  command,  forth- 
with to  gather  and  pay  the  same  to  the  said  memorialist, 
for  his  service  in  the  ministry  from  October,  1735,  to  Octo- 
ber, 1736.  And  it  is  further  enacted  and  resolved,  that  if 
the  said  Ijsters  shall  neglect  or  refuse  to  make  the  aforesaid 
rate  and  deliver  the  same  to  the  said  Cornish,  within  the 
time  above  limited,  they  shall  forfeit  and  pay  a  fine  of  twenty 
pounds  each,  one  half  to  the  said  memorialist,  and  the  other 
half  to  the  county  treasurer  of  the  county  of  Hartford,  to 
be  recovered  by  the  bill  or  plaint  of  the  memorialist  to  the 
county  court  in  Hartford  county.  And  if  the  said  collector 
shall  neglect  his  duty  in  collecting  said  rate,  within  three 
months  after  his  receiving  the  same,  the  Secretary  shall,  upon 
notice  thereof  given  him,  make  out  a  writ  of  distress,  di- 
rected to  the  sheriff  of  Hartford  county,  to  distrain  the  said 
sum  out  of  the  moneys,  goods  or  chattels  of  the  said  Cornish, 
&c.,  as  is  already  provided 'by  law  against  collectors,  and 
make  payment  of  said  sum  to  the  memorialist. 

Upon  the  petition  of  the  inhabitants  of  the  town  of  Weath- 
ersfield,  shewing  that  this  Assembly,  at  their  sessions  in  May, 
1732,  upon  the  memorial  of  James  Patterson  and  others,  in- 
habitants in  Farmingtown  and  annexed  to  the  parish  of  New- 
ington,  complaining  of  their  want  of  highways  to  accommo- 
date them  to  attend  the  publick  worship  of  God  in  that  parish, 
&c.,  had  appointed  Capt.  Jabez  Hide,  Capt.  Sampson  How, 
and  Mr.  Philip  Eastman,  a  committee  to  repair  to  said  parish 
and  view  and  consider,  whether  the  said  memorialists  could 
be  tolerably  accommodated  with  highways  in  Farmingtown, 
and  if  not,  where  they  could  in  Weathersfield,  <fec.,  and  to 
make  report ;  who  accordingly  reported,  that  the  said  memo- 
rialists could  not  be  tolerably  accommodated  in  Farming- 
town,  but  that  they  might  be  in  Weathersfield,  by  making  two 
highways  therein,  &c.  ;  which  report  was  by  said  Assembly 
accepted,  and  the  said  highways  ordered  to  be  laid  out,  &c., 
by  direction  of  the  county  court  in  the  county  of  Hartford ; 
who  at  the  adjourned  county  court  in  Hartford  in  June,  1732, 
ordered'a  jury  to  lay  out  said  highways  and  return  their  doings, 
&c. ;  which  jury  accordingly  reported  their  doings  in  the 
premises  to  said  county  court,  which  was  accepted,  and  the 
town  of  Weathersfield  ordered  to  pay  for  damages  and  cost, 
,£138  Is.  Id.,  for  which  a  writ  of  scire  facias    hath  been 


1737.]  OF      CONNECTICUT.  107 

awarded  against  the  selectmen  of  Weathersfield,  and  final 
judgment  recovered  thereon  against  said  selectmen,  &c. ; 
praying  this  Assembly  to  appoint  a  new  committee  to  hear, 
view  and  report  concerning  the  premises,  as  they  shall  find 
the  same  to  be,  &c.,  at  the  session  of  this  Assembly  in  October 
next,  and  that  the  said  final  judgment  and  execution  thereon 
might  be  suspended  until  the  said  October  session,  &c.,  for 
the  reasons  assigned  in  the  petition  :  Whereupon  this  Assem- 
bly do  appoint  and  fully  authorize  and  impower,  Capt.  Thomas 
Wells  of  Glassenbury,  Mr.  Roger  Newberry,  and  Capt.  Tim- 
othy Stone,  to  be  a  committee,  at  the  cost  of  both  the  parties, 
to  repair  to  the  habitations  of  the  said  complaining  inhabi- 
tants, and  to  view  the  same  and  the  lands  and  places  adja- 
[308]  cent,  ||  both  in  Farraingtown  and  Weathersfield,  and 
to  hear  all  the  parties  with  their  pleas  and  evidences  thereon, 
and  duly  consider  the  same,  and  make  report  of  what  they 
shall  find  best  and  fittest  to  be  done  in  the  premises,  at  the 
session  of  this  Assembly  in  October  next.  And  this  Assem- 
bly do  further  order,  that  the  aforesaid  execution  upon  the 
said  final  judgment  against  the  said  selectmen  be,  and  the 
same  is  hereby,  suspended  until  the  rising  of  this  Assembly 
in  October  next.  And  this  Assembly  do  continue  the  further 
acting  on  the  said  petition  until  the  session  of  this  Assembly 
in  October  next. 

Upon  the  petition  of  John  Brush,  of  Greenwich  in  the 
county  of  Fairfield,  against  John  Lyon,  late  of  said  Green- 
wich, now  of  Rye  in  the  county  of  Westchester  and  Province 
of  New  York,  representing  and  complaining  that  there  hath 
for  some  years  last  past  been  considerable  dealing  and  sundry 
transactions  of  importance  between  them,  said  Brush  and 
Lyon,  and  that,  notwithstanding  several  attempts  equitably  to 
settle  their  affairs  and  adjust  all  their  accounts,  he,  said  Brush, 
hath  been  therein  grievously  imposed  upon  and  wronged,  and 
praying  relief  of  this  Assembly,  and,  particularly,  that  a  com- 
mittee may  be  appointed,  impowered  and  directed,  as  a  court 
of  chancery,  to  inspect,  examine  and  enquire,  &c.,  as  per 
said  petition  on  file,  dated  May  7th,  1737,  may  more  at  large 
appear :  Resolved  by  this  Assembly,  that  a  committee  be  ap- 
pointed and  impowered,  as  prayed  for ;  and  Joseph  Whiting, 
Esq"",  of  New  Haven,  Edmund  Lewiss,  Esq^,  of  Stratford,  and 
Ebenezer  Silliman,  Esq"",  of  Fairfield,  are  hereby  appointed 
a  committee  for  the  purpose  aforesaid,  and  fully  impowered 
and  directed,  at  such  time  and  place  within  this  Colony  as 
they  shall  think  convenient,  seasonably  to  cite  or  notify  the 
parties  that  they  should  be  before  them,  and  accordingly  re- 
pairing to  such  place  they,  the  said  committee,  shall  appoint, 


108  'public    eecords  [May, 

are  impowered  and  directed  fully  to  examine  and  enquire  into 
such  facts  in  said  petition  alledged  and  complained  of,  by 
inspecting  such  their  account  or  accounts,  or  other  writings,  as 
may  thereunto  relate,  and  by  examining  the  parties,  or  any 
other  who  may  be  able  to  give  evidence  in  the  premises, 
(whom  they  are  also  impowered  to  summon  to  appear  before 
them,)  under  oath  or  otherwise;  and  if  either  of  the  said 
parties  shall  refuse  so  to  appear  and  submit  to  such  exam- 
ination, and  answer  to  such  interrogations  as  shall  be  re- 
quired of  them,  or  to  expose  to  their  inspection  such  account 
or  accounts,  or  other  writings,  as  shall  be  demanded  of  him 
or  them,  the  said  committee,  or  any  two  of  them,  shall,  not- 
withstanding, proceed  to  enquire  and  examine,  so  far  as 
they  shall  130  able,  relating  to  the  premises,  and  upon  the 
whole  to  draw  up  their  opinion,  according  to  the  rules  of 
equity,  and  thereof  make  report  to  this  Assembly  in  their 
session  at  New  Haven  in  October  next ;  provided  the  peti- 
tioner lay  down  the  charge  of  the  committee  to  the  commit- 
tee ;  and  the  charge  of  the  whole  enquiry  shall  be  inspected 
by  them,  and  be  also  reported  by  them  to  this  Assembly  in 
October  next. 

[309]  Upon  the  petition  of  the  inhabitants  of  the  town  of 
Hebron  against  the  inhabitants  of  the  town  and  the  proprie- 
tors of  the  town  of  Colchester,  complaining  of  the  doings  of 
James  Wadsworth,  Samuel  Lynde  and  Edmund  Lewiss,  Esq ■■% 
with  respect  to  settling  a  line  between  the  said  towns  on  the 
eastwardly  side  of  a  river  called  Jeremy's  River,  to  a  black 
oak  tree,  which  is  Colchester  northeastwardly  corner ,  as  in  their 
report  or  settlement,  made  the  8th  day  of  February,  173| ; 
praying  that  the  doings  of  said  committee  at  that  place  might 
be  set  aside  and  made  void  :  Whereupon  it  is  resolved  by  this 
Assembly,  that  the  doings  of  said  committee,  with  respect  to 
the  said  line  on  the  eastward  "of  said  river,  be  set  aside,  and 
the  same  is  hereby  set  aside  and  made  void  ;  and  that  the  line 
there  shall  be,  in  all  respects  and  every  circumstance  relating 
thereto,  as  it  would  have  been  if  the  said  committee  had  never 
acted  thereon. 

Upon  the  petition  of  the  town  and  proprietors  of  the  town 
of  Preston  against  the  town  and  the  proprietors  of  the  town 
of  Voluntown,  praying  for  a  settlement  of  the  line  dividing 
between  the  said  towns,  as  per  their  petition  :  Resolved  by 
this  Assembly,  that  Mr.  Richard  Abbe,  Capt.  Thomas  Wells 
and  Capt.  John  Bulkley,  be  a  committee  to  repair  to  the  town 
of  Preston  and  make  enquiry  into  what  hath  been  done  re- 
lating to  the  said  line  between  the  towns  aforesaid,  and  to 
hear  the  parties,  and  make   report  of  the   same,  with  their 


1737.]  OF      CONNECTICUT.  109 

opinion  thereon,  to  this  Assembly  at  their  sessions  in  October 
next ;  at  the  charge  of  the  petitioners. 

Upon  the  memorial  of  Moses  Hawkins  of  Derby,  represent- 
ing to  this  Assembly  that  the  privilege  of  keeping  a  ferry 
over  the  river  called  Stratford  River,  was  formerly  granted  to 
his  father,  Joseph  Hawkins,  now  deceas'd,  at  the  place  where 
said  Joseph  Hawkins  lived  in  Derby,  and  that  the  said  Joseph 
Hawkins  was  at  very  considerable  cost  and  expence  to  ac- 
commodate persons  in  passing  said  ferry  ;  and  also  shewing 
that  the  said  Hawkins's  present  situation  between  the  two 
rivers  lays  him  under  advantages  to  keep  a  ferry  over  the 
great  river  at  the  place  aforesaid  and  the  little  river  in  Derby 
also,  which  is  likewise  greatly  needed  in  some  seasons  of  the 
year  :  Resolved  and  granted  by  this  Assembly,  that  the  said 
Moses  Hawkins  shall,  during  the  pleasure  of  this  Assembly, 
have  the  sole  liberty  to  keep  a  ferry  over  the  said  Stratford 
river,  at  the  place  where  he  now  dwells,  and  over  the  said 
little  river  in  Derby  at  the  most  convenient  place  ;  and  that 
the  fare  of  the  ferry  over  the  great  river  shall  be,  for  man, 
horse  and  load,  six  pence  ;  and  for  single  man,  three  pence  ; 
and  that  the  fare  of  the  ferry  over  the  little  river  shall  be,  for 
man,  horse  and  load,  six  pence,  and  for  single  man,  three 
pence  ;  and  that  the  said  ferries  shall  be  under  the  same 
regulations  as  other  ferries  in  this  government. 

Resolved  by  this  Assembly^  That  the  fare  of  the  ferry  called 
Keeney's  Ferry,  over  Connecticutt  River,  in  Hartford,  shall 
be  six  pence  for  man,  horse  and  load  ;  and  that  the  fare  of  the 
ferry  over  Connecticutt  River  in  the  town  of  Glassenbury  shall 
be  sixpence  for  man,  horse  and  load,  for  the  future. 

[310]  Upon  the  memorial  of  John  Carey  and  Sarah  Lucey, 
of  Windham,  administrators  on  the  estate  of  Josiah  Lucey, 
late  of  said  Windham,  deceas'd,  shewing  to  this  Assembly  that 
the  personal  estate  of  said  deceas'd  amounts  to  no  more  than 
the  sum  of  X167  2s.  8cZ.,  and  the  debts  due  from  the  estate 
amount  to  the  sum  of  X274  15s.  5^.,  so  that  the  debts  due 
from  the  said  estate  amounts  to  the  sum  of  one  hundred  and 
seven  pounds  twelve  shillings  and  nine  pence  more  than  the 
personal  or  moveable  estate  will  pay,  and  therefore  pray  that 
this  Assembly  would  be  pleased  to  impower  them,  or  some 
meet  person,  to  sell  so  much  of  the  lands  of  the  deceas'd  as 
to  procure  the  said  sum  to  pay  the  debts  remaining  due  from 
said  estate  :  It  is  therefore  resolved  by  this  Assembly,  that  the 
said  John  Carey  and  Sai-ah  Lucey,  or  either  of  them,  by  the 
direction  of  the  court  of  probate  for  the  county  of  Windham, 
are  impowered,  and  are  hereby  authorized  and  fully  impow- 
ered,  to  sell  so  much  of  the  land  belonging  to  the  estate  of 


110  PUBLIC     RECORDS  [May, 

said  deceas'd  as  to  procure  the  said  sum  of  £107  12s.  9^?, 
money,  with  the  necessary  charges  of  selling  said  land,  and 
to  make  and  execute  good  and  ample  deed  or  deeds  of  sale 
to  the  persons  that  purchase  the  same. 

The  First  Society  in  Hartford  having  by  their  vote,  wherein 
more  than  two-thirds  of  the  inhabitants  qualified  to  vote  have 
declared  that  it  is  necessary  to  build  a  meeting  house  in  said 
society,  therein  to  attend  the  publick  worship  of  God :  This 
Assembly  having  considered  that  affair,  with  the  several  places 
proposed  to  set  said  house  on,  do  now  resolve  and  determine, 
that  the  southeast  part  or  corner  of  the  burying  lot  in  Hart- 
ford, with  part  of  Capt.  Nathaniel  Hooker's  lot  adjoyning 
thereto,  shall  be  the  place  to  erect  a  meeting  house  upon  by 
and  for  said  society,  and  order  said  society  to  proceed  to  build 
accordingly. 

Upon  the  memorial  of  Josiah  Phelps  the  second,  Josiah 
Phelps  the  4th,  Elijah  Owen,  Samuel  Owen,  John  Thrall,  Isaac 
Gillett,  Robert  Winchell  and  Bhenezer  Hurlburt,  all  of  Wind- 
sor, praying  that  they  with  all  other  inhabitants  on  the  tier  of 
lots  in  the  northwest  corner  of  the  town  of  Windsor,  bounded 
north  on  Suffield,  west  on  Symsbury,  south  on  the  river,  and 
east  on  the  common  land  in  said  Windsor,  may  be  annexed  to 
the  parish  of  Turkey  Hills,  &c.,  for  the  reasons  assigned,  as 
by  therr  memorial  on  file :  Resolved  by  this  Assembly,  that 
said  memorialists  and  all  the  inhabitants  on  said  tier  of  lots, 
with  the  said  tier  of  lots  bounded  north  6n  Suffield,  east  on 
the  common  and  undivided  land  in  said  Windsor,  and  south 
with  the  river,  be  annexed,  and  the  same  are  hereby  annexed 
to,  and  made  part  of  the  society  of  Turkey  Hills. 

This  Assembly  do  allow  and  grant  lycence  unto  Mr.  Jona- 
than Abbott  of  Ridgefield,  to  practice  physick  in  this  Colony. 

[311]  Upon  the  memorial  of  John  Nevil  of  Glassenbury, 
shewing  to  this  Assembly  that  he  borrowed  of  the  Colony 
.£50  Os.  Od.,  money,  sometime  since,  and  has  made  payment 
of  the  interest  'till  the  payment  of  the  bond,  which  became 
due  to  this  Colony  the  first  of  May  instant,  being  three 
pounds,  and  that  he  having  gotten  together  some  money  to 
take  up  his  bond  for  the  interest,  which  money  with  his  liouse 
and  goods  were  consumed  by  fire  in  April  last,  and  praying 
to  this  Assembly  to  remit  to  him  the  said  bond  due  the  first  of 
May  instant  of  three  pounds  for  interest:  Whereupon  it  is  re- 
solved by  this  Assembly,  that  the  said  three  pounds,  due  to 
the  Colony  the  first  of  May  instant,  be  remitted  to  the  said 
John  Nevil,  and  that  the  Treasurer,  of- said  Colony  is  hereby 
ordered  and  directed  to  deliver  said  bond  to  the  memorialist. 


1737.]  OF      CONNECTICUT.  Ill 

Upon  the  memorial  of  Daniel  Webster  and  others,  proprie- 
tors and  inhabitants  of  New  Hartford,  praying  the  lands  in 
said  town  may  be  taxed  to  the  support  of  the  ministiy,  &c., 
as  by  their  memorial  on  file:  This  Assembly  have  resolved, 
that  the  said  lands  shall  be  taxed  at  five  shillings  for  and  upon 
each  hundred  acres  of  land  laid  out  in  said  town,  annually  for 
four  years  next  coming;  and  the  said  inhabitants  of  New 
•  Hartford  shall  appoint  a  committee  to  make  said  rate,  and  a 
collector  or  collectors  to  gather  the  same,  under  the  regulation 
of  the  laws  of  this  Colony  respecting  collectors  of  rates ;  and 
such  collector  or  collectors  shall  be  accountable  to  Nathaniel 
Stanly,  'Esq"",  and  Mr.  John  Austin,  of  Hartford,  who  are 
herel)y  appointed  to  receive  the  same,  and  directed  to  improve 
the  same  for  the  support  of  a  minister  to  preach  the  gospel 
at  New  Hartford  aforesaid. 

On  the  memorial  of  the  selectmen  of  Lyme,  setting  forth 
that  one  Isaac  Tubbs  of  said  town  hath  for  divers  years  been 
under  distraction,  so  as  to  be  under  the  care  and  charge  of 
the  selectmen  of  said  town,  and  that  all  his  moveable  estate 
is  already  expended,  and  sundry  deots  due  to  several  persons 
for  his  subsistence  hitherto,  amounting  to  near  forty  ponnds; 
praying  that  some  meet  person  or  persons  may  be  impowred 
to  sell  so  much  of  the  said  distracted  person's  land  as  will  be 
sufficient  to  discharge  said  debts  and  defray  the  charge  of  sell- 
ing the  same:  This  Assembly  doth  authorize  and  impower 
Messrs.  John  Griswonld  and  Richard  Lord  to  sell  so  much  of 
said  Tubbs's  real  estate  as  to  procure  the  sum  of  forty  pounds 
money,  to  be  improved  for  the  ends  aforesaid,  and  to  give  am- 
ple conveyance  of  the  land  so  sold. 

Upon  the  memorial  of  the  inhabitants  of  the  society  or  par- 
ish of  East  Guilford,  shewing  to  this  Assembly  that,  by  a  vote 
of  the  inhabitants  computed  according  to  law,  they  judge  it 
necessary  to  build  a  meeting  iiouse  for  the  worship  of  God  in 
said  society,  and  praying  this  Assembly  to  affix  the  place  for 
building  said  meeting  house:  This  Assembly  do  appoint  Major 
Samuel  Lynde,  Capt.  John  Russell  and  Mr.  John  Lane,  a  com- 
[ol2]  mittee  to  repair  to  ||  said  society,  view  and  consider  the 
situation  and  circumstances  of  said  inhabitants,  and  report  to 
this  Assembly  at  their  session  in  October  next  their  opinion, 
where  is  the  best  place  in  said  parish  to  erect  a  meeting  house 
on  for  said  inhabitants. 

Upon  the  memorial  of  the  south  society  of  Preston,  shewing 
to  this  Assembly  that  more  than  two-thirds  of  the  inhabitants 
of  said  society  at  their  meeting  February  21st,  173f ,  voted  to 
build  a  new  meeting  house  in  said  society  for  divine  worship, 
and  prayhig  to  this  Assembly  for  a  committee  to  ascertain  and 


112  PUBLIC     RECORDS  [May, 

fix  the  place  to  build  said  meeting  house  on :  Resolved  by  this 
Assembly,  that  Capt.  Benajali  Bushnell,  Mr.  Simon  Lothrop, 
of  Norwich,  and  Mr.  Luke  Perkins  of  Groton,  be  a  committee 
to  repair  to  said  south  society  of  Preston,  with  full  power  to 
fix  and  ascertain  the  place  to  build  a  meeting  house  upon,  and 
to  make  return  to  this  Assembly  in  October  next. 

Upon  the  memorial  of  the  parish  of  Wilton,  shewing  to  this 
Assembly  that  said  parish  at  their  meeting  December  21st," 
1736,  by  more  than  two-third  parts  thereof,  voted  that  it  was 
necessary  to  build  a  new  meeting  house  in  said  parish  for  the 
worship  of  God,  and  praying  this  Assembly  for  a  conxmittee  to 
repair  to  said  parish  and  ascertain  and  fix  the  place  to  build 
a  meeting  house  upon:  Resolved  by  this  Assembly,  that  Capt. 
Andrew  Burr,  Capt.  Jonathan  Hoit  and  Mr.  Jonathan  Maltbie, 
be  a  committee  to  repair  to  said  parish,  with  full  power  to  as- 
certain and  fix  a  place  to  build  a  meeting  house  upon,  and 
make  return  of  their  doings  to  this  Assembly  in  October  ]iext. 

Upon  the  memorial  of  Capt.  George  Philipse  and  Jabez 
Hamlin,  Esq^,  agents  for  the  town  of  Midletown,  praying  that 
the  ferry  over  Connecticutt  River  at  Midletown,  (in  the  town 
platt,)  which  was  formerly  granted  to  Mr.  Izrahiah  Wettmore, 
should  be  granted  to  said  town  of  Midletown,  c%c.,  for  the  rea- 
sons assigned  in  the  memorial:  This  Assembly  do  thereupon 
grant  the  said  ferry  to  the  said  town  of  Midletown,  to  be  kept 
by  such  person  or  persons  as  they  shall  nominate  and  appoint 
from  time  to  time  to  keep  and  attend  the  same ;  and  that  this 
grant  shall  continue  during  the  pleasure  of  this  Assembly. 
And  this  Assembly  do  hereby  enact,  that  the  fare  of  said  ferry 
for  the  future  shall  be  as  formerly. 

Upon  the  memorial  of  the  north  society  of  Killingsworth : 
This  Assembly  grants  liberty  to  the  inhabitants  of  said  society 
to  imbody  into  church  estate,  with  the  approbation  of  their 
neighbouring  churches. 

Upon  the  memorial  of  Samuel  Warner,  administrator  with 
the  will  annexed  on  the  estate  of  Lieutenant  Robert  Warner, 
late  of  Midletown,  deceas'd,  shewing  to  this  Assembly  that 
[313]  the  debts  due  from  the  estate  ||  of  said  deceas'd  do  sur- 
mount the  goods  and  chattels  of  said  deceas'd  the  sum  of 
£(56  5s.  Sd.,  for  the  payment  of  which  there  is  no  other  way 
but  by  the  sale  of  some  of  the  said  deceas'd's  lands;  thereupon 
praying  this  Assembly  to  impower  him  to  sell  so  much  of  the 
land  belonging  to  said  deceas'd  as  will  procure  the  sum  of 
£66  5s.  Sd.  as  aforesaid,  together  with  the  necessary  charges 
arising  thereon,  &c. :  Whereupon  it  is  resolved  by  this  Assem- 
Ijly,  that  the  said  administrator  be,  and  he  is  hereby,  appointed 


1787.]  OF      CONNECTICUT.  113 

and  impowred  to  make  sale  of  so  much  of  the  real  estate  of 
the  said  deceas'd  as  will  procure  the  said  X66  5s.  8d.,  with 
the  necessary  charges  arising  thereon,  taking  the  direction  of 
the  court  of  probate  in  the  county  of  Hartford  therein,  and  to 
make  and  execute  deed  or  deeds  accordingly. 

Upon  the  memorial  of  Abigail  Thompson  of  Fairfield,  ad- 
ministratrix on  the  estate  of  her  late  husband  David  Thomp- 
son, late  of  said  Fairfield,  deceas'd,  shewing  to  this  Assembly 
that  the  debts  due  from  said  estate  surmount  the  moveable 
estate  of  the  deceas'd  X237  Is.  lOfjI.,  praying  this  Assembly 
that  she,  said  administratrix,  or  some  other  meet  person,  may 
be  impowered  to  sell  so  much  of  the  lands  of  said  deceas'd  as 
shall  be  necessary  to  pay  the  aforesaid  sum  of  ^237  Is.  lOd. 
and  the  necessary  charges  arising  thereon:  Resolved  by  this 
Assembly,  that  Abigail  Thompson,  the  abovenamed  memorial- 
ist, be  impowered,  and  she  is  hereby  impowered,  with  the  di- 
rection of  the  court  of  probate  in  the  district  of  Fairfield,  to 
sell  so  much  of  the  lands  of  David  Thompson,  late  of  said 
Fairfield,  deceas'd,  as  to  make  the  sum  of  £237  Is.  lOcZ.,  to- 
gether with  what  shall  be  needful  for  defraying  the  necessary 
charges  arising  on  the  sale  aforesaid. 

Upon  the  memorial  of  Godfrey  Malbone,  of  Newport,  and 
Robert  Stoddard,  jun''',  of  Groton,  shewing  that  upon  their  me- 
morial to  this  Assembly,  at  their  session  in  October  last,  this 
Assembly  did  then  appoint  John  Bulkley,  Esq"",  Messrs.  Simon 
Lothrop  and  Hezekiah  Huntington,  a  committee,  at  the  cost  of 
said  memorialists,  to  repair  to  the  river  running  from  Norwich 
to  New  London,  and  the  same  view,  and  the  circumstances  of 
the  two  certain  places  in  said  river  that  the  memorialists  in- 
formed this  Assembly  were  convenient  to  have  a  ferry  at, 
(vi2.)  at  one  or  other  of  them,  and,  any  other  place  that  to 
them  might  be  proposed,  and  to  make  report  to  this  Assem- 
bly:  and  whereas  the  said  Bulkley  had  been  under  indispo- 
sition of  body  for  considerable  time,  and  could  not  attend  said 
service,  and  thereby  nothing  had  been  done  in  the  premises  ; 
praying  that  the  said  committee  might  be  again  appointed  to 
that  service,  &c.,  as  per  their  memorial  appears  :  This  Assem- 
bly thereupon  appoint  the  said  Bulkley,  Lothrop  and  Hunt- 
ington, at  the  cost  of  the  memorialists,  to  repair  to  the  said 
river,  view  the  said  places  and  any  other  places  that  may  be 
proposed  to  them  for  the  having  the  said  ferry,  and  report 
what  they  shall  find  respecting  the  premises  to  this  Assembly 
in  October  next. 

[314]    LTpon  the  memorial  of  Titus  Hmiburt,  administra- 
tor on  the  estate  of  George  Buttolph,  late  of  New  London, 
•    15 


114  PUBLIC    RECORDS  [May, 

deceas'd,  shewing  to  this  Assembly  that  tlie  debts  due  from 
the  estate  of  the  said  deceas'd  do  surmount  the  goods  and 
chattels  of  said  deceas'd  the  sum  of  340Z.  Ss.  lid.,  for  the  pay- 
ment of  which  sum  there  is  no  other  way  but  by  the  sale  of 
some  of  the  said  deceas'd's  lands  ;  thereupon  praying  this 
Assembly  to  impower  him  to  sell  so  much  of  the  lands  belong- 
ing to  said  deceas'd  as  will  procure  the  sum  of  340Z.  Ss.  lid., 
as  aforesaid,  together  with  the  necessary  charges  arising 
thereon,  &c. :  Whereupon  it  is  resolved  by  this  Assembly, 
that  the  said  administrator  be,  and  he  is  hereby,  appointed  and 
impowered  to  make  sale  of  so  much  of  the  real  estate  of  the 
said  deceased  as  will  procure  the  said  sum  of  340?.  3s.  lie?., 
with  the  necessary  charges  arising  thereon,  taking  the  direc- 
tion of  the  court  of  probate  in  the  district  of  New  London 
therein,  and  to  make  and  execute  deed  or  deeds  of  flie  same 
accordingly. 

On  the  memorial  of  Nathaniel  Pratt  of  Saybrook,  setting 
forth  the  distressed  state  of  his  son  Samuel  Pratt,  under  dis- 
traction, and  praying  that  he,  or  some  other  person,  may  be 
appointed  and  impowred  to  sell  some  part  of  the  distracted 
person's  real  estate,  to  defray  some  necessary  charges  already 
arisen  and  what  may  further  arise  :  This  Assembly  grants 
liberty  to  the  said  Nathaniel  Pratt,  and  doth  hereby  authorize 
and  fully  impower  him,  with  the  advice  and  direction  of  Sam- 
uel Lynde,  Esq"",  to  sell  of  the  real  estate  of  his  said  son  not 
exceeding  the  value  of  fifty  pounds,  and  to  give  ample  con- 
veyance of  the  land  so  sold  ;  the  money  to  be  improved  by 
the  said  Nathanvel  Pratt  for  the  uses  aforesaid. 

Upon  the  memorial  of  John  Merriman,ofWallingford,jun'", 
administrator,  and  Susannah  Merriman,  administratrix,  upon 
the  estate  of  George  Merriman,  late  of  said  Wallingford,  de- 
ceas'd, shewing  to  this  Assembly  that  the  debts  and  other 
allowances  due  from  said  estate  surmount  the  moveable  estate 
of  the  deceas'd  T9Z.  7s.  3t7.,  and  praying  for  liberty  of  this 
Assembly  to  make  sale  of  so  much  of  the  real  estate  of  the 
deceas'd  as  will  amount  to  said  sum  of  79?.  7s.  M.,  with  the 
necessary  charge  thereon  arising:  This  Assembly  do  hereby 
substitute  and  appoint  Capt.  John  Merriman,  John  and  Su- 
sannah Merriman,  all  of  Yv^allingford  aforesaid,  to  make  sale 
and  execute  deeds  of  conveyance  of  so  much  of  the  real  estate 
of  the  deceased  as  will  amount  to  said  sum  of  79/.  7s.  3c?.,  with 
the  charges  arising  upon  selling  the  same,  taking  the  advice 
of  the  court  of  probates  for  the  district  of  New  Haven. 

Upon  the  memorial  of  Hannah  Smith  of  Weathersfield,  ex- 
ecutrix of  the  last  will  and  testament  of  Nathan  Smith,  late 
of  said  Weathersfield,  deceas'd,  shewing  to  this  Assembly 


1737.]  OP      CONNECTICUT.  115 

that  the  debts  due  from  the  estate  of  said  Smith,  deceas'd, 
amounted  to  the  sum  of  77/.  8s.  Sd.  more  than  the  goods  and 
diattels  of  the  said  deceas'd,  and  there  being  no  otlier  way 
[315]  whereby  the  said  debts  ||  can  be  paid  but  by  the  sale 
of  some  of  the  lands  of  the  said  deceas'd,  and  praying  for  lib- 
erty to  make  sale  of  so  much  of  the  real  estate  of  the  said 
deceas'd  as  will  amount  to  the  sum  of  111.  8s.  Sd.,  due  as 
aforesaid,  and  necessary  charges  of  such  sale  thereon  arising  : 
This  Assembly  do  therefore  grant  liberty  to  the  said  executrix, 
joyntly  with  Coll.  David  Goodrich,  at  the  direction  of  the 
court  of  probates  in  the  county  of  Hartford,  to  make  sale  of 
so  much  of  the  lands  of  the  said  Nathan  Smith,  deceas'd,  as 
shall  amount  to  the  sum  of  111.  8s.  8c?.  aforesaid,  together 
with  the.  necessary  charges  thereon  arising  for  the  said  sale  ; 
and  do  hereby  fully  impower  said  executrix  and  the  said 
Goodrich  to  make  and  execute  good  and  ample  deeds  of  said 
land,  when  sold,  &c. 

Upon  the  memorial  of  Rose  Slawson  of  Stanford,  together 
with  the  selectmen  of  said  town  of  Stanford,  representing  to 
this  Assembly  that  the  said  Rose  Slawson  is  left  in  widowhood 
under  very  indigent  circumstances,  having  a  number  of  small 
children,  and  one  of  them,  (viz.')  Silas  Slawson,  is  deprived  of 
the  use  of  his  reason,  and  so  unable  to  improve  his  estate  or 
to  do  anything  for  his  own  support ;  also  shewing  that  he  had 
left  him  by  his  father  at  the  time  of  his  decease  about  the  sum 
of  eighty  pounds ;  and  praying  for  liberty  to  sell  the  lands 
belonging  to  said  Silas  Slawson,  in  order  to  his  support :  Re- 
solved and  granted  by  the  Governour,  Council  and  Repre- 
sentatives, in  General  Council  and  Representatives,  that  the 
memorialist  and  Jonas  Weed  shall  have  liberty,  and  are 
hereby  impowered,  to  sell  the  lands  of  said  Silas  Slawson, 
being  under  the  direction  of  the  court  of  probate  in  the  dis- 
trict of  Standford,  and  that  the  money  received  therefor  shall 
be  improved  for  the  support  and  maintenance  of  said  Silas 
Slawson  by  the  persons  appointed  to  sell  the  lands  as  afore- 
said. 

Upon  the  memorial  of  Elnathan  Brigham  and  the  rest  of 
the  northern  inhabitants  in  Mansfield,  praying  for  a  commit- 
tee to  repair  to  said  Mansfield  and  view  their  circumstances, 
respecting  the  divisional  line  to  be  drawn  between  the  new 
society  in  the  northern  part  of  said  Mansfield  and  the  old  so- 
ciety therein  :  Resolved  by  this  Assembly,  that  Capt.  Benajah 
Bushnell,  Capt.  John  Bulkley  and  Mr.  Dudley  Woodbridge, 
shall  be  a  committee  to  repair  to  said  Mansfield,  at  the  cost  of 
said  memorialists,  and  view  their  circumstances,  and  state  a 
divident  line  between  the  old  society  in  said  Mansfield  and 


116  PUBLIC      RECOEDS  [Maj, 

the  said  northern  part  of  said  town,  so  as  best  to  suit  the  old 
society  in  said  Mansfield  and  the  new  one  proposed,  and  make 
report  to  this  Assembly  at  their  session  in  October  next. 

On  the  petition  of  Joseph  Lockwood,  and  others  therein 
named,  vs.  the  proprietors  of  the  town  of  Fairfield  :  The  ques- 
tion was  put,  whether  the  pleas  offered  in  abatement  thereof 
are  sufficient,  and  resolved  by  this  Assembly  in  the  affirma- 
tive. Cost  allowed  respondents  is  41.  lis.  lOd.  Ex,  granted 
May  31s^,  1737. 

On  the  petition  of  John  Bennett,  of  Preston,  vs.  Nathaniel 
Bundy,  of  Stoningtown  :  The  question  was  put,  whether  the 
petitioner  shall  have  another  tryal,  &c.,  as  prayed  for,  and 
resolved  by  this  Assembly  in  the  negative. 

[316]  On  the  petition  of  the  town  of  Windham  zj.s.'the  town 
of  Canterbury,  on  file,  <fec. :  The  question  was  put,  whether 
anything  prayed  for  in  the  same  should  be  granted,  and  re- 
solved by  this  Assembly  in  the  negative. 

On  the  petition  of  the  inhabitants  of  the  town  of  Symsbury 
vs.  the  inhabitants  of  the  town  of  Windsor,  on  file,  &c. :  The 
question  was  put,  whether  anything  prayed  for  therein  should 
be  granted,  and  resolved  by  this  Assembly  in  the  negative. 
Cost  alloived  the  respondents  is  ol.  14s.  2d.  Ex.  granted  Aug. 
11th,  1737. 

On  the  petition  of  John  Bliss,  &c.,  vs.  John  Curtiss,  &c.,on 
file,  &c.  :  The  question  was  put,  whether  the  pleas  offered  in 
abatement  of  the  same  are  sufficient,  and  resolved  by  this  As- 
sembly in  the  affirmative.  Cost  alloiv'd  respondent  is  SI.  9s. 
2d.     Ex.  granted  December  2Sd,  1738. 

On  the  petition  of  James  Hilhouse  vs.  Daniel  Denison,  lying 
on  the  files,  <fec. :  The  question  was  put,  whether  anything 
prayed  for  in  the  same  should  be  granted,  and  resolved  by 
this  Assembly  in  the  negative.  Cost  alloiv'd  respondents  is 
41.  4s.  Od.     Ex.  granted  March  25th,  1738. 

An  Act  for  the   Emitting  Bills  of  Credit    for  the  Pay- 
ment of  the  publiek  Debts  of  this  Colony. 

Whereas  this  Assembly  are  informed  from  the  Treasurer  of 
this  Colony,  that  he  hath  not  a  sufficiency  of  money  in  his 
hands  to  defray  the  necessary  charge  and  debts  of  this  Colony, 
but  hath  in  his  hands  the  sum  of  fifteen  hundi-ed  pounds  form- 
erly struck  on  the  old  plate,  for  exchange,  of  twenty  shilling 
bills  and  bills  under  five  shillings  that  are  not  hitherto  known 
to  be  counterfeited  : 

Be  it  therefore  enacted  by  the  Governour,  Council  and  Re^rre- 
sentatives,  in  G-meral  Court  assembled,  and  by  the  authority  of 
the  same,    That  the  said  Treasurer  is  hereby  authorized  and 


1737.]  OF      CONNECTICUT.  117 

impowered  to  issue  out  and  deliver  the  said'  sum  of  fifteen 
hundred  pounds,  in  twenty  shillings,  three  shilling,  two  shil- 
ling and  sixpenny,  and  two  shilling  bills,  of  the  said  exchange 
bills  now  in  his  hands,  towards  the  payment  of  Jbhe  debts  and 
necessary  charges  of  this  Colony,  according  to  such  orders  as 
shall  be  given  him  agreeable  to  the  direction  of  the  law. 

And  be  it  further  enacted  by  the  authority  aforesaid,  That  as 
a  fund  or  security  for  tlie  payment  and  drawing  the  said  bills 
into  the  treasury  again,  this  Assembly  grants  a  tax  or  rate  of 
one-  thousand  five  hundred  and  seventy-five  pounds,  to  be 
levyed  on  the  polls  and  all  other  rateable  estate  within  this 
Colony,  and  to  be  paid  into  the  treasury  at  or  before  the  last 
day  of  May,  1742.  Which  said  rate  sliall  be  paid  in  the  bills 
of  credit  of  this  Colony,  or  in  money  as  it  passeth  generally 
in  the  country  at  the  time  of  payment,  and  in  no  other  man- 
ner. 

An  Act  for  Emitting  Bills  of  Credit. 

Whereas  there  is  in  the  hands  of  Mr.  John  Whiting,  Treas- 
urer of  this  Colony,  the  sum  of  one  thousand  pounds  in  good 
bills  of  credit,  fit  for  further  service,  which  were  brot  in  by 
the  rate  granted  October,  1735  : 

[317]  It  is  eyiacted  by  the  G-overnour,  Council  and  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  That  the  said  Treasurer  shall  be,  and  he  is  hereby, 
impowered  and  authorized  to  issue  out  and  deliver  the  afore- 
said sum  of  one  thousand  pounds  towards  the  payment  of  the 
debts  and  the  necessary  charges  of  this  Colony,  according  to 
such  orders  as  shall  be  given  him  from  time  to  time  agreeable 
to  the  direction  of  the  law. 

This  Assembly  grants  to  his  Honour  the  Governour  the 
sum  of  three  hundred  and  fifty  pounds,  for  his  salary  this  cur- 
rent year ;  to  be  paid  the  one  half  at  this  time  and  the  re- 
mainder at  October  next. 

Granted  to  his  Honour  the  Deputy  Governour  the  sum  of 
one  hundred  and  seventy-five  pounds,  for  his  salary  this  cur- 
rent year ;  to  be  paid  the  one  half  at  this  time  and  the  re- 
mainder in  October  next. 

Granted  to  Franciss  Wilks,  Esqi",  our  Agent  at  the  Court 
of  Great  Britain,  the  sum  of  one  hundred  and  fifty  pounds,  for 
his  salary  this  current  year. 

Granted  to  Mr.  John  Whiting,  Treasurer  of  this  Colony,  the 
sum  of  thirty  pounds,  for  his  past  services  about  the  loan 
money  and  interest. 

Granted  to  Mr.  Timothy  Green,  the  printer,  the  sum  of 
twenty-five  pounds,  for  his  half  years  salary. 


118  PUBLIC      RECORDS  [Oct. 

Cost  allowed  by  this  A.sseinbly  to  Jonathan  Yeomans,  of 
Midletown,  for  attendance,  &c.,  to  answer  the  memorial  of 
Pranciss  Wliittmore,  &c.,  named  in  their  memorial  on  file, 
is  21.  8s.  4c?.  .  Ux.  issued  July  26th,  1737. 

Whereas  the  bnsiness  of  this  Assembly  has  drawn  out  their 
present  session  to  such  a  length  that  all  the  members  thereof 
cannot,  without  great  inconvenience,  stay  to  hear  the  records 
of  the  acts  of  this  Assembly  read  off  and  compleated:  This 
Assembly  do  order  and  appoint  Roger  Wolcott,  Nathaniel 
Stanly,  Ozias  Pitkin,  William  Pitkin, Esq's,  Capt.  John  Marsh, 
Mr.  Joseph  Buckingham,  Capt.  Henry  Allyn,  Mr.  Roger  New- 
berry, Coll.  David  Goodrich,  Capt.  John  Chester,  Capt.  Thomas 
Wells  and  Mr.  Jonathan  Hale,  a  committee  in  the  name  and 
behalf  of  this  Assembly,  to  attend  his  Honour  the  Governour 
to  hear  the  records  of  the  acts  of  this  Assembly  read  off,  and 
to  see  them  perfected  and  then  signed  by  the  Secretary  as 
compleat. 

The  several  acts,  grants  and  orders  of  this  Assembly,  as 
they  stand  entered  on  the  pages  of  this  book  next  preceding, 
were  read  in  the  presence  of  his  Honour  the  Governour  and 
the  committee  abovenamed,  (except  Ozias  Pitkin,  Esq'",)  and 
by  them  ordered  to  be  signed  by  the  Secretary  as  compleat. 

George  Wyllys,  Secretary, 


[318]    Connecticut 

Colony. 

At  a.  General  Assembly  holden  at  New  Haven,  in  ins 
Majesties  English  Colony  of  Connecticut  in  New  Eng- 
land IN  America,  on  Thursday  the  13th  day  of  October, 
anno  regni  Regis  Georgij  2^',  Magn^  Britannia  &c. 
ll"'o,  ANNOQUE  Domini  1737 ;  and  continued  by  several 
adjournments  till  the  second  day  op  November  next  en- 
suing. 

Present. 
The  Honourable  Jonathan  Law,  Esq"",  Deputy  Governour.* 
Samuel  Eells,  Esq"",  Timothy  Pierce,  Esq'',^ 

Roger  Wolcott,  Esq"",  John  Burr,  Esq ■■,  | 

James  Wadsworth,  Esq'",  Samuel  Lynde,  Esq"",     I   ^     . 
Nathaniel  Stanly,  Esq-",      Edmund  Lewis,  Esq-",    ^^^sszsmwts 
Joseph  Whiting,  Esq"",        William  Pitkin,  Esq"", 
Roger  Newton,  Esq"^, 

*  The  Governour  was  so  ill  as  to  be  unable  to  be  present.     Journal  U.  H. 


1737.]  OF      CONNECTICUT.  119 

Representatives  or  Deputies  that  were  returned  to  attend  at  this 

Assemble/  are  as  follow,  (viz*.) 
Capt.  John  Marsh,  Mr.  Joseph  Buckingham,  for  Hartford. 
Capt.  Daniel  Coit,  Capt.  Bobert  Dennisson,  for  New  London. 
Capt.  Jabez  Huntington,  Capt.  Nathaniel  Rudd,  for  Windham. 
Mr.  Ehenezer  West,  Mr.  Jonathan  Trumble,  for  Lebanon. 
Capt.  William  Preston,  Mr.  Noah  Hinman,  jor  Woodbury. 
Capt.  James  Reynolds,  Capt.  Nathaniel  Peck,  for  Greenwich. 
Mr.  Deliverance  Brown,  Mr.  Obadiah  Johnson,  for  Canterbury. 
Mr.  John  Humphrey,  Mr.  Benajah  Case,  for  Symsbury, 
Capt.  John  Bulkley,  Capt.  Israel  Newton,  for  Colchester. 
Capt.  Jonathan  Hoit,  Mr.  Jonathan  Maltbye,  for  Standford. 
Mr.  Samuel  Willard,  Mr.  Andrew  Lord,  for  Saybrook. 
Mr.  Richard  Lord,  Mr.  Richard  Ely,  for  Lyme. 
Mr.  Hezekiah  Brainard,  for  Haddam. 
Mr.  Hezekiah  Parks,  Mr.  John  Cook,  for  Preston. 
Capt.  Stephen  Noble,  Mr.  John  Bostwick,  for  New  Milford. 
Capt.  Lsaac  Dickerman,  Capt.  Jonathan  Ailing,  for  New  Haven. 
Mr.  Ebenezer  Silliman,  Capt.  John  Burr,  for  Fairfield. 
Mr,  Hezekiah  Huntington,  Capt.  Joseph  Tracy,  for  Norwich. 
Mr.  William  Morgan,  Mr.  James  Avery,  for  Groton. 
Mr.  Joseph  Strong,  Capt.  Samuel  Parker,  for  Coventry. 
Mr.  Experience  Porter,  Mr.  Cordial  Stores,  for  Mansfield. 
Capt.  Henry  Allyn,  Mr.  Roger  Newberry,  for  Windsor. 
Capt.  Joseph  Piatt,  Capt.  Samuel  Handford,  for  Norwalk. 
Capt.  Thomas  Wells,  Mr.  Jonathan  Hale,  for  Glassenbury. 
Capt.  William  Wadsworth,  Mr.  Anthony  Judd.  for  Farmington. 
Capt.  John  Russell,  Capt.  William  Gould,  for  Brandford. 
Capt.  John  Riggs,  Capt.  Samuel  Bassett,  for  Derby. 
Mr.  Isaac  Spencer,  for  East  Haddam. 
Mr.  Ebenezer  Lyman,  Mr.  EHhu  Chauncey,  for  Durham. 
Mr.  Samuel  Danielson,  Mr.  John  Dwight,  for  Killingly. 
[319]  Mr.  Hezekiah  Gaylord,  Mr.  Joseph  Phelps,  for  Hebron. 
Mr.  Philip  Eastman,  Mr.  Zachariah  Bicknal,  for  Ashford. 
Mr.  Stephen  Hopkin's,  Mr.  Joseph  Lewiss,  for  Waterbury. 
Capt.  James  Beebe,  Mr.  Thomas  Benedict,  for  Danbury. 
Mr.  John  Lane,  Mr.  Jonathan  Lane,  for  Killingsworth. 
Capt.  George  Phillipse,  Mr.  Jabez  Hamlin,  for  Midletown. 
Mr.  Robert  Treat,  Mr.  John  Fowler,  for  Milford. 
Mr.  Theophilus  Nickols,  Mr.  Daniel  Halley,  for  Stratford. 
Mr.  Joseph  Craft,  Mr.  Ebenezer  Holebrook,  for  Pomfrett. 
Capt.  Samuel  Hill,  Capt.  Timothy  Stone,  for  Guilford. 
Coll.  David  Goodrich,  Capt.  John  Chester,  for  Weathersfield. 
Mr.  John  Creery,  Mr.  Daniel  Lawrence,  for  Plainfield. 
Capt.  Theophilus  Yale,  Capt.  Benjamin  Hall,  for  Wallingford. 


120  PUBLIC      RECORDS  ,  [Oct. 

Mr.  Increase  Billings,  Mr.  John  Noyes,  for  Stonington. 

Mr.  Ebenezer  Silliman,  Speaker,    )  of  the  House  of  Repre- 

Capt.  John  Kussell,  Clerk,  )       sentatives. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Hutch- 
inson to  be  Lieutenant  of  the  north  company  or  trainband  in 
the  first  society  in  the  town  of  Lebanon,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Timothy  Clark 
to  be  Ensign  of  the  nortli  company  or  trainband  in  the  first 
society  in  the  town  of  Lebanon,  and  order  that  he  be  commis- 
sioned accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  John  Beck- 
with  of  Lyme  to  be  Ensign  of  the  second  company  or  train- 
band in  the  town  of  Lyme,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Increase  Bil- 
lings of  Stonington  to  be  Ensign  of  the  second  company  or 
trainband  in  the  town  of  Stoningtown,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Ichabod  Palmer 
of  Stoningtown  to  be  Ensign  of  the  third  company  or  train- 
band in  tlie  town  of  Stoningtown,  and  order  that  he  be  com- 
missioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Beebe 
of  New  London  to  be  Lieutenant  of  [the]  first  company  or 
trainband  in  the  town  of  New  London,  and  that  he  be  com- 
missioned accordingly. 

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

[320]  This  Assembly  do  establish  and  confirm  Mr.  Daniel 
Rockwell  to  be  Cornet  of  the  Troop  in  the  county  of  New 
London,  and  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joshua  Smith 
to  be  Quarter-Master  of  the  Troop  in  the  county  of  New  Lon- 
don, and  order  that  he  be  commissioned  accordingly. 

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


war 


1737.]  OP      CONNECTICUT.  121 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Sea- 
..ard  to  be  Lieutenant  of  the  company  or  trainband  in  the 
town  of  Durham,  and  order  that  he  be  commissioned  accord- 
in  gly. 

This  Assembly  do  establish  and  confirm  Mr.  Elihu  Chaun- 
cey  to  be  Ensign  of  the  company  or  trainband  in  the  town  of 
Durham,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  *Mr.  Theophilus 
B.osseter  to  be  Ensign  of  the  company  or  trainband  in  North 
Guilford,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Peter  Farnum 
to  be  Lieutenant  of  the  west  company  or  trainband  in  the 
town  of  Killings  worth,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Buel 
to  be  Ensign  of  the  west  company  or  trainband  in  the  town 
of  Killings  worth,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

This  Assembly  do  establish- and  confirm  Mr.  Jonathan  Bell, 
junr,  to  be  Ensign  of  the  first  company  or  trainband  in  the 
town  of  Standford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Bartlett 
to  be  Captain  of  the  second  company  or  trainband  in  the  town 
of  Guilford,  and  order  that  he  be  commissioned  accordingly. 
This  Assembly  do  establish  and  confirm  Mr.  Andrew  Ward, 
junr,  of  Guilford,  to  be  Lieutenant  of  the  second  company  or 
trainband  in  tlie  town  of  Guilford,  and  order  that  he  be  com- 
missioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jonathan  Lat- 
timer  to  be  Captain  of  the  5th  company  or  trainband  in  the 
town  of  New  London,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Pren- 
tiss to  be  Lieutenant  of  the  fifth  company  or  trainband  in  the 
town  of  New  London,  and  order  that  he  be  commissioned  ac- 
cordingly. 

[321]  This  Assembly  do  establish  and  confirm  Mr.  Abra- 
ham Morgan  to  be  Ensign  of  the  fifth  company  or  trainband 

16 


122  PUBLIC      RECORDS  [Oct. 

in  the  town  of  New  London,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Stephen  Her- 
rick  to  be  Lieutenant  of  [the]  second  company  or  trainband 
in  the  town  ( 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Amos  Wald- 
bridge  to  be  Ensign  of  the  company  or  trainband  in  the  town 
of  Stafford,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Bphraim  Kings- 
bury to  be  Ensign  of  the  third  company  or  trainband  in  the 
town  of  Norwich,  and  order  that  he  be  commissioned  accord- 
ingly. 

The   Gentlemen   nonninated   by  the   Freemen   of  this 
Government  to  stand  for  Election  in  May 
next  are  as  follow,  (viz  :) 
The   Honourable   Joseph   Talcott,  Esq^,  the   Honourable 
Jonathan  Law,  Esq!",  Samuel  Eells,  Esq'",  Roger  Wolcott, 
Esq'',  James  Wadsworth,  Esq"",  Nathaniel  Stanly,  Esq!",  Joseph 
Whiting,  Esqr,   Ozias  Pitkin,  Esq"",  Timothy  Pierce,   Esq--, 
John  Burr,  Esqi",  Samuel  Lynde,  Esq"",  Edmund  Lcwiss,  Esqf", 
William  Pitkin,  Esq%  Roger  Newton,  Esq"",  Thomas  Fitch, 
Esq^Mr.  Ebenezer  Silliman,  Capt.  John  Bulkley,  Mr.  Ebene- 
zer  West,  Capt.  Samuel  Hill,  Capt.  Andrew  Burr. 
An   Act  appointing  a  Special  Court  to  loe  holden  in 
Saytarook  for  the  Tryal  of  Kate,  an  Indian  Woman, 
no^^^  confined  in  the  Goal  at  Ne^Ar  London  on  Sus- 
picion of  murthering  her  bastard  Child. 
Whereas  the  tryal  of  the  said  Indian  woman  hath  been  al- 
ready long  delayed,  and  may  probably  be  much  longer,  by 
reason  of  the  weakness  and  infirmity  attending  some  of  the 
principal  evidences  necessary  on  said  tryal,  which  renders  it 
impracticable  for  them  to  attend  on  the  stated  superiour  courts  : 
To  the  end,  therefore,  that  justice  may  not  be  delayed. 

It  is  enacted  hy  the  Deputy  Governoiir,  Council  and  Hejjresen- 
tatives,  in  G-eneral  Court  assembled,  and  hy  the  authority  of  the 
same,  That  the  judges  of  the  superiour  court,  or  any  three  of 
them,  shall  meet  at  Saybrook,  at  such  place  in  said  town  as 
the  chief  judge  shall  appoint,  on  the  third  Tuesday  of  Novem- 
ber next,  and  there  proceed  to  the  tryal  of  the  said  Kate  in 
due  course  of  law,  as  though  the  tryal  had  been  at  one  of  the 
stated  courts  ;  any  law,  usage  or  cuatom  to  the  contrary  not- 
withstanding. 

An  Act  in  Addition  to  an  Act  intituled  An  Act  for  the 
Encouragement  and  better  Supporting  the  Schools 
that  by  Law  ought  to  be  kept  in  the  several  Towns 
and  Parishes  in  this  Colony,  which  Act  was  made 
in  May,  1783. 
Whereas  in  said  act  the  money  raised  by  the  sale  of  the 


1737.] 


OF   CONNECTICUT. 


123 


seven  townships,  laid  out  in  the  western  lands  and  ordered 
by  this  Assembly  to  be  sold,  was  appropriated  to  the  support 
[322]  of  the  several  schools  in  the  towns  that  gave  ||  in  their 
lists  in  the  year  then  last  past,  and  upon  the  improvement  of 
said  money  to  any  other  use,  the  money  to  be  returned  into 
tlie  treasury  of  this  Colony  : 

It  is  noiv  declared  and  resolved  hy  this  Assembly  and  the 
authority  thereof,  That  in  case  any  of  the  towns  or  parishes  as 
aforesaid,  by  their  major  vote  in  any  of  their  meetings  regu- 
larly assembled,  shall  well  and  truly  sequester  their  propor- 
tion of  such  money  to  the  support  of  the  gospel  ministry  as 
by  the  laws  of  this  Colony  established,  and  shall  from  time 
to  time  continue  to  improve  it  to  that  end,  this  Assembly 
will  not  proceed  to  take  the  forfeiture  as  aforesaid,  but  do 
hereby  release  the  said  money  to  the  support  of  the  ministry 
as  aforesaid  ;  any  former  act  of  this  Assembly  to  the  contrary 
notwithstanding. 

The  Sums  Total  of  the  Lists  of  Estate  of  the  several 

Towns  in  this  Colony  following,  sent  in  to  this 

Assembly  and  accepted,  (viz.) 


Hartford, 

32171L  7s 

.M 

.  New  Haven, 

39942Z.  10s 

.  0, 

New  London, 

27877  15 

5 

Fairfield, 

35916 

6  10 

Windham, 

17099     9 

0 

Norwich, 

39133 

,0 

9 

Groton, 

17511     4 

0 

Farmington, 

24216 

6 

6 

Lebanon, 

26273     0 

9 

Waterbury, 

8493 

19 

0 

Say brook. 

16045     4 

0 

Durham, 

8886 

18 

0 

Pomfrett, 

11033     5 

0 

Glassenbury, 

8423 

14 

0 

Hebron, 

10153  15 

6 

Windsor, 

28524 

15 

0 

Preston, 

14103  10 

0 

Woodbury, 

12358 

8 

0 

Mansfield, 

8082     6 

0 

Lyme, 

17425 

16 

9 

Plainfield, 

8542  17 

3 

Killingsworth,  10442 

6 

4 

Norwalk, 

24806     0 

11 

Brandford, 

17346 

15 

6 

NewMilford, 

6813  16 

4 

Symsbury, 

11785 

19 

0 

Danbury, 

10550  12 

0 

Guilford, 

25597 

19 

9 

Greenwich, 

15159  10 

0 

Coventry, 

9122 

3 

0 

Killingly, 

13050     8 

0 

East  Haddam,  11948 

9 

6 

Ashford, 

6123  10 

0 

Stratford, 

29184 

5 

0 

Stonington, 

23644     1 

0 

Millford, 

24522 

12  10 

Wallingford, 

30686  14 

9 

Midletown, 

26814 

0 

0 

Standford, 

21773     4 

3*   Derby, 

7149. 

4 

0 

Weathersfield,22553  17 

6 

Colchester, 

14896 

4 

0 

Upon  the  memorial  of  Stephen  Hart,  Joseph  Hart,  &c., 
heirs  of  Stephen  Hart,  formerly  of  Farmingtown,  deceas'd, 
shewing  that  this  Assembly,  May  8th,  1673,  granted  to 
Stephen  Hart  aforesaid,  deceas'd,  one  hundred  and  fifty  acres 
of  land,  in  such  place  where  it  might  be  conveniently  found, 


124  PUBLIC      RECORDS  [Oct. 

&c.  ;  and  that  at  this  Assembly,  October  11th,  1705,  the  said 
grant  was  made  and  confirmed  to  the  heirs  of  the  said  Stephen 
Hart,  deceas'd,  to  be  taken  up  in  some  convenient  place  where 
it  might  not  prejudice  any  former  grant ;  and  that  the  said 
grant  yet  remains  unsurveyed,  &c. ;  and  praying  the  said  150 
acres  may  be  laid  out,  etc. :  This  xA.ssembly  grant  the  prayer 
of  the  said  memoralists,  and  order  that  there  be  surveyed 
and  laid  out  to  the  heirs  of  Stephen  Hart  aforesaid,  deceas'd, 
one  hundred  and  fifty  acres  of  land  on  the  west  side  of  Ousa- 
tunnuck  river,  not  within  the  bounds  of  any  of  the  townships 
there  already  laid  out.  And  Edmund  LewisSjEsq"",  surveyour 
of  the  county  of  Fairfield,  is  directed  and  impowred  to  survey 
and  lay  out  the  same  accordingly. 

[323]  On  the  memorial  of  the  west  society  in  Fairfield,  pray- 
ing to  have  a  committee  appointed  to  ascertain  a  place  for  the 
erecting  a  meeting  house  in  said  society :  This  Assembly  do 
appoint  Mr.  John  Thompson,  Capt.  Samuel  Comstock,  and 
Mr.  John  Bartlett,  a  committee  to  repair  to  said  society,  view 
the  circumstances  of  the  same,  hear  the  parties  thereon,  and 
ascertain  the  place  for  the  setting  the  meeting  house  on,  and 
make  report  to  this  Assembly,  for  confirmation. 

Upon  the  representation  of  Messrs.  Benajah  Bushnell,  John 
Bulkley  and  Dudley  Woodbridge,  who  were  a  committee  ap- 
pointed by  this  Assembly,  in  their  sessions  at  Hartford  in  May 
last,  to  repair  to  Mansfield  and  to  view  the  circumstances  of 
said  town,  in  order  to  the  forming  a  new  society  in  the 
northerly  part  thereof,  and  to  affix  a  divisional  line,  &c.,  and 
shewing  to  this  Assembly  that  the  said  committee,  on  the 
11th  day  of  July  last  past,  entered  upon  said  service,  and, 
having  viewed  the  situation  thereof,  do  judge  it  most  conve- 
nient that  there  be  a  new  society  formed  in  the  northerly  part 
of  said  town,  within  the  lines  hereafter  mentioned  :  Where- 
upon it  is  resolved  and  enacted  by  this  Assembly,  that  there 
be  a  distinct  society  in  the  northerly  part  of  said  town  of 
Mansfield,  and  that  the  inhabitants  thereof  are  hereby  en- 
dowed with  the  same  parish  powers  and  privileges  as  other 
parishes  allowed  by  law  in  this  Colony  are  ;  and  the  said 
society  to  lye  within  the  following  hues,  (^viz:')  Beginning  at 
a  white  oak  tree  standing  at  the  Willamantick  river,  being  the 
northwesterly  corner  of  said  town  ;  thence  running  in  the  line 
dividing  between  said  town  of  Mansfield  and  the  town  of 
Willington  and  Ashford  six  miles  and  an  hundred  and  ten 
rods  to  an  heap  of  stones,  erected  in  said  line  by  the  town  of 
Mansfield  for  a  corner  of  said  society ;  from  thence  running 
southerly  two  miles  to  a  heap  of  stones  erected  by  the  town 
for  the  same  purpose,  and  from  said  heap  of  stones  to  run  a 


1737.]  OF     CONNECTICUT.  125 

line  so  as  to  leave  Mr.  Freeman's  house  in  the  old  society, 
about  Ibrty  rods,  and  just  to  include  the  dwelling  houses  of 
Stephen  Cross  and  Abel  Wright  in  the  new  society,  till  it 
comes  to  Willamantick  river  ;  and  from  thence  to  run  by  said 
river  to  the  first  mentioned  boundary. 

Upon  the  memorial  of  Samuel  Humphrey  and  others,  pro- 
prietors of  the  bridge  across  the  river  in  Symsbiiry,  praying 
this  Assembly  to  impower  the  proprietors  of  said  bridge  to 
manage  the  affairs  thereof  by  their  major  vote,  &c. :  This  As- 
seml)ly  do  enact  and  impower  the  proprietors  of  said  bridge, 
and  they  arc  hereliy  impowred,  to  meet  together  upon  notice 
given  them  by  any  tliree  of  the  pi'incipal  proprietors  of  said 
bridge  appointing  time  and  place  of  such  meeting ;  and  said 
proprietors  being  so  assembled,  to  chuse  a  clerk  to  enter  the 
votes  of  said  proprietors,  who  shall  take  the  same  oath  that  is 
already  provided  by  law  for  proprietors'  clerks.  And  said  pro- 
prietors shall  have  full  power  in  said  meetings  to  agree  upon 
such  measures  as  they  shall  think  proper,  to  order  the  affairs 
of  said  bridge,  and  for  keeping  said  bridge  in  repair,  and  also 
to  chuse  a  committee  to  take  the  care  of  said  bridge,  and 
agree  with  and  appoint  some  suitable  person  to  tend  said 
bridge  and  to  take  the  toll  or  fare  of  those  that  cross  oii  said 
bridge ;  and  also  said  proprietors  in  said  meetings  to  agree  on 
any  method  of  warning  meetings  of  said  proprietors  for  the 
future.  All  the  votes  of  said  proprietors  to  be  computed  by 
their  interest  in  said  bridge. 

Upon  the  memorial  of  Loiss  Stanton,  widow  and  relict  of 
Samuel  Stanton,  jun>",  late  of  Stoningtown  in  the  county  of 
New  London,  deceas'd,  she  being  administratrix  on  the  estate 
of  said  deceas'd,  shewing  to  this  Assembly  that  the  debts  due 
from  said  estate  surmount  the  moveable  estate  of  the  deceas'd 
[o24]  ,£498  Os.  2d.,  and  praying  ||  for  liberty  of  this  Assem- 
bly to  make  sale  of  so  much  of  the  real  estate  of  the  deceas'd 
as  will  amount  to  the  sum  of  said  debts  and  also  defray  the 
necessary  charges  thereon  arising :  This  Assembly  do  hereby 
substitute  and  appoint  Mr.  John  Noyes  of  Stonington  and 
Loiss  Stanton  the  memorialist,  to  make  sale  and  execute 
deeds  of  conveyance  of  so  much  of  the  real  estate  of  the  de- 
ceas'd as  will  procure  the  sum  of  £498  Os.  2d.  with  the 
necessary  charges  arising  thereon,  taking  the  direction  of  the 
court  of  probate  in  the  county  of  New  London. 

Upon  the  memorial  of  Josiah  Loomiss  of  Symsbury,  shewing 
this  Assembly  the  great-care  and  pains  he  has  taken  for  the 
cure  of  a  certain  lame  Indian,  named  Peter,  and  praying  this 
Assemljly  to  order  that  he  shall  be  paid  for  his  care  and  pains 


126  PUBLIC     RECOEDS  [Oct. 

taken  as  aforesaid,  out  of  the  publick  treasury  of  this  Colony : 
This  Assembly  do  enact  and  grant,  that  the  said  Josiah  Loomiss 
shall  be  paid  out  of  the  pul)lick  treasury  of  this  Colony  the  sum 
of  twelve  pounds  money,  for  his  pains  and  care  taken  as  afore- 
said ;  and  the  Treasurer  is  hereby  ordered  and  directed  to 
pay  unto  the  said  Josiah  Loomis,  out  of  the  publick  treasury 
of  this  Colony,  the  said  sum  of  twelve  pounds  money,  taking 
his  receipt  for  the  same. 

Upon  the  memorial  of  Eljenezer  Fowler,  administrator  of 
the  estate  of  William  Smith,  late  of  Guilford,  deceas'd,  shew- 
ing to  this  Assembly  that  tlie  debts  and  charges  due  from  said 
estate  surmounts  the  personal  estate  the  sum  of  XIO  14s.  4fZ., 
and  praying  for  liberty  and  power  to  sell  so  much  of  the  real 
estate  as  may  procure  the  said  sum  of  ,£10  14s.  4cZ.  with  the 
necessary  ciiarges  arising  in  selling  the  same  :  This  Assembly 
grants  liberty  and  full  power  to  the  said  Ebenezer  Fowler, 
with  the  direction  of  the  court  of  probate  in  Guilford,  to  sell 
so  much  of  the  real  estate  of  said  deceas'd  as  may  procure  the 
said  sum  of  <£10  14s.  4tZ.  for  the  payment  of  the  debts  of  said 
deceased,  with  the  necessary  charges  arising  thereon. 

Upon  the  memorial  of  Lydia  Tliomas  of  New  Haven,  ad- 
ministrjitrix  of  the  estate  of  Samuel  Thomas,  late  of  New 
Haven,  deceas'd,  shewing  that  the  debts  due  from  said  de- 
ceas'd's  estate  do  amount  to  a  greater  sum  than  the  whole 
inventory  of  said  deceas'd's  estate,  both  real  and  personal,  by 
the  sum  of  £1 ,  Ids.  2d.,  and  praying  that  she  might  have 
liberty  to  make  sale  of  all  the  real  estate  of  said  deceas'd,  to 
enable  her  to  the  payment  of  the  debts  aforesaid :  It  is  re- 
solved by  this  Assembly,  that  the  said  Lydia  Thomas  shall 
have  liberty,  and  is  hereby  fully  impowred,  to  make  sale  of 
the  said  deceas'd's  real  estate,  to  enable  her  to  pay  the  said 
debts  so  far  as  the  same  on  sale  shall  amount ;  always  ob- 
serving the  direction  of  the  judge  of  probates  in  New  Haven 
therein. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Fair- 
child  to  be  Lieutenant  of  the  north  company  or  trainband  in 
the  town  of  Stratford,  and  order  that  he  be  commissioned  ac- 
cordingly. 

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

[825]  This  Assembly  do  order  and  direct  the  Treasurer  of 
this  Colony,  Capt.  John  Whiting,  to  attend  the  Assembly  on 
Thursday,  the  27th  day  of  October  instant,  and  bring  with 
liim  a  sufficiency  of  the  bills  of  publick  credit  in  his  hands  to 

elVay  the  charges  of  this  Assembly. 


1737,]  OF       CONN.ECTICUT.  127 

On  the  report  of  Andrew  Burr  and  Jonatlian  Maltbie,  who 
were,  together  with  Jonathan  Hoit,  Esq'',  appointed  to  be  a 
committee  by  the  Assembly,  in  May  last,  to  ascertain  and 
affix  a  place  to  build  a  meeting  house  upon  in  the  parish  of 
Wilton,  sliewing  that  the  said  Burr  and  Maltbie  had  heard 
and  viewed  tlie  circumstances  of  said  parish,  and  have  ascer- 
tained and  affixed  the  place  to  build  said  meeting  house  upon 
to  be  a  piece  of  land  belonging  to  John  Marvin  of  Norwalk, 
lying  in  said  parish  on  the  eastwardly  side  of  the  country  road 
from  Norwalk  to  Danbury,  on  a  place  called  and  known  by 
the  name  of  the  Sliarp  Hill,  where  they  set  down  a  stake  and 
laid  stones  thereto:  Eesolved  by  this  Assembly,  that  the  place 
ascertained  by  said  committee  be  fixed  and  ascertained  as  the 
place  for  building  said  meeting  house  on  in  said  parish,  at  the 
stake  abovementioned. 

Upon  the  memorial  of  William  Moor,  Isaac  Gillctt  and 
Ephraim  Phelps,  committee  of  Turkye  Hill  parish  in  Syms- 
bury  and  Windsor,  shewing  to  this  Assembly  tiiat  the  said 
parish  or  society,  at  their  meeting  regularly  assembled,  June 
the  16tli,  1737,  voted,  wherein  more  than  two-thirds,  of  the 
voters  agreed,  that  it  was  necessary  to  build  a  meeting  house 
in  said  society  for  the  worshiping  God  in,  and  praying  this 
Assembly  that  they  would  appoint  a  committee  to  affix  a  place 
in  said  society  whereon  they  may  build  said  meeting  house : 
This  Assembly  do  appoint  Messrs,  James  Church,  Joseph 
Talcott,  jun'",  and  John  Edwards,  of  Hartford,  a  committee 
to  repair  to  said  parish  and  view  the  situation  of  the  inhabi- 
tants thereof,  and  affix  and  ascertain  a  place  in  said  society 
whereon  they  may  think  it  most  convenient  for  said  inhabi- 
tants to  build  their  meeting  house,  and  make  report  of  their 
doings  in  the  premises  to  this  Assembly  in  their  sessions  in 
May  next. 

Upon  the  memorial  of  the  southwest  military  company  in 
Windsor,  shewing  to  tliis  Assembly  that  there  is  about  five 
or  six  families  living  in  the  north-east  part  of  Earmingtown 
which  are  part  of  Wintonbury  parish  but  are  not  by  law  obliged 
to  attend  upon  and  do  military  duties  nor  service  there,  yet 
they  are  so  remote  from  the  town  of  Earmingtown  that  they 
have  never  attended  upon  military  service  in  said  Earm- 
ingtown ;  praying  this  Assembly  that  they  may  be  ordered  to 
attend  and  perform  military  duty  and  service  with  said  south- 
west military  company  :  Whereupon  this  Assembly  enact  and 
order,  that  those  persons  that  by  law  are  obliged  to  train,  who 
live  in  the  northeast  part  of  Earmingtown  and  in  tlie  parish 
of  Wintonbury,  shall  attend  and  perform  military  duties  and 
service  in  said  military  company  or  traiiiband,  and   shall  be 


128  PUBLIC     JJECORDS  [Oct. 

liable  to  the  penalties  of  the  law  for  their  neglect  to  attend 
said  service  as  if  they  had  always  belonged  to  said  trainband 
or  company. 

This  Assembly  do  establish  and  confirm  Mr.  Jeremiah  Peck 
to  be  Lieutenant  of  [the]  west  company  or  trainband  in  the 
town  of  Milford,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

[326]  Upon  the  petition  of  John  Meach,  of  Preston  in  the 
coimt^  of  New  London,  shewing  to  this  Assembly  that  John 
Eude,  of  Preston  aforesaid,  and  Nathaniel  Brayman  and  Me- 
hetabell  Brayman,  of  Stafford  in  the  county  of  Hartford,  bro't 
their  action  against  him,  demanding  sixty  acres  of  land,  and 
that  the  fi:nal  judgment  of  the  superiour  court  in  New  Lon- 
don in  September  last  was  rendered  against  him ;  and  also 
praying  for  a  rehearing  of  said  cause  at  the  superiour  court 
to  be  held  in  Norwich  in  March  next :  Resolved  by  this  As- 
sembly, that  the  said  John  Meach  is  allowed  a  new  tryal  of 
his  said  cause  at  the  superiour  court  to  be  held  at  Norwich  in 
the  county  of  New  London  on  the  -Ith  Tuesday  of  March 
next :  upon  this  condition,  that  the  said  Meach  pay  to  the 
said  Eude,  &c.,  all  the  cost  recovered  against  him  at  the  su- 
periour court  in  September  last  in  said  cause,  before  he  enter 
this  action  ;  and  all  the  future  cost  follow  the  final  judgment. 

Upon  the  petition  of  Benjamin  Wright  of  Killingsworth, 
representing  and  shewing  to  this  Assembly  that  by  his  writ, 
dated  November  18th,  1735,  he  brought  his  action  of  tres- 
pass against  Ephraim  Kelsey  of  Saybrook,  demanding  fifty 
pounds  damage,  before  the  county  court  held  at  Norwich^ 
4th  Tuesday  of  said  November,  which  by  sundry  continu- 
ances and  tryals  came  to  its  final  tryal  before  the  superiour 
court  at  New  London  in  September  last,  on  the  plea  Not 
Guilty,  in  which  tryal  the  other  matters  being  conceded  by 
the  parties  and  whether  a  certain  deed  of  feoffment,  alledged 
to  have  been  given  by  James  Wright,  the  plaintiff's  father,  to 
one  James  Wright  his  son,  was,  in  fact,  the  said  father's  act  and 
deed,  remaining  the  only  or  principal  point  in  question,  the 
defendant,  concealing  said  original  writing,  gave  in  evidence 
of  the  aforesaid  fact  only  a  copy  thereof,  and  that,  upon  the 
sole  evidence  of  such  copy,  the  jury  found  the  defendant  not 
guilty,  and  so,  in  effect,  that  the  said  deed  was  the  act  of  the 
said  James  the  father,  and  that  judgment  was  thereupon  given 
that  the  defendant  recover  his  cost, — prays  for  a  reversal  of 


1737.]  OP      CONNECTICUT.  129 

said  final  judgment  and  liberty  of  anotlier  tiyal  of  this  case 
at  the  superiour  court  to  be  held  at  Norwich  in  March  next, 
and  that  in  such  tryal  the  said  copy  may  not  be  admitted  as 
evidence  of  the  abovesaid  questioned  matter  of  fact,  and  that 
the  whole  cost  follow  sucli  final  tryal,  as  per  his  petition  on 
filo,  dated  October  the  Bth,  1737,  appears  :  Resolved  by  this 
Assembly,  that  the  petitioner  have  liberty  of  another  tryal  of 
this  case  before  tiie  superiour  court  to  be  holden  at  Norwich 
in  March  next,  and  that  the  whole  cost  follow  the  judgment. 

Upon  the  memorial  of  Henry  Coolc,  Barnabas  Ford  and 
others,  inhabitants  of  the  town  of  Waterbury,  shewing  to 
this  Assembly  the  difficulty  tliat  they  lye  under,  in  attending 
the  publick  worship  in  said  town,  and  that  said  town,  at  their 
meetiiig  held  in  said  Waterbury,  September  29th,  1736,  upon 
application  made  to  them,  granted  to  the  memorialists  liberty, 
for  themselves  and  others  that  should  live  within  two  miles 
and  an  half  of  the  dwelling  house  of  Barnabas  Ford,  to  hire 
a  gospel  minister  in  the  months  of  December,  January  and 
[327]  February,  with  exemption  ||  from  any  ministerial  cliarges 
in  the  town  society  during  said  time,  and  said  liberty  was 
granted  by  said  town  for  three  years  next  after  said  meeting ; 
praying  this  Assembly  that  the  vote  of  said  town  might  be 
confirmed  unto  them,  &c.  :  Whereupon  this  Assembly  order 
and  enact,  that  during  said  three  months  granted  by  the  town 
of  Waterbury  to  the  memorialists,  in  the  three  years  then  next 
ensuing,  the  memorialists  shall  be  exempted  from  paying  any 
charges  to  the  support  of  the  minister  in  said  town  society  ; 
provided  they  maintain  a  gospel  minister  amongst  themselves. 

Tins  Assembly  do  establish  and  confirm  Mr.  Ebenezer 
Barnes  to  [be]  Ensign  of  the  company  or  trainband  at  the 
parish  of  Southington  in  Farmingtown,  and  order  tliat  he  be 
commissioned  accordingly. 

An  Act  directing  Listers  in  their  Office  and  Duty. 

Be  it  enacted  by  the  Deputy  Cfovernour,  Council  -and  Repre- 
sentatives, in  General  Court  assemibled,  and  hy  the  authority  of 
the  same,  That  the  listers  in  the  several  towns  in  this  Colony, 
being  sworn  to  a  faithful  discharge  of  their  office,  shall,  by 
themselves  or  one  or  more  deputed  by  them,  sometime  in  the 
month  of  July  annually,  warn  all  the  inhabitants  proper  to 
be  listed  in  their  towns,  or  leave  notice  at  their  houses  or 
places  of  usual  abode,  to  give  in  their  respective  lists  ;  and 
the  said  inhabitants,  being  so  warned,  shall  give  in  to  the 
listers,  in  writing,  a  true  account  of  all  the  rateable  estate  be- 
ing their  property  or  belonging  to  them  on  the  twentieth  of 
August  following,  at  or  before  the  tenth  of  September  follow- 

17 


130  PUBLIC      RECORDS  [Oct. 

ing,  particularly  mentioning  therein  all  such  things  as  are  in 
this  act  hereafter  expressly  valued,  signed  with  their  names 
or  marks ;  which  accounts  the  said  listers  shall  accept,  adding, 
according  to  their  best  judgments,  for  all  things  hereafter 
mentioned  in  this  act  to  be  listed  that  are  not  particularly 
valued,  and  make  the  whole  into  one  general  list. 

Be  it  further  enacted  hy  the  authority  aforesaid^  That  the 
listers  in  the  respective  towns  shall  return  the  sum  total  of 
the  list  unto  the  General  Assembly  in  October,  annually,  with 
a  certificate  from  the  assistant,  justice  of  the  peace,  or  town 
clerk,  before  whom  the  said  listers  were  sworn,  that  they  were 
sworn  to  a  faithful  discharge  of  their  work,  some  time  before 
the  first  of  July  preceding  ;  and  that  every  of  the  aforesaid 
listers  that  shall  be  negligent  and  fail  of  sending  of  the  sum 
total  as  aforesaid,  or  the  certificate  as  aforesaid,  shall  forfeit 
and  pay  to  the  treasury  of  this  Colony  the  sum  of  ten  pounds  ; 
and  that  if  no  sum  total  of  the  list  be  returned  from  any 
town,  or  not  with  such  certificate,  such  town  shall  be  doomed 
by  the  Assembly. 

Be  it  further  enacted  hytlie  authority  aforesaid,  That  it  shall 
be  the  duty  of  the  said  listers,  after  the  rising  of  the  General 
Assembly  in  October  annually,  carefully  to  inspect  the  said 
list  till  the  last  day  of  December  following,  annually,  and  to 
add  fourfold  for  all  the  polls  and  estate  rateable  they  shall 
find  left  out  of  the  list  by  any  particular  person  or  persons, 
the  property  whereof  did  belong  unto  any  of  the  persons 
[328]  aforesaid  on  ||  the  twentieth  of  August  preceding;  and 
if  any  doubt  tliereon  shall  arise,  the  said  estate  shall  be  ad- 
judged or  reputed  the  pi^operty  of  the  person  assessed  for  the 
same,  unless  he  can  shew  it  to  have  been  the  property  of  some 
other  person  on  the  said  twentieth  of  August  aforesaid  ;  and 
also  add  to  the  said  lists  fourfold  for  the  whole  rateable  estate 
and  polls  of  all  such  as  have  given  in  no  lists  at  all,  as  a  pen- 
alty on  the  said  inhabitants  for  their  neglect,  who  shall  pay 
rates  for  the  same  according  to  their  fourfold  assessments ; 
and  the  one-half  of  all  sums  arising  upon  such  additions  shall 
by  the  constable  and  other  collectors  of  rates  that  shall  be 
made  upon  such  lists  be  paid  to  the  listers  as  a  reward  for 
their  trouble,  and  the  other  half  shall  be  for  the  uses  for 
which  such  rates  are  made.  And  the  said  listers  shall  trans- 
mit the  sum  total  of  all  the  additions  they  shall  so  make,  to 
the  General  Court  in  May  following,  incurring  the  same  pen- 
alty for  their  neglect  hereof  as  is  provided  in  the  second  par- 
agraph of  this  act  in  case  tliey  shall  neglect  to  send  the  sum 
total  of  the  list  to  October  Court. 

Be  it  further  enacted  hy  the  authority  aforesaid,  That  the 


1737.]  OF      CONNECTICUT.  131 

listers  in  each  of  the  respective  towns  in  this  Colony  shall, 
annnally,  sometime  in  the  month  of  January,  deliver  the  list 
of  the  polls  and  rateable  estate  of  the  inliabitants  of  their 
town,  by  them  made,  to  the  clerk  of  the  town,  taking  his 
receipt  for  the  same,  upon  penalty  that  every  lister  that  shall 
refuse  and  neglect  the  same  shall  pay  to  the  treasury  of  such 
town  the  sum  of  ten  pounds,  to  be  recovered  by  action,  bill, 
plaint  or  information. 

Be  it  further  enacted.  That  when  and  so  often  as  any  per- 
son or  persons  are  overcharged  in  their  lists,  it  shall  be  the 
duty  of  the  listers  to  grant  relief  in  such  cases  only  where  the 
estate  shall  appear  not  to  have  belonged  to  the  person  on  the 
twentieth  of  August  preceding,  or  that  it  was  not  left  out 'by 
him  through  his  wilfulness  or  negligence,  but  from  sufficient 
grounds  to  conclude  the  estate  to  be  lost,  and  that  so  soon  as 
he  was  sensible  of  his  duty  therein  he  did  offer  his  said  estate, 
bona  fide,  to  the  listers  to  be  entered  in  the  publick  list :  but 
if  such  listers  will  not  give  just  relief,  then,  upon  application 
made  by  the  aggrieved  party  to  an  assistant  or  justice  of  the 
peace,  with  two  of  the  selectmen  of  the  town,  (notifying  two 
or  more  of  the  listers  to  shew  reason,  if  any  they  have,  why 
relief  should  not  be  granted  them,)  they  shall  consider  the 
case  and  give  such  relief  as  they  shall  judge  just.  And  the 
same  liberty  is  allowed  for  any  that  may  be  overcharged  in 
the  list  now  brought  in,  or  ought  to  be  brought  in  to  this 
Assembly. 

Be  it  further  enacted  by  the  authority  aforesaid.  That  if  any 
of  the  listers  in  the  respective  towns  shall  forget  or  neglect, 
within  the  time  ordered  by  the  law,  to  demand  any  person's 
list,  within  the  precincts  whereto  such  listers  are  appointed, 
that  then,  in  every  such  case,  such  listers  shall  and  are  hereby 
required,  at  any  time  in  the  same  year,  before  the  first  day 
of  May  next  following,  to  demand  such  list  of  every  per- 
son forgotten  as  aforesaid.  And  if  any  person,  of  whom  such 
list  as  aforesaid  is  demanded,  sfiall  neglect  to  bring  in  a  true 
[329]  list  of  his  or  their  estates  unto  the  ||  listers  demand- 
ing, within  five  days  after  the  demand,  that  then  such  listers 
shall  make  up  a  list  for  the  person  so  neglecting,  according  to 
the  best  of  their  discretion,  and  return  the  same  to  the  Gen- 
eral Assembly.  And  all. persons  shall  be  accordingly  assessed 
in  the  several  rates  to  be  made  upon  such  list. 

Be  it  further  enacted  by  the  authority  aforesaid,  That  all  the 
male  persons  in  the  several  towns  in  this  Colony  from  sixteen 
years  old  to  seventy,  (except  the  Governour,  Deputy  Goveru- 
our.  Assistants,  ministers  of  the  gospel,  the  rector  and  tutors 
of  the  collegiate  school,  school-masters,  and  students  of  the 


132  PUBLIC      RECORDS  [Oct. 

college  until  the  expiration  of  the  time  for  taking  their  second 
degree,  shall  be  set  in  the  list  each  person  at  eighteen  pounds  ; 
every  ox  or  steer  of  four  years  old  and  upwards,  at  four  pounds 
per  head ;  each  cott,  steer  or  heifer  of  three  years  old  and  up- 
wards, at  three  pounds ;  every  steer  or  heifer  of  two  years 
old,  at  two  pounds  ;  each  steer  or  heifer  of  one  year  old,  at 
one  pound  ;  each  horse  or  mare  of  three  years  old  and  up- 
wards, at  three  pounds ;  all  horse-kind  of  two  years  old,  at 
two  pounds  ;  each  horse-kind  of  one  year  old,  at  one  pound, 
except  troopers'  horses  freed  by  law  ;  every  swine  of  one  year 
old  and  upwards  (except  boars)  at  one  pound  ;  each  dwelling 
house  having  three  acres  of  land  adjoyning,  the  land  to  be  set 
in-»  the  hst  at  twenty  shillings  per  acre,  and  each  dwelling 
house  having  land  adjoyning  in  lesser  quantities  in  propor- 
tion ;  all  the  meadow  lands  in  the  county  of  Hartford,  both 
plowing  and  mowing,  at  fifteen  shillings  by  the  acre,  except 
boggy  meadow,  which,  if  mowed,  at  five  shillings  by  the  acre; 
and  all  other  plow-lands  within  this  Colony  at  ten  shillings  by 
the  acre.  And  all  meadow  kinds,  both  salt  and  fresh,  within 
the  counties  of  New  Haven,  New  London,  Fairfield,  and 
Windham,  (except  boggy  meadows,)  at  seven  shillings  and 
sixpence  by  the  acre:  the  boggy  meadows,  if  mowed,  at  five 
shillings  by  the  acre. 

Ahvays  i^rovided^  That  all  plow-lands  shall  be  so  assessed 
only  for  that  year  in  which  the  crops  are  taken  off  or  sepa- 
rated from  the  said  land,  but  in  the  next  year  following  it 
shall  be  assessed  as  and  for  pasture  land  at  eight  shillings  per 
acre,  and  so  from  year  to  year  till  the  year  wherein  the  said 
land  shall.be  plowed  for  another  crop,  (except  lands  in  com- 
mon fields  not  improved,)  in  which  it  shall  be  rate  free ; 
and  in  the  year  in  which  the  crop  is  to  be  taken  off  or  sepa- 
rated from  the  said  land,  it  shall  be  rated  at  ten  shillings,  as 
aforesaid.  All  upland  pasture,  either  for  feeding  or  mowing, 
shall  be  assessed  at  eight  shillings  by  the  acre,  excepting  only 
such  lands  as  are  much  overgl'own  with  wood,  bushes,  briars, 
and  the  like,  Avhereby  the  land  becomes  unserviceable  for  pas- 
ture ;  which  lands  shall  be  assessed  at  two  shillings  per  acre. 
All  lands  inclosed  for  improvement,  either  for  plowing  or  feed- 
ing, shall  be  exempted  for  four  years.  That  all  horse-kind  and 
other  creatures  rateable  by  law  that  are  put  upon  any  farm 
in  this  Colony,  remote  from  the  towns  where  the  owners  dwell, 
and  under  the  care,  occupancy  and  improvement  of  a  tenant 
there,  shall  be  put  into  the  lists  of  the  polls  and  rateable  es- 
tate of  such  tenant  in  the  town  or  peculiar  where  such  farm 
lyeth ;  and  that  in  all  other  cases,  all  horse-kind  and  other 
creatures  rateable  hy  law  shall  be  put  into  the  list  of  the  polls 


1737.]  OF      CONNECTICUT.  133 

and  rateable  estate  of  tlie  owners  thereof,  in  the  towns 
[330]  II  where  they  dwell.  And  all  peculiars,  or  lands  not 
as  yet  laid  within  the  bounds  of  any  town,  those  lands,  with 
the  persons  and  estates  thereupon,  shall  be  assessed  by  the 
rates  of  the  next  town  unto  it,  the  measure  or  estimation 
to  be  by  the  distance  of  the  meeting  houses.  All  lands  liable 
by  the  law  to  be  put  into  the  lists  shall  be  entered  in  the  list 
according-  to  their  real  quantity  within  fence  or  improvement. 
All  ships  and  other  vessels,  off  the  stocks  and  finished  fit  for 
sailing,  shall  be  set  in  the  list  at  fifteen  shillings  the  tun, 
according  to  the  true  and  just  burtlien  of  them,  to  be  com- 
puted by  the  carpenters  rule.  That  all  the  ministers  of  the 
gospel  that  now  are,  or  hereafter  shall  be,  settled  in  this 
Colony,  during  the  continuance  of  their  publick  service  in  the 
gospel,  shall  have  all  their  estates,  lying  in  the  same  town 
where  they  dwell,  and  all  the  polls  belonging  to  their  several 
families,  exempted ;  and  also  that  the  rector  of  Yale  College, 
for  the  time  being,  his  estate  shall  be  under  the  same  regula- 
tions as  ministers  of  the  gospel ;  and  in  like  manner  shall  all 
lands  in  this  Colony  sequestred  to  or  improved  for  schools 
and  other  pious  uses. 

Be  it  further  enacted  hy  the  authority  aforesaid^  That  all  al- 
lowed attorneys  at  the  law  in  this  government  shall  be  set  in 
the  annual  list,  for  their  faculty,  the  least  practitioners  the 
sum  of  fifty  pounds,  and  the  others  in  proportion  according  to 
their  practice,  to  be  assessed  at  the  discretion  of  the  listers 
of  the  respective  towns  where  said  attorneys  live,  during  their 
practicing  as  such.  And  all  traders,  trades-men  and  artifi- 
cers, shall  be  rated  in  the  list  proportionable  to  their  gains 
and  returns.  In  like  manner  all  ware-houses,  shops,  work- 
houses and  mills,  where  the  owners  have  particular  improve- 
ment or  advantage  thereof,  according  to  the  best  judgment 
and  discretion  of  the  listers.  Such  persons  who  are  disabled 
by  sickness,  lameness  or  other  infirmity,  their  polls  are  ex- 
empted. Servants  and  childr^i  who  take  not  wages,  their 
masters  or  parents  shall  pay  for  them,  but  such  as  take  wages 
shall  pay  for  themselves. 

And  he  it  further  enacted  hy  the  authority  aforesaid,  That  all 
listers  shall  be  obliged  to  take  the  oath  made  and  provided  for 
fence-viewers,  clerks  of  trainbands,  <fec.,  mutatis  muta7idis  ; 
and  that  all  other  laws  of  this  Colony  directing  listers  in 
their  office  and  duty  shall  be  repealed,  and  are  hereby  re- 
pealed, made  void  and  of  none  effect. 

An  Act  for  the  more  effectual  Preventing  the  Divid- 
ing into  Halves  and  Quarters  the  Bills  of  Publick 
Credit  on  this  Colony  of  the  Denominations  of  Five 
Pounds,     Forty    Shillings,    Twenty    Shillings,    Ten 


134  PUBLIC      RECORDS  [Oct. 

Shillings   and  Five  Shillings,  and  for  Calling  in  the 

Halves  and  Quarters  of  such  Bills  that  are  yet  out- 
standing. 

Whereas,  notwitlistaiiding  the  provision  heretofore  made  to 
prevent  the  dividing  the  bills  of  this  Colony  of  the  denomina- 
tions aforesaid,  and  for  exchanging  such  as  were  divided, 
[331]  many  evil-minded  persons,  presuming  ||  that  the  time 
for  exchanging  such  bills  would  be-  from  time  to  time  pro- 
longed, have  continued  to  tear  and  divide  them,  and  the 
halves  and  quarters  of  the  bills  so  divided  to  utter  and  receive, 
wliereby  not  only  the  charge  of  making  such  bills  is  greatly 
enhanced,  but  opportunity  given  of  imposing  false  and  count- 
erfeit bills  on  his  Majesties  good  subjects  :  Which  mischiefs 
more  effectually  to  prevent. 

Be  it  enacted  hy  the  Deputy  Governour,  Oouncil  and  Repre- 
sentatives, in  General  Court  assembled,  and  hy  the  authority 
of  the  same,  That  the  Treasurer  of  this  Colony  shall  receive 
into  the  publick  treasury,  by  way  of  exchange,  the  halves  and 
quarters  of  the  true  bills  of  this  Colony  of  the  denominations 
aforesaid,  until  the  first  day  of  January  next,  and  no  longer. 

And,  that  this  act  may  he  the  more  effectually  puhlished,  it  is 
further  enacted  hy  the  authority  aforesaid,  That  the  Secretary 
of  this  Colony,  as  soon  as  conveniently  may  be,  shall  cause  to 
be  inserted  in  one  or  more  of  the  publick  news-papers  a  copy 
of  this  act,  that  so  all  the  possessors  of  such  divided  bills  may 
be  acquainted  therewith  and  conform  themselves  thereto,  on 
the  penalty  of  losing  such  divided  bills. 

An  Act  for  the  Ordering  and  Directing  the  Sale  and 

Settlement  of  all  the  Townships  in  the 

"Western  Lands. 

Be  it  enacted  hy  the  Deputy  Governour,  Oouncil  and  Repre- 
se7itatives,  in  General  Court  assemhled,  and  hy  the  authority  of 
the  same,  That  all  the  townships  in  the  western  lands,  on  both 
sides  the  Ousatunnuck  river,  be  disposed  of  and  settled,  and 
that  each  town  on  the  east  side  of  said  river  shall  be  divided 
into  fifty-three  rights,  (exclusive  of  the  lands  granted  to  the 
college,  and  all  former  grants  of  this  Court  that  are  surveyed 
and  recorded  in  the  publick  records  of  this  Colony  and  are 
lying  in  either  of  said  towns,)  of  which  fifty-three  rights,  one 
shall  be  for  the  use  of  the  ministry,  forever,  that  shall  be 
settled  in  the  town  according  to  the  constitution  and  order  of 
the  churches  established  by  the  laws  of  this  government,  as  is 
provided  in  the  first  paragraph  in  the  act  entituled  An  Act  re- 
lating to  ecclesiastical  affairs  ;  one  for  the  first  gospel  minister 
settled  as  aforesaid  ;  and  one  other  right  for  the  support  of  the 
school  in  such  town  ;  and  the  same  rule  shall  be  attended  in 
every  of  said  townships,  being  five  in  number ;    and  the  re- 


1737.]  OP      CONNECTICUT.  135 

maining  fifty  rights  in  said  towns  shall  be  sold  at  a  publick 
vendue  to  the  liighcst  bidders,  being  of  his  Majesties  subjects 
inhabitants  of  this  Colony  that  will  settle  and  inhabit  at  least 
three  years  in  such  towns,  and  to  no  other  persons.  Further, 
the  two  townships  on  the  west  side  of  Ousatunnuck  river 
shall  be  divided,  the  northwest  township  into  twenty-five 
riglits,  and  the  southwest  into  fifty-three  rights,  and  that  the 
same  reserves  be  made  in  either  of  them  for  ministry,  minis- 
ters and  school  lands,  as  are  resolved  to  be  made  in  the  five 
townships  abovesaid. 

It  is  further  enacted  by  the  authority  aforesaid^  That  any 
person  qualified  as  abovesaid,  and  being  desirous  to  purchase 
an  interest  in  said  lands,  and  proposing  to  settle  the  same  per 
his  agent,  being  esteemed  able  and  likely  to  do  and  perform 
all  duties  and  orders  of  the  place,  shall  be  allowed  so  to  do  ; 
and  every  purchaser  shall  be  obliged,  within  three  years  next 
after  their  purchase,  to  build  and  finish  an  house  of  eighteen 
feet  square  and  seven  feet  stud,  and  to  subdue  and  fence  at 
[332]  least  six  acres  of  land  in  su.cli  town  where  he  is  a  || 
settler  or  hath  fixed  his  agent ;  and  no  person  shall  have  any 
benefit  by  their  purchase,  but  shall  be  liable  to  forfeit  the 
same,  unless  by  himself  or  his  agent  he  perform  all  duties,  pay 
taxes,  &G.,  as  shall  be  enjoy ned. 

Agreeable  to  which,  it  is  further  enacted  by  the  authority 
aforesaid,  That  the  northeastern  township,  that  joyns  to  the 
Colony  line  and  upon  Hartford  and  Windsor  lands,  be  sold  at 
Hartford,  at  the  court  house,  to  the  highest  bidders,  being 
persons  qualified  as  aforesaid,  on  the  second  Tuesday  of  April 
next.  The  vendue  to  begin  at  one  of  the  clock  afternoon, 
and  so  to  continue  by  adjournment  from  time  to  time  till  the 
whole  be  sold;  and  that  the  same  be  set  up  at  fifty  pounds 
per  right;  and  that  Roger  Wolcott,  Esq"",  and  Nathaniel 
Stanly,  Esq'",  and  Capt.  John  Marsh,  or  any  two  of  them,  are 
appointed  a  committee  to  sell  and  assign  the  rights  in  the 
abovesaid  township  to  be  disposed  of  by  vendue  at  Hartford 
aforesaid,  and  take  bonds,  with  surety,  of  the  purchasers,  for 
the  money  bidden  and  for  performance  of  the  conditions  of 
settlement,  and  give  deeds  with  defeazances  in  manner  and 
form  as  hereafter  in  this  act  shall  be  directed. 

Further,  That  the  town  joyning.to  Litchfield  north  line,  and 
eastwardly  on  Torrington,  be  set  up  and  sold  at  the  court 
house  at  New  Haven,  at  vendue  as  abovesaid,  to  begin  on  the 
first  Tuesday  of  December  next  at  one  of  the  clock  afternoon, 
and  so  to  continue  by  adjournment,  as  abovesaid,  till  the  whole 
be  sold ;  and  that  the  same  be  set  up  at  sixty  pounds  per 
right;    and  that  Samuel  Eells,  Esq^.   and  Joseph  Whiting, 


136  PUBLIC      RECORDS,  [Oct. 

Esqi",  and  Capt.  Isaac  Dickerman,  or  any  two  of  them,  are 
appointed  a  committee  to  sell  and  assign  the  rights,  take 
honds  and  give  deeds  with  defeazances,  in  manner  and  form 
as  hereafter  in  this  act  shall  be  directed. 

Further,  That  the  northwest  town,  bounding  west  by  Ousa- 
tunnuck  river,  shall  in  like  manner  be  vendued  and  sold  at 
the  court  house  at  New  London  on  the  first  Tuesday  of  Janu- 
ary next,  at  one  of  the  clock  afternoon,  and  continued  by  ad- 
journment, as  aforesaid,  till  the  whole  be  sold  ;  and  that  the 
same  be  set  up  at  sixty  pounds  per  right ;  and  that  Samuel 
Lynde,  Esq"",  and  Messrs.  John  Griswould  and  John  Richards, 
or  any  two  of  them,  are  appointed  a  committee  to  sell  the 
rights,  take  bonds,  give  deeds  with  defeazances,  in  manner 
and  form  as  hereafter  in  this  act  shall  be  directed. 

Further,  That  the  middle  town,  bounded  west  on  Ousatun- 
nuck  river,  shall  in  like  manner  be  vendued  and  sold  at  the 
court  house  in  Fairfield,  on  the  first  Tuesday  of  February 
next,  at  one  of  the  clock  afternoon,  and  continued  by  adjourn- 
ment, as  aforesaid,  till  the  whole  be  sold  ;  and  that  the  same 
be  set  up  at  fifty  pounds  per  right ;  and  that  John  Burr, 
Esq'',  Edmund  Lewiss,  Esq"",  and  Mr.  Ebenezer  Silliman,  or 
any  two  of  them,  are  appointed  a  committee  to  sell  the  rights, 
take  bonds,  give  deeds  with  defeazances,  in  manner  and  form 
as  hereafter  in  this  act  shall  be  directed. 

Further,  The  southern  town,  bounded  westerly  on  said 
river,  shall  in  like  manner  be  vendued  and  sold  at  the  court 
house  in  Windham,  on  the  first  Tuesday  of  March  next,  at 
one  of  the  clock  afternoon,  and  continued  by  adjournment, 
as  aforesaid,  till  the  whole  be  sold ;  and  that  the  same  bo  set 
up  at  fifty  pounds  per  right ;  and  that  Timothy  Pierce,  Esq^, 
[833]  Messrs.  Ebenezer  West  and  Jonathan  Huntington,  or  || 
any  two  of  them,  are  appointed  a  committee  to  sell  the  rights, 
take  bonds,  give  deeds  with  defeazances,  in  manner  and  form 
as  hereafter  in  this  act  shall  be  directed. 

Further,  The  northwest  township,  on  the  west  side  of  tlie 
said  river,  shall  be  vendued  and  sold  at  the  court  house  in 
Hartford  on  the  third  Wednesday  in  May  next,  at  one  of  the 
clock  afternoon,  and  so  to  continue  in  like  manner  as  al)ove- 
said  ;  and  that  the  same  be  set  up  at  thirty  pounds  per  right ; 
and  tiiat  the  aforesaid  committee  for  the  county  of  Hartford, 
or  any  two  of  them,  do  direct  and  manage  the  sale  and  dispo- 
sition thereof,  as  of  the  other  township  abovementioned  for 
the  said  county. 

Further,  That  the  southwest  townslnp,  on  the  west  side  of 
said  river,  shall  be  vendued  and  sold  at  the  court  house  in 
New  Haven  on  the  third  Wednesday  in  October  next,  at  one  of 


1737.]  OF      CONNECTICUT.  137 

the  clock  afternoon,  and  so  to  continue  in  like  manner  as  above- 
said  ;  and  that  the  same  t)e  set  up  at  thirty  pounds  per  right; 
and  that  the  aforesaid  committee  fortiie  county  of  N"ev7  Haven, 
or  any  two  of  them,  do  direct  and  manage  the  sale  and  dispo- 
sition thereof,  as  of  the  other  township  abovementioned  for 
the  said  county. 

And  it  is  further  enacted  hy  the  authoriti/  aforesaid^  That 
the  several  committees  appointed  for  the  sale  of  the  said  town- 
ships in  the  respective  counties,  are  hereby  authorized  and 
fully  impowered,  in  the  name  of  the  Governour  and  Com- 
pany, to  execute  deeds  of  conveyance  of  the  several  rights  or 
parcels  of  land  aforesaid  to  the  highest  bidders,  qualified  as 
aforesaid,  with  conditions  to  each  deed  annexed,  that  if  the 
purchaser  do,  by  himself  or  his  agent,  enter  on  the  said  land 
within  two  years  next  after  the  purchase  of  the  right,  and  do 
build  and  finish  an  house  thereon  not  less  than  eighteen  feet 
square,  seven  feet  stud,  and  do  fence  and  clear  six  acres  of 
land,  and  do  continue  thereon  for  the  space  of  three  succes- 
sive years  commencing  after  the  two  years  aforesaid,  (unless 
prevented  by  death  or  inevitable  providence,)  then  the  said 
deed  to  remain  in  full  force  and  virtue :  but  on  default  or 
neglect  in  either  or  all  of  the  said  articles,  the  same  shall  be 
void  and  of  none  effect.  And  the  several  committees  in  the 
respective  counties  aforesaid  shall  take  bond  obligatory  in 
double  the  sum  for  which  each  right  shall  be  respectively 
sold,  on  each  respective  purchaser  to  whom  the  same  shall  be 
sold,  together  with  one  good  surety  with  him,  -payalile  to  the 
Treasurer  of  this  Colony  for  the  time  being,  for  the  use  of 
the  Grovernour  and  Company  of  said  Colony,  within  two  years 
after  the  purchase  of  such  right. 

An  Act  in  Alteration  of  and  Addition  to  an  Act  en- 
tituled  An  Act  for  the  Suppressing  and  Punishing 
Rogues,  Vagabonds,  Common  Beggars  and  other 
lewd,  idle,  dissolute  and  disorderly  Persons,  and 
for  setting  them  to  Work. 

Be  it  enacted  hy  the  Deputy  Crovernour,  Council  and  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  That,  for  the  better  ordering  the  House  of  Correc- 
tion at  Hartford,  there  shall  be  appointed  by  this  Assembly 
two  meet  persons  overseers  of  said  house,  who  shall  take  an 
oath  before  the  county  court  at  Hartford  for  a  faithful  dis- 
[334]  charge  of  their  trust ;  which  overseers  shall,  from  || 
time  to  time,  provide  materials,  tools,  and  suitable  bedding, 
for  the  keeping  and  imploying  the  prisoners  that  shall  be  there 
committed,  and  also  make  a  yard  on  the  back  side  or  at  the  end 
of  said  house,  suitable  for  such  prisoners  to  work  in,  and  suf- 
ficient to  keep  them  from  running  away.  And,  in  order  to 
18 


138  PUBLIC      RECORDS  [Oct. 

enable  them  thereunto,  the  Governour  and  Council  are  de- 
sired and  impowered  to  draw  oiit  of  the  publick  treasury  such 
sums  as  shall  be  needful,  not  exceeding  the  sum  of  five  hun- 
dred pounds,  and  deliver  the  same  to  the  overseers  to  be  by 
them  laid  out  as  aforesaid ;  and  the  said  overseers  are  hereby 
ordered,  carefully  to  observe  and  see  that  the  master  of  said 
house  keepetb  good  order,  the  prisoners  under  due  correction 
and  hard  to  labour  as  the  law  directs  ;  and  also  to  see  that  no 
embezzlement  or  misimprovement  be  made  of  the  stores,  bed- 
ding, &c.,  or  earnings  of  the  prisoners  ;  and  to  dispose  of  the 
effects  of  the  stores  and  the  earnings  of  the  prisoners  that  are 
over  and  above  the  charge  of  their  support,  for  the  procuring 
further  stores  or  paying  the  master's  salary,  or  they  may 
order  the  master  to  dispose  of  them  to  the  ends  aforesaid, 
rendering  bis  account  for  them  to  said  overseers.  And  the 
said  overseers  are  hereby  impowered  to  call  the  said  master 
to  his  account,  on  oath,  once  in  three  months,  for  the  stores, 
earnings  of  the  prisoners,  and  other  things  committed  to  his 
trust ;  and  if  they  find  the  master  unfaithful,  they  are  to  com- 
plain of  him  to  the  county  court  at  Hartford  ;  and  if,  upon 
hearing  the  cause,  the  court  shall  find  him  guilty,  they  shall 
amerce  him  according  to  his  offence,  or  displace  him. 

And  be  it  further  enacted  and  provided  b^/  the  authority  afore- 
said^ That  when  the  earnings  of  any  prisoner  shall  not  answer 
the  charge  of  his  sickness  and  support  in  said  house,  the  over- 
plus shall  be  borne  by  such  prisoner,  his  parents,  master,  or 
the  town  to  which  he  belongeth,  as  the  law  directs. 

And  it  is  further  provided^  Tb at  when  any  idle  and  disor- 
derly persons  are  committed  to  said  house,  tbey  shall  not  be 
released  therefrom  without  special  order  from  the  overseers. 

And  it  is  further  enacted  by  the  authority  aforesaid,  That  if 
the  master  of  said  house  shall  wilfully  or  negligently  suffer 
any  of  his  prisoners  to  escape,  he  shall  by  fresh  suit  or  hue 
and  cry  recover  them  back  again,  at  his  own  cost,  or  be 
amerced  by  the  county  court  aforesaid  for  his  offence,  not  ex- 
ceeding ten  pounds,  to  be  deducted  out  of  his  salary.  And 
that  all  such  prisoners  as  shall  escape  and  be  brought  back 
again  by  any  lawful  means,  upon  his  re-entrance  into  said 
house,  shall  receive  ten  stripes  on  his  naked  body  ;  and  so 
every  Monday  morning  for  the  space  of  four  weeks  next  en- 
suing.. 

And  be  it  further  enacted  by  the  authority  aforesaid,  That  no 
person  lawfully  sentenced  to  be  sent  to  the  house  of  correc- 
tion shall  be  taken  out  of  the  custody  of  the  officer  conveying 
him  there,  or  out  of  the  house,  by  attachment,  or  any  writ  in 
civil   cases,  (excepting  a  writ  of  execution,)  nor  shall  such 


1737.]  OP      CONNECTICUT.  139 

prisoner  be  taken  out  of  the  custody  of  the  officer  or  house  of 
[335]  correction,  by  execution,  until  he  have  ||  received  the 
correction  of  said  house,  if  he  be  not  excused  from  such  cor- 
rection by  his  mittimus. 

It  is  further  resolved.  That  a  suitable  salary,  as  the  county 
or  inferiour  court  in  the  county  of  Hartford  shall  determine, 
shall  annually  be  allowed  to  the  master  of  said  house,  to  be 
paid  out  of  tiie  publick  treasury  or  the  earnings  of  the  pris- 
oners. 

Always  provided,  and  it  is  lierehy  provided^  That  this  act 
be  in  force  until  the  rising  of  this  Assembly  at  their  session 
in  October,  which  will  be  in  the  year  of  our  Lord  1741,  and 
no  longer. 

Upon  the  memorial  of  Mr.  James  Pierpont,  late  of  Boston, 
now  of  New  Haven  in  the  county  of  New  Haven,  praying  for 
liberty  to  build  a  cart  bridge  over  the  ferry  river  at  New  Ha- 
ven, with  liberty  to  take  toll  of  such  as  shall  pass  over  said 
bridge  : 

Be  it  enacted  hy  the  Deputy  Grovernour,  Oouncil  and  Kepre- 
sentatives,  in  General  Court  assembled,  and  hy  the  authority  of 
the  same.  That  if  the  inhabitants  proprietors  of  New  Haven 
shall  grant  to  the  said  James  Pierpont,  his  heirs  and  assigns 
forever,  a  suitable  quantity  of  the  fiats  that  are  now  common 
to  the  said  proprietors,  for  the  said  Pierpont,  to  encourage 
him  to  undertake  said  affair,  to  be  at  such  place  and  form  as 
said  proprietors  and  Pierpont  shall  agree  upon,  that  then  said 
Pierpont  is  hereby  allowed  to  build  and  continue  a  cart  bridge 
over  said  river  at  or  near  the  place  called  Dragon.  And  the 
said  Pierpont,  his  heirs  and  assigns,  shall  and  may,  from  time 
to  time  and  at  all  times  forever,  maintain  and  keep  in  repair 
said  bridge,  for  the  passage  of  all  his  Majesties  subjects,  they 
paying  the  toll  hereafter  mentioned,  (viz:)  For  each  single 
man,  three  pence  ;  for  each  man,  horse  and  load,  eight  pence  ; 
for  each  team  and  load,  sixteen  pence  ;  for  each  horse,  ox  or 
cow,  four  pence  ;  swine  and  sheep,  one  penny  per  head.  (Ex- 
cepting only  all  publick  officers  and  posts  on  publick  business, 
who  shall  all  pass  and  repass  over  said  bridge  without  paying 
or  allowing  any  toll.)  Which  toll  the  said  Pierpont.  his 
heirs  and  assigns,  shall  demand,  levy  and  receive  of  such  per- 
sons that  pass  over  said  bridge.  Always  provided,  that  the 
said  Pierpont,  his  heirs  and  assigns,  shall  none  of  them  build 
or  maintain  said  bridge  so  as  to  obstruct  or  hinder  the  pass- 
ing of  scows,  boats  laden  with  wood,  timber,  hay  or  other 
loading,  and  also  hulls  of  sloops  or  other  large  vessels,  up 
and  down  said  river :  but  the  said  bridge  shall  be  built  so 
high,  or  with  good  convenience  to  draw  up  the  same,  that  the 


140  PUBLIC      RECORDS  [Oct. 

said  river  may  be  freely  used  and  improved  for  scows,  boats 
and  bulls  of  vessels  as  aforesaid  ;  and  notbing  in  tbis  act  sball 
be  understood  to  tbe  contrary. 

An    Act    declaring    and    further    directing    how    the 

Colony  Treasurer  shall  proceed  in  Reference 

to  Taxes  granted  by  this  Assembly. 

Be  it  enacted  hy  the  Deiyuty  Governour,  Council  and  Repre- 
sentatives, in  General  Court  assembled,  andJby  the  authority  of 
the  same,  Tbat  tbe  Colony  Treasurer's  warrant,  directed  to 
tbe  constables  in  tbe  several  towns,  cbosen  to  collect  tbe  pub- 
lick  taxes  or  rates,  is  or  sball  be  sufficient  to  enable  tbe  said 
constables,  respectively,  to  collect  and  pay  in  all  sucli  rates 
to  tbe  said  Treasurer. 

[336]  And  it  is  \\  herely  declared,  Tbat  the  said  constables 
sball  proceed  accordingly. 

Be  it  further  enacted  hy  the  authority  aforesaid,  Tbat  wben 
tbis  Assembly  dotb  grant  any  rate  or  tax  to  be  levyed  upon 
tbe  inbabitants  of  tbis  Colony,  tbe  Treasurer  of  tbe  Colony, 
for  the  time  being,  (without  any  further  notice  to  him  given,) 
sball  send  forth  his  writ  in  bis  Majesties  name,  directed  to 
tbe  respective  constables  cbosen  as  aforesaid,  requiring  them 
to  levy  and  collect  such  rates  or  taxes,  and  pay  them  in  to  tbe 
said  Treasurer,  according  to  law.  And  if  any  such  constable 
shall  neglect  to  collect  and  pay  in  such  tax,  then  the  said 
Treasurer  sball  send  out  his  distress,  directed  to  any  of  the 
sheriffs  in  this  Colony,  requiring  them,  or  any  of  them,  to 
levy  such  tax  of  the  constable  so  neglecting ;  and  the  sheriff 
shall  forthwith  levy  the  same. 

Whereas  tbis  Assembly,  at  their  session  in  May  last,  ap- 
pointed Samuel  Lynde,  Esq^,  and  Mr.  John  Richards,  to 
reckon,  state  and  settle  accounts,  with  Mr.  Isaac  Ledyard  and 
Mrs.  Elizabeth  Ledyard  his  wife,  which  Elizabeth  is  executrix 
on  tbe  last  will  and  testament  of  Capt.  Richard  Christophers, 
late  naval  officer  in  the  port  of  New  London,  respecting  the 
several  sums  of  money  received  and  bonds  taken  hy  tbe  said 
Capt.  Richard  Christophers  in  his  aforesaid  capacity,  and  to 
receive  of  them  all  sums  of  money  and  bonds  in  the  hands  of 
said  executrix,  tbat  belong  to  this  government,  and  deliver 
tbe  money  to  the  Treasurer  of  this  Colony,  taking  bis  receipt, 
and  tbe  bonds  to  Mr.  Jeremiah  Miller,  the  present  naval 
officer,  taking  bis  receipt  for  tbe  same  ;  which  service  not 
being  performed :  Tbis  Assembly  do  now  appoint  Samuel 
Lynde,  Esq"",  and  Mr.  John  Griswould,  to  perform  the  service 
aforesaid,  and  make  report  of  their  doings  to  tbis  Assembly 
in  May  next. 


1737.]  OF      CONNECTICUT.  141 

An  Act  in  Addition  to  the  Laws  of  this  Colony  relating 
to  the  Militia. 
Be  it  PMacted  hy  the  Deputy  Gfovernour,  Council  and  Repre- 
se7itatives,  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  That,  for  the  futui-e,  the  fine  for  troopers  neglect  of 
trooping  on  such  day  as  shall  be  legally  for  tliat  end  ap- 
pointed, shall  be  twelve  shillings  per  diem:  and  for  foot 
soiikliers  neglect  of  training  on  such  days  as  for  that  end  shall 
be  legally  appointed,  shall  be  six  shillings  per  diem  ;  any  law, 
usage  or  custom  to  [the]  contrary  notwithstanding. 

On  the  report  of  Samuel  Lynde,  Esq"",  Messrs.  John  Rus- 
sell and  John  Lane,  who  were  appointed  a  committee  to  as- 
certain and  fix  a  place  for  building  a  meeting  house  upon  in 
the  parish  of  East  Guilford,  shewing  that  they  had  viewed 
and  heard  the  circumstances  of  said  East  Guilford  inhab- 
itants, and  that  they  judge  the  most  convenient  place  for  said 
society  to  erect  a  meeting  house  upon  is  on  the  green,  where 
the  old  meeting  house  now  stands,  about  midway  between 
[337]  II  the  said  old  meeting  house  and  Capt.  Janna  Meiggs's 
sabbath  house ;  the  south-east  corner  of  said  house  to  be  at 
a  stake  stuck  down  by  them :  Resolved  by  this  Assembly, 
that  the  place  abovementioned  for  the  society  of  East  Guil- 
ford to  erect  a  meeting  house  upon  is  fixed  and  determined 
according  to  the  report  of  said  committee  / 

On  the  petition  of  Daniel  Palmer,  jun^,  of  Stoningtown, 
sometime  called  of  Yoluntown,  vs.  John  Gallop  and  John  Dix- 
on, both  of  Voluntown,  and  the  rest  of  the  proprietors  of  the 
common  and  undivided  land  in  said  Voluntown,  praying  this 
Assembly  to  reverse  the  judgment  of  the  last  superiour  court 
held  at  Windham,  in  the  cause  between  the  said  parties,  and 
to  grant  to  the  petitioner  one  tryal  more  of  the  said,  case  at 
the  superiour  court  to  be  holden  at  Windham  in  March  next: 
Resolved  by  this  Assembly,  that  the  petitioner  shall  have  one 
tryal  more  of  his  said  case  at  the  superiour  court  in  March 
next,  and  that  the  future  cost  only  follow  the  final  judgment. 

Upon  the  petition  of  Capt.  Ichabod  Palmer,  of  Stoningtown, 
against  Stephen  Minor,  <fec.,  of  said  town:  This  Assembly  do 
reverse  the  judgment  of  the  late  superiour  court  at  New  Lon- 
don upon  the  writ  of  scire  facias,  and  the  said  judgment  is 
hereby  reversed.  And  to  the  end  that  said  Palmer  may  have 
an  opportunity  to  put  in  the  proper  plea  in  his  case,  and  the 
said  Minor,  &c.,  have  such  relief  as  the  law  will  give  them: 
This  Assembly  do  grant  liberty  unto  the  said  Minor,  &c.,  to 
have  another  tryal  of  their  action  brought  against  said  Palmer, 
&c.,  executors  on  the  last  will  of  Capt.  Saxton,  before  the  su- 


142  PUBLIC      RECORDS  [Oct. 

periour  court  to  be  holden  at  Norwich  in  March  next;  and  all 
the  charges  shall  follow  such  tryal. 

Upon  the  memorial  of  Esther  Hurlbnrt,  administratrix  on 
the  estate  of  Daniel  Hurlhurt,  late  of  Midletown,  deceas'd, 
shewing  to  this  Assembly  that  the  debts  due  from  the  estate 
of  said  deceas'd  do  surmount  the  goods  and  chattels  of  said 
deceas'd  the  sum  of  J; 243  lis.  Id.,  for  the  payment  of  which 
there  is  no  other  way  but  by  the  sale  of  some  of  the  said  de- 
ceas'd's  lands ;  thex'eupon  praying  this  Assembly  to  impower 
her,  or  some  other  meet  person,  to  sell  so  much  of  the  land 
belonging  to  said  deceas'd  as  will  procure  the  sum  of  X243 
17s.  Id.  as  aforesaid,  together  with  the  necessary  charges  aris- 
ing thereon,  &c. :  Whereupon  it  is  resolved  by  this  Assembly, 
that  the  said  administratrix,  with  the  assistance  of  Jabez 
Hamlin  of  Midletown,  Esq^,  be,  and  they  are  hereby,  appointed 
and  impowered  to  make  sale  of  so  much  of  the  real  estate  of 
the  said  deceas'd  as  will  procure  the  said  sum  of  <£243  17s. 
Id.  with  the  necessary  charges  arising  thereon,  taking  the  di- 
rection of  the  court  of  probates  in  the  county  of  Hartford 
therein,  and  to  make  and  execute  deed  or  deeds  accordingly. 

Upon  the  report  of  Messrs.  John  Thompson,  Samuel  Come- 
stock  and  John  Bartlett,  a  committee  appointed  by  this  As- 
sembly in  their  present  sessions  for  to  fix  and  ascertain  a  place 
for  the  erecting  a  meeting  house  on  in  the  west  society  in  Fair- 
field, shewing  to  this  Assembly  that  they  have,  agreeable  to 
[338]  their  instructions,  repaired  ||  to  said  society,  and  ascer- 
tained the  place  to  he  about  four  rods  and  five  feet  southwest- 
erly from  the  southwest  corner  of  the  school  house  in  said  so- 
ciety standing  on  the  west  side  of  Muddy  Creek,  so  called ; 
there  to  be  the  southeast  corner  of  said  house:  Resolved  by 
this  Assembly,  that  the  abovedescribed  place  shall  he  the  place 
for  said  society  to  erect  their  meeting  house  upon,  and  they 
are  hereby  ordered  and  directed  to  proceed  to  erect  and  build 
said  house  upon  the  same. 

Upon  the  memorial  of  Daniel  Messenger,  Zachariah  Sey- 
mour and  Anthony  liurskins,  in  behalf  of  themselves  and  the 
rest  of  the  inhabitants  of  the  plantation  called  Harwinton, 
shewing  to  this  Assembly  sundry  grievances  and  difficulties 
suffered  by  them  for  want  of  town  privileges,  and  praying  the 
.same  may  be  now  granted  unto  them  by  this  Assembly;  and 
also  praying  the  lands  within  the  bounds  of  said  plantation 
may  be  "taxed,  and  that  they  may  have  liberty  to  imbody  in 
church  estate:  Resolved  by  this  Assembly,  that  said  planta- 
tion be  a  town  incorporated,  and  knoAvn  by  the  name  of  Har- 
winton, and  vested  with  town  privileges  as  other  towns  in  this 


1737.]  OP      CONNECTICUT.  143 

Colony  established  by  law  are ;  and  that  a  tax  of  two  pence 
per  acre  shall  be  assessed  and  levyed  upon  all  the  lands  within 
the  bounds  of  said  town,  annually,  for  the  space  of  four  years 
next  after  the  session  of  the  General  Assembly  in  May  next, 
in  lieu  of  any  former  grant  or  tax ;  and  that  the  collector,  for 
the  time  being,  in  said  town  shall  annually  collect  said  tax, 
who  are  hereby  authorized  and  impowred  to  collect  the  same 
as  other  collectors  of  town  rates  by  law  are ;  and,  having  col- 
lected the  same,  said  collectors  are  to.deliver  the  same  to  such 
committee  or  committees  from  time  to  time  as  said  town  shall 
make  choice  of  for  that  purpose,  and  to  be  by  them  applied  and 
improved  for  the  support  of  the  gospel  ministry  and  building 
a  meeting  house  in  said  town.  And  it  is  also  further  resolved, 
that  said  inhabitants  have  liberty  to  imbody  themselves  into 
church  estate  and  settle  an  orthodox  minister  of  the  gospel  in 
said  town,  with  the  advice  and  consent  of  the  neighbouring 
churches.  And  it  is  further  by  this  Assembly  resolved,  that 
the  letter  A  shall  be  the  brand  for  horses  in  the  town  of  Har- 
winton. 

Upon  the  report  of  Messrs.  Thomas  Wells,  Roger  New- 
berry and  Timotliy  Stone,  a  committee  appointed  by  this  As- 
seml)ly,  in  their  sessions  in  May  last,  to  repair  to  the  inhabit- 
ants of  Farmingtown  and  Weathersfield  in  Newington  par- 
ish, and  hear  all  parties,  <fec.,  and  report  to  this  Assembly 
what  they  found  best  and  fittest  to  be  done,  &c.,  as  by  the  act 
of  this  Assembly  in  May  last  appears; — reporting  that  the 
highway  laid  out  in  Weathersfield  bounds  northeasterly  of  Eb- 
enezer  Smith's  dwelling  house,  from  the  highway  in  said  Farm- 
ingtown to  the  higli'way  leading  westerly  from  James  Francis's 
dwelling  house,  is  necessary  and  convenient:  but  the  other 
highway  laid  out  from  said  Farmingtown  bounds  east  in  Capt. 
[339]  John  ||  Chester's  lot,  is  needless  and  inconvenient,  and 
that  the  same  ought  to  be  set  aside,  and  that  the  said  iidiabit- 
ants  may  be  better  accommodated  with  highways  elsewhere ; 
and  proposed  that  an  highway  be  laid  out  in  said  Farmingtown 
bounds,  from  the  west  end  of  the  said  highway  leading  from 
the  said  Francis's  house  further  westerly  to  the  foot  of  a  hill 
on  the  south  side  of  the  place  where  an  old  house  stood,  and 
from  thence  up  said  hill,  partly  in  said  Francis's  land  and 
partly  in  Ebenezer  Kilbourn's  land,  until  it  comes  to  the  top 
of  said  hill,  and  to  lye  all  in  said  Kilbourn's  land,  and  from 
thence  further  west,  on  the  north  side  of  said  Kilbourn's  lot, 
until  it  comes  to  the  dugway  to  William  Smith's  land,  and 
then  further  west,  on  the  south  side  of  said  William  Smith's 
land,  until  it  opens  into  the  highway  where  the  said  William 
Smith  now  dwells;  this  highway  to  be  three  rods  in  breadth. 


144  PUBLIC      RECORDS  [Oct. 

And  that  there  be  also  another  highway  laid  out  in  said  Farm- 
ingtown  bounds,  from  the  north  end  of  the  highway  by  David 
Curtiss's  house,  further  northerly  uj3on  a  straight  line  as  near 
as  may  be  conveniently  laid  out,  until  it  intersects  the  afore- 
said highway  on  the  north  side  of  said  Ebenezer  Kilbourn's 
land  at  the  brow  of  the  hill  near  where  the  said  old  house 
stood,  and  to  be  two  rods  in  breadth  ; — being  suljmitted  to  this 
Assembly  for  their  acceptance  and  determination:  This  As- 
sembly do  approve  of  ai^d  accept  said  report,  and  thereupon 
order,  that  the  said  highway  in  Capt.  Cbester's  lot  be  set  aside, 
and  all  the  doings  of  the  Assembly,  county  court  and  jury,  in 
laying  out  said  highway,  assessing  damages,  granting  execu- 
tion, &c.,  so  far  as  they  relate  to  said  highway,  are  hereby  set 
aside  and  made  void.  And  it  is  further  ordered  and  enacted, 
that  the  highways  in  said  report  proposed  to  be  laid  out  in 
Farmingtown  be  accordingly  laid  out  by  order  of  the  county 
court  in  the  county  of  Hartford,  as  the  law  directs. 

Whereas  some  of  the  inhabitants  of  the  town  of  Norwalk 
made  their  application  to  this  Assembly  in  May  last  for  a  com- 
mittee to  view  the  circumstances  of  some  of  the  inhabitants 
in  said  town  together  with  some  of  the  inhai'itants  of  the  town 
of  Standford,  who  have  moved  to  be  united  and  formed  into 
one  distinct  ecclesiastical  society,  which  was  then  granted ; 
and  the  said  committee  having  made  report  at  this  time:  This 
Assembly  does  thereupon  grant  and  enact,  that  there  shall  be 
an  ecclesiastical  society  formed  within  the  following  limits, 
(viz:')  Bounded  south  on  the  sea,  and  then  bounded  easterly, 
from  the  salt  water  to  the  country  road,  by  the  brook  called 
Roatan  Brook,  and  from  thence  northward,  until  it  meet  with 
Canaan  south  line,  to  run  a  straight  line,  wliich  shall  pass  fifty 
rods  west  of  Samuel  Kellogg's  dwelling  house,  then  beginning 
at  an  old  chimney  standing  about  two  miles  and  an  half  east- 
ward of  Standford  meeting  house,  and  on  tlie  south  side  of 
the  country  road,  and  running  thence  south  to  the  salt  water, 
and  then  northerly  across  the  country  road,  excluding  John 
Webster's  dwelling  house,  and  then  running  northerly  a 
straight  line  until  it  meets  with  Canaan  south  line,  where  it 
crosses  Norroton  River ;  and  that  the  inhabitants  within  said 
limits  shall  be  invested  with  all  such  privileges  as  are  usually 
granted  to  other  ecclesiastical  societies  in  this  Colony;  and 
shall  be  called  and  known  by  the  name  of  Midlesex.* 

[340]  On  the  memorial  of  Samuel  Jacobs,  Daniel  Finch, 
Benjamni  Barns,  Isaac  Blakely,  Nathaniel  Hitchcock,  William 
Rogers,  Abel  Smith,  Joseph  Molthrop  and  Caleb  Hitchcock, 
inhabitants  in  New  Haven,  shewing  this  Assembly  that  they 

*  Now  the  town  of  Darien. 


1737.]  OP      CONNECTICUT.  145 

are  settled  within  the  bounds  of  the  parish  of  East  Haven,  on 
a  certain  tract  of  land  called  the  Half  Mile,  in  the  northeast 
corner  of  said  society  and  remote  from  the  publick  worship  of 
God  in  said  parish  ;  praying  this  Assembly  to  discharge  them 
from  the  said  East  Society  and  annex  them  unto  the  North 
Society  in  said  town,  so  as  to  include  the  said  memorialists 
and  no  other  inhabitants,  bounding  so  far  south  as  to  include 
Benjamin  Barns's  farm,  and  so  eastward  to  the  east  part  of 
said  half  mile,  between  Mr.  Mather's  and  Abraham  Heming- 
way's land,  and  so  north  to  Wallingford  town  line  between 
Brandford  and  said  half  mile,  including  all  the  lands  east  of 
said  north  society  within  said  bounds :  Resolved  by  this  As- 
sembly, that  the  said  memorialists  be  discharged  from  said 
East  Society,  and  annexed  to  the  said  North  Society  in  said 
New  Haven  ;  and  that  the  bounds  abovementioned,  including 
the  said  memorialists,  be  the  bounds  ])etween  the  said  east 
and  north  parishes  abovesaid. 

"Whereas  this  Assembly,  in  their  session  October  10th, 
1734,  did,  upon  the  prayer  of  Peter  Tyler,  Samuel  Harring- 
ton and  sundry  others  of  the  northerly  inhabitants  in  the 
north  parish  in  the  town  of  Brandford,  grant  liberty  to  the 
memorialists  to  improve  some  orthodox  minister  of  the  gospel 
to  preach  to  them  during  the  months  of  December,  January, 
February  and  March,  annually,  and  their  minister's  rate  du- 
ring said  term  should  be  abated  :  And  wliereas  sundry  other 
persons  have  lately  settled  in  the  vicinity  of  said  memorialists, 
and  now  address  this  Assembly  for  the  same  privileges,  &c., 
as  were  granted  to  the  inhabitants  praying  as  aforesaid:  Re- 
solved by  this  Assembly,  that  John  Baldwin,  Moses  Page, 
Jedadiah  Frisbie,  Phinehas  Pond,  Elnathan  Tyler,  Isaac  Ing- 
raham,  John  Page,  Daniel  Maltbie,  Samuel  Goodsell,  the 
present  memorialists,  shall  be  intituled  to  the  same  privileges, 
and  have  the  same  exemption,  as  was  granted  to  tiie  former 
memorialists,  and  for  the  same  space  of  time ;  and  that  all 
others  that  may  be  settled  among  said  memorialists,  so  as  to 
need  the  same  favour,  shall  take  benefit  by  this  grant. 

On  the  memorial  of  Thomas  Richards,  Nathaniel  Arnold, 
&c.,  in  behalf  of  the  rest  of  the  inhabitants  living  in  the 
northwest  quarter  of  the  bounds  of  Waterbury,  shewing  to 
this  Assembly  the  necessity  of  a  separate  and  distinct  society 
in  said  northwest  quarter ;  praying  this  Assembly  that  they 
would  send  a  committee  to  view  their  circumstances  in  the 
said  northwest  quarter  of  the  bounds  of  said  Waterb.ury, 
upon  the  costs  of  tbe  memorialists,  in  order  to  make  a  sep- 
arate society  there,  and  to  make  report  to  this  Assembly  in 

19 


146  PUBLIC      RECOEDS  [Oct. 

May  next:  Resolved  by  this  Assembly,  that  Capt.  John 
Riggs,  Capt.  Isaac  Dickerman  and  Mr.  John  Fowler,  be  ap- 
pointed a  committee  to  view  the  circumstances  of  the  nortli- 
[341]  west  II  quarter  of  said  town  of  Watcrbury,  and  make 
report  to  this  Assembly  in  May  next,  at  the  costs  of  the  me- 
morialists. 

On  the  memorial  of  Robert  Denison  of  New  London,  shew- 
ing administration  on  the  estate  of  Robert  Denison,  late  of 
New  London,  deceas'd,  was  granted  to  him,  and  that  on  a 
true  inventory  of  the  moveable  estate  that  could  be  found 
there  appeared  in  the  whole  £60  4s.  6d.,  and  tlie  debts  due 
from  said  estate  amounts  to  X545  4s.  lid.,  whereupon  there 
is  wanting  of  the  personal  estate  of  said  deceas'd,  to  satisfy 
the  said  debts,  the  sum  of  X485  Os.  6d.  :  Whereupon  this 
Assembly  granteth  to  the  said  Robert  Denison,  with  Mr.  Wil- 
liam Whiting  of  said  New  London,  full  power  and  authority, 
with  the  direction  of  the  court  of  probate  therein,  to  sell  and 
convey  so  much  of  the  lands  of  the  said  Robert  Denison, 
deceas'd,  as  will  procure  the  said  sum  of  X485  Os.  6d.  for  the 
payment  of  said  debts,  together  with  what  more  shall  be  need- 
ful for  satisfying  the  necessary  charges  arising  thereon. 

Upon  the  report  of  Messrs.  Benajah  Bushnell,  Simon  Lo- 
throp  and  Luke  Perkins,  who  were  a  committee  appointed  by 
this  Assembly,  at  their  session  in  May  last,  to  repair  to  the 
south  society  in  Preston,  to  affix  and  ascertain  the  place  for 
building  a  new  meeting-house  on,  shewing  to  this  Assembly 
that  the  spot  on  which  the  old  meeting-house  now  stands  in 
said  society  is  the  most  convenient  and  accommodable  place 
in  said  society  on  wliich  to  build  a  new  meeting-house,  which 
report  hath  been  read  and  approved :  And  it  is  thereupon 
resolved  by  this  Assembly,  that  the  spot  on  which  the  old 
meeting-house  now  stands  in  said  society  shall  be  the  place  on 
which  to  erect  a  new  meeting-house  for  said  society. 

Upon  the  memorial  of  Samuel  Bate,  James  Bate,  Stephen 
Smith,  jun'",  and  Daniel  Sniith,  all  of  Haddam  in  the  county 
of  Hartford  :  This  Assembly  do  order,  tliat  the  said  memo- 
rialists do,  annually,  give  in  to  the  listers  of  Durham  a  true 
list  of  their  respective  polls  and  rateable  estate  ;  and  that  the 
said  memorialists,  during  the  pleasure  of  this  Assembly,  be 
discharged,  and  they  are  hereby  discharged  from  paying  any 
parish  taxes  in  said  Haddam ;  and  that  they  pay  during  such 
term  all  parish  charges  in  Durham,  and  that  the  officers  in 
that  town  have  full  power  to  demand  and  collect  parish  taxes 
of  the  memorialists  accordingly. 

This  Assembly  grants  a  rate  of  one  penny  on  the  pound  on 


1737.]  OF      CONNECTICUT.  147 

all  the  polls  and  rateable  estate  in  this  government,  to  be  paid 
into  the  treasury  in  bills  of  credit  of  this  Colony  with  the 
usual  advance  of  twelve  pence  on  the  pound  ;  or  in  good  bills 
of  credit  of  four  signers  of  the  Massachusetts  Bay,  or  in  bills 
of  credit  of  New  York,  without  advance  upon  them;  or  in  sil- 
ver money  as  it  now  passeth  in  the  country. 

Whereas  the  town  of  Haddam  have  neglected  to  send  in  to 
this  Assembly  the  sum  total  of  tlieir  list,  well  vouched  accord- 
[342]  ing  to  law  :  ||  It  is  resolved  by  this  Assembly,  that  the 
said  town  of  Haddam  be  doomed,  and  they  are  hereby  doomed, 
in  the  sum  of  X8500,  to  pay  taxes  on  the  year  ensuing,  and 
to  receive  their  school  money  accordingly. 

Whereas  the  town  of  Canterbury  have  neglected  to  send  in 
their  list  to  this  Assembly,  well  vouched  according  to  law:  It 
is  resolved  by  this  Assemhl}^,  that  the  said  town  of  Canter- 
bury be  doomed,  and  they  are  hereby  doomed,  in  the  sum  of 
<£  10500,  to  pay  taxes  on  the  year  ensuing,  and  to  receive 
their  school  money  accordingly. 

On  the  memorial  of  the  town  and  proprietors  of  Preston, 
shewing  to  this  Assembly  that,  at  their  sessions  in  May  last, 
they  did  appoint  Mr.  Richard  Abbee,  Capt.  Thomas  Wells 
and  Capt.  John  Bulkley,  a  committee  to  repair  to  the  town  of 
Preston  and -make  enquiry  into  what  hath  been  done  relating 
to  the  line  between  the  towns  of  Preston  and  Voluntown,  and 
make  report  to  this  present  sessions  of  their  opinion  thereon; 
and  that,  by  the  providence  of  God,  Mr.  Richard  Abbee  was, 
sometime  in  July  last,  removed  by  deatli ;  whereupon  they  pray 
that  this  Assembly  would  appoint  some  other  person  in  the 
room  of  the  said  Abbee  to  joyn  with  those  other  two  gentle- 
men, to  repair  to  the  said  towns,  enquire  into  and  hear  the 
parties  relating  to  the  line  between  the  said  towns,  and  make 
report  of  the  same,  with  their  opinion  thereon,  to  this  Assem- 
bly in  May  next,  at  the  charge  of  the  petitioners:  Resolved 
by  this  Assembly,  that  Mr.  Samuel  Willard  be  appointed  in 
the  room  and  stead  of  the  said  Mr.  Richard  Abbee,  to  joyn 
with  the  said  Capt.  Thomas  Wells  and  Capt.  John  Bulkley, 
and  that  they  proceed  according  to  the  directions  given  by  the 
said  act  of  this  Assembly  in  May  last,  and  make  report  of 
the  same  with  their  opinion  thereon  to  this  Assembly  in  May 
next,  at  the  charge  of  said  petitioners. 

On  the  memorial  of  Timothy  Stone  of  Guilford,  praying 
this  Assembly  to  grant  and  order  that  the  memorialist  should 
be  discharged  from  the  fourth  society  in  said  Guilford  and  an- 
nexed to  tiie  first  society  in  said  town,  and  that  he  should  not 
be  liable  to  pay  any  taxes  that  have  or  shall  be  granted  by  the 


148  PUBLIC      RECORDS  [Oct. 

fourth  society  :  Resolved  by  this  Assembly,  that  the  said 
Timothy  Stone  is  discharged  from  said  fourth  society  and  is 
annexed  to  the  said  first  society,  and  that  he  is  not  liable  to 
pay  any  taxes  that  have  or  shall  be  granted  by  the  said  fourth 
society. 

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

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Can- 
dey  to  be  Captain  of  the  company  or  trainband  at  the  parish 
of  West  Haven  in  the  town  of  New  Haven,  and  order  that  he 
be  commissioned  accordingly. 

[343]  This  Assembly  do  establish  and  confirm  Mr.  Israel 
Bunnel  to  be  Lieutenant  of  the  company  or  trainband  at  the 
parish  of  West  Haven  in  the  town  of  New  Haven,  and  order 
that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Ebenezer  Car- 
ter to  be  Captain  of  the  company  or  trainband  in  the  parish 
'of  Canaan,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Ebenezer  See- 
ley  to  be  Lieutenant  of  the  company  or  trainband  at  Canaan 
parish,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas  Sey- 
mour to  be  Ensign  of  the  company  or  trainband  at  the  parish 
of  Canaan,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Benjamin  Gil- 
bert to  be  Lieutenant  of  the  company  or  trainband  in  the 
parish  of  Greenfield  in  the  town  of  Fairfield,  and  order  that 
he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Hick- 
cox  to  be  Captain  of  the  first  company  or  trainband  in  the 
town  of  Waterbury,  and  ordei^  that  he  be  commissioned  ac- 
cordingly. 

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

.  This  Assembly  do  establish  and  confirm  Mr.  Thomas  Rich- 
ards to  be  Ensign  of  the  first  company  or  trainband  in  the 
town  of  Waterbury,  and  order  that  he  be  commissioned  ac- 
cordingly. 

On  the  petition  of  John  Brown  of  Voluntown  vs.  Nathan 
Cheesbrough  of  Stoningtown,  &c.,  on  file:     The  question  was 


1737.]  OF      CONNECTICUT.  149 

put,  whether  the  prayer  of  the  same  should  be  granted,  and 
resolved  by  this  Assembly  in  the  negative.  Oost  allowed  the 
respondent  is  <£4  4s.  8d. 

On  the  petition  of  Thomas  Hill,  of  Fairfield,  vs.  Elizabeth 
Burr,  of  Cliarlestown  :  The  question  was  put,  whether  any- 
thing should  be  granted,  and  resolved  by  this  Assembly  in 
the  negative. 

Upon  the  petition  of  John  Brown  of  Voluntown  vs.  Nathan 
Cheesbrough  of  Stoningtown,  on  file:  The  question  was 
put,  whether  the  prayer  thereof  should  be  granted,  and 
resolved  by  this  Assembly  in  the  negative.  Cost  allowed 
respondent   is  £4  lis.  2d. 

On  the  petition  of  John  Thompson  &c.,  vs.  John  Curtiss 
&c.,  named  in  the  petition  on  file :  The  question  was  put, 
whethr^r  anything  prayed  for  by  the  petitioners  should  be 
granted,  and  resolved  by  this  Assembly  in  the  negative.  Cost 
allowed  the  respondents  is-  £b  6s.  lOc^.  Ex.  granted  December 
2M,  1738. 

On  the  petition  of  John  Bannister,  of  .Boston,  mercht,,  vs. 
Robert  Wheeler,  of  Stratford,  &c.,  named  in  the  petition  on 
file:  The  question  was  put,  whether  the  prayer  thereof 
should  be  granted,  and  resolved  by  this  Assembly  in  the 
negative. 

[344]  On  the  petition  of  James  Rogers  of  New  London 
vs.  Justus  Bush  of  Greenwich :  The  question  was  put,  whether 
the  prayer  thereof  should  be  granted,  and  resolved  by  this 
Assembly  in  the  negative.  Cost  allowed  respondent,  \l.  Os. 
lOd.     Ex.  granted  December  1st,  1740. 

On  the  petition  of  John  Boardman,  of  Preston,  vs.  .Samuel 
Coye  and  Lydia  his  wife :  The  question  was  put,  whether  the 
pleas  offered  in  abatement  of  the  same  were  sufficient,  and 
resolved  by  this  Assembly  in  the  affirmative.  Cost  alloived 
respondents  is  X4  18s.  2d.     Ex.  granted  December  29^/i,  1737. 

Upon  the  memorial  of  the  parish  of  Unity,  in  the  town 
of  Stratford,  shewing  to  this  Assembly  that  they  labonr  under 
great  difficulties  with  respect  to  the  support  or  upholdmg 
the  gospel  ministry  amongst  them,  &c.,  and  praying  this 
Assembly  to  contribute  to  the  support  or  upholding  the  gospel 
ministry  now  settled  amongst  them  :  This  Assembly  do  grant 
unto  the  inhabitants  of  the  said  parish  their  country  rate  or 
tax  for  the  term  of  five  years,  to  be  improved  for  the  support 
of  the  gospel  ministry  among  them;  and  that  the  constable 
of  Stratford,  annually  chosen  and  appointed  to  gather  the 
country  rate,  shall  annually  gather  the  same  of  the  inhabit- 
ants of  said  parish,  and  the  same  pay  to  the  committee  of 


150  PUBLIC      RECORDS  [Oct. 

said  parish  for  the  end  aforesaid,  whose  receipt  shall  be  suffi- 
cient so  far  to  discharge  the  said  constable  with  the  Treasurer 
of  this  Colony. 

Upon  the  memorial  of  some  of  the  proprietors  and  inhabit- 
ants of  the  town  of  New  Hartford,  praying  for  an  addition 
of  the  tax  of  five  shillings  upon  each  hundred  acres  of  land, 
granted  in  May  last,  as  in  said  memorial  is  set  forth  :  Resolved 
by  this  Assembly,  that  the  said  tax  of  five  shillings  be 
advanced  to  eight  shillings;  and  this  Assembly  doth  hereby 
grant  a  tax  of  eight  shillings  upon  each  hundred  acres  of 
land  in  said  town,  for  four  years  next  coming,  to  be  levyed 
and  collected  of  the  proprietors  thereof  by  such  collector  as 
the  inhabitants  of  said  town  shall  choose;  who  shall  have  the 
same  authority,  and  observe  the  same  directions  in  levying 
and  collecting  the  same,  as  is  by  law  given  to  other  collectors ; 
and  the  money  he  shall  so  collect,  he  shall  be  accountable  for, 
and  deliver  the  same  to  Nathaniel  Stanly,  Esq"",  and  Mr.  John 
Austin,  both  of  Hartford,  who  shall  receive  the  same  and 
improve  it  for  the  support  of  a  gospel  minister  in  said  town, 
according  to  their  best  discretion,  as  far  as  the  same  will 
answer  for  that  purpose. 

Upon  the  memorial  of  Samuel  Littlefield  and  Sibill  Little- 
field,  shewing  to  this  Assembly  that  the  moveable  estate  of 
Hezekiah  Wilcox,  late  of  Groton,  deceas'd,  is  not  sufficient 
for  the  payment  of  the  just  debts  due  from  said  estate,  but 
that  the  debts  surmount  the  moveable  estate  the  sum  of  one 
hundred  sixteen  pounds  one  shilling  and  eight  pence  half- 
penny, and  praying  liberty  to  sell  so  much  of  said  Willcox's 
real  estate  as  shall  be  sufficient  to  make  the  sum  of  £116  Is. 
[345]-. 8^c?.  with  the  necessary  charges  arising  thereon:  ||  Re- 
solved by  this  Assembly,  that  John  Walsworth  of  Groton  be 
hereby  impowered  to  sell  so  much  of  the  real  Estate  of  the 
said  Wilcox  as  shall  procure  the  sum  of  X116  Is.  8^d.,  with 
the  necessary  charges  of  the  sale,  taking  the  advice  of  the 
judge  of  the  court  of  probate  in  the  county  of  New  London. 

Upon  the  memorial  of  Stephen  Mallary,  praying  this 
Assembly  to  grant  him  liberty  to  set  up  a  ferry  over  Stratford 
river,  at  a  place  called  Oronoke :  This  Assembly  grant  free 
liberty  to  the  said  Stephen  Mallery,  to  set  up,  keep  and  main- 
tain a  ferry  at  the  place  abovesaid,  during  the  pleasure  of 
this  Assembly,  and  that  the  fare  thereof  shall  be  the  same 
that  is  stated  for  Stratford  ferry,  for  men,  horses,  &c. 

An  Act  in   Addition  to  a  Law  of  this  Colony  intituled 
An  Act  for  the  better  Preservation  and  Encrease 

of  Deer  in  this  Colony. 
Be  it  enacted  hy  the  Deputy   Grovernour,  Council  and  Repre- 

se7itatives,  in  General  Court  assembled,  and  by  the  authority  of 


1737.]  OF      CONNECTICUT.  151 

the  same,  That  when  aii}^  person  or  persons  shall  be  convicted 
of  killing  any  bnck,  doe,  or  fawn,  contrary  to  said  act,  shall 
pay  and  forfeit  for  every  such  offence  the  sum  of  five  pounds; 
the  one  moiety  to  the  person  or  persons  as  shall  prosecute 
the  same  to  effect,  the  other  moiety  to  the  treasury  of  the 
town  in  which  the  conviction  is  made.  And  if  any  person  or 
persons  so  convicted  shall  be  unable  to  satisfy  such  judg- 
ment, such  ofiender  shall  be  by  the  assistant  or  justice  of 
the  peace,  before  whom  the  offender  is  convicted,  put  to 
service  to  the  complainer,  or  other  person,  for  the  space  of 
fifty  days,  for  defraying  the  same. 

And  be  it  further  enacted  by  the  authority  aforesaid,  That  any 
one  assistant  or  justice  of  the  peace  shall  hear  and  determine 
any  offences  committed  against  this  or  any  other  law  of  this 
Colony,  made  to  prevent  the  killing  of  deer. 

An  Act  for  Perambulating  the  Dividing  Line  between 
this  Colony  and  the  Colony  of  Rhode  Island. 

This  Assembly  do  appoint  and  impower  Roger  Wolcott  and 
James  Wadsworth,  Esq''%  and  Mr.  Humphrey  Avery,  or  any 
two  of  them,  to  be  Commissioners  on  the  behalf  of  this 
Colony  to  joyn  with  Commissioners  that  are  or  shall  be 
appointed  by  the  General  Assembly  of  the  Colony  of  Rhode 
Island,  to  perambulate  the  dividend  boundary  line  between 
said  Colonies,  and  to  renew  monuments  in  the  line,  and  to 
make  report  thereof  to  this  Assembly  at  their  next  sessions 
after  said  service  shall  be  performed.  And  his  Honour  the 
Governour  is  desired  to  send  a  copy  of  this  act  to  the  Gov- 
ernour  of  Rhode  Island. 

Upon  the  memorial  of  the  inhabitants  of  the  society  called 
New  Concord,  in  the  town  of  Norwich,  shewing  to  this  Assem- 
bly that  by  their  vote,  wherein  were  more  than  two  thirds  of 
the  lawful  voters,  they  have  agreed  that  it  is  necessary  to 
build  an  house  for  the  publick  worship  of  God  in  said  society, 
and  praying  for  liberty  to  lay  a  tax  on  all  unimproved  lands, 
lying  in  farms  of  fifty  acres  and  upwards,  in  said  parish, 
[346]  II  of  two  pence  per  acre  for  the  space  of  four  years 
next  coming,  &c. :  Granted  by  this  Assembly,  that  Messrs. 
Experience  Porter,  Jonathan  Trumble  and  Gershom  Clark,  be 
a  committee  to  repair  to  said  society  and  hear  the  people,  and 
ascertain  and  fix  a  place  for  erecting  their  meeting  house  upon, 
and  to  make  report  to  this  Assembly  in  May  next.  And  the 
inhabitants  in  said  society  are  hereby  allowed  and  impowred 
to  lay  a  tax  of  two  pence  per  acre  on  all  the  unimjH'oved  lands 
of  non-resident  proprietors  in  said  society,  lying  in  iarms  of 
fifty  acres  and  upwards,  for  the  space  of  four  years  next; 
exclusive  of  the  lands  of  such  persons  in  said  society  as  are 


152  PUBLIC      RECORDS  [Oct. 

dissenters  from  the  established  churches  in  this  Colony. 
Which  tax  shall  be  collected  by  the  collectors  that  may  be 
chosen  in  said  society,  and  paid  to  the  society  committee  from 
time  to  time,  to  be  improved  towards  building  their  meeting 
house. 

Upon  the  petition  of  John  Brush,  of  Greenwich,  vs.  John 
Lyon,  of  Rye  in  the  county  of  Westchester  in  the  Province 
of  New  York,  representing  that  a  certain  deed,  dated  Sep- 
tember 30th,  1734,  conveying  the  house  and  land  of  the  said 
Brush  to  the  said  Lyon,  put  into  the  hands  of  one  Bush  to 
lye  as  a  security  for  the  said  Lyon  in  case  the  said  Brush 
should  by  certain  arbitrators  by  them  agreed  upon  to  adjust 
all  accounts  and  dealings  between  them  and  for  the  obligation 
of  the  parties  to  abide  the  award  of  the  said  arbitrators,  notes 
of  the  hand  of  the  value  of  three  hundred  pounds  were 
mutually  given  by  each  of  the  parties  ;  and  if  the  said  Brush 
should  be  found  in  arrears  to  the  said  Lyon,  and  he  Unable  to 
pay  the  same,  that  the  said  deed  should  be  delivered  to  the 
said  Lyon  ;  and  that. great  wrong  and  injury  was  done  unto 
said  petitioner  by  the  unjust  award  of  the  said  arbitrators  and 
the  dehvering  up  the  said  deed,  whereby  his  whole  inherit- 
ance was  likely  to  be  unjustly  taken  from  him;  praying  this 
Assembly,  in  May  last,  that  commissioners  might  be  appointed 
to  enquire  into  the  whole  affair,  and  make  report  of  the  whole 
matter  to  this  Assembly;  who  were  accordingly  appointed 
and  fully  authorized  thereunto,  and  accordingly  have  enquired 
and  made  report  to  this  Assembly,  among  other  things,  that 
the  said  Lyon  was  truly  indebted  unto  the,  petitioner  in 
the  sum  of  X169  18s.  5d.  New  York  money,  and  <£163  5s. 
Qd.  New  England  money,  and  were  of  opinion  that  the  said 
deed  given  for  the  security  of  the  said  Lyon  was  unjustly 
delivered  up  to  said  Lyon,  and  ought  to  be  vacated  and  made 
void,  and  be  forbidden  forever  to  be  given  in  evidence  against 
the  petitioner  or  his  heirs  on  tryal  of  the  title  of  said  house 
and  land :  Whereupon  it  is  by  this  Court  ordered  and  decreed, 
that  the  said  deed  is  and  shall  be  void  and  of  none  effect  in 
the  law,  and  that  it  shall  not  be  admitted  in  any  court  in  this 
government,  nor  given  in  evidence  on  any  tryal  of  the  title 
for  said  house  and  land.  And  further,  that  the  said  petitioner 
[347]  shall  recover  of  the  petitionee  the  sum  of  sixty-six  || 
pounds  seventeen  shillings  and  one  penny,  the  cost  taxed  by 
the  commissioners,  and  the  cost  of  this  Assembly,  taxed  at 
£15  Qs.  Sd.,  and  that  execution  shall  be  granted  by  the 
Secretary  of  this  Court  for  the  same.  Ex.  granted  May  2d, 
1738. 

On  the  memorial  of  William  Whitney,  of  the  town  of  Nor- 


1737.]  OF      CONNECTICUT.  153 

wich,  shewin.o;  to  this  Assembly  that  he  hath  lately  erected  a 
bridge  over  Shoutucket  River,  near  tlie  lauding  place  in  said 
Norwich,  to  the  great  advantage  and  comfort  of  travellers 
that  are  obliged  to  pass  over  said  river,  and  that  in  doing  said 
work  he  hath  been  at  great  expence  and  cost,  occasioned 
partly  by  loss  of  his  timber,  &c.,  in  the  extraordinary  floods 
the  last  winter  season  ;  and  praying  this  Assembly  for  some 
relief  in  said  case :  Hesolved  and  granted  by  this  Assembly, 
that  the  said  William  Whitney  be  allowed,  and  he  is  hereby 
allowed  and  impowred,  to  demand  and  take  toll  of  all  persons 
that  shall  pass  and  repass  over  said  bridge,  excepting  such 
persons  as  may  have  occasion  to  pass  the  same  upon  the  pub- 
lick  services  of  this  Colony ;  and  that  the  fare  of  said  bridge 
shall  be,  for  man,  horse  and  load,  eight  pence,  and  for  single 
man,  or  for  an  horse  or  other  beast,  four  pence,  and  for  sheep 
or  swine,  one  penny  per  head  ;  which  fare  of  said  bridge  shall 
be  perpetual,  unless  the  town  of  Norwich,  or  others  that  are 
desirous  to  have  the  same  a  free  bridge,  shall,  within  the  space 
of  two  years  next  coming,  pay  to  said  Whitney  the  sum  of 
two  hundred  and  twenty  pounds  money,  being  what  he  hath 
disbursed  in  erecting  the  same,  that  tlien  the  passage  over 
said  bridge  shall  be  free  to  all  persons,  for  themselves  and 
creatures. 

On  the  memorial  of  Samuel  Emmons,  agent  for  the  parish 
of  Millington  in  the  town  of  East  Haddam,  shewing  to  this 
Assembly  that,  in  order  to  settle  and  su^3port  a  minister  and 
build  a  meeting  house,  their  taxes  run  very  high  and  render 
their  proceedings  very  difficult,  and  there  is  much  unimproved 
land'  lying  within  said  parish,  belonging  to  non-resident  pro- 
prietors as  well  as  to  many  among  themselves  ;  praying  a  re- 
lief by  a  tax  of  one  penny  an  acre  on  all  the  unimproved  land 
in  said  parish,  for  the  defraying  the  charges  therein  :  Resolved 
by  this  Assembly,  that  a  tax  of  one  penny  an  acre  shall  be 
assessed  and  levyed  upon  all  the  unimproved  lands  within  the 
said  parish,  annually,  for  the  space  of  four  years  next  after 
the  rising  of  this  Assembly,  and  that  the  collectors,  for  the 
time  being,  in  said  parish  shall  annually  collect  the  same,  who 
are  hereby  authorized  and  impowered  to  collect  the  same  as 
other  collectors  of  town  rates  by  law  are ;  and  having  collected 
the  same  shall  deliver  it  to  such  committee  or  committees, 
from  time  to  time,  as  the  said  parish  shall  make  choice  of  for 
that  purpose ;  to  be  by  them  applied  and  improved  for  the  sup- 
port of  the  gospel  ministry  and  building  a  meeting  house  in 
said  parish. 

Upon  the  memorial  of  Ebenezer  Beecher j  Jasper  Gunn,  and 
20 


154  PUBLIC      RECORDS  [Oct. 

the  rest  of  the  inhabitants  of  that  part  of  the  town  of  New 
[348]  Haven  called  Chestnut  Hill,  ||  representing  to  this  As- 
sembly their  numbers  and  circumstances,  &c.,  moving  that 
they,  together  with  certain  of  the  inhabitants  of  Milford  near 
situated  and  adjoyning  to  them,  might  become  together  a  dis- 
tinct and  separate  parish,  (fcc,  or  that  a  committee  may  be 
appointed  to  view  and  enquire,  and  report  what  is  best  to  be 
done  in  the  premises  to  this  Assembly  in  May  next,  as  per 
their  memorial  on  file  :  Resolved  by  this  Assembly,  that  Ed- 
mund Lewiss,  Esq'",  Messrs.  John  Thompson  and  Ephraim 
Curtiss,  all  of  Stratford  in  Fairfield  county,  be  a  committee  to 
the  purpose  abovesaid.  And  the  said  Edmund  Lewiss,  Esqf, 
and  Messrs.  Thompson  and  Curtiss,  are  hereby  directed,  on 
due  notice  first  given  to  all  parties  concerned,  to  repair  to 
and  within  the  said  parish  and  proper  enquiry  to  make  touch- 
ing the  circumstances  of  tlie  said  memorialists  and  all  matters 
in  their  said  memorial  mentioned,  or  thereunto  properly  re- 
lating, and  report  thereof  to  make  to  this  Assembly  in  May 
next ;  and  that  the  said  enquiry  be  at  the  proper  cost  and 
charge  of  the  memorialists. 

Upon  the  memorial  of  Barnabas  Baldwin,  Joel  Northrop, 
Stephen  Hind,  and  others,  to  the  number  of  fifteen,  living  on 
the  northerly  part  of  the  bounds  of  Milford  at  a  place  called 
Northrop's  Farms,  &c.,  praying  that  they  may  be  set  off  from 
Milford  and  be  joyned  to  their  neighbours  living  on  the  west- 
erly part  of  the  bounds  of  New  Haven,  and  that  they  all  might 
be  made  one  distinct  ecclesiastical  society :  Upon  considera- 
tion whereof,  this  Assembly  do  order  and  enact,  that  Edmund 
Lewiss,  Esq"",  Messrs.  John  Thompson  and  Ephraim  Curtiss, 
[be,]  and  they  are  hereby  appointed  a  committee  to  view  their 
circumstances,  hear  the  parties,  and  make  report  thereon  to 
the  Assembly  in  May  next. 

Granted  to  his  Honour  the  Deputy  Govern  our  the  sum  of 
ten  pounds  out  of  the  publick  treasury,  for  his  extraordinary 
service  in  the  session  of  this  Assembly. 

Granted  to  Mr.  Secretary  Wyllys  the  sum  of  ten  pounds  for 
his  salary  the  current  year. 

Granted  to  Mr.  Green,  the  printer,  the  sum  of  twenty-five 
pounds,  being  the  remaining  part  of  his  salary  the  current 
year. 

This  Assembly  do  appoint  Samuel  Eells,  Esq"",  Joseph  Whit- 
ing, Esq"",  Roger  Newton,  Esq^,  Capt.  Isaac  Dickerman,  Capt. 
Jonathan  Ailing.  Capt.  John  Russell,  Mr.  John  Fowler,  Mr. 
Robert  Treat,  Capt.  John  Riggs,  Capt.  Samuel  Bassett,  and 
Capt.  George  Phillips,  a  committee  to  hear  the  records  of  the 
acts  of  this  Assembly  read  off  and  compleated. 


1738.]  OP      CONNECTICUT.  155 

The  whole  record  of  the  several  acts,  grants  and  orders  of 
this  Assembly,  as  they  stand  entered  in  the  pages  of  this  book 
next  preceding,  were  read  in  the  presence  of  the  committee 
abovenamed,  (except  Sam'  Eells,  Esq"",)  and  compleated. 

George  Wyllys,  Secrefy. 


[349]  Anno  Regni  Regis  Cieorgii  secundi  Magnce  Britannice, 
^c,  undecimo. 

Connecticutt   \ 
Colony.       \ 

At  a  General  Assembly  holden  at  Hartford  in  his  Majes- 
ties English  Colony  op  Connecticutt,  in  New  England  in 
America,  on  the  second  Thursday  op  May  (being  the 
11th  day  op  said  month,)  and  continued  by  several  ad- 
journments untill  the  31st  op  the  same,  Annoque  Domini 
1738.* 

Present : 
The  Honourable  Joseph  Talcott,  Esq^",  Governour. 
The  Honourable  Jonathan  Law,  Esq"",  Deputy  Governour. 

Samuel  Eells,  Timothy  Pierce, 

Roger  Wolcott,  John  Burr, 

Nathaniel  Stanly,  Samuel  Lynde, 

Joseph  Whiting,  Edmund  Lewiss, 

Ozias  Pitkin,  William  Pitkin, 

Roger  Newton, 

Representatives  or  Deputies  that  were  returned  to  attend  at  this 
Assembly  are  as  foUoiv,  (viz  :) 

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

Capt.  Daniel  Coit,  Mr.  Joshua  Raymond,  for  New  London. 

Capt.  Jabez  Huntington,  Mr.  Isaac  Burnapp,  for  Windham. 

Mr.  Joseph  Blackleach,  Mr.  Theophilus  Nichols,  for  Stratford. 

Mr.  John  Humphrey,  Mr.  Sam'  Pettibone,  for  Symsbury. 

Capt.  Benjamin  Hall,  Capt.  Theophilus  Yale,  for  Wallingford. 

Capt.  Christopher  Avery,  Capt.  Ebenezer  Avery,  for  Groton. 

Capt.  John  Parry,  Mr.  Philip  Eastman,  for  Ashford. 

Mr.  Joseph  Leavinz,  Mr.  John  Clough,  for  Killingly. 

Major  John  Sabin,  Mr.  Ebenezer  Holbrook,  for  Pomfrett. 

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

Mr.  Elihu  Chauncey,  Mr.  Moses  Parsons,  for  Durham. 

Capt.  Isaac  Dickerman,  Capt.  Jonathan  Allyn,  for  New  Haven. 

Mr.  Ebenezer  Silliman,  Capt.  Andrew  Burr,  for  Fairfield. 

*The  Journal  of  the  Upper  House  is  not  found. 


156  PUBLIC    RECORDS  [May, 

Mr.  Hez^  Huntington,  Mr,  Joseph  Kingsbury,  for  Norwich. 

Capt.  James  Raynolds,  Capt.  Ebenezer  Meed,  for  Greenwich. 

Capt.  Nathan  Baldwin,  Mr.  John  Fowler,  for  Milford. 

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

Capt.  John  Bulkley,  Capt.  Nath'  Foot,  for  Colchester. 

Mr.  William  Marsh,  Mr.  Thomas  Stephens,  for  Plainfield. 

Mr.  Joseph  Palmer,  Mr.  Increase  Billings,  for  Stonington. 

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

Mr.  John  Benedict,  Mr.  Thos-.  Benedict,  for  Danbury. 

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

[350]   Capt.  James  Lockwood,  Mr.  John  Marvin,  for  Norwalk. 

Capt.  Joseph  Addams,  Mr.  Jabez  Fitch,  for  Canterbury. 

Capt.  Jonathan  Hoit,  Mr.  Jonathan  Maltbie,  for  Stanford. 

Mr.  Pelatiah  Leet,  Capt.  Samuel  Hill,  for  Guilford. 

Capt.  Samuel  Willard,  Mr.  Joshua  Bushnell,  for  Saybrook. 

Mr.  Nathaniel  Bostwick,  Capt.  Stephen  Noble,  for  New  Milford. 

Mr.  Ebenezer  West,  Mr.  Jonathan  Trumble,  for  Lebanon. 

Capt.  Samuel  Mather,  Mr.  Roger  Newberry,  for  Windsor. 

Capt.  George  Phillips,  Mr.  Jabez  Hamlin,  for  Midletown. 

Mr.  Stephen  Hopkins,  for  Waterbury. 

Mr.  Hezekiah  Brainerd,  for  Haddam.  , 

Mr.  Isaac  Spencer,  for  East  Haddam. 

Capt.  William  Preston,  Capt.  Andrew  Hinman,  for  Woodbury. 

Capt.  Joseph  Halley,  Mr.  John  Hart,  for  Farmington. 

Capt.  David  Buell,  Mr.  Joseph  Wilcox,  for  Killings  worth. 

Capt.  William  Gold,  Mr.  Jonathan  Russell,  for  Branford. 

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

Mr.  Joseph  Phelps,  Mr.  Samuel  Palmer,  for  Hebron. 

Col°  David  Goodrich,  Capt.  John  Chester,  for  Weathersfield. 

Mr.  Hezekiah  Parks,  Mr.  John  Cook,  for  Preston. 

Mr.  Ebenezer  Silliman,  Speaker  )  of  the  House  of  Repre- 

Mr.  Jonathan  Trumble,  Clerk*     j  sentatives. 

This  day  being  appointed  by  the  royal  charter  and  the  laws 

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

corporation,    {yiz-S)    Governour,   Deputy  Governour,  Assist- 
ants, Treasurer,  and  Secretary,  proclamation  was  made,  and 

the  freemen  proceeded  to  give  in  their  votes  to  persons  ap- 
pointed by  the  Governour,  Council  and  Representatives,  to 

receive,  sort  and  count  them ;  wliich  persons  were,  Roger  Wol- 

cott,  Esqr,  Nathaniel  Stanly,  Esq%  Joseph  Whiting,  Esq"",  Ozias 

Pitkin,  Esq'',  Timothy  Pierce,  Esq^,  John  Burr,  Esq"",  Samuel 

Lynde,  Esq"",  Edmund  Lewiss,  Esq'",   William  Pitkin,  Esq"", 

Messrs.  Joseph  Buckingham,  John  Chester,  Isaac  Dickerman, 

*  Saturday,  May  27th,  Upon  an  extraordinary  occasion,  Mr.  Jonathan  Trumble, 
Clerk  of  this  House,  was  dismist  from  his  services,  and  Samuel  WOku'd  was  chosen 
Clerk  and  sworn. — Journal  L.  H. 


1738.]  OP      CONNECTICUT.  157 

John  Fowler,  John  Lee,  John  Griswould,  Joseph  Blackleach, 
Jonathan  Hoit,  Jabez  Fitch,  and  Jonathan  Tiiimble.  And 
the  freemen's  votes  being  bro't  in,  sorted  and  counted, 

[351]  The  Honourable  Joseph  Talcott,  Esq"",  was  chosen 
Governour  of  this  Colony  for  the  year  ensuing,  and  the  Gov- 
ernour's  oath  and  oath  required  by  act  of  Parliament  relating 
to  trade  and  navigation,  were  administered  to  him  in  the 
presence  of  the  Assembly. 

The  Honourable  Jonathan  Law,  Esq'',  was  chosen  Deputy 
Governour  of  this  Colony  for  the  year  ensuing,  and  the  Deputy 
Governour's  oath  was  administered  to  him  accordingly. 

Samuel  Eells,  Esqr,  Roger  Wolcott,  Esq^,  James  Wadsworth 
Esqf,  Nathaniel  Stanly,  Esq"",  Joseph  Whiting,  Esq^,  Ozias 
Pitkin,  Esqr,  Timothy  fierce,  Esq"",  John  Burr,  Esq"",  Samuel 
Lynde,  Esq^",  Edmund  Lewiss,  Esq'',  William  Pitkin,  Esq"", 
Roger  Newton,  Esq"",  were  chosen  Assistants  for  the  year  en- 
suing ;  and  the  Assistant's  oath  was  administered  to  Samuel 
Eells,  Esq"",  Roger  Wolcott,  Esq'",  Nathaniel  Stanly,  Esq"^, 
Joseph  Whiting,  Esq^,  Ozias  Pitkin,  Esq"",  Timothy  Pierce, 
Esq!",  John  Burr,  Esq'',  Samuel  Lynde,  Esq^,  Edmund  Lewiss, 
Esqr,  William  Pitkin,  Esq'',  and  Roger  Newton,  Esq^,  accord- 
ingly. 

John  Whiting,  Esq'',  was  chosen  Treasurer  of  this  Colony  for 
the  year  ensuing,  and  had  the  Treasurer's  odth  administered 
to  him  accordingly. 

George  Wyllys  was  chosen  Secretary  of  this  Colony  for  the 
year  ensuing,  and  was  sworn  to  that  office  and  trust  in  the 
presence  of  the  Assembly. 

This  Assembly  do  appoint  the  Honourable  Jonathan  Law, 
Esqr,  to  be  Chief  Judge  of  the  Superiour  Courts  in  this  Colony 
the  year  ensuing. 

This  Assembly  do  appoint  Samuel  Eells,  Esq"",  Roger  Wol- 
cott, Esq"",  James  Wadsworth,  Esq"",  and  Joseph  Whiting, 
Esq'',  to  be  Judges  of  the  Superiour  Courts  in  this  Colony  the 
year  ensuing. 

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

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

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

This  Assembly  do  appoint  John  Burr,  Esq'',  to  be  Judge  of 


158  PUBLIC    RECORDS  [May, 

the  County  Courts  in  the  county  of  Fairfield  for  the  year 
ensuing. 

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

This  A-Ssembly  do  appoint  the  Honourable  Joseph  Talcott, 
Esq*",  to  be  Judge  of  the  Courts  of  Probates  in  the  county  of 
Hartford  for  the  year  ensuing. 

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

[352]  This  Assembly  do  appoint  John  Richards,  Esq"",  to 
be  Judge  of  the  Courts  of  Probates  in  the  district  of  New 
London  the  year  ensuing. 

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

This  Assembly  do  appoint  Timothy  Pierce,  Esq"",  to  be  Judge 
of  the  Court  of  Probate  in  the  county  of  Windham  for  the 
year  ensuing. 

This  Assembly  do  appoint  James  Hooker,  Esq"",  to  be  Judge 
of  the  Court  of  Probate  in  the  district  of  Guilford  for  the 
year  ensuing. 

This  Assembly  do  appoint  Joseph  Minor,  Esq"",  to  be  Judge 
of  the  Court  of  Probate  in  the  district  of  Woodbury  the  year 
ensuing. 

This  Assembly  do  appoint  Jonathan  Hoit,  Esq"",  to  be  Judge 
of  the  Court  of  Probate  in  the  district  of  Staudford  the  year 
ensuing. 

This  Assembly  do  appoint  Samuel  Mather,  David  Goodrich, 
William  Wads  worth,  John  Marsh  and  Thomas  Wells,  Esqi^^^ 
to  be  Justices  of  the  Peace  and  Quorum  in  and  for  the  county 
of  Hartford  the  year  ensuing. 

This  Assembly  do  appoint  John  Hooker,  Hezekiah  Wyllys, 
Thomas  Hart,  Henry  AUyn,  John  Chester,  Giles  Hall,  Jabez 
Hamlin,  Joseph  White,  Samuel  Olmstead,  John  Bulkley,  Na- 
thaniel Foot,  Israel  Newton,  Benjamin  Skinner,  Joseph  Phelps, 
John  Bissell,  Samuel  Chapman,  John  Humphrey,  John  Buel, 
Joseph  Bird,  Hezekiah  Brainerd,  and  Samuel  Griswould, 
Esqi's,  to  be  Justices  of  the  Peace  in  and  for  the  county  of 
Hartford  the  year  ensuing. 

Tliis  Assembly  do  appoint  Samuel  Bishop,  James  Hooker, 
John  Riggs,  John  Russell  and   Samuel   Hill,   Esq^s,  to  be 


1738.]  OP      CONNECTICUT.  169 

Justices  of  the  Peace  and  Quorum  in  and  for  the  county  of 
New  Haven  the  year  ensuing. 

This  Assembly  do  appoint  Theophilus  Yale,  Andrew  Ward, 
Janna  Meiggs,  Henry  Crane,  Samuel  Gun,  Samuel  Hall,  Ben- 
jamin Hall,  John  Bostwick,  Roger  Brownson,  Timothy  Hop- 
kins, Isaac  Dickerman,  John  Prout,  Thomas  Clark,  William 
Gold,  to  be  Justices  of  tlie  Peace  in  and  for  the  county  of  New 
Haven  for  the  year  ensuing. 

This  Assembly  do  appoint  Joseph  Backus,  John  Griswould, 
Joshua  Hempstead,  Hezekiah  Huntington,  and  ChristO])her 
Avery,  Esq^'s,  to  be  Justices  of  the  Peace  and  Quorum  in  and 
for  the  county  of  New  London  the  year  ensuing. 

This  Assembly  do  appoint  Abraham  Pierson,  David  Buel. 
John  Lane,  Nathaniel  Clark,  Joseph  Blague,  Richard  Lord, 
Thomas  Lee,  Samuel  Willard,'  Thomas  Prentiss,  Jeremiah 
Miller,  John  Richards,  John  Ledyard,  Humplirey  Avery,  Luke 
Perkins,  Daniel  Palmer,  Theophilus  Baldwin,  Hezekiah 
Parkes,  John  Cook,  Jabez  Perkins,  Jabez  Hide,  Jedadiah 
Tracy,  Joshua  Raymond,  James  Avery,  Increase  Billings, 
Isaac  Huntmgton,  Esq""*,  to  be  Justices  of  the  Peace  in  and 
for  the  county  of  New  London  the  year  ensuing. 

This  Assembly  do  appoint  Joseph  Piatt,  Joseph  Minor,  An- 
drew Burr,  John  Thompson,  Jonathan  Hoit,  and  Ebenezer 
Silliman,  Esqfs,  to  be  Justices  of  the  Peace  and  Quorum  in 
and  for  the  county  of  Fairfield  for  the  year  ensuing. 

.  [853]  This  Assembly  do  appoint  Samuel  Couch,  John  Read, 
Ephraim  Curtiss,  Joseph  Blackleach,  Samuel  Handford,  Ben- 
jamin Heacock,  Jonathan  Maltbie,  Samuel  Hoit,  James  Rey- 
nolds, Ebenezer  Mead,  Nathaniel  Peck,  John  Grigory,  James 
Beebe,  William  Preston,  Noah  Hinman,  Tiiomas  Bennet, 
Thomas  Tousey,  James  Benedict,  Theophilus  Nickols,  James 
Lockwood,  Thomas  Benedict,  and  Ebenezer  Smith,  Esqi's,  to 
be  Justices  of  the  Peace  in  and  for  the  county  of  Fairfield  for 
the  year  ensuing. 

This  Assembly  do  appoint  Joseph  Addams,  Ebenezer  West, 
Jonathan  Huntington  and  Jonathan  Trumble,  Esq^'s,  to  be 
Justices  of  the  Peace  and  Quorum  in  and  for  the  county  of 
Windham  the  year  ensuing. 

This  Assembly  do  appoint  Joshua  Ripley,  Joseph  Strong, 
John  Woodward,  Joseph  Leavinz,  Peter  Buel,  Josiah  Conant, 
Leicester  Grosvenour,  Joseph  Cadey,  John  Crery,  Ebenezer 
Dow,  Ebenezer  Wales,  and  Thomas  Storrs,  Esq'^,  to  be  Jus- 
tices of  the  Peace  in  and  for  the  county  of  Windham  the  year 
ensuing. 

Ordered  ly  this  Assembly y  That  Samuel  Lyi\de,  Esq'',  and 


160  PUBLIC     RECORDS  [May, 

Capt.  David  Biiel,  return  the  thanks  of  this  Assembly  to  the 
Reverend  Mr.  Jared  Eliott,  for  his  sermon  delivered  before 
this  Assembly  on  tlie  11th  instant,  and  desire  a  copy  thereof, 
that  it  may  be  printed. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Mather 
to  be  Lieutenant  of  the  first  company  or  trainband  in  the 
town  of  Lyme,  and  ordered  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Benjamin  Peck 
to  be  Ensign  of  the  first  company  or  trainband  in  the  town  of 
Lyme,  and  order  tliat  he  be  commissioned  accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Hide 
to  be  Lieutenant  of  the  3d  company  or  trainband  in  the  town 
of  Norwich,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joshua  Ray- 
mond to  be  Lieutenant  of  the  third  company  or  trainband  in 
tlie  town  of  New  London,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Sabin 
to  be  Captain  of  the  7th  company  or  trainband  in  the  town  of 
Norwich,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jacob  Hide 
to  be  Lieutenant  of  the  7th  company  or  trainband  in  the 
town  of  Norwich,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  .Issembly  do  establish  and  confirm  Mr.  Timothy 
Ayers  to  be  Ensign  of  the  7th  company  or  trainband  in  the 
town  of  Norwich,  and  order  that  he  be  commissioned  accord- 
ingly. 

[351]  This  Assembly  do  establish  and  confirm  Mr.  John 
Brewster  to  be  Captain  of  the  first  company  or  trainband  in 
the  town  of  Preston,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Kil- 
1am  to  be  Ensign  of  the  first  company  or  trainband  in  the 
town  of  Preston,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Pelatiah  Mills 
to  be  Captain  of  the  company  or  trainband  in  the  parish  of 
Wintonbury,  and  order  that  he  be  commissioned  accordingly. 


1738.]  OP      CONNECTICUT,  161 

This  Assembly  do  establish  and  confirm  Mr.  John  Hub- 
bard to  be  Lieutenant  of  the  company  or  trainband  in  the 
parish  of  Wintonbury,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Loomiss 
to  be  Captain  of  the  south  company  or  trainband  on  the  east 
side  of  Connecticutt  river  in  the  town  of  Windsor,  and  order 
that  he  be  commissioned  accordingly. 

Tliis  Assembly  do  establish  and  confirm  Mr.  Roger  Wol- 
cott,  jun"",  to  be  Lieutenant  of  the  south  company  or  train- 
band on  the  east  side  of  Connecticutt  river  in  the  town  of 
Windsor,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas  Grant 
to  be  Ensign  of  the  south  company  or  trainband  on  the  east 
side  of  Connecticutt  river  in  the  town  of  Windsor,  and  order 
that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel 
Holcomb  to  be  Ensign  of  the  first  company  or  trainband  in 
the  town  of  Symsbury,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Elnathan  Peet 
to  be  Lieutenant  of  the  Troop  in  the  county  of  Fairfield,  and 
order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Brins- 
mead  to  be  Cornet  of  the  Troop  in  the  county  of  Fairfield, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  William  Pat- 
terson to  be  Quarter-Master  of  the  Troop  in  the  county  of 
Fairfield,  and  order  tliat  he  be  commissioned  accordingly. 

This  Assembly  do  establish  aiid  confirm  Mr.  Nathaniel 
Woodruff  to  be  Captain  of  the  first  company  or  trainband  in 
the  town  of  Litchfield,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Josiah  Walker 
to  be  Lieutenant  of  the  first  company  or  trainband  in  the 
town  of  Litchfield,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Ebenezer 
Marsh  to  be  Ensign  of  the  first  company  or  trainband  in  the 
town  of  Litchfield,  and  order  that  he  be  commissioned  ac- 
cordingly. 

[355]  This  Assembly  do  establish  and  confirm  Mr.  Samuel 
Rogers  to  be  Lieutenant  of  the  company  or  trainband  at  the 
21 


162  PUBLIC    RECORDS  [May, 

parish  of  Salem,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  George  Holmes 
to  be  Ensign  of  the  company  or  trainband  at  Salem  parish, 
and  order  that  he  be  commissioned  accordingly. 

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

Tliis  Assembly  do  establish  and  confirm  Mr.  Simon  Lothrop 
to  be  Captain  of  the  first  company  or  trainband  in  the  town 
of  Norwich,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Hezekiah 
Huntington  to  be  Lieutenant  of  the  first  company  or  train- 
band in  the  town  of  Norwich,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  William  01m- 
stead  to  be  Lieutenant  of  the  second  Troop  in  the  county  of 
Hartford,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Cham- 
berlain, juni",  to  be  Quarter-Master  of  the  second  Troop  in  the 
county  of  Hartford,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Bassett 
to  be  Quarter-Master  of  the  Troop  in  the  county  of  New  Ha- 
ven, and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathan  Chees- 
brough  to  be  Captain  of  the  first  company  or  trainband  in 
the  town  of  Stoningtown,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Ely  to 

be  Captain  of  the company  or  trainband  in  the  town 

of  Lyme,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Selden 

to  be  Lieutenant  of  the company  or  trainband  in  the 

town  of  Lyme,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  William  Ely 

to  be  Ensign  of  the company  or  trainband  in  the  town 

of  Lyme,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Sea- 
ward to  be  Ensign  of  the  second  company  or  trainband  in 
the  town  of  Guilford,  and  order  that  he  be  commissioned  ac- 
cordingly. 


1738.]  OP      CONNECTICUT.  163 

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

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

[856]  This  Assembly  do  establish  and  confirm  Mr.  Joseph 
Nickols  to  be  Captain  of  the  4th  company  or  trainband  in 
the  town  of  Stratford,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  William  Peet 
to  be  Lientenant  of  the  4th  company  or  trainband  in  the 
town  of  Stratford,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Josiah  Beach 
to  be  Ensign  of  the  4th  company  or  trainband  in  the  town  of 
Stratford,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Wil- 
lard  to  be  Captain  of  the  first  company  or  trainband  in  the 
town  of  Saybrook,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Bart- 
lett  to  be  Ensign  of  the  first  company  or  trainband  in  the 
town  of  Guilford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Ebenezer 
Warner  to  be  Captain  of  the  west  company  or  trainband  in 
the  town  of  Woodbury,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Baker, 
jun'",  to  be  Lieutenant  of  the  west  company  or  trainband  in 
tlie  town  of  Woodbury,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joshua  Hurl- 
burt  to  be  Ensign  of  the  west  company  or  trainband  in  the 
town  of  Woodbury,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Ebenezer  Mead 

to  be    Captain   of  the company  or  trainband  in  the 

town  of  Greenwich,  and  order  that  he  be  commissioned  ac- 
cordingly. 


164  PUBLIC    EECOEDS  [May, 

This  Assembly  do  establish  and  confirm  Mr.  Solomon  Close 

to  be  Lieutenant  of  the company  or  trainband  in  the 

town  of  Greenwich,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Fletcher  New- 
ton to  be  Ensign  of  the  first  company  or  trainband  in  tlie 
town  of  Milford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Thomp- 
son to  be  Ensign  of  the  company  or  trainband  at  the  parish 
of  West  Haven  in  the  town  of  New  Haven,  and  order  that 
he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Briggs 
to  be  Captain  of  the  company  or  trainband  at  the  parish  of 
Standwich,  and  order  that  he  be  commissioned  accordingly. 

[357]  This  Assembly  do  establish  and  confirm  Mr.  John 
Ferriss  to  be  Lieutenant  of  tlie  company  or  trainband  at  the 
parish  of  Standwich,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jonathan  New- 
man to  be  Ensign  of  the  company  or  trainband  in  the  parish 
of  Standwich,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establisb  and  confirm  Mr.  Benjamin 
Griswould,  junr,  to  be  Ensign  of  the  oth  company  or  train- 
band in  the  town  of  Windsor,  and  order  thatv  he  be  commis- 
sioned accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel  Tal- 
cott  to  be  Captain  of  the  first  company  or  trainband  in  the 
town  of  Glassenbury,  and  order  that  he  be  commissioned  ac- 
cordingly. 

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

Tliis  Assembly  do  establish  and  confirm  Mr.  Abner  Mose- 
ley  to  be  Ensign  of  the  first  company  or  trainband  in  the  town 
of  Glassenbury,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  George  Wyllys  to  be  Captain  of 


1738.]  OF       CONNECTICUT.  165 

the  second  company  or  trainl)and  in  the  town  of  Hartford, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Isaac  Lee  to 
be  Captain  of  the  fiftli  company  or  trainband  in  the  town  of 
Farmingtown,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jonath"  Lewiss 
to  he  Lieutenant  of  the  fifth  company  or  trainband  in  the 
town  of  Farmingtown,  and  order  that  he  be  commissioned 
accordingly. 

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

The  Commissioners  from  tlic  Province  of  New  York  and 
the  Colony  of  Rhoad  Island  intending  to  meet  at  Norwich  in 
this  Colony  on  the  21th  day  of  May  instant :  This  Assembly 
do  hereby  appoint  Andrew  Burr  and '  Theophilus  Nickols, 
Esqrs,  to  meet  the  Commissioners  from  New  York  at  the  bor- 
ders of  this  Colony,  and  congratulate  them,  in  the  name  of 
this  Assembly,  on  their  arrival  into  this  government,  and 
accompany  and  conduct  them  to  Norwich,  the  place  of  their 
[358]  congress.  ||  And  John  Richards,  Esq"",  and  Mr.  John 
Curtiss  are  appointed  to  meet  the  Commissioners  from  Rhoad 
Island  at  the  borders  of  this  Colony,  and  congratulate  them, 
in  the  name  of  this  Assembly,  on  their  arrival  into  tliis  Col- 
ony, and  to  accompany  and  conduct  them  to  Norwich,  the 
place  of  their  congress.  The  whole  expence  of  the  commis- 
sioners on  their  travel  in  this  government  to  Norwich  to  be 
borne  out  of  the  treasury.  And  the  Honourable  the  Gov- 
ernour  and  Council  are  desired  to  draw  out  of  the  publick 
treasury  such  sum  as  they  shall  think  needful,  to  defray  such 
charge. 

Tills  Assembly  do  appoint  and  fully  impower  the  Honour- 
able Jonathan  Law,  Esq'',  Roger  Wolcott,  Esq^,  John  Bulkley, 
Esqr,  Thomas  Fitch,  Esq"",  and  Mr.  Joseph  Fowler,  or  any 
three  of  them.  Agents  in  the  name  and  stead  of  the  Gover- 
nour  and  Company  of  tliis  Colony  of.  Connecticutt,  to  appear 
before  any  commissioners,  court  or  judge,  to  plead,  implead, 
prosecute  or  defend.^  in  any  matter  or  cause  wherein  this 
Colony  shall  or  may  be  concerned,  as  they,  or  their  council 
learned  in  the  law  shall  advise ;  with  full  power  to  substitute 
one  or  more  attorney  or  attorneys  under  them.  And  his 
Honour  the  Governour  is  desired  to  execute  and  deliver  to 
them  a  publick  instrument  of  procuration  accordingly.* 

*The  Lower  House  resolved  that  the  Assembly  on  the  20th  adjourn  to  meet  at 
Norwich  on  the  23d,  that  the  agents  of  the  Colony  before  the  commissioners'  court. 


166  PUBLIC    RECORDS  [May, 

Ordered  hy  this  Assembly,  That  the  Treasurer  of  this  Col- 
ony now  deliver  out  of  the  publick  treasury  unto  the  Agents 
appointed  by  this  Assembly  to  appear  in  behalf  of  the  Gov- 
ernour  and  Company  of  this  Colony  at  the  Commissioners' 
Court  to  be  holden  at  Norwich  on  the  24th  instant,  the  sum 
of  five  hundred  pounds,  for  the  service  of  this  government. 

This  Assembly  direct  John  Richards,  Esq"",  of  New  Loudon, 
with  his  best  discretion  and  prudence,  to  provide  Ben  Uncass, 
Sachem  of  the  Moheag  Indians,  cloathing  suitable  to  appear 
before  the  Hon^"'*^  Commissioners'  Court  to  be  holden  at  Nor- 
wich the  24th  instant,  at  the  cost  of  this  Colony. 
An  Act  for  the  Regulating  of  Pleas. 
Whereas  it  is  found  by  experience  that  admitting  demurrers 
to  the  declaration  to  be  made  in  any  case  after  issue  hath  been 
joyned  and  verdict  thereon  given,  tends  greatly  to  the  delay 
of  justice  and  enhancing  bills  of  cost: 

It  is  enacted  hy  the  Grovernour,  Council  and  Representatives, 
in  Creneral  Court  assembled,  aiid  by  the  authority  of  the  same, 
That  no  defendant  shall  in  the  tryal  of  any  cause  be  admitted 
to  demur  to  the  declaration  after  he  hath  pleaded  to  issue 
and  a  judgment  thereon  hath  been  given  by  any  court;  any 
law,  usage  or  custom  to  tlie  contrary  notwithstanding. 
An  Act  in  further  Addition   to  the  Acts   and   Laws  of 
this   Government  relating  to   Common   Fields   and 
Fences;  and   for  Repealing   an    Act  of  this  Govern- 
ment, intituled  An  Act  in  Addition  to  an  Act  concern- 
ing Common  Fields  and  Fences,  in  Page  377,  made 
at  New  Haven,  October,  1730, 

Wliereas  hitherto  no  provision  hath  been  made  in  the  law 
of  this  government,  directing  how  or  in  what  manner  non- 
I'csident  proprietors  of  common  fields  of  any  towns  in  this 
Colony  shall  become  obliged  to  maintain  and  keep  in  suflfi- 
[359]  cient  repair  their  part  or  ||  proportion  of  common  fence, 
whereby  many  difficulties  and  inconveniences  have  accrued : 
Which  to  prevent. 

Be  it  enacted  hy  the  Governour,  Council  mid  Rejjresentatives, 
in  General  Court  assembled,  and  hy  the  authority  of  the  same, 
That  the  non-resident  proprietors  of  any  common  field 
within  this  government  shall,  annually,  certify  to  the  clerk  of 
said  common  field,  under  his  or  their  hands,  whom  he  or 
they  have  appointed  and  impowered  to  be  his  or  their  agent 
or  agents,  to  act  in  his  or  their  behalf  in  all  affairs  respecting 
his  or  their  common  interest  therein ;  which  agent  or  agents 
shall  be  by  the  non-residents  first  bro't  to  the  clerk  and  certify 

might  the  more  readily  receive  the  instructions  of  the  Assembly.  The  Upper  House 
dissented.  A  committee  of  conference  was  appointed,  and,  after  a  further  consid- 
eration, the  Lower  House  still  resolved  by  a  majority  of  10,  that  it  was  best  to  ad- 
journ to  Norwich. 


1738.]  OF      CONNECTICUT.  167 

his  acceptance  to  be  agent  or  agents  in  behalf  of  said  non- 
residents, who  shall  become  obliged  to  do  all  duties  and 
attend  all  orders  of  said  proprietors,  as  fully  as  the  resident 
proprietors  by  law  are.  And  if  said  non-resident  proprietor 
or  proprietors  shall  neglect  or  refuse  to  constitute  his  or  their 
agent  or  agents  in  the  town  where  such  common  field  lyes, 
and  certify  the  same  as  aforesaid,  that  then  and  in  that  case  it 
shall  be  the  duty  of  the  respective  fence-viewers,  upon  view 
of  the  common  fence  and  finding  any  part  of  said  non-resi- 
dent proprietor's  fence  insufiicient,  to  notify  the  clerk  of  said 
field  of  the  insufficiency  thereof,  under  their  hands;  which 
notification  so  given  shall  be  deemed  legal  warning  to  the 
aforesaid  non-resident  proprietors  to  take  due  care  to  keep  in 
sufficient  repair  such  fence ;  and  on  failure  thereof  the  said 
fence-viewers  are  directed  to  attend  the  law  made  and  pro- 
vided in  case  of  resident  pi'oprietor's  neglect  or  default. 

Always  providing^  That  if  at  any  time  the  fence-viewers 
aforesaid  shall  repair  any  fence  belonging  to  non-residents  as 
aforesaid,  an  account  of  the  costs  thereof  rendered  to  and 
demand  made  of  the  clerk  abovesaid,  who  shall  make  entry 
thereof,,  which  shall  be  deemed  as  effectual  as  if  made  to 
such  non-resident  proprietor  or  proprietors. 

And  it  is  further  enacted  hy  the  authority  aforesaid^  That 
when  and  so  often  as  the  pro[)rietors  of  any  common  field  in 
this  government,  at  their  lawful  meetings,  agree  by  their 
major  vote,  computed  as  the  law  directs,  to  alter  or  new  lay 
their  common  fence,  the  committee  to  effect  the  same  shall 
cause  their  doings  to  be  entered  with  the  clerk  of  said  field. 
And  that  the  proprietors'  committee,  from  time  to  time  as 
occasion  requires,  shall  have  power,  and  are  hereby  impow- 
red,  when  and  so  often  as  any  person  or  persons  shall  pur- 
chase any  lands  within  such  common  field,  they  shall  set  out 
to  the  purchasers  their  proportion,  at  the  desire  and  charge 
of  the  grantor,  who  shall  maintain  said  fence  till  such  time 
as  he  procure  the  same  to  be  done,  and  cause  entry  thereof  to 
be  made  by  the  clerk  of  said  field. 

And  it  is  further  enacted  hy  the  authority  aforesaid,  That 
the  proprietors  of  each  and  every  of  the  common  fields  in 
this  government  shall  have  full  power,  and  are  hereby  author- 
ized and  impowred,  at  their  animal  meetings  on  the  first  Mon- 
day of  March,  or  such  other  time  as  they  shall  appoint,  to 
choose  their  own  fence-viewers  and  haywards  out  of  their 
own  numl^er  of  proprietors,  who  shall  be  sworn  to  a  faithful 
[360]  discharge  ||  of  the  duties  belonging  to  their  respective 
offices  ;  and  if  any  person  or  persons  shall  refuse  to  serve  as 


168  PUBLIC    RECORDS  [May, 

aforesaid,  he  or  they  shall  incur  the  same  penalty  as  is  by 
law  made  and  provided  in  case  of  town  officers  refusal. 

Be  it  further  enacted  hij  the  authority  aforesaid^  That  the 
clerk  of  each  common  field  in  this  government,  respectively, 
shall  be  allowed  for  all  entries  by  him  made  and  copies  giveu 
out,  as  by  law  is  allowed  to  town  clerks. 

And  it  is  further  enacted  hy  the  authority  aforesaid,  That 
the  act  entituled  An  Act  in  addition  to  the  act  concerning 
common  fields  and  fences,  in  page  377,  made  at  New  Haven, 
October,  1730,  be  repealed,  and  the  same  is  hereby  repealed 
and  made  void. 

An  Act  for  Reviving  and  further  Continuing  one  cer- 
tain Law  of  this  Colony  entituled  An  Act  to  ena- 
ble Creditors  to  recover  tlieir  just  Debts  out  of  the 
Estate  and  Effects  of  their  absent  or  absconding 
Debtors,  niade  in  the  12th  Year  of  tlie  Reign  of  his 
late  Majesty  George  the  1st.  And  also  for  Reviving 
the  last  Paragraph  of  the  Law,  entituled  An  Act 
in  Addition  to  the  said  Law,  made  at  New  Maven, 
October,  1726,  relating  to  the  Recording  the  Names 
of  tliose  that  appear  as  Attorneys  to  prosecute  any 
Action  in  the  Name  of  any  Person  not  being  an 
Inhabitant  of  this  Colony,  in  such  Courts  wiiere 
such  Attorneys  shall  appear. 

Whereas  the  said  law  was  to  continue  and  be  of  force  for 
five  years  and  no  longer,  which  time  is  now  expired,  and  the 
saidlaw  being  found  needful  for  the  benefit  of  his  Majesties 
subjects  in  this  Colony  in  general: 

it  is  therefore  enacted  hy  the  Grovernour^  Couyicil  and  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  autJiority  of 
the  same.  That  the  aforesaid  law  shall  be  revived,  and  the  same 
is  hereby  revived,  and  shall  remain  in  full  force,  in  all  the 
parts  and  paragraphs  tliereof,  until  this  Court  shall  order  oth- 
erwise ;  excepting  the  last  paragi-aph  in  said  law,  which  was 
repealed  by  this  Assembly  in  their  sessions  in  New  Haven  in 
October,  1726.  And  the  said  last  paragraph  in  the  law  made 
at  New  Haven,  October,  1726,  in  addition  as  aforesaid,  is 
also  hereby  revived,  and  shall  be  in  full  force  until  this  Court 
shall  order  otherwise. 

An  Act  for  the  Repealing  one  certain  Law  of  this  Col- 
ony niade  and  passed  by  this  Assembly  holden  at 
Hartford  the  12th  Day  of  May,  Anno  Doin.  1737,  en- 
tituled An  Act  for  the  further  Restraining  of  Appeals 
and  RevieNvs  in  some  Cases. 

Be  it  enacted  hy  the  Grovernour,  Council  and  Represeyitatives, 
in  G-eneral  Court  assembled,  and  by  the  authority  of  the  same. 
That  the  aforesaid  law,  with  every  clause  and  paragraph 
thereof,  be  repealed ;  and  the  same  is  hereby  repealed  and 
made  void. 


1738.]  OP      CONNECTICUT.  169 

An  Act  for  Regulating  and  Stating  the  Fees  for  Brand- 
ing of  Horses 
Beit  enacted  hy  the  G-overnour,  OoiDiail  and  Repi'esentatives, 
in  General  Court  assembled,  and  hy  the  authority  of  the  same. 
That  for  the  future  the  fee  for  branding  one  horse  or  horse-kind 
and  entering  the  same  on  record  shall  be  nine  pence  per  head, 
and  six  pence  for  each  copy  given  out  by  said  brander  of  any 
horse  or  horse-kind  entered  as  aforesaid,  and  four  pence  per 
mile  for  his  travel  from  his  own  house  tp  brand  any  horse  or 
liorse-kind ;  any  law,  usage  or  custom  to  the  contrary  notwith- 
standing. 

[361]  An  Act  appointing  and  impowering  sundry  Per- 
sons tliat  are  Purchasers  of  the  six  Townships  lying 
in  the  Western  Lands  (so  called)  that  have  been  sold 
by  Order  of  the  General  Assembly  at  their  Sessions 
in  October  last  to  meet  and  make  Partition  of  said 
Land  amongst  themselves. 

Be  it  enacted  hy  the  Q-overnour,  Council  and  Representatives, 
in  General  Court  assembled,  and  hy  the  authority  of  the  same. 
That  the  to,wnship  sold  at  Hartford  by  order  of  this  Assembly, 
upon  the  second  Tuesday  of  April  last,  shall  be  called  and 
known  by  the  name  of  Noi-folk ;  and  that  the  purchasers 
thereof  shall  have  liberty,  and  liberty  and  full  power  is  hereby 
granted  to  them,  to  assemble  themselves,  notice  being  first 
given  to  them  in  the  following  manner,  (viz:')  that  when  any 
five  of  them  shall  apply  themselves  to  any  assistant  or  justice 
of  the  peace  in  the  county  of  Hartford,  said  assistant  or  justice 
is  hereby  directed  and  impowered  to  grant  a  warrant  directed 
to  one  of  said  purchasers  that  shall  make  application,  com- 
manding him  to  give  notice  to  every  of  said  purcliasers  to 
meet  at  such  town  and  place  as  they  shall  appoint,  at  least  ten 
days  before  such  meeting :  and  said  purchasers  being  so  warned 
and  convened  shall  have  liberty,  and  are  hereby  fully  impowred, 
to  choose  their  clerk,  who  shall  take  the  following  oath,  (viz:) 
You  A.  B.  being  chosen  clerk  for  the  purchasers  of  the  town 
of  Norfolk,  do  swear  by  the  name  of  the  ever  living  God  that 
you  will  truly  and  faithfully  execute  the  office  of  clerk  for  said 
purchasers  according  to  your  best  skill.  You  shall  make  true 
entries  of  all  votes  and  orders  of  said  purchasers  made  accord- 
ing to  law,  as  also  of  all  grants,  deeds  of  sale  or  gift,  mort- 
gages and  alienations  of  lands  lying  in  said  town,  and  give 
true  copies  of  the  same  when  you  are  so  required,  taking  only 
your  just  fees:  So  help  you  God. 

And  it  is  further  enacted  and  declared,  That  all   and  every 
entry  and  record  made  by  said  clerk,  mentioned  in  said  oath, 
shall  be  as  effectual  as  the  record  of  such  deed,  &c.,  are  when 
entered  on  town  records  in  any  other  town  in  this  Colony. 
22 


170  PUBLIC     RECORDS  [May, 

And  he  it  further  enacted^  That  the  said  purchasers  of  Nor- 
folk be  impowered  by  their  major  vote,  to  be  computed  accord- 
ing to  their  interest,  to  make  partition  of  said  land,  and  to 
lay  out  the  three  publick  lots  in  said  township,  and  to  choose 
committees,  levy  taxes,  appoint  agents  and  collectors,  as  fully, 
to  all  intents  and  purposes,  as  the  proprietors  of  common  and 
undivided  lands  in  any  town  in  this  Colony  may  do.  And  all 
partitions  of  lands  made  according  to  their  interest  by  said 
purchasers  in  their  fewful  meetings,  by  their  major  vote  as 
aforesaid,  are  hereby  declared  valid  and  lawful.  And  the  said 
purchasers  at  their  meetings  are  impowered  to  adjourn  their 
meetings  to  such  time  and  place  as  they  shall  think  proper, 
and  to  call  after  meetings  in  such  manner  as  they  shall  order 
and  agree. 

Be  it  further  enacted.  That  the  township  sold  at  New  Haven 
by  order  of  the  Assembly,  on  the  first  Tuesday  of  December 
last,  is  hereby  named,  and  shall  forever  hereafter  be  called 
and  named,  Goshen.  And  that  the  township  sold  at  New 
London  by  order  of  the  Assembly,  on  the  first  Tuesday  of 
January  last,  is  hereby  named,  and  shall  forever  hereafter  be 
[862]  called  and  named,  Canaan.  ||  And  that  the  township 
sold  at  Fairfield  by  order  of  the  Assembly,  on  the  first  Tuesday 
of  February  last,  is  hereby  named,  and  shall  forever  hereafter 
be  called  and  named,  Cornwall.  And  that  the  township  sold 
at  Windham  by  order  of  the  Assembly,  on  the  first  Tuesday 
of  March  last,  is  hereby  named,  and  shall  forever  hereafter  be 
called  and  named,  Kent.  And  that  the  township  sold  at 
Hartford  by  order  of  the  Assembly,  on  the  third  Wednesday 
of  instant  May,  is  herel)y  named,  and  shall  forever  hereafter 
be  called  and  named,  Salisbury. 

And  he  it  further  enacted,  That  the  purchasers  of  the  five 
last  mentioned  townships,  viz:  Goshen,  Canaan,  Cornwall, 
Kent  and  Salisbury,  each  and  every  of  them,  are  hereby  fully 
impowered  to  call  a  meeting  and  choose  their  clerks,  commit- 
tees, agents  and  collectors,  grant  taxes  and  make  partition  of 
their  lands,  and  to  adjourn  their  meetings  and  call  after  meet- 
ings, as  is  in  this  act  provided  and  granted  to  the  purchasers 
of  Norfolk ;  and  also  to  lay  out  the  three  publick  lots  in  each 
of  said  townships. 

Be  it  further  enacted,  That  the  southermost  township  lying 
on  the  west  side  of  Ousatunnuck  river,  to  be  sold  at  New  Ha- 
ven on  the  third  Wednesday  of  October  next,  the  purchasers 
thereof,  after  such  purchase  made,  shall  have  the  same  power 
to  call  a  meeting,  choose  their  clerk,  committees,  agents  and 
collectors,  grant  taxes  and  make  partition  of  said  township, 
and  to  do  every  other  act  and  thing,  as  fully,  to  all  intents  and 


1738.]  OP      CONNECTICUT.  171 

purposes,  as  the  purchasers  of  the  aforesaid  sis  townships  have 
bj  this  act  to  them  granted. 

Provided  7ievertheles8,  Tliat  tins  act,  nor  anything  therein 
contained,  notwithstanding,  shall  make  any  estate  to  said  pur- 
chasers but  by  their  fully  complying  with  the  act  of  Assembly 
made  in  October  last,  directing  the  sale  of  said  townships. 

Be  it  further  enacted,  That  the  five  townships  lying  on  the 
east  side  of  Ousatunnuck  river,  namely  Goshen,  Canaan, 
Cornwall,  Kent  and  Norfolk,  shall  be  and  are  hereby  annexed 
to  the  county  of  Hartford. 

An  Act  for  the  Removing  and  Ejecting  those  Persons 
who  have  encroached  and  unjustly  entered  upon  that 
Part  of  the  Colony  Lands  lying  within  the  Township 
which  is  by  this  Assembly  caUed  and  named  Salis- 
bury. 

Whereas  the  abovesaid  township  was  by  the  act  of  this  As- 
sembly in  their  session  at  New  Haven  in  October  last  ordered 
to  be  sold  by  a  committee  in  said  act  named  and  appointed,  at 
time  and  place  and  manner  as  in  said  act  is  also  particularly 
provided,  and  according  to  such  order  and  direction  has  been 
tendered  to  sale,  and  bid  for  by  sundry  persons:  And  whereas 
sundry  persons  have,  without  right  of  their  own  or  leave  from 
the  Governour  and  Company  of  this  Colony,  unjustly  entered 
into  and  upon  several  parcels  of  land  lying  within  said  town- 
ship, and  the  same  still  unjustly  hold,  occupy  and  possess: 
This  Assembly  doth,  therefore,  order  and  appoint,  that  Mr. 
Daniel  Edwards,  of  New  Haven,  and  Mr.  Robert  Walker,  jun"", 
of  Stratford,  be  a  committee,  who  shall  be  and  are  hereby 
fully  authorized  and  impowred  to  repair  to  and  upon  said 
[S63]  lands,  and  in  the  ||  name  of  said  Governour  and  Com- 
pany to  take  and  receive  legal  deeds  of  quit-claim  of  and  from 
the  several  and  respective  persons  who  shall  be  found  to  have 
entered  upon  and  to  be  possessing  of  any  parcel  of  said  town- 
ship as  abovesaid,  of  any  or  all  the  lands  by  them  so  held  and 
possessed,  in  case  they,  or  any  of  them,  shall  be  induced  such 
to  execute ;  or  otherwise  the  said  Daniel  Edwards  and  Robert 
Walker  are  hereby  authorized  and  impowered  to  commence 
and  prosecute  any  suit  or  suits  in  the  law,  necessary  fol^  the 
ousting  the  said  wrongful  possessors,  to  final  judgment,  execu- 
tion thereon  to  levy,  and  full  seizin  and  possession  of  said 
lands  from  them  so  recovered  in  the  name  and  behalf  of  the 
said  Governour  and  Company  in  due  form  of  law  to  take  and 
receive.  And  further,  it  is  hereby  provided,  that  the  said 
committee  in  said  act  of  this  Assembly  in  October  last  named, 
shall,  and  they  the  said  committee  are  hereby  directed,  after 
they  have  been  duly  certified  of  the  removal  of  said  wrongful 
possessors  and  recovery  of  seizin  and  possession  by  the  said 


172  PUBLIC    EECORDS  [May, 

committee  in  this  act  for  that  purpose  especially  appointed, 
forthwith,  in  the  name  and  behalf  of  the  said  Governour  and 
Company,  to  execute  good  and  ample  deeds  of  release  and 
quit-claim  of  all  the  lands  within  said  township,  to  the  said 
bidders,  or  those  to  whom  the  said  bidders  have  or  shall  resign 
their  rights. 
An  Act  for  Stating   the   South  Line   in   that  Township 

in  the  Western  Lands  eonimonly  called  tlie  South 
To\A/-nship  lying  east  of  Ousatunnuck  River. 

Whereas  in  the  report  of  the  committee  by  this  Assembly 
appointed  to  survey  the  several  townships  in  said  western 
lands,  the  south  line  of  said  south  township  is  left  to  be  after- 
wards settled  and  stated  by  this  Assembly :  Therefore,  this 
Assembly  now.  grants,  that  the  south  line  of  said  township 
shall  be  at  the  north  line  of  Fairweather's  Purchase,  which 
lyes  above  New  Milford,  beginning  at  the  northwest  corner  of 
said  Fairweather's  Purchase  by  the  aforesaid  river,  and  thence 
running  east  so  far  as  said  purchase  extends,  and  from  thence 
a  straight  line  to  the  northwest  corner  of  Waramaug's  Re- 
serve, and  thence  east  by  said  reserve  to  Litchfield  west  line. 
And  Messrs.  Edmund  Lewiss,  Andrew  Burr  and  Thomas 
Knowles,  are  hereby  appointed  to  run  and  ascertain  the  said 
south  line,  first  duly  notifying  all  the  adjoyning  proprietors ; 
and  the  charge  thereof  to  be  defrayed  out  of  the  publick  treas- 
ury of  this  Colony. 

This  Assembly  do  appoint  Capt.  Nathaniel  Hooker  and  Mr. 
James  Church,  of  Hartford,  to  be  Overseers  of  the  House  of 
Correction  in  Hartford,  according  to  the  act  of  this  Assembly 
holden  at  New  Haven  in  October  last,  entituled  An  Act  in 
alteration  of  and  addition  to  an  act  entituled  an  act  for  sup- 
pressing and  punishing  rogues,  vagabonds,  common  beggars, 
and  other  lewd,  idle,  dissolute  and  disorderly  persons,  and  for 
setting  them  to  work.  Which  overseers  shall  annually  lay 
the  accounts  of  their  disbursements  of  the  money  by  them 
received  of  the  Governour  and  Council,  (as  is  provided  in 
said  act,)  before  the  comity  court  in  the  county  of  Hartford ; 
which  court,  upon  their  approbation  of  said  accounts,  shall 
order  to  the  said  overseers  a  meet  allowance  for  their  pains 
and  trouble  in  the  trust  aforesaid,  out  of  the  incomes  of  said 
house  of  correction  ;  and  if  no  such  incomes  arise,  or  not  suf- 
ficient therefor,  then  in  whole  or  in  part  out  of  the  publick 
treasury  of  this  Colony. 

[36-4]  This  Assembly  do  appoint  Capt.  Gideon  Cobb  of 
Canterbury  to  be  a  Surveyour  of  Lands  for  the  county  of 
Windham. 

This  Assembly,  upon  consideration  of  a  motion   made  by 


1738.]  OF      CONNECTICUT,  173 

Mr.  Joshua  Raymond  of  New  London,  that  certain  gentlemen 
who  were  appointed  by  this  Court  in  October,  1736,  to  enquire 
for  and  state  the  most  convenient  place  for  a  ferry  across  New 
London  river  near  Massapeage  and  to  report  to  the  next  As- 
sembly in  May  their  doings,  &c.,  may  now  be  authorized  and 
impowred  to  attend  the  said  service  and  make  report  of  their 
doings  thereon  to  this  Assembly  in  October  next,  which  they 
have  hitherto  failed  to  do, — hath  resolved,  that  Capt.  John 
Bulkley,  Mr.  Hez'>  Huntington  and  Capt.  Simon  Lotlirop,  at 
the  desire  and  charge  of  such  gentlemen  as  shall  see  cause  to 
call  them  forth,  be  a  committee  with  full  power  to  enquire 
after  the  most  suitable  place  for  a  ferry  across  New  London 
river  near  Massapeage,  and  to  fix  and  ascertain  the  same, 
having  first  notified  the  selectmen  of  the  towns  of  New  Lon- 
don and  Groton  ;  and  to  make  report  to  this  Court  of  their 
doings,  in  October  next. 

Ordered  by  this  Assembh/,  That  the  Treasurer  of  this  Col- 
ony pay  out  of  the  publick  treasury  unto  Samuel  Eells  and 
Joseph  Whiting,  Esq'%  and  Mr.  Isaac  Dickerman,  the  sum  of 
nineteen  pounds  and  fifteen  shillings  bills  of  credit,  for  ex- 
pence  of  time,  &c.,  for  selling  the  township  at -New  Haven, 
&c.,  which  is  the  whole  of  their  account  allowed  therefor. 

Ordered  hy  this  Assembly ,  That  the  Treasurer  of  this  Colony 
pay  out  of  the  publick  treasury  unto  Samuel  Lynde,  Esq^  Mr, 
John  Griswould  and  Mr.  John  Richards,  the  sum  of  twenty- 
two  pounds  and  thirteen  shillings  bills  of  credit,  for  expence 
of  time,  &c.,  for  selling  the  township  in  New  London,  which 
is  the  whole  of  their  account  allowed  therefor. 

This  Assembly  do  order  the  Treasurer  of  this  Colony  to 
pay  out  of  the  publick  treasury  unto  John  Burr,  Esq"",  Edmund 
Lewiss,  Esq"",  Mr.  Ebenezer  Silliman,  and  Mr.  Andrew  Burr, 
the  sum  of  nineteen  pounds  four  shillings  bills  of  credit,  for 
their  service  and  expence  in  selling  the  township  at  Fairfield, 
which  is  the  full  of  their  account  now  allowed  for  the  same. 

This  Assembly,  having  allowed  the  account  of  Timothy 
Pierce,  Esq"",  Mr.  Ebenezer  West  and  Mr.  Jonathan  Hunting- 
ton, committee,  for  their  time  and  expence  in  venduing  the 
township  at  the  court  house  in  Windham,  to  the  amount  of 
twenty-one  pounds  ten  shillings,  do  order  the  Treasurer  of 
this  Colony  to  pay  out  of  the  publick  treasury  to  the  said 
committee  the  sum  abovementioned,  in  full  for  the  same. 

This  Assembly  do  appoint  Ozias  Pitkin,  Esqf",  William  Pit- 
kin, Esq"",  Mr.  Joseph  Buckingham,  Capt.  John  Chester,  Capt. 
Thomas  Wells  and  Mr.  Roger  Newberry,  to  be  Auditors  to 
audit  the  Colony  accounts  with  the  Treasurer,  and  make  re- 
turn of  their  doings  to  this  Assembly  in  October  next. 


174  PUBLIC     RECORDS  [May, 

It  is  enacted  and  resolved  hy  this  Assembly,  That  the  several 
committees  appointed  by  the  General  Assembly  at  New  Haven 
in  October  last,  to  sell  the  seven  townships  in  the  western 
lands  of  this  government,  shall  deliver  all  the  bonds  by  them 
taken  for  the  payment  therefor  to  the  Treasurer  of  this  Col- 
ony, taking  his  receipt  for  the  same  ;  which  receipts  shall  be 
by  the  said  committee  delivered  to  the  Secretary  of  this 
Colony. 

[365]  Whereas  there  is  in  the  hands  of  the  Treasurer  a 
considerable  sum  in  bills  of  credit  received  by  him  for  the 
interest  of  the  loan  money: 

Resolved  hy  this  Assembly,  That  the  said  Treasurer  be,  and 
he  is  hereby,  authorized  and  impowred  to  issue  out  and  de- 
liver the  sum  of  four  thousand  pounds,  towards  payment  of 
the  debts  and  necessary  charges  of  this  Colony,  according  to 
such  orders  as  shall  be  given  him  from  time  to  time  according 
to  law. 
The  Additions  to   the    Lists  of   Estate  of  the  several 

Towns  in  this  Government  hereafter  mentioned, 
sent  in  to  this  Asseixibly,  are  as  follow,  (viz.) 


/Single  Additions. 

Fourfold  Assessments. 

£     s.d. 

£       s.  d. 

To  Say  brook, 

66     0  0 

-      234     2  0 

To  Midletown, 

299     0  0 

239  19  0 

To  Brandford, 

717     7  6 

. 

To  Hebron, 

406  11  0 

216     0  0 

To  Plainfield, 

91  18  0 

_ 

To  Pomfrett, 

271     0  0 

- 

To  Norwalk, 

303     8  0 

. 

To  Wallingford, 

121  18  0 

1117     2  0 

To  Danbury, 

20  14  0 

-       42  16  0 

To  Windsor, 

1048     4  9 

-        1177  16  6 

To  Mansfield, 

539  15  0 

_ 

To  Guilford, 

320  15  0 

571  15  0 

To  Windham, 

309     0  0 

96     0  0 

To  New  Milford, 

51  18  0 

30  11  0 

To  East  Haddam. 

-      214     0  0 

To  Stanford, 

'  463  11  6 

-      •    222     0  0 

To  Hartford, 

325  10  6 

784     6  0 

To  Groton, 

672     6  6 

- 

To  Weathersfield, 

,  349  19  0 

-      787     1  0 

To  Preston, 

413  12  0 

- 

To  Lebanon, 

540  17  0 

.     •    - 

To  Lyme, 

621     7  0 

431     0  0 

To  Ashford, 

62     0  0 

- 

To  Stratford, 

226  19  6 

- 

1738.]  OF      CONNECTICUT.       ■  175 

-     696     0  0 
14     0  0 


To  Fairfield, 

1010 

8  9 

To  Farmingtown 

,1431 

0  0 

To  Derby, 

218 

3  2 

To  Stouingtown, 

422 

1  6 

To  Milford, 

216 

15  9 

To  Woodburj, 

332 

16  0 

To  New  Haven, 

1646 

18  3 

To  Glasseiibury, 

156 

10  0 

To  Colchester, 

240 

3  0 

720  19  0 
152  16  0 


Upon  the  report  of  John  Edwards,  James  Church  and  Jo- 
seph Talcott,  junr,  a  committee  appointed  to  repair  to  the 
parish  of  Turky  Hills,  &c.,  at  the  sessions  of  this  Asseml)ly 
in  October  last,  and  to  affix  a  place  in  said  society  for  the  in- 
habitants of  said  parish  to  set  th^ir  meeting  house  upon  :  This 
Assembly  do  order  that  the  place  where  the  inhabitants  shall 
[366]  set  their  meeting  house  on  ||  shall  be  at  the  od,k  stad- 
dle  marked,  (mentioned  in  the  said  committee's  report,)  and 
that  staddle  to  be  the  north  bounds  of  the  place  hereby  affixed, 
it  being  in  or  against  Samuel  Clark's  land,  upon  the  highway 
whicli  runs  north  and  south  thro  the  said  parish,  and  between 
two  highways,  the  one  leading  from  the  west  or  the  Copper 
Hills  eastward  to  said  highway  by  Samuel  Clark's  house,  and 
the  other  leading  out  of  said  north  and  south  highway  still 
eastward  to  Windsor  by  the  house  of  Isaac  Owen. 

Upon  the  report  of  Experience  Porter,  Gershom  Clark  and 
Jonathan  Trumble,  a  committee  appointed  to  repair  to  the 
parish  of  New  Concord  in  Norwich,  at  the  sessions  of  this 
Assembly  in  October  last,  to  affix  a  place  in  said  society  for 
the  inhabitants  of  said  parish  to  build  their  meeting  house 
on  :  This  Assembly  do  order,  that  the  place  where  the  inhab- 
itants set  their  meeting  house  on  shall  be  at  the  stake  men- 
tioned in  the  said  committee's  report,  and  that  the  said  stake 
be  included  within  the  sills  of  the  meeting  house. 

Upon  the  memorial  of  Joseph  Whiting  and  others,  shew- 
ing to  this  Assembly,  that  they  have  in  their  custody  some 
considerable  sums  of  the  broken  but  true  bills  of  this  Colony, 
and  praying  that  the  Treasurer  of  this  Colony  may  be  ordered 
to  exchange  the  same  :  It  is  resolved  by  this  Assembly,  that 
the  said  Treasurer  do  exchange  the  several  sums  of  said 
broken  bills  that  shall  be  found  in  the  hands  of  the  memori- 
alists :  that  is  to  say, 


/.     s. 

d. 

/.     s. 

d. 

Joseph  Whiting, 

2  12 

6 

Increase  Billings, 

7  10 

0 

Nathan  Baldwin, 

8     2 

3 

Isaac  Spencer, 

1     5 

0 

William  Marsh, 

5     5 

0 

Jonth  Hoit, 

4     9 

4 

Joseph  Plumb, 

0  18 

9 

Pell.  Lect, 

5     5 

0 

176 

PUBLIC 

RECORDS 

l^ 

lay 

Willni  Pitkin, 

0     2 

6 

David  Goodrich, 

0  10 

0 

David  Field, 

5     0 

0 

Samuel  Talcott, 

8     0 

0 

Isaac  Dickerman, 

13     0 

0 

Thomas  Stephens 

1,1  10 

0 

Samuel  Willard, 

0    5 

0 

Elihu  Ohauncej, 

1     0 

0 

Joseph  Backus, 

15     0 

0 

Nathi  Stanly, 

1     0 

0 

Beiioni  Olcott, 

0     7 

6 

Hannah  Hall, 

1  10 

0 

Elihu  Hall, 

6  10 

0 

Joshua  Bushnell, 

0  10 

0 

Thos.  Benedict, 

1     3 

9 

Thomas  Storrs, 

0     8 

9 

Hezekiali  Brainei^ 

d,  0  17 

6 

Jos.  Fanisworth, 

20  10 

10 

Samuel  Lynde, 

0  15 

0 

Sami  Hill, 

10     0 

0 

John  Hall, 

5     0 

0 

Always  provided  the  said  memorialists  bring  in  their  several 
sums,  to  be  exchanged  as  aforesaid,  before  the  rising  of  this 
Assembly. 

Upon  the  memorial  of  the  Presbyterian  society  in  the  par- 
ish of  Reading  in  Fairfield  county,  setting  forth  to  this  As- 
sembly tlieir  low  circumstances,  and  praying  a  remission  of 
their  country  tax:  This  Assembly  do  grant  unto  the  said 
society  their  country  tax  for  the  space  of  four  years  next 
coming. 

Upon  the  memorial  of  Samuel  Gains,  administrator  on  the 
estate  of  Simon  Gains,  late  of  Glassenbury,  deceas'd,  shew- 
ing to  this  Assembly  that  the  debts  due  from  the  estate  of 
the  said  deceas'd  surmount  the  goods  and  chattels  of  the 
said  deceas'd  the  sum  of  X46  15s.  9d.,  and  there  being  no 
other  way  whereby  the  said  debts  can  be  paid  but  by  the 
sale  of  some  of  the  lands  of  the  said  deceas'd,  and  praying 
to  this  Assembly  that  he,  the  said  administrator,  may  be  im- 
[367]  powred  to  sell  so  much  of  the  lands  of  the  ||  said 
deceas'd  as  will  procure  the  said  sum  of  £46  15s.  2d.  with 
the  necessary  charges  arising  thereon  :  Resolved  by  this 
Assembly,  that  the  said  Samuel  Gains,  administrator  as  afore- 
said, shall  sell  so  much  land  of  the  said  deceas'd  Simon  Gains 
as  will  procure  the  sum  of  X46  15s.  9c?.  with  the  necessary 
charges  arising  thereon,  and  to  be  done  by  the  direction  of 
the  court  of  probate  for  the  district  of  the  county  of  Hartford. 

Whereas  John  Lyon,  of  the  town  of  Rye  in  the  county  of 
West  Chester  in  the  Province  of  New  York,  has  by  his  memo- 
rial on  the  files  of  this  Court,  dated  May  the  18th,  1738,  rep- 
resented to  this  Assembly  that  he,  tlie  said  Lyon,  has  bro't  his 
petition  at  this  Court  against  John  Brush,  of  Greenwich  in  the 
county  of  Fairfield,  in  and  by  said  petition  praying  this  As- 
sembly to  revoke,  reverse  and  set  aside,  the  decree,  order  and 
sentence  of  this  Assembly  held  in  New  Haven  in  October  last 
past,  given  in  favour  of  said  Brush  against  the  said  Lyon  for 


1738.]  OF      CONNECTICUT.  177 

tlie  sum  of  X82  3s.  Sd.,  &c.,  as  in  and  by  said  petition  now 
oil  the  files  of  this  Assembly  does  more  fully  appear  ;  which 
said  petition  being  by  order  of  this  Assembly  continued  till  the 
sessions  of  this  Assembly  in  October  next,  <fec.,  and  he,  the 
said  Lyon,  having  now  given  the  said  Brush  sufficient  secu- 
rity for  the  aforesaid  sum  of  £82  3s.  8d.,  with  the  lawful 
interest  thereof  till  the  rising  of  this  Assembly  in  October 
next,  &G. ;  and  thereupon  the  said  Lyon  prays  that  this  As- 
sembly would  order  that  execution  for  the  aforesaid  sum  of 
X82  3s.  Sd.  be  suspended  till  the  rising  of  this  Assembly  in 
October  next :  Resolved  by  this  Assembly,  that  said  execu- 
tion be  suspended,  and  the  same  is  hereby  ordered  to  be  sus- 
pended, until  the  rising  of  this  Assembly  in  October  next. 

Whereas  this  Assembly,  at  their  session  in  October  last, 
did,  on  the  memorial  of  the  inhabitants  of  that  part  of  New 
Haven  called  Chestnut  Hill,  praying  to  be  a  distinct  society, 
appoint  a  committee  to  view  their  circumstances  and  make 
report  to  this  Assembly  in  their  present  sessions :  And 
whereas  the  committee  so  appointed  have  made  report  to  this 
Assembly,  which  report  (on  the  representation  of  John  Car- 
rington  and  others)  hath  been  rejected  :  And  whereas  the 
said  Carrington,  &c.,  have  now  prayed  for  another  committee 
to  view  their  circumstances  and  make  j'eport,  &c.  :  It  is  now 
resolved  by  this  Assembly,  that  Messrs.  William  Gold  of 
Brandford,  W™  Ward  and  Joseph  Thompson  of  Wallingford, 
be  a  committee  to  repair  to  said  Chestnut  Hill  and  farms 
above,  and,  having  notified  all  persons  concerned,  view  their 
circumstances,  state  the  bounds  of  said  society,  (if  they  judge 
it  best  they  should  be  a  distinct  society,)  and  make  report  to 
this  Assembly  in  October  next ;  all  at  the  charge  of  the  said 
Carrington  and  the  rest  so  praying. 

Whereas  Capt.  John  Riggs,  Capt.  Isaac  Dickerman  and  Mr. 
John  Fowler,  were  by  the  General  Assembly,  at  their  sessions 
in  October  last  at  New  Haven,  appointed  a  committee  to  view 
the  circumstances  of  the  northwest  quarter  of  Waterbury 
and  make  report  to  the  Assembly  now  sitting :  And  whereas 
but  two  of  said  committee  viewed  and  reported  to  this  Assem- 
bly concerning  the  premises,  which  report  was  thereupon  not 
accepted :  Resolved  by  this  Assembly,  that  Mr.  John  Fowler 
of  Milford,  Capt.  Samuel  Bassett  and  Mr.  Gideon  Johnson  of 
■  Derby,  be  a  committee  to  repair  to  said  Waterbury  and,  at 
the  charge  of  the  people  -in  the  northwest  quarter  of  said 
[368]  town,  II  view  their  circumstances,  and  if  they  judge 
it  best  that  the  said  northwest  quarter  be  a  distinct  ecclesias- 
tical society,  that  then  they  state  the  bounds  thereof.  And  the 
23 


178  PUBLIC     RECORDS  [May, 

said  committee  are  further  directed  to  notify  the  said  town  of 
Waterbury  before  they  proceed,  and,  at  their  desire  and  upon 
their  charge,  to  view  the  otlier  parts  of  tlie  town,  and  make 
report  to  this  Assembly  in  October  next. 

Upon  the  memorial  of  the  inhabitants  of  the  town  of  Har 
winton,  praying  this  Assembly  to  appoint  a  committee  to  fix 
and  determine  a  place  where  the  said  inhabitants  shall  build  a 
meeting  house  for  publick  worship  :  Resolved  by  this  Assem- 
bly, that  Coll.  David  Goodrich,  Capt.  John  Chester,  and  Mr. 
Jonathan  Burnham,  shall  be  a  committee,  and  are  hereby 
directed,  at  the  cost  of  said  inhabitants,  to  repair  to  Harwin- 
ton  aforesaid,  and  view  aiid  affix  a  place  to  build  a  meeting 
house  on,  and  make  return  thereof  to  this  Assembly  in  Octo- 
ber next. 

On  tlie  memorial  of  George  Clark,  of  New  York,  Esqr, 
and  others,  representing  to  this  Assemlily  that  they  had, 
for  a  very  valuable  consideration,  purchased  two  tracts  of 
land  of  the  Indian  proprietors  or  claimers,  which  they  then 
thought  were  witliin  the  bounds  of  New  York  government, 
but  since  the  running  of  the  line,  a  considerable  part  of  it 
proves  to  be  in  this  ;  praying  that  a  committee  might  be  sent 
by  this  Assembly  to  enquire  into  that  affair  and  report  their 
opinion  thereon :  Resolved  by  this  Assembly,  that  Messrs. 
Edmund  Lewiss,  Andrew  Burr  and  William  Gaylord,  be  a 
committee,  at  the  cost  of  the  memorialists,  to  enquire  into 
the  affair  and  make  report  to  this  Assembly  in  October  next. 

Upon  the  memorial  of  the  agent  of  the  town  of  Stafford, 
shewing  that  this  Assembly,  in  May,  1786,  granted  to  the  in- 
habitants of  said  town  liberty  and  autbority  to  lay  a  tax  of 
one  penny  per  acre  annually  on  all  the  unimproved  lands  in 
said  town,  to  be  collected  and  improved  for  the  support  of  the 
gospel  ministry  there,  for  the  space  of  four  years  then  next 
coming ;  and  complaining  that,  for  want  of  some  proper  per- 
sons being  specially  appointed  to  collect  said  tax,  they  have 
failed  of  the  benefit  thereof:  Resolved  by  this  Assembly, 
that  Moses  Fuller  and  Cornelius  Daviss,  collectors  of  the  min- 
ister's rate  and  tax  in  said  town  for  the  years  1736  and  1737, 
shall  be  impowred,  and  they  are  hereby  impuwred,  to  collect 
the  tax  due  according  to  said  act  for  the  years  in  which  they 
were  collectors,  and  shall  pay  the  same  unto  Samuel  Chap- 
man, Esqi",  to  be  improved  for  tl)e  purpose  aforesaid ;  and 
that  the  collectors  of  said  town,  that  shall  from  time  to  time 
hereafter  be  appointed  to  collect  said  tax,  until  said  four  years 
be  expired,  are  hereby  fully  impowred  to  levy  and  collect  said 
tax  granted  by  said  act,  and  pay  the  same  as  aforesaid  ;  and 


1738.]  OP      CONNECTICUT.  179 

that  which  is  now  due  upon  said  tax  shall  be  collected  and 
paid  to  said  Samuel  Chapman  for  the  use  aforesaid,  on  or  be- 
fore the  last  day  of  July  next ;  and  the  first  day  of  August 
for  the  fourth  year  shall  be  the  time  for  the  payment  of  said 
tax.  And  whereas  many  of  the  claimers  and  owners  of  said 
unimproved  land  live  out  of  this  Colony,  whereby  the  collect- 
ing of  said  tax  is  rendered  difficult :  It  is  resolved  by  this 
Assembly,  that  the  collectors  aforesaid,  or  some  suitable  per- 
[369]  son  by  him  or  them  appointed,  ||  shall,  annually,  notify 
and  warn  said  claimers  twenty  days  before  the  time  of  pay- 
ment aforesaid,  and  shew  them  a  copy  of  this  act,  and  if, 
after  they  shall  l)e  so  warned,  they  shall  neglect  and  refuse  to 
make  payment  of  said  tax  to  said  collectors  within  said  twenty 
days,  that  then  it  shall  be  in  the  power  of  any  two  of  the  se- 
lectmen of  said  town  of  Stafford  to  extend  or  lease  so  much 
of  the  land  aforesaid  belonging  to  said  claimers  refusing  to 
make  payment  as  aforesaid,  and  for  so  long  a  time,  as  will  an- 
swer said  tax  and  all  charges  for  extending  and  leasing  the 
same ;  which  land  shall  be  extended  at  a  publick  vendue  to 
the  highest  bidder,  after  there  hath  been  a  notification  in 
writing  under  the  said  selectmen's  hands  set  up  in  said  town 
of  Stafford  upon  tlie  sign-post  at  least  twenty  days  before  said 
lands  be  extended,  shewing  the  time  and  place  thereof.  And 
a  lease  well  executed  by  said  selectmen  shall  be  a  good  and 
effectual  title  in  the  law  to  him  that  shall  so  hire  and  receive 
the  said  lease,  and  to  his  heirs  and  assigns,  for  holding  the 
same  during  the  term  in  said  lease.  And  if  any  person  living 
in  this  Colony  shall,  after  seasonable  notice  given  him  by  said 
collector,  refuse  to  make  payment  of  said  tax,  he  or  they  so 
refusing  shall  be  proceeded  against  as  is  already  by  law  pro- 
vided for  the  collecting  town  rates.  And  it  is  further  enacted, 
that  the  said  Fuller  and  Daviss,  collectoi'S  as  aforesaid,  shall, 
by  themselves  or  some  person  by  them  appointed,  notify  the 
proprietors,  whether  in  the  government  or  those  living  out  of 
the  government,  at  least  twenty  days  before  the  extending  of 
any  lands  or  their  making  distress  as  aforesaid,  fully  and 
amply  as  in  this  act  is  before  provided. 

Upon  the  petition  of  Henry  Brooks,  of  Saybrook  in  the 
county  of  New  London,  shewing  to  this  Assembly  that  John 
Chapman  of  said  Saybrook  bro't  his  action  against  him,  said 
Brooks,  at  the  county  court  at  New  London  in  June  last,  de- 
manding five  and  an  half  acres  of  land  ;  which  action  came  to 
the  county  court  in  November  last,  where  judgment  was  rend- 
ered against  him  for  the  surrendry  of  said  land  and  £Q  19s. 
lOd.  cost,  which  judgment  was  executed  soon  after ;  also 
shewing  that  his  appeal  mist  entering  by  a  mere  accident ; 


180  PUBLIC     RECORDS  [May, 

and  also  prayiiip;  for  a  reversal  of  all  the  doings  of  said  exe- 
cution, and  also  that  he  may  enter  his  appeal  at  the  siiperiour 
court  to  be  held  at  New  London  in  Seyjtember  next,  the  fourth 
Tuesday  ;  further  praying,  that  in  case  he  oVjtain  judgment  in 
his  favour,  that  the  superiour  court  may  allow  in  his  bill  of 
cost  all  the  cost  that  he  hath  paid  upon  said  execution,  as 
part  of  his  cost  against  said  Chapman:  Resolved  by  this 
Assembly,  that  all  the  doings  on  said  execution  is  hereby 
reversed  and  set  aside,  and  the  said  Brooks  and  Chapman  are 
hereby  put  into  the  same  state,  in  respect  to  said  cause,  as 
they  were  when  said  judgment  was  rendered  at  said  county 
court ;  and  also  said  Brooks  may  enter  his  appeal  of  said 
cause  at  the  superiour  court  to  be  held  at  New  London  the 
fourth  Tuesday  of  September  next,  and  that  in  case  judgment 
comes  out  in  said  Brooks's  favour,  tfiat  then  what  cost  he 
hath  paid  on  said  execution  shall  by  said  superiour  court  be 
taxed  in  favour  of  said  Brooks  as  part  of  his  cost  of  tryal. 

[370]  LTpon  the  memorial  of  Lawrence  Knickerbacker, 
John  Dikeman,  William  White  and  Abram  Yandueson,  of 
Weatauge,  setting  forth  their  purchasing  deeds  of  certain 
lands  now  in  the  northwest  townsiiip  of  this  government,  of 
the  Indians ;  praying  this  Assembl}"  to  grant  them  a  recom- 
pence  therefor :  This  Assembly  do  grant  in  recompence,  as 
abovesaid,  unto  the  said  Lawrence  Knickerbacker,  John 
Dikeman,  William  White  and  Abram  Yandueson,  one  right 
in  the  northwest  township,  under  the  same  restrictions  as 
the  other  rights  in  said  township,  and  that  the  committee 
appointed  to  make  sale  and  give  deeds  of  the  other  rights  in 
said  township  shall,  and  are  hereby  impowred  to  give  and 
execute  a  deed  unto  the  said  memorialists,  after  the  same 
manner  and  with  the  same  conditions  as  they  are  impowred 
and  ordered  to  do  of  the  other  rights  in  said  township,  upon 
the  memorialists  quitting  their  claim  to  all  their  rights  ob- 
tained by  said  purchases  of  the  Indians,  to  the  Governour  and 
Company  of  this  Colony,  to  the  acceptance  of  the  said  com- 
mittee ;  which  shall  be  so  done  on  or  before  the  first  day  of 
August  next,  or  the  memorialists  shall  not  take  any  benefit 
by  this  grant. 

Upon  the  memorial  of  the  proprietors  of  the  common  and 
undivided  land  in  Windsor,  shewing  to  this  Assembly  the 
great  diflficulty  they  labour  under  by  reason  of  several  pro- 
prietors' meetings,  or  pretended  proprietors'  meetings,  in  said 
Windsor  at  and  since  the  l'2th  day  of  December  last ;  pray- 
ing this  Assembly  that  the  said  meetings,  and  all  the  doings 
therein,  may  be  set  aside  and  made  null  and  void  :  Resolved 
by  this  Assembly,  that  said  meetings,  and  all  the  proceedings 


1738.]  OP      CONNECTICUT.  181 

and  doings  in  said  proprietors'  meetings,  at  and  since  said 
12th  day  of  December  last,  shall  be  held  and  acconnted  null 
and  v'oid,  and  the  same  is  hereby  declared  to  be  null  and  void; 
and  that  said  proprietors  shall  and  may,  for  time  to  come, 
proceed  to  act,  vote  and  do,  as  if  no  sucli  proprietors'  meet- 
ing had  been. 

Upon  the  memorial  of  Adoniram  Treadwell,  of  New  Del- 
laway  in  the  Colony  of  Connecticutt,  shewing  to  this  Assem- 
bly that  by  two  purchases  he  has  obtained  two  hundred  and 
fifty  acres  of  land  on  the  west  side  of  the  Ousatunnuck  river, 
as  set  forth  in  his  memorial  to  this  Assembly,  and  praying 
that  he  may  have  a  patent  for  the  said  land,  &c. :  This  As- 
sembly grants  to  the  memorialist  the  liberty  of  having  a 
patent  for  the  said  land,  and  that  the  same  be  executed  in 
due  form  of  law. 

Whereas  Samuel  Smith  the  second,  of  tlie  town  of  Suffield 
in  the  county  of  Hampshire  in  the  Province  of  the  Massachu- 
setts Bay,  in  and  by  his  memorial  on  the  files  of  this  Court, 
dated  May  20th,  1738,  representing  to  this  Assembly  that 
whereas  the  said  Smith  has  bro't  his  petition  before  this  As- 
sembly against  Charles  Hazelton,  of  the  town  of  Killings- 
worth  in  the  county  of  New  London,  &c.,  in  and  by  said  pe- 
tition complaining  that  said  Hazelton  has  unjustly  recovered 
judgment  against  him  at  the  county  court  held  at  New  Lon- 
don in  June  last  past,  for  the  sum  of  one  hundred  and  thirty 
[371]  II  pounds  money,  with  cost  of  suit,  &c.  ;  and  the  said 
Smith  praying  a  reversal  of  the  judgment  of  the  aforesaid 
county  court,  as  is  more  fully  set  forth  in  said  petition  now 
on  the  files  of  this  Court,  &c.  ;  which  said  petition  being  by 
order  of  tliis  Assembly  continued  till  October  next,  by  means 
whereof  the  said  Smith  may  be  much  wronged  unless  execu- 
tion on  the  aforesaid  judgment  of  the  said  county  court  be 
suspended  till  the  sessions  of  this  Assembly  in  October  next  ; 
and  the  said  Smith  praying  this  Assembly  that  execution  on 
said  judgment  be  suspended  accordingly:  Resolved  by  this 
Assembly,  that  execution  on  the  aforesaid  judgment  of  the 
county  court  held  at  New  London  in  June  last  past,  given 
against  the  said  Smith  for  the  sum  aforesaid,  be  stayed,  and 
the  same  is  hereby  ordered  to  be  stayed,  till  the  sessions  of 
this  Assembly  in  October  next. 

Upon  the  memorial  of  the  inhabitants  of  New  Concord  in 
Norwich,  praying  this  Assembly  to  enable  them  to  lay  a  tax 
upon  all  the  unimproved  land  in  said  society  belonging  to 
non-resident  proprietors:'  Resolved  by  this  Assembly,  that 
the  inhabitants  of  said  society  are  hereby  enabled  to  lay  a  tax 
of  two  pence  per  acre  upon  all  the  unimproved  land  in  said 


182  PUBLIC     RECORDS  [May, 

society  belonging  to  non-resident  proprietors  the  space  of  four 
years  next  coming,  exclusive  of  the  lands  of  such  as  dissent 
from  the  churches  establislied  in  the  government,  and  in  lieu 
of  any  former  tax  granted  by  this  Assembly.  And  in  order 
to  the  collecting  and  gathering  the  same,  the  committee  of 
said  society,  for  the  time  being,  are  hereby  enabled  to  malve  a 
list  of  said  tax  and  deliver  the  same  to  the  collectors  of  rates 
in  said  society,  who  are  hereby  impowred  to  proceed  to  col- 
lect the  same  as  by  law  they  are  enabled  to  collect  other 
rates ;  and  the  said  collectors  are  to  account  with  said  com- 
mittee for  tliC  money  by  them  collected  for  said  tax,  as  they 
are  for  other  rates  by  them  collected. 

Upon  the  memorial  of  Benjamin  Grigory,  of  Norwalk  in 
the  county  of  Fairfield,  shewing  to  this  Assembly  that  he  hath 
made  a  good  mortgage  deed  to  the  Governour  and  Company 
of  this  Colony,  of  thirteen  acres  of  land  in  Norwalk  afore- 
said, and  caused  the  same  to  be  recorded,  as  security  for  sixty 
pounds  money  which  he  supposed  he  should  have  I'eceived  out 
of  the  treasury,  but  hath  not  received  said  sixty  pounds  nor 
any  part  thereof ;  and  praying  this  Assembly  to  release  and 
discharge  the  said  mortgage  deed  and  the  title  made  thereby, 
&c. :  Resolved  by  this  Assembly,  that  his  Honour  the  Gov- 
ernour and  the  Secretary  of  the  Colony  of  Connecticutt  be 
desired,  and  they  are  hereby  desired  and  impowred,  to  make 
a  good  deed  of  release  of  the  said  thirteen  acres  of  land  con- 
veyed by  the  deed  aforesaid,  dated  April  29th,  1737,  unto 
him,  the  said  Benjamin  Grigory,  in  such  manner  and  form  as 
the  releases  are  made  to  other  mortgagers  upon  their  payment 
of  the  money  by  them  borrowed. 

Upon  the  memorial  of  John  Stoyel  of  Stonington,  shewing 
to  this  Assembly  that  he  hath  been  unjustly  fourfolded  for  his 
head  by  the  listers  of  the  town  of  Norwich  the  sum  of  seventy- 
two  pounds,  and  praying  this  Assembly  to  release  him  from 
said  fourfold  assessment:  Resolved  by  this  Assembly,  that 
the  said  John  Stoyell  be  released  from  said  fourfould  assess- 
ment made  by  the  said  listers  of  Norwich,  and  he  is  hereby 
released. 

[372]  Upon  the  memorial  of  Timothy  Dimmuck  of  Mans- 
field, shewing  to  this  Assembly  that  he  had  signed  and  delivered 
to  him  a  deed  of  quit  claim  by  his  brother  Daniel  Dimmuck  of 
Wright's  Town,  of  all  his  riglit  in  a  certain  parcel  of  land  in 
Ashford,  called  Horse  Shoe  Meadow,  which  deed  is  dated  De- 
cember 18th,  1736,  and  that  the  said  Daniel  dyed  and  did  not 
acknowledge  it,  so  that  the  same  cannot  be  recorded,  and 
thereupon  prays  for  relief,  for  the  reasons  assigned :  Where- 
upon it  is  resolved  by  this  Assembly,  that  the  town  clerk  of  the 


1738.]  OF      CONNECTICUT.  183 

town  of  Ashford,  in  which  the  said  lands  lye,  record  the  deed 
with  the  evidence  entered  on  the  same  deed  of  its  being  execu- 
ted by  the  said  Daniel.  And  it  is  enacted  by  this  Assembly, 
that  the  deed  so  recorded  shall  be  judged  to  be  sufficient  in  the 
law  at  all  times,  for  the  holding  the  right  of  said  Daniel  in 
said  lands  to  the  said  Timothy,  as  if  it  had  been  acknowl- 
edged by  said  Daniel  as  the  law  directs. 

Upon  the  memorial  of  Nathaniel  Fuller,  Aaron  Fuller  and 
Moses  Fuller,  shewing  to  this  Assembly  that  a  judgment  was 
recovered  against  them  by  the  Governour  and  Company,  at 
the  adjourned  county  court  held  at  Hartford  in  January  last, 
for  the  sum  of  .£2.5<3  7s.  Qd.  debt,  and  21.  5s.  Id.  cost,  and 
praying  that  execution  on  said  judgment  may  be  suspended, 
to  give  time  for  the  memorialists  to  dispose  of  some  estate  to 
procure  money  to  answer  said  judgment:  Resolved  by  this 
Assembly,  that  if  the  said  memorialist,  or  any  or  either  of 
them,  on  their  own  cost  shall,  on  or  before  the  first  day  of 
July  next,  give  good  land  security  of  double  the  value  of  the 
sums  abovesaid  with  the  lawful  interest  thereof,  to  be  reckoned 
from  the  time  of  giving  said  judgment,  for  the  payment  of 
the  said  sums  with  the  interest  thereof  to  the  said  Governour 
and  Company  on  or  before  the  1st  day  of  May,  A.  D.  1742, 
which  security  shall  be  by  a  mortgage  deed  of  such  lands  to 
be  taken  by  the  same  committee  (in  the  county  where  such 
lands  lye)  as  was  appointed  to  take  the  mortgage  deeds  for 
money  loaned  out  by  this  Colony  ;  upon  the  receipt  of  which 
deed,  made  to  the  satisfaction  of  said  committee,  such  com- 
mittee shall  give  a  receipt  which  shall  be  in  full  satisfaction 
and  discharge  of  the  judgment  abovesaid. 

Upon  the  memorial  of  Lois  Stanton,  widow  of  Samuel  Stan- 
ton, junf,  late  of  Stoningtown  in  the  county  of  New  London, 
deceas'd,  shewing  to  this  Assembly  that  the  debts  of  said  es- 
tate doth  surmount  the  personal  estate  of  the  deceas'd  the 
sum  of  £101:  18.S.  lid.  more  than  the  X498  Os.  2d.  which  she 
represented  to  the  Assembly  in  October  last  that  said  estate 
was  then  indebted  more  than  the  personal  estate  amounted 
to,  which  debts  in  the  whole  amount  to  the  sum  of  <£602 
19.S'.  Id.  more  than  the  personal  estate  of  said  deceas'd  ;  and 
also  shewing  this  Assembly  that  she  hath  not  sold  any  of 
the  real  estate  of  said  deceas'd,  pursuant  to  an  act  of  this  As- 
sembly in  October  last  impowring  the  memorialist  with  the 
assistance  of  Deacon  John  Noyes  to  sell  of  the  real  estate 
aforesaid  to  the  value  of  £1\)S  Os.  2d.,  as  abovesaid  ;  and 
praying  to  this  Assembly  to  impower  her,  &c.,to  sell  so  much 
of  said  real  estate  as  will  amount  to  the  sum  of  £(i02  19s. 
Id.  in  the  whole  :  Resolved  by   this  Assembly,  that  liberty 


184  PUBLIC     RECORDS  [May, 

[373]  shall  be  granted  ||  to  the  memorialist,  and  the  same  is 
hereby  granted  to  her,  and  she  together  with  the  said  Mr. 
John  Noyes  are  hereby  fully  impowred,  by  and  with  the  direc-' 
tion  of  the  court  of  probates  in  the  county  of  New  London, 
to  sell  so  much  of  the  real  estate  of  the  aforesaid  deceas'd  as 
will  amount  to  the  sum  of  £602  19s.  Id,  in  the  whole,  for 
the  payment  of  the  debts  aforesaid.  And  the  act  of  this  As- 
sembly relating  to  the  sale  of  X-498  Os.  2d.  worth  of  said  es- 
tate, past  by  this  Assembly  in  October  last  past,  is  hereby 
repealed. 

Upon  the  memorial  of  James  Morgan  of  Groton,  adminis- 
trator on  the  estate  of  Gershom  Brown,  late  of  said  Groton, 
deceas'd,  shewing  to  this  Assembly  that  the  debts  due  from 
said  estate  surmount  the  personal  estate  of  the  deceas'd  the 
sum  of  X35  Is.  6d.,  and  praying  liberty  to  sell  so  much  of 
the  real  estate  of  the  deceas'd  as  to  amount  to  the  sum  of 
<£35  Is.  6d.  with  the  cost  arising  thereon:  Resolved  by  this 
Assembly,  that  the  said  Morgan,  with  the  advice  of  the  court 
of  probate  in  New  London,  be  impowered,  and  he  is  hereby 
impowered,  to  sell  so  much  of  the  real  estate  of-said  deceas'd 
as  shall  amount  to  the  sum  of  X35  Is.  6d.  and  the  charge 
arising  thereon. 

Upon  the  memorial  of  Samuel  Gruman  and  Abigail  Rock- 
well of  Norwalk,  administrators  on  the  estate  of  John  Rock- 
well, late  of  Norwalk,  deceas'd,  shewing  to  this  Asseml)ly 
that  the  debts  due  from  said  estate  surmount  the  moveable 
part  of  said  estate  the  sum  of  £99  4s.  5d.,  and  praying  for 
liberty  to  sell  so  much  of  the  lands  of  the  said  deceas'd  as  will 
answer  and  defray  the  said  sum  and  necessary  charges  arising 
thereon  :  Resolved  by  this  Assembly,  that  the  said  Sam'  Gru- 
man and  Abigail  Rockwell  be  impowered,  and  they  are  hereby 
authorized  and  fully  impowred,  to  make  sale  and  disposition 
of  so  much  of  the  lands  of  the  said  deceas'd  as  will  be  suffi- 
cient to  answer  the  said  £99  4s.  5d.  with  the  necessary 
charges  arising  tltereon,  taking  the  direction  of  the  court  of 
probates  in  the  district  of  Fairfield  therein. 

Upon  the  memorial  of  Ebenezer  Heath,  administrator  on  the 
estate  of  Samuel  Eaton,  late  of  Tolland,  deceas'd,  shewing  this 
Assembly  that  the  debts  due  from  the  said  estate  of  the  said 
deceas'd,  with  what  is  allowed  the  widow  of  the  said  deceas'd 
for  her  necessity,  amounts  to  £101  15s.  Od.,  and  the  movea- 
ble estate  that  belonged  to  the  said  deceas'd's  estate  is  no 
more  than  £57  17s.  Id.,  all  which  is  allowed  by  the  court  of 
probates,  so  that  there  remains  due  from  said  estate  £43  17s. 
5d.  more  tlian  the  moveables  :  Therefore  this  Assembly  doth 


1738.]  OP      CONNECTICUT.  185 

appoint  and  fully  impower  the  said  Ebenezer  Heath,  having 
first  taken  the  advice  of  the  judge  of  the  court  of  probates  in 
the  county  of  Hartford,  to  sell  so  much  of  the  real  estate  of 
said  deceas'd  as  will  raise  the  sum  of  £4S  17s,  5d.  with  the 
necessary  charges  arising  on  such  sale.  And  the  said  Heath 
is  hereby  authorized  and  fully  impowered  to  give  a  good  and 
sufficient  deed  or  deeds  of  such  estate  he  shall  sell  as  afore- 
said. 

Upon  the  memorial  of  the  town  of  Hebron,  shewing  to  this 
Assembly  that  the  circimistances  of  that  town  is  such  that 
they  cannot  with  any  tolerable  conveniency  be  holden  together 
in  one  ecclesiastical  society,  and  that  the  peace  and  prosperity 
of  said  town  will  be  very  much,  promoted  by  dividing  them 
into  two  societies ;  and  praying  to  this  Assembly  that  they 
[374]  would  appoint  them  a  committee  to  view  ||  their  cir- 
cumstances, &c. :  Eesolved  by  this  Assembly,  that  Major 
Roger  Wolcott  of  Windsor,  William  Pitkin,  Esq"",  of  Hart- 
ford, and  Captain  Thomas  ¥/elles  of  Glassenbury,  shall  be  a 
committee,  and  they  are  hereby  appointed,  ordered  and  im- 
powered, to  repair  to  said  town  and,  at  their  cost,  carefully  to 
view,  consider  and  examine  into  all  their  circumstances  relat- 
ing to  their  situation,  ability  and  inclination  to  be  made  two 
societies,  and  to  order,  fix  and  determine  a  line  for  their  divis- 
ion, if  they  shall  be  of  opinion  that  the  peace,  prosperity  and 
best  good  of  said  town  may  be  promoted  and  subsisted  thereby. 
And  if  upon  viewing  and  considering,  <fec.,  as  aforesaid,  said 
committee  shall  be  of  opinion  that  it  is  best  for  said  town  to 
be  continued  and  holden  together  in  one  ecclesiastical  society, 
they  are  then  ordered  and  impowered  to  fix  and  determine  a 
place  for  them  to  build  a  meeting  house  upon,  where  they 
shall  think  will  be  most  convenient  for  the  whole  ;  and  to 
make  report  of  their  opinion  and  doings  relating  to  tlie  whole 
affair  to  this  Assembly  at  their  sessions  in  October  next. 

Upon  the  memorial  of  Samuel  Morriss,  jun^,  administrator 
on  the  estate  of  John  Haskall,  late  of  Pomfrett,  deceas'd, 
shewing  that  there  is  the  sum  of  £127  3s.  Od.  in  debts  due 
from  said  deceas'd  to  be  paid  to  sundry  persons,  for  the  pay- 
ment of  which  he  hath  nothing  in  his  hands  ;  and  praying 
that  he  may  be  authorized  to  sell  a  piece  of  land  belonging 
to  said  deceas'd,  of  about  one  hundred  acres  in  Thompson 
parish,  &c.,  for  the  discharging  said  debts  ;  for  the  reasons 
set  forth  in  said  memorial :  TJiis  Assembly  grants  the  prayer 
of  the  memorialist,  and  that  he,  with  and  by  the  advice  and 
direction  of  the  court  of  probate  in  the  cOunty  of  Windham, 
be  impowered,  and  he  is  hereby  impowered  with  such  direc- 
24 


186  PUBLIC     RECORDS  [May, 

tion  and  advice,  to  sell  the  said  piece  of  land,  or  so  much 
thereof  as  shall  be  needful,  and  make  proper  conveyances 
thereof  for  the  purpose  aforesaid,  '(r/g.)  to  pay  and  discharge 
the  said  debts,  and  the  incident  charges  thereon  arising. 

Upon  the  memorial  of  Joshua  Bushnell  of  Saybrook,  execu- 
tor of  the  last  will  and  testament  of  Joseph  Scone,  late  of 
said  Saybrook,  deceas'd,  shewing  to  this  Assembly  that  the 
debts  and  charges  due  from  the  estate  of  said  Joseph  Scone 
surmounts  the  personal  estate  of  said  deceas'd  the  sum  of 
<£20  17s.  llr?.,  and  praying  to  this  Assembly  for  liberty  to 
sell  so  much  of  the  real  estate  of  the  said  deceas'd  as  will 
amount  to  the  sum  aforesaid,  <fec.  :  Resolved  by  this  Assem- 
bly, that  the  said  Joshua  Bushnell  shall  have  liberty,  and 
liberty  is  hereby  granted  to  him  and  he  is  hereby  fully  im- 
powred,  by  and  with  the  advice  and  direction  of  the  court  of 
probates  in  Guilford ,  to  sell  so  much  of  the  real  estate  afore- 
said as  will  amount  to  the  sum  of  <£20  17s.  lid.,  for  the  pay- 
ment of  the  debts  and  charges  aforesaid. 

Mesohed  hy  this  Assemhli/,  That  the  Treasurer  be  ordered, 
and  he  is  hereby  ordered  and  directed, to  deliver  to  his  Honour 
the  Governour  £86  16s.  Od.  in  bills  of  credit  out  of  the  treas- 
ury of  this  Colony ;  which  sum  is  hereby  granted  to  his 
Honour  towards  defraying  the  charges  of  his  lady's  funeral.* 

[875]  This  Assembly  grants  to  his  Honour  the  Governour 
three  hundred  and  fifty  pounds  for  his  salary  for  this  current 
year. 

This  Assembly  grants  to  his  Honour  the  Deputy  Governour 
one  hundred  seventy-five  pounds  for  his  salary  for  the  current 
year. 

This  Assembly  grants  to  the  Treasurer  of  this  Colony  the 
sum  of  one  hundred  pounds  money,  to  be  paid  out  of  the 
publick  treasury  of  this  Colony,  for  his  salary  for  the  year 
ensuing. 

This  Assembly  do  appoint  William  Pitkin  and  Thomas 
Wells,  Esq''%  to  be  a  committee  to  adjust  the  Secretary's  ac- 
counts for  his  care  and  labour,  (by  the  direction  of  the  As- 
sembly,) respecting  the  mortgages  and  bonds  given  in  security 

*The  wife  of  Governor  Talcott  died  suddenly,  about  noon,  on  Thursday,  May 
25th,  1738.  There  could  be  no  session  of  the  General  Assembly  without  the  presence 
of  the  Governor  or  Deputy  Governor  :  the  latter  was  absent,  attendins  the  Com- 
missioner's Court  at  Norwich,  and  public  business  was'  pressing.  Governor  Talcott 
did  not  sufter  his  private  grief  to  interfere  with  his  official  duty,  but  returned  and 
presided  in  the  Upper  House  in  the  afternoon.  A  joint  committee  was  appointed  by 
both  Houses,  to  confer  on  what  might  be  proper  to  oft"er  to  his  Honor  on  the  sudden 
and  soi  rowful  event,  and  the  Lower  House  also  appointed  Mr.  Speaker,  the  Clerk, 
and  Capt.  Samuel  Willard,  to  draw  an  address  of  condolence,  which,  with  the  Gov- 
ernor's reply,  is  printed  in  the  Massachusetts  Historical  Society's  Collections,  3d  series, 
I,  246. 


1738.]  OP      CONNECTICUT.  187 

for  the  loan-money,  lodged  in  his  office,  and  pass  an  order  to 
the  Treasurer  for  so  much  of  the  same  as  they  shall  allow, 
who  is  hereby  ordered  to  pay  the  same  accordingly. 

Upon  the  prayer  of  Timothy  Green,  printer,  representing 
to  this  Assembly  that  his  salary  is  not  a  sufficient  and  meet 
recompence  for  his  service  :  Resolved  by  this  Assembly,  that 
the  said  printer's  salary  for  the  future  shall  be  seventy  pounds 
per  aiintim,  and  that  his  half  year's  salary,  now  due  to  him 
for  his  past  services,  shall  be  thirty-five  pounds,  and  that  the 
same  shall  be  now  paid  to  him  out  of  the  Colony  treasury. 

Upon  the  memorial  of  Prince  Tracy  of  Willington,  repre- 
senting the  peculiar  circumstances  of  one  Reuben  Golf,  an 
idiot  child  now  resident  in  Wellington,  and  praying  for  relief, 
&c.,  as  per  his  memorial  on  file,  dated  May  15th,  1738  :  Re- 
solved by  this  Assembly,  that  there  be  paid  out  of  the  publick 
treasury  of  this  Colony,  for  the  support  of  the  said  Reuben 
Goff,  the  sum  of  ten  shillings  per  week ;  and  that  Nathaniel 
Stanly,  Esq"",  of  Hartford,  do  from  time  to  time  sign  and  direct 
orders  to  the  Treasurer  of  this  Colony  (on  the  application  of 
such  meet  person  as  the  town  of  Willington  shall  to  that  pur- 
pose appoint,)  to  draw  out  of  the  publick  treasury  the  sum  of 
ten  shillings  per  week,  quarterly,  to  be  improved  for  the  sub- 
sistence of  the  said  idiot  child,  during  the  pleasure  of  this 
Assembly. 

Whereas  the  business  of  this  Assembly  has  drawn  out  their 
present  sessions  to  such  a  length  that  all  the  members  thereof 
cannot,  without  great  inconvenience,  stay  to  hear  the  records 
of  the  acts  of  this  Assembly  read  off  and  compleated  :  This 
Assembly  do  order  and  appoint  Roger  Wolcott,  Nathaniel 
Stanly,  Ozias  Pitkin,  William  Pitkin,  Esq^s,  Captain  John 
Marsh,  Mr.  Joseph  Buckingham,  Capt.  Samuel  Mather,  Mr. 
Roger  Newberry,  Coll.  David  Goodrich,  Capt.  John  Chester, 
Capt.  Thomas  Wells,  and  Mr.  Jonathan  Hale,  a  committee,  in 
the  name  and  behalf  of  this  Assembly,  to  attend  his  Honour 
the  Governour  to  hear  the  records  of  the  acts  of  this  Assem- 
bly read  off,  and  see  them  perfected  and  then  signed  by  the 
Secretary  as  compleat. 

The  several  Acts,  Grants  and  Orders  of  this  Assembly,  as 
they  stand  entered  in  the  pages  of  this  book  next  preceding, 
were  read  in  the  presence  of  his  Honour  the  Governour  and 
the  major  part  of  the  committee  abovenamed,  and  by  them 
ordered  to  be  signed  by  the  Secretary  as  compleat. 

George  Wyllys,  Secretly. 


188  PUBLIC      RECORDS  [Oct. 


[376]  Anjio  Regyii  Regis  Georgii  2di,  3Iagnce  Britannice,  ^c, 
duodecimo.  ' 

Connecticutt 
Colons/. 

At  a  General  Assembly  holden  at  New  Haven  in  his  Majes- 
ties English  Colony  of  Connecticut  in  New  England  in 
America,  on  the  second  Thursday  of  October,  (being  the 
11th  day  of   said  month,)   and  continued   by  several 

ADJOURNMENTS    TILL    THE    2d  DAY  OF    NOVEMBER    FOLLOWING, 

annoque  Dom.  1738. 

Present : 

The  Honourable  Joseph  Talcott,  Esq"",  Governour. 

The  Honourable  Jonathan  Law,  Esq"",  Deputy  Governour. 
Samuel  Eells,  "^  Timothy  Pierce,  ^ 

Roger  Wolcott,         |  John  Burr,  | 

James  Wadsworth,  ^-Esq^s,  Samuel  Lynde,     !  -p.     ^^    Assist- 
Nath'  Stanly,  I  Edmund  Lewiss,  ^    ^^    '    ants. 

Joseph  Whiting,     J  William  Pitkin, 

Roger  Newton, 
Representatives  or  Deputies  that  iccre  returned  to  attend  at  this 

Asse7nhly  are  as  foUoic,  (viz  :) 
Capt.  John  Marsh,  Mr.  Joseph  Buckingham,  for  Hartford. 
Mr.  John  Richards,  Mr.  Jeremiah  Miller,  for  New  London, 
Capt.  Jabez  Huntington,  Mr.  John  Fitch,  for  Windham. 
Mr.  Joseph  Blackleach,  Mr.  Theophilus  Nickols,  for  Stratford. 
Capt.  Joseph  Minor,  Capt.  William  Preston,  for  Woodbury, 
Mr.  John  Grigory,  Capt.  James  Beebe,  for  Danbury, 
Capt.  Thomas  Wells,  Mr.  Jonathan  Hale,  for  Glassenbury. 
Capt.  Theophilus  Yale,  Capt.  Benjamin  Hall,  for  Waliingford. 
Mr.  John  Dwight,  Mr.  Boaz  Starns,  for  Killingly. 
Capt.  Ebenezer  Avery,  Mr.  Humphrey  Avery,  for  Groton. 
Capt.  Joseph  Addams,  Mr.  Jabez  Fitch,  for  Canterbury. 
Mr.  Ephraim  Kingsbury,  Mr.  Thomas  Stephens,  for  Plainfield. 
Mr.  Jonathan  Lane,  Mr.  John  Lane,  for  Killingworth. 
Capt.  Isaac  Dickerman,  Capt.  Jonathan  Ailing,  for  New  Haven. 
Capt.  Andrew  Burr,  Mr.  Ebenezer  Silliman,  for  Fairfield. 
Mr.  Hez"^  Huntington,  Mr.  Samuel  Backus,  for  Norwich. 
Mr.  Pelatiah  Leet,  Mr.  Samuel  Robinson,  for  Guilford. 
Mr.  Joseph  Strong,  Mr.  Peter  Buell,  for  Coventry. 
Mr.  John  Humphrey,  Mr.  James  Case,  for  Symsbury. 
Capt.  John  Chester,  Coll.  David  Goodrich,  for  Weathersfield. 
Capt.  Nathaniel  Peck,  Mr.  Jabez  Mead,  for  Greenwich. 
Mr.  John  Griswould,  Capt.  Daniel  Ely,  for  Lyme. 
Capt.  Samuel  Mather,  Mr.  Roger  Ne\tl3erry,  for  Windsor. 


1738.]  OP     CONNECTICUT,  189 

Mr.  Jaliez  Hamlin,  Mr.  Seth  Wetmore,  for  Midletowu. 

Mr.  Rol)crt  Treat,  Mr.  John  Fowler,  for  Milforcl. 

Mr.  Eliliu  Chauncey,  Mr.  James  Wadsworth,  junr,  for  Durham. 

[377]  Mr.  Ebenezer  West,  Mr.  Jonathan  Trumble,  for  Lebanon. 

Mr.  Ebenezer  Holbrook,  Capt.  John  Daniels,  for  Pomfrett. 

Mr.  John  Bostwick,  Capt.  Stephen  Noble,  for  New  Milford. 

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

Mr.  Hezekiah  Brainerd,  for  Haddam. 

Mr.  Phihp  FCastman,  Mr.  James  Bicknal,  for  Ashford. 

Capt.  Sam'  Hecocks,  Mr.  Joseph  Lewiss,  for  Waterbury. 

Capt.  Hezi'  Ga.ylord,  Mr.  Joseph  Phelps,  for  Hebron. 

Capt.  Samuel  Willard,  Mr.  Joshua  Bushnel,  for  Saybrook. 

Capt.  Jonathan  Hoit,  Mr.  Jonatlian  Maltbye,  for  Standford. 

Mr.  Experience  Porter,  Mr.  Cordial  Stores,  for  Mansfield. 

Capt.  Joseph  Piatt,  Capt.  Samuel  Comestock,  for  Norwalk. 

Mr.  Joseph  Palmer,  Mr.  Joseph  Denison,  for  Stoningtown. 

Mr.  Isaac  Spencer,  for  East  Haddam. 

Capt.  John  Rigg's,  Capt.  Samuel  Bassett,  for  Derby. 

Capt.  William  Wadsworth,  Mr.  John  Hart,  for  Farmington. 

Capt.  William  Gold,  Mr.  Jonathan  Russell,  for  Brandford. 

Mr.  Jedadiah  Tracy,  Mr.  John  Cook,  for  Preston. 

Mr.  Ebenezer  Silliman,  Speaker  )  of  the  House  of  Repre- 
Mr.  Andrew  Burr,  Clerk  \      sentatives. 

This  Assembly  do  establish  and  confirm  Mr.  Amos  Chees- 
brough  to  be  Ensign  of  the  first  company  or  trainband  in  the 
town  of  Stoningtown,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assemlily  do  establish  and  confirm  Mr.  Theophilus 
Baldwin  to  be  Captain  of  the  company  or  trainband  in  the 
town  of  New  Milford,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Bost- 
wick to  be  Lieutenant  of  the  company  or  trainband  in  the 
town  of  New  Milford,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Can- 
field  to  be  Ensign  of  the  company  or  trainband  in  the  town  of 
New  Milford,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas  Gates 
to  be  Captain  of  the  north  company  or  trainband  in  the  first 
society  in  the  town  of  East  Haddam,  and  order  that  he  be 
commissioned  accordingly. 

[378]  This  Assembly  do  establish  and  confirm  Mr.  Thomas 
Wheeler  to  be   Lieutenant  of  the  south  part  of  the  second 


190  ■  PUBLIC     RECORDS  [Oct. 

company  or  trainband  in  the  town  of  Stoningtown,  and  order 
that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Rufus  Minor 
to  be  Ensign  of  the  south  part  of  the  second  company  or 
trainband  in  the  town  of  Stoningtown,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Brockway 
to  be  Lieutenant  of  the  fifth  company  or  trainband  in  the  town 
of  Lyme,  and  order  that  he  be  commissioned  accordingly. 

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

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

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

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Rock- 
w^ell  to  be  Lieutenant  of  the  Troop  in  the  county  of  New  Lon- 
don, and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joshua  Smith 
to  be  Cornet  of  the  Troop  in  the  county  of  New  London,  and 
order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Hutchins 
to  be  Quarter  Master  of  the  Troop  in  the  county  of  New  Lon- 
don, and  order  that  he  be  commissioned  "accordingly. 

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

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

This  Assembly  do  estalilish  and  confirm  Mr.  Robert  Pair- 
child  to  be  Lieutenant  of  the  second  company  or  trainband  in 
the  town  of  Durham,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel 
Seaward  to  be  Ensign  of  the  second  qompany  or  trainband  in 


1738.]  OF       CONNECTICUT.  191 

the  town  of  Durham,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  estabhsh  and  confirm  Mr.  Timothy  Par- 
sons to  be  Ensign  of  the  first  company  or  trainband  in  the 
town  of  Durham,  and  order  that  he  be  commissioned  accord- 
ingly. 

[379]  This  Assembly  do  establisli  and  confirm  Mr.  Joseph 
Pitkin  to  be  Captain  of  the  third  company  or  trainband  in  the 
town  of  Hartford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Richard  Burn- 
ham,  jun'',  to  be  Lieutenant  of  the  third  company  or  trainband 
in  the  town  of  Hartford,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  William  Wil- 
liams, junr,  to  be  Ensign  of  the  third  company  or  trainband 
in  the  town  of  Hartford,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establisli  and  confirm  Mr.  Jonathan  Hills 
to  be  Captain  of  the  fifth  company  or  trainband  in  the  town 
of  Hartford,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  contirm  Mr.  Samuel  Welles 
to  be  Lieutenant  of  the  fifth  company  or  trainband  in  the 
town  of  Hartford,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Ebenezer 
Stephens'  to  be  Captain  of  the  company  or  trainband  in  the 
town  of  Danbury,  and  order  that  he  [be]  commissioned  ac- 
cordingly. 

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

This  Assembly  do  establish  and  confirm  Mr,  Ebenezer 
Hickock  to  be  Ensign  of  the  company  or  trainband  in  the 
town  of  Danbury,  and  order  that  he  [be]  commissioned  ac- 
cordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel  Gil- 


192  PUBLIC      RECORDS  [Oct. 

bert  to  be  Lieutenant  of  the  second  company  or  trainband  in 
the  town  of  Coventry,  and  order  that  he  be  commissioned  ac- 
cordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  David  Judson 
to  be  Captain  of  the  first  company  or  trainband  in  the  town 
of  Stratford,  and  order  that  he  [be]  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas  Por- 
ter to  [be]  Captain  of  the  first  company  or  trainband  in  the 
town  of  Coventry,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Humphrey 
Davenport  to  be  Lieutenant  of  [the]  first  company  or  train- 
band in  the  town  of  Coventry,  and  order  that  he  be  commis- 
sioned accordingly. 

[380]  This  Assembly  do  establish  and  confi.rm  Mr.  Benja- 
min Palmer  to  be  Ensign  of  the  first  company  or  trainband  in 
the  town  of  Coventry,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  01ms- 
tead  to  be  Captain  of  the  company  or  trainband  at  the  parish 
of  Millington,  and  order  that  he  be  commissioned  accord- 
ingly- 

This  Assembly  do  establish  and  confirm  Mr.  James  Cone 
to  be  Lieutenant  of  the  company  or  trainband  in  the  parish 
of  Millington,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Mathew  St. 
John  to  be  Captain  of  the  company  or  trainband  at  the  parish 
of  Wilton,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Betts 
to  be  Lieutenant  of  the  company  or  trainband  at  the  parish  of 
Wilton,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  David  Lam- 
bert to  be  Ensign  of  the  company  or  trainJmnd  at  the  parish 
of  Wilton,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Richard  Brown- 
son  to  be  Lieutenant  of  the  south  company  or  trainband  in 
the  town  of  Woodbury,  and  order  that  he  be  commissioned 
accordingly. 

This    Assembly    do    establish    and    confirm    Mr.    Samuel 


1738.]  OP      CONNECTICUT,  193 

Kiiowles  to  be  Ensign  of  the  south  company  or  trainband  in 
the  town  of  Woodbury,  and  order  tliat  he  be  commissioned 
accordingly. 

Tbis  Assembly  do  establish  and  confirm  Mr.  Joshua  Hunt- 
ington to  be  Ensign  of  the  first  company  or  trainband  in  the 
town  of  Norwich,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Jabez  Fitch  to 
be  Ensign  of  the  fifth  company  or  trainband  in  the  town  of 
Norwich,  and  order  that  lie  be  commissioned  accordijigly. 

An  Act  for  the  better  regulating  Tryals  on  Writs  of 
Error. 

Whereas  sundry  debtors  and  other  litigious  persons,  intend- 
ing to  delay  and  iDring  great  cost  upon  them  that  have  suits 
against  them  in  the  law,  have  taken  out  writs  of  error  and 
prosecuted  them  from  court  to  court ;  by  which  the  action 
laid  in  the  original  writ  hath  been  long  delayed  or  defeated, 
and  great  cost  thereby  occasioned  to  the  contending  parties : 
Which  for  the  future  to  prevent. 

Be  it  enacted  hy  the  Governor,  Council  and  Representatives, 
in  General  Court  assembled,  and  hy  the  autliority  of  the  same. 
That  when  on  any  writ  of  error,  now  depending  in  the  supe- 
riour  court,  or  that  hereafter  shall  be  brought  before  said  court, 
the  defendant  in  said  writ  of  error  shall  recover  judgment,  that 
[381]  II  the  judgment  complained  of  is  in  nothing  erroneous, 
he  shall  recover  his  cost  against  the  plaintiff:  but  if  upon 
tryal  it  sliall  be  found  that  the  judgment  complained  of  is 
erroneous,  judgment  shall  be  given  that  said  erroneous  judg- 
ment shall  be  reversed,  and  tliat  the  plaintiff  in  error  shall 
recover  all  that  he  hath  been  damnified  thereby :  that  is,  the 
whole  that  was  recovered  against  him  in  said  erroneous  judg- 
ment on  which  execution  hath  been  done ;  and  no  cost  shall 
be  taxed,  but  each  party  shall  bear  liis  own  charge ;  any  law, 
usage  or  custom  to  the  contrary  notwithstanding. 

And  he  it  further  enacted  hy  the  authority  aforesaid.  That 
when  any  judgment  shall  be  reversed  as  aforesaid,  the  plaintiff 
in  the  action  on  which  such  erroneous  judgment  was  given 
may  enter  his  action  in  the  said  superiour  court,  for  which  he 
shall  pay  the  same  fees  as  if  he  had  brought  his  action  by  ap- 
peal ;  and  the  court  shall  proceed  to  try  said  action  as  if  it 
had  or  could  have  been  brought  there  by  appeal.  And  the 
whole  cost  in  said  action,  (excepting  the  cost  on  the  writ  of 
25 


194  PUBLIC      RECORDS  [Oct. 

error,)  shall  be  taxed  for  him  that  shall  recover  final  judg- 
ment. 

And  he  it  further  enacted  hi/  the  authority  aforesaid,  That 
after  the  rising  of  this  Assembly,  no  person  shall  be  allowed 
to  review  upon  any  judgment  given  on  a  writ  of  error. 

Alivays  provided,  That  this  act  continue  of  force  for  four 
years  next  after  the  rising  of  this  Assembly,  and  no  longer. 

An  Act  in  Addition  to  the  Law  of  this  Colony  entituled 

An  Act  for  ascertaining  the  Towns  Brand  for 

Horses,  and  providing  Branders. 

Whereas  in  said  act  there  is  no  provision  made  to  impower 
the  respective  towns  in  this  Colony  to  choose  more  than  two 
branders  in  each  town:  And  whereas  the  inhabitants  of  many 
of  said  towns  are  exposed  (by  reason  of  their  living  very  re- 
mote from  said  branders,)  to  great  trouble  and  charge  to  ob- 
tain their  horses  to  be  branded:  Which  inconveniency  to 
remove, 

It  is  enacted  hy  the  Governour,  Council  aiid  Representatives, 
in  General  Court  assembled,  and  hy  the  authority  of  the  same, 
That  for  the  future  each  town  in  this  Colony  shall  have  lib- 
erty and  are  hereby  impowered  (at  their  discretion,)  to  choose 
a  suitable  number  of  persons,  not  exceeding  six,  to  be  brand- 
ers for  horses  in  said  town.  Which  branders,  being  chosen 
and  sworn  as  the  law  directs,  shall  be  regulated  in  all  things 
relating  to  their  office  by  the  laws  of  this  Colony  already  es- 
tablished ;  any  law,  usage  or  custom  to  the  contrary  notwith- 
standing. 

An    Act  inipo"wering   the  Proprietors'  Clerk  of  New 
'  Fairfield  to  record  Deeds,  JMortgages,  &c. 

Be  it  enacted  hy  the  Grovernour,  Cmnieil  and  Representatives, 
in  G-eneral  Court  assemhled,  and  hy  the  authority  of  the  same, 
That  the  proprietors'  clerk  of  New  Fairfield  shall  have  the 
same  power,  with  respect  to  recording  of  deeds,  mortgages  and 
other  instruments,  as  the  town-clerks  have  in  this  government, 
and  be  as  eifectual  in  the  law  to  all  intents  and  purposes ; 
and  that  the  proprietors'  clerk  of  New  Fairfield  shall  take  the 
same  oath  provided  by  law  for  the  proprietors'  clerk  of  Hart- 
land. 

It  being  represented  to  this  Assembly  that  sundry  Indians 
are  dwelling  within  and  lay  claim  unto  that  township  ordered 
by  this  Assembly  to  be  sold  at  New  Haven  on  the  third 
Wednesday  of  this  instant  October :  And  whereas  Thomas 
Lamb  of  Weataug  hath  proposed  to  this  Assembly,  that  for 
one  right  in  said  township  he  will  procure  from  all  the  Indian 
claimers  of  said  land  a  good  and  authentick  deed  of  said 
township, 

[382]  It  is  now  resolved  hy  this  Assemhly,  That  the  commit- 


1738.]  OP      CONNECTICUT.  195 

tee  appointed  to  sell  said  township,  or  any  two  of  them,  shall 
execute  to  the  said  Thomas  Lamb  a  good  and  sufficient  deed 
of  one  right  in  said  township,  on  tlie  same  conditions  as  to  the 
rest  of  the  purchasers,  upon  his  producing  to  the  committee 
a  good  and  sufficient  deed  of  sale  to  the  Governour  and  Com- 
pany of  this  Colony,  of  all  the  land  contained  in  said  township 
from  all  the  Indian  claimers  thereof.  Always  provided,  the 
said  Lamb  give  bond  with  one  sufficient  surety,  to  the  value 
of  tvvo  thousand  pounds,  for  liis  procuring  such  deed  on  or 
before  the  fifteenth  day  of  January  next. 

This  Assembly  do  establish  and  confirm  Mr.  Seth  Samuel 
Burr  to  be  Captain  of  the  first  company  or  trainband  in  the 
town  of  Fairfield,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel 
Silliman  to  be  Ensign  of  the  first  company  or  trainband  in  the 
town  of  Fairfield,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Denison 
to  be  Ensign  of  the  second  company  or  trainband  in  the 
town  of  Saybrook,  and  order  that  he  be  commissioned  ac- 
cordingly. 

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

The  Gentlemen  nominated  by  the  Votes  of  the  Free- 
men of  this  Corporation  lo  stand  for  Election 
in  May  next,  are  as  foHow,  (viz:) 

The  Honourable  Joseph  Talcott,  Esq'",  the  Hon'^ie  Jonathan 
Law,  Esq'",  Samuel  Eeils^  Esq'",  Roger  Wolcott,  Esqi",  James 
Wadswortli,  Esq"",  Nathaniel  Stanly,  Esq"",  Joseph  Whiting, 
Esq"",  Ozias  Pitkin,  Esq"",  Timothy  Pierce,  Esq"",  John  Burr, 
Esq"",  Samuel  Lynde,  Esq"",  Edmund  Lewiss,  Esq'",  William 
Pitkin,  Esqr,  Roger  Newton,  Esq'",  Thomas  Fitch,  Esq'",  Mr. 
Ebenezer  Silliman,  Mr.  John  Bulkley,  Mr.  Ebenezer  West, 
Mr.  Andrew  Burr,  Mr.  Samuel  Hill. 

On  the  report  of  Messrs.  John  Fowler,  Samuel  Bassett  and 
Gideon  Johnson,  a  committee  appointed  by  this  Assembly  in 
May  last  with  instructions  to  repair  to  the  town  of  Waterbury 
and  view  the  circumstances  of  the  northwest  quarter  of  said 
town,  and  also  all  parts  of  said  town,  in  order  to  make  a  sep- 


196  PUBLIC      RECORDS  [Oct. 

arate  society  of  the  said  northwest  quarter  :  Resolved  ]\y  this 
Assembly,  that  tlie  said  northwest  quarter  of  said  Waterb'ury, 
beginning  at  the  line  dividing  between  the  towns  of  Waterbury 
and  Woodbury,  at  the  soutliwest  corner  of  Capt.  William 
Judd's  gi'eat  farm,  and  to  continue  eastward  by  the  south  side 
of  said  Judd's  farm  to  the  southeast  corner  thereof;  and  from 
thence  to  extend  eastward  to  the  southeast  corner  of  the  old 
farm  of  Joseph  Nickols,  late  deceas'd  ;  and  from  thence  north- 
eastwardly unto  the  place  where  Williams's  corn-mill  now 
stands  ;  from  thence  an  easterly  course  to  the  southwest  corner 
of  Jonathan  Prindle's  farm,  including  the  said  Prindle  ;  and 
[383]  from  the  southeast  corner  of  said  Prindle's  ||  farm 
easterly  to  the  river,  and  then  to  run  northerly  by  the  river, 
the  river  being  the  east  bounds  thereof,  until  it  comes  where 
the  west  branch  enters  the  main  river,  and  then  running  as 
the  west  branch  runs,  to  Litchfield  bounds  ;  the  branch  to  be 
the  bounds  thereof;  and  then  running  westerly,  as  the  line 
runs  between  the  towns  of  Waterbury  and  Litchfield,  until  it 
comes  to  Woodbury  town  line ;  and  then  running  southerly  by 
the  line  between  Waterbury  and  Woodbury  to  the  foremen- 
tioned  southwest  corner  of  Ca))t.  William  Judd's  farm,  shall 
be,  and  is  hereby  made,  a  distinct  ecclesiastical  society,  with 
the  same  rights  and  privileges  of  such  societies  in  this  gov- 
ernment, and  shall  forever  hereafter  be  called  and  known  by 
the  name  of  Westberry.* 

Upon  the  memorial  of  the  parish  of  Midlesex  in  Fairfield 
county,  shewing  to  this  Assembly  that  they  have  had  a  society 
meeting,  wherein  more  than  two-thirds  of  said  society  have 
declared  it  necessary  to  build  a  meeting  house  in  said  parish 
for  divine  worship,  praying  this  Assembly  to  appoint  a  com- 
mittee to  repair  to  said  parish  and  to  fix  and  ascertain  the 
place  for  erecting  said  house  upon:  Resolved  by  this  Assem- 
bly, that  Capt.  Samuel  Couch,  Capt.  John  Osborne,  both  of 
Fairfield,  and  Mr.  Joseph  Booth  of  Stratford,  be  a  committee, 
at  the  cost  of  the  memorialists,  to  repair  to  said  society,  view 
their  circumstances  and  hear  all  parties  concerned,  and  fix 
and  ascertain  the  place  for  erecting  said  house  upon,  and 
make  report  of  their  doings  to  this  Assembly  in  their  present 
sessions. 

Upon  the  memorial  of  the  inhabitants  of  the  town  of  Union, 
praying  this  Assembly  to  appoint  a  committee  of  judicious  and 
disinterested  persons  to  ascertain  and  affix  a  place  for  the  build- 
ing of  a  meeting  house  in  said  town  ;  also  for  liberty  to  imbody 
themselves  into  church  estate,  and  for  a  tax  of  two  pence  per 
acre  on  all  the  lands  in  said  Union  for  the  space  of  four 

*  Now  Watertown. 


1738.]  OF      CONNECTICUT.  197 

years  to  come:  It  is  resolved  by  this  Assembly,  that  Mr. 
Joseph  Strong,  Capt.  John  Ferry  and  Mr.  Experience  Porter, 
be  a  committee,  at  the  cost  of  the  memorialists,  to  repair  to 
said  Union  and  view  the  situation  and  circumstances  thereof, 
and  ascertain  and  affix  the  place  for  the  building  a  meeting 
house  in  said  Union,  and  make  report  of  their  doings  thereon 
to  this  Assembly  at  their  sessions  in  May  next.  And  also, 
that  the  inhabitants  of  said  Union  may,  with  the  approbation 
of  tlie  neighbouring  churches,  imbody  themselves  into  church 
estate.  Likewise,  this  Assembly  grants  a  tax  of  two  pence 
per  acre  on  all  the  lands  in  said  Union,  for  the  support 
of  the  gospel  amongst  said  inhabitants;  which  tax  shall  be 
collected  by  the  collectors  of  rates  annually  chosen  in  said 
town,  and  by  them  be  paid  into  the  hands  of  the  selectmen  of 
said  town,  and  by  them  be  disposed  of  for  the  use  aforesaid ; 
which  tax  shall  continue  for  the  space  of  four  years  next 
after  the  rising  of  this  Assembly. 

On  the  memorial  of  Benjamin  Hulls  of  Wallingford,  rep- 
resenting to  this  Assembly  that,  sometime  in  the  month  of 
January  last,  his  dwelling  house  was  burnt,  and  that  he  had 
fifteen  pounds  in  bills  of  credit  on  the  Colony  of  Connecticutt 
consumed  in  the  flames,  praying  to  tliis  Assembly  that  they 
would  grant  him  such  a  sum  out  of  the  publick  treasury : 
Resolved  by  this  Assembly,  that  fifteen  pounds  in  bills  of 
credit  on  this  Colony  shall  be  paid  out  of  the  publick  treas- 
ury to  said  Benjamin  Hulls,  in  consideration  of  said  sum 
consumed  as  aforesaid ;  and  the  Treasurer  is  hereby  ordered 
to  pay  out  said  sum  to  said  Benjamin  Hulls  accordingly. 

[384]  Upon  the  memorial  of  John  Sutlief  and  others,  living 
in  the  north  or  northeastern  part  of  Waterbury,  shewing  that 
they  live  at  a  great  distance  from  the  publick  worship  in  said 
town,  and  their  difficulty  in  attending  thereon  by  reason 
thereof,  praying  for  liberty  to  hire  the  Gospel  preached 
among  them  for  the  space  of  two  years,  to  be  computed  from 
February  next,  with  exemption  from  paying  ministerial 
charges  to  said  town  for  such  time  only  as  they  are  able  to 
hire  the  gospel  preached  among  tliem:  Resolved  by  this 
Assembly,  that  the  memorialists  shall  and  hereby  have  granted 
unto  them  the  liberty  of  hiring  the  gospel  preached  among 
them  for  the  space  of  two  years,  to  commence  and  be  com- 
puted fi'om  February  next,  with  exemption  from  paying  min- 
isterial charges  to  said  town  for  such  time  only  as  they  hire 
the  gospel  preached  among  them. 

On  tlie  memorial  of  Joseph  Gorham  of  Fairfield,  adminis- 
trator on  the  estate  of  Daniel  Locl^wood,  late  of  Fairfield, 
deceas'd,  praying  for  power  to  sell  lands  of  the  said  deceas'd 


198  PUBLIC      RECORDS  [Oct. 

for  the  payment  of  the  debts  clue  from  said  estate :  Grajited 
by  this  Assembly,  tliat  the  said  Joseph  Gorham,  administrator 
to  said  estate,  be,  and  is  hereby,  impowred,  by  the  advice  and 
direction  of  the  court  of  probate  for  the  district  of  Fairfield, 
to  sell  .and  legally  convey  so  much  of  the  real  estate  of  the 
said  deceas'd  as  shall  make  the  sum  of  thirty-two  pounds 
eight  sliillings,  together  with  the  necessary  charges  arising 
thereon. 

On  the  memorial  of  Rebeckah  Birge,  administratrix  on  the 
estate. of  Daniel  Birge,  late  of  Hebron,  deceas'd,  shewing  to 
this  Assembly  that  the  debts  due  from  the  estate  of  the  said 
deceas'd  surmounts  the  personal  estate  the  sum  of  X44  5s.  Sd., 
and  praying  for  liberty  to  sell  land,  &c. :  This  Assembly  grants 
liberty  to  said  administratrix  and  Jonathan  Root  of  Hebron, 
to  sell  so  much  of  the  real  estate  of  said  deceas'd,  taking  the 
advice  of  the  court  of  probate  in  the  county  of  Hartford,  as 
to  enable  the  said  administratrix  to  pay  the  aforesaid  sum 
with  the  necessary  charges  arising  thereon. 

On  the  memorial  of  Timothy  Hatch  of  Tolland,  administra- 
tor on  the  estate  of  John  Hatcli,  late  of  Mansfield,  deceas'd, 
shewing  to  this  Assembly  that  the  debts  due  from  the  estate 
of  the  said  deceas'd  surmounts  the  moveable  estate  of  the  said 
deceas'd  the  sum  of  £224  Is.  9d.:  This  Assembly  grants 
liberty  to  the  said  administrator  to  sell  so  much  of  the  real 
estate  of  the  said  deceas'd.  taking  the  advice  of  the  court  of 
probate  in  the  district  of  Windham,  as  to  enable  said  admin- 
istrator to  pay  the  aforesaid  sum  with  the  contingent  charges 
arising  thereon. 

Upon  the  memorial  of  the  inhabitants  of  the  first  society 
in  Brandford,  by  their  agent  Capt.  John  Russel,  shewing  to 
this  Assembly  that  the  said  society,  by  their  universal  vote, 
did  agree  to  build  a  meeting  iiouse  in  said  society,  and  did 
also  agree  that  said  house  should  be  set  on  the  western  side 
of  their  present  meeting  house,  as  near  to  said  house  as 
would  be  convenient,  and  praying  for  confirmation  of  said 
place :  This  Assembly  do  accept  and  confirm  the  abovesaid 
place  to  be  the  place  for  tlie  said  first  society  to  build  their 
meeting  house  upon, 
[38S]    The   Sums  total   of   the   Lists   of   Estate   of   the 

several  Towns  in  this  Colony,  follo^A^ing,  sent  in 
to  this  Assembly  and  accepted,  C^iz.^ 


I. 

s. 

d. 

I. 

s. 

d. 

Fairfield, 

38021 

11 

11 

Weathersfield, 

23381 

8 

8 

Norwich, 

38426 

9 

0 

Groron, 

17756 

17 

10 

Midletown, 

28449 

7 

0 

Farmington, 

24823 

19 

3 

Windham, 

17423 

19 

4 

Woodbury, 

12990 

14 

6 

Staudford, 

21768 

9 

3i 

Durham, 

8553 

6 

2 

1738.] 


OF      CONNECTICUT. 


199 


Coventry, 

9001 

8 

0 

Lyme, 

18225 

11 

0 

East  Haddam, 

12889  15 

0 

Guilford, 

26718 

8 

2 

Nor  walk, 

25186 

17 

11 

Danbury, 

10283 

10 

0 

Milford, 

2407t) 

6 

10 

Haddam, 

7996 

2 

2 

Mansfield, 

8826 

10 

0 

Symsbury, 

12890 

10 

6 

Stoningtown, 

21917 

5 

0 

Ash  ford. 

6393 

0 

0 

Killingsworth, 

10681 

11 

8 

Windsor, 

27891 

19 

0 

Plainfield, 

8659 

9 

0 

Greenwich, 

15018 

19 

3 

PomlVett, 

11047 

0 

0 

Hartford, 

30945 

10 

1 

Waterl)ury, 

8405 

2 

0 

Stratfoi-d, 

30222 

16 

6 

Canterbury, 

10815 

2 

6 

Brandford, 

17930 

8 

8 

New  London, 

28300 

0 

0 

Derby,  . 

7407 

15 

0 

Glasscnbury, 

8956 

5 

0 

Say brook, 

16131 

18 

3 

Wallingford, 

30015 

17 

0 

Preston, 

14934 

15 

8 

Lebanon, 

26353 

14 

0 

Hebron, 

9695 

10 

6 

New  Milford, 

6867 

12 

0 

Killingly, 

14209 

0 

0 

Colchester, 

1)506 

10 

0 

New  Haven. 

39753 

11 

3 

Upon  the  petition  of  Andrew  Downer  of  Norwich  against 
Nathaniel  Beiiiy  of  Tolland,  shewing  to  this  Assembly  that 
they,  the  said  Downer  and  said  Berry,  had,  on  the  9th  day  of 
March  last  past,  sundry  controversies  subsisting  between  them, 
and  that  they  by  their  bonds  of  arbitrament,  dated  the  said 
9th  day,  and  the  one  well  executed  l^y  said  Downer  and  Joshua 
Lazell  of  Windham  with  him,  the  other  well  executed  by  said 
Berry  and  Joseph  Walden  of  Windham  witli  him,  submitted 
all  their  controversies  aforesaid  to  be  decided  by  the  arbitrary 
judgment  of  John  Bissell  of  Bolton,  Joseph  Kingsbury  of 
Norwich,  jun"",  and  Josiah  Conant  of  Mansfield,  and  tiiat  the 
said  arbitrators  were  to  make  their  award  in  writing  indented 
under  their  hands  and  seals,  and  deliver,  or  have  it  ready  to 
deliver,  to  the  parties  at  the  house  of  said  Walden  on  or  before 
the  last  day  of  April  next  after  said  date  of  said  bond ;  further 
shewing,  that  said  arbitrators,  having  heard  the  parties,  made 
an  award  on  the  premises  according  to  their  bonds  of  submis- 
sion, and  did  deliver  the  same  to  tlie  parties  by  the  time  and  at 
the  place  aforesaid,  and  that  they,  the  said  arbitrators,  awarded 
payment  of  money  to  be  made  by  said  Berry  to  said  Downer, 
and  other  things  to  be  done  by  them,  as  per  the  petition  on  file  ; 
and  further  shewing,  that  as  to  the  discharges  ordered  to 
be  given  of  all  things  submitted  they  both  complied,  and  that 
since  by  some  way  or  means  he,  the  said  Downer,  hath  lost 
the  award  given  him,  made  as  aforesaid,  and  thereupon  prays 
to  this  Assembly  for  relief:  Whereupon  it  is  resolved  by  this 
Assembly,  that  whenever  the  said  Downer  shall  bring  any 
action  on  the  bond  aforesaid,  declaring  on  said  bond  and  condi- 
[386]  tion  ||  annexed  and  on  said  award,  he  shall    not  be 


200  PUBLIC      RECORDS  [Oct. 

obliged  to  shew  said  award  on  oyer  prayed,  and  that  he  shall 
have  liberty  to  give  in  the  evidence  of  the  arbitrators,  to  prove 
that  there  was  such  an  award  made  as  their  evidence  shall 
express;  and  if  the  court  and  jury  shall  judge  them  credible 
in  what  they  say  as  good  and  faithful  witnesses,  the  same 
shall  be  taken  by  any  court  or  jury  where  such  action  shall 
be  brought  or  be  depending,  as  good  and  effectual  in  the  law 
as  if  the  award  was  produced  in  the  tryal  ;  and  that  the  said 
Downer  shall  have  the  liberty  of  giving  in  and  improving 
this  act  in  the  tryal,  without  declaring  on  the  same  in  his 
declaration. 

We,  the  subscribers  hereunto,  pursuant  to  an  act  of  the 
General  Assembly  held  at  Hartford,  May  the  11th,  1738,  and 
being  assisted  with  chainbearers,  &c.,  have  run  the  south  line 
of  the  township  of  Kent  in  the  following  manner,  having  first 
notified  the  adjoyning  proprietors  thereof:  We  began  at  the 
southwest  corner  bounds  of  the  said  township,  being  the  north- 
west bounds  of  a  tract  of  land  formerly  called  Fairweather's, 
it  being  a  white  oak  tree  marked  and  stones  laid  to  it,  stand- 
ing on  the  east  side  of  the  Ousatunnuck  river;  and  from 
thence  we  run  east  with  the  line  of  the  said  Fairweather's 
land  full  six  miles  to  the  northeast  corner  of  said  Fairweath- 
er's land,  being  in  the  West  Pond,  so  called ;  from  thence  we 
run  east  sixteen  degrees  and  fifteen  minutes  south  two  miles 
and  forty-eight  rods  straight  to  the  northwest  corner  of  Wara- 
maug's  Reserve,  so  called,  being  a  large  heap  of  stones  on  a 
rock  and  stones  laid  in  the  crotch  of  a  rock-oak  tree  standing 
near;  and  from  thence  we  run  east  forty  degrees  and  thirty 
minutes  south  with  the  line  of  the  said  Waramaug's  Reserve 
one  mile  and  an  half  and  eight  rods,  to  a  heap  of  stones  lying 
•where  the  east  and  west  branches  of  Shippaug  river  meet  to- 
gether, which  was  said  to  be  the  northeast  corner  of  the  said 
Warramaug's  Reserve,  and  the  west  bounds  of  Litchfield. 
Thus  we  have  run  the  south  line  of  the  said  township  of  Kent, 
and  have  made  monuments  in  said  line,  being  heaps  of  stones 
laid  at  every  eighty  rods  end,  excepting  where  the  said  line 
crosses  ponds,  'and  at  one  place  on  the  east  side  of  Bee-Tree 
brook,  where  we  marked  a  white  oak  tree,  there  being  no  stones 
to  be  found ;  and^we  have  also  marked  many  trees  in  said  line, 
so  that  the  same  may  be  easily  found  and  known.  The  above 
work  was  compleated  September  the. 30th,  A.  D.  1738. 

-p,  \  Edmund  Lewiss.  )  ^^        .,, 

By  us,    <   .     1         -n  '  }  Comviittee. 

•'       '    (  Andrew  Burr,       ) 

The  above  report  of  the  committee  is  accepted  and  approved 

by  this  Assembly,  and  ordered  to  be  recorded. 


1738.]  OP      CONNECTICUT.  201 

To  the  Honourable  the  General  Assembly,  sitting  at  New- 
Haven  October  li^th,  1738: 

Your  comuiitteo  reports  as  foUoweth,  that  sometime  in  the 
month  of  July  last  past  we  went  to  Hebron,  and  consulted 
the  inhabitants  of  that  town  of  their  inclinations  to  continue 
in  one  ecclesiastical  society  or  divide ;  and  there  were  seven- 
ty-seven for  continuing  in  one  society,  and  forty-eight  for  di- 
viding. We  have  also  carefully  examined  into  their  ability, 
situation  and  other  circumstances,  according  to  your  direction 
to  us  in  your  act  of  May  last;  and  upon  the  whole»we  report, 
that  it  is  for  the  best  good  of  the  said  inhabitants  that  they 
continue  and  are  holden  together  in  one  ecclesiastical  society, 
and  that  their  meeting  house  be  set  within  five  rods  of  their 
present  meeting  house,  and  northwesterly  of  it. 

Roger  Wolcott,  William  Pitkin,  Thomas  Wells,  Committee. 

The  above  report  is  accepted  and  approved  by  this  Assem- 
bly, and  ordered  to  be  recorded. 

[387]  Whereas  upon  the  memorial  of  Ebenezer  Beecher, 
Jasper  Gunn,  and  the  rest  of  the  inhabitants  of  that  part  of 
the  town  of  New  Haven  called  Chestnut  Hill,  and  also  of  Bar- 
nabas Baldwin,  Joel  Northrop  and  others,  to  the  number  of 
fifteen,  living  on  the  northerly  bounds  of  Milford,  moving  to 
tiie  General  Assembly  at  New  Haven  in  October  last  that  they 
might  become  one  entire  distinct  parish,  and  praying  for  a 
committee,  &c.,  the  said  General  Assembly  did  appoint  a  com- 
mittee, who  accordingly  making  their  report  to  the  General 
Assembly  at  Hartford  in  May  last,  and  the  same  not  being 
accepted  ;  and  the  said  General  Assembly  in  May  last  appoint- 
ing another  committee,  (viz.')  Messrs.  William  Gould,  William 
Ward  and  Joseph  Thompson,  to  view  and  report,  &c. :  And 
whereas  the  said  last  mentioned  committee  have  to  this  As- 
sembly made  their  report,  that  according  to  the  direction  of 
the  said  Assembly  they  have  repaired  to  the  abovesaid  places, 
&c.,  and  find  and  are  of  opinion  that  they,  the  abovesaid  in- 
habitants and  farms,  are  able  and  sufficient  to  support  parish 
charges,  and  that  their  bounds  and  limits  ought  to  be  as  fol- 
lows, viz:  The  north  bounds  in  part  upon  the  line  between 
New  Haven  and  Wallingford,  so  far  as  from  New  Haven  north- 
west bounds  easterly  to  the  West  Rocks,  so  called;  thence 
southerly  wnth  the  said  West  Rocks  till  it  comes  down  to  the 
south  side  of  Samuel  Baldwin's  land;  thence  westerly  to  the 
highway  at  the  end  of  Sperry's  Farms;  thence  southerly, 
keeping  said  highway  that  leads  up  the  great  hill  to  Darby 
road ;  then  southerly  at  the  rear  of  Westfield  lots  or  second 
division  lots;  then  southerly  till  it  comes  to  the  south  side  of 
26 


202  PUBLIC      RECORDS  [Oct. 

Capt.  Isaac  Johnson's  farm;  then  westwardly,  between  said 
Johnsons  and  that  which  was  formerly  Jeremiah  Osborn's 
farm,  to  Milford  east  line ;  then  westwardly  to  a  cross  high- 
way; then  keeping-  said  highway  to  the  southeast  corner  of 
Hogs  Meadow  Purchase,  so  called,  in  Milford;  then  westerly 
with  the  south  line  of  Hogs  Meadow  Purchase,  to  the  partition 
line  between  Milford  and  Derby;  then  northerly,  in  said  par- 
tition line,  to  Lebanon  brook,  so  called;  then  easterly  by  said 
Lebanon  brook  to  New  Haven  line ;  then  northerly  in  said  line 
between  N^ew  Haven  and  Milford  till  it  comes  to  New  Haven 
northwest  corner  bounds  aforesaid;  excluding  the  lands  in  said 
Milford  on  the  race  between  New  Haven  line  and  Hogs  Meadow 
Purchase  from  the  aforesaid  south  bounds  of  the  same,  north 
to  Derby  road ;  and  the  lands  of  Fletcher  Newton  and  John 
Hind  in  said  Hogs  Meadow  Purchase,  and  Ephraim  Gillett  and 
his  estate;  and  also  exclusive  of  Samuel  Sperry,  Joshua 
Sperry  and  Jonathan  Sperry,  with  their  estates  in  New  Haven 
bounds;  as  per  said  report  on  file,  dated  October  sixth,  1738, 
doth  appear: 

It  is  thereujyon  resolved  hy  this  Assemoly^  That  the  abovesaid 
memorialists,  inhabitants  of  New  Haven  and  Milford  situated 
and  living  within  the  bounds  and  limits  above  described,  ex- 
clusive of  the  persons  and  estates  above  in  said  committee's 
report  exempted  and  excluded,  as  also  exclusive  of  the  lands 
of  Capt.  John  Riggs,  Samuel  Riggs  and  Joseph  Riggs,  lying 
within  the  bounds  of  Milford,  be  and  become  together  one  en- 
tire, separate  and  distinct  society  or  parish,  subsisting  and 
known  by  the  name  of  the  Parish  of  Amity,*  and  endowed 
with  all  powers  and  privileges  wherewith  other  parishes  within 
this  government  are  by  law  endowed. 

Resolved,  That  the  Colony  Treasurer  be  directed,  by  a  letter 
from  the  Secretary,  that  he  attend  the  orders  of  this  Assem- 
bly at  New  Haven  on  Monday  next,  the  80th  of  October  in- 
stant; and  that  he  bring  with  him  two  thousand  pounds  of 
the  exchange  bills  tbat  are  in  his  hands 

[388]  Resolved  hy  this  Assembly,  That  Messrs.  Isaac  Dick- 
erman  and  John  Punderson,  both  of  New  Haven,  be  a  com- 
mittee to  build  and  make  up  convenient  seats  in  the  council 
chamber  in  said  New  Haven,  to  accommodate  the  members  of 
the  Assembly  and  such  gentlemen  as  attend  thereupon ;  and 
that  they  lay  their  accounts  before  this  Assembly  in  October 
next  for  their  allowance. 

This  Assembly  grants  to  each  of  the  Commissioners  from 
New  York  and  Rhoad  Island  that  attended  the  late  court  at 

*  Embraciug  the  present  towns  of  Woodbridge  and  Bethany. 


1738.]  OF      CONNECTICUT.  203 

Norwich  by  special  order  from  liis  Majesty,  the  sum  of  fifty 
pounds  inchisivc  of  what  hath  been  ah'cady  {)aid  to  them ;  and 
to  the  Honourable  John  Wanton,  who  presided,  twenty  pounds 
in  addition  to  the  aforesaid  snm.  And  his  Honour  the  Gov- 
ernour  is  hereby  desired  to  draw  the  aforesaid  sums  out  of  the 
pubhck  treasury,  and  send  them  to  the  respective  gentlemen. 

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Tuttle 
to  be  Captain  of  the  southeast  company  or  trainband  in  the 
town  of  Wallingford,  and.  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Macock  Ward 
to  be  Lieutenant  of  the  southeast  company  or  trainband  in  the 
town  of  Wallingford,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assemldy  do  establish  and  confirm  Mr.  Samuel  Hall 
to  be  Captain  of  the  northeast  company  or  trainband  in  the 
town  of  Wallingford,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joshua  At- 
water  to  be  Lieutenant  of  [the]  northeast  company  or  train- 
band in  the  town  of  Wallingford,  and  order  that  he  be  com- 
missioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Royce 
to  be  Ensign  of  the  northeast  company  or  trainband  in  the 
town  of  Wallingford,  and  order  that  he  be  commissioned  ac- 
cordingly. 

On  the  memorial  of  the  reverend  trustees  of  Yale  College 
in  New  Haven  :  This  Assembly  grants  that  there  shall  be  paid 
out  of  the  publick  treasury  of  tliis  Colony  to  the  treasurer  of 
said  college,  for  the  use  of  the  same,  the  sum  of  one  hundred 
pounds  per  annum  for  the  term  of  three  years  next  coming,  in 
addition  to  the  standing  allowance  made  to  said  college ;  and 
also,  that  there  be  paid  out  of  the  publick  treasury  to  the  said 
trustees  the  sum  of  forty  pounds,  to  defray  the  charges  of  lay- 
ing out  the  college  farms  in  the  western  townships. 

Tliis  Assembly  do  establish  and  confirm  Mr.  Thomas  John- 
son to  be  Captain  of  the  north  company  or  trainband  in  the 
town  of  Midletowu,  and  order  that  he  be  commissioned  ac- 
cordingly. 

An  Act  for  Enlarging  Goalers  Fe^s. 

Be  it  enacted  hy  the  Governour,  Council  and  Representatives^ 
in  Grcneral  Court  assembled,  and  hy  the  authority  of  the  same, 
That,  for  the  future,  the  goalers  or  keepers  of  the  several  goals 
within  this  Colony  shall  be  allowed  seven  shillings  per  week 


'204:  PUBLIC      RECORDS  [Oct. 

for  dieting  each  prisoner ;  any  law,  usage  or  custom  to  the 
contrary  notwithstanding. 

This  Assembly  do  establish  and  confirm  Mr.  Matthias  Ful- 
ler to  be  Ensign  of  the  company  or  trainband  in  the  parish  of 
Millington,  and  order  that  he  be  commissioned  accordingly. 

[389]  On  the  petition  of  John  Boardman  of  Preston  vs. 
Jeremiah  Kinne  of  Preston,  (by  continuance  from  the  General 
Assembly  in  May  last:)  The  question  was  put,  whether  the 
pleas  oifered  in  abatement  of  said  petition  are  sufficient :  Re- 
solved by  this  Assembly  in  the  affirmative.  Cost  alloived 
respondents  is  6Z.  Is.  IcZ.     Ex.  granted  Jan^  2'^,  1738—9. 

On  the  petition  of  James  Hilhouse  of  New  London  vs.  Joshua 
Raymond,  John  Vibber,  and  the  rest  of  the  inhabitants  of  the 
north  parish  of  New  London,  (by  continuance  from  the  Gen- 
eral Assembly  in  May  last :)  The  question  was  put,  whether 
the  pleas  offered  in  abatement  of  the  said  petition  are  sufficient, 
and  was  resolved  in  the  affirmative.  Cost  alloived  respo7idents 
is  bl.  Is.  Od.     Ex.  granted  May '14th,  1739. 

On  the  petition  of  Thomas  Edgcomb  of  Norwich,  and  Sam- 
uel Edgcomb,  Henry  Delamore  and  Joanna  his  wile,  of  New 
London,  vs.  Joshua  Hempstead,  Esq^,  John  Plumb,  Joshua 
Plumb,  Peter  Plumb,  Joseph  Truman  and  Elizabeth  his  wife, 
John  Monroe  and  Lydia  his  wife,  and  Hannah*  Edgcomb,  all 
of  New  London,  (by  continuance  from  the  General  Assembly 
in  May  last :)  The  question  was  put,  whether  anything  prayed 
for  in  said  petition  should  be  granted,  and  resolved  in  the 
negative  by  this  Assembly. 

Upon  the  petition  of  Richard  Blackleacli  of  Stratford  vs. 
Nathan  Curtiss  of  Stratford,  (by  the  continuance  from  the 
General  Assembly  in  May  last :)  The  question  was  now  put, 
whether  the  prayer  of  said  petition  should  be  granted  :  Re- 
solved by  this  Assembly  in  the  negative.  Cost  alloived  re- 
spo7ident  is  SI.  5s.  4d.     Ex.  granted  March  '\4th.,  1738-9. 

On  the  petition  of  Thomas  Hill  of  Fairfield  vs.  Elizabeth 
Burr  of  Charlestown,  (by  continuance  from  the  General  As- 
sembly in  May  last:)  The  question  was  put, whether  the  pleas 
offered  in  bar  of  said  petition  are  sufficient,  and  resolved  by 
this  Assembly  in  the  affirmative. 

On  the  petition  of  Mary  Wells  of  Stratford  vs.  Nathan 
Beardsly  of  Stratford,  (by  continuance  from  the  General  As- 
sembly in  May  last :)  The  question  was  put,  whether  the 
prayer  of  the  said  petition  should  be  granted,  and  resolved  by 
this  Assembly  in  the  negative. 

On  the  petition  of  Moses  Burnham,  &c.,  named  therein,  vs. 


1738.]  OF      CONNECTICUT.  205 

Joshua  Hutchinson  of  Norwich,  (by  continuance  from  the 
General  Assembly  in  May  last:)  The  question  was  put, 
whether  the  prayer  of  said  petition  should  be  granted,  and  re- 
solved by  this  Assembly  in  the  negative.  Cost  alloioed  re- 
spondents is  51.  Is.  dd.     Ex.  graiited  November  18th,  1738. 

Upon  the  petition  of  John  Stoyel  of  Norwich  vs.  John  Gal- 
lop and  Isaac  Gallop,  both  of  Voluntown,  on  file  :  The  ques- 
tion was  put,  whether  the  pleas  offered  in  abatement  of  the 
said  petition  are  sufficient,  and  resolved  in  the  negative. 

Whereas  sundry  persons  living  on  a  tract  of  land  called  the 
Purchase  Land  lying  between  Farraingtown  and  Wallingford, 
and  those  persons  settled  on  the  east  side  the  country  road 
that  runs  north  and  south  are  annexed  to  Southington  parish, 
and  those  on  the  west  side  said  road  to  the  parish  of  New 
Cheshire,  and  they  not  being  under  the  regulation  of  any 
town  makes  it  inconvenient :    Which  to  prevent. 

Be  it  enacted  by  the  Grovernour,  Council  and  Representatives, 
in  General  Court  assembled.,  avid  by  the  authority  of  the  same, 
That  all  the  persons  living,  or  that  shall  hereafter  settle,  on 
the  east  side  of  said  country  road  shall  be  in  all  respects  under 
the  regulations  of  said  town  of  Farmingtown,  both  with  re- 
spect to  duty  and  privilege,  as  though  they  had  been  within 
their  grant'  and  patent.  And  in  like  manner  those  that  live 
on  the  west  side  said  country  road  shall  be  under  the  regula- 
tion of  the  town  of  Wallingford. 

[390]  Whereas  this  Assembly,  at  their  sessions'  in  May  last, 
did  appoint  a  committee  to  view  the  circumstances  of  Har- 
winton,  and  affix  and  ascertain  a  place  for  the  building  a 
meeting  house  in  said  Harwinton,  and  make  report  thereof  to 
this  Assembly  in  their  present  sessions ;  which  report,  being 
returned  to  this  Assembly  for  approbation,  was  considered 
and  ordered  to  be  set  aside :  Whereupon  this  Assembly  ap- 
point Capt.  William  Wadsworth,  Capt.  Thomas  Wells  and 
Deacon  John  Flart,  to  be  a  committee  to  repair  to  said  Har- 
winton, having  first  notified  tbe  selectmen  of  said  town,  and 
view  the  situation  and  circumstances  thereof,  and  ^affix  and 
ascertain  the  place  for  building  a  meeting  house  in  said  Har- 
winton, where  it  may  best  accommodate  said  town,  and  make 
return  of  their  doings  to  this  Assembly  at  their  sessions  in 
May  next ;  to  be  done  at  the  motion  and  cost  of  the  pro- 
prietors. 

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


206  PUBLIC      RECORDS  [Oct. 

Mr.  John  Punderson  of  New  Haven  now  laid  before  the 
Assembly  his  account  of  expences  in  repairing  Yale  College 
in  New  Haven,  which  is  allowed  ;  and  the  Treasurer  of  this 
Colony  is  hereby  ordered  to  pay  out  of  the  publick  treasury  to 
the  said  Mr.  Punderson  the  sum  of  five  pounds  eight  shillings 
and  nine  pence,  the  ballance  of  said  account. 

This  Assembly  grants  liberty  to  the  inhabitants  of  New 
Concord  parish,  in  Norwich,  to  imbody  into  church  estate, 
with  the  approbation  of  their  neighbouring  churches. 

To  the  Honourable  the  General  Assembly  : 

Your  committee  beg  leave  to  report  their  opinion  on  the 
matters  referred  to  them,  as  followeth : 

That  his  Honour  the  Governour  be  desired  by  this  Assem- 
bly to  send  one  or  more  suitable  person  or  persons,  to  be  nom- 
inated by  this  Assembly,  to  the  Honouralile  Governour  Wan- 
ton at  Newport,  with  a  request  that  the  Honourable  Commis- 
sioners that  held  the  Court  of  Enquiry  at  Norwich,  in  May  and 
June  last,  would  asseml)le  and  take  affidavits  concerning  the 
paper  or  writing  under  the  hands  of  Coll.  Whiting  and  Capt. 
John  Mason,  deceas'd,  of  the  choice  of  Major  Ben  Uncass  to 
be  Sachem  of  the  Mohegan  nation,  in  June,  1723,  and  of  the 
succession  then  settled  ;  which  paper  was  then  owned  by  Mr. 
Samuel  Mason  to  be  signed  by  his  father,  but  now  -embezzled 
from  off  the  files.* 

That  the  Commissioners  would  supervise  their  minute-book 
and  judgment  of  said  court,  and  send  the  same  with  all  th^ 
evidences  that  were  given  in  writing  in  said  court,  as  also  the 
testimonies  they  shall  now  take  concerning  the  said  embezzled 
paper,  to  his  Majesty,  with  a  proper  letter,  as  a  report  of  their 
proceedings  on  the  commission. 

That  the  Honourable  Commissioners  would  send  to  the 
Governour  a  copy  of  the  commission  with  an  exemplification 
of  their  minute-book,  judgment  and  evidence  aforesaid,  to  be 
left  in  the  Secretary's  office,  f 

That  his  Honour  and  two  Assistants  be  directed  to  draw 
[391]  II  out  of  the  publick  treasury  such  a  sum  as  may  suitably 
and  honourably  reward  the  commissioners  for  their  costs  and 
trouble  herein. 

Roger  Wolcott,  John  Richards,  "^ 

Joseph  Whiting,         Hezekiah  Huntington,  1  ^ 

John  Marsh,  John  Riggs,  f  ^^^^«^^^^- 

Ebenezer  West,  J 

*  This  document  is  pi-inted  at  page  201  of  the  "  Governor  and  Company  of  Connec- 
ticut^ and  Moheagan  Indians,  by  their  Guardians.  Certified  copy  of  Booh  of  Proceed- 
ings before  Commissioners  of  Eevieio,  MDCCXLIII."     London,  1769.   4to. 

t  It  is  in  Indians,  I.,  doc.  173,  and  consists  of  60  pp. 


1738.]  OP      CONNECTICUT.  207 

The  al>ove  report  is  accepted  and  approved  by  this  Assem- 
biy,  and  Roger  Wolcott,  Esq"",  is  nominated  and  appointed  to 
agitate  tlie  affairs  mentioned  in  the  report,  at  Rhoad  Island. 

Upon  the  petition  of  Robert  Stoddard,  jun"",  of  Groton, 
shewing  to  this  Assemljly  that  Edward  Avery  of  said  Groton 
recovered  a  judgment  against  him  in  June  last,  at  a  county 
court  held  at  New  London,  for  the  sum  of  37^.  Os.  Od.  dama- 
ges, and  11.  4s.  2d.  cost  of  suit,  and  that  he  appealed  unto 
the  superiour  court  held  at  New  London  in  September  last, 
and  that,  by  a  mistake  of  the  clerk  of  said  county  court,  his 
appeal  was  not  entered  ;  and  shewing  to  this  Assembly  that 
an  execution  was  granted  by  said  clerk  for  the  sum  recovered 
and  cost ;  and  praying  relief  therein  :  Resolved  by  this  As- 
sembly, that  the  petitioner  may  enter  his  said  appeal  at  the 
next  superiour  court  to  be  holden  at  Norwich  in  said  county 
on  the  fourth  Tuesday  of  March  next,  and  proceed  therein  as 
tho  the  same  had  been  entered  according  to  said  appeal ;  and 
that  said  execution,  and  all  proceedings  thereon,  is  set  aside; 
and  in  case  the  petitioner  hath  or  is  obliged  to  pay  any  money 
upon  said  execution,  he  shall  have  the  same  taxed  as  part  of 
his  cost  at  making  up  final  judgment,  in  case  he  finally  re- 
cover against  the  petitionee ;  and  all  cost  follow  the  final 
judgment. 

Mathew  Allyn,  Esq"",  and  Thomas  Stoughton,  proprietors  of 
the  common  and  undivided  lands  in  Windsor,  and  the  rest  of 
the  proprietors  of  said  lands,  by  their  petition  to  this  Assem- 
bly shewing  that  they  bro't  their  action  against  Ebenezer 
Holibert  of  Windsor,  to  recover  of  him  about  thirty-two  acres 
of  land,  butted  and  bounded  as  in  the  plaintiffs'  writ  in  said 
action,  dated  June  10th,  1736,  which  action  came  to  a  final 
tryal  at  the  superiour  court  holden  at  Hartford  in  September, 
1737,  where  the  defendant  pleaded  that  he  had  done  no  wrong 
and  disseizin  to  the  plaintiffs  on  about  four  acres  of  the  said 
lands  ;  and  as  to  the  remainder  of  the  demanded  premises,  he, 
and  those  under  whom  he  claims  to  hold,  had  been  in  the  pos- 
session thereof  for  more  than  the  space  of  fifteen  years  next 
before  the  date  of  the  plaintiffs'  writ;  and  thereupon  the  jury 
find  that  the  defendant  had  done  wrong  and  disseizin  on  the 
said  four  acres,  and  that  the  defendant  and  those  under  whom 
he  holds  had  been  in  the  possession  of  the  rest  of  the  de- 
manded lands  for  more  than  the  space  of  fifteen  years  next 
before  the  date  of  the  plaintiffs'  writ ;  and  that  the  plaintiffs 
should  recover  the  said  four  acres  and  their  cost ;  and  judg- 
ment was  rendered  accordingly,  as  by  the  said  pleadings,  ver- 
dict and  judgment,  doth  appear.  And  now  the  plaintiffs  in 
said   action   shewing  to  this  Assembly  that  the  testimonies 


208  PUBLIC      RECORDS  [Oct. 

given  in  said  tryal  were  in  doubtful  expressions  to  prove  liis 
fifteen  years  possession,  and'  they  were  now  able  to  clear  np 
that  matter  of  fact  fully  ;  and  thereupon  praying  this  Assem- 
bly to  grant  them  another  tryal  of  the  action  at  the  superiour 
[392]  court  to  be  holden  at  Hartford  in  March  next :  ||  It  is 
thereupon  resolved  by  this  Assembly,  that  the  plaintiffs  in 
said  action  shall  be  allowed  to  have  another  tryal  of  said  ac- 
tion at  the  superiour  court  to  be  holden  at  Hartford  in  March 
next,  upon  the  same  pleadings,  and  the  plaintiffs  shall  recover 
their  former  cost.  But  if  the  plaintiffs  shall  recover  only  the 
said  four  acres,  the  defendant  shall  recover  his  future  costs. 

Upon  the  petition  of  David  Tillotson,  of  Lyme  in  the  county 
of  New  London,  shewing  to  this  Assembly  that  Nathaniel 
Avery  of  said  Lyme  recovered  a  judgment  against  him  at  the 
county  court  held  at  Norwich  in  said  county  the  fourth  Tues- 
day of  November  last,  for  the  sum  of  X6  15s.  lid.  for  debt, 
and  the  sum  of  <£4  2s.  Id.  money  for  cost,  and  that  he  re- 
viewed to  June  court  last  held  in  said  county,  and  that  by  the 
mistake  of  the  clerk  of  said  court  his  review  was  not  entered, 
and  that  an  execution  was  granted  on  said  judgment  for  debt 
and  cost,  and  praying  for  relief  therein  :  Resolved  by  tliis 
Assembly,  that  the  said  Tillotson  have  liberty  to  enter  his  re- 
view at  the  county  court  to  be  held  at  Norwich  the  fourth 
Tuesday  of  November  next,  and  proceed  as  tho  no  such  mis- 
take had  been  ;  and  that  if  the  petitioner-  finally  recover 
against  the  petitionee  at  making  up  final  judgment,  what 
money  he  shall  or  hath  paid  upon  said  execution  shall  be  al- 
lowed as  part  of  the  cost  of  said  tryal;  and  if  the  petitionee 
shall  finally  recover  against  the  petitioner,  he  shall  recover 
only  the  future  cost  and  so  mucli  for  debt  as  the  debt  he  shall 
recover  shall  be  bigger  than  the  former  recovery,  and  in  case 
the  final  recovery  for  debt  be  less  than  the  former  recoveiy, 
then  so  much  as  that  is  less  shall  be  deducted  out  of  the  cost 
that  he  shall  then  recover. 

Upon  the  petition  of  Mary  Dyx  of  Weathersfield  vs.  Jona- 
than Nott,  (fcc,  named  in  said  petition  on  file:  Tlie  question 
was  put,  whether  the  pleas  oflered  in  abatement  of  said  peti- 
tion are  sufficient,  and  resolved  by  this  Assembly  in  the  affirm- 
ative. Cost  alloived  respotidents,  '61.  14s.  Id.  £.v.  granted 
Decern.  Qth,  1738. 

L^pon  the  petition  of  John  Lyon,  of  Eye  in  the  county  of 
Westchester  and  Province  of  New  York,  vs.  John  Brush,  of 
Greenwich  in  the  county  of  Fairfield  and  Colony  of  Connecti- 
cut, complaining  to  this  Assembly  that  he  was  much  -wronged 
by  the  act  of  this  Assembly  passed  in  October  last  in  favour 
of  said  Brush  against  vacating  a  certain  deed  that  said  Brush 


1738.]  OF      CONNECTICUT.  209 

had  given  him  for  his  housing  and  lands,  dated  the  30th  day 
of  September,  1734,  and  giving  to  said  Brush  the  sum  of 
X82  3.S.  8d,  cost;  and  tiiereupon  praying  for  a  reversal  of 
said  act,  or  a  new  enquiry  to  be  made  in  the  premises  ;  as  per 
his  petition  on  file  at  large  appears ;  of  which  the  said  Brush 
exhibited  pleas  in  bar,  as  on  file  appears :  Resolved  by  this 
Assembly,  tliat  the  pleas  exhibited  in  bar  of  the  said  petition 
are  insufficient.  And  its  thereupon  further  resolved,  that  the 
said  petition  be  continued,  and  the  same  is  hereby  continued 
to  the  session  of  this  Assembly  in  May  next,  in  Hartford  ; 
and  that  the  said  parties  shall  then  be  heard  upon  the  whole 
affair  and  matters  contained  in  said  petition  ;  and  that  execu- 
tion for  the  cost  aforesaid  in  said  act  allowed  be  suspended 
and  stayed,  and  the  same  is  hereby  suspended  and  stayed, 
until  the  end  of  the  sessions  of  this  Assembly  in  May  next. 

[393]  This  Assembly  do  establish  and  confirm  Mr.  Samuel 
Smith  to  be  Captain  of  the  3d  company  or  trainband  in  the 
town  of  New  Haven,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Russell  to 
be  Lieutenant  of  the  3d  company  or  trainband  in  the  town  of 
New  Haven,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Isaac  How  to 
be  Ensign  of  the  3d  company  or  trainband  in  the  town  of 
New  Haven,  and  order  that  he  be  commissioned  accordingly. 

An  Act  to  revive  one  Law  of  this  Colony  entituled  An 

Act  for  Preventing  a  Multiplicity  of  Petitions 

being  bro't  to  the  General  Assembly.* 

Be  it  enacted  by  the  Governour,  Cou7icil  mid  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  the  said  law  be  revived,  and  the  same  is  declared  to  be 
revived,  and  to  continue  in  force  till  this  Assembly  shall  order 
to  the  contrary. 

Whereas  Thomas  Elmor  and  William  Elmor,  both  of  the 
town  of  Windsor  in  the  county  of  Hartford,  brought  their  pe- 
tition before  this  Assembly,  shewing  that  Benjamin  Thomas, 
of  Stafford  in  said  county,  brought  his  action  against  them 
at  the  adjourned  county  court  held  in  Hartford  on  the  third 
Tuesday  of  June  last  past,  for  the  sum  of  eighty  pounds 
money,  on  a  note  of  the  hand,  and  before  said  court  recovered 
judgment  against  them  for  the  aforesaid  sum,  and  that  thrO  a 
mistake  no  appeal  in  said  action  was  then  entered  on  record, 
&c.  ;  praying  this  Assembly  that  they  may  have  liberty  now 
to  give  bond  to  the  clerk  of  the  county  court  in  Hartford  for 

*  Passed  May,  1718.     Vol.  VI.  54. 

27 


210  PUBLIC      RECORDS  [Oct. 

the  prosecuting  an  appeal  in  said  case  before  the  superipur 
conrt  to  be  held  in  the  county  of  Hartford  in  March  nest,  and 
that  they  may  have  liberty  of  proceeding  in  said  case  from 
court  to  court,  as  well  as  if  they  had  given  bond  and  an  ap- 
peal had  been  granted  at  the  county  court  in  June  last,  and 
that  all  the  cost  may  follow  the  final  tryal  :  Resolved  by  this 
Assembly,  that  the  said  Thomas  Ellmor  and  William  Elmor 
have  liberty  now  of  entering  an  appeal  in  said  case  to  the  su- 
periour  court  to  be  held  at  Hartford  in  March  next,  they  giv- 
ing sufficient  bond  to  the  clerk  of  the  county  court  in  Hartford 
county  for  the  prosecuting  said  appeal  according  to  law,  which 
bond  the  clei'k  of  said  county  court  is  hereby  directed  and  en- 
abled to  take  ;  and  that  it  shall  be  lawful  for  said  Ehuors  to 
proceed  in  said  case  from  court  to  court,  as  well  as  if  said  ap- 
peal had  been  regularly  entered  at  the  county  court  in  June 
last ;  and  that  all  the  cost  follow  the  final  tryal. 

Upon  the  memorial  of  Jonathan  Marsh,  Martyn  Smith  and 
others,  proprietors  and  inhabitants  of  the  township  of  New 
Hartford,  praying  that  the  inhabitants  of  said  town  may  be 
invested  with  town  privileges,  and  that  they  may  imbody  into 
church  estate ;  and  also,  that  the  lands  in  said  town  may  be 
taxed  for  the  procuring  and  purchasing  a  minister's  settle- 
ment, &c.,  as  by  their  memorial  on  file  fully  appears:  This 
[39-i]  Assembly  do  grant,  order  ||  and  enact,  that  the  said 
township,  which  hath  heretofore  by  this  Assembly  been  called 
by  the  name  of  New  Hartford  in  the  county  of  Hartford, 
shall  be  one  entire  town  and  called  by  the  name  of  New  Hart- 
ford aforesaid ;  and  that  the  inhabitants  of  said  New  Hart^ 
ford  be  invested  with  all  such  powers,  authorities  and  privi- 
leges, as  are  proper  to  and  enjoyed  by  other  towns  in  this 
Colony;  and  that  the  said  inhabitants  hereby  have  the  liberty 
and  consent  of  this  Assembly  to  imbody  themselves  into 
church  estate,  with  the  approbation  of  the  neighbour  churches. 

And  this  AssemUy  further  grants,  That  all  the  lands  within 
said  town  of  New  Hartford  which  are  laid  out  shall  be  taxed 
at  two  pence  upon  the  acre,  annually,  for  the  space  of  four 
years  next  after  the  rising  of  this  Assembly  ;  and  that  the  in- 
habitants of  said  town  shall  appoint  a  suitable  person  or  per- 
sons to  collect  the  same,  who  shall  proceed  in  collecting  the 
same  according  to  the  direction  of  the  law  relating  to  society 
collectors  ;  and  such  collector  or  collectors,  upon  failing  to  per- 
form their  trust,  shall  be  proceeded  against  according  to  the 
law  aforesaid.  And  it  is  further  ordered,  that  the  said  tax, 
when  collected,  shall  be  by  such  collector  or  collectors  paid  into 
the  hands  of  Nathaniel  Stanly,  Esq' ,  and  Mr.  John  Austin,  both 
of  Hartford,  who  are  hereby  appointed  a  committee  to  receive 


1738.]  OF      CONNECTICUT.  211 

the  same  ;  and  the  said  tax  shall  by  tliera  be  improved  for  the 
procuring  and  purchasing  a  convenient  settlement  for  the 
minister  in  said  town  who  shall  be  first  ordained  to  preach 
the  gospel  ministry  there. 

An  Act  stating  the  Fare  of  the  Ferry  over  Connecti- 

cutt  River  at  Rocky  Hill  in  Stepney  Parish 

in   Weathersfield. 

Be  it  enacted  hy  the  (xovurnour.  Council  and  Representatives, 
in  G-eneral  Court  assembled,  a)id  by  the  authority  of  the  same, 
That  the  fare  of  the  ferry  at  Rocky  Hill,  in  Stepney  parish 
in  Weathersfiold,  for  the  future  shall  be  six  pence  for  each 
person,  horse  and  load,  and  three  pence  for  each  single  person 
or  horse  ;  any  law,  usage  or  custom  to  the  contrary  notwith- 
standing. And  that  if  any  ferryman  of  the  said  ferry  shall 
presume  to  take  more,  he  shall  be  liable  to  suffer  the  penalty 
already  in  such  cases  provided. 

Forasmuch  as  his  Honour  the  Governour  hath  informed 
this  Assembly  that  Mr.  John  Read  of  Boston,  at  the  desire 
of  certain  persons  of  the  Province  of  the  Massachusetts  Bay 
that  claim  tracts  of  land  in  this  Colony,  came  to  the  late  court 
holden  at  Norwich,  and  there  was  assisting  to  the  agents  of 
this  Colony,  and  hath  also  drawn  some  letters  relating  to  the 
affairs  of  this  government,  cfec. :  Whereupon  this  Assembly 
do  grant  to  the  said  Mr.  Read  the  sum  of  thirty  pounds  ;  and 
his  Honour  the  Governour  is  desired  to  draw  the  same  out  of 
the  publick  treasury  and  send  it  to  Mr.  Read. 

Upon  the  memorial  of  the  inhabitants  of  the  east  part  of  the 
tract  of  land  in  Woodbury  called  their  north  purchase,  shew- 
ing to  this  Assembly  that  their  distance  is  such  from  the 
meeting  house  in  the  first  or  ancient  society  in  said  Wood- 
bury that  it  is  Impracticable  for  them  to  attend  the  worship 
of  God  there  at  some  seasons  of  the  year  ;  and  praying  that 
they  may  have  liberty  of  having  the  gospel  preached  among 
them  for  five  months  in  the  most  difficult  seasons  in  the  year, 
until  they  shall  be  able  to  maintain  it  all  the  year  ;  and  that, 
while  they  maintain  such  preaching,  they  may  be  dismissed 
[395]  from  paying  any  ministerial  charges  ||  in  said  first 
society  :  and  also  that  tiiey  may  be  freed  from  all  charges  of 
repairing  or  building  any  meeting  house  in  said  first  society : 

Resolved  by  this  Assembly,  That  the  memorialists  have  lib- 
erty to  hire  an  orthodox  minister  to  preach  the  gospel  among 
themselves  for  five  months  annually,  (viz.')  November,  Decem- 
ber, January,  February  and  March,  until  they  are  able  to  hire 
such  preaching  all  the  year,  and  that  they  shall  be  dismissed 
from  paying  any  ministerial  charges  to  the  said  first  society, 
while  tiiey  have  such  preaching  among  themselves  ;  and  that 


212  PUBLIC      RECORDS  [Oct. 

they  shall  be  freed  from  all  charges  of  repairing  or  building 
any  meeting  house  in  said  ancient  or  first  society :  provided 
the  said  memorialists  do  not  vote  in  the  affair  relating  to  a 
new  meeting  house  in  said  first  society. 

Upon  the  memorial  of  the  inhabitants  of  New  Concord 
parish  in  Norwich,  shewing  to  this  Assembly  that  the  place 
appointed  for  their  meeting  house  to  be  built  upon  happens  to 
be  upon  the  land  of  Samuel  Gager,  and  the  said  Gager  refusing 
to  give  a  deed  of  said  land  according  as  he  had  formerly  pre- 
tended to  ;  and  praying  to  this  Assembly  that  the  committee 
that  did  formerly  affix  said  place  may  again  repair  to  said 
parish,  and  again  view  and  affix  a  place  to  build  said  house 
on,  and  make  report  to  next  General  Assembly,  at  the  cost 
of  the  memorialists :  Eesolved  by  this  Assembly,  that  Jona- 
than Trumble,  Esq"",  Gershom  Clark,  both  of  Lebanon,  and 
Experience  Porter  of  Mansfield,  do  again  repair  to  said  parish 
and  review  the  said  parish,  and  afiix  the  place  that  shall  ap- 
pear to  them,  considering  all  circumstances,  to  be  most  proper 
and  convenient  for  said  parish  to  build  a  meeting  house  on  for 
said  parish,  and  ma*ls:e  report  to  tjie  General  Assembly  to 
be  held  at  Hartford  in  May  next ;  at  the  cost  of  the  memo- 
rialists. 

Upon  the  petition  of  William  Fountain,  of  Fairfield  county, 
against  Isaac  Hays,  of  Norwalk  in  said  Fairfield  county,  and 
Stephen  Baldwin  and  Eunice  his  wife,  representing  that  the 
said  Hays  &c.  had  their  action  against  him  for  the  surrendeiy, 
of  three  eighth  parts  of  a  certain  tract  of  land  lying  in  said 
Norwalk,  in  the  Seventy  Rods,  so  called,  by  their  writ  dated 
the  ninth  day  of  November,  1737,  and  having  obtained  a  judg- 
ment in  said  adjourned  county  court  against  him,  he,  by  his 
attorney,  had  an  appeal  granted  to  the  superiour  court  then 
next  to  be  held  in  Fairfield ;  and  complaining  that,  by  the 
mistake  of  his  attorney,  (himself  being  out  of  the  govern- 
ment,) the  said  appeal  was  not  entered  in  said  superiour  court 
on  his  })art,  but  by  the  appellees  was  entered,  and  the  said 
judgment  of  the  adjourned  county  court  affirmed  against  him 
in  said  superiour  court ;  praying  this  Assembly  would  revoke 
the  judgment  of  said  superiour  court,  and  all  the  doings  there- 
on, and  that  an  appeal  may  be  had  from  said  adjourned  county 
court  to  the  superiour  court  to  be  held  in  Fairfield  in  and  for 
the  county  of  Fairfield  in  February  next :  Resolved,  that  the 
said  judgment  of  the  superiour  court  be  revoked,  and  is  hereby 
made  void,  with  all  the  doings  thereon ;  and  that  the  said 
William  Fountain  have  an  appeal  in  said  case  to  the  superiour 
court  to  be  held  in  Fairfield  on  the  last  Tuesday  save  one  of 
February  next ;  and  that  the  future  cost  follow  the  final  judg- 


1738.]  OF      CONNECTICUT.  213 

meiit  in  the  case  :  provided  he,  the  said  Fountain,  before  the 
county  court  next  to  be  held  in  Fairfield,  give  in  sufficient 
bond  of  recognizance  to  prosecute  said  action. 

[396]  Upon  the  memorial  of  Isaac  Johnson,  Ebenezer 
Beecher,  and  the  rest  of  the  inhabitants  of  the  parish  of 
Amity,  representing  that  more  than  two-thirds  of  them,  being 
legally  convened,  did  declare  it  necessary  to  build  a  meeting 
house,  and  moving  for  appointment  of  a  committee  to  view  and 
report,  &c.,  as  per  their  memorial  on  file  may  appear:  Re- 
solved by  this  Assembly,  that  James  Wadsworth,  Esq"",  and 
Capt.  Henry  Crane,  both  of  Durham,  and  Capt.  Samuel  Hall 
•of  Wallingford,  be  a  committee,  and  they  are  hereby  appointed 
and  directed,  (at  such  time  as  to  them  shall  be  convenient, 
and  a^t  the  proper  cost  of  the  said  memorialists,)  to  repair  to 
the  said  parish,  and  after  having  there  viewed,  inquired  and 
satisfactorily  informed  themselves  of  the  best  and  most  con- 
venient place  to  erect  said  house  for  the  accomodating  the 
said  inhabitants,  they  are  to  affix  the  place  thereof,  and  make 
report  of  their  doings  in  the  premises  to  this  Assembly  at  their 
session  at  Hartford  in  May  next. 

Upon  the  petition  of  Daniel  Trowbridge,  Joseph  Miles, 
Alexander  Wolcott,  James  Peck,  jun"",  and  Samuel  Brown,  all 
of  New  Haven,  shewing  that  there  having  been  two  sloops, 
the  one  belonging  to  Joshua  Atwater  of  Wallingford  and  John 
White  of  New  Haven,  and  the  other  to  David  Cobb  of  Milford, 
driven  off  to  sea  by  stress  of  weather,  and  that  the  said 
Cobb's  sloop  having  first  been  recovered  at  the  joynt  risk  and 
trouble  of  said  Cob  and  Trowbridge,  the  said  Atwater  applied 
himself  to  said  Cobb  to  lend,  and  having  borrowed  said  Cobb's 
sloop  to  go  in  quest  of  his  own  and  said  White's,  tjiey,  the 
petitioners,  on  the  request  of  said  Atwater  and  White,  enter- 
ing on  board  and  sailing  out  in  said  Cobb's  sloop  in  quest  as 
abovesaid,  until  the  same  without  any  fault  or  neglect  in  them 
was  shipwreckt  and  lost,  had  thereupon,  at  the  suit  of  said 
Cobb,  a  final  judgment  rendered  against  them  for  the  damage 
in  said  loss  sustained  and  cost ;  and  thereupon  praying  that 
said  judgment  may  be  reversed,  and  a  new  tryal  awarded,  and 
that  the  whole  cost  may  follow  said  tryal,  or  that  commission- 
ers with  power  to  summons,  enquire  and  report,  may  be  ap- 
pointed ;  as  per  their  petition  on  file  at  large  appears  :  Re- 
solved by  this  Assembly,  that  a  committee  be  appointed  as 
prayed  for.  And  Samuel  Lynde,  Esq^,  Capt.  Andrew  Burr 
and  Capt.  William  Gold,  or  any  two  of  them,  are  appointed 
commissioners,  and  hereby  fully  impowered  to  summon  all 
parties  and  witnesses  to  appear  before  them  at  time  and  place 
by  them  to  be  appointed,  and  as  a  court  of  chancery  or  equity 


214  PUBLIC       RECORDS  [Oct. 

to  enquire  and  examine  into  all  matters  of  fact  in  said  peti- 
tion alledged,  by  examining  the  parties  and  witnesses  under 
oath  or  otherwise,  (which  oath  the}'  are  also  hereby  impow- 
ered  to  administer.)  And  having  duly  looked  into  the  whole 
affair,  and  duly  weighed  everything  which  to  them  shall  be 
evidential  in  the  premises,  they,  the  said  commissioners,  are 
directed  upon  the  whole  to  consider  by  whom  and  in  what 
manner  and  proportion  the  damage  in  the  loss  of  said  sloop 
ought  to  be  born  or  paid,  together  with  all  the  cost  thereon 
now  already  arisen  and  expended,  or  by  the  end  or  conclusion 
of  such  their  enquiry  to  arise,  according  to  the  rules  of  equity 
and  good  conscience  ;  and  of  what  they  shall  find  touching 
the  premises,  together  with  their  opinion  thereupon,  to  make 
report  to  this  Assembly  at  their  session  at  Hartford  in  May 
next ;  and  at  the  same  time  also  certify  and  transmit  to  this 
Assembly  the  evidence  of  tlie  facts  they  shall  so  report.  And 
tho'  the  cost'  of  said  enquiry  to  be  by  the  petitioners  first 
paid,  yet  [it  j  is  to  be  determined  by  whom  it  shall  finally  be 
born,  according  to  equity  as  abovesaid.  And  that  execution 
of  said  final  judgment  be  suspended  until  the  rising  of  this 
Assembly  in  May  next. 

[397]  Whereas  by  the  report  of  Edmund  Lewiss,  Esq'',  and 
Capt.  John  Riggs,  shewing  to  this  Assembly  that  they,  with 
Capt.  Thomas  Saymour  of  Hartford  and  Mr.  Roger  Newberry 
of  Windsor,  have  made  partition  of  the  land  belonging  to  the 
Governour  and  Company  of  the  Colony  of  Connecticutt  and 
said  towns  of  Hartford  and  Windsor,  commonly  called  and 
known  by  the  name  Wararaaug's  Reserve,  lying  in  the  county 
of  New  Haven,  as  by  said  report  now  before  this  Assembly 
may  appear  ;  and  the  said  Thomas  Saymour  and  Roger  New- 
berry, a  committee  from  said  towns,  have  by  their  deed  under 
their  hands  and  seals,  bearing  date  October  11th,  A.  D.  1738, 
now  lying  before  this  Assembly,  released  one-half  of  said 
Warramaug's  Reserve,  as  by  said  deed  may  fully  appear : 
Whereupon  this  Assembly  do  grant,  ratify  and  confirm,  unto 
the  Honourable  Joseph  Talcott,  Esq"",  Nathaniel  Stanly,  Esq"", 
and  Capt.  Thomas  Saymour,  of  the  town  of  Hartford,  and  to 
Coll.  Mathew  AUyn,  Roger  Wolcott,  Esq^s,  and  Roger  New- 
berry, of  tlie  town  of  Windsor,  and  to  the  rest  of  the  propri- 
etors of  the  said  tract  of  land  belonging  to  the  towns  of  Hart- 
ford and  Windsor,  one-half  part  of  said  tract  of  land  containing 
one  thousand  one  hundred  and  seven  acres,  bounding  north 
by  a  line  beginning  at  a  heap  of  stones  in  the  west  bounds  of 
said  Waramaug's  Reserves,  about  twelve  rods  southward  of  a 
little  brook,  and  from  thence  runs  east  seven  degrees  thirty 
minutes   south  to  a  white  ash  pole   standing   on  the  west  side 


1738.]  OP      CONNECTICUT.  2l5 

of  Shippaiig  river,  having;  an  heap  of  stones  about  the  root 
of  it,  and  is  marked  E  L  and  I  R,  on  the  north  side,  and 
T  S  and  R  N  on  the  south  side,  which  line  is  also  the 
south  bounds  of  the  tract  of  land  in  said  deed  conveyed 
to  the  Governour  and  Company  of  said  Colony ;  and  south  it 
bounds  by  Woodbury  north  purchase,  west  by  New  Milford 
north  purchase,  and  east  by  Shippaug  river;  and  also  the 
Governour  or  Deputy  Governour  are  hereby  directed  to  ex- 
ecute a  patent  thereof  to  them  or  to  their  assigns,  as  they 
shall  direct. 

It  being  represented  to  this  Assembly  that  the  run  of  the 
south  line  of  the  township  of  Kent,  as  it  is  settled  and 
recorded,  excludes  a  corner  of  land  which  of  right  belongeth 
to  the  purchasers  of  that  township  and  should  be  included 
into  the  said  township  of  Kent  by  the  said  south  line: 

Wherefore,  be  it  enacted  hy  the  Governour,  Comicil  and  Rep- 
resentatives, in  General  Court  assembled,  and  by  the  authority 
of  the  same,  That  the  south  line  of  the  said  township  of  Kent, 
notwithstanding  the  settlement  thereof  on  lecordas  aforesaid, 
shall  run  after  the  following  manner,  (viz:')  From  the  south- 
westerly corner  of  the  said  township,  which  is  the  northwest 
corner  of  Fairweather's  land,  so  called,  being  a  white  oak 
tree  marked  and  stones  laid  to  it,  standing  by  the  east  side  of 
the  Ousatunuck  river,  east  with  tlie  north  line  of  the  said 
Fairweather's  land  to  his  northeast  corner,  being  full  six 
miles;  then  south  to  the  southeast  corner  of  said  Fair- 
weather's land,  which  stands  in  the  north  line  of  New  Mil- 
ford  north  purchase ;  then  east  with  the  line  of  said  New 
Milford  north  purchase  to  the  west  bounds  of  Warramaug's 
Reserve ;  then  northeast,  with  the  westerly  line  of  Warra- 
maug's Reserve,  to  the  northwest  corner  thereof,  being  a 
large  heap  of  stones  on  a  rock,  and  a  rock-oak  tree  stand- 
[398]  ing  by  with  stones  ||  in  the  crotch  ;  then  east  forty  de- 
grees thirty  minutes  south,  with  the  line  of  the  said  Warra- 
maug's Reserve,  one  mile  and  a  half  and  eight  rods,  to  an 
heap  of  stones  lying  where  the  east  and  west  branches  of 
Shippaug  river  meet  together,  which  was  said  to  be  the  north- 
east corner  of  Warramaug's  Reserve  and  the  west  bounds  of 
Litchfield. 

Upon  the  petition  of  Charles  Hazleton,  of  Killingsworth 
in  the  county  of  New  London,  shewing  to  this  Asseml)ly  that 
he  bro't  his  action  of  trespass  against  Nathaniel  Williams  of 
said  town  at  the  county  court  held  by  adjournment  at  Nor-' 
wich,  demanding  the  sum  of  £41  Os.  Od.  money,  and  that  judg- 
ment was  rendered  against  him  on  a  silent  demurrer  to  the 
defendant's  plea,  and  that  he  reviewed  unto  the  county  court 


216  PUBLIC      RECORDS  [Oct. 

held  at  New  London  in  said  county  the  second  Tuesday  of 
June  last,  and  that  the  clerk  of  said  court  neglected  to  enter 
said  review,  whereby  he  was  hindered  from  prosecuting  his 
said  action;  and  praying  for  relief  therein:  Resolved  by  tbis 
Assembly,  that  the  petitioner  may  enter  his  review  at  the 
county  court  to  be  held  at,  Norwich  the  fourth  Tuesday  of 
November  next,  and  that  only  the  future  cost  follow  the  final 
judgment. 

Upon  the  petition  of  John  Mills,  of  Stratford  in  the  county 
of  Fairfield,  against  William  Stannard  of  said  Stratford,  com- 
plaining that  the  adjourned  county  court,  held  in  Fairfield  on 
the  second  Tuesday  of  January  last,  denied  him  an  appeal  to 
the  superiour  court  held  in  said  Fairfield  in  February  last 
past,  in  an  action  had  in  said  adjourned  court  by  him  against 
said  Stannard  in  book-debt,  and  that  execution  on  the  jndg- 
raent  of  the  said  adjourned  court  was  obtained  and  levyed 
upon  the  said  Mills  for  six  pounds  six  shillings  and  ten  pence ; 
praying  for  an  appeal  in  said  case,  as  by  his  petition  on  file  : 
Resolved,  that  the  said  John  Mills  shall  have  an  appeal  in 
his  said  action  from  the  judgment  of  the  said  adjourned 
county  court  to  the  superiour  court  to  be  held  in  Fairfield  in 
and  for  said  county  in  February  next;  and  that  in  case  the 
said  Mills  recover  final  judgment  against  said  Stannerd,  he, 
said  Mills,  shall  have  his  whole  cost  of  suit,  including  the 
said  <£6  6s.  lOd.  recovered  by  said  execution  as  aforesaid  : 
provided  the  said  Mills  give  sufficient  bond  to  prosecnte  said 
action  and  answer  all  damages  in  case  he  makes  not  liis  plea 
good  ;  and  that  the  said  bond  be  given  in  recognizance  before 
the  said  county  court  next  to  be  held  in  Fairfield  for  Fairfield 
county.  Cost  allowed  the  jyciitioner  is  £6  12s.  lOtZ.  £x. 
granted  December  11th,  1738. 

Whereas  there  is  several  thousand  pounds  due  from  sundry 
persons  in  this  Colony  to  the  Governour  and  Company,  for 
interest  of  the  loan  money,  and  the  persons  to  [^froni]  whom 
it  is  due  do  neglect  to  pay  the  same  according  to  their  obli- 
gations :  This  Assembly  do,  thereupon,  order  and  direct,  that 
the  Treasurer  of  this  Colony  do  forthwith  proceed  to  put  all 
such  bonds  in  suit  as  are  already  become  due  to  the  Governour 
and  Company ;  and  also  take  effectual  care  that  those  judg- 
ments of  court  already  recovered,  for  money  due  as  aforesaid 
and  not  answered,  be,  with  all  convenient  speed  collected  by 
the  sheriff,  his  deputy,  &c.,  and  paid  in  to  the  Colony  treasury, 
according  to  a  former  act  of  this  Assembly. 

[399]  Resolved  hy  this  Assemhli/,  That  for  the  present  ses- 
sions, and  for  the  future,  each  Assistant  shall  be  allowed  eight 


1738.]  OF      CONNECTICUT.  217 

pence  per  mile  for  his  travel  to  and  from  the  General  Assem- 
bly, and  each  Representative  shall  be  allowed  six  pence  per 
mile  for  his  travel  as  aforesaid ;  any  law,  usage  or  custom  to 
the  contrary  notwithstanding. 

This  Assembly  being  now  informed  that  there  is  in  the 
hands  of  sundry  persons  some  of  the  bills  of  credit  emitted 
by  this  government  which  have  been  by  acts  of  this  Assem- 
bly ordered  to  be  brought  in  and  exchanged  by  the  Treasurer : 
And  for  a  further  relief  to  such  persons  : 

Be  it  enacted  hy  the  Grovernour,  Cou7icil  and  Representatives, 
in  General  Court  assembled^  ayid  hy  the  authority  of  the  same, 
That  the  Colony  Treasurer  shall  exchange  all  such  bills  that 
shall  be  brought  to  him  for  that  end  any  time  before  the  first 
day  of  December  next,  and  no  longer. 

Upon  the  memorial  of  some  of  the  inhabitants  of  East 
Guilford,  shewing  to  this  Assembly  that  the  place  ordered  by 
this  Assembly  to  build  their  meeting  house  is  out  of  the  center 
of  said  parish,  and  that  the  committee  that  affixed  the  same 
were  imposed  upon  in  their  affixing  it  by  a  false  plan ;  pray- 
ing that  the  same  may  be  again  reviewed  and  the  place  again 
affixed  by  a  wise,  judicious  committee,  and  make  report  to  the 
General  Assembly  to  be  held  at  Hartford  iu  May  next:  Re- 
solved by  this  Assembly,  that  Samuel  Lynde,  Esq"",  Capt. 
John  Russell  and  Mr.  John  Lane,  are  hereby  appointed  a 
committee,  with  full  power  to  repair  to  said  parish  and  there 
hear  all  parties  thereon,  view  and  consider  all  circumstances 
relating  thereto,  and  upon  the  whole  proceed  to  affix,  ascer- 
tain and  determine  the  most  proper  and  convenient  place  to 
build  a  meeting  house  on  for  said  parish,  at  the  cost  of  said 
parish,  and  make  report  to  the  General  Assembly  to  be  holden 
at  Hartford  in  May  next. 

Upon  the  petition  of  John  Kellogg,  of  the  society  of  Canaan 
in  the  county  of  Fairfield,  vs.  the  inhabitants  of  said  society, 
praying  to  be  dismissed  from  said  society  and  returned  to  the 
first  society  in  Norwalk  in  said  county :  Resolved  by  this  As- 
sembly, that  the  said  John  Kellogg  be  released  from  said 
society  of  Canaan  and  again  annexed  to,  and  he  with  his 
estate  is  hereby  added  and  annexed  to  the  said  first  society  in 
Norwalk  ;  and  that  for  the  future  he  pay  his  society  taxes  there 
accordingly. 

Upon  the  memorial  of  James  Morgan,  jun'',  of  Groton  in 
the  county  of  New  London,  administrator  on  the  estate  of 
Gershom  Brown,  late  of  said  Groton,  deceas'd,  representing 
to  this  Assembly  that  the  personal  estate  of  the  aforesaid 
deceas'd  was  but  eighteen  shillings,  and  that  the  debts  due 
28 


218  PUBLIC      RECORDS  [Oct. 

from  said  estate,  together  with  the  charge  arising  by  admin- 
istring  thereon,  amounted  to  the  sum  of  <£39  19s.  Id., 
whereby  the  said  estate  was  indebted  X39  Is.  Id.  more  than 
the  personal  estate  amounted  to,  and  that  the  memorialist 
obtained  a  certificate  of  the  late  judge  of  the  court  of  probate 
in  the  county  of  New  London  which  shewed  that  said  estate 
was  indebted  but  <£o5  Is.  Qd.  more  than  the  personal  estate, 
which  ought  to  have  been  £o9  Is.  Id.  in  said  certificate  ;  and 
the  memorialist  not  knowing  but  that  said  certificate  was 
true,  did  by  that  obtain  libei'ty  from  this  Assembly  to  sell  so 
much  of  the  real  estate  of  the  said  deceas'd  as  to  pay  the 
aforesaid  sum  of  X35  Is.  6c?.,  by  which  error  and  mistake 
said  memorialist  was  wronged  X4  Os.  Id.  ;  and  praying  this 
[400]  Assembly  for  liberty  to  sell  so  much  of  the  real  ||  es- 
tate of  the  said  deceas'd,  by  the  direction  of  the  said  court  of 
probates,  as  to  pay  the  sum  of  <£4  Os.  Id.  and  the  necessary 
charge  that  shall  arise  about  the  same  ;  as  by  the  memorial 
on  file,  dated  October  9th,  A.  D.  1738:  Resolved  by  this  As- 
sembly, that  the  memorialist  have  liberty,  by  tlie  direction  of 
the  court  of  probates  in  the  county  of  New  London,  to  sell 
so  much  of  the  real  estate  of  the  said  deceas'd  as  to  pay  the 
aforesaid  sum  of  X4  Os.  Id.  and  the  necessary  charge  that 
shall  arise  about  the  same. 

Upon  the  memorial  of  Samuel  Spencer,  and  others,  living 
in  the  southerly  part  of  the  east  society  in  Midletown,  and  of 
Ebenezer  Smith,  and  others,  of  the  inhabitants  of  Haddam 
Neck  on  the  east  side  of  the  great  river,  praying  for  a  com- 
mittee to  view  their  circumstances  and  see  if  there  can  con- 
veniently be  set  off  a  new  society  from  that  part  of  Midletown 
with  said  Haddam  Neck  :  Whereupon  it  is  resolved,  that 
Capt.  Thomas  Wells,  Mr.  Jonathan  Hale  and  Mr.  Abner 
Mosely,  be  a  committee  to  go  and  view  the  circumstances  of 
said  memorialists  and  the  inhabitants  there,  and  see  if  a 
society  may  conveniently  be  had  as  prayed  for,  and  make 
report  thereof,  with  their  judgment  thereon,  to  this  Assembly 
in  May  next. 

This  Assembly  grants  a  rate  of  one  penny  on  the  pound  on 
all  the  polls  and  rateable  estate  in  this  government,  to  be  paid 
into  the  treasury  in  bills  of  credit  of  this  Colony  with  the 
usual  advance  of  twelve  pence  on  the  pound  ;  or  in  good  bills 
of  credit  of  four  signers  of  the  Massachusetts  Bay,  or  in  bills 
of  eredit  of  New  York,  without  advance  on  them  ;  or  in  silver 
money  as  it  passeth  in  the  country. 

This  Assembly  grants  unto  Mr.  Agent  Wilks  the  sum  of 
one  hundred  and  fifty  pounds  for  his  salary  the  current  year ; 


1738.]  OP      CONNECTICUT.  219 

and  liis  Honour  the  Governour  is  desired  to  draw  the  same 
out  of  the  publick  treasury  and  send  it  to  Boston,  there  to  be 
delivered  aeeording  to  said  Mr.  Wilks's  order. 

This  Asseml)ly  grants  unto  Mr.lSecretary  Wyllys  the  sum 
of  twenty  pounds  for  his  salary  the  current  year. 

Ordered  hij  this  Assembhj,  That  the  Treasurer  of  this  Col- 
ony pay  to  Mr.  Green,  printer,  the  sum  of  thirty-five  pounds 
for  the  moiety  of  his  salary  the  current  year. 

Tills  Assembly  appoints  Capt.  Samuel  Willard  County  Sur- 
veyour  for  the  county  of  New  London. 

On  the  petition  of  John  Cnrtiss  and  Daniel  Colt,  of  New 
London,  vs.  Robert  Allyn,  of  Groton  :  The  question  was  put, 
whether  anything  prayed  for  therein  should  be  granted,  and 
resolved  by  this  Assembly  in  the  negative.  Cost  allrnved  re- 
spondents is   £5  3s.  4:d.     Mv.  granted  June  1st,  1739. 

We,  the  subscribers,  beg  leave  to  inform  this  Honourable 
Assembly  that,  according  to  your  direction  in  October  last, 
we  sold  the  town  on  the  west  of  Colebrook  for  about  £180 
per  lot,  and  not  having  time  that  day  to  finish  the  writings, 
the  next  day  several  of  the  purchasers  declined  it.  We  ad- 
journed till  the  first  Tuesday  in  September  last,  and  told  the 
purchasers  that  at  that  time  we  would  attend  them,  and  if 
they  did  not  then  take  their  deeds  they  would  hazard  their 
lots  to  be  sold  to  others.  But  at  that  time,  they  all  but 
[401]  II  one,  who  had  taken  a  deed  before,  declined  taking 
their  deeds.  We  have  adjourned  to  the  first  Tuesday  of  the 
next  week,  when  we  expect  many  purchasers  will  appear. 
We  pray  the  direction  of  this  Honourable  Assembly  in  the 
affair. 

New  Haven,  November  2d,  1738.  Roger  Wolcott. 

Nath'  Stanly. 

Upon  the  above  report,  resolved  by  this  Assembly,  that  the 
sale  of  the  abovementioned  township  be  deferred  till  this  As- 
sembly shall  give  further  order  in  that  affair. 

Ordered  by  this  Assembly,  That  the  Treasurer  of  this  Col- 
ony pay  unto  John  Richards  the  sum  of  four  pounds  four  shil- 
lings and  one  penny,  in  full  for  his  account  of  sundries,  allowed 
by  this  Assembly,  of  expences  with  the  gentlemen  commis- 
sioners from  Rhoad  Island,  per  order  of  this  Assembly  ;  also 
to  pay  unto  Mr.  Jeremiah  Miller  the  sum  of  ninety  six  pounds 
nineteen  shillings  and  five  pence,  in  full  of  his  account  of  sun- 
dries expended  by  order  of  this  Assembly  in  the  reception  of 
the  gentlemen  commissioners  into  this  government. 

The  Hon^ie  Jonathan  Law,  Esq'',  laid  before  this  Assembly 


220  PUBLIC      EECORDS  [Oct. 

an  account  of  his  expences  and  service  before  the  Court  of 
Commissioners  at  Norwich  :  In  consideration  whereof,  this 
Assembly  grants  to  his  Honour  the  sum  of  forty  pounds,  to  be 
paid  out  of  the  treasury. 

Roger  Wolcott,  Esq^  laid  before  this  Assembly  an  account 
of  his  expences  and  service  before  the  Court  of  Commission- 
ers at  Norwich :  In  consideration  whereof,  this  Assembly 
grants  to  the  said  Roger  Wolcott,  Esq"",  the  sum  of  forty 
pounds,  to  be  paid  out  of  the  treasury. 

This  Assembly  do  appoint  Samuel  Eells,  Esq^,  Roger  Wol- 
cott, Esq"",  Joseph  Whiting,  Esq^,  Capt.  Isaac  Dickerman, 
Captain  Jonathan  Allyn,  Captain  Benjamin  Hall,  Mr.  Robert 
Treat,  Mr.  John  Fowler,  Capt.  Samuel  Bassett,  Capt.  William 
Gold  and  Mr.  Jonathan  Russell,  a  committee  in  the  name  and 
behalf  of  this  Assembly,  to  hear  the  records  of  the  acts  of 
this  Assembly  read  off,  and  see  them  perfected  and  then 
signed  by  the  Secretary  as  compleat. 

Cost  allowed  Samuel  Allyn  of  Windsor  against  George 
Hayes  of  Symsbury,  to  answer  said  Haves's  petition  with- 
drawn, is  £2  16s.  lOd.     Ex.  granted  Feb.  '20th,  173f . 

Cost  allowed  Thomas  Sparks  and  Elisha  Loveland,  of  Glas- 
senbury,  against  Timothy  Smith  of  Hartford,  to  answer  the 
memorial  and  citation  of  said  Smith,  is  <£5  3s.  8d. 

The  records  of  the  several  Acts,  Grants  and  Orders  of  this 
Assembly,  as  they  stand  entered  on  the  pages  of  this  book 
next  preceding,  were  read  off  in  the  presence  of  the  commit- 
tee abovenamed,  and  then  signed. 

George  Wyllys,  Secretly. 


[402]     Anno  Regni  Regis  Creorgii  seeimdi  duodecimo. 

Comiecticut 
Colony. 

At  a  General  Assembly  holden  at  Hartford  in  his  Majes- 
ties English  Colony  of  Connecticut  in  New  England  in 
America,  on  the  second  Thursday  of  May,  (being  the 
10th  day  of  the  said  month,)  and  continued  by  several 
adjournments  until  the  1st  day  of  June  following,  An- 
NOQUE  Domini,  1739.* 

Present : 
The  Honourable  Joseph  Talcott,  Esq^,  Governour. 
The  Honbie  Jonathan  Law,  Esq"",  Deputy  Governour. 

*The  Journal  of  neither  House  is  found. 


1739.]  OP      CONNECTICUT.  221 

Samuel  Eells,  Esq"-,  Timothy  Pierce,  Esq"-. 

Roo-er  Wolcott,  Esq^,  John  Burr,  Esq^ 

James  Wadsworth,  Esq"",  Samuel  Lyncle,  Esq'',       \  Assist- 

Nathaniel  Stanly,  Esq"",  Edmund  Lewiss,  Esq^,    '     atits. 

Joseph  Whitinsr,  EsqS  William  Pitkin,  Esq% 

Ozias  Pitkin,  Esq"",  Roger  Newton,  Esq"", 

Represeyttatives  or  Beputies   that   ivere   returned  to  attend  at 

this  Assembly  are  asfollow\  (viz.) 
Capt.  John  Marsh,  Mr.  Joseph  Buckingham,  for  Hartford. 
Mr.  John  Richards,  Mr.  Jeremiah  Miller,  for  New  London. 
Capt.  Jabez  Huntington,  Mr.  John  Fitch,  for  Windham. 
Mr.  Daniel  Halley,  Mr.  Joseph  Booth,  for  Stratford. 
Mr.  Robert  Treat,  Mr.  Jolm  Fowler,  for  Milford. 
Mr.  Pelatiali  Leet,  Capt.  Samuel  Hill,  for  Guilford. 
Mr.  Nathaniel  Clark,  Mr.  Jedadiah  Chapman,  for  Saybrook. 
Capt.  Caleb  Cone,  for  Haddam. 

Mr.  Josiah  Conant,  Mr.  Cordial  Stores,  for  Mansfield. 
Capt.  James  Bebee,  Mr.  Thomas  Benedict,  for  Danbury. 
Capt.  Israel  Newton,  Mr.  Isaac  Jones,  for  Colchester. 
Mr.  Philip  Eastman,  Mr.  James  Bicknal,  for  Ashford. 
Capt.  Isaac  Dickerman,  Mr.  John  Hitchcock,  for  New  Haven. 
Capt.  Andrew  Burr,  Mr.  Ebenezer  Silliman,  for  Fairfield. 
Mr.  Hezekiah  Huntington,  Mr.  Joseph  Kingsbury,  for  Norwich. 
Mr.  Joseph  Strong,  Capt.  Samuel  Parker,  for  Coventry. 
Mr.  Jonathan  Lane,  Capt.  David  Buel,  for  Killingsworth. 
Capt.  Jonathan  Hoit,  Mr.  Jonathan  Maltbie,for  Standford. 
Capt.  William  Judd,  Mr.  Timothy  Hopkins,  for  Waterberry. 
Mr.  Isaac  Spencer,  for  East  Haddam. 
Capt.  William  Preston,  Mr.  Noah  Hinman,  for  Woodberry. 
Mr.  John  Gris would,  Mr.  Joseph  Lee,  for  Lyme. 
Mr.  Seth  Paine,  Mr.  Jacob  Dana,  for  Pomfrett. 
Mr.  Joseph  Palmer,  Capt.  John  Williams,  for  Stonington. 
[403]   Capt.  Hezekiah  Gaylord,  Mr.  Joseph  Phelps,  for  He- 
bron. 
Mr.  Thomas  Stephens,  Mr.  Isaac  Shepard,  for  Plainfield. 
Mr.  John  Bostwick,  Capt.  Stephen  Noble,  for  New  Milford. 
Capt.  Joseph  Addams,  Mr.  Deliverance  Brown, for  Canterbury. 
Capt.  Christopher  Avery,  Mr.  Dudley  Woodbridge,  for  Groton. 
Mr.  Jabez  Mead,  Mr.  David  Lockwood,  for  Greenwich. 
Capt.  John  Russell,  Capt.  Sam'  Maltbie,  for  Brandford. 
Coll.  David  Goodrich,  Capt.  John  Chester,  for  Weathersfield. 
Capt.  John  Riggs,  Capt.  Samuel  Basset,  for  Darby. 
Mr.  Jabez  Hamlin,  Mr.  Thomas  Johnson,  for  Midletown. 
Mr.  John  Humphrey,  Mr.  James  Case,  for  Symsbury. 
Capt.  Joseph  Piatt,  Mr.  John  Betts,  for  Norwalk. 


222  PUBLIC    RECORDS  [May, 

Capt.  Thomas  Wells,  Mr.  Jonathan  Hale,  for  Glassenbury. 
Mr.  Anthony  Judd,  Mr.  John  Hart,  for  Farmingtown. 
Capt.  Elihn  Chauncey,  Mr.  Robert  Fairchild,  for  Durham. 
Mr.  Ehenezer  West,  Mr.  Jonath"  Trumble,  for  Lebanon. 
Capt.  Theophilus  Yale,  Capt.  Benjamin  Hall,  for  Wallingford. 
Mr.  Jedadiah  Tracy,  Mr.  Nathaniel  Brown,  for  Preston. 
Mr.  Joseph  Leavinz,  Mr.  Joseph  Cadey,  for  Killingly. 
Capt.  Henry  AUyn,  Mr.  Roger  Newberry,  for  Windsor. 

Mr.  Jonathan  Trumble,  Speaker  )  of  the  House  of  Repre- 

Capt.  John  Russell,  Clerk  \  sentatives. 

This  day  Ijeing  appointed  by  the  royal  charter  and  the  laws 
of  this  Colony  for  the  election  of  the  publick  officers  of  this 
corporation,  viz :  Governour,  Deputy  Governour,  Assistants,. 
Treasurer,  and  Secretary, — proclamation  was  made,  and  the 
freemen  proceeded  to  give  in  their  votes  to  persons  appointed 
by  the  Governour,  Council  and  Representatives,  to  receive, 
sort  and  count  them  ;  Avhich  persons  were,  Nathaniel  Stanly, 
Escf,  Joseph  Whiting,  Esq^,  Timothy  Pierce,  Esqr,  John  Burr, 
Esq"",  Samuel  Lynde,  Esq"",  Edmund  Lewiss,  Esq^,  William 
Pitkin,  Esqr,  Roger  Newton,  Esqf,  Capt.  Thomas  Wells,  Capt. 
John  Marsh,  Capt.  James  Beebe,  Capt.  Benjamin  Hall,  Mr. 
John  Fowler,  Mr.  Hezekiah  Huntington,  Mr.  Nathaniel  Clark, 
Mr.  Joseph  Booth,  Capt.  Jabez  Huntington,  Mr.  Josiah  Conant, 
and  Capt.  John  Russell.  And  the  freemen's  votes  being  bro't 
in,  sorted  and  counted, 

[404]  The  Honourable  Joseph  Talcott,  Esq"",  was  chosen 
Governour  of  this  Colony  for  the  year  ensuing  ;  and  the  Gov- 
ernour's  oath,  and  the  oath  required  by  act  of  Parliament, 
relating  to  trade  and  navigation,  were  administred  to  him  in 
the  presence  of  this  Assembly. 

The  Honbie  Jonathan  F^aw,  Esq^,  was  chosen  Deputy  Gov- 
ernour of  this  Colony  for  the  year  ensuing,  and  the  Deputy 
Goveruour's  oath  was  administred  to  him  in  the  presence  of 
this  Assembly. 

Samuel  Eells,  Esq^  Roger  Wolcott,  Esq^,  James  Wadsworth, 
Esqr,  Nathaniel  Stanly,  Esqf,  Joseph  Whiting,  Esq^,  Ozias 
Pitkin,  Esq"",  Timothy  Pierce,  Esq"",  John  Burr,  Esq^,  Samuel 
Lynde,  Esq^  William  Pitkin,  Esq^,  Roger  Newton,  Esq"", 
Ebenezer  Silliman,  Esq"",  were  chosen  Assistants  for  the  year 
ensuing. 

The  Assistant's  oath  was  administred  to  Samuel  Eells, 
Esq'',  Roger  Wolcott,  Esq"",  James  Wadsworth,  Esq"",  Nathaniel 
Stanly,  Esq^,  Joseph  Whiting, Esq'',  Ozias  Pitkin,  Esqr,  Timothy 
Pierce,  Esq"",  John  Burr,  Esq"",  Samuel  Lynde,  Esq"",  William 
Pitkin,  Esq'',  Roger  Newton,  Esq'^,  and  Ebenezer  Silliman, 
EsqS  Assistants,  accordingly. 


1739.]  OF      CONNECTICUT.  '22r3 

John  Whiting,  Esq"",  was  chosen  Treasurer  of  this  Colony 
for  the  year  ensuing,  and  had  the  Treasurer's  oath  adminis- 
tred  to  him  accordingly. 

George  Wyllys  was  chosen  Secretary  of  this  Colony  for  the 
year  ensuing,  and  was  sworn  to  that  office  and  trust  in  the 
presence  of  this  Assembly. 

This  Assembly  do  appoint  the  Honourable  Jonathan  Law, 
Esq"",  to  be  Chief  Judge  of  the  Superiour  Courts  in  this  Col- 
ony the  year  ensuing. 

This  Assembly  do  appoint  Samuel  Eells,  Esq"",  Roger  Wol- 
cott,  Esq"",  James  Wadsworth,  Esq^,  and  Joseph  Whiting, 
Esq'',to  be  Judges  of  the  Superiour  Courts  in  this  Colony  for 
the  year  ensuing. 

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

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

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

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

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

This  Assembly  do  appoint  the  Honourable  Joseph  Talcott, 
Esq"",  to  be  Judge  of  the  Courts  of  Probate  in  the  county  of 
Hartford  for  the  year  ensuing. 

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

[405]  This  Assembly  do  appoint  John  Richards,  Esq"",  to 
be  Judge  of  the  Court  of  Probate  in  the  district  of  New  Lon- 
don for  the  year  ensuing. 

This  Assembly  do  appoint  John  Burr,  Esq"",  to  be  Judge  of 
the  Courts  of  Probates  in  the  district  of  Fairfield  for  the  year 
ensuing. 

This  Assembly  do  appoint  Timothy  Pierce,  Esq!",  to  be 
Judge  of  the  Court  of  Probate  in  the  district  of  Windham 
for  the  year  ensuing. 

This   Assembly   do  appoint   James    Hooker,    Esq"",  to  be 


224  PUBLIC     RECORDS  [May, 

Judge  of  the  Court  of  Probate  in  the  district  of  Guilford  for 
the  year  ensuing. 

This  Assembly  do  appoint  Joseph  Minor,  Esq'",  to  be  Judge 
of  the  Court  of  Probate  in  the  district  of  Woodbury  for  the 
year  ensuing. 

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

This  Assembly  do  appoint  Samuel  Mather,  David  Goodrich, 
William  Wadsworth,  John  Marsh,  Thomas  W6lls,  and  John 
Chester,  Esq^s,  to  be  Justices  of  the  Peace  and  Quorum  in 
and  for  the  county  of  Hartford  for  the  year  ensuing. 

This  Assembly  do  appoint  John  Hooker,  Hezekiah  Wyllys, 
Thomas  Hart,  Henry  Allyn,  Giles  Hall,  Jabez  Hamlin,  Joseph 
White,  Samuel  Olmstead,  John  Bulkley,  Nathaniel  Foot, 
Israel  Newton,  Benjamin  Skinner,  Joseph  Phelps,  John  Bis- 
sell,  Samuel  Chapman,  John  Humphrey,  John  Buel,  Joseph 
Bird,  Hezekiah  Brainerd,  Samuel  Griswould,  and  Jonathan 
Hale,  Esqi'S  to  be  Justices  of  the  Peace  in  and  for  the  county 
of  Hartford  for  the  year  ensuing. 

This  Assembly  do  appoint  Samuel  Bishop,  John  Biggs, 
John  Russell,  Samuel  Hill,  and  Isaac  Dickerman,  Esqf%  to  be 
Justices  of  the  Peace  and  Quorum  in  and  for  tlie  county  of 
New  Haven  for  the  year  ensuing. 

This  Assembly  do  appoint  James  Hooker,  Theophilus  Yale, 
Andrew  Ward,  Janna  Meiggs,  Henry  Crane,  Samuel  Gun, 
Samuel  Hall,  Benjamin  Hall,  John  Bostwick,  Roger  Brown- 
son,  Timothy  Hopkins,  John  Prout,  Thomas  Clark,  William 
Gold,  and  Samuel  Bassett,  Esq""*,  to  be  Justices  of  the  Peace 
in  and  for  the  county  of  New  Haven  for  the  year  ensuing. 

This  Assembly  do  appoint  Joseph  Backus,  Joshua  Hemp- 
stead, John  Griswould,  Hezekiah  Huntington,  and  Christo- 
pher Avery  the  second.  Esq's,  to  be  Justices  of  the  Peace 
and  Quorum  in  and  for  the  county  of  New  London  for  the 
year  ensuing. 

This  Assembly  do  appoint  Abraham  Pierson,  David  Buel, 
John  Lane,  Nathaniel  Clark,  Joseph  Blague,  Richard  Lord, 
Thomas  Lee,  Samuel  Willard,  Thomas  Prentiss,  Jeremiah 
Miller,  John  Richards,  John  Ledyard,  Humphrey  Avery,  Luke 
Perkins,  Daniel  Palmer,  Theophilus  Baldwin,  Hezekiah  Parks, 
John  Cook,  Jabez  Perkins,  Jedadiah  Tracy,  Joshua  Raymond, 
James  Avery,  Increase  Billings,  Isaac  Huntington,  Joseph 
Palmer,  and  Jabez  Hide,  Esq^s  to  be  Justices  of  the  Peace 
in  and  for  the  county  of  New  London  for  the  year  ensuing. 


1739.]  OP      CONNECTICUT.  225 

This  Assembly  do  appoint  Edmund  Lewiss,  Joseph  Piatt, 
Joseph  Minor,  Andrew  Burr,  John  Thompson,  and  Jonathan 
Hoit,  Esqrs,  to  be  Justices  ot  the  Peace  and  Quorum  in  and 
for  the  county  of  Fairfield  for  the  year  ensuing. 

This  Assembly  do  appoint  Samuel  Couch,  Samuel  Handford, 
John  Grigory,  Sanmel  Hoit,  James  Raynolds,  William  Pres- 
[40G]  ton,  James  Beebe,  John  Read,  ||  Ephraim  CurtiSs,  Ben- 
jamin Heacock,  Jonathan  Maltbie,  El)enezer  Mead,  Nathaniel 
Peck,  Joseph  Blackleach,  Noah  Hinman,  Tliomas  Tousey, 
James  Benedict,  Theophilus  Nickols,  James  Lock  wood, 
Thomas  Benedict,  Ebenezer  Smith,  Job  Sherman,  and  Samuel 
Burr,  Esqrs,  to  be  Justices  of  the  Peace  in  and  for  the  county 
of  Fairfield  lor  the  year  ensuing. 

This  Assembly  do  appoint  Joseph  Addams,  Ebenezer  West, 
Jonathan  Huntington,  and  Jonathan  Trumble,  Esq""*,  to  be 
Justices  of  the  Peace  and  Quorum  in  and  for  the  county  of 
AVindham  for  the  year  ensuing. 

This  Assembly  do  appoint  Joseph  Strong,  John  Woodward, 
Joseph  Leavinz,  Peter  Buel,  Josiah  Conant,  Leicester  Grosve- 
nour,  Joseph  Cadey,  John  Crery,  Ebenezer  Dow,  Ebenezer 
Wales,  Thomas  Stores,  and  Jacob  Dana,  and  Benjamin  Bed- 
lake,  Esq''^,  to  be  Justices  of  the  Peace  in  and  for  the  county 
of  Windham  for  the  year  ensuing. 

Ordered  hy  this  Assembly^  That  Samuel  Eells,  Esq"",  and  Jo- 
seph Whiting,  Esq"",  return  the  thanks  of  this  Assembly  to 
the  Reverend  Mr.  Timothy  Woodbridge,  for  his  sermon  deliv- 
ered before  this  Assembly  on  the  10th  instant,  and  desire  a 
copy  thereof,  that  it  may  be  printed. 

This  Assembly  do  establish  and  confirm  Mr.  Benjamin  Fenn 
to  be  Lieutenant  of  the  Troop  in  the  county  of  New  Haven, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Bassett, 
to  be  Cornet  of  the  Troop  in  the  county  of  New  Haven,  and 
order  that  he  be  commissioned  accordingly. 

This  Assemljly  do  establish  and  confirm  Mr,  Samuel  Eells, 
junf,  to  be  Quarter  Master  of  the  Troop  in  the  county  of  New 
Haven,  and  order  that  he  be  commissioned  accordingly. 

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

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

This  Assembly  do  establish  and  confirm  Mr.  Thomas  Bene- 
29 


226  PUBLIC     BECOEDS  [May, 

diet  to  be  Lieutenant  of  the  first  company  or  trainband  in  tlie 
town  of  Norwalk,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  John  Wattle 
to  be  Captain  of  the  company  or  trainband  at  the  parish  of 
Goshen  in  the  town  of  Lebanon,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  James  Fitch 
to  be  Ensign  of  the  company  or  trainband  at  the  parish  of 
Goshen  in  the  town  of  Lebanon,  and  order  that  he  be  commis- 
sioned accordingly. 

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

[407]  This  Assembly  do  establish  and  confirm  Mr.  Theoph- 
ilus  Rossiter  to  be  Captain  of  the  north  company  or  trainband 
in  the  town  of  Guilford,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  Mr.  Thomas  Gould  to  be  Lieu- 
tenant of  the  north  company  or  trainband  in  the  town  of  Guil- 
ford, and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Timothy  Bald- 
win to  be  Ensign  of  the  north  company  or  trainband  in  the 
town  of  Guilford,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

This  Assembly  do  appoint  Mr.  Fletcher  Newton  to  be  Lieu- 
tenant of  the  first  company  or  trainband  in  the  town  of  Mil- 
•  ford,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  appoint  Mr.  Joseph  Treat  to  be  Ensign  of 
the  first  company  or  trainband  in  the  town  of  Milford,  and  or- 
der that  he  be  commissioned  accordingly. 

This  Assembly  do  appoint  William  Whiting  to  be  Captain 
of  the  sixth  company  or  trainband  in  the  town  of  Norwich, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  appoint  Gibson  Harriss  to  [be]  Lieutenant 
of  the  sixth  company  or  trainband  in  the  town  of  Norwich, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  appoint  Elisha  Lothrop  to  be  Ensign  of 


1739.]  OF    -CONNECTICUT.  227 

the  sixth  company  or  trainband  in  the  town  of  Norwich,  and 
order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jonathan  Malt- 
bie  to  [be]  Captain  of  the  second  company  or  trainband  in 
the  town  of  Standford,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  appoint,  establish  and  confirm,  Mr.  Sam- 
uel Knapp  to  be  Lieutenant  of  the  second  company  or  train- 
band in  tlic  town  of  Standford,  and  order  that  he  be  commis 
sioned  accordingly. 

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

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

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

THiis  Assembly  do  establish  and  confirm  Mr.  Deliverance 
Brown  to  be  Captain  of  the  second  company  or  trainband  in 
the  town  of  Canterbury,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  James  Brad- 
ford to  be  Lieutenant  of  the  second  company  or  trainband  in 
the  town  of  Canterbury,  and  order  that  he  be  commissioned 
accordingly. 

[408]  This  Assembly  do  establish  and  confirm  Mr.  Henry 
Cleveland  to  be  Ensign  of  the  2d  company  or  trainband  in  the 
town  of  Canterbury,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Lo- 
throp  to  be  Captain  of  the  fourth  company  or  trainband  in  the 
town  of  Norwich,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

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

This  Assembly  do  establish  and.  confirm  Mr.  John  Avery  to 


228  PUBLIC     RECORDS  [May, 

be  Lieutenant  of  the  first  company  or  trainband  in  the  town 
of  Preston,  and  order  that  he  be  commissioned  accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Isaac  Kelsey  to 
be  Captain  of  the  company  or  trainliand  at  the  north  society  in 
Killingsworth,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel  Par- 
mele  to  be  Lieutenant  of  the  company  or  trainband  at  the 
north  society  in  the  town  of  Killingsworth,  and  order  that  he 
be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel  Hull 
to  be  Ensign  of  the  company  or  trainband  at  the  north  society 
in  the  town  of  Killingsworth,  and  ordei;  that  he  be  commis- 
sioned accordingly. 

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

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

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Mur-' 
dock  to  be  Cornet  of  the  Troop  in  the  county  of  Windham, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Isaac  Cutler  to 
be  Captain  of  the  company  or  trainband  in  the  first  society  in 
the  town  of  Killingly,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Dan- 
ielson  to  be  Lieutenant  of  the  company  or  trainband  at  the 
first  society  in  the  town  of  Killingly,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Cutler 
to  be  Ensign  of  the  company  or  trainband  at  the  first  society 
in  the  town  of  Killingly,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Boughton 
to  be  Lieutenant  of  the  2d  company  or  trainljand  in  the  town 
of  Banbury,  and  order  that  he  be  commissioned  accordingly. 

[409]  This  Assembly  do  establish  and  confirm  Mr.  Thomas 
Stephens  to  be  Ensign  of  the  2d  company  or  trainband  in  tlie 
town  of  Banbury,  and  order  that  he  be  commissioned  accord- 
ingly. 


1739.]  OP      CONNECTICUT.  229 

This  Assembly  do  establish  and  confirm  Mr.  Nathan  Bald- 
win to  be  Captain  of  the  2d  company  or  trainband  in  the  town 
of  Newtown,  and  order  that  he  be  cymmissioned  accordingly. 

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

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

This  Assembly  do  establish  and  confirm  Mr.  John  Come- 
stock  the  2d,  to  be  Ensign  of  the  5th  company  or  trainband 
in  the  town  of  Lyme,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembl}^  do  establish  and  confirm  Mr.  Joseph  Ranney 
to  be  Lieutenant  of  the  first  company  or  trainband  in  the  town 
of  Midletown,  at  the  north  society,  and  order  that  he  be  com- 
missioned accordingly. 

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

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

This  Assembly  do  establish  and  confirm  Mr.  Francis  Fenton 
to  be  Ensign  of  the  company  or  trainband  in  the  town  of  Wil- 
lington, and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Philip  Abbott  to 
be  Lieutenant  of  the  third  company  or  trainband  in  the  town 
of  Windham,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Stephen  Fuller 
to  be  Ensign  of  the  3d  company  or  trainband  in  the  town  of 
Wi]idham,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  appoint  Samuel  Lynde,  Esq'',  Ebenezer 
Silliman,  Esq"",  Messrs.  Jabez  Hamlin,  Jonathan  Hale,  Elihu 
Chauncey,  John  Betts,  Jedadiah  Chapman  and  Robert  Treat, 
to  be  Auditors  to  audit  the  Colony  accounts  with  the  Treas- 
urer, and  make  report  of  their  doingis',  under  their  own  hands 
and  the  hand  of  the  Treasurer,  to  this  Assembly  in  their  pres- 
ent sessions. 

This  Assembly  being  informed  by  Mr.  Treasurer  Whitmg 
that  there  is  a  considerable  quantity  of  the  interest  money 
brought  into  the  treasury  that  is  of  the  old  emission,  viz.  of 
star,  wheel,  &c.,  which  l)y  act  of.  this  Assembly  ought  to  be 


230  PUBLIC     RECORDS  [May, 

exchanged  and  consumed  ;  and  also,  that  there  is  in  the  treas- 
ury a  considerable  quantity  of  the  old  tenor  bills  that  have 
been  lodged  in  the  treasury  a  long  time,  under  the  denomina- 
tion of  exchange  bills,  which  also  by  act  of  this  Assembly  are 
not  to  pass  any  longer : 

Resolved  by  this  Assembh/,  That  the  present  auditors  shall 
take  a  particular  account  of  each  parcel  thereof  in  this  present 
audit,  and  having  counted  the  same  the  said  auditors  are  di- 
rected to  consume  them  to  ashes. 

[410]  This  Assembly  being  informed  that,  notwithstanding 
the  act'  passed  in  October  last,  directing  the  Treasurer  to  ex- 
change several  sorts  of  the  bills  of  credit  emitted  by  [this] 
Assembly,  yet  many  of  said  bills  are  not  yet  bro't  in  and  ex- 
changed: Whereupon  this  Assembly  do  order  the  Colony 
Treasurer,  during  the  sitting  of  this  Assembly  and  no  longer, 
to  receive  all  such  bills  as  might  have  been  exchanged  by  him 
by  the  said  act  of  October  last,  and  in  lieu  of  such  bills  the 
Treasurer  shall  pay  out  of  those  bills  put  into  the  treasury  for 
the  exchanging  of  those  bills  ordered  to  be  bro't  in  by  this 
Assembly. 

Ordered  by  this  Assembly,  That  the  present  auditors  do  re- 
ceive of  the  Treasurer  the  bills  of  credit  made  on  the  new 
plate  and  others  brought  in  for  the  interest  money  that  are  so 
torn  and  defaced  as  not  fit  for  further  service,  and  to  burn 
them  to  ashes,  and  make  report  thereof  to  this  Assembly  in 
their  present  audit. 

This  Assembly  being  informed  that  a  certain  piece  of  land 
in  the  county  of  Windham,  being  in  length  about  three  miles 
and  is  bounded  eastwardly  by  Rhoad  Islan'd  line,  northerly 
by  Killingly,  westerly  by  Plainfield,  and  southerly  by  Volun- 
town,  is  not  in  any  town  but  still  remains  a  peculiar,  whereby 
great  damages  and  disorder  happens  to  the  inhabitants  settled 
on  the  said  piece  of  land :     Which  to  prevent, 

Be  it  enacted  by  the  Grovernour,  Council  and  Represe^itatives, 
in  General  Coiwt  assembled,  and  by  the  authority  of  the  same, 
That  the  said  tract  of  land  be  annexed  to  the  town  of  Yolun- 
town,  and  the  said  land  is  hereby  annexed  to  the  town  of 
Voluntown,  and  shall  be  a  part  of  that  town. 

An  Act  in  further  Addition  to  an  Act  entituled  An  Act 
for  Highways. 

This  Assembly  being  informed  that  the  highways  and  country 
roads  are  not  suitably  repaired,  for  that  many  persons  who  by 
law  ought  to  work  in  them  rather  chuse  to  pay  their  fine,  (the 
same  being  but  small,)  than  to  labour  in  the  highways  by 
order  of  the  surveyour  :     Which  mischief  to  prevent. 

Be  it  enacted  by  the  Grovertiour,  Council  ayid  Representatives, 


1739.]  OP      CONNECTICUT.  231 

in  Creneral  Court  assembled,  and  by  the  autJwrity  of  the  same, 
That  if  any  person  obliged  by  law  to  work  in  the  highways, 
and  be  thereunto  lawfully  warned,  shall  i-efuse  or  neglect  to 
attend  such  service  according  to  the  warning  given,  he  shall 
forfeit  for  every  days  neglect  six  shillings  money  for  a  person, 
and  twelve  shillings  for  a  man  and  team ;  which  forfeiture 
shall  be  recovered  and  improved  as  in  said  act  is  provided  ; 
any  law,  usage  or  custom  to  the  contrary  notwithstanding. 

Ordered  by  this  Assembly,  That  the  ballance  of  Mr.  Thomas 
Hancock's  account  with  the  Colony,  {viz:')  seven  pounds  ten 
shillings  and  four  pence  half-penny,  be  paid  out  of  the  pub- 
lick  treasury. 

Upon  tlie  memorial  of  the  inhabitants  of  the  southerly  part 
of  l^idletown  on  the  east  side  of  Connecticut  River,  and  that 
pai't  of  Haddani  called  the  Neck:  Resolved  by  this  Assembly, 
that  said  southerly  part  of  the  east  society  in  Midletown, 
with  that  part  of  Haddam  called  Haddam  Neck,  beginning  at 
the  west  end  of  the  long  lots  at  the  great  highway  near  the 
great  river  on  the  north  side  of  Serjeant  Thomas  Hale's  land, 
and  from  thence  running  east  to  the  end  of  said  long  lots  to 
another  highway ;  thence  running  southwardly,  as  said  high- 
way runs,  until  it  intersects  a  west  line  drawn  from  the  north- 
west corner  of  Pine  Swamp,  as  it  lyetli  in  Midletown  ;  thence 
running  south,  as  said  Pine  Swamp  lyeth,  to  Midletown  south 
[411]  II  line ;  thence  west,  as  Midletown  south  line  runs,  till 
it  comes  to  Salmon  River,  so  called ;  thence  running  as  said 
Salmon  River  runs,  until  it  eraptieth  itself  into  the  great  river 
called  Connecticutt  River,  the  whole  bounding  westwardly 
on  said  great  river,  shall  be,  and  is  hereby  made,  a  distinct 
ecclesiastical  society ;  and  all  the  powers  and  privileges  com- 
mon to  such  a  society  are  hereby  granted  to  the  inhabitants 
thereof.  And  the  said  society  shall  forever  hereafter  be  called 
and  known  by  the  name  of  Midle-Haddam. 

Upon  the  memorial  of  the  parish  of  Midlesex  in  Fairfield 
county,  shewing  to  this  Assembly  that  a  committee  was  ap- 
pointed by  this  Assembly  in  their  sessions  in  October  last,  to 
fix  and  ascertain  a  place  in  said  parish  to  build  a  meeting 
house  upon,  and  ordered  them  to  make  report  of  their  doings 
in  the  premises  to  said  Assembly  in  their  sessions  aforesaid ; 
which  said  committee  did  make  their  report  as  aforesaid,  but 
by  some  means  said  report  was  lost  before  it  had  passed  both 
houses  ;  praying  this  Assembly  to  appoint  another  committee 
for  the  purposes  aforesaid :  Resolved  by  this  Assembly,  that 
John  Prout,  Esq"",  Messrs.  Jonathan  Allyn  and  Joseph  Mix, 
all  of  New  Haven,  be  a  committee,  at  the  cost  of  the  memo- 
rialists, to  repair  to  said  parish,  view  their  circumstances, 


232  PUBLIC     RECORDS  [May, 

hear  the  parties,  and  affix  and  ascertain  a  place  in  said  parish 
for  the  erecting-  a  meeting  house  upon  for  divine  service,  and 
malvc  report  to  this  Assembly  in  their  present  sessions  of  their 
doings  in  the  premises. 

Upon  the  memorial  of  the  society  on  the  east  side  of  the 
great  river  in  Hartford,  shewing  that  there  is  a  necessity  of  a 
new  meeting  house  to  be  built  in  said  society,  for  divine  wor- 
ship ;  praying  this  Assembly  to  appoint  a  committee  to  affix  a 
place  for  the  building  a  new  meeting  house  on,  and  to  make 
report  to  this  Assembly  in  their  present  sessions :  Where- 
upon this  Assembly  do  appoint  Ebenezer  West,  Esq"",  of  Leba- 
non, Mr.  Joseph  Kingsbury  of  Norwich,  and  Capt.  John 
Fowler,  a  committee  to  repair  to  said  society,  view  their  situa- 
tion, hear  the  persons  concerned,  and  affix  the  place  for  build- 
ing a  new  meeting  house  on  for  said  society,  and  to  make*i-e- 
port  thereof  to  this  Assembly  in  their  present  sessions. 

Upon  the  memorial  of  the  inhabitants  of  North  Haven  so- 
ciety, by  their  agent  John  Grannis  of  said  parish,  shewing  to 
this  Assembly  that  the  said  inhabitants,  at  tiieir  meeting  in 
said  parish  May  the  llth,  1739,  did  by  their  vote,  wherein 
more  than  two-thirds  were  in  the  affirmative,  agree  to  build  a 
meeting  house  for  the  publick  worship  of  God  in  said  parish, 
and  praying  this  Assembly  to  appoint  a  committee  to  repair 
to  said  parish,  and  to  view  the  circumstances  thereof,  and  to 
affix  and  ascertain  a  place  for  said  parishioners  to  build  their 
meeting  house  upon  :  This  Assembly  do  appoint  Capt.  Samuel 
Hall,  Capt.  Thomas  Miles  and  Mr.  Gideon  Ives,  to  be  a  com- 
mittee for  the  aforesaid  purpose,  and  to  make  return  of  their 
doings  to  this  Assembly  in  their  present  sessions. 

Upon  the  memorial  of  Samuel  Hickcock,  &c.,  inhabitants 
of  the  parish  of  Westberry  in  the  town  of  Watcrbury  in  New 
Haven  county,  representing  to  this  Assembly  in  their  present 
session  holden  at  Hartford  in  May,  1739,  that  in  October  last 
past  they  were  made  a  separate  society,  and  being  desirous  to 
embody  in  church  estate  and  build  a  meeting  house  in  said 
society,  praying  to  this  Assembly  that  they  may.  with  the  ap- 
probation of  the  neighbouring  churches,  embody  in  church 
estate;  and  also,  that  whereas  more  than  two-thirds  of  said 
[412]  society  by  their  vote  at  their  society  meeting  held  in  || 
said  parish  on  the  first  Monday  of  December,  173b,  agreed  to 
build  a  meeting  house  in  said  parish  for  the  publick  worship 
of  God,  pray  that  a  committee  by  this  Honourable  Assembly 
may  be  appointed  to  affix  the  place,  &c. :  Granted  by  this 
Assembly,  that  Capt.  Benjamin  Hall,  Capt.  William  Preston 
and  Capt.  Joseph  Thompson,  be  a  committee,  as  prayed  for, 
to  repair  to  said  parish  and  view  the  same,  and  hear  the  parties, 


1739.]  OP      CONNECTICUT.  233 

and  affix  tlie  place  to  build  said  house,  wliere  it  may  best  ac- 
commodate said  parish,  and  report  their  doings  to  this  As- 
sembly in  Octol)er  next.  Aud,  having  ol)taiiicd  tlie  approba- 
tion of  the  neighboring-  churches,  said  parisli  may  embody  in 
church  estate. 

Upon  the  memorial  of  the  inhabitants  of  Ellington  parish 
in  Windsor,  praying  to  this  Assembly  to  appoint  a  committee 
to  affix  a  place  for  said  inhabitants  to  build  their  meeting 
house  upon  in  said  parish:  Resolved  by  this  Assembly,  that 
Capt.  Thomas  Wells,  Capt.  Joseph  Pitkin  and  Capt.  Jonathan 
Hills,  be  a  committee  to  repair  to  said  parish  and  view  the 
situation  of  the  inhabitants  there,  and  ascertain  a  place  in 
said  parish  whereon  they  may  build  a  meeting  house  for  di- 
vine worship,  and  make  return  thereof  to  this  Assembly  in 
their  present  sessions. 

Upon  the  memorial  of  Thomas  Dexter  of  Ashford,  admin- 
istrator on  the  estate  of  Zuriel  Dexter  late  of  Mansfield,  de- 
ceas'd,  shewing  to  this  Assembly  that  tlie  debts  of  the  said 
deceas'd  and  charges  due  from  his  estate  amounts  to  the  sum 
of  three  hundred  ten  pounds  six  shillings  and  eight  pence 
more  than  his  personal  estate,  and  praying  for  power  to  enable 
him,  with  the  direction  of  the  court  of  probates  in  Windham 
county,  to  sell  so  much  of  the  real  estate  of  the  said  deceas'd 
as  will  pay  said  X310  6s.  d>d.  with  the  necessary  charges 
thereon :  Resolved  by  this  Assembly,  that  the  said  Thomas 
Dexter  be,  and  he  hereby  is,  impowred,  by  and  with  the  di- 
rection of  the  said  court  of  probates,  to  sell  so  much  of  the 
real  estate  of  the  deceas'd,  aforesaid,  as  shall  be  sufficient  to 
pay  the  said  X310  Qs.  8d.  as  also  the  necessary  charges  arising 
thereon. 

On  the  memorial  of  Samuel  Pitcher,  Ezra  Terrill,  Joseph 
Hurlbutt,  John  Baker,  and  others,  inhabitants  of  the  west  end 
of  the  north  purchase  in  Woodbury  first  society,  praying  for 
liberty  to  hire  the  gospel  preached  to  and  amongst  them  in  said 
west  end  six  montlis,  annually,  for  the  term  of  two  years  next 
succeeding,  and  also  to  be  released  from  paying  the  one  half 
of  their  ministerial  taxes  to  said  society  for  said  term,  and 
exempted  from  paying  anything  towards  a  new  meeting  house 
that  may  be  built  in  said  first  society :  Resolved  by  this  As- 
sembly, that  the  memorialists  and  inhabitants  in  said  west  end 
of  said  nortli  purchase  may,  and  hereby  have  granted  unto 
them  the  liberty  of  hiring  the  gospel  preached  to  and  among 
them  for  the  space  of  six  months,  annually,  for  two  years 
next  coming ;  and  they  shall,  and  hereby  are  released  from 
paying  any  more  than  the  one  half  of  their  ministerial  charges 

30 


234  PUBLIC     RECORDS  [May, 

to  said  first  society  for  said  two  years  ;  and  are  also  exempted 
and  excused  from  paying  anything  towards  building  a  new 
meeting  house  in  said  first  society.  -Always  provided,  that 
the  inhabitants  of  the  said  west  end  of  said  north  purchase 
are  no  ways  active  in  the  affair  of  building  a  new  meeting- 
house in  said  first  society  ;  and  provided  that  said  inhabitants 
do  hire  an  orthodox  minister  to  preach  the  gospel  amongst 
them  in  said  west  end  six  months  annually  for  said  two  years. 
[413]  Upon  the  memorial  of  the  selectmen  of  Killingly  in 
the' county  of  Windham,  shewing  to  this  Assembly  that  the 
memorialists  were  directed  by  an  order  of  the  county  court 
held  at  Windham  the  fourth  Tuesday  of  June,  A.  D.  1727, 
to  take  into  their  care  the  estate  of  one  Esther  Leavinz  of 
Killingly  aforesaid,  an  idiot. person,  and  to  see  that  it  should 
be  improved  to  the  best  advantage  for  the  support  and  main- 
tenance of  said  idiot,  and  that  the  said  Esther  Leavinze  hath 
been  and  is  likely  to  continue  a  considerable  charge,  and  that 
she  hath  no  estate  but  lands  that  are  unimproved,  and  praying 
that  thirty-three  acres  of  the  said  Esther's  lands  may  be  sold 
for  her  support,  &c. :  This  Assembly  do  order,  that  thirty- 
three  acres  of  the  said  idiot's  land  be  sold,  and  do  hereby 
appoint  Messrs.  Isaac  Cutler,  Shepard  Fisk  and  Wm.  Leonard, 
or  any  two  of  them,  to  sell  the  same,  and  the  money  to  deliver 
to  the  present  selectmen  of  the  town  of  Killingly,  to  be  im- 
proved for  defraying  the  past  charges  and  future  support  of 
said  idiot. 

An  Act  directing  ho^/■v  the  Members  of  the  late  New 
i^ondon   Society  who,  according   to  the  Act  of  this 
Assembly    made    in    May   in   the   sixth   Year  of  his 
Majesties  Reign,  have  niortgaged  their  Lands  to  the 
Governour  and  Conipany  of  this  Colony  shall  obtain 
Releases  of  their  several  Mortgages. 
Whereas  many  of  the   members  of  the   late  New  London 
Society  have  mortgaged  their  lands  to  the  Governour  and 
Company  of  this  Colony  for  the  several  sums  of  money  by 
them  had  and  received  of  the  Treasurer  of  the  said  Colony, 
pursuant  to  the  act  of  this  Assembly  above  referred  to  ;  and 
notwithstanding  the  provision  made  by  said  act  for  the  re- 
demption of  the  said  mortgages,  great  difficulties  have  arisen, 
by  reason  that  certain  committees  by  the  said  members  of 
said  society  have  given  their  bonds  for  the  payment  of  the 
'annual  interest  of  the  several  sums  of  money  which  the  said 
mortgagers  received  as  aforesaid,  and  for  which  the  said  mort- 
gages were  made ;  and  there  being  no  method  yet  provided  in 
the  law  for  the  discharging  such  committees  giving  sucli  bonds 
from  the  payment  of  the  interest  of  the  several  sums  borrowed, 
as  aforesaid,  included  in  their  bonds  aforesaid :  For  the  pre- 


1739.]  OF      CONNECTICUT.  235 

vention  whereof,  and  that  the  said  mortgages  may  be  released 
and  the  said  committees  indemnified, 

Br  it  enacted  hij  the  G-overnoiii\  Council  and  Representatives, 
in  General  Court  assembled^  and  hij  the  authority  of  the  same, 
That  any  of  the  aforesaid  members  of  the  late  New  London 
Society,  that  have  taken  any  of  the  said  money  and  made  their 
mortgages  of  their  lands  as  aforesaid,  shall  at  any  time,  upon 
their  being  at  tlie  charge  thereof  and  paying  the  principal 
sum  received  into  the  liands  of  the  Treasurer  of  said  Colony, 
and  also  paying  the  interest  of  the  said  sum  unto  the  commit- 
tee or  committees  who  gave  the  bonds  aforesaid  in  which  the 
said  interest  is  included,  and  pay  tlie  past  cost  thereon,  and 
secure  what  their  proportionable  part  may  be  of  future  losses, 
and  producing  a  certificate  under  the  hands  of  such  committee 
that  the  said  interest  is  fully  paid  to  that  time  and  all  the 
costs  arisen  thereon,  if  any  there  be,  and  security  for  what 
future  losses  may  appear,  shall  and  may  be  released  and  dis- 
charged ;  and  upon  such  mortgager  or  mortgagers  producing 
a  certificate,  under  the  hand  of  the  Treasurer  aforesaid, 
that  the  sum  or  sums  in  the  condition  of  his  or  their  mort- 
gages are  fully  paid  to  him,  and  also  producing  a  certificate 
under  the  hands  of  such  committee,  as  aforesaid,  that  the  said 
interest  is  fully  paid  to  them  to  that  time,  he  or  they,  or  his  or 
[414]  their  ||  heirs,  shall  obtain  a  deed  of  release  of  the  lands 
so  mortgaged,  under  the  hand  of  the  Governour,  &c.,  as  is 
provided  in  and  by  the  act  before  in  this  act  referred  to  ;  and 
that  the  interest  of  such  principal  sum  so  paid  to  the  said 
Treasurer  shall  thenceforward  for  the  future  cease  ;  and  the 
Treasurer  aforesaid,  or  Secretary,  in  either  of  whose  hands 
the  bonds  shall  be,  is  hereby  ordered  to  endorse  the  interest 
of  such  sum  upon  the  several  remaining  bonds  of  that  com- 
mittee or  number  of  men  who  gave  their  bonds  for  the  pay- 
ment of  such  mortgagers  interest.  And  no  execution  for  any 
interest  shall,  from  and  after  such  release,  be  issued  out  of  the 
clerk's  office  of  the  court  of  commissioners  lately  held  at  New 
London  respecting  the  affairs  of  said  mortgagers,  nor  levyed 
against  such  mortgager  who  has  so  obtained  a  release  of  such 
mortgage  ;  any  law,  usage  or  custom  to  the  contrary  notwith- 
standing. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Butler 
to  be  Ensign  of  the' north  company  or  trainband  in  the  town 
of  Weathersfield,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  grants  to  his  Honour  the  Governour  the  sum 
of  four  hundred  pounds,  to  be  paid  out  of  the  Colony  treasury, 


236  PUBLIC    EECORDS  [May, 

for  his  salary  the  current  year ;  to  be  drawn  out  the  one  half 
at  this  time,  and  the  remainder  in  October  next. 

Tliis  Assembly  grants  to  his  Honour  the  Deputy  Governour 
the  sum  of  two  hundred  pounds,  to  be  paid  out  of  the  Colony 
treasury,  for  his  salary  the  current  year ;  to  be  drawn  out  the 
one  half  at  this  time,  and  the  remainder  in  October  next. 

This  Assembly  do  grant  to  Mr.  Agent  Wilks  the  sum  of  one 
hundred  and  fifty  pounds  for  his  salary  the  current  year,  and 
that  his  Honour  the  Governour  be  desired  to  draw  the  same 
out  of  the  publick  treasury  and  transmit  it  to  the  agent's  re- 
ceiver in  Boston. 

This  Assembly  grants  to  Mr.  Timothy  Green,  printer,  the 
sum  of  thirty-five  pounds  out  of  the  Colony  treasury,  for  his 
half  years  salary. 

Upon  the  memorial  of  Martin  Kellogg,  shewing  that  he, 
with  two  more  persons  with  him,  had  in  October  last  gained 
a  conference  with  certain  strange  Indians  in  the  neighbour- 
hood of  New  Hartford,  and  thereby  he  had  quieted  his  Majes- 
ties subjects  settled  on  the  western  lands :  Whereupon  this 
Assembly  do  grant  and  order,  that  there  shall  be  paid  out  of 
the  publick  treasury,  for  the  said  service,  the  sum  of  fourteen 
pounds  and  fourteen  shillings ;  whereof  shall  be  to  the  said 
Kellogg  the  sum  of  seven  pounds  and  ten  shillings,  and  the 
remainder  of  said  fourteen  pounds  and  fourteen  shillings  shall 
be  to  those  persons  that  attended  the  said  Kellogg. 

[415]  This  Assembly  do  establish  and  confirm  Mr.  George 
Richards  to  be  Captain  of  the  second  company  or  trainband 
in  the  town  of  New  London,  and  order  that  he  be  commis- 
sioned accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  John  Colelbx 
to  be  Ensign  of  the  second  company  or  trainband  in  the 
town  of  New  London,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Hezekiah 
Hooker  to  be  Captain  of  the  4th  company  or  trainband  in 
the  town  of  Woodbury,  and.  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Steel  to 
be  Lieutenant  of  the  4th  company  or  trainband  in  the  town  of 
Woodbury,  and  order  that  he 'be  commissioned  accordingly. 


1739.]    •  OF      CONNECTICUT.  287 

This  Assembly  do  establish  and  confirm  Mr.  Caleb  Wheeler 
to  be  Ensign  of  the  4th  company  or  trainband  in  the  town  of 
"Woodbury,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  grants  to  John  Bulkley  of  Colchester,  Esq^, 
the  sum  of  twenty  pounds  out  of  the  Colony  treasury,  for  his 
service  at  the  commissioners'  court  at  Norwich  as  agent  for 
said  Colony. 

This  Assembly  do  appoint  Mr.  Aaron  Eliot  of  Killings- 
worth  a  County  Surveyour  in  the  county  of  New  London,  in 
tlie  room  of  Capt.  Samuel  Willard. 

Ordered  hy  this  Assembly^  That  the  Treasurer  of  this  Colony 
pay  out  of  the  publick  treasury  unto  Mr.  Daniel  Huntington, 
junr,  the  sum  of  seventeen  pounds  five  shillings  and  two  pence, 
for  the  services  mentioned  in  his  account  now  laid  before  the 
Assembly. 

This  Assembly  appoints  Benajah  Williams,  of  Goshen  in 
the  County  of  Hartford,  Tavern-keeper  in  said  town  for  the 
year  ensuing :  provided  he  appear  before  the  county  court  to 
be  held  in  Hartford  by  adjournment  on  the  3d  Tuesday  of  June 
next,  and  give  bond  according  to  the  direction  of  the  law 
relating  to  tavern-keepers. 

Upon  the  memorial  of  the  inhabitants  of  the  north  purchase 
in  Woodbury  east  part,  praying  to  this  Assembly  that  they 
may  have  liberty  to  iiire  a  minister  to  preach  to  them,  and  to 
set  up  a  school  amongst  them,  during  the  pleasure  of  this  As- 
sembly, and  to  be  freed  from  paying  parish  taxes  to  the  first 
society  of  said  Woodbury  during  said  time  :  Resolved  by  this 
Assembly,  that  the  memorialists  have  liberty  to  hire  an  ortho- 
dox minister  to  preach  the  word  unto  them,  and  to  set  up  a 
school,  during  the  pleasure  of  this  Assembly,  and  that  they  be 
free  from  paying  any  parish  taxes  to  the  first  society  of  said 
Woodbury  so  long  as  they  maintain  the  ministry  and  school 
amongst  them ;  and  also  to  have  their  part  of  the  school 
money  according  to  their  list  given,  for  the  support  of  town 
and  parish  schools  :  provided  the  memorialists  do  not  vote  in 
any  parish  affairs  in  the  first  society  of  said  Woodbury. 

[416]  Ben  Uncas,  Sachem  of  the  Mohegan  Indians,  apply- 
ing himself  to  this  Assembly  for  their  assistance  to  ascertain 
and  maintain  the  bounds  of  his  lands  at  Mohegan  :  Upon 
consideration  whereof,  this  Assembly  do  appoint  and  direct 
James  Wadsworth,  Samuel  Lynde  andJohn  Richards,  Esq^s^ 
or  any  two  of  them,  to  assist  the  said  sachem  with  their  coun- 
cil and  advice  in  the  best  manner  to  ascertain  and  maintain 
the  bounds  of  the  said  sachem's  lands  ;  as  also  in  sueing  off 
and  removing  by  any  lawful  means  any  person  or  persons  that 


238  PUBLIC    RECORDS  [May, 

have  already  entered  upon,  or  shall  hereafter  enter  upon,  the 
said  sachem's  land,  or  any  part  thereof;  as  also  to  assist  and 
advise  said  sachem  in  leasing  out  any  parcels  of  his  lands. 
And  in  regard  of  the  ancient  friendship  between  this  Colony 
and  the  Moheag  sachems,  which  still  remains  between  this 
Colony  and  the  present  sachem,  this  Assembly  instruct  and 
desire  the  said  James  Wadsworth,  Samuel  Lynde  and  John 
Richards,  to  use  their  utmost  care  that  said  sachem  be  not 
encroached  upon,  or  disseized  of  his  lands. 

Whereas  this  Assembly  in  their  present  sessions  did  appoint 
John  Prout,  Esq"",  Messrs.  Jonathan  Ailing  and  Joseph  Mi^, 
of  New  Haven,  a  committee  to  repair  to  the  parish  of  Midle- 
sex  in  Fairfield  county  and  affix  a  place  in  said  parish  for  the 
erecting  a  meeting  house,  and  make  report  to  this  Assembly, 
&c. :  And  whereas  the  said  committee  have  now  made  report 
to  this  Assembly,  that  they  have  ascertained  and  affixed  the 
place  for  the  building  said  meeting  house,  (^viz  :)  to  be  at  the 
southwest  corner  of  Mr.  Joshua  Morehouse's  home  lot,  where 
he  now  dwelleth,  where  an  highway  comes  into  the  country 
road  at  a  stake  [and]  heap  of  stones  set  up  by  said  commit- 
tee, or  within  forty  feet  of  said  stake  and  stones,  if  land  can 
be  procured  for  better  conveniency  of  building,  as  by  their 
report  on  file :  This  Assembly  do  thereupon  accept  and  estab- 
lish the  report  of  said  committee,  and  order  that  the  parish- 
ioners of  the  said  parish  do  proct^ed  and  build  the  said  meeting 
house  at  the  place  fixed  and  ascertained  by  the  said  commit- 
tee, as  aforesaid. 

Whereas  James  Wadsworth,  Esqi",  Mr.  Henry  Crane  and 
Mr.  Samuel  Hall,  having  been  by  this  Assembly  in  their  ses- 
sion in  New  Haven  in  October  last  appointed  a  committee  to 
repair  to  the  parish  of  Amity  in  New  Haven,  to  view,  enquire 
and  find  the  most  convenient  place  whereon  to  erect  an  house 
for  the  worship  of  God  in  said  parish,  and  the  same  to  report 
to  this  Assembly  ;  and  the  said  committee  having  accordingly 
now  reported  to  this  Assembly  that,  sometime  since  their  said 
appointment,  they  having  thoroughly  viewed  and  enquired 
into  the  circumstances  of  said  parish,  and  fully  heard  the  in- 
habitants thereof,  respecting  a  place  for  their  meeting  house, 
and  duly  considered  the  matter,  they  are  well  satisfied  that  it 
will  best  accommodate  the  inhabitants  of  said  society  to  set 
up  their  meeting  house  upon  a  lot  in  said  parish  claimed  by 
Lieutenant  Ebenezer  Beecher  of  said  parish  to  belong  to  him, 
at  a  place  in  said  lot  where  the  said  committee  have  marked 
a  dead  oak  tree  on  four  sides  and  laid  stones  at  tlie  root,  the 
place  where  said  tree  stands  to  be  in  the  middle  of  said  house  ; 
and  that  said  Beecher  hath  agreed  to  give  two  acres  of  said 


1739.]  OP      CONNECTICUT.  289 

lot  for  the  placing  and  convenience  of  said  meeting  house, 
gratis,  and  also  what  is  necessary  for  a  highway,  so  far  as  his 
land  extends  towards  Milford  line,  &c.,  as  per  their  report  on 
file,  dated  November  16th,  1738 :  Resolved  by  this  Assem- 
bly, that  the  said  place  in  the  said  Lieutenant  Beecher's  lot, 
in  said  committee's  report  mentioned  and  described,  shall  be, 
and  the  said  place  is  hereby  fixed,  stated  and  appointed  to 
be  the  place  whereon  to  erect  and  build  an  house  for  the 
worsliip  of  God  in  said  parisli ;  and  the  said  meeting  house  is 
liereby  ordered  to  be  erected  in  said  place  accordingly.- 

[417]  Upon  the  petition  of  Jonathan  Sliaw,  of  Canterbury  in 
the  county  of  Windham,  complaining  of  a  judgment  recovered 
by  Jabez  Fitch  of-  said  Canterbury  against  said  Shaw,  at 
Windliam  county  court  in  June  last,  praying  for  a  reversal 
thereof,  &g.  :  Resolved  by  this  Assembly,  that  the  said  judg- 
ment be  reversed,  and  the  same  is  herel)y  reversed  and  set 
aside,  with  all  the  doings  thereon,  and  that  the  said  Shaw 
shall  recover  of  said  Fitch  the  sum  of  <£11  Os.  Od.  money, 
for  damages,  and  his  cost  which  is  allowed  to  be  XIO  12s.  2d. 
Ex.  granted  September  lO^/i,  1739. 

Upon  the  memorial  of  Josiah  Starr  of  Danbury,  shewing 
that  the  memorialist  hath  bought  of  one  Samuel  Benedict  of 
said  Danbury  a  right  which  said  Benedict  bouglit  at  vendue 
at  Windham  for  that  purpose,  in  the  southern  township  in 
the  western  lands,  and  ol)tained-a  deed  of  the  committee  for 
that  end  appointed,  praying  for  a  longer  time  to  perform  the 
conditions  of  said  deed :  Resolved  by  this  Assembly,  that  the 
memorialist  shall  have,  and  hereby  is  granted  to  him,  the 
space  of  four  years,  commencing  after  the  two  years  men- 
tioned in  said  Benedict's  deed  are  compleated,  for  the  entering 
upon,  building,  fencing  and  clearing,  said  right  in  said  town- 
ship. 

Upon  the  petition  of  Daniel  Trowbridge,  Joseph  Miles,  Alex- 
ander Wolcott,  James  Peck,  jun"",  and  Samuel  Brown,  all  of 
New  Haven,  versus  David  Cob  of  Milford,  Joshua  Attwater  of 
Wallingford,  and  John  White  of  said  New  Haven,  all  in  the 
county  of  New  Haven,  complaining  of  a  judgment  of  the  su- 
periour  court  held  in  New  Haven  on  the  last  Tuesday  of 
August  last,  obtained  by  said  Cob  for  the  sum  of  four  hund- 
red and  forty  pounds  thirteen  shillings  damages  and  cost 
against  them,  representing  that  in  equity  they  ought  to  be  re- 
leased from  said  judgment,  and  that  the  said  Attwater  and 
White  ought  to  be  charged  therewith  ;  and  thereupon  praying 
for  relief  according  to  equity  and  good  conscience,  as  per  their 
petition  on  fil»  appears  :  Resolved  and  decreed  by  this  Assem- 
sembly,  that  the  said  petitioners  be  discharged,  and  tliey  are 


240  PUBLIC     RECORDS  [May. 

hereby  discharged  and  released  from  the  said  judgment  of  the 
said  superiour  court,  and  recover  of  the  said  Attwater  and 
White  their  cost  of  this  petition,  allowed  to  be  £oS  10s.  lOd. ; 
and  that  the  said  Cobb  recover  of  the  said  Attwater  and  White 
the  sum  of  four-lmndred  and  forty  pounds  thirteen  shillings 
money,  damages,  and  his  cost  since  said  judgment  arisen, 
allowed  to  be  £8  4s.  6d.,  and  that  execution  go  forth  from 
the  Secretary  of  this  Colony  for  the  same  accordingly.  Pro- 
vided nevertheless,  that  nothing  in  this  resolve  and  decree  be 
deemed,  understood  or  construed  in  excuse  of  the  said  Daniel 
Trowbridge,  master  of  the  said  vessel  belonging  to  said  Att- 
water and  White,  mentioned  in  said  petition,  from  any  de- 
mands which  might  or  may  by  law  be  made  by  said  owners 
thereof  for  any  or  any  manner  of  damages  by  them  sustained 
thrO  the  said  master's  neglect  of  his  duty,  but  the  same  are 
saved  to  said  owners,  this  decree,  or  anything  therein  con- 
tained, notwithstanding.  Execution  granted  for  said  Cob  vs. 
said  Attwater  and  White,  June  1st,  1739.  Ex.  granted  for  said 
Trotvhridge  vs.  the  said  Attwater  and  White,  June  1st,  1739. 

[418]  Upon  the  petition  of  Joseph  Griswould  of  Killings- 
worth,  shewing  to  this  Assembly  that  upon  the  petition  of  some 
of  the  inhabitants  of  Killingsworth  the  county  court  held  at 
New  London  in  June,  1737,  appointed  a  committee  to  enquire 
into  the  necessity  of  the  alteration  of  the  road  from  Killings- 
worth  to  Durham  at  a  place  called  the  mountain,  to  go  thro  the 
petitioner's  land,  &c.,  wliich  committee  made  their  report,  &c., 
upon  which  the  said  county  court  at  their  sessions  at  Norwich 
in  November,  1737,  made  an  order  to  the  sheriff  of  said 
county  to  summon  a  jury  to  lay  out  said  way  tlirS  the  peti- 
tioner's land,  &G.,  who  accordingly  on  the  17th  day  of  De- 
cember, 1737,  laid  out  a  way  thru  the  petitioner's  land,  with- 
out allowing  him  any  damages,  &c.,  and  made  return  of  their 
doings  to  the  county  court  held  at  New  London  in  June  last, 
where  the  petitioner  complained  against  the  said  return,  &q., 
but  said  court  accepted  said  return,  &c.,  upon  which  the  peti- 
tioner was  admitted  a  review  at  the  county  court  held  at  Nor- 
wich in  November  last,  where  he  was  again  heard  on  his  com- 
plaint, and  the  said  court  confirmed  their  former  judgment 
and  established  the  said  highway  thr6  the  petitioner's  land, 
&c.  ;  praying  that  the  judgment  and  doings  of  the  said  county 
court  in  the  premises  should  be  annulled  and  made  void,  for 
the  reasons  set  forth  in  the  petition  on  file,  dated  April  27th, 
1739  :  Resolved  by  this  Assembly,  that  the  whole  proceedings 
of  the  said  county  court  respecting  the  said  highway,  and  the 
judgment  establishing  the  same,  referred  to  ii^the  said  peti- 


1739.]  OF      CONNECTICUT.  *  241 

tion,  be  set  aside  and  annulled,  and  the  same  are  hereby  an- 
nulled, set  aside  and  made  utterly  void. 

Upon  the  memorial  of  John  Grigory,  James  Bebee  and 
Thomas  Benedict,  committee  for  the  proprietors  of  Danbury, 
and  Ehenezer  i-'mith,  agent  for  the  town  of  Ridgefield,  shew- 
ing to  this  Assembly,  that  the  proprietors  and  inhabitants  of 
the  aforesaid  towns  have  mutually  agreed  upon  and  fixed  the 
line  hereafter  mentioned,  to  be  the  dividing  line  between  said 
towns;  which  said  line  is  as  foWoweth,  (viz :^  Beginning  at 
a  monument  known  by  the  name  of  the  Freeholders  Corner, 
which  is  a  heap  of  stones  laid  on  a  rock  by  the  side  of  a  birch 
tree  standing  on  the  SW.  corner  of  a  swamp  ;  from  thence 
running  north  N.  13°  W.  two  miles  and  three-quarters  to  an 
heap  of  stones  on  the  S.  end  of  a  steep  rock  ;  and  from  thence 
W.  29°  N.  to  a  stake  set  in  the  ground  and  stones  laid  to  it, 
which  is  on  the  W.  side  of  an  hill,  near  against  the  northward 
end  of  the  Bear  Mountain  ;  and  from  thence  N.  5°  W,  to  Dan- 
bury  NW.  corner  ;  in  which  line  there  is  monuments  erected  as 
the  law  directs  ;  praying  this  Assembly  that  the  line  aforesaid 
may  be  fixed  and  estaWished  and  remain  to  be  the  dividing  line 
between  the  aforesaid  towns  ;  only  saving  and  reserving  to 
Danbury  all  those  lands  by  the  proprietors  of  said  Danbury 
laid  out  on  the  west  side  of  said  line  :  Resolved  by  this  Assem- 
bly, that  the  line  aforementioned  and  described  in  the  afore- 
said memorial  be  fixed,  and  it  is  hei-eby  fixed,  confirmed 
and  established  to  be,  and  forever  hereafter  shall  remain  to 
be,  the  dividing  line  between  the  aforesaid  townships  of  Dan- 
bury and  Ridgefield.  That  is  to  say  :  tlie  dividing  line  afore- 
said shall  begin  where  the  line  from  the  aforesaid  Freeholders 
Corner  intersects  the  line  between  Danbury  township  and 
Capt.  Couches  patent,  only  reserving  the  lands  on  the  west 
side  of  said  line  as  already  laid  out  to  the  proprietors  of  Dan- 
bury in  severalty  to  said  proprietors,  and  they  are  hereby  re- 
served accordingly. 

[419]  Upon  the  memorial  of  the  inhabitants  of  the  parish  of 
New  Salem,  therein  setting  forth*  their  low  and  necessitous  cir- 
cumstances with  respect  to  the  maintaining  the  gospel  amongst 
them,  and  praying  that  the  unimproved  lands  in  said  parish 
may  be  taxed  for  the  space  of  four  succeeding  years  next 
coming  at  one  penny  per  acre  per  year,  and  that  the  money 
raised  thereby  may  be  applied  towards  the  support  of  the 
gospel  amongst  them :  Resolved  by  this  Assembly,  that  the 
unimproved  lands  in  said  society  shall  be  annually  taxed  at 
one  penny  per  acre  for  four  years  next  succeeding,  and  the 

31 


242  ■  PUBLIC    RECORDS  [May, 

money  raised  thereby  applied  towards  the  support  of  the  gos- 
pel in  said  parish. 

Upon  the  memorial  of  Ebenezer  Warner,  of  Watqrbury  in 
the  county  of  New  Haven,  shewing  to  this  Assembly  that  Ed- 
mond  Scott,  late  of  said  Waterbury,  deceas'd,  late  husband 
of  Martha  Warner,  wife  of  the  present  memorialist  Ebenezer 
Warner,  left  two  children,  Jemima  and  Comfort,  and  there 
being  but  eleven  pounds  and  eleven  pence  personal  estate  of 
the  said  deceas'd,  which  said  sum  was  ordered  to  the  said 
Martba  by  the  court  of  probates  for  the  bringing  up  of  the 
said  children,  and  Jemima  being  sickly,  the  said  Ebenezer 
Warner  having  been  at  great  cost  to  provide  tendance  and 
physick  for  her,  and  there  being  no  personal  estate  to  answer 
said  debt,  which  he  certifies  to  be  <£18  Os.  Od.,  and  praying 
for  liberty  to  sell  land  to  answer  the  aforesaid  debt :  Tliis  As- 
sembly grants  liberty  to  and  fully  impowers  Mr,  Joseph 
Lewiss,  of  said  Waterbury,  taking  the  advice  of  the  court  of 
probate  in  the  district  of  Woodbury,  to  sell  so  much  of  the 
land  of  the  said  Edmund  Scott  as  to  enable  him,  the  said 
Lewiss,  to  answer  and  pay  the  aforesaid  sum  of  £18  Os.  Od. 
money,  with  the  incident  charges  arising  on  the  sale  thereof. 

Whereas  this  Assembly,  at  their  session  in  October  last, 
appointed  Messrs.  Jonathan  Trumble,  Expej'ience  Porter  and 
Gershom  Clark,  to  be  a  committee  to  affix  the  place  where  the 
inhabitants  of  the  parish  of  New  Concord,  in  Norwich,  should 
build  their  meeting  house,  &c.,  which  committee  made  report 
of  a  place  by  them  affixed  for  that  purpose  to  this  Assembly  : 
And  whereas  many  of  the  parishioners  of  said  parish  have 
now  preferred  their  memorial  against  the  acceptance  of  said 
report  of  sjjid  committee  :  This  Assembly,  having  fully  heard 
the  several  ol)jections  against  said  report,  and  the  evidences 
respecting  the  same,  and  considered  the  said  objections,  &c., 
have  resolved,  that  the  report  of  said  committee  be  set  aside 
and  annulled.  And  it  is  further  resolved,  that  there  be  an- 
other committee  for  that  purpose  appointed  ;  and  accordingly 
this  Assembly  have  appointed  Messrs.  John  Richards  of  New 
London,  Christopher  Avery  the  2d  and  Dudley  Woodbridge, 
of  Groton,  to  be  a  committee  to  repair  to  said  New  Concord, 
and  to  view  the  circumstances  of  said  parish  and  the  habita- 
tions of  the  parishioners  thereof,  to  hear  all  parties  on  the 
premises,  and  then  to  establish  and  affix  a  place  for  the  said 
inhabitants  to  set  their  meeting  house  for  divine  worship  upon, 
and  make  report  of  their  doings  to  tbis  Assembly  in  October 
next,  for  consideration  and  confirmation. 

Upon  the  memorial  of  Jonathan  Hough,  Abraham  Water- 


1739.]  OF      CONNECTICUT.  243 

house  and  otliers,  being  inhabitants  of  the  north  parish  of 
Saybrook  living  at  a  place  called  Pattecunk,  praying  to  be 
made  a  separate  and  distinct  society,  <fec.,  or  that  a  committee 
be  appointed  to  repair  to  said  parish  and  view,  &c.,  as  per 
their  memorial  on  file,  dated  May  2d,  1739 :  Resolved  by  this 
Assembly,  that  Capt.  Samuel  Hill  of"  Guilford,  Mr.  Jonathan 
Lane  of  Killingsworth,  and  Mr.  Isaac  Spencer  of  East  Haddam, 
be  a  committee,  and  they  are  hereby  appointed  a  committee, 
to  repair  to  said  north  parish,  and  view  the  circumstances 
thereof,  as  to  the  situation,  extent,  numbers  of  inhabitants, 
&c.,  and  make  report  of  what  they  find  to  be  best  and  most 
reasonable  to  be  done  in  the  premises,  to  this  Assembly  in 
October  next. 

[420]  Upon  the  memorial  of  the  town  of  Hebron,  by  their 
agent  John  Thompson,  and  of  the  inhabitants  of  the  north 
part  of  said  town  :  Resolved  by  this  Assembly,  that  Roger  Wol- 
cott,  William  Pitkin  and  Thomas  Wells,  Esq^^be  a  committee 
to  repair  to  the  said  Hebron,  if  the  said  inhabitants  by  their 
vote  in  town  meeting  shall  desire  it,  there  to  advise  said  in-, 
habitants  in  reference  to  the  matter  prayed  for  ;  and  having 
viewed  said  town,  heard  the  inhabitants,  and  considered  the 
whole,  if  the  said  committee  shall  think  it  will  be  for  the  ben- 
efit of  said  town  to  divide  the  same  into  two  societies,  they 
shall  then  make  a  line  proper  for  that  end,  and  report  their 
doings  to  this  Assembly  in  October  next ;  to  be  done  at  the 
charge  of  said  town. 

Upon  the  memorial  of  Jabez  Rockwell,  of  Ridgefield  in  the 
county  of  Fairfield,  shewing  that  his  brother  John  Rockwell 
made  and  executed  unto  him  a  deed  of  sale,  dated  the  31st 
day  of  August,  1736,  of  three  acres  of  land  in  Ridgefield 
aforesaid,  be  it  more  or  less,  bounded  east  on  the  town  street  ; 
south,  highwa}^ ;  north,  l)y  Benjamin  Wilson  ;  west,  by  said 
Jabez  Rockwell  ;  and  that  the  said  deed  was  not  acknowl- 
edged by  said  John  Rockwell,  who  is  now  dead  ;  and  there- 
upon praying  for  a  confirmation  of  said  deed :  Enacted  and 
resolved  by  this  Assembly,  that  the  said  deed  shall  be,  and 
the  same  is  hereby  made  to  be,  as  good  and  effectual  and  com- 
pleat  unto  the  said  Jabez  Rockwell,  his  heirs  and  assigns,  for 
the  holding  the  said  land  therein  mentioned,  as  thO  the  same 
had  been  compleated  by  the  acknowledgment  of  the  said  John 
Rockwell ;  and  shall  and  may  be  recorded  accordingly. 

On  the  memorial  of  Joseph  Chamberlain,  jun"",  and  Han- 
nah his  wife,  praying  that  some  meet  person  may  be  appointed 
and  impowred  to  give  and  well  execute  a  deed  of  release  unto 
one  John  Niles  of  fifty  acres  of  land  that  said  Niles  now 
dwells  on  in  Colchester,  in  behalf  of  the  heirs  of  one  Aaron 


244  PUBLIC    KECORDS  [May, 

Gillett,  late  of  said  Colcliester,  deceas'd :  Resolved  by  this 
Assembly,  that  if  John  Skinner  of  said  Colchester  shall,  to 
the  acceptance  of  Capt.  Nathaniel  Foot  of  said  Colchester, 
give  a  sufficient  deed,  executed  according  to  law,  to  the  heir 
of  Aaron  Gillett  of  said  Colchester,  late  deceas'd,  of  that 
fifty  acres  of  land  lying  in  said  Colchester  that  Reynold  Mar- 
vin of  Lyme  released  to  said  Skinner,  that  then  the  said 
Foot  shall  give  a  deed  of  release,  executed  according  to  law, 
unto  the  said  Niles  of  all  the  estate  and  demand  that  the  said 
heir  hath  in  the  said  fifty  acres  the  said  Niles  now  lives  on  in 
said  Colchester. 

Upon  the  memorial  of  Joseph  Latham  the  3d,  of  Groton 
in  the  county  of  New  London,  administrator  on  the  estate  of 
Mr.  Cary  Latham  of  said  Groton,  deceas'd,  therein  shewing 
that  the  inventoried  moveable  estate  of  the  said  deceas'd 
amounted  to  the  sum  of  X598  17.s.  lid.,  and  that  the  debts 
due  from  said  estate  with  losses,  &c.,  amounted  in  the  whole 
to  the  sum  of  <£873  Is.  lid.,  which  surmounted  the  inj-en- 
toried  estate  aforesaid  the  sum  of  X274  lOs.  0(^;  and  prays 
that  some  meet  person  or  persons  may  be  appointed  hy 
this  Assembly  to  make  sale  of  so  much  of  t!ie  deceas'd  debt- 
or's land  as  shall  be  sufficient  to  satisfy  and  pay  the  aforesaid 
sum  of  X274  10s.  Od.  with  the  necessary  charges  arising  in 
the  sale,  &c. :  Resolved  by  this  Assembly,  that  the  memorial- 
ist, with  Capt.  Ebenezer  Avery  of  said  Groton,  are  hereby 
[421]  impowered  and  fully  authorized,  ||  with  the  direction 
of  the  court  of  probates  in  the  district  of  New  London,  to  sell 
so  much  of  the  land  of  the  deceas'd  Cary  Latham  as  shall 
amount  to  the  sum  of  £274  10s.  Od.  money,  with  the  neces- 
sary charges  arising  thereon,  and  make  and  execute  a  deed 
or  deeds  for  the  same  accordingly. 

Upon  the  memorial  of  Samuel  Smith  and  the  rest  of  the 
inhabitants  of  the  parish  of  West  Haven  in  the  town  of  New 
Haven,  praying  for  the  leave  of  this  Assembly  to  make  sale 
of  fifty  acres  of  land  to  them  granted  by  the  proprietors  of 
the  common  and  undivided  lands  in  said  New  Haven  for  a 
parsonage,  to  be  and  remain  for  the  use  of  a  congregational 
or  presbyterian  ministry  in  said  parish  ;  and  praying  also  that 
Joseph  Whiting,  Esq'',  and  Capt.  Isaac  Dickerman,  of  said 
New  Haven,  may  be  impowered  and  directed  to  subduct  out  of 
the  publick  tax  of  said  town  the  sum  of  forty  pounds  money, 
by  the  General  Assembly  in  May,  1736,  granted  to  the  said 
parish,  which  was  to  have  been  subducted  out  of  the  publick 
rate  of  said  town  for  the  year  1737,  and  which  hitherto  has 
been  omitted  to  be  done :  Resolved  by  this  Assembly,  that  tlie 
inhabitants  of  said  parish  may,  and  they  are  hereby  author- 


1739.]  OP     CONNECTICUT.  245 

ized  and  allowed  to  sell  and  alienate  the  said  fifty  acres  of  land 
to  them  <2,ranted  as  abovesaid,  and  bounded  south,  on  other  fifty 
acres  of  land  by  said  proprietors  granted  to  Chesnut  Hill  for  a 
parsonage  ;  west,  on  Milford  line ;  east,  on  common  lands  ;  and 
north,  on  land  belonging  to  Nathan  Ford.  Provided  always, 
and  it  is  hereby  enacted,  that  the  money,  which  on  sale  of 
said  fifty  acres  shall  be  advanced,  shall  be  and  remain  for  the 
support  of  a  gospel  ministry  in  said  west  parish  (as  by  the 
law  of  this  Colony  established)  forever,  and  for  no  other  use. 
And  it  is  further  resolved,  tliat  Joseph  Whiting,  Esq"",  and 
Capt.  Isaac  Dickerman  shall  sul)duct  out  of  the  publick  tax 
of  said  town  for  the  current  year,  the  said  sum  of  forty 
pounds  money,  omitted  to  be  taken  out  of  the  tax  of  said 
town  in  the  year  1787,  together  with  the  sum  of  forty  pounds 
money  payable  for  the  present  year,  according  to  the  tenor  of 
the  act  of  Assembly  in  May,  173*3 ;  and  that  the  same  shall 
be  improved  for  the  support  of  an  orthodox  gospel  minister 
in  said  parish,  as  in  said  act  is  provided. 

Upon  the  memorial  of  the  inhabitants  of  the  town  of  Har- 
winton,  shewing  that  this  Assembly,  at  their  sessions  in  Octo- 
ber last,  appointed  Capt.  William  Wadsworth,  Capt.  Thomas 
Wells  and  Deacon  John  Hart,  to  be  a  committee  to  fix  the 
place  where  the  said  inhabitants  of  Harwinton  should  set 
their  meeting  house,  &c.,  and  that  said  committee  have 
not  done  that  work  ;  and  praying  that  another  committee  may 
be  appointed  to  do  the  same  and  make  report  to  this  Assem- 
bly in  their  present  sessions,  &c.,  as  by  said  memorial  on  file  : 
Resolved  by  this  Assembly,  that  Capt.  Martin  Kellogg  of 
Weathersfield,  Capt.  Benjamin  Hall  of  Wallingford,  with  the 
abovesaid  Capt.  Welles,  be  a  committee  to  repair  to  said  Har- 
winton, and  to  view  the  said  town  and  places  of  the  me- 
morialists' habitations,  and  to  hear  all  persons  concerned,  and 
upon  the  whole  to  affix  and  ascertain  the  place  where  the 
said  inhabitants  shall  set  their  meeting  house  for  divine  wor- 
ship, and  make  report  of  their  doings  to  this  Assembly,  either 
in  their  present  sessions  or  in  October  next,  for  confirmation ; 
and  all  to  be  done  at  the  cost  of  the  proprietors  of  said  town, 
out  of  the  tax  already  laid  upon  the  proprietors  by  this 
Assembly. 

[422]  Upon  the  memorial  of  the  inhabitants  of  the  second 
or  north  society  in  New  London,  together"  with  Ben  Uncas, 
Sachem;  therein  shewing  that  they  are  about  to  settle  a  min- 
ister in  said  parish,  and  that  the  Indians  are  minded  to  joyn 
with  them, 'in  case  the  meeting  house  in  said  society  shall  be 
moved  so  as  to  accommodate  them,  &c. ;  and  praying  for  a  com- 
mittee to  determine  the  place  where  the  said  meeting  house 


246  PUBLIC    RECORDS  [May, 

shall  be  set,  so  as  better  to  accommodate  both  English  and  In- 
-dians;  and  to  direct  how  the  expences  thereof  shall  be  born, 
<fcc. :  Resolved  by  this  Assembly,  that  James  Wadsworth,  Esq"", 
j\[essrs.  John  Richards  and  Jonathan  Trumble,  be  a  committee 
to  go  to  said  parish,  view  their  circnmstances,  hear  all  parties 
and,  if  they  shall  think  proper,  ascertain  the  place  where  the 
said  meeting  honse  shall  stand,  and  make  report  of  their 
doings  to  this  Assembly  in  October  next. 

Upon  the  memorial  of  Samuel  Lewiss  of  Colchester,  shew- 
ing to  this  Assembly,  that  he  executed  an  ample  deed  of  con- 
veyance of  eighty  acres  of  his  land  to  the  Governoiir  and  Com- 
pany of  this  Colony  and  to  their  successors,  &c.,  in  order  to 
take  some  of  the  loan-money,  and  not  having  received  said 
money,  praying  for  a  deed  of  release,  <fec. :  Resolved  bythis 
Assembly,  that  the  Governour  and  Secretary  be  impowered 
hereby,  at  the  cost  of  said  memorialist,  to  give  said  Lewiss  a 
good  and  ample  deed  of  release  of  the  aforesaid  eighty  acres 
of  land  accordingly. 

Upon  the  report  of  the  committee  who  were  appointed  to 
review  the  parish  of  East  Guilford,  and  affix  upon  a  place 
where  the  inhabitants  of  the  said  parish  should  set  up  their 
meeting  house  for  divine  worship :  It  is  now  resolved  by  this 
Assembly,  that  the  inliabitants  of  said  parish  shall  set  up  and 
finish  a  meeting  house  for  divine  worship  in  said  society  on 
the  same  green  where  the  old  meeting  house  stands,  at  the 
place  where  said  committee  pitched  down  a  stake,  which 
stake  stands  about  midway  between  said  old  house  and  Capt. 
Janna  Meigs's  house  set  up  for  said  Meiggs's  convenience  on 
sabbath  days ;  and  the  said  inhabitants  are  to  take  notice 
thereof,  and  to  conform  themselves  to  this  order. 

On  the  petition  of  Samuel  and  Silence  Chapman,  executors 
of  the  last  will  and  testament  of  Simon  Chapman,  late  of 
Windsor,  deceased,  praying  for  a  new  tryal  of  a  case  wherein 
John  Anderson  of  said  Windsor  recovered  judgment  upon 
bond  against  them,  in  the  county  court  held  at  Hartford  in 
April  fast,  for  the  sum  of  £SS  16s.  6d.  York  money,  and 
£6  2s.  3c?.  costs,  in  our  currency;  shewing  that  they,  the 
petitioners,  were  deprived  of  a  principal  witness  in  said  case, 
{viz.')  one  Abraham,  a  negro  servant ;  praying  that  said  Abra- 
'ham  may  be  admitted  as  a  lawful  witness,  with  any  other 
evidence  that  said  Chapman  shall  or  may  find  relating  thereto ; 
and  also  that  the  whole  cost  follow  said  final  judgment :  Re- 
solved by  this  Assembly,  that  the  petitioners  shall  and  hereby 
have  granted  unto  them  a  new  tryal  of  said  case  at  the  county 
court  to  be  holden  at  Hartford  by  adjournment  on  the  third 


1739.]  OP      CONNECTICUT,  247 

Tuesday  of  June  next,  as  prayed  for  ;  and  the  whole  cost  shall 
follow  said  judgment. 

Upon  tlie  memorial  of  Eleazer  Gary,  &c.,  selectmen  of  the 
town  of  Windham,  shewing  to  this  Assembly  that  Jonathan 
Preston  of  said  Windham,  son  of  John  Preston,  late  of  said 
Windham,  deceas'd,  by  the  providence  of  God  being  rendered 
7ion  compos  mentis,  and  thereby  entirely  unable  to  take  care 
of  himself,  hath  been  supported  by  the  town  of  Windham  for 
[423]  more  than  a  year  last  past,  |1  and  continues  to  be  so  sup- 
ported, and  appears  likely  so  to  continue  ;  and  that  by  the 
last  will  of  his  father,  the  late  John  Preston  of  Windham, 
deceas'd,  there  is  given  to  the  said  Jonathan  Preston  an 
estate  in  lands,  in  common  with  his  brethren  and  sisters,  of 
the  value  of  near  fifty  pounds  ;  and  praying  this  Assembly  to 
impower  some  meet  persons  to  sell  said  Jonathan  Preston's 
land  for  his  support :  Resolved  by  this  Assembly,  that  Messrs. 
Isaac  Burnap  and  Benjamin  Bedlake,  both  of  Windham,  be 
impowered,  and  they  are  hereby  impowered,  to  sell  said  land 
and  deliver  the  money  it  shall  be  sold  for  into  the  hands  of 
the  treasurer  of  the  town  of  Windham,  for  the  time  being,  to 
be  improved  for  the  support  of  the  said  Jonathan  Preston, 
both  past  and  future. 

Upon  the  report  of  Ebenezer  West,  Esq^,  Mr.  Joseph 
Kingsbury  and  Capt.  John  Fowler,  a  committee  appointed  by 
this  Assembly  in  their  present  sessions  to  repair  to  the  society 
on  the  east  side  of  the  great  river  in  Hartford,  and  to  affix  a 
place  in  said  society  for  the  inhabitants  of  the  said  society  to 
build  a  new  meeting  house  on  :  Resolved  by  this  Assembly, 
that  the  place  where  the  inhabitants  of  said  society  shall  build 
a  new  meeting  house  on  shall  be  where  their  present  meeting 
house  now  standeth.  The  sills  of  the  new  meeting  house  to 
enclose  that  spot  of  land  whereon  the  present  meeting  house 
standeth. 

Upon  the  memorial  of  the  first  society  in  New  London, 
praying  that  a  committee  may  be  appointed  to  affix  and  ascer- 
tain the  place  where  the  said  society  shall  build  their  meeting 
house,  &c.  :  This  Assembly  do  appoint  Samuel  Lynde,  Esq% 
of  Saybrook,  Mr.  John  Griswould  of  Lyme,  and  Mr.  Christo- 
pher Avery  the  2d  of  Groton,  a  committee  to  repair  to  said 
society,  view  and  consider  the  circumstances  thereof  and 
hear  the  parties,  and  affix  and  ascertain  the  place  where 
said  society  shall  build  their  meeting  house  for  divine  wor- 
ship, and  make  report  of  their  doings  to  this  Assembly  in 
their  sessions  in  October  next. 

Whereas  this  Assembly,  in  their  present  sessions,  did  ap- 


248  PUBLIC     RECORDS  [May, 

point  Capt.  Thomas  Wells,  Capt.  Martyn  Kellogg  and  Capt. 
Benjamin  Hall,  to  be  a  committee  to  repair  to  Harwintou  and 
fix  and  ascertain  a  place  for  the  inhabitants  to  set  and  build 
their  meeting  house  for  divine  worship  upon,  and  tlie  said 
committee  having  now  made  report  of  their  doings  in  the 
premises,  under  their  hands,  that  they  have  viewed  the  cir- 
cumstances of  almost  the  whole  of  said  township,  and  heard 
all  persons  concerned  in  the  premises,  and  that  they  have  laid 
stones  to  a  stake  standing  in  the  line  that  divides  the  land 
between  the  proprietors  of  Hartford  and  Windsor,  on  the 
country  road  that  runs  east  and  west,  where  the  said  road 
cranks,  and  crosses  said  dividing  line,  and  also  where  the  road 
runs  north  and  south  ;  which  place  they  look  upon  the  most 
convenient  for  said  inhabitants  to  build  their  meeting  house 
upon,  as  by  their  report  appears  :  Whereupon  it  is  resolved 
by  this  Assembly,  that  the  place  above  described  and  ascer- 
tained in  the  report  of  said  committee  shall  be  the  place 
where  the  said  inhabitants  shall  set  their  meeting  house ;  and 
they  are  directed  and  ordered  to  erect  and  build  the  said 
meeting  house  at  the  said  place  accordingly. 

Upon  the  memorial  of  the  proprietors  of  the  township  of 
Danbury,  and  Samuel  Couch,  Daniel  Chapman,  Thomas  Nash, 
Samuel  Gold,  and  Hezekiah  Gold,  all  in  the  county  of  Fair- 
field, shewing  to  this  Assembly  that,  after  a  long  controversy 
between  them,  the  said  proprietors  of  Danbury  on  the  one  side, 
[424]  and  the  ||  said  Couch,  Chapman,  Nash  and  Golds,  on  the 
other  side,  respecting  the  south  bounds  of  the  said  township, 
which  is  the  north  bounds  of  the  land  granted  and  patented  to 
said  Couch  and  now  belonging  to  him  with  said  Chapman,  Nash 
and  Golds,  they  have  amicably  settled  and  concluded  said  dif- 
ference, and  have  mutually  agreed  that  a  line  run  and  drawn 
from  the  south-east  corner  of  said  township  of  Danbury,  which 
is  a  great  rock  with  stones  upon  it,  unto  a  rock  on  the  point 
of  an  hill,  about  the  bigness  of  an  hogshead,  with  stones  upon 
it,  and  is  about  seventy  rods  west  of  where  the  Beunets  live, 
and  is  that  boundary  that  is  and  has  been  the  reputed  south- 
west corner  of  said  township,  is  and  shall  be  the  south  line  of 
said  township  and  north  line  of  said  land  patented  to  said 
Couch,  and  the  bounds  dividing  between  the  same,  as  the  same 
line  is  run  by  Ebenezer  Silliman,  Esq"",  one  of  the  surveyours  of 
the  county  of  Fairfield,  and  is  in  course  from  the  south-east  to 
the  south-west  corner  aforesaid  west  seven  degrees  south,  and 
therein  are  monuments  erected  in  every  eighty  rods,  as  by  re- 
turn of  said  surveyour,  dated  the  od,  4th  and  otli  days  of 
May,  and  19th,  20th  and  21st  days  of  December,  1737,  may 
appear ;  and  thereupon  praying  for  a  confirmation  of  said  line : 


1739.]  OF      CONNECTICUT.  249 

Resolved  and  declared  by  this  Assembly,  that  the  said  line  of 
monuments,  so  run  and  erected  from  said  south-east  to  the 
said  south-west  corner  of  said  townsliip  of  Danbury,  is  and 
shall  be  and  remain  the  bounds  and  dividing  line  between  the 
said  township  of  Danbury  on  the  north,  and  the  said  lands 
patented  by  this  government  to  said  Couch  on  the  south 
thereof;  any  former  pretences  to  the  contrary  notwithstand- 
ing. 

Upon  the  memorial  of  the  inhabitants  of  New  Hartford, 
praying  this  Assembly  to  appoint  a  committee  to  fix  and  as- 
certain a  place  for  them  to  build  a  meeting  house  upon,  as 
per  their  memorial  on  file  :  Resolved  by  this  Assembly,  that 
Messrs.  William  Wadsworth  of  Farmingtown,  John  Humph- 
rey and  James  Cornish,  jun"",  of  Symsbury,  be  a  committee 
to  repair  to  New  Hartford  aforesaid,  and  to  view  the  circum- 
stances of  the  place  and  inhabitants,  and  to  hear  all  parties, 
<fec.,  and  affix  and  ascertain  a  place  where  the  said  inhabitants 
shall  build  their  meeting  house  upon_,  and  make  report  of 
their  doings  to  this  Assembly  in  October  next  ;  to  be  done  at 
the  motion  and  costs  of  the  inhabitants  aforesaid. 

Upon  the  report  of  Capt.  Thomas  Welles,  Capt.  Joseph  Pit- 
kin and  Capt.  Jonathan  Hills,  shewing  to  this  Assembly  that 
they  did  repair  to  Ellington  parish  in  Windsor,  and  there  affix 
a  place  for  the  inhabitants  of  said  parish  to  build  their  meet- 
ing house  upon  for  divine  worship,  which  is  upon  rising  land 
near  the  south-west  corner  of  Nathaniel  Grant,  jun""*,  field, 
where  they  have  set  up  a  stake :  Resolved  by  this  Assembly, 
that  the  place  so  affixed  shall  be  the  place  whereon  said  in- 
habitants shall  build  their  meeting  house  for  divine  worship  ; 
and  the  said  inhabitants  are  hereby  ordered  to  proceed  to 
build  the  same  at  said  place  accordingly. 

Upon  the  memorial  of  Messrs.  Daniel  Edwards  and  Robert 
Walker :  Resolved  by  this  Assembly,  that  j;he  said  memorialists 
have  twenty-four  pounds  two  shillings  and  lour  pence,  and  the 
same  is  hereby  granted  unto  them  for  their  service  in  pursuance 
€f  the  appointment  of  this  Assembly  iu  May  last,  in  removing 
and  prosecuting  persons  that  had  encroached  on  tlie  lands  be- 
longing to  tliis  government  in  the  township  of  Salisbury;  and 
that  the  Treasurer  of  this  Colony  pay  the  same  accordingly. 

[425]  To  the  Honourable  General  Assembly  to  be  holden 
at  Hartford  in  May  next : 

Upon  the  memorial  of  the  inhabitants  of  the  town  of  Union, 

preferred  to  the  General  Assembly  holden  at  New  Haven  in 

October  last,  praying  for  a  committee  to  ascertain  and   fix  a 

place  for  building  a  meeting  house  for  the  worship  of  God  : 

32 


250  PUBLIC     RECORDS  [May, 

pursuant  thereunto,  we,  the  subscribers,  at  the  desire  of  the 
inhabitants  of  the  aforesaid  town  of  Union,  did,  upon  the 
14th  day  of  November,  A.  D.  1738,  repair  to  the  aforesaid 
town,  viewed  their  circumstances,  heard  debates,  find  them 
so  universally  united  together  desiring  the  sai'd  house  to  be 
built  upon  the  southermost  hill  in  the  ten  acres  of  land  ap- 
propriated by  the  proprietors  of  said  town  for  a  place  to  build 
a  meeting  house,  a  training  field,  &c.  :  Whereupon  we  beg 
leave  to  report  to  your  Honours,  that  we  find  the  place  accom- 
modated to  tlie  center  of  said  township,  that  we  think  it  most 
convenient  that  a  meeting  house  be  erected  and  built  upon 
the  aforesaid  hill,  the  sills  thereof  encompassing  a  certain 
stake  set  up  one  end  in  the  ground,  marked  U,  with  stones 
about  it.  All  which  is  humbly  submitted  by  your  Honours' 
most  obedient  servants. 

Joseph  Strong,  John  Parry,  Experience  Porter,  Committee. 

The  above  report  of  the  committee  is  accepted  and  approved 
by  this  Assembly. 

To  the  Honourable  General  Assembly,  now  sitting  in  Hart- 
ford : 

,  We,  the  subscribers,  pursuant  to  an  order  from  your 
Honours,  bearing  date  the  second  Thursday  of  May,  anno 
1739,  have  repaired  to  North  Haven  society,  and,  being  as- 
sisted by  a  committee  chosen  by  said  society,  have  viewed 
and  considered  their  circumstances,  and  have  fixed  a  place 
where  the  said  society  shall  set  their  meeting  house,  which  is 
about  ten  rods  southward  from  their  old  meeting  house,  and 
have  pitched  down  four  stakes  at  the  said  fixed  place,  where 
the  four  corners  of  said  house  shall  stand.  May,  1739. 

Samuel  Hall,  Thomas  Miles,  Gideon  Ives,  Com''\ 

The  above  report  of  the  committee  is  accepted  and  approved 
by  this  Assembly. 

Upon  the  memori^al  of  Nathaniel  Goodyear,  Enos  Parden, 
Theophilus  Goodyear,  Joel  Munson,  Samuel  Peck,  Isaac 
Johnson,  Stephen  Cooper,  Anthony  Thompson,  Andrew  Good- 
year, Thomas  Morriss,  Josiah  Mansfield,  William  Payn,  Jona- 
than Ives,  and  Mary  Gilbert,  all  of  New  Haven  and  belonging 
to  the  first  society  in  said  town,  representing  their  great  dis- 
tance from  the  place  of  divine  worship  in  said  society  and  the 
difficulties  and  disadvantages  they  labour  under  to  attend  the 
divine  worship  there,  and  moving  to  be  annexed  to  the  parish 
of  North  Haven  in  said  town,  as  per  their  memorial  on  file 
dated  February  26th,  173| :  Resolved  by  this  Assembly,  that 
the  memorialists  be,  and  they  together  with  their  families  and 
estates  hereby  are,  released  from  the  said  first  society  and  an- 
nexed to  and  united  with  the  said  north  parish,  to  be  and  re- 


1739.]  OF      CONNECTICUT.  251 

main  of  and  with  the  said  north  parish  until  this  Assembly 
shall  see  cause  to  order  otherwise  concerning  them. 

Upon  the  memorial  of  Daniel  Sperry,  Ralph  Lines,  Abell 
Mathews,  Wait  Chatterton,  Daniel  Bradley,  Amos  Bradley, 
John  Hitchcoclv,  Daniel  Rexford,  Lazarus  Ives,  Enos  Turrel, 
John  Turner,  Nathaniel  Tnttle,  Jacob  Hotcliitiss,  all  of  the 
first  parish  or  society  in  New  Haven,  representing  their  distant 
[426]  situation  ||  from  the  place  of  divine  worsiiip  and  the  diffi- 
culties they  labour  under  to  attend  the  divine  worship  there,  and 
moving  to  he  annexed  unto  the  parish  of  New  Cheshire  in  the 
town  of  Wallingford,  as  per  their  memorial  on  file,  dated 
April  18th,  1739 :  Resolved  by  this  Assembly,  that  the  said 
memorialists,  together  with  their  families  and  estates,  be  and 
they  hereby  are  annexed  unto  said  parish  of  New  Cheshire, 
to  be  and  remain  of  and  -with  the  said  parish  of  New  Cheshire 
until  this  Assembly  shall  order  otlierwise. 

Upon  the  memorial  of  the  north-west  society  in  Symsbury, 
praying  that  a  committee  may  be  appointed  to  affix  the  place 
where  said  society  shall  build  their  meeting  house,  &c. :  This 
Assembly  do  appoint  John  Chester,  Esq"",  of  Weathersfield, 
Mr.  Joseph  Talcott,  jun'",  and  Capt.  Nathaniel  Hool^er,  of 
Hartford,  a  committee  to  repair  to  said  society  and  view  and 
consider  the  circumstances  of  said  society,  and  hear  the  par- 
ties, and  affix  and  ascertain  the  place  where  said  society  shall 
build  their  meeting  house  for  divine  worship,  and  make  report 
of  their  doings  to  this  Assembly  at  their  sessions  in  October 
next. 

Upon  the  memorial  of  the  first  society  in  Symsbury,  pray- 
ing that  a  committee  may  be  appointed  to  repair  to  said  soci- 
ety and  affix  the  place  for  building  a  meeting  house  in  said 
society:  This  Assembly  do  appoint  John  Chester,  Bsq^,  of 
Weathersfield,  Mr.  Joseph  Talcott,  }u.w,  and  Capt.  Nathaniel 
Hooker,  of  Hartford,  to  be  a  committee  to  repair  to  the  said 
society,  and  view  and  consider  the  circumstances  of  said  soci- 
ety, and  hear  the  parties  there,  and  to  fix  and  ascertain  the 
place  where  said  society  shall  build  their  meeting  house  for 
divine  worship,  and  report  their  doings  to  this  Assembly  at 
their  session  in  October  next. 

On  the  memorial  of  Messrs.  John  White  of  New  Haven 
and  Joshua  Atwater  of  Wallingford,  shewing  to  this  Assembly 
that  this  Assembly  have  decreed  in  favour  of  David  Cob 
against  them,  the  said  Attwater  and  White,  for  the  sum  of 
four  hundred  and  forty  pounds  thirteen  shillings,  besides 
costs,  praying  tliis  Assembly  to  lend  them  the  aforesaid  sums 
out  of  the  interest  of  the  loan'd  money  now  in  the   hands  of 


252  PUBLIC     RECORDS  [May, 

the  Treasurer  :  Resolved  by  this  Assembly,  that  the  Treasurer 
be  directed,  aud  he  is  hereby  ordered  and  directed,  to  deliver 
out  of  the  Colony  treasury  the  sum  of  four  hundred  and  fifty 
pounds  out  of  the  interest  of  the  loan'd  money  now  in  his 
hands,  to  the  said  White  and  Atwater :  provided  they,  the 
said  White  and  Attwater,  shall  give  bond  with  sufficient  sure- 
ties to  the  acceptance  of  Nath'  Stanly  and  John  Marsh,  Esq^s, 
of  Hartford,  for  the  repayment  of  the  said  sum  with  the  law- 
ful interest  of  the  same,  at  or  before  the  first  day  of  June, 
A.  D.  1741,  mito  the  aforesaid  Treasurer,  for  the  use  of  the 
Govern  our  and  Company  of  this  Colony. 

On  the  memorial  of  John  Whiting,  Esq'",  Treasurer  of  this 
Colony,  shewing  to  this  Assembly  that  many  of  the  bonds 
given  for  interest  of  the  money  loaned  by  this  Colony,  which 
ought  to  have  been  discharged,  are  delivered  to  the  Treasurer 
and  he  stands  charged  therewith,  by  means  whereof  many 
suits  have  been  bro't  by  the  Treasurer  on  such  bonds  as  afore- 
said :  Resolved  by  this  Assembly,  that  the  whole  of  the 
lawful  charge,  which  have  arisen  on  the  suits  bro't  on  the 
bonds  -which  ought  to  have  been  discharged,  shall  be  paid  out 
of  the  Colony  treasury.  And  this  Assembly  do  appoint  Ozias 
[42TJ  Pitkin  and  John  Marsh,  Esqrs,  a  committee  to  ||  examine 
into  the  state  of  the  bonds  now  in  the  hands  of  the  Treasurer, 
or  that  may  hereafter  be  put  into  the  hands  of  said  Treasurer, 
and  to  deface  and  discharge  those  bonds  which  ought  to  be 
discharged,  and  give  the  said  Treasurer  a  receipt  of  so  many 
of  said  bonds  as  they  shall  so  discharge.  It  is  further  re- 
solved by  this  Assembly,  that  the  Treasurer  for  the  future  de- 
mand no  interest  on  the  bonds  given  for  interest  of  the  money 
loaned  by  this  Colony,  but  that  he  pursue  the  orders  of  this 
Assembly  already  given  to  put  the.  bonds  in  suit  speedily  after 
they  become  due.  And  the  Treasurer  is  desired  and  directed 
to  return  and  pay  to  the  several  persons,  on  their  request,  the 
respective  sums  of  money  which  he  has  already  received  as 
interest  on  the  interest  bonds  as  aforesaid. 

His  Honour  the  Governour  having  communicated  to  this 
Assembly  a  letter  from  Mr.  Secretary  Willard,  respecting  the 
perambulation  of  the  line  between  the  Massachusetts  govern- 
ment and  this,  in  the  year  1734,  by  commissioners  frcnn  each 
government:  sundry  of  the  proprietors  of  Ashford  and  Union 
objected  against  the  doings  of  said  commissioners  being  ac- 
cepted, alledging  that  the  line  run  by  them,  near  or  adjoyn- 
ing  to  the  town  of  Woodstock,  was  not  the  true  line  agreed 
upon  by  the  commissioners  from  each  government  in  the  year 
1713,  but  run  in  prejudice  of  said  proprietors:  It  is  there- 
fore resolved  by  this  Assembly,  that  Capt.  Thomas  Welles  and 


1739.]  OF      CONNECTICUT.  253 

Mr.  Roger  Newlierry  be  a  committee,  and  they  are  hereby  ap- 
pointed and  fully  impowered,  in  conjunction  with  a  committee 
from  tlie  Massachusetts,  to  repair  to  said  place,  and  having- 
first  notified  tlie  proprietors  of  Woodstock,  Ashford  and  Union, 
they  are  to  proceed  by  all  proper  methods  to  enquire  into  the 
mistakes  complained  of ;  and  if,  upon  enquiry,  they  find  there 
was  a  mistake,  they  are  to  rectify  it,  making  })roper  monu-' 
monts  in  the  line.  And  the  Secretary  of  this  Colony  is  di- 
rected to  send  a  copy  of  this  resolve  to  Mr.  Secretary  Willard, 
signifying  the  desire  of  this  Assembly  that  the  Massachusetts 
government  would,  by  their  committee,  joyn  in  the  affair,  that 
so  the  doings  upon  the  whole  may  be  confirmed. 

Whereas  this  Assembly,  at  their  sessions  in  Octol)er  last, 
divided  the  lands  with  the  towns  of  Hartford  and  Windsor, 
called  Waramaug's  Reserve,  and  ordered  them  a, patent  thereof, 
yet  have  not  enabled  them  by  any  rule  to  call  a  meeting  of 
the  proprietors  of  said  land :  Resolved  by  this  Assembly, 
that  the  Honi^'e  Joseph  Talcott,  Esq^,  and  Nathaniel  Stanly, 
Esq"",  and  Capt.  Thomas  Seymour,  of  the  town  of  Hartford, 
and  Mathew  Allyn  and  Roger  Wolcott,  Esqi's,  and  Roger  New- 
berry, of  the  town  of  Windsor,  or  any  four  of  tiiem,  shall 
have  power,  and  are  hereby  authorized  to  call  a  meeting  of 
said  proprietors,  appointing  time  and  place  and  business,  by 
setting  up  notifications  thereof  in  two  publick  places  in  each 
of  said  towns  at  least  twenty  days  before  said  meeting ;  which 
notification  so  set  up  shall  be  a  legal  warning  for  said  pro- 
prietors to  meet. 

[Jpon  the  memorial  of  Joseph  Backus,  junr,  of  Norwich ; 
It  is  ordered  and  resolved  by  this  Assembly,  that  the  bond 
given  by  him  and  Samuel  Backus  of  said  Norwich,  for  the 
sum  of  X383  13s.  lid.  now  due  to  this  government,  both 
principal  and  interest,  be  deferred  to  the  10th  of  May,  1741, 
and  no  suit  shall  be  bro't  thereon  till  that  time  be  past. 
[428]  An  Act  in  Addition  to  and  Explanation  of  the 
Law  entituled  An  Aet  in  Addition  to  and  for  the 
Explaining  of  the  Law  referring  to  Idiots. 

Whereas  the  provision  made  in  said  act  for  the  support  of 
poor,  impotent  persons  is  limited  to  idiots  and  distracted  per- 
sons, and  no  provision  is  therein  made  for  the  support  of  per- 
sons rendered  impotent  and  unable  to  support  themselves  by 
age  or  sickness  :     Which  to  remedy. 

Be  it  enacted  hy  the  G-overnour,  Council  and  Represe7itatives, 
in  G-eneral  Court  assembled.,  and  hy  the  authority  of  the  same., 
That  whatsoever  person  or  persons  shall  thro  age,  sickness, 
or  otherwise,  be  rendered  impotent  and  unable  to  support  and 
maintain  themselves,  and   having  no  estate  to  support  them 


254  PUBLIC     RECORDS  [May, 

withal,  that  then  and  in  snch  case,  the  relatives  of  such  im- 
potent person  or  persons,  in  such  degree  of  kindred  as  in  said 
act  is  mentioned,  shall  relieve  and  support  them  in  such  man- 
ner as  in  said  act  is  provided  ;  on  pain  that  every  one  failing 
therein  shall  forfeit  thirty  shillings  per  week  for  every  weeks 
neglect,  to  be  levyed  as  in  said  act  is  provided. 

Mr.  James  Harriss  of  New  London  representing  to  this  As- 
sembly an  account  of  sundry  disbursements  by  him  made  in 
a  journey  to  Boston  with  Ben  Uncas,  sachem  of  the  Mohegan 
Indians,  to  the  Commissioners,  in  order  to  obtain  copies  for 
the  service  of  this  Colony,  &c. :  Resolved  by  this  Assembly, 
that  the  Treasurer  of  this  Colony  pay  unto  the  said  James 
Harriss  the  sum  of  twenty-five  pounds  nine  shillings,  in  full 
discharge  of  said  disljursements,  and  also  the  sum  of  ten 
pounds  money  for  his  service  in  the  said  affair,  and  also  the 
sum  of  five  pounds  money  to  the  said  sachem  for  his  service 
in  said  affair. 

This  Assembly  being  informed  that  there  is  in  the  hands  of 
the  Treasurer  the  sum  of  ,£573  14.s.  Ihi.  of  good  bills  fit  for 
further  service  bro't  in  by  the  last  rate,  as  also  that  there  is  a 
considerable  quantity  of  money  in  the  hands  of  said  Treasurer 
bro't  in  for  the  interest  of  the  loan  money : 

Resolved  by  this  Assembly,  That  the  said  Treasurer  be  and 
he  is  hereby  authorized  and  impowered,to  issue  out  and  deliver 
the  said  sum  of  <£573  14s.  l^d.  of  the  rate  bills,  and  the  sum 
of  three  thousand  pounds  out  of  the  interest  of  the  loan 
money,  towards  payment  of  the  debts  and  necessary  charges 
of  this  Colony,  according  to  such  order  as  shall  be  given  him 
from  time  to  time  according  to  law. 

It  having  heretofore  appeared  to  this  Assembly  that  there 
is  great  need  of  a  ferry  over  the  great  river,  somewhere  be- 
tween New  London  and  Norwich:  This  Assembly  thereupon 
appoint  John  Bulkley,  Hezekiah  Huntington,  Esq",  and  Capt. 
Simon  Lothrop,  a  committee,  (at  the  cost  of  those  who  shall 
desire  them,)  to  repair  to  said  river,  view  the  same,  and  find 
out  the  most  convenient  place  for  a  ferry,  and  make  report 
thereof  to  this  Assembly  in  October  next. 

Ordered  by  this  Assembly,  That  Ozias  Pitkin,  Esq"",  and 
Capt.  John  Marsh,  receive  of  the  Treasurer  tiiat  receipt,  men- 
tioned in  the  result  of  the  audit,  under  the  hand  of  John  Sloss 
for  the  sum  of  two  hundred  pounds,  and  that  they  deface  the 
same  accordingly.  And  also  the  Treasurer  is  directed  to  sue 
out  that  bond  of  about  eight  pounds  under  the  hand  of  John 
Trowbridge  of  New  Haven. 

[429]      Ordered  by  this  Assembly,  That  the  Treasurer  pay 


1739.]  OF      CONNECTICUT.  255 

to  Hezekiah  Huntington  and  Simon  Lotiirop,  for  waiting  on 
the  Commissioners  out  of  tlie  government,  the  sum  of  one 
pound  eight  shillings. 

Ordered  by  this  Assernbl//,  That  the  Treasurer  pay  unto 
Robert  Geer,  for  three  days  tendance  at  the  Commissioners' 
court,  one  pound  and  one  shilling. 

The   Additions  to   the  Lists   of   Estate  of  the   several' 

Towns  in  this  Gpvernrhent  hereafter  mentioned, 

sent  in  to  this  Assembly,  are  as  follow,  (viz  :) 

Single  additions.  Fourfold  assessments. 

I.      s.  d. 


0     0 


I. 

s. 

d. 

To  Glasscnbury, 

72 

10 

0 

To  Midletown, 

191 

4 

0 

To  Windsor, 

893 

0 

0 

To  Hartford, 

681 

2 

0 

To  Weathersfield, 

702 

8 

6 

To  Killingsvvorth, 

167 

19 

3 

To  New  Haven, 

1373 

2 

3 

To  New  London, 

268 

0 

0 

To  Fairfield, 

326 

0 

6 

To  Guilford,  over  cast,  37 

8 

10 

To  Norwich, 

666 

6 

0 

To  Stonington, 

2020 

12 

4 

To  Symsbury, 

204 

7 

0 

To  Stratford, 

122 

0 

0 

To  Coventry, 

301 

11 

0 

To  Lyme, 

528 

9 

6 

To  Standford, 

131 

2 

6 

To  KiUingly, 

685 

0 

0 

To  Wallingford, 

342 

0 

0 

To  Farmingtown, 

235 

16 

0 

To  Saybrook, 

123 

9 

0 

To  Hebron, 

139 

0 

0 

To  Colchester, 

636 

0 

0 

To  Mansfield, 

To  Windham, 

852 

16 

10 

To  Norwalk, 

213 

18 

0 

To  AVoodbury, 

407 

12 

0 

To  Groton, 

385 

7 

6 

To  Preston, 

110 

0 

0 

To  Pomfrett, 

777 

0 

0 

To  Lebanon, 

831 

15 

0 

To  Brandford, 

413 

3 

9 

To  Ashford, 

24 

0 

0 

To  Plainfield, 

92  14 

•6 

156     0 

519     0 

0 
0 

774  10 
699  19 
1109  14 
131  10 

0 
0 
0 
0 

72  16 
217  15 

0 
0 

72     0 

74     4 

360  15 

0 
0 
0 

144     0 
15     0 
32     4 

485     8 

0 
0 

0 
0 

94     0     0 
Upon  the  petition  of  Mary  Dyx  vs.  Jonathan  Nott,  &c.,  on 


256  PUBLIC    RECORDS  [May, 

file:  The  defendant  pleaded  in  abatement  of  the  petition,  that 
the  matter  in  question,  about  which  the  judgment  called  in 
question  was  conversant,  did  not  exceed  the  sum  of  fifteen 
pounds:  On  consideration  whereof,  tliis  Assembly  are  of  the 
opinion,  that  the  damages  demanded  not  exceeding  the  sum 
aforesaid,  thO  title  of  laud  was  pleaded  in  justification  of 
the  trespass,  the  petition  ought  not  to  be  heard ;  and  there- 
upon have  considered  that  the  petition  be  dismissed.  Cost 
alloived  to  the  respondents  is  £2  10s.  9d. 

[430]  On  the  petition  of  Joshua  Huntington  of  Norwich  vs. 
John  Waterman,  jun'",  of  Norwich,  on  file :  The  question  was 
put,  whether  anything  prayed  for  therein  should  be  granted, 
and  resolved  by  this  Assembly  in  the  negative.  Cost  alloiv'd 
respo7ident  is  3L  9s.  6d.     Ex.  granted  June  Is^,  1739. 

On  the  petition  of  John  Stoyel,  of  Stoningtown,  vs.  John 
Gallop,  (fee,  of  Yoluntown,  and  Timothy  Pierce,  Esq"",  of 
Plainfield,  and  the  rest  of  the  inhabitants  of  Plainfield,  and 
John  Fellows  of  Plainfiidd,  and  the  rest  of  the  proprietors  of 
the  common  and  undivided  lands  in  the  township  of  Plainfield, 
on  file :  The  question  was  put,  whether  anything  prayed  for 
in  the  said  petition  should  he  granted,  and  resolved  by  this 
Assembly  in  the  negative.  Cost  alloiv'd  Gallop  ^c.  of  Vol- 
untown,  is  11.  Is.  6d.  Cost  allotv^d  the  toivn  of  Plainfield  is 
11.  10s. 10c?.     Executions  granted  October  20th,  1739. 

On  the  petition  of  Mathew  Allyn,  Esq'",  and  Thomas 
Stoughton,  of  Windsor,  proprietors  of  the  common  and  undi- 
vided land  in  Windsor,  and  the  rest  of  the  proprietors  of 
said  common  and  undivided  lands,  vs.  Ebeaezer  Hallibird  of 
Windsor,  on  file :  The  question  was  put,  whether  the  pleas 
offered  in  abatement  of  said  petition  are  sufficient,  and  re- 
solved by  this  Assembly  in  the  affirmative.  Cost  alloived 
to  the  respondent  is  £-1  Is.  Od.     Ex.  granted  Jidy  10th.,  1739. 

On  the  petition  of  Dorothy  Cross  alias  Rice,  of  Mansfield, 
•ys.  Peter  Cross  of  Mansfield,  as  on  file:  The  question  was 
put,  whether  anything  prayed  for  in  the  said  petition  should 
be  granted,  and  resolved  by  this  Assembly  in  the  negative. 

On  the  memorial  of  Thomas  Tiffany,  &c.,  of  Ashford,  vs. 
William  Chandler  of  Thompson  parish,  one  of  the  proprietors 
of  New  Scituate,  and  the  rest  of  the  proprietors  thereof,  on 
file :  The  question  was  put,  whether  anything  prayed  for  in 
said  memorial  should  be  granted,  and  resolved  by  this  Assem- 
bly in  the  negative.  Cost  alloived  to  the  respo7idents  is  £1 18s. 
4id.     Ex.  granted  June  23c?,  173^. 

On  the  memorial  of  David  Smith  of  Hartford :  This  Assem- 


1739.]  OP      CONNECTICUT.  257 

bly  do  hereby  free  and   release  the  said   David   Smith  from 
paying  any  rates  or  publick  taxes  for  his  head  for  the  future. 

On  consideration  of  the  memorial  of  William  Cowles  of 
Hartford  :  This  Assembly  do  hereby  free  and  release  him  for 
the  future  from  paying  any  rates  or  taxes  for  his  head. 

This  Assembly,  upon  the  prayer  of  Samuel  Gilman  of 
Hartford,  do  free  and  release  him  from  paying  any  rates  or 
publick  taxes  for  his  head  for  the  future. 

Cost  allowed  William  Bushnell  of  Hartford,  for  attendance, 
&c.,  to  answer  the  petition  of  Betty  Toney  of  Hartford,  with- 
drawn, is  £0  17s.  6fZ. 

Cost  altowed  to  John  Thompson  of  Stratford  against  David 
Judson  of  Stratford,  for  attendance  &c.  to  answer  his  petition, 
withdrawn,  is  X3  6s.  Od.     Ex.  granted  October  25th,  1739. 

Whereas  the  business  of  this  Assembly  has  drawn  out  their 
present  sessions  to  such  a  length  that  all  the  members  there- 
[431]  of  cannoi,  without  ||  great  inconvenience,  stay  to  hear 
the  records  of  the  acts  of  this  Assembly  read  off  and  com- 
pleated :  This  Assembly  do  therefore  order  and  appoint  Roger 
Wolcott,  Nathaniel  Stanly,  Ozias.  Pitkin,  William  Pitkin, 
Esqfs,  Capt.  John  Marsh,  Mr.  Joseph  Buckingham,  Coll.  David 
Goodrich,  Capt.  John  Chester,  Capt.  Henry  Allyn,  Mr.  Roger 
Newberry,  Capt.  Thomas  Wells,  and  Mr.  Jonathan  Hale,  a 
committee  in  the  name  and  behalf  of  this  Assembly,  to  attend 
his  Honour  the  Governour  to  hear  the  records  of  the  acts  of 
this  Assembly  read  off,  and  see  them  perfected  and  then 
signed  by  the  Secretary  as  compleat. 

The  several  Acts,  Grants  and  Orders  of  this  Assembly,  as 
they  stand  entered  on  the  pages  of  this  book  next  preceding, 
were  read  off  in  the  presence  of  his  Honour  the  Governour 
and  the  committee  abovenamed,  (except  Roger  Wolcott,  Esq"", 
and  Capt.  Thomas  Wells,)  and  are  true  and  compleat. 

Test.  George  Wtllys  Sect'^y. 


[432]  Anno  Regni  Regis  Greorgii  secundi  decimo-tertio . 

Connecticut 
Colony. 

At  a  General  Assembly  holden   at  New   Haven   in   his 
Majesties   English    Colony    of   Connecticut,    in    New 
England   in  America,  on  the  second    Thursday  of  Oc- 
tober, (being  the  11th   day  of  said   month,)  and  con- 
33 


258  PUBLIC      RECORDS  [Oct. 

TINUED     BY   SEVERAL    ADJOURNMENTS    UNTIL    THE    olST    DAY 
OP  THE   SAME   MONTH,   AnNOQUE   DoMINI    1739.* 

Present : 
The  Houourable  Joseph  Talcott,  Esq^,  Governour.f 
The  Hon*'>e  Jonathan  Law,  Esq"",  Deputy  Governour. 

Samuel  Eells,  "^       tit? 

Roger  Wolcott,  ^^^^^  ^"^'^'^  , 

Ta         W  f]         tl  feamuel  Lynde, 

NatlmniefstrnTy,''  \     ^'^^'^%^^'''^       ^^E.^^^^ Assistants. 

T        1   Tt-1 -J--  Koo-er  JNewton, 

Joseph  VVhitmo;,  -^,1  o-n- 

rp.     V,     T)-  Lbenezer  femiman, 

Timothy  Pierce,      j  ' 

Representatives  or  Deputies  that  were  returned  to  attend  at  this 
Assembly  are  as  follow^  (viz:) 

Capt.  John  Marsh,  Capt.  Joseph  Pitkin,  for  Hartford. 

Mr.  Nath^  Saltonstall,  Mr.  Jeremiah  Chapman,  for  New  Lon- 
don. 

Capt.  Jabez  Huntington,  Mr.  Ebenezer  Wales,  for  Windham. 

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

Mr.  Ebenezer  West,  Mr.  Jonath"  Trumble,  for  Lebanon. 

Capt.  James  Beebe,  Mr.  John  Benedick,  for  Danbury. 

Capt.  James  Lockwood,  Mr.  Sam'  Clugstone,  for  Norwalk. 

Capt.  Caleb  Cone,  for  Haddam. 

Capt.  Stephen  Lee,  Capt.  Daniel  Ely,  for  Lyme. 

Mr.  Thomas  Stephens,  John  Douglass,  for  Plainfield. 

Mr.  John  Bostwick,  Capt.  Theophilus  Baldwin,  for  ^ew  Mil- 
ford. 

Capt.  Isaac  Dickerman,  Mr.  John  Hitchcock,  for  New  Haven. 

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

Mr.  Hezh  Huntington,  Mr.  Samuel  Backus,  for  Norwich. 

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

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

Capt.  Thomas  Knowles,  Capt.  Andrew  Hinman,  for  Wood- 
bury. 

Mr.  Stephen  Hopkins,  Capt.  W™  Judd,  for  Waterbury. 

Mr.  Isaac  Spencer,  for  East  Haddam. 

Capt.  Henry  Allyn,  Mr.  Roger  Newberry,  for  Windsor. 

Mr.  John  Dyer,  Capt.  Deliverance  Brown,  for  Canterbury. 

Capt.  John  Bulkley,  Capt.  Nath'  Foot,  for  Colchester. 

[483]  Mr.  Boaz  Sterns,  Mr.  Penuel  Childs,  for  Killingly. 

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

Mr.  Ebenezer  Holbrook,  Mr.  Joseph  Craft,  for  Pomfrett. 

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

Mr.  Amos  Cheesbrough,  Mr.  Simeon  Minor,  for  Stoningtown. 

*The  Journal  of  the  Lower  House  is  not  found. 

fThe  Governour,  being  unwell,  did  not  give  his  attendance  until  the  afternoon  of 
the  17th. 


1739.]  OF      CONNECTICUT.  259 

Mr.  Benja  Skinner,  Mr.  Joseph  Phelps,  for  Hebron, 
Mr.  Hezh  Park,  Mr.  Nathaniel  Brown,  for  Preston. 
Capt.  Henry  Crane,  Mr.  Nathan  Camp,  for  Durham. 
Capt.  John  Chester,  for  Weathersfield. 
Mr.  Jabez  Mead,  Capt.  Nath'  Peck,  for  Greenwich. 
Capt.  Jonath.  Hoit,  Capt.  Jonath.  IMaltby,  for  Standford. 
Capt.  Theophilus  Yale,  Capt.  Benjamin  Hall,  for  Wallingford. 
Capt.  Christopher  Avery,  Mr.  Dudley  Woodbridge,  for  Groton. 
Capt.  Thomas  Welles,  Mr.  Jonathan  Hale,  for  Glassenbury. 
Mr.  Josiali  Conant,  Mr.  Experience  Porter,  for  Mansfield. 
Mr.  Philip  Eastman,  Mr.  Robert  Knowlton,  for  Ashford. 
Mr.  Joseph  Strong,  Capt.  Samuel  Parker,  for  Coventry. 
Mr.  John  Lane,  Capt.  David  Buel,  for  Killingsworth. 
Mr.  Thomas  Hart,  Mr.  John  Hart,  for  Farmingtown. 
Mr.  Jabez  Hamlin,  Capt.  Thomas  Johnson,  for  Midletown. 
Capt.  John  Russell,  Mr.  Jon^h  Russell,  for  Brandford. 
Capt.  Sam'  Willard,  Mr.  Nath'  Clark,  for  Saybrook. 

Mr.  Jonathan  Trumble,  Speaker     )  of  the  House  of  Rep- 
Capt.  John  Russell,  Clerk  )      resentatives. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Bough- 
ton  to  be  Captain  of  the  second  company  or  trainband  in  the 
town  of  Danbury,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas  Ste- 
phens to  be  Lieutenant  of  the  second  company  or  trainband  in 
the  town  of  Danbury,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Mathew  Bough- 
ton  to  be  Ensign  of  the  second  company  or  trainband  in  the 
town  of  Danbury,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Andrew  Ward, 
jun^,  to  be  Captain  of  the  second  company  or  trainband  in  the 
town  of  Guilford,  and  order  that  he  be  commissioned  accord- 
ingly- 

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Hub- 
bard to  be  Lieutenant  of  the  second  company  or  trainband  in 
the  town  of  Guilford,  and  order  that  he  be  commissioned  ac- 
cordingly. 

[434]  This  Assembly  do  establish  and  confirm  Mr.  Mathew 
Griswould  to  be  Captain  of  the  south  company  or  trainband 
in  the  town  of  Lyme,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Read  to 
be  Captain  of  the  company  or  trainband  at  the  parish  of  Read- 


260  PUBLIC      RECORDS"  [Oct. 

ing  in  the  town  of  Fairfield,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Stephen  Bm-r 
to  be  Lieutenant  of  the  company  or  trainband  at  the  parish  of 
Reading  in  the  town  of  Fairfield,  and  order  that  he  be  com- 
missioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Lemuel  Sand- 
ford  to  be  Ensign  of  the  company  or  trainband  in  the  parish 
of  Reading  in  the  town  of  Fairfield,  and  order  that  he  be  com- 
missioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Benjamin  Sea- 
berry  to  be  Lieutenant  of  the  Troop  in  the  county  of  Wind- 
ham, and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Amos  Spafford 
to  be  Quarter  Master  of  the  Troop  in  the  county  of  Windham, 
and  order  that  he  be  commissioned  accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Isaac  Shepard, 
iun'',  to  be  Ensign  of  the  second  company  or  trainband  in  the 
town  of  Plainfield,  and  order  that  be  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Warren 
to  be  Lieutenant  of  the  second  company  or  trainband  in  the 
town  of  Plainfield,  and  order  that  he  be  commissioned  accord- 
ingly- 

This  Assembly  do  establish  and  confirm  Mr.  Obadiah  John- 
son to  be  Lieutenant  of  the  first  company  or  trainband  in  the 
town  of  Canterbury,  and  order  that  he  be  commissioned  ac- 
cordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Robert  Allyn 
to  be  Captain  of  the  second  company  or  trainband  in  the  town 
of  Groton,  and  order  that  he  be  commissioned  accordingly. 

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

[435]  This  Assembly  do  establish  and  confirm  Mr.  Nathaniel 
Holcomb  the  3d  to  be  Captain  of  the  1  st  company  or  train- 
band in  the  town  of  Symsbury,  and  order  that  he  be  commis- 
sioned accordingly. 


1739.]  Of    CONNECTICUT.  261 

This  Assembly  do  appoint  Mr.  Joseph  Wilcoxson  2(i  to  be 
Ensign  of  the  first  company  or  trainband  in  tlie  town  of 
Symsbury,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joshua  Hutch- 
ins  to  be  Ensign  of  the  4th  company  or  trainband  in  the  tovv^i 
of  Norwich,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Coit  to 
be  Captain  of  the  3d  company  or  trainband  in  tlie  town  of 
Preston,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr,  James  Ray- 
nolds,  jun'",  to  be  Ensign  of  the  first  company  or  trainband  at 
Horseneck  parish  in  the  town  of  Greenwich,  and  order  that 
he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Theophilus 
Nickels  to  be  Captain  of  the  north  company  or  trainband  in 
the  town  of  Stratford,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Wait  Corn  well 
to  be  Lieutenant  of  the  south  company  or  trainband  in  the 
town  of  Midletown,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel  John- 
son to  be  Ensign  of  the  south  company  or  trainband  in  the 
town  of  Midletown,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Gates  to 
be  Lieutenant  of  the  company  or  trainband  in  the  west  society 
in  Colchester,  and  order  that  he  be  commissioned  accordingly. 
•  This  Assembly  do  establish  and  confirm  Mr.  John  Randal 
to  be  Lieutenant  of  the  3d  company  or  trainband  in  the  town 
of  Stoningtown,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Breed 
to  be  Ensign  of  the  3d  company  or  trainband  in  the  town  of 
Stoningtown,  and  order  that  he  be  commissioned  accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Ichabod  Palmer 
to  be  Lieutenant  of  the  fifth  company  or  ti-ainband  in  the  town 
of  Stoningtown,  and  order  that  he  be  commissioned  accord- 

This  Assembly  do  establish  and  confirm  Mr.  Mathew  Ran- 
dal to  be  Ensign  of  the  5th  company  or  trainband  in  the  town 


262  PUBLIC      RECORDS  [Oct. 

of  Stoningtowii,  and  order  that  he  be  commissioned  accord- 
ingly. 

[436]  This  Assembly  grants  a  rate  of  one  penny  on  the 
pound  on  all  the  polls  and  rateable  estate  within  this  govern- 
ment, to  be  paid  into  the  publick  treasury  in  bills  of  credit  of 
this  Colony  with  the  usual  advance  of  twelve  pence  on  the 
pound;  or  in  the  true  bills  of  credit  of  four  signers  of  the 
Massachusetts  Bay,  or  in  true  bills  of  credit  of  New  York, 
without  advance  on  them;  or  in  silver  money  as  it  passeth  in 
the  country. 

Upon  the  motion  of  Ben  Uncas,  Sachem  of  the  Moheag  In- 
dians, his  Honour  the  Governour,  &c.,  did  direct  Capt.  John 
Pickett  of  New  London  to  deliver  to  said  sachem  and  Indians 
some  of  the  fire-arms  that  belong  to  this  Colony  then  in  said 
Pickett's  care,  taking  James  Harris's  bond  for  their  safe  re- 
turn: and  forasmuch  as  the  difficulties  the  said  Indians  were 
then  under  is  at  an  end :  It  is  therefore  ordered  by  this  As- 
sembly, that  John  Richards,  Esq"",  of  New  London,  do  take 
effectual  care  that  the  said  Harris  do  presently  deliver  all  the 
said  arms  delivered  as  aforesaid  unto  Mr.  John  Pickett  of  said 
New  London,  that  they  may  be  lodged  with  the  other  arms 
that  are  now  in  said  Mr.  Pickett's  care. 

The  General  Assembly  of  the  Colony  of  Connecticut  in 
their  sessions  at  Hartford  in  May  last  appointed  Messrs.  John 
Richards,  Christopher  Avery  and  Dudley  Woodbridge,  a  com- 
mittee to  repair  to  the  parish  of  New  Concord  in  the  town  of 
Norwich,  view  the  circumstances  of  the  inhabitants  thereof 
and,  having  heard  their  pleas,  to  consider  and  affix  a  place  to 
build  a  meeting  house  for  divine  worship,  and  to  make  report 
of  their  doings  in  the  premises  to  the  General  Assembly  to  be 
held  at  New  Haven  in  October  instant.  And  accordingly  the 
said  committee  have  reported  that,  agreeable  to  their  said  ap- 
pointment and  instructions,  they  have  considered  and  deter- 
mined that  the  most  suitable  place  for  the  inhabitants  of  said 
society  to  build  a  meeting  house  upon  is  a  knowl  or  rising 
piece  of  ground  in  the  field  ot  John  Birchard,  on  which  the 
said  committee  have  set  down  a  stake  to  be  encompassed  by 
the  sills  of  said  liouse  when  it  shall  be  erected.  This  Assem- 
bly does  approve  of  and  accept  said  report,  and  thereupon  enact 
that  the  said  society  proceed  to  erect  a  house  for  divine  wor- 
ship in  the  place  above  described,  and  make  report  of  their 
progress  therein  from  time  to  time,  according  to  the  direction 
of  the  law. 

This  Assembly  do  appoint  Capt.  Daniel  Ely  to  be  a  Justice 
of  the  Peace  in  and  for  the  county  of  New  London  till  the  first 
day  of  June  next. 


1739.]  OF      CONNECTICUT.  263 

This  Assembly  do  appoint  Mr.  John  Whiting  to  be  a  Justice 
of  the  Peace  in  and  for  the  county  of  New  London  till  the  first 
day  of  June  next. 

Whereas  the  Honourable  the  General  Assembly,  at  their 
sessions  in  May  last,  appointed  Messrs.  Benjamin  Hall,  Joseph 
Thompson  and  William  Preston,  a  committee  to  repair  unto 
[437]  the  parigh  of  Westberry,  to  notify  the  inhabitants  || 
thereof,  hear  their  pleas  and  allegations,  view  and  consider 
their  circumstances,  and  ap*}}oint  and  ascertain  the  place  in 
said  society  where  to  build  a  meeting  house  for  divine  wor- 
ship, and  report  their  doings  to  this  Assembly :  Said  com- 
mittee having  repaired  to  said  parish,  &c.,  accordingly  do 
report,  that  they  have  set  up  a  stake  with  stone§  laid  unto 
it  in  the  southwest  corner  of  Eliezer  Scott's  barn  lot,  near  to 
the  road  or  intended  highway  that  runs  north  and  south, 
where,  they  are  of  opinion,  is  the  most  convenient  place  to 
build  a  meeting  house  in  said  society :  Whereupon  this  Assem- 
bly do  approve  of  and  confirm  said  report,  and  do  establish  the 
place  above  described  in  said  southwest  corner  of  said  Scott's 
land  where  said  committee  set  up  a  stake,  to  be  the  place 
where  said  society  shall  build  their  meeting  house  for  the 
worship  of  God, 

This  Assembly  do  appoint  Mr.  Benjamin  Hand  to  be  a  Jus- 
tice of  the  Peace  in  and  for  the  county  of  New  Haven  until 
the  first  day  of  June  next. 

This  Assembly  do  order  tiie  Treasurer  of  this  Colony  to 
pay  out  of  the  publick  treasury  unto  Peter  Bours,  Esq"",  of 
Rhoad  Island,  the  sum  of  twenty-five  pounds  in  bills  of  credit, 
to  answer  his  trouble  and  charges  in  preparing  and  sending 
the  report  and  judgment  of  the  Commissioners  with  a  letter  to 
the  King's  Majesty, 

It  having  heretofore  appeared  to  this  Assembly  that  there 
is  great  need  of  a  ferry  over  the  great  river,  somewhere  be- 
tween New  London  and  Norwich:  This  Assembly  thereupon 
appoint  Hezh   Huntington,   Esq"",   Capt,  Simon  Lothrop  and 
Mr.  Samuel  Backus,  a  committee,  (at  the  cost  of  those  that 
shall  desire  them,)  to  repair  to  said  river,  view  the  same,  and 
find  out  the  most  convenient  place  for  a  ferry,  and  make  re- 
port thereof  to  this  Assembly  in  May  next. 
The  Gentlemen  nominated  by  the  Votes  of  the  Fre- 
men  of  this  Colony  to  stand  for  Election  in 
May  next  are  as  foUo^w,  (viz  :) 
The  Honi^'e  Joseph  Talcott,  Esqr, 
The  HonL-'e  Jonth"  Law,  Esq^. 

Samuel  Eells,  Esq'",  James  Wadsworth,  Esqr. 

Roger  Wolcott,  Esq"-,  Nath'  Stanly,  Esq--. 


264  PUBLIC      RECORDS  [Oct. 

Joseph  Whiting,  Esqr.  Ebeiiezer  Silliman,  Esq^ 

Ozias  Pitkin,  Esq"",  Thomas  Fitch,  Esqr. 

Timothy  Pierce, Esq"'.  Mr.  Jonathan  Trumble. 

John  Burr,  Esq"",  Mr.  Hezekiah  Huntington. 

Samuel  Lynde,  Esq"".  Capt.  John  Bulkley. 

William  Pitkin,  Esq"-.  Capt.  Samuel  Hill. 

Roger  Newton,  Esq"".  Mr.  Ebenezer  West. 

This  Assembly  do  order  and  direct  the  Treasurer  of  this 
Colony,  Capt.  John  Whiting,  to  attend  the  Assembly  on 
Thursday  the  25th  day  of  October  instant,  and  bring  with 
him  a  sufficiency  of  the  bills  of  credit  in  his  hands  to  defray 
the  charge  of  this  Assembly. 

[438]  This  Assembly  do  appoint  Capt.  David  Whitney  of 
the  town  of  Canaan  to  be  a  Justice  of  the  Peace  for  the  county 
of  Hartford  until  the  first  day  of  June  next. 

This  Assembly  do  order  and  appoint  Capt  John  Whiting, 
Treasurer,  Mr.  Jolin  Austin  and  Capt.  Joseph  Pitkin,  to  audit 
and  settle  an  account  of  what  bills  of  credit  have  been  emitted 
by  this  Assembly  from  time  to  time  to  defray  the  incident 
charges,  and  what  has  been  emitted  in  loan,  and  what  has 
been  drawn  into  the  treasury  again,  and  lay  the  accounts  be- 
fore this  Assembly  in  May  next,  in  order  to  inform  the  gov- 
ernment what  sum  in  the  bills  of  publick  credit  on  this  Colony 
is  now  outstanding. 

This  Assembly  do  appoint  Mr.  Samuel  Lewiss  of  the  town 
of  Kent  to  be  a  Justice  of  tlie  Peace  for  the  county  of  Hartford 
until  the  first  day  of  June  next. 

This  Assembly  do  appoint  Mr.  Nathaniel  Skinner  of  Sliaron 
to  be  a  Justice  of  the  Peace  for  the  county  of  New  Haven  till 
the  first  day  of  June  next. 

This  Assembly  do  establish  and  confirm  Mr.  Barnabas  Bald- 
win to  be  Ensign  of  the  sixth  company  or  trainband  in  the 
town  of  New  Haven,  and  order  that  he  be  commissioned  ac- 
cordingly. 

Resolved  hy  this  Assemhly,  That  the  west  parish  in  the  town- 
ship of  Colchester  be,  for  the  future,  called  and  known  by  the 
name  of  the  Parish  of  West-Chester. 

This  Assembly  being  now  informed  that  there  is  in  the 
hands  of  sundry  persons  some  of  tlie  bills  of  credit  emitted  by 
this  government  and  broken  bills  which  have  been  by  acts  of 
this  Assembly  ordered  to  be  bro't  in  and  exchanged  by  the 
Treasurer  :  And  for  a  further  relief  to  such  persons. 

Be  it  enacted  hy  the  Governour,  Council  and  Hepresentatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  the  Colony  Treasurer  shall  exchange  all  such  bills  that 


1739.]  OF      CONNECTICUT.  265 

shall  be  brought  to  hira  for  that  end,  any  time  before  the  first 
day  of  December  next,  and  no  longer. 

Upon  the  petition  of  James  Gordon  of  Boston,  praying  for 
the  liberty  of  another  tryal  in  a  case  of  book-del)t,  tryed  at  the 
superiour  court  held  at  New  London  in  September  last  between 
the  said  Gordon  and  Robert  Mackee,  of  said  New  London, 
&c.  :  Resolved  by  tliis  Assembly,  that  the  said  James  Gordon 
have  the  liberty  of  anotlier  tryal  in  said  case  at  the  superiour 
court  to  be  held  at  Norw'ch  in  March  next,  with  tbe  liberty 
to  alter  his  reply  to  the  plea  of  said  Mackee,  and  that  all  the 
cost  follow  the  final  judgment  in  said  cause. 

Upon  the  petition  of  Benjamin  Stoughton,  of  Windsor,  vs. 
John  Moore,  jun>',  of  said  Windsor,  complaining  of  a  judg- 
ment of  the  superiour  court  held  in  Hartford  in  September 
last,  given  in  favour  of  said  Moore  against  him,  and  praying 
a  reversal  of  the  same  and  a  rehearing  of  said  case,  for 
the  reasons  in  said  petition  assigned  :  Resolved  by  this  As- 
sembly, that  the  said  judgment  be  reversed  and  set  aside,  and 
[439]  tbe  same  is  hereby  reversed  and  set  aside,  with  all  || 
the  doings  dependent  thereon,  and  that  the  petitioner  have 
liberty  of  another  tryal  of  said  case  at  the  superiour  court  to 
be  held  in  Hartford  on  the  first  Tuesday  of  March  next,  and 
that  the  whole  cost  follow  the  final  judgment  in  said  case. 

Upon  the  memorial  of  the  inhabitants  living  in  the  northerly 
part  of  the  town  of  Waterbury,  by  their  agents  John  Sutlief 
and  Moses  Blakeley,  praying  this  Assembly  for  a  committee 
to  come  and  view  their  circumstances  and  to  state  a  line  be- 
tween said  inhabitants  and  the  first  society  in  said  Waterbury : 
Resolved  by  this  Assembly,  tliat  Capt.  Thomas  Miles,  Mr. 
Stephen  Hotchkiss  and  Capt.  Joseph  Thompson,  all  of  Wall- 
ingford,  be  a  committee  to  repair  to  said  Waterbury  and  view 
the  circumstances  of  tl\e  said  inhabitants,  and  to  hear  all 
parties  concerned  fully  on  the  premises,  as  well  the  first  soci- 
ety of  said  Waterbury  as  the  said  inliabitants  living  in  the 
northerly  part  of  said  town,  and  to  fix  and  state  a  line  be- 
tween said  inhabitants  and  said  first  society,  and  make  report 
of  their  doings  to  this  Assembly  in  their  present  session  or  in 
May  next. 

Upon  the  memorial  of  the  inhabitants  of  the  east  part  of 
the  north  purchase  in  Woodbury,  praying  to  be  one  ecclesi- 
astical society  with  such  privileges  as  other  societies  have  in 
this  government :  This  Asseml)ly  grants  to  the  inhal)itants  of 
the  east  part  of  the  north  purchase  in  said  Woodbury,  to  ex- 
tend west  the  one  half  the  length  of  said  north  purchase,  and 
north-east  and  south  by  the  extent  of  the  bounds  of  said  pur- 


266  PUBLIC      RECOEDS  [Oct. 

chase,  to  be,  and  it  is  hereby  ordered  that  they  shall  be,  one 
entire  distinct  society,  known  and  called  by  the  name  of  Beth- 
lehem, with  all  powers  and  privileges  that  are  granted  to 
other  ecclesiastical  societies  in  tliis  government. 

Upon  the  memorial  of  Jacob  Strong,  jun'',  Ebenezer  Lyman 
and  Daniel  Stoughton,  and  others,  inhabitants  and  proprietors 
of  the  town  of  Torrington,  praying  that  their  lands  may  be 
taxed  for  the  settlement  and  support  of  a  gospel  minister,  as 
per  memorial  on  file  appears :  Resolved  by  this  Assembly,  that 
a  tax  of  two  pence  per  acre  be  laid  upon  all  the  lands  within 
said  town  already  laid  out,  as  also  on  all  the  lands  which  may 
or  hereafter  shall  be  laid  out  within  the  second  division  in 
said  town ;  and  that  the  said  Jacob  Strong  be,  and  he  iiereby 
is,  appointed  a  collector  to  collect  the  same,  and  shall  have 
equal  power  wnth  other  collectors  of  rates  in  this  Colony ; 
and  the  said  rate,  so  to  be  raised  and  collected  by  the  said 
collector,  shall  be  by  him  paid  into  the  hands  of  Capt.  Henry 
Allyn  of  Windsor,  and  by  him  be  improved  for  and  towards 
the  settlement  and  support  of  an  orthodox  gospel  minister 
within  and  for  said  town,  and  to  no  other  use  or  purpose 
whatsoever. 

Upon  the  memorial  of  the  proprietors  of  the  township  of 
Kent :  Resolved  and  enacted  by  this  Assembly,  that  the  pro- 
prietors inhabitants  of  the  said  township  of  Kent  be  erected, 
[440]  constituted,  made  and  ||  imbodied,  and  they,  with  other 
inhabitants  thereof,  are  hereby  erected,  constituted,  made  and 
imbodied  into  a  town,  by  the  name  of  the  town  of  Kent  ;  and 
that  they,  and  such  others  as  become  inhabitants  thereof,  and 
their  successors,  sball  have,  exercise  and  enjoy,  the  authori- 
ties, powers  and  privileges,  and  be  under  the  regulations  as 
other  towns  in  this  Colony  have,  exercise,  enjoy  and  are  under, 
by  the  laws  of  this  government  ;  and  that  the  brand  for  said 
town  be  this  figure,  j[  ;  and  that  their  first  town  meeting  be 
in  December  next,  upon  the  warning  of  Samuel  Lewiss  of 
said  town  ;  and  also  that  a  tax  of  four  pence  per  acre,  for  four 
years  next  coming,  on  all  the  divided  land  and  such  as  shall 
be  divided  in  said  term  in  said  town,  to  be  reckoned  by  the 
acre  without  computing  the  addition  or  diminution  made  by 
sizing,  be  granted,  and  the  same  is  hereby  granted,  to  be 
levyed  and  collected  of  tlie  several  proprietors  of  such  lands, 
annually,  for  the  support  of  a  minister  in  said  town ;  and  that 
the  selectmen  of  the  said  town,  for  tlie  time  being,  be  a 
committee  with  full  power  to  collect  and  improve  the  same 
for  the  purpose  aforesaid. 

Upon  the  memorial  of  the  proprietors  of  the  township  of 
Canaan :  Resolved  and  enacted  by  this  Assembly,  that  the 


1739.]  OP      CONNECTICUT.  267 

proprietors  inhabitants  of  said  township  of  Canaan  be  erected, 
constitntcu,  made  and  iniliodied,  and  they,  with  other  inhabi- 
tants thereof,  are  hereby  erected,  constituted,  made  and  im- 
bed ied  into  a  town,  by  the  name  of  the  town  of  Canaan  ;  and 
tliat  they  and  such  as  become  inhabitants  thereof,  and  tlieir 
successors,  shall  have,  exercise  and  enjoy,  the  authorities, 
powers  and  privileges,  and  be  under  the  regulations  as  other 
towns  in  this  Colony  have,  exercise,  enjoy  and  are  under,  by 
the  laws  of  this  government ;  and  that  the  brand  for  said 
town  shall  be  this  (igure,  >xj  ',  and  that  the  first  town-meet- 
ing in  said  town  be  in  December  next,  to  be  warned  by  David 
Whitney  of  said  place.  And  also  liberty  is  hereby  granted 
to  the  inhabitants  of  said  town  to  imbody  in  church  estate, 
call  and  settle  a  minister,  according  to  the  laws  of  this  gov- 
ernment. 

Upon  the  memorial  of  the  proprietors  of  the  township  of 
Goshen  :  Resolved  and  enacted  by  this  Assembly,  that  the 
proprietors  inhabitants  of  the  said  towiiship  of  Groshen  be 
erected,  constituted,  made  and  imbodied,  and  they,  with  other 
inhabitants  thereof,  are  hereby  erected,  constituted  and  made 
and  embodied  into  a  town,  by  the  name  of  the  town  of  Goshen  ; 
and  that  they,  and  such  others  as  become  inhabitants  thereof, 
and  their  successors,  shall  have,  exercise  and  enjoy,  the  au- 
thorities, powers  and  privileges,  and  be  under  the  regulations 
as  other  towns  in  this  Colony  have,  exercise,  enjoy  and  are 
under,  by  the  laws  of  this  government ;  and  that  the  brand 
[441]  for  said  town  shall  be  this  figure,  _K  ;  and  that  the  first  || 
town-meeting  in  said  place  be  in  December  next,  upon  the 
warning  of  Kenajah  Williams  of  said  town ;  and  also,  that  a 
tax  of  forty  shillings  for  each  right  or  share  of  land  in  said 
town  for  four  years  be  granted,  and  the  same  is  hereby  granted, 
to  be  levyed  and  collected  of  each  proprietor  of  such  right, 
for  the  support  of  a  minister  in  said  town  ;  and  that  .the  se- 
lectmen, for  the  time  being,  are  appointed  a  committee  and 
fully  authorized  to  collect  and  improve  the  same  for  the  pur- 
pose aforesaid. 

Upon  the  memorial  of  Thomas  Hickcox  and  Mirriam  his 
wife,  of  the  town  of  Waterbury,  shewing  to  this  Assembly 
that  Samuel  Richards  of  said  VVaterbury,  deceas'd,  died  in- 
testate and  left  one  only  child,  a  daughter  about  six  days  old, 
and  the  court  of  probate  in  the  district  of  Woodbury,  held 
Octolier,  1737,  allowed,  for  the  bringing  said  child  up  till  it 
should  be  four  years  old,  the  sum  of  thirty-five  pounds,  and, 
there  not  being  sufficient  personal  estate,  ordered  that  some 
of  the  lands  of  said  minor  child  should  be  sold  to  pay  the 
same,  and  appointed   said   Hickcox   and   his   said  wife,  the 


268  PUBLIC       RECORDS  [Oct. 

mother  of  said  child,  guardians  to  said  minor ;  and  farther 
shewing  to  this  Assembly  that  they,  the  memorialists,  have 
bro't  up  said  child  until  it  is  arrived  to  the  age  of  four  years, 
and  there  is  no  more  personal  estate  of  the  deceas'd  left 
towards  paying  said  .£35  Os.  Qd.  than  £3  14s.  10c?.,  and  that 
there  is  due  to  said  guardians  from  said  estate  of  the  deceas'd, 
towards  paying  said  X3o  Os.  Qd.,  £'61  10s.  2d.,  and  no  per- 
sonal estate  remaining  to  pay  the  same ;  praying  that  this 
Assembly  would  appoint  some  meet  person  to  sell  so  much  of 
the  lands  of  the  deceas'd  Samuel  Richards  as  shall  be  suffi- 
cient, and  make  payment  of  said  X31  10s.  2d.  to  said  Hick- 
cox  and  Mirriam  his  wife :  Whereupon  this  Assembly,  as 
prayed  for,  do  appoint  and  fully  impower  and  authorize  Mr. 
Stephen  Hopkins  of  said  Waterbury,  to  sell  so  much  of  the 
lands  belonging  to  the  estate  of  the  said  Samuel  Richards, 
deceas'd,  as  shall  be  sufficient  to  pay  said  <£31  10s.  2d.  unto 
the  memorialists  and  the  charge  of  the  sale  thereof. 

This  Assembly  do  establish  and  confirm  Mr.  Caleb  Spencer 

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

of  Saybrook,  and  order  that  he  be  commissioned  accordingly. 

An  Act  in  Addition  to   one   Law  of  this   Colony   enti- 

tuled  An  Act  for  the  better  Preservation  and 

Increase  of  Deer  in  this  Colony. 

Be  it  enacted  hy  the  Grovernour,  Council  and  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  for  the  future  the  time  prohibiting  the  killing  of  deer 
shall  be  from  the  first  day  of  January  to  the  first  day  of 
August,  annually,  upon  the  same  penalty  as  is  by  law  already 
provided  ;  any  law,  usage  or  custom  to  the  contrary  notwith- 
standing. 

Upon  the  memorial  of  Joseph  Fowler,  agent  of  the  first 
society  in  Lebanon,  shewing  to  this  Assembly  that  the  said 
society,  at  the  time  of  the  building  their  new  meeting  house, 
did  vote  that  they  were  willing  a  society  should  be  set  off  in 
their  northerly  and  north-westerly  parts  at  any  time  wlien  the 
Assembly  should  think  fit,  and  that  if  such  society  should  be 
1^444*]  set  off  within  a  certain  number  of  ||  years  therein 
mentioned,  that  those  persons  that  should  be  left  to  the  first 
society  should  pay  back  to  such  new  society  the  money  that 
should  be  paid  by  those  persons  that  should  be  set  off  towards 
building  said  meeting  house,  and  that  they  would  lay  the  same 
before  the  Assembly  for  their  confirmation,  &c.,  and  that  the 
same  had  been  accordingly  confirmed  ;  also  shewing  that  the 
said  society  did,  in  their  meeting  holden  on  the  24tli  of  April 
last  past,  vote  and  grant  a  rate  of  three  pence  on  the  pound  on 

*Pages  442  and  443  are  blank. 


1739.]  OF      CONNECTICUT.  2C)9 

their  list  given  in  last  August,  for  the  purchase  of  a  bell  for 
the  said  meeting  house,  and  did  vote  that  if  a  society  should 
be  set  oft",  as  aforesaid,  by  the  time  set  in  the  former  vote 
referred  to,  that  the  money  that  sliould  be  paid  towards  the 
-purchase  of  a  bell  by  those  persons  that  should  be  set  off,  as 
aforesaid,  shall  l)e  paid  back  to  such  new  society  by  those  left 
to  the  first  society  ;  and  praying  this  Assembly  to  enact  so  as 
to  oblige  the  same  to  be  paid  accordingly  :  Whereupon  it  is 
resolved  by  this  Assembly,  that  if  there  be  a  society  set  oif 
from  said  first  society,  by  the  time  and  in  the  manner  and 
form  set  and  mentioned  in  their  former  vote  and  agreement 
above  referred  to,  those  left  to  the  first  society  by  such  setting 
off  shall,  within  one  year  from  such  setting  off,  pay  back  to 
such  new  society  all  the  money  that  shall  be  paid  towards  the 
purchase  of  a  bell  as  aforesaid  by  those  persons  that  now  live 
on  the  land  within  said  first  society  that  shall  then  be  set  off 
for  such  new  society,  and  that  if  the  money  be  not  paid  ac- 
cordingly, the  same  siiall  be  then  distrained  and  paid  by  some 
proper  means  as  the  Assembly  shall  direct. 

Upon  the  memorial  of  William  White  of  Salisl)ury,  repre- 
senting to  this  Assembly  that,  according  to  their  act  in  May, 
1738,  he  and  Lawrence  Knikerbaker,  John  Dikeman  and 
Abram  Vandusia,  had  a  right  in  the  township  of  Salisbury 
granted  to  them  in  case  they,  and  each  of  tliem,  should  quit 
their  claim  to  all  right  in  said  township  which  they  had  by 
virtue  of  any  purchase  made  of  the  Indians,  before  the  first 
day  of  August  next  after  the  said  May,  and  not  otherwise  ;  and 
that  he  had  not  made  his  deed  by  the  said  first  of  August,  for 
reasons  in  his  said  memorial  mentioned,  but  had  and  made 
his  authentick  deed  of  quit-claim  to  the  G-overnour  and  Com- 
pany of  his  said  Indian  right,  dated  the  9th  day  of  instant 
October,  and  offers  the  same  to  this  Assembly,  praying  this 
Asseml)ly  to  accept  of  his  said  deed  as  tho  made  and  delivered 
as  by  said  act  provided,  and  that  the  forfeiture  of  his  part  of 
said  right  might  not  be  taken  at  his  hands  :  This  Assembly 
do  accept  of  the  said  William  White's  deed  of  quit-claim, 
aforesaid,  to  all  intents  and  purposes,  as  tho  made  and  deliv- 
ered before  the  said  first  day  of  August,  1738,  and  that  he 
shall  have  and  hold  his  part  of  the  right  granted  as  aforesaid 
by  this  Assembly  in  the  said  township  of  Salisbury  as  afore- 
said, his  failure  notwithstanding. 

Upon  the  memorial  of  the  inliabitants  of  the  soutliermost 
town  on  the  west  side  the  Ousatunuck  river,  shewing  to  this 
Assembly  the  number  of  settlers  now  in  said  town  and  tlie 
circumstances  they  are  under,  and  praying  for  the  countenance 
[-145]  and  favour  of  this  Assembly,  first  in  allowing  ||  them 


270  PUBLIC      RECORDS  [Oct. 

to  be  formed  as  a  town,  and  to  have  the  privileges  of  other 
towns  in  the  Colony,  as  also  to  call  and  settle  some  orthodox 
minister  in  the  work  of  tlio  ministry  among  them :  Resolved 
by  this  Assembly,  that  the  inhabitants  of  said  town,  qualified 
as  the  law  directs,  shall  have  and  enjoy  all  such  rights 
and  privileges,  and  liave  such  powers,  as  are  usually  granted 
to  other  towns  in  this  Colony,  and  that  the  said  inhabitants 
shall  have  liberty  to  call  and  settle  some  orthodox  minister 
of  the  gospel  in  the  work  of  the  ministry  in  that  place,  taking 
the  advice  of  the  ministers  of  the  neighbouring  churches  ; 
and  that  said  town  hereafter  be  called  by  the  name  of  Sharon. 

And  Capt.  Jonath"  Dunham,  of  said  town,  is  hereby  ap- 
pointed and  impowered  to  warn  the  inhabitants  of  said  town 
to  meet  in  said  town  on  the  second  Tuesday  of  December 
next,  to  choose  town  officers  in  said  towm  for  the  year  ensu- 
ing. 

Upon  the  memorial  of  the  selectmen  of  the  town  of  Fair- 
field, in  behalf  of  said  town,  shewing  to  this  Assemby  that 
they  have,  at  the  charge  of  said  town,  expended  the  sum  of 
£QS  Is.  \)d.  in  providing  necessaries  for  Joseph  Bennet  of  said 
town,  son  of  Joseph  Bennet,  deceas'd,  in  his  needy  circum- 
stances occasioned  by  distraction,  and  praying  to  this  Assem- 
bly for  liberty  to  sell  so  much  of  the  lands  belonging  to  said 
Bennet  as  may  be  sufficient  to  amount  to  said  sum,  and  also 
ten  pounds  more,  to  provide  for  his  present  necessity  :  This 
Court  do  appoint  and  fully  impower  and  autliorize  Sam'  Burr 
of  Fairfield,  with  the  advice  of  the  selectmen  of  said  town,  to 
make  sale  of  so  much  of  the  lands  belonging  to  said  Bennet 
as  may  be  sufficient  to  amount  to  the  sum*  of  X78  Is.  9d.  to- 
gether with  the  charge  that  shall  arise  in  selKng  the  same. 
Xt)8  Is.  9d.  whereof  to  defray  said  charge  of  that  town,  and 
ten  pounds  to  be  improved  in  providing  necessaries  for  the 
support  and  comfort  of  said  Bennet. 

Upon  the  memorial  of  Obedience  Fairchild  of  Stratford, 
representing  to  this  Assembly  that  she  had  been  at  great  cost 
and  expences  in  bringing  up  her  daughter  Pliebe,  daughter 
also  of  her  late  husband  Nathan  Fairchild,  and  endeavouring 
a  cure  of  a  disease  called  the  king's  evil,  which  she,  the  said 
Phebe,  labours  under  ;  praying  that  this  Assembly  would  grant 
liberty  and  authority  to  sell  some  of  the  lands  belonging  to 
the  said  Phebe,  to  defray  said  charges :  This  Assembly  do 
appoint  Edmund  Lewiss,  Esq'",  and  Capt.  Theophilus  Nickols, 
to  adjust  the  account  of  past  charges  and  expences  the  said 
Obedience  hath  been  at  upon  the  account  of  the  disease  and 
infirmities  of  the  said  Phebe,  and  do  hereby  impower  the  said 


1739.]  OF      CONNECTICUT.  271 

Edmund  Lcwiss  and  Theopliilus  Nickols  to  make  sale  of  lands 
belonging  to  said  Phebe,  sufficient  to  answer  said  charges. 

Upon  the  memorial  of  John  Hide,  jun'",  and  Sarah  Fanton, 
administrators  on  the  estate  of  Jonathan  Fanton,  late  of  Fair- 
field, deceas'd,  shewing  to  this  Assembly  that  the  debts  due 
from  the  estate  of  said  deceas'd  surmount  the  credit  and 
moveable  estate  the  sum  of  ,£290  3.s.  6d.  ;  and  praying  to 
this  Assembly  that  so  much  of  the  deceas'd  Jonathan  Fan- 
ton's  real  estate  may  be  sold  as  may  be  sufficient  to  pay  and 
satisfy  the  same  with  the  necessary  charges  arising  thereon  : 
Resolved  by  this  Assembly,  that  so  much  of  the  said  deceas'd's 
real  estate  shall  be  sold  as  shall  be  sufficient  to  pay  the  said  sum 
of  ,£290  8s.  6d.  with  the  necessary  charges  arising  thereon  ; 
and  that  Capt.  Andrew  Burr  of  Fairfield  be  impowred,  and 
is  hereby  impowred  and  authorized,  to  sell  and  pass  deeds 
of  conveyance  for  the  same,  with  the  direction  of  the  court  of 
probate  in  the  district  of  Fairfield. 

[446]  Upon  the  memorial  of  Samuel  Darling  of  New 
Haven,  shewing  to  this  Assembly  that  he,  sometime  in  the 
winter  last  past,  exhibited  a  complaint  and  information 
against  John  Bellamy  of  Wallingford,  for  uttering  counter- 
feit five  shilling  bills  of  the  Province  of  New  York,  upon 
which  said  Bellamy  was  examined  and  bound  over  to  the  su- 
periour  court  to  be  holden  in  New  Haven  in  August  next  after, 
in  a  recognizance  of  £800  payable  to  the  Treasurer  of  this 
Colony ;  and  that  said  Bellamy  hath  forfeited  said  recogni- 
zance, and  by  means  whereof  £300  money  is  l)ecome  due  to 
the  government;  and  praying  as  a  recompence  therefor,  ac- 
cording to  the  law  of  this  government  in  page  170,  he  may 
receive  out  of  the  publick  treasury  of  this  government  twenty 
j)ounds :  This  Assembly  grants  to  said  Darling  the  sum  of 
twenty  pounds  as  prayed  for,  and  order  that  the  Treasurer  of 
this  Colony  pay  unto  said  Darling  the  sum  of  twenty  pounds 
out  of  the  publick  treasury  of  this  Colony. 

Whereas,  upon  the  memorial  of  the  northern  inhabitants 
of  the  town  of  Waterbury  in  New  Haven  county,  representing 
to  this  Assembly  their  great  distance  from  tlie  publick  worship 
in  said  Waterbury,  and  praying  to  become  a  distinct  parish 
and  for  a  committee  to  fix  and  ascertain  their  parochial  bounds, 
the  said  Assembly  did  appoint  Messrs.  Thomas  Miles,  Stephen 
Hotchkiss  and  Joseph  Thompson,  all  of  Wallingford,  to  be  a 
committee  to  view  the  circumstances  of  said  memorialists, 
ascertain  their  parochial  bounds,  &c.,  and  to  make  their  re- 
port in  the  premises  to  this  Assembly  in  their  present  sessions : 
And  whereas  the  said  committee  hath  now  reported  to  this 


272  PUBLIC      RECORDS  [Oct. 

Assembly  that  they,  having  viewed  and  duly  inquired  into  the 
circumstances  of  the  said  inhabitants,  do  find  them  able  and 
sufficient  to  bear  parish  charges  and  become  a  distinct  parish 
or  society,  within  the  following  limits,  Qviz ;)  Beginning  at 
the  northwest  corner  of  the  first  society  in  saijd  Waterbury 
and  the  northeasterly  corner  of  Westberry  society,  at  two 
white  oak  trees  known  by  the  name  of  Two  Brothers ;  then 
running  southeasterly  by  the  west  branch  until  it  comes  into 
the  river,  then  by  tbe  river  until  it  comes  where  Spruce  brook 
emptyeth  itself  into  the  river,  a  little  below  Upson's  Island  ; 
then  from  the  mouth  of  said  brook  a  straight  line  to  the  falls  of 
Hancox's  brook,  and  from  thence  a  straight  line  to  the  south 
side  of  Mr,  Noyes's  farm  lying  partly  on  a  hill  known  by  the 
name  of  Grassy  Hill;  and  from  thence  a  due  east  line  to 
Farmingtown  line,  then  north  by  said  Farmingtown  line  to 
Harwinton  bounds,  then  by  Harwinton  bounds  and  Litchfield 
bounds  to  the  bounds  first  mentioned  ;  bounding  south  on  said 
Waterbury  first  society ;  east,  on  Farmingtown  bounds ;  north, 
part  on  Harwinton  and  part  on  Litchfield  bounds,  and  west, 
on  said  Westberry  society;  as  by  their  report  on  file,  dated 
October  25th,  1739  :  Resolved  by  this  Assembly,  that  the  said 
memorialists,  within  the  limits  above  specified  and  described, 
be  and  become  a  separate  and  distinct  society  or  parish,  and 
that  they  shall  have  and  be  invested  with  all  the  powers  and 
privileges  wherewith  other  parishes  within  this  Colony  are 
endowed,  and  shall  be  known  and  called  by  the  name  of  the 
Parish  of  Northbury.* 

Upon  the  report  of  Samuel  Lynde,  Esq'',  Messrs.  John 
Griswould  and  Christopher  Avery,  shewing  to  this  Assembly 
that  the  most  convenient  place  for  the  inhal)itants  of  the  first 
society  in  New  London  to  build  their  meeting  house  for  divine 
worship  upon  is  near  the  southeast  corner  of  the  green  where 
the  meeting  house  now  stands,  where  is  a  stake  set  up,  which 
is  to  be  enclosed  within  the  ground-sills  within  two  feet  of  the 
southeast  corner  of  said  house  :  Resolved  by  this  Assembly, 
that  the  said  meeting  house  shall  be  built  and  erected  on  the 
place  aforesaid  ;  and  the  inhabitants  are  hereby  ordered  to 
proceed  thereupon  accordingly. 

[447]  Upon  the  memorial  of  the  parish  of  Midle-Haddam, 
shewing  to  this  Assembly  that  two-third  parts  of  the  legal 
voters  in  said  parish  did,  in  their  parish  meeting  legally  con- 
vened, vote  to  build  a  meeting  house  in  said  parish  for  divine 
service,  and  to  apply  to  this  Assembly  to  appoint  a  committee 
to  affix   and   ascertain  the  place  whereon  to  build  the  same : 

*Now  Plymouth. 


1739.]  OP      CONNECTICUT.  273 

Resolved  ])y  this  Assembly,  that  Capt.  John  Chester  of 
Weathersfield,  Capt.  Thomas  Wells  and  IMi-,  Jonathan  Plale, 
l)oth  of  Glassenbuiy,  be  a  committee  with  full  power  to  repair 
to  said  society,  at  the  cost  of  said  society,  notify  all  parties 
concerned  and  hear  tliem  thereon,  affix  and  ascertain  the 
place  whereon  to  build  a  meeting  house  for  said  parish,  and 
make  retnrn  to  the  next  General  Asseml)ly. 

Upon  the  memorial  of  Jabez  Chapman  of  East  Haddam, 
praying  this  Assembly  that  a  certain  island,  commonly  called 
by  the  name  of  Twenty  Mile  Island,  lying  between  the  towns 
of  Haddam  and  East  Iladdam,  may  be  annexed  to  the  town 
of  East  Haddam  :  Resolved  by  this  Assembly,  that  the  said 
island  be  annexed,  and  the  same  is  hereby  annexed,  to  the 
said  town  of  East  Haddam  accordingly. 

On  the  memorial  of  several  of  tiie  inhabitants  in  the  towns 
lately  sold  in  the  western  part  of  this  Colony,  sliewing  the 
necessity  of  some  proper  measures  being  taken  for  the  view- 
ing of  arms,  &c.,  of  the  inhabitants  in  the  respective  towns 
who  are  by  law  obliged  to  keep  arms,  and  dwelling  in  said 
towns: 

Be  it  enacted  by  the  Governour,  Council  and  Representatives, 
in  G-eneral  Court  assembled,  and  by  the  authority  of  the  same, 
That  the  majors  of  the  respective  counties  in  this  Colony  take 
speedy  care  to  appoint  some  suitable  person  in  each  town 
within  their  precincts  to  call  forth  and  view  the  arms  and 
ammunition  of  those  that  by  law  are  obliged  to  keep  arms  in 
the  respective  towns,  which  persons  are  to  make  due  return 
to  the  respective  majors  of  all  defects  or  want  of  arms  and 
ammunition,  as  fully-  as  commission  officers  are  obliged  by 
law  to  do  ;  and  the  inhabitants  of  the  said  towns  are  to  yield 
obedience  thereto  as  if  called  forth  by  the  proper  officers  ap- 
pointed by  law. 

On  the  memorial  of  Elihu  Hall,  administrator  on  the  estate 
of  Caleb  Atwater,  late  of  Wallingford,  deceas'd,  shewing  that 
the  personal  estate  of  the  deceas'd  is  insufficient  to  answer 
debts  and  charges  thereon  ;  praying  that  liberty  may  be  granted 
for  the  sale  of  some  of  the  deceas'd's  lands :  Resolved  by 
this  Assembly,  that  the  memorialist  and  Mr.  Joshua  Atwater 
shall  [be],  and  hereby  are,  authorized  to  make  sale  of  the  de 
ceas'd's  real  estate  to  the  amount  of  £129  7s.  9c?.,  which  is 
the  sum  the  deceas'd's  moveable  estate  falls  short  of  answer- 
ing his  debts,  with  the  necessary  charge  of  such  selling ;  to  be 
done  under  the  direction  of  the  court  of  probate  in  the  county 
of  New  Haven. 

Upon  the  report  of  Capt.  William  Wadsworth,  Mr.  John 
35 


274  PUBLIC      RECORDS  [Oct. 

Humphrey  and  Mr.  James  Cornish,  jun"",  a  committee  ap- 
pointed by  this  Assembly  in  May  last  to  fix  and  ascertain  a 
place  for  the  inhabitants  of  New  Hartford  to  l)uild  a  meeting- 
house for  the  puljlick  worship  of  God  in  said  town  :  This 
Assembly  do  accept  of  the  report  of  said  committee,  and  order 
that  the  said  inhabitants  proceed  to  erect  a  meeting  house  for 
divine  worship  in  the  place  fixed  by  said  committee. 

[448]  Upon  the  petition  of  Nathaniel  Williams  of  Killings- 
worth  vs.  Charles  Hazelton  of  said  Killings  worth,  praying  for 
a  reversal  of  a  judgment  of  the  superiour  court  held  in  New 
London  on  the  fourth  Tuesday  of  September  last,  recovered 
by  said  Hazelton  against  said  Williams,  &c. :  Resolved  by 
this  Assembly,  that  the  said  petition  be  continued,  and  the 
same  is  hereby  continued,  to  the  sessions  of  tiiis  Assembly  in 
May  next,  and  that  execution  on  said  judgment  be  stayed  and 
suspended  till  the  rising  of  said  Assembly. 

Upon  the  report  of  Messrs.  John  Chester,  Joseph  Talcott, 
junr,  and  Nathaniel  Hooker,  a  committee  appointed  by  this 
Assembly  at  their  sessions  in  May  last  to  repair  to  the  first 
society  in  Symsbury  and  view  the  circumstances  of  said  so- 
ciety, and  to  affix  the  place  where  said  society  shall  build  their 
meeting  house,  and  make  report  to  this  Assembly :  Ordered 
by  this  Assembly,  that  the  said  first  society  in  Symsbury 
shall  build  their  meeting  house  at  the  place  where  said  com- 
mittee pitched  a  stake,  at  a  place  called  Drake's  Hill,  on  the 
west  side  of  the  iiighway  that  runs  throngh  said  society  on 
the  west  side  of  the  river ;  and  said  society  are  ordered  to 
build  tlieir  meeting  house  at  the  place  aforesaid.  The  sills 
of  the  house  to  include  the  stake  pitclfed  by  said  committee 
as  aforesaid. 

Upon  the  report  of  Messrs.  John  Chester,  Joseph  Talcott, 
jun"",  and  Nathaniel  Hooker,  a  committee  appointed  by  this 
Assembly  at  their  sessions  in  May  last  to  repair  to  the  north- 
west society  in  Symsbury,  and  to  view  and  consider  the  cir- 
cumstances of  said  society,  and  to  affix  and  ascertain  the  place 
where  said  society  shall  build  their  meeting  house,  and  to  make 
report  of  their  doings,  &c. :  Resolved  by  this  Assembly,  that 
the  said  society  shall  build  their  meeting  house  at  the  place 
where  said  committee  pitched  a  stake,  at  the  north  end  of  a 
broad  street  in  said  society,  where  two  roads  meet,  one  from 
the  northerly,  and  the  other  from  the  westward,  on  the  south- 
east corner  of  a  hill ;  aud  the  said  society  are  ordered  to  build 
their  meeting  house  at  the  place  aforesaid.  The  sills  of  the 
house  to  include  the  stake  pitched  as  aforesaid. 

Upon  the  memorial  of  John  Thompson,  in  behalf  of  the 


1739.] 


OF      CONNECTICUT. 


275 


town  of  Hebron  and  the  northerly  inliabitants  thereof,  pray- 
ing to  this  Assembly  that  the  power  given  by  this  Assembly  in 
their  sessions  in  May  last  to  Roger  Wolcotl,  William  Pitkin 
and  Thomas  Welles,  Esqfs,  to  repair  to  said  Hebron  and  view, 
hear  and  consider  their  circumstances,  and  divide  them  into 
two  societies  if  they  think  it  proper,  might  be  lengthened  out: 
Resolved  by  this  Assembly,  that  Roger  Wolcott,  William  Pit- 
kin and  Thomas  Welles,  Esq's,  i^g  further  impowered  to  repair 
to  Helu'on  and  review,  reconsider,  and  draw  a  line  anew  for 
the  dividing  said  town  into  two  ecclesiastical  societies,  if  they 
think  it  may  be  proper,  and  make  report  of  their  doings  in 
the  premises  to  this  Assembly  in  May  next. 

Resolved  Inj  this  Assembly,  That,  for  the  defence  of  the  port 
at  New  London  and  the  security  of  the  sea  coasts,  Messrs. 
Thomas  Prentice,  John  Ledyard  and  Christopher  Avery  2d, 
be  a  committee  to  provide  ibr  and  bring  to  the  battery  at  said 
New  London,  for  the  use  of  this  government,  ten  good  cannon, 
suitable  for  said  battery,  mount  them  well  on  carriages ;  also 
provide  eight  carriage  and  eight  swivel  guns,  suitable  to  fur- 
nish a  sloop  of  about  seventy  tuns,  and  bring  said  guns  to  said 
battery;  also  provide  500  lb.  of  good  gunpowder  and  twenty 
balls  to  each  cannon  and  carriage  gun,  and  shot  suitable  to 
the  swivel  guns  in  like  jjroportion ; — house  said  powder,  ball, 
[449]  &c.,  II  near  to  said  battery,  there  to  be  kept  under  the 
charge  and  care  of  said  Prentice,  to  be  used  only  for  the  de- 
fence of  our  coasts  and  said  port,  as  this  Assembly  shall  order 
from  time  to  time ;  and  that  said  committee  shall  repair  the 
breaches  in  said  battery,  and  secure  it  against  the  force  of  the 
seas  breaking  thereupon.  And  said  committee  are  impowered 
to  receive  out  of  the  publick  treasury  of  this  Colony  for  re- 
pairing said  battery  and  securing  the  same,  and  for  providing 
the  said  cannon  and  guns,  &c.,  with  the  stores  as  aforesaid,  a 
sum  not  exceeding  £1100  Os.  Qd. ;  and  that  said  committee 
shall  lay  the  accounts  of  their  proceedings  in  the  premises  be- 
fore this  Assembly  at  their  sessions  in  May  next. 

The  Sunis  total  of  the  Lists  of  Estate  of  the  several 

Towns  in  this  Colony  following,  sent  in  to 

this  Assembly  and  accepted,  (viz:) 


£ 

s. 

d. 

£      s. 

d. 

New  Haven, 

41697 

6 

3 

Hartford, 

30029  15 

6 

Fairfield, 

37793 

7 

9 

New  London, 

Windham, 

17775 

5 

0 

Wallingford, 

31553  19 

9 

Haddam, 

8317 

0 

6 

Stoningtown, 

25547  11 

6 

Preston, 

15930 

0 

6 

Hebron, 

9774  17 

0 

Norwalk, 

24577 

2 

5 

Standford, 

22110     6 

2 

Greenwich, 

15960 

4 

6 

KiUingly, 

14957     0 

0 

276 

PUBLIC      RECORDS 

[C 

ct. 

Canterbury, 

10577  12 

0 

Dan  bury. 

10978  11 

3 

Guilford, 

26990     4 

3 

East  Haddam, 

13127  11 

0 

Norwich, 

41133     6 

10 

Plainfield, 

9190  17 

6 

Midletown, 

30321     0 

0 

Woodbury, 

14066  12 

9 

Coventry, 

10042     5 

6 

Farming-town, 

25426    4 

6 

Groton, 

16817     0 

3 

Killingsworth, 

10678  12 

0 

Glassenbury, 

8654  11 

6 

Ashford, 

6981  15 

0 

Windsor, 

27641     0 

0 

Lyme, 

19532     3 

0 

Waterbury, 

8830  11 

6 

Weathersfield, 

22857     7 

3 

Colchester, 

15395     9 

9 

New  Milford, 

7107  14 

7 

Mansfield, 

9173  17 

0 

Durham, 

8987  19 

0 

Pomfrett, 

11898     0 

0 

Symsbury, 

12874     5 

9 

Lebanon, 

27591     0 

0 

Say-Brook, 

16987    4 

3 

Brandford, 

17791  16 

1 

Derby, 

8071  13 

7 

Milford, 

24959  11 

10 

Stratford, 

31273  15 

10 

An  Act    in  Addition    to    the   several   Acts   made   and 

passed  by  this  Assembly  for  the  Regulation 

of  Licenced  Houses. 

Be  it  enacted  hy  the  Governour,  Council  and  Mepresentatives, 
in  G-eneral  Court  assembled,  and  hy  the  authority  of  the  same, 
That  the  constables  and  grand-jurors  in  the  respective  towns 
shall  warn  all  tavern-keepers  in  their  respective  towns  that 
they  observe  all  the  laws  made  to  regulate  licenced  houses, 
and  that  they  do  not  entertain  any  inhabitants  of  the  town 
where  they  dwell,  contrary  to  law.  But  if  the  said  officers 
shall  find  such  tavern-keeper  doth  not  observe  the  laws  afore- 
said, then  they  shall  make  presentment  thereof  to  the  next 
county  court  in  the  county,  at  their  first  sitting;  and  such 
court  shall  summon  the  person  so  presented,  forthwith  to  ap- 
pear before  them ;  and  if  upon  tryal  such  person  or  persons 
be  found  guilty,  the  court  shall  enter  up  judgment  for  the  for- 
feiture of  the  bond  giveq  by  such  person  for  his  due  observance 
of  the  laws,  &c.,  and  for  cost  of  tryal ;  and  such  person  shall 
enter  into  a  bond  of  fifty  pounds,  to  be  forthwith  acknowledged 
before  said  court  in  due  form,  for  their  keeping  and  observing 
the  laws,  &c. ;  which  bond  shall  in  like  manner  be  prosecuted 
[450]  in  case  of  ||  a  forieiture. 

And  further  it  is  provided,  That  whensoever  any  complaint 
is  made  by  such  constable  or  grand-jurymen,  and  therein  it  be 
inserted  that  the  person  so  complained  of  had  been  by  him 
warned  as  aforesaid,  such  complaint  shall  be  sufficient  evidence 
for  the  proof  that  warning  had  been  given  as  aforesaid. 

And  further  it  is  ordered.  That  said  constables  and  grand- 
jurors,  respectively,  who  shall  make  complaint  as  aforesaid, 
shall  by -said  court  be  ordered  to  appear  at  said  tryal,  and  be 
allowed  to  give  evidence  for  the  proof  of  those  disorders  com- 
plained of. 


1739.]  OP      CONNECTICUT.  277 

And  fnrtJier  it  is  resolved,  That  tlie  court  before  whom  the 
tryal  is  shall  allow  the  constable  or  grand-juror,  who  shall  pre- 
sent as  aforesaid,  a  meet  recompence  for  their  trouble  and 
charge. 

An  Act  Appointing  the  Days  for  the  Freemen  in  the 
Counties  of  Hartford,  fsTew  London  and  Windham, 
to  meet  for  the  Electing  publick  Officers  in  the  Month 
of  April,  annually. 

Be  it  enacted  by  the  G-overnour,  Council  and  Representatives, 
in  Creneral  Court  assembled,  and  by  the  authority  of  the  same, 
That  for  the  future  the  time  for  the  freemen  in  the  county  of 
Hartford  to  meet  in  the  spring  for  the  electing  publick  officers 
shall  be  the  first  Tuesday  in  April;  and  in  the  counties  of 
New  London  and  Windham,  shall  be  the  second  Tuesday  of 
April,  annually;  any  law,  usage  or  custom  to  the  contrary 
notwithstanding. 

An  Act  for  the  better  regulating  the  Militia  of  this  Col- 
ony, and  putting  it  in  a  more  ready  Posture 
for  the  Defence  of  the  SaiTie.* 

Be  it  enacted  by  the  Giovernour,  Council  and  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  saine, 
That  the  Governour  of  this  Colony,  for  the  time  being,  shall 
be  Captain  General,  and  the  Deputy  Governour,  for  the  time 
being,  shall  be  Lieutenant  General,  over  all  the  military  forces 
within  this  Colony. 

And  be  it  further  enacted  by  the  authority  aforesaid,  That  all 
the  military  companies  in  this  Colony  shall  be  formed  into 
regiments,  as  followeth,  (vizi)  The  companies  in  the  towns  of 
Hartford,  Windsor,  Symsbury,  Bolton,  Tolland,  Harwinton, 
Torrington,  New  Hartford,  Barkhempstead,  Hartland,  Cole- 
brook,  Winchester,  and  the  first  society  in  Farmingtown,  be, 
and  hereby  are  made  and  constituted  one  entire  and  distinct 
regiment,  and  shall  be  distinguished  by  the  name  of  the  First 
Regiment.  The  military  companies  in  the  towns  of  New  Ha- 
ven, Milford,  Brandford  and  Derby,  shall  be,  and  hereby  are, 
made  an  entire  regiment,  and  shall  be  distinguished  by  the 
name  of  the  Second  Regiment.  The  military  companies  in 
the  towns  of  New  London,  Norwich  and  Lyme,  shall  be,  and 
hereby  are,  made  one  entire  regiment,  and  shall  be  distin- 
guished by  the  name  of  the  Third  Regiment.  The  military 
companies  in  the  towns  of  Fairfield,  Stratford,  Danbury  and 
Newtown,  shall  be  one  entire  regiment,  distinguished  by  the 
name  of  the  Fourth  Regiment.  The  military  companies  in 
the  towns  of  Windham,  Mansfield,  Coventry,  Ashford,  Wil- 

*  A  number  of  attempts  to  re-organize  the  militia  had  been  made  between  1722 
and  this  time,  which  were  generally  defeated  in  the  Upper  House.  In  October,  1735, 
a  sclieme  for  dividing  tlie  militia  into  13  legimen's,  made  by  a  joint  committee,  was 
negatived  bv  both  Houses. 


278  PUBLIC      EECORDS  [Oct. 

lington,  Stafford  and  Union,  shall  be  one  entire  reo:iment,  dis- 
tinguished by  the  name  of  the  Fifth  Regiment.  The  military 
companies  in  the  towns  of  Weathersfield,  Midletown  and 
Glassenbury,  and  in  the  parish  of  Kensington,  shall  be  a  dis- 
tinct regiment,  distinguished  by  the  name  of  the  Sixth  Regi- 
ment. The  military  companies  in  the  towns  of  Saybrook, 
Guilford,  Killingsworth  and  Haddam,  shall  be  a  distinct  regi- 
[451]  ment,  and  shall  be  called  the  Seventh  Regiment.  ||  Tlie 
military  companies  in  the  towns  of  Stoningtown,  Preston  and 
Groton,  shall  be  one  entire  regiment,  and  shall  be  called  the 
Eighth  Regiment.  The  military  companies  in  the  towns  of 
Norwalk,  Standford,  Greenwich  and  Ridgefield,  shall  be  one* 
entire  regiment,  and  shall  be  distinguished  by  the  name  of 
the  Ninth  Regiment.  The  military  companies  in  the  towns  of 
Wallingford,  Waterbury  and  Durham,  and  the  parish  of  South- 
ington,  shall  be  an  entire  regiment,  and  shall  be  called  the 
Tenth  Regiment.  The  military  companies  in  the  towns  of 
Plainfield,  Canterbury,  Pomfrett,  Killingsly  and  Voluntown, 
shall  be  one  entire  regiment,  and  shall  be  called  the  Eleventh 
Regiment.  The  military  companies  in  the  towns  of  Lebanon, 
Colchester,  Hebron  and  East  Haddam,  shall  be  one  entire 
regiment,  and  shall  be  called  the  Twelfth  Regiment.  The 
military  companies  in  the  towns  of  Woodbmy,  New  Milford, 
Litchfield,  Kent,  Cornwell,  Goshen,  Canaan,  Norfolk,  Salis- 
bury, Sharon  and  New  Fairfield,  shall  be  one  entire  regiment, 
and  shall  be  distinguished  by  the  name  of  the  Thirteenth 
Regiment.' 

And  be  it  further  enacted  hy  the  authority  aforesaid,  That 
where,  by  the  division  aforesaid,  it  hath,  or,  by  any  division 
that  hereafter  may  be  made,  it  shall  so  happen,  that  any  of 
the  said  companies  of  foot-souldiers  have  or  shall  be  divided 
and  left  part  in  one  regiment  and  part  in  another,  in  such 
case  the  minor  part  of  such  company  so  divided  shall  be  added 
to  that  regiment  to  which  the  major  part  of  said  company 
doth  belong. 

Be  it  also  further  e?iacted  hy  the  authority  aforesaid,  That 
there  shall  be  in  each  of  said  regiments  appointed  by  the 
General  Assembly,  a  Colonel,  Lieutenant  Colonel,  and  Major, 
who  shall  be  commissioned  by  the  Governour  for  the  time 
being ;  which  colonel  or  chief  officer  of  each  regiment  shall 
be  invested  with  the  same  power  and  authority  in  his  regi- 
ment, and  shall  be  obliged  to  the  same  duties,  and  liable  to 
the  same  penalties,  as  by  the  laws  of  this  Colony  the  majors 
in  the  several  counties  have  heretofore  been  in  their  respect- 
ive counties.     And  said  chief  officers  are  impowered  and  di- 


1739.]  OF      CONNECTICUT.  279 

rected  to-  dignify  the  companies  Ijelonging  to  their  respective 
regiments. 

And  he  it  further  enacted  hij  the  authority  aforesaid,  That  eacii 
regiment,  wliere  there  i^  no  troop  of  horse  already  formed, 
shall  have  liberty,  with  the  advice  and  direction  of  the 
chief  officers  of  said  regiment,  to  form  a  Troop,  consist- 
ing of  a  suitable  number  not  exceeding  sixty-four  men  includ- 
ing officers,  and  that  the  cliief  officers  shall  lead,  or  cause 
such  troop  to  be  led,  to  the  choice  of  otlicers  necessary  for  said 
troop,  and  make  return  thereof  to  the  General  Assembly. 

This  Assembly  do  appoint  Roger  Wolcott,  Esq^,  to  be  Col- 
onel of  the  First  Regiment  in  this  Colony,  and  order  that  he 
be  commissioned  accordingly. 

This  Assembly  do  appoint  Nathaniel  Stanly,  Esq'',  to  be 
Lieutenant  Colonel  of  the  First  Regiment  in  this  Colony,  and 
order  that  he  be  commissioned  accordingly. 

This  Assembly  do  appoint  William  Pitkin,  Esq^",  to  be 
Major  of  the  First  Regiment  of  souldiers  in  this  Colony,  and 
order  that  he  be  commissioned  accordingly. 

This  Assembly  do  appoint  Samuel  Eells,  Esq^to  be  Colonel 
of  the  Second  Regiment  in  this  Colony,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  appoint  Joseph  Whiting,  Esq^  to  be 
Lieutenant  Colonel  of  the  Second  Regiment  m  this  Colony, 
and  order  that  he  be  commissioned  accordingly. 

[452]  This  Assembly  do  appoint  Roger  Newton,  Esq"",  to  be 
Major  of  the  Second  Regiment  in  this  Colony,  and  order  that 
he  be  commissioned  accordingly. 

This  Assembly  do  appoint  Gurdon  Saltonstall,  Esq"",  to  be 
Colonel  of  the  Third  Regiment  in  this  Colony,  and  order  that 
he  be  commissioned  accordingly. 

This  Assembly  do  appoint  Hezekiah  Huntington,  Esq^,  to 
be  Lieutenant  Colonel  of  the  Third  Regiment  in  this  Colony, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  appoint  Daniel  Ely,  Esq'',  to  be  Major  of 
the  Third  Regiment  in  this  Colony,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  appoint  John  Burr,  Esq'",  to  be  Colonel 
of  the  Fourth  Regiment  in  this  Colony,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  appoint  Edmund  Lewiss,  Esq'',  to  be 
Lieutenant  Colonel  of  the  Fourth  Regiment  in  this  Colony, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  appoint  x\ndrevv  Burr,  Esq'',  to  be  Major 


280  PUBLIC      RECORDS  [Oct. 

of  the  Fourth  Regiment  in  this  Colony,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  appoint  Jabez  Huntington,  Esq"",  to  be 
Colonel  of  the  Fifth  Regiment  in  this  Colony,  and  order  that 
he  be  commissioned  accordingly. 

This  Assembly  do  appoint  Shubael  Conant,  Esq"",  to  be 
Lieutenant  Colonel  of  the  Fifth  Regiment  in  this  Colony,  and 
order  that  he  be  commissioned  accordingly. 

This  Assembly  do  appoint  Thomas  Dyer,  Esq'',  to  be  Major 
of  the  Fifth  Regiment  in  this  Colony,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  appoint  Thomas  Wells,  Esqi",  to  be  Colo- 
nel of  the  Sixth  Regiment  in  this  Colony,  and  order  that  he 
be  commissioned  accordingly. 

This  Assembly  do  appoint  John  Chester,  Esq'",  to  be  Lieu- 
tenant Colonel  of  the  Sixth  Regiment  in  this  Colony,  and 
order  that  he  be  commissioned  accordingly. 

This  Assembly  do  appoint  Jabez  Hamlin,  Esq"",  to  be  Major 
of  the  Sixth  Regiment  in  this  Colony,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  appoint  Samuel  Lynde,  Esq"",  to  be  Colo- 
nel of  the  Seventh  Regiment  in  this  Colony,  and  order  that 
he  be  commissioned  accordingly. 

This  Assembly  do  appoint  Samuel  Hill,  Esq"",  to  be  Lieu- 
tenant Colonel  of  the  Seventh  Regiment  in  this  Colony,  and 
order  that  he  be  commissioned  accordingly. 

This  Assembly  do  appoint  David  Buel,  Esq"",  to  be  Major 
of  the  Seventh  Regiment  in  this  Colony,  and  order  that  he 
be  commissioned  accordingl}'. 

This  Assembly  do  appoint  Ebenezer  Avery,  Esq"",  to  be  Col- 
onel of  the  Eighth  Regiment  in  this  Colony,  and  order  that 
he  be  commissioned  accordingly. 

This  Assembly  do  appoint  Christopher  Avery,  2d,  Esqi",  to 
be  Lieutenant  Colonel  of  the  Eighth  Regiment  in  this  Colony, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  appoint  John  Williams,  Esq'",  to  be  Major 
of  the  Eighth  Regiment  in  this  Colony,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  appoint  Jonathan  Hoit,  Esqi",  to  be  Colo- 
nel of  the  Ninth  Regiment  in  this  Colony,  and  order  that  he 
be  commissioned  accordingly. 

[453]  This  Assembly  do  appoint  Thomas  Fitch,  Esqi",  to  be 
Lieutenant  Colonel  of  the  Ninth  Regiment  in  this  Colony, 
and  order  that  he  be  commissioned  accordingly. 


1739.]  OF      CONNECTICUT.  281 

This  Assembly  do  appoint  James  Lockwood,  Esq^,  to  1)0 
Major  of  the  Ninth  Regiment  in  this  Colony,  and  order  that 
he  be  commissioned  accordingly. 

Tills  Assembly  do  appoint  James  Wadsworth,  Esq"",  to  be 
Colonel  of  the  Tenth  Regiment  in  this  Colony,  and  order  that 
he  be  commissioned  accordingly. 

This  Assembly  do  appoint  Benjamin  Hall,  Esqr,  to  be  Lieu- 
tenant Colonel  of  the  Tenth  Regiment  in  this  Colony,  and 
order  that  he  be  commissioned  accordingly. 

This  Assembly  do  appoint  Thomas  Miles,  Esq"",  to  be  Major 
of  the  Tenth  Regiment  in  this  Colony,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  appoint  Timothy  Pierce,  Esq^,  to  be 
Colonel  of  the  Eleventh  Regiment  in  this  Colony,  and  order 
that  he  be  commissioned  accordingly. 

This  Assembly  do  appoint  John  Dyer,  Esq'',  to  be  Lieuten- 
ant Colonel  of  the  Eleventh  Regiment  in  this  Colony,  and 
order  that  he  be  commissioned  accordingly. 

This  Assembly  do  appoint  Hezekiali  Sabin,  Esq"",  to  be 
Major  of  the  Eleventh  Regiment  in  this  Colony,  and  order 
tliat  he  be  commissioned  accordingly. 

This  Assembly  do  appoint  John  Bulkley,  Esq"",  to  be  Colo- 
nel of  the  Twelfth  Regiment  in  this  Colony,  and  order  that 
he  be  commissioned  accordingly. 

This  Assembly  do  appoint  Jonathan  Trumble,  Esq^  to  be 
Lieutenant  Colonel  of  the  Twelfth  Regiment  in  this  Colony, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  appoint  Joseph  Fowler,  Esq!",  to  be  Major 
of  the  Twelfth  Regiment  in  this  Colony,  and  order  that  he  be 
commissioned  accordingly. 

Tills  Asseml^ly  do  appoint  Joseph  Minor,  Esqf,  to  be  Colo- 
nel of  the  Thirteenth  Regiment  in  this  Colony,  and  order 
that  lie  be  commissioned  accordingly. 

This  Assembly  do  appoint  William  Preston,  Esq!",  to  be 
Lieutenant  Colonel  of  the  Thirteenth  Regiment  in  this  Col- 
ony, and  order  that  he  be  commissioned  .accordingly. 

This  Assembly  do  appoint  John  Bostwick,  Esq"",  to  be  Major 
of  the  Thirteenth  Regiment  in  this  Colony,  and  order  that  he 
•be  commissioned  accordingly. 

An    Act    to   prevent    Injustice   by   passing  False    and 
Counterfei!,  Bills. 
Whereas  some  persons,  through  ignorance  and  inadvert- 
ency, receive  for  their  debts  and  in  their  dealings  and  busi- 


282  .  PUBLIC      RECORDS  [Oct. 

ness,  false  and  counterfeit  bills,  made  in  imitation  of  the  bills 
of  this  or  the  neighbouring  governments  ;  and  there  being  no 
expedite  remedy  already  provided  in  the  common  course  of 
the  law  for  the  possessor  or  possessors  against  such  person  or 
persons  that  shall  have  delivered  and  passed  said  bill  or  bills  ; 
whereby  great  injustice  is  done  :  For  remedy  whereof, 

Be  it  e7iaeted  hy  the  Grovernour^  Council  and  Representatives^ 
in  Greneral  Court  assembled^  and  hy  the  authority  of  the  same, 
That  whensoever  any  person  shall  be  the  possessor  of  any 
false  or  counterfeit  bill,  made  in  imitation  of  the  bills  of  credit 
of  this  or  the  neighbouring  governments,  it  shall  be  the  duty 
of  such  person,  upon  his  discovering  the  same  to  be  false  or 
[454]  counterfeit,  to  carry  and  deliver  the  same  ||  to  some  as- 
sistant or  justice  of  the  peace  and  inform  him  that  he  concludes 
the  same  to  be  false  and  counterfeit ;  and  if  such  assistant  or 
justice  of  the  peace  shall  suppose  the  same  to  be  false,  as  afore- 
said, he  shall  seize  the  same  and  write  the  name  of  the  person  of 
whom  he  receives  it  on  the  back  side  thereof,  and  that  it  was 
delivered  to  him  as  a  counterfeit  bill.  And  such  person  that 
so  delivers  up  such  bill  may,  after  such  delivery,  go  to  the 
person  of  whom  he  received  the  same,  and  demand  of  him 
pay  for  said  bill,  informing  him  where  such  bill  is.  And  if 
the  person  of  whom  he  received  the  said  bill  shall  refuse  or 
neglect  to  make  liim  satisfaction  therefor,  or  without  such  de- 
mand and  refusal,  if  need  so  require,  may  bring  his  action  for 
his  damages  in  not  paying  him  for  said  bill,  or  for  putting  off 
such  bill  to  him,  before  any  court,  assistant  or  justice  of  the 
peace,  proper  to  try  the  same,.alledging  the  same  to  be  deliv- 
ered up  as  aforesaid.  And  in  the  tryal  of  any  such  cause,  jf 
the  bill  be  found  to  be  false  or  counterfeit,  to  the  satisfaction 
of  the  court  that  tries  the  same,  the  said  court  shall  proceed 
to  enquire  into  the  equity  of  the  cause,  by  examining  the 
parties  under  oath  and  taking  any  other  evidence  as  they  shall 
judge  just  and  right ;  and,  upon  their  finding  to  their  satisfac- 
tion that  such  plaintiff  received  the  same  bill  of  the  defendant, 
they  shall  give  judgment  for  the  plaintiff  for  his  just  damages 
and  cost  for  delivering  up  the  said  bill  to  the  authority  and 
prosecuting  his  action ;  provided  always  said  bill  was  deliv- 
ered up,  as  aforesaid,  before  the  plaintiff  offered  said  bill  back 
to  the  person  of  whom  he  received  the  same. 

And  be  it  further  enacted  hy  the  authority  aforesaid,  That  it 
shall  be  the  duty  of  every  assistant  or  justice  of  the  peace 
that  shall  have  such  bill  delivered  to  them,  safely  to  convey 
the  same  bill  to  any  court  where  the  same  may  be  wanted. 
And  all  and  every  person  that  hath  liad  any  such  bill  that 
shall  by  the  possessor  be  delivered  up,  as  aforesaid,  and  hath 


1739.]  OP      CONNECTICUT.  283 

satisfied  the  person  to  whom  he  delivered  said  bill  for  the 
same,  shall  have  the  lilce  liberty  in  prosecuting  and  taking 
remedy  as  aforesaid  ;  provided  always,  that  no  person  shall 
be  prosecuted,  in  form  aforesaid,  but  within  one  year  after  he 
puts  off  such  bill,  whicli  fact  may  be  inquired  of  in  form 
aforesaid. 

And  be  it  further  enacted  by  the  authority  aforesaid^  That 
if  any  court,  assistant  or  justice  of  the  peace,  hath  had  the 
possession  of  such  counterfeit  or  false  bill  for  the  space  of  one 
year,  he  shall  destroy  the  same. 

Resolved  by  this  Assembly,  That  Joseph  Whiting,  Esq"",  John 
Richards,  Esq"",  and  John  Burr,  Esq'',  be  desired  to  take  out 
the  necessary  copies  in  the  several  courts  of  probate  whereof 
they  are  Judges,  and  to  send  the  same  to  his  Honour  the  G-ov- 
ernour  ;  and  tliat  James  Wadsworth,  Nathaniel  Stanly  and 
Ozias  Pitkin,  Esq''^,  be  a  committee  to  assist  the  Governour 
in  preparing  all  things  proper  for  the  address  to  be  laid  before 
the  King's  Majesty,  pursuant  to  the  report  of  the  committee, 
in  reference  to  our  law  respecting  intestate  estates  ;  which  re- 
port is  approved  of  by  this  Assembly.* 

Ordered  by  this  Assembly,  That  the  Treasurer  of  this  Colony 
pay  unto  Messrs.  Isaac  Dickerman  and  John  Punderson,  out 
of  the  publick  treasury,  the  sum  of  twenty-eight  pounds  eight 
shillings  and  ten  pence,  for  the  making  seats  on  the  upper 
floor  in  the  court  house  in  New  Haven. 

[455]  Granted  to  Mr.  Printer  Green  the  sum  of  thirty-five 
pounds,  for  his  half  years  salary. 

This  Assembly  do  appoint  Nathaniel  Stanly,  Joseph  Whiting, 
Esqt's,  Capt.  Isaac  Dickerman,  Mr.  John  Hitchcock,  Capt. 
Benjamin  Hall,  Capt.  Theophilus  Yale,  Mr.  Robert  Treat, 
Capt.  John  Riggs,  Capt.  Samuel  Bassett,  Capt.  John  Russell, 
and  Mr.  Jonathan  Russell,  to  be  a  committee  to  hear  the 
records  of  the  acts  of  this  Assembly  read  off  and  compleated. 

On  consideration  of  the  memorial  of  Jonatlian  Sperry  of 
New  Haven,  this  Assembly  do  free  and  release  him  from  pay- 
ing any  rates  or  publick  tax  for  his  head  for  the  future. 

On  the  petition  of  Joseph  Cadey,  one  of  the  proprietors  of 
the  common  and  undivided  lands  in  the  town  of  Killingly, 
and  the  rest  of  the  proprietors  of  said  common  and  undivided 

*  Mr.  Jeremiah  Allen,  of  Boston,  had  communicated  to  Governor  Talcott  a  copy 
of  the  order  of  the  King  in  Council,  of  Feb.  15th,  1737-8,  dismissing  the  appeal  of 
Phillips  against  Savage,  from  the  Massaciiusetts  courts,  in  a  case  like  that  of  Win- 
throp  against  Lechmere.  In  that  order,  (the  text  of  which  is  printed  in  the  Proceed- 
ings of  the  Massachusetts  Historical  Society,  for  October,  1873,)  r,eference  is  made  to 
certiiicates  sent  by  the  judge  and  register  of  the  court  of  probate,  as  to  what  had 
been  the  customary  mode  of  dividing  the  estates  of  intestates  in  that  Province. 

Tlie  rcpo.t  of  the  committee,  mentioned  above,  is  in  Civil  Officers,  ij-c.  II.  384,  532. 


284  PUBLIC    EECORDS  [May, 

lands,  vs.  Joseph  Thompson,  Esq^,  of  London,  &c. :  The  ques- 
tion was  put,  whether  the  pleas  offered  in  abatement  of  the 
same  are  sufficient,  and  resolved  by  this  Assembly  in  the 
affirmative.  Cost  allowed  respondents  is  £3  19s.  Id.  Ex. 
granted  February  6th,  1739-40. 

The  question  was  put,  whether  the  prayer  of  the  memorial 
of  Joshua  Hempstead  of  New  London,  and  the  rest  of  the  in- 
habitants of  the  town  of  New  London,  vs.  Benajah  Bush- 
nell,  &c.,  of  Norwich,  and  the  rest  of  the  inhabitants  of  the 
town  of  Norwich,  (continued  from  the  General  Assembly  in 
May  last,)  should  be  granted,  and  resolved  by  this  Assembly 
in  the  negative. 

The  whole  record  of  the  several  Acts,  Grants  and  Orders 
of  this  Assembly,  as  they  stand  entered  in  the  pages  of  this 
book  next  preceding,  were  read  off  in  the  presence  of  the 
committee  abovenamed,  and  by  them  ordered  to  be  signed  as 
compleat. 

George  Wyllys,  Secret'y. 

[End  of  Yolume  YL] 


[YoL.  YIL    Page  1.] 

Amio  JRegni  Regis  Greorgii  secundi  decimo-tertio. 

Connecticut 
Colony. 

At  a  General  Assembly  holden  at  Hartford  in  his  Majes- 
ties English  Colony  of  Connecticut  in  New  England  in 
America,  on  the  second  Thursday  of  May,  (being  the 
8th  day  of  said  month,)  and  continued  by  several  ad- 
journments UNTIL  the  fifth  DAY  OF  JuNE  FOLLOWING,  AN- 

NOQUE  Domini,  1740.* 

Present  : 

The  Honourable  Joseph  Talcott,  Esq"",  Governour. 

The  Hon'^'p-  Jonathan  Law,  Esq"",  Deputy  Governour. 
Samuel  Eells,  Timothy  Pierce,       ^ 

Roger  Wolcott,         John  Burr,  •   | 

James  Wadsworth,   Samuel  Lynde,  Iesq^«   Assista7its 

Nathaniel  Stanly,      WilUam  Pitkin,        f  ^'^    '  ^-^s^^^^'^^^' 
Joseph  Whiting,        Ebenezer  Silliman,  | 
Ozias  Pitkin,  j 

•*The  Journal  of  the  Lower  House  is  uot  found. 


1740.]  OP      CONNECTICUT.  285 

Rejoresentatives  or  Deputies  that  ivere  returned  to  attend  at  this 
Assembly  are  as  foUotv,  (viz:) 

Capt.  John  Marsli,  Mr.  Joseph  Buckinoham,  for  Hartford. 

Capt.  Nath'  Saltonstall,  Mr.  Thomas  Forsdick,  for  New  Lon- 
don. 

Colo.  Jabez  Huntington,  Mr.  Benja.  Bedlake,  for  Windham. 

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

Colo.  John  Bulkley,  Capt.  Israel  Newton,  for  Colchester. 

Capt.  Leicester  Grosvenor,  Capt.  Noah  Sabin,  for  Pomfrett. 

Mr.  Caleb  Leet,  Mr.  Pelatiah  Leet,  for  Guilford. 

Capt.  Joiin  Fowler,  Mr.  Rol)ert  Treat,  for  Milford. 

Capt.  Theophilus  Nickols,  Mr.  David  Sherman,  for  Stratford. 

Mr.  Joseph  Palmer,  Mr.  Joseph  Denison,  for  Stoningtown. 

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

Capt.  Isaac  Dickerman,  Mr.  John  Hitchcock,  for  New  Haven. 

Major  Andrew  Burr,  Capt.  John  Read,  for  Fairfield. 

Colo.  Hezh  Huntington,  Mr.  Joshua  Huntington,  for  Nor- 
wich. 

Major  James  Lockwood,  Mr.  Sam'  Cluckstone,  for  Norwalk. 

Colo.  William  Preston,  Capt.  Andrew  Hinman,  for  Woodbury. 

Mr.  Humphrey  Avery,  Mr.  Dudley  Woodbridge,  for  Groton. 

Capt.  John  Perry,  Mr.  James  Bicknald,  for  Ashford. 

Capt.  James  Bebee,  Mr.  Thos.  Benedict,  for  Danbury. 

Mr.  Peter  Buel,  Mr.  Nath'  Woodward,  for  Coventry. 

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

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

[2]  Mr.  Joseph  Leavinz,  Mr.  Joseph  D wight,  for  Killingly. 

Mr.  Anthony  Judd,  Mr.  John  Hart,  for  Farmingtown. 

Mr.  John  Southmaid,  Mr.  Stephen  Hopkins,  for  Waterbury. 

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

Mr.  Thomas  Stephens,  Mr.  Tliomas  Pierce,  for  Plainfield. 

Major  John  Bostwick,  Mr.  Paul  Welch,  for  New  Milford. 

Capt.  Henry  Allyn,  Mr.  Roger  Newberry,  for  Windsor. 

Colo.  Benja.  Hall,  Capt.  Samuel  Hall,  for  Wallingford. 

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

Mr.  James  Benedict,  Mr.  SamuePSmith,  for  Ridgefield. 

Capt.  Nathaniel  Peck,  Mr.  Jabez  Mead,  for  Greenwich, 

Capt.  Samuel  Willard,  Mr.  Jedadiah  Chapman,  for  Saybrook. 

Mr. William  Witter,  Mr.  Joseph  Billings,  for  Preston. 

Capt.  Elihu  Chauncey,  Mr.  Robert  Fairchild,  for  Durham. 

Mr.  James  Case,  Mr.  Joseph  Wilcox,  for  Symsbury. 

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

Mr.  Joseph  Phelps,  Capt.  Hez^  Gaylord,  for  Hebron. 

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

Mr.  Ebenezer  West,  Mr.  Jonathan  Trumble,  for  Lebanon. 

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


286  PUBLIC    RECORDS  [May, 

Mr.  Hezekiah  Brainard,  for  Haddam, 
Mr.  Isaac  Spencer,  for  East  Haddam. 

Mr.  Elisha  Williams,  Speaker,  )  of  the  House  of  Repre- 
Major  Andrew  Burr,  Clerk,  )  seutatives. 
This  day  being  appointed  by  the  royal  charter  and  the  laws 
of  this  Colony  for  the  election  of  the  publick  officers  of  this 
corporation,  '{viz.}  Governour,  Deputy  Governour,  Assistants, 
Treasurer,  and  Secretary, — pi'oclamation  was  made,  and  the 
freemen  proceeded  to  give  in  their  votes  to  persons  appointed 
by  the  Governour,  Council  and  Representatives,  to  receive, 
sort  and  count  them ;  which  persons  were,  Roger  Wolcott, 
Esq"",  James  Wadsworth,  Esqr,  Nathaniel  Stanly,  Esq^,  Joseph 
Whiting,  Esqr,  Ozias  Pitkin,  Esq"",  Timothy  Pierce,  Esq^, 
John  Burr,  Esq^  Samuel  Lynde,  Esq"",  William  Pitkin,  Esq"", 
Ebenezer  Silliman,  Esq"",  Mr.  Joseph  Buckingham,  Colo, 
Thomas  Wells,  Capt.  John  Fowler,  Colo.  Benjamin  Hall,  Mr. 
John  Griswould,  Capt.  Samuel  Willard,  Capt.  Jonathan  Malt- 
bie,  Major  James  Lockwood,  Colo.  Jabez  Huntington,  and  Mr. 
[8]  Josiah  Conant.||  And  the  freemen's  votes  being  brought 
in,  sorted  and  counted. 

The  Honourable  Joseph  Talcott,  Esquire,  was  chosen  Gov- 
ernour of  this  Colony  for  the  year  ensuing  ;  and  the  Goveru- 
our's  oath  and  the  oath  required  by  act  of  Parliament  relating 
to  trade  and  navigation  were  administred  to  him  in  the  pres- 
ence of  the  Assembly. 

The  Honourable  Jonathan  Law,  Esquire,  was  chosen 
Deputy  Governour  of  this  Colony  for  the  year  ensuing,  and 
the  Deputy  Governour's  oath  was  administred  to  him  in  the 
presence  of  the  Assembly. 

Roger  Wolcott,  Esq%  Samuel  Lynde,  Esqf, 

James  Wadsworth,  Esq"",      William  Pitkin,  Esqf, 
Nathaniel  Stanly,  Esqi",         Ebenezer  Silliman,  Esq"", 
Joseph  Whiting,  Esq"",  Thomas  Pitch,  Esq', 

Ozias  Pitkin,  Esq"",  Jonathan  Trumble,  EsqS 

Timothy  Pierce,  Esqr,  Hezekiah  Huntington,  Esq^, 

were  chosen  Assistants  for  the  year  ensuing,  and  had  the 
Assistant's  oath,  provided  by  law,  administred  to  them  by 
[his]  Honour  the  Governour  accordingly. 

John  Whiting,  Esq'',  was  chosen  Treasurer  of  this  Colony 
for  the  year  ensuing.* 

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

*  Mr.  Whiting,  being  unsatisfied  with  the  amoiints  granted  him  for  his  services  in 
times  past,  did  not  take  tlie  oath  of  office  till  May  2Sth. 


1740.]  OF      CONNECTICUT..  287 

This  Assembly  do  appoint  the  Honourable  Jonathan  Law, 
Esq'",  to  be  Chicl"  Judge  of  the  Supeiiour  Courts  in  this  Colony 
for  the  year  ensuing. 

This  Assembly  do  appoint  Roger  Wolcott,  Esq^  James 
Wadsworth,  Esq"",  Joseph  Whiting,  Esq'',and  Elisha  Williams, 
Esqr,  to  be  Judges  of  the  Superiour  Courts  in  tins  Colony  for 
the  year  ensuing. 

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

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

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

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

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

This  Assembly  do  appoint  the  Honourable  Joseph  Talcott, 
Esqi",  to  be  Judge  of  the  Courts  of  Probate  in  the  district  of 
Hartford  for  the  year  ensuing. 

[4]  This  Assembly  do  appoint  Joseph  Whiting,  Esq"",  to 
be  Judge  of  the  Courts  of  Probate  in  the  district  of  New  Ha- 
ven for  the  year  ensuing. 

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

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

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

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

This  Assembly  do  appoint  Joseph  Minor,  Esq"",  to  be  Judge 
of  the  Courts  of  Probate  in  the  district  of  Woodbury  for  the 
year  ensuing. 

This  Assembly  do  appoint  Jonathan  Hoit,Esq'',to  be  Judge 


288  PUBLIC    RECORDS  [May, 

of  the  Courts  of  Probate  in  the  district  of  Standford  for  the 
year  ensuing. 

This  Assembly  do  appoint  John  Marsh,  Tiiomas  Welles,  John 
Chester  and  Henry  Allyn,  Esq''*,  to  be  Justices  of  the  Peace 
and  Quorum  in  and  for  the  county  of  Hartford  for  the  year 
ensuing. 

This  Assembly  do  appoint  John  Hooker,  Samuel  Mather, 
David  Goodrich,  William  Wadsworth,  Hezekiah  Wyllys, 
Thomas  Hart,  Giles  Hall,  Jabez  Hamlin,  Joseph  White,  Jona- 
than Hale,  Hezekiah  Brainerd,  Samuel  Olmstead,  John  Bulk- 
ley,  Nathaniel  Foot,  Israel  Newton,  Benjamin  Skinner,  Joseph 
Phelps,  John  Bissell,  Samuel  Chapman,  John  Humphrey, 
Samuel  Griswould,  John  Buel,  Joseph  Bird,  Elisha  Williams, 
Joseph  Buckingham,  David  Whitney,  Samuel  Lewiss,  and 
Thomas  Hart,  Esq^^  to  be  Justices  of  the  Peace  in  and  for 
the  county  of  Hartford  for  the  year  ensuing. 

This  Assembly  do  appoint  Samuel  Eells,  John  Riggs,  John 
Russell,  Samuel  Hill  and  Isaac  Dickerman,  Esq""*,  to  be  Jus- 
tices of  the  Peace  and  Quorum  in  and  for  the  county  of  New 
Haven  for  the  year  ensuing. 

This  Assembly  do  appoint  Roger  Newton,  Samuel  Bishop, 
James  Hooker,  Andrew  Ward,  Theophilus  Yale,  Samuel  Gun, 
Henry  Crane,  Samuel  Hall,  Benjamin  Hall,  John  Bostwick, 
Timothy  Hopkins,  Thomas  Clark,  John  Prout,  William  Gold, 
Benjamin  Hand,  John  Southmaid,  Samuel  Bassett,  Nathaniel 
Skinner,  Roger  Brunson,  Samuel  Hopson,  to  be  Justices  of 
the  Peace  in  and  for  the  county  of  New  Haven  for  the  year 
ensuing. 

This  Assembly  do  appoint  Joshua  Hempstead,  John  Gris- 
would, Christopher  Avery  2d,  Richard  Lord,  Isaac  Hunting- 
ton, Esq'"^,  to  be  Justices  of  the  Peace  and  Quorum  in  and  for 
the  county  of  New  London  for  the  year  ensuing. 

This  Assembly  do  appoint  Abraham  Pierson,  John  Lane, 
Samuel  Willard,  Joseph  Blake,  Nathaniel  Clark,  Thomas  Lee, 
Daniel  Ely,  John  Richards,  Jeremiah  Miller,  Thomas  Prentiss, 
James  Avery,  Humphrey  Avery,  John  Ledyard,  Luke  Per- 
kins, Theophilus  Baldwin,  Increase  Billings,  Joseph  Palmer,, 
John  Whiting,  Joseph  Backus,  Jabez  Hide,  Jabez  Perkins, 
John  Cook,  Jedadiah  Tracy,  Joshua  Raymond,  David  Buel, 
Jedadiah  Chapman,  Joseph  Denison,  Joshua  Huntington,  and 
Joseph  Billings,  Esq""*,  to  be  Justices  of  the  Peace  in  and  for 
the  county  of  New  London  for  the  year  ensuing. 

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


1740.]  OF     connp:cticut-  289 

This  Assembly  do  appoint  Joliu  Burr,  Joseph  Piatt,  Joseph 
Minor,  John  Grigory,  Samnel  Ilandford,  Ei)]iraim  Curtiss, 
James  Bcbee,  Samuel  Hoit,  Thomas  Tousey,  James  Benedict, 
James  Reynolds,  Ebenezer  Mead,  Nathaniel  Peck,  Jonathan 
Maltbie,  Benjamin  Hickcox,  John  Read,  James  Lockwood, 
Thomas  Benedict,  Ebenezer  Smith,.  Noah  Hinman,  Joseph 
Blackledge,  Theophihis  Nickols,  Jol)  Sherman,  Samuel  Burr, 
and  Joseph  Wakeman,  Esq''^,  to  be  Justices  of  the  Peace  in 
the  county  of  Fairfield  for  the  year  ensuing. 

This  Assembly  do  appoint  Joseph  Addams,  Ebenezej.'  West 
and  Jonathan  Huntington,  Escfs,  to  be  Justices  of  the  Peace 
and  Quorum  in  and  for  the  county  of  Windham  for  the  year 
ensuing. 

This  Assembly  do  appoint  Joseph  Strong,  John  Woodward, 
Joseph  Leavhiz,  Peter  Buel,  Josiah  Conant,  Leicester  Gros- 
venour,  Joseph  Cadey,  John  Crery,  Thomas  Storrs,  Ebenezer 
Wales,  Ebenezer  Dow,  Benjamin  Bedlake,  Jacob  Dana,  Joseph 
Fowler,  Elisha  Pain,  and  Thomas  Tiffany,  Esq'%  to  be  Jus- 
tices of  the  Peace  in  and  for  the  county  of  Windham  for  the 
year  ensuing. 

.  Ordered  hy  this  Assembly ^  That  Joseph  Whiting,  Esq'",  and 
Capt.  Isaac  Dickerman  return  the  thanks  of  the  Assembly  to 
the  Reverend  Mr.  Jacob  Hemingway,  for  his  sermon  delivered 
before  the  Assembly  on  the  8tli  instant,  and  desire  a  copy 
thereof,  that  it  may  be  printed. 

This  Assembly  do  appoint  Samuel  Lynde,  Esq'',  Hezekiah 
Huntington,  Esq^,  Mr.  Joseph  Buckingham,  Colo.  Thomas 
Welles,  Mr.  Jonathan  Hale,  Mr.  Robert  Treat,  Capt.  Nathan- 
iel Saltonstall,  Cjjpt.  Nathaniel  Peck,  and  Mr.  Robert  Fair-- 
child,  to  be  Auditors,  to  audit  the  Colony  accounts  with  the 
Treasurer. 

This  Assembly  do  appoint  Mr.  Samuel  Sturgess.  of  Fairfield, 
Surveyour  of  Lands  in  the  county  of  Fairfield,  instead  of  Ebe- 
nezer Silliman,  Esq*",  who  now  resigns  said  oflftce. 

Ordered  hy  this  Assembly,  That  the  sum  of  eight  pounds  in 
bills  of  credit  be  paid  out  of  the  publick  treasury  to  Mr.  John 
Austin  of  Hartford,  for  his  service  in  drawing  out  an  account 
of  the  Colony  bills  that  have  from  time  to  time  been  emitted, 
and  what  of  said  bills  are  now  outstanding,  &c.,  pursuant  to 
the  act  of  this  Assembly  in  October  last.* 

Ordered,  That  there  be  paid  out  of  the  publick  treasury 
unto  Capt.  John  Whiting  of  Hartford,  the  sum  of  four  pounds 

*  A  copy  of  the  account  of  the  emission  of  bills  of  credit  is  in  Finance  cf  Cur- 
rency, III,  83. 

37 


290  PUBLIC    RECOEDS  [May, 

in  bills  of  credit,  for  his  service  in  drawing  out  an  account  of 
the  Colony  bills  that  have  been  emitted  from  time  to  time, 
and  what  of  said  bills  are  now  outstanding,  &c.,  pursuant  to 
the  act  of  the  General  Assembly  in  October  last. 

Whereas  the  town  of  New  London  neglected  (in  October 
last)  to  send  to  the  Assembly  the  list  of  the  polls  and  rate- 
able estate  in  that  town  with  the  proper  certificate,  as  the 
law  directs,  so  that  the  Colony  Treasurer  hath  been  prevented 
in  sending  out  his  warrant  to  the  constable  of  New  London 
[6]  for  the  ||  levying  the  tax  granted  by  said  Assemlily  in 
said  October  :  Whereupon  it  is  resolved  by  this  Assembly,  that 
the  list  of  the  said  town  of  New  London  for  the  year  1739 
shall  be  accounted,  taken  and  deemed  to  be  thirty  thousand 
pounds,  and  the  inhabitants  of  said  town  are  hereby  doomed 
accordingly ;  and  the  rate  or  tax  granted  upon  the  polls  and 
rateable  estate  in  the  Colony  in  October  last,  shall  be  levyed 
upon  the  inhabitants  of  said  town  according  to  the  said  list 
above-mentioned ;  and  the  Colony  Treasurer  is  hereby  directed 
to  send  forth  his  writ  to  the  constable  of  New  London,  re- 
quiring him  to  levy  said  tax  according  to  this  resolve,  account- 
ing the  said  town  list  to  he  thirty  thousand  pounds. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Den i son 
to  be  Ensign  of  the  west  company  or  trainband  in  the  town 
of  Stoningtown,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas 
Wheeler  to  be  Captain  of  the  south  part  of  the  2d  com))any 
or  trainband  in  the  town  of  Stoningtown,  and  order  that  he 
be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Rufus  Minor 
to  be  Lieutenant  of  the  south  part  of  the  second  company  or 
trainband  in  the  town  of  Stoningtown,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel 
Stephens  to  be  Lieutenant  of  the  company  or  trainband  at  the 
parish  of  East  Guilford,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Benoni  Trum- 
ble  to  be  Captain  of  the  north  company  or  trainband  in  the 
town  of  Hebron,  and  order  that  lie  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jonatiian 
White  to  be  Lieutenant  of  the  north  company  or  trainband  in 
the  town  of  Hebron,  and  order  that  he  be  commissioned  ac- 
cordingly. 


1740.]  OF      CONNECTICUT.  291 

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Bush- 
nell  to  be  Ensign  of  the  north  company  or  trainband  in  the 
town  of  Hebron,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  appoint  Mr.  Obadiah  Johnson  to  be  Cap- 
tain of  the  first  company  or  trainband  in  the  town  of  Can- 
terbury, and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Stephen  Frost 
to  be  Lieutenant  of  the  first  company  or  trainband  in  the 
town  of  Canterbury,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Asseml)ly  do  appoint  Mr.  Solomon  Pain  to  be  Ensign 
of  the  first  company  or  trainband  in  the  town  of  Canterbury, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Gates 
to  be  Lfieutenant  of  the  third  company  or  trainband  in  the 
town  of  Preston,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

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

This  Assembly  do  establish  and  confirm  Mr.  Jeremiah  Kin- 
ney to  be  Lieutenant  of  the  second  company  or  trainband  in 
the  town  of  Yoluntown,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel  Bab- 
cock  to  be  Ensign  of  the  second  company  or  trainband  in  the 
town  of  Voluntown,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Gates 
to  [be]  Captain  of  the  company  or  trainband  at  the  3d  soci- 
ety in  the  town  of  Colchester,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Cham- 
berlain to  be  Lieutenant  of  the  company  or  trainband  in  the 
3d  society  in  the  town  of  Colchester,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Rowley 
to  be  Ensign  of  the  company  or  trainband  at  the  3d  society  in 


292  PUBLIC    RECORDS  [May, 

the  town  of  Colchester,  and  order  that  he  be  commissioned 
accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  William  Buel 
to  be  Lieutenant  of  the  south  company  or  trainband  in  the 
town  of  Hebron,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Charles  Dewey 
to  be  Ensign  of  the  south  company  or  trainband  in  the  town 
of  Hebron,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joshua  Bush- 
nell  to  be  Lieutenant  of  the  first  company  or  trainband  in  the 
town  of  Saybrook,  and  order  that  he  be  commissioned  accord- 
ingly- 

This  Assembly  do  establish  and  confirm  Mr.  John  Denison 
to  be  Captain  of  the  first  company  or  trainband  in  the  town 
of  Stoningtown,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Amos  Chees- 
brougii  to  be  Lieutenant  of  the  first  company  or  trainband  in 
the  town  of  Stoningtown,  and  order  that  he  be  commissioned 
accordingly. 

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

[8]  This  Assembly  do  establish  and  confirm  Thomas 
Richards  to  be  Lieutenant  of  the  first  company  or  trainband 
in  the  town  of  Waterbury,  and  order  that  he  be  commissioned 
accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Thomas  Blach- 
ley  to  be  Captain  of  the  third  company  or  trainband  in  the 
town  of  Waterbury,  and  order  that  he  be  commissioned  ac- 
cordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Curtiss 


1740.]  OF      CONNECTICUT.  293 

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

This  Assembly  do  establish  and  confirm  Mr.  Jonathan  Lyon 
to  be  Ensign  of  the  west  company  or  trainband  in  the  town 
of  Greenwich,  and  order  that  he  be  commissioned  accord- 
ingly. 

Upon  the  memorial  of  the  inhabitants  of  the  town  of  Go- 
shen, shewing  to  this  Assembly  that  more  than  two-thirds  of 
the  inhabitants  have  voted  that  it  is  necessary  to  build  a 
meeting-house  in  said  town,  and  praying  this  Assembly  to 
appoint  a  committee  to  pitch  upon  the  place  :  Whereupon  this 
Assembly  do  appoint  Capt.  Nathaniel  Hooker,  Mr.  Joseph 
Buckingham  and  Mr.  James  Church,  all  of  Hartford,  to  be  a 
committee  to  repair  to  said  Goshen,  view  the  same,  hear  the 
parties  concerned,  and  then  the  said  committee  are  directed 
to  pitch  upon  the  place  that  they  shall  think  most  convenient 
for  said  town  of  Goshen  to  set  up  a  meeting-house  at,  (for 
divine  worship,)  and  make  report  of  their  doings  in  the  said 
affair  to  this  Assembly,  either  at  this  session  or  in  October 
next.     All  to  be  done  at  the  charge  of  the  memorialists. 

Whereas,  at  a  General  Assembly  holden  at  New  Haven, 
October  11th,  1739,  upon  the  memorial  of  Jacob  Strong  jun., 
Ebenezer  Lyman  and  Daniel  Stoughton  and  others,  inhabit- 
ants and  proprietors  of  the  town  of  Torrington,  praying  that 
tlreir  lands  might  be  taxed  for  the  settlement  and  support  of 
a  gospel  minister,  it  was  resolved  in  the  following  words,  (I'/s;) 
That  a  tax  of  two  pence  per  acre  be  laid  upon  all  the  land 
within  said  town  already  laid  out,  as  also  on  all  the  lands 
which  may  or  hereafter  shall  be  laid  out  within  the  second 
division  in  said  town,  and  that  the  said  Jacob  Strong  be  and 
hereby  is  appointed  a  collector  to  collect  the  same,  and  shall 
have  equal  power  with  the  other  collectors  of  rates  in  this  Col- 
ony; and  the  said  rate  to  be  so  raised  and  collected  by  the 
said  collector  shall  be  by  him  paid  into  the  hands  of  Capt. 
Henry  Allyn  of  Windsor,  and  by  him  be  improved  for  and 
towards  the  settlement  and  support  of  an  orthodox  gospel 
minister  within  and  for  said  town,  and  to  no  other  use  and 
[9]  purpose  whatsoever:  ||  And  whereas,  upon  the  memorial 
of  the  aforesaid  Jacob  Strong,  &c.,  to  this  Assembly,  repre- 
senting that  in  the  recording  said  resolve  these  words,  (yiz:^ 
Within  said  town  already  laid  out,  as  also  on  all  the  lands,  were 
omitted  to  be  entered,  and  praying  for  an  amendment  of  said 
record  liy  the  addition  of  the  said  omitted  words,  &c. :  Re- 
solved   by  thii?  Assembly,  that  the  said  words  omitted,  as 


294  PUBLIC     RECORDS  [May, 

abovesaid,  be  added  unto  and  inserted  in  the  record  of  the 
said  resolve  ;  and  that  the  said  Jacob  Strong  be,  and  he  hereby 
is,  directed  to  proceed  to  collect  the  rate  which  may  yet  re- 
main uncollected,  as  he  should  and  ought  to  have  done  if  the 
said  words  had  not  been  omitted. 

Upon  the  memorial  of  the  inhabitants  of  the  northwest 
part  of  the  town  of  Derby,  the  soutliwest  part  of  Waterbury, 
and  the  southeast  part  of  Woodbury,  praying  this  Assembly 
that  they  be  made  one  distinct  separate  ecclesiastical  society, 
and  that  this  Assembly  would  appoint  a  committee  to  repair  to 
said  inhabitants,  view  their  situation  and  circumstances,  and 
report  thereof  to  make  to  this  Assembly :  Resolved  by  this 
Assembly,  that  John  Prout,  Esqi",  Capt.  James  Talmage,  and 
Mr.  John  Hickcox,  all  of  New  Haven,  be  a  committee  with  full 
power  to  repair  to  the  place  of  said  inhabitants  and  to  notify 
the  several  parishes  to  which  said  inhabitants  do  belong,  hear 
their  allegations,  view  their  situation  and  circumstances,  and 
affix  their  bounds,  (if  they  see  cause,)  and  report  of  their 
doings  thereof  to  make  to  this  Assembly  in  their  sessions  in 
October  next  at  New  Haven. 

This  Assembly  do  establish  and  confirm  Mr.  John  Sage, 
jun"",  to  be  Ensign  of  the  company  or  trainband  at  the  north 
society  in  the  town  of  Midletown,  and  order  that  he  be  com- 
missioned accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  John  Mills  to 
be  Lieutenant  of  the  company  or  trainband  in  the  town  of 
Kent,  and  order  that  he  be  coj^nmissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel 
Berry  to  be  Ensign  of  the  company  or  trainband  in  the  town 
of  Kent,  and  order  that  lie  be  commissioned  accordingly. 

Forasmuch  as  the  committees  appointed  by  this  Assembly 
and  the  Colony  of  lihode  Island  have  already  measured  the 
twenty  miles  west  from  Warwick  Point,  and  erected  a  monu- 
ment at  the  west  end  of  said  line,  and  have  run  a  line  for  the 
dividend  line  or  boundary  between  the  two  Colonies :  And 
whereas  the  committees  lately  appointed  by  the  said  two  Col- 
onies to  run  the  said  dividend  line  have  been  disappointed  in 
their  meetings,  whereby  that  affair  has  been  hindered,  and 
there  is  great  complaint  that  some  of  the  monuments  are 
defaced  or  removed,  wliich  has  occasioned  much  contention 
between  the  borderers,  which  for  the  future  tp  prevent,  and 
to  render  the  line  certain  and  visible  in  the  place  where  the 


1740.]  OP      CONNECTICUT.  295 

King  hath  stated  it :  This  Assembly  do  appoint  and  fully 
impower  Roger  "Wolcott,  James  Wadswortli  and  Timothy 
[10]  Pierce,  Esq''^,  or  any  two  of  them,  taking  ||  witii  them 
Humphrey  Avery,  Esq"",  or  another  skilful  survey  our,  to  joyn 
such  persons  as  shall  be  alike  impowered  from  the  Colony 
of  Rhode  Island  and  run  a  straight  line  from  the  mouth 
of  Ashawauge  river  to  the  said  monument  at  the  end  of  the 
twenty  mile  line  (or  the  place  where  it  was  erected,  if  it  be 
removed,)  and  from  thence  a  due  north  line  to  the  south 
bounds  of  the  Province  of  the  Massachusetts  Bay ;  and  what 
monuments  they  shall  find  in  said  line  they  shall  renew,  and 
for  want  of  monuments  to  be  found  in  said  line  they  sliall 
erect  monuments  at  the  distance  of  every  half  mile  througli- 
out,  so  that  the  same  may  be  fixed  and  known  to  be  the 
dividing  line  between  the  two  Colonies.  And  the  said  com- 
mittees are  to  report  their  doings  herein  to  the  General 
Assemblies  of  the  respective  Colonies  aforesaid. 

This  Assembly  do  establish  and  confirm  Mr.  Josiah  Wil- 
lard  to  be  Lieutenant  of  the  company  or  trainband  at  the 
parish  of  Xewington  in  the  town  of  Weathersfield,  and  order 
that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Robert  Wells 
to  be  Ensign  of  the   company  or  trainband   at  the  parish  of 
Newington  in  the  town  of  Weathersfield,  and  order  that  he 
be  commissioned  accordingly. 
An  Act  for  the  niaking   and   Emitting   Bills  of  Credit. 

Be  it  enacted  by  the  Crovernour,  Co  micil  and  Representatives^ 
in  General  Court  assembled^  and  hy  the  authority  of  the  same, 
That  there  be  forthwith  struck  a  certain  number  of  bills  of 
credit  on  this  Colony,  in  suitable  sums  from  ten  shillings  to 
five  pounds,  which  in  the  whole  shall  amount  to  the  sum  of 
four  thousand- pounds,  and  no  more,  and  shall  be  stamped  on 
the  new  plate,  with  the  addition  of  the  date  of  this  Assem- 
bly ;  and  his  Honour  the  Governour,  Nathaniel  Stanly  and 
William  Pitkin,  Esq'%  and  Capt.  George  Wyllys,  be  a  com- 
mittee, under  oath,  for  the  faithful  management  of  the  affair; 
and  any  three  of  them  to  sign  the  said  bills,  and  to  deliver 
them  into  the  hands  of  the  Treasurer,  taking  his  receipt  for 
the  same. 

And  it  is  further  enacted  by  the  authority  aforesaid,  That  the 
Treasurer  be,  and  he  is  hereby,  impowered  to  issue  forth  and 
pay  out  the  said  sum  of  four  thousand  pounds,  towards  the 
payment  of  the  ijroemia  granted  for  the  encouragement  of 
such  souldiers  as  shall  voluntarily  inlist  themselves  to  go  on 
the  intended  expedition  ordered  by  his  Majesty  against  the 
Spanish   West-Indies,   when   they  shall   be   called   forth   to 


296  PUBLIC     RECORDS  [May, 

exercise*,  and  for  other  special  occasions  of  this  Colony, 
according  to  such  orders  as  shall  be  given  him  from  time  to 
time,  according  to  law. 

And,  as  a  fund  and  security  for  tlie  repayment  and  drawing 
in  of  the  said  bills  into  the  treasury  again,  this  Assembly 
grants  a  tax  or  rate  of  four  thousand  two  hundred  pounds,  to 
be  levyed  on  polls  and  all  other  rateable  estate  of  this  Colony, 
and  to  be  paid  into  the  treasury  at  or  before  the  last  day  of 
May  anno  Domini  1747 ;  which  said  rate  shall  be  paid  in  bills 
of  credit  of  this  Colony,  or  in  money  as  it  passeth  generally 
in  tiie  country  at  the  time  of  payment. 

This  Assembly  do  establish  and  confirm  Mr.  Benjamin  Holt 
to  be  Captain  of  the  first  company  or  trainband  in  the  town 
of  Wallingford,  and  order  that  he  be  commissioned  accord- 
ingly. 

[11]  This  Assembly  do  establish  and  confirm  Mr.  Eliasaph 
Merriman  to  be  Lieutenant  of  the  first  company  or  trainband 
in  the  town  of  Wallingford,  and  order  that  he  be  cpmmis- 
sioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Elnathan 
Street  to  be  Ensign  of  the  first  company  or  trainband  in  the 
town  of  Wallingford,  and  order  that  he  be  commissioned  ac- 
cordingly. 

Forasmuch  as  by  one  law  of  this  Colony  entituled  An  Act 
directing  listers  in  their  duty  and  office,  it  is  provided  that,  if 
the  listers  in  the  respective  towns  in  this  Colony  shall  not  an- 
nually send  the  sum  total  of  the  list  of  the  polls  and  rateable 
estates  of  the  inhabitants  of  such  towns  to  this  Assembly  at 
their  sessions  in  October,  such  town  shall  be  doomed  by  this 
Assembly :  And  whereas  the  listers  of  the  towns  of  Ridge- 
field  and  Litchfield,  respectively,  have  not  sent  the  sum  total 
of  such  list  of  the  polls  and  rateable  estate  in  tlieir  respective 
towns  to  the  sessions  of  this  Assembly  in  October  last,  ^c- 

*At  the  beginning  of  the  session  the  Governor  communicr.ted  two  letters  of  his 
grace  the  Duke  of  Newcastle,  one  of  his  Jlajesty's  principal  Seci-etaries  of  State,  to 
the  Governor  and  Company  of  Connecticut,  directing  a  proclamation  of  war  (en- 
closed) to  be  published  in  this  Colony,  against  the  King  of  Spain,  his  vassals  and  sub- 
jects ;  and  also  respecting  an  expedition  forming  against  the  Spanish  West  Indies  and 
dominions  in  America.  Ky  the  desire  of  the  Assembly,  the  Governor  accordingly 
issued  a  Proclamation,  informing  all  who  would  volunteer  to  serve  in  the  expedition, 
that  his  Majesty  had  been  pleased  to  signify,  that  such  'roops  as  should  be  raised  in 
America  should  be  commanded  by  Colonel  Spotswood  till  joined  by  the  regular 
troops  from  Great  Britain,  the  whole  then  to  be  under  the  conduct  of  Lord  Cathcart  ; 
that  the  soldiers  inlisting  in  this  Colony  should  be  commanded  by  proper  officers,  to 
be  appointed  by  the  Governor  and  to  receive  his  Majesty's  commissions  ;  that  they 
should  be  su  plied  with  arms  and  proper  clothing,  and  also  be  paid  bv  his  j\Iajesty, 
with  an  assurance  of  their  sharing  in  the  booty  which  might  be  taken  fi-om  the 
enemy  ;  that  they  should  be  sent  back  to  their  homes  when  the  expedition  should  be 
over,  unless  any  desired  to  settle  elsewhere  ;  and  that  such  as  should  inlist  and  be 
actually  called  forth  (not  exceeding  five  hundred  men)  should  have  five  pounds  each, 
as  a  premium,  paid  to  them  out  of  the  Colony  treasury. — Journal  U.  H.,  War,  IV.  54. 


1740.]  OP      CONNECTICUT.  297 

cording  as  it  is  in  said  act  provided:  This  Assembly  do  sen- 
tence and  doom  the  inhabitants  of  the  town  of  Ridgefield  to 
pay  into  the  publick  treasnry  of  this  Colony  the  sum  of  twen- 
ty-nine pounds  fifteen  shillings,  and  the  inhabitants  of  the 
town  of  Litchfield  the  sum  of  twenty-seven  pounds  six  shil- 
lings and  four  pence  ;  and  the  Treasurer  is  ordered  and  di- 
rected to  send  forth  his  warrant  to  the  constables  of  the  said 
towns,  respectively,  to  levy  and  collect  the  said  sums  of  the 
inhabitants  of  the  towns  to  which  they  belong,  and  to  pay  in 
the  same  to  the  publick  treasury ;  and  the  said  constables  are 
hereby  impowered,  respectively,  to  levy  the  said  sums  of  tlie 
inhabitants,  and  required  to  pay  in  the  same  to  the  publick 
treasury,  as  is  by  law  required  in  cases  where  the  lists  are 
orderly  returned  to  this  Assembly. 

An  Act  directing  when   the  Freemen   in   the  several 
Towns   in  this  Colony  shall   meet  in   Order  to  their 
putting  in  their  Proxies  and  for  the  chusing  Depu- 
ties for  to  attend  the  General  Assembly  in  May. 
Be  it  enacted  hy  the  G-overnoui\  Council  and Bepresentatives, 
in  G-eneral  Court  assembled^  and  by  the  authority  of  the  same, 
That  the  freemen  in  the  several  towns  shall  annually  meet  at 
nine  of  the  clock  in  the  morning  on  the  Monday  next  follow- 
ing the  first  Tuesday  in  April,  when  they  shall  proceed  to  the 
choice  of  their  Deputies,  and  also  to  put  in  their  votes  for  the 
choice  of  a  Governour,  Deputy  Governour,  the  twelve  Assist- 
ants, the  Treasurer  and  Secretary  ;  any  law,  usage  or  custom 
to  the  contrary  notwithstanding. 

An  Act  for  opening  and  adjourning  the  Commission- 
ers' Court  at  New  London. 
It  being  represented  to  this  Assembly  by  some  of  the  judges 
of  said  court  of  commissioners  that  the  business  of  said  court 
is  not  yet  finished  and  compleated,  and  that  the  said  court 
now  stands  adjourned  till  the  first  Wednesday  of  June  next, 
which  is  like  to  interfere  with  the  business  of  this  Assembly : 
Which  inconvenience  to  prevent. 

Be  it  enacted  by  the  Grovernour,  Council  and  Bepresentatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  if  any  one  of  the  judges  of  said  court  be  on  the  spot  for 
opening  of  said  commissioners'  court,  shall  have  full  power 
and  autliority  to  open  and  adjourn  said  court.    . 

Ayid  it  is  further  enacted  by  the  authority  aforesaid.  That 
[12]  if  none  ||  of  the  judges  of  said  court  should  be  there  on 
the  said  first  Wednesday  of  June,  that  it  shall  be  the  duty  of 
the  clerk  of  said  court,  and  he  is  hereby  authorized  and  im- 
powered, to  adjourn  said  court  by  proclamation,  frOm  day  to 
day,  till  the  judges  may  arrive  at  the  said  New  London  ;  and 
38 


298  PUBLIC     RECORDS  [May, 

all  persons  concerned  in  the  said  court  are  to  take  notice 
thereof  accordingly. 

Upon  the  memorial  of  John  Thrall  of  Windsor,  shewing 
this  Assembly  the  grievous  hurt  and  damage  he  has  sustained 
relating  to  a  highway  being  laid  out  through  his  farm  at  the 
northwesterly  corner  of  Windsor  aforesaid,  by  a  jury  impan- 
nelled  for  that  purpose  by  order  of  the  county  court  held  in 
Hartford  by  adjournment  in  January,  173-|,  whose  return  was 
made  to  the  county  court  held  at  Hartford  in  April,  1739,  ac- 
cepted and  established,  &c. ;  praying  a  reversal  of  the  doings 
of  the  said  jury  thereon,  &c.,  for  the  reasons  assigned  in  his 
petition  on  file,  &c.,  and  that  a  jury  de  novo  be  impannelled 
by  the  county  court  for  the  county  of  Hartford,  to  do  that 
work  upon  his  own  costs,  &c :  Resolved  by  this  Assembly, 
that  the  next  county  court  to  be  held  at  Hartford  for  said 
county,  upon  the  proper  cost  of  the  said  John  Thrall,  shall 
cause  another  jury  of  good  and  lawful  men  to  be  summoned, 
six  of  them  out  of  the  town  of  Hartford  and  six  of  them  out 
of  the  town  of  Farmingtown,  to  repair  to  the  place  aforesaid, 
lay  out  the  said  highway  so  far  as  relates  to  said  Thrall's 
farm,  assess  damages,  &c.,  and  make  return  of  their  doings, 
&c.,  according  to  the  direction  of  the  law;  and  that  upon  the 
said  Thrall's  procuring  such  jury  de  novo  cf  c,  the  doings  of 
the  former  jury  shall  be  set  aside  and  made  void.  And  it  is 
further  resolved,  that  the  said  Thrall  have  liberty  to  fence  up 
the  said  highway  as  laid  out  by  the  former  jury,  for  the  secu- 
rity of  his  farm,  until  the  next  county  court  as  aforesaid  : 
provided  he  make  proper  bars  or  gates  for  the  people  to  pass 
across  his  farm. 

Upon  the  memorial  of  Gershom  Clark,  town-clerk  of  the 
town  of  Lebanon,  representing  to  this  Assembly  that  one  cer- 
tain deed  executed  Ijy  one  James  Tuttle,  of  said  Lebanon,  to 
one  Nathaniel  Toplilf,  of  Dorcliester  in  the  Province  of  the 
Massachusetts  Bay,  and  his  heirs,  in  trust  f(?r  the  use  of  Sam- 
uel Topliff,  late  of  Lebanon  now  of  Willington,  and  Hannah 
his  wife,  during  the  term  of  their  natural  lives,  and  the  life 
of  the  longest  liver  of  them,  and  after  that  to  the  heirs  of  said 
Hannah  in  fee,  was  received  by  the  said  town-clerk  to  record, 
and  was  by  him  recorded  in  said  Lebanon  records,  and  the 
said  deed  stood  so  recorded  for  some  considerable  time ;  and 
the  said  Samuel  Topliff.  being  minded  to  sell  the  said  land,  but 
could  not,  because  he  had  only  his  life  therein,  came  sundry 
times  to  the  liouse  of  the  said  town-clerk,  to  see  said  deed, 
and  sometime  in  the  fall  of  the  year  last  past,  the  said  Sam- 
uel Topliff  came  to  his  house  when  he  was  from  home,  and 
obtained  the  sight  and  use   of  the   book   of  records  wherein 


1740.]  OF      CONNECTICUT.  299 

said  deed  was  entered,  and  being  some  time  alone  in  the  room 
with  the  said  book,  after  that  he  had  the  use  of  it  he  went 
away  ;  not  h^ng  after  which  tlie  said  town-clerk  looking  on  said 
records,  he  found  the  said  deed,  as  therein  had  been  recorded, 
cut  and  torn  out  of  said  records  and  utterly  spoiled ;  and 
sometime  after,  the  said  town-clerk  had  brought  to  him  a 
deed  in  fee  of  said  land,  given  by  the  said  Tuttle  to  another 
[13]  person,  to  be  recorded :  ||  whereupon  the  memorialist 
prays  for  advice,  and  the  care  of  this  Assembly  for  the  relief 
of  such  persons  as  are  like  to  be  wronged  and  injured :  It  is 
resolved  by  this  Assembly,  that  Jonathan  Trumble,  Ebenezer 
West  and  Jonathan  Huntington,  Esq''*,  or  any  two  of  them, 
be  a  committee  hereby  autiiorized  by  this  Assembly  to  sum- 
mon before  them  all  the  pai'ties  and  evidences  in  the  case, 
and  enquire  concerning  the  matters  and  things  represented 
by  the  said  town-clerk,  and  examine  them  under  oath,  and 
commit  them  to  the  common  goal  of  the  county  if  they  shall  re- 
fuse to  answer  to  the  questions  which  shall  be  asked,  and  find 
out  as  far  as  may  be  the  authors  of  the  mischief  complained 
of  and  all  the  circumstances  thereof,  and  make  report  of  their 
doings  to  this  Assembly  at  their  sessions  in  October  next, 
and  bind  over  such  persons  as  they  shall  judge  meet,  to  ap- 
pear before  the  said  Assembly  and  abide  the  order  and  de- 
termination thereof. 

Upon  the  memorial  of  Timothy  Horsford,  shewing  to  this 
Assembly  that  in  the  late  selling  of  the  northern  township  in 
this  Colony,  which  was  sold  at  Hartford  at  vendue,  he  bought 
one  right  at  one  hundred  and  seventy  pounds,  and  took  a  deed 
of  the  committee,  and  gave  bonds  for  the  payment  of  the 
money  and  for  settlement,  according  to  the  act  of  Assembly, 
and  that  the  rest  of  the  bidders  did  not  take  deeds  and  give 
bonds,  whereby  he  is  prevented  of  settling  and  taking  benefit 
of  his  purchase,  &c.,  and  prays  for  relief:  Whereupon  it  is 
resolved,  that  the  time  of  payment  of  the  purchase  money  be 
deferred  for  the  term  of  four  years,  and  that  the  interest  of 
the  money  be  abated  for  that  time :  provided  the  said  Hors- 
ford give  sufficient  security,  to  the  acceptance  of  the  commit- 
tee that  was  appointed  to  sell  said  township,  to  pay  the  said 
purchase  money. 

Whereas  Mary  Seager,  (the  wife  of  Shadrach  Seager,)  of 
Wallingford  in  the  county  of  New  Haven,  by  her  memorial  to 
this  Assembly  hath  made  it  evident  that  John  Hoxsey  and 
Ichabod  Sheffield,  both  of  South  Kingstown  in  the  Colony  of 
Rhode  Island,  brought  their  action  against  the  said  Shadrach 
Segar  at  the  county  court  holden  by  adjournment  at  New  Ha- 
ven upon  the  last  Tuesday  of  January,  1739-10,  and  that  the 


300  PUBLIC    RECOEDS  [May, 

said  persons  got  judgment  against  said  Shadracli  for  a  consid- 
erable sum,  notwithstanding  the  said  Shadrach  was  out  of 
this  Colony  at  the  time  when  the  writ  of  attachment  went 
out  and  when  his  estate  was  by  the  constable  of  Wallingford 
seized  and  secured  to  answer  in  said  action,  and  that  said 
Shadrach  was  also  out  of  the  government  when  judgment  was 
obtained  as  aforesaid ;  which  judgment  was  given  upon  de- 
fault, without  any  continuance,  as  the  law  in  such  case  hath 
provided  ;  and  also  that  for  some  time  before  the  commencing 
of  said  action,  and  ever  since,  the  said  Shadrach  was  fallen 
into  distraction,  and  not  capable  of  taking  care  of  his  own 
affairs  ;  and  the  said  Mary  did  further  declare,  that  her  bed 
and  much  of  her  wearing  apparrel,  and  all  other  necessaries 
for  keeping  house,  were  seized  and  taken  away  from  her,  and 
that  the  same  were  posted  and  likely  to  be  sold  in  a  few  days, 
althS  much  of  the  debt  or  demand  was  paid ;  and  thereupon 
the  said  memorialist  prayed  that  the  said  judgment  of  said 
[14]  adjourned  court  might  be  reversed,  and  she  might  have  || 
her  wearing  apparrel,  bed,  and  necessaries  for  house-keeping, 
be  allowed  hei",  and  that  the  remainder  of  said  estate  [be] 
safely  kept  by  the  said  constable  until  the  county  court  to  be 
holden  at  New  Haven  in  November  next,  and  that  some  suit- 
able person  might  be  appointed  to  represent  the  said  Shad- 
rach, &c.,  as  per  her  memorial  on  file  appears  :  Resolved  by 
this  Assembly,  that  the  bed,  wearing  apparrel  and  necessary 
household  utensils  of  the  memorialist  be  forthwith  returned 
to  her  by  the  said  constable,  for  her  use  and  comfort,  and  the 
said  constable  do  not  proceed  to  make  sale  and  disposition  of 
the  residue  of  said  estate  at  the  said  suit  of  said  Hoxsey  and 
Shefiield,  taken  as  abovesaid,  but  that  he  safely  hold  and  keep 
the  same  until  the  county  court  to  be  holden  at  said  New  Ha- 
ven in  November  next,  and  that  said  judgment  be  reversed, 
and  the  same  is  hereby  reversed  with  all  the  proceedings 
thereon,  and  that  a  new  hearing  and  tryal  of  said  action  at 
said  county  court  be  granted  in  favour  of  said  Shadrach,  and 
that  some  suitable  person  be  by  the  said  county  court  ap- 
pointed to  represent,  appear  and  defend  in  said  suit,  for  and 
in  behalf  of  the  said  Shadrach,  the  said  court  being  duly  cer- 
tified of  the  continuance  of  the  said  Segar  under  the  incapacity 
aforesaid. 

Upon  the  memorial  of  John  Edwards,  and  others,  of  the 
parish  of  Stratfield  in  Fairfield  county,  representing  that  they 
cannot  conveniently  attend  the  pul)lick  worship  of  God  at 
their  society  meeting  house  in  the  winter  and  part  of  the 
spring  season,  and  that  their  society  school  house  (which  the 
said  parish  oblige  them  to  keep,  maintain,  and  also  to  help 


1740.]  OF      CONNECTICUT.  301 

support  the  school  therein  kept,)  is  so  situated  as  that  they 
can  have  no  advantage  thereby,  and  praying  to  be  relieved  in 
the  pi-emiseg :  It  is  resolved  and  granted  by  this  Assembly, 
that  the  memorialists  and  their  associates  shall,  and  are  liereby 
freed  and  exempted  from  paying  anything  to  the  support  of 
the  said  parish  school  and  school  house,  and  that  they  may 
keep  a  school  among  themselves  and  have  their  share  of  tlie 
country  money  to  support  the  school ;  and  shall  and  are  hereby 
freed  and  exempted  from  paying  the  ministerial  charges  of 
said  society  that  shall  and  may  arise  in  said  society  for  the 
term  of  three  mouths  and  an  half  yearly,  for  the  tei'ui  of  five 
years  from  this  time:  that  is,  from  the  fii'st  day  of  December 
to  tlic  middle  of  March,  yearly,  during  said  five  years  ;  and 
that  the  memorialists  and  their  associates  shall  be  all  those 
tliat  live  in  said  parisli  east  of  the  line  dividing  between  the 
township  of  Stratford  and  the  township  of  Fairfield,  and  north 
of  a  line  drawn  from  the  eastermost  line  of  said  parish  to  the 
said  dividend  line,  leaving  David  Hubbell  and  John  Edwards, 
jun'",  on  the  north  of  said  line,  amongst  them,  in  case  they  im- 
prove an  approved  orthodox  minister  to  carry  on  the  publick 
worship  of  God  amongst  tiiem. 

Upon  the  memorial  of  the  Reverend  Mr.  Ebenezer  Wyman 
of  Union,  agent  in  behalf  of  the  inhabitants  of  Union,  and 
Isaac  Shelden  and  Joseph  Gilbert,  jun"",  both  of  Hartford, 
agents  in  behalf  of  the  proprietors  of  said  Union,  praying 
that  the  said  inhabitants  and  proprietors  may  be  enabled  to 
recover  the  taxes  laid  upon  the  lands  in  said  Union  by  the 
[15]  acts  of  this  ||  Assembly  in  October,  1734,  and  October, 
1735,  of  those  of  the  proprietors  of  said  land  on  which  said 
tax  was  laid  who  live  out  of  this  Colony,  for  the  reasons  set 
forth  in  their  memorial  on  file,  &c. :  It  is  thereupon  resolved 
and  enacted,  and  be  it  enacted  by  the  Governour,  Council  and 
Representatives,  in  General  Court  assembled,  and  by  the  au- 
thority of  the  same,  that  Messrs.  Isaac  Shelden,  of  Hartford, 
and  William  Ward  and  Paul  Langdon,  of  Union  aforesaid,  or 
any  two  of  them,  shall  be  appointed,  and  they  are  hereby 
fully  authorized,  impowered  and  appointed,  at  a  publick  ven- 
due in  the  town  of  Union  aforesaid,  to  sell,  to  the  highest  bid- 
der, so  much  of  the  land  or  lands  of  each  of  the  proprietors 
of  said  Union,  lying  in  said  Union,  and  who  do  not  live  or  re- 
side in  this  Colony,  as  may  be  sufficient  to  pay  the  tax  or  taxes 
of  each  of  such  non-resident  proprietor  or  proprietors  yet  re- 
maining unpaid,  or  so  much  thereof  as  shall  remain  unpaid 
at  the  time  of  such  sale,  with  the  incident  necessary  charges 
thereon  arising  for  such  sale  &c. ;  and  that  the  said  Shelden, 
Ward  and  Langdon,  or  any  two  of  them,  shall  make  and  exc- 


302  PUBLIC     RECORDS  [May, 

cute  to  the  person  or  persons,  wlio  shall  be  pnrchasers  at  such 
vendue  or  vendues,  proper  deeds  or  instruments  of  convey- 
ance to  them,  their  heirs  and  assigns  forever,  which  instru- 
ments of  conveyance  shall  be  effectual  in  the  law  for  the  said 
purchasers  to  hold  such  land  or  lands  so  sold  to  them,  &c.,  as 
aforesaid,  against  such  proprietor  or  proprietors  whose  land  or 
lands  shall  be  so  sold,  and  their  heirs  and  assigns,  to  all  in- 
tents and  purposes.  Provided  always,  that  such  non-resident 
proprietor  or  proprietors  be  notified  by  a  copy  of  this  act,  at 
least  one  full  month  before  the  time  set  for  such  vendue  and 
sale  of  his  or  their  land. 

Upon  the  memorial  of  James  Wright,  administrator  on  the 
estate  of  James  Elderkin  of  Killingsworth,  deceased,  shewing 
that  the  debts  due  from  the  said  deceas'd  surmount  the  whole 
of  the  personal  and  real  estate  of  said  deceas'd,  and  thfit 
there  is  some  part  of  the  land  of  said  deceased  mortgaged  to 
the  Governour  and  Company  of  this  Colony  for  fifty  pounds 
taken  by  the  said  Elderkin  upon  loan,  with  interest  also  due 
on  the  said  fifty  pounds  ;  praying  that  he  may  obtain  a  release 
of  said  mortgaged  land,  <fcc.,  and  liberty  to  sell  the  real  estate 
of  said  deceas'd  for  the  payment  of  the  said  debts,  &c.,  as  by 
his  memorial  on  file  :  Resolved  by  this  Assembly,  that  upon 
the  memorialist's  giving  bond  with  sufficient  surety  to  the 
Governom*  and  Company  of  this  Colony,  to  the  acceptance  of 
Colo.  Samuel  Lynde  of  Saybrook,  for  the  payment  of  said 
fifty  pounds  together  with  the  lawful  interest  which  is  already 
due  by  bonds  for  the  same,  within  the  space  of  one  year  next 
after  the  26th  day  of  May  instant,  then  the  memorialist  shall 
obtain  a  release  from  the  said  mortgage  of  all  the  land  mort- 
gaged as  aforesaid.  And  it  is  further  resolved,  that  the  debts 
due  to  the  Governour  and  Company  aforesaid  being  first  paid 
or  secured,  as  aforesaid,  and  the  said  mortgaged  land  released, 
the  memorialist,  with  Mr.  Jonathan  Lane  of  Killingsworth, 
[16]  by  and  with  the  advice  ||  and  direction  of  the  court  of 
probate  for  the  district  of  Guilford,  proceed  to  make  sale  of 
the  real  estate  of  the  said  deceased,  for  the  use  and  purpose 
aforesaid,  and  to  pass  proper  deeds  and  instruments  of  con- 
veyance of  the  same  to  the  person  or  persons  purchasing  the 
same  or  any  part  thereof. 

Upon  the  memorial  of  Caleb  Hall,  of  Wallingford,  repre- 
senting that  a  considerable  quantity  of  sheep's  wool  was 
ordered  to  be  kept  in  custody  of  said  memorialist  until  No- 
vember next,  taken  at  the  suit  of  John  Hoxsey  and  Ichabod 
Sheffield  against  Shadrach  Segar,  which  wool  is  in  great  hazard 
of  being  greatly  damnified,  if  not  wholly  lost;  praying  for 
liberty  to  dispose  thereof:     Resolved  by  this  Assembly,  that 


1740.]  OF      CONNECTICUT.  303 

the  memorialist  shall  and  hereby  hath  liberty  oranted  to  him, 
to  make  sale  of  said  wool  for  the  purposes  aforesaid,  and  that 
the  money  obtained  upon  the  sale  of  the  said  wool  be  safely 
kept  in  the  custody  of  the  memorialist,  and  by  him  be  pro- 
duced upon  the  tryal  of  said  case  at  the  county  court  to  be 
holden  at  New  Haven  in  November  next,  in  lieu  of  said  wool. 

Upon  the  memorial  of  Joseph  Ayers,  jun'',  and  sundry  others 
of  the  inhabitants  of  the  west  society  in  the  town  of  Norwich, 
praying  for  relief  against  a  vote  of  the  said  society  in  their 
meeting  holden  the  second  day  of  April  last,  wherein  they 
voted  to  make  addition  to  their  meeting  house,  and  their  pro- 
ceedings thereon:  Whereupon  it  is  ordered,  that  the  said 
memorial  be  continued  to  the  session  of  this  Assembly  in 
October  next ;  and  it  is  hereby  ordered,  that  the  committee 
that  said  society  have  appointed  to  make  said  addition,  and 
that  said  society  do  forthwith  desist  making  and  preparing  to 
make  the  said  addition  as  voted,  or  in  any  other  manner,  un- 
til the  rising  of  this  Assembly  in  October  next ;  and  that  they 
take  notice  thereof  as  they  will  answer  the  contempt.  And  it 
is  resolved,  that  a  copy  of  this  act  being  left  with  any  one  of 
the  committee  of  said  society  be  sufficient  notice  hereof. 

Upon  the  memorial  of  the  inhabitants  of  tlie  town  of  Cov- 
entry, praying  this  Assembly  to  appoint  a  committee  to  repair 
to  said  town,  to  view,  &c.,  and  hear  all  concerned,  and  to  di- 
vide them  into  two  distinct  societies  :  Whereupon  it  is  re- 
solved, that  Colo.  Thomas  Wells,  Capt.  Henry  AUyn,  and 
Capt.  Martyn  Kellogg,  be  a  committee  to  repair  to  the  said 
town  of  Coventry  and  view  tiieir  circumstances  and  hear  all 
concerned,  and,  if  they  judge  fit,  to  divide  them  into  two  so- 
cieties, and  make  their  report  thereon  to  this  Assembly  in 
October  next.  And  the  same  committee  are  hereby  further  di- 
rected, to  take  into  their  consideration  the  prayer  of  Nathaniel 
Kingsbury  and  others  of  Coventry,  praying  to  this  Assembly 
for  liberty  to  pay  parish  dues  to  Bolton,  and  to  be  excused 
from  paying  the  same  to  Coventry,  and  report  tlieir  opinion 
thereon  to  this  Assembly  in  October  next.  , 

Upon  the  memorial  of  Stephen  Brush  and  others,  inhabi- 
tants of  a  tract  of  land  called  New  Fairfield,  praying  to  this 
Assembly  for  town  privileges  :  Whereupon  it  is  resolved  by 
this  Assembly,  that  the  inhabitants  of  said  tract  of  land 
called  New  Fairfield  have  all  the  privileges  that  other  towns 
[17]  in  this  Colony  have,  and  the  same  is  hereby  ||  granted 
unto  them.  And  the  bounds  of  their  town  shall  be  as  follow- 
eth,  (yz'g.-)  Southerly  on  Danbury  and  Ridgefield.  westerly 
on  the  Colony  line,  easterly  on  New  Milford,  northerly  on 
country  land  ;  and  that  the  town  shall  be  called  New  Fairfield ; 


304  PUBLIC     RECORDS  [May, 

and  that  they  warn  and  hold  their  first  meeting  by  warrant 
from  the  next  justice  of  the  peace,  directino;  the  meeting  to 
be  warned  and  holden  for  choosing  town  officers,  which  war- 
rant such  justice  shall  grant  on  the  motion  of  any  two  or 
three  of  the  principal  inhabitants  of  said  town  ;  and  such 
justice  shall  lead  the  inhabitants  to  the  choice  of  a  modera- 
tor, after  which  they  shall  proceed  to  choose  all  other  proper 
town  officers. 

Upon  the  memorial  of  the  inhabitants  of  the  town  of  Kent : 
Resolved  by  this  Assembly,  that  Capt.  John  Buel  of  Litch- 
field, Mr.  Ebenezer  Hickcox  of  Danbury,  and  Justice  Nathaniel 
Skinner  of  Sharon,  be  a  committee  to  repair  to  said  Kent, 
view  their  circumstances,  and  state  a  place  for  the  building  a 
meeting  house  there,  and  make  report  to  this  Assembly  in 
October  next.  It  is  also  resolved  by  this  Assembly,  that  the 
overplus  of  the  land  tax,  granted  by  this  Assembly  in  October 
last,  in  said  town,  above  what  is  necessary  for  the  support  of 
a  gospel  minister  in  said  town,  shall  be  improved  for  the  build- 
ino-  a  meeting  house  in  said  town  for  the  publick  worship  of 
God. 

Upon  the  memorial  of  Jabez  Fitch,  of  Canterl)ury  in  the 
county  of  Windham,  representing  to  this  Assembly  that  he 
had  undertaken  to  build  and  finisli  a  bridge  over  Quinnabaug 
River,  for  the  benefit  of  travellers  &c.,at  the  cost  of  £210  Os. 
Oc?,,and  that  the  subscriptions  that  have  been  given  amounted 
to  X134  9s.  Oc?.,so  that  there  remained  for  the  memorialist  to 
pay,  £15  lis.  Od. ;  and  praying  this  Assembly  to  enact  that 
said  bridge  be  made  a  toll  bridge  and  the  fare  stated,  whereby 
the  memorialist  may  get  what  he  has  expended  for  the  benefit 
of  the  publick,  &c.,  as  per  the  memorial  on  file,  dated  October 
the  10th,  1739  :  Resolved  by  this  Assembly,  that  the  memo- 
rialist have  liberty  to  demand  toll  of  the  inhabitants  of  the 
towns  of  Plainfield  and  Canterbury,  exclusive  of  such  persons 
in  said  towns  as  have  already  contributed  in  money  towards 
the  building  said  bridge ;  and  that  the  toll  for  man  and 
horse  be  six  pence,  a  team  one  shilling,  a  single  person  two 
pence,  for  horses  and  neat  cattle  each  four  pence,  for  sheep 
and  swine  each  one  penny  ;  and  that  the  same  continue  until 
this  Assembly  order  otherwise. 

Upon  tlie  memorial  of  Thomas  Selden  of  tlie  parish  of  Midle- 
Haddam,  living  within  the  bounds  of  the  town  of  Haddam, 
shewing  that  he  with  his  farm  is  by  a  mistake  included  within 
the  parish  aforesaid,  &c.,  as  on  file:  This  Assembly,  taking 
into  consideration  the  circumstances  of  said  Selden,  have  re- 
solved, that  the  said  Selden,  with  his  family  and  farm  where 


1740,]  OP      CONNRCTICUT.  305 

he  now  dwells,  be  dismissed  and  released  from  being  of  the 
said  parish  and  all  parish  charges  therein,  and  that  he  be 
retnrned  to  the  society  of  Haddam  to  which  lie  did  lately 
belong, 

[18]  Upon  the  report  of  Hezekiah  Huntington,  Esq"",  Simon 
Lothrop  and  Samuel  Backus,  a  committee  appointed  by  this 
Assembly  last  October,  to  repair  to  the  great  river  between 
New  London  and  Norwich,  to  view  the  same  and  find  out  the 
most  convenient  place  for  a  ferry  :  This  Assembly  resolve, 
that  the  place  of  said  ferry  over  the  great  river  between  New 
London  and  Norwich  shall  be  near  where  John  Hurlburt  of 
Groton  now  keeps  his  boat,  (viz  .•)  from  a  point  of  land  where 
the  highway  or  road  that  is  laid  out  through  the  farm  of  Mr. 
Ralph  Stoddard  in  Groton  comes  to  the  water  on  the  east,  to 
a  point  of  land  in  Mr.  John  Comstock's  field  on  the  west  side 
of  said  river  ;  and  that  the  fare  of  said  ferry  shall  be,  in  the 
months  of  December,  January  and  February,  for  man,  horse 
and  load,  twelve  pence  money,  and  six  pence  for  eacli  single 
person  ;  and  in  the  other  months  of  the  year,  the  fare  of  said 
ferry  shall  be  eight  pence  for  man,  horse  and  load,  and  four 
pence  for  each  single  person. 

Upon  the  memorial  of  Mathew  McUre  and  Mary  McUre, 
executrix  to  the  last  will  and  testament  of  Abraham  Brooker, 
late  of  Killingworth,  deceas'd,  shewing  to  this  Assembly  that 
the  debts  due  from  the  said  Brooker's  estate  surmount  the 
personal  estate  of  said  deceased  the  sum  of  £453  !Js.  9c/.,  and 
praying  this  Assembly  to  appoint  some  meet  person  to  sell  so 
much  of  the  real  estate  of  said  deceas'd  as  may  be  sufficient 
to  pay  the  debts  aforesaid :  Resolved  by  this  Assembly,  that 
Mr.  Elnathan  Stephens  and  Mr.  John  Lane,  of  said  Killings- 
worth,  be  appointed,  and  they  are  hereby  fully  authorized  and 
impowered,  by  and  with  the  direction  of  the  court  of  probate 
in  Guilford,  to  sell  so  much  of  the  real  estate  of  the  said  Abra- 
ham Brooker,  deceas'd,  as  will  amount  to  the  sum  of  <£453 
9s.  9c/.  money,  with  the  charges  arising  thereon,  to  enable  the 
memorialist  to  pay  the  debts  aforesaid. 

Upon  the  memorial  and  request  of  the  proprietors  of  the 
township  of  Cornwall :  Resolved  and  enacted  by  this  Assem- 
bly, that  the  proprietors,  inhabitants  of  the  said  township  of 
Cornwall,  be  constituted,  erected,  made  and  imbodied,  and 
they,  with  the  other  lawful  inhabitants  thereof,  are  hereby 
constituted,  erected,  made  and  imbodied,  into  a  town,  by  the 
name  of  the  town  of  Cornwall ;  and  that  they  and  such  others 
as  from  time  to  time  become  inhabitants  thereof,  and  their 
successors,  shall  be  invested  with,  have,  exercise  and  enjoy, 
39 


306  PUBLIC      RECORDS  [May, 

the  authorities,  powers  and  privileoes,  and  be  under  the  regu- 
lations, that  other  towns  in  this  Colony  usually  have  and  are 
under  by  the  laws  of  tliis  government ;  and  that  the  brand 
for  and  to  be  used  by  said  town  shall  he  these  figures,  (viz:') 
two  CO.  And,  that  they  m^y  the  better  proceed  in  managing- 
the  affairs  of  said  town,  George  Holloway,  of  said  town,  is 
hereby  authorized  to  appoint  and  warn  the  first  meeting  of 
said  inhabitants,  to  be  in  said  place  in  the  month  of  July  next, 
and  then  to  chuse  selectmen,  town  clerk  and  treasurer.  Lib- 
erty is  also  by  this  Assembly  granted  to  said  inhabitants,  to 
call  and  settle  a  gospel  minister  among  them,  according  to 
the  laws,  usages  and  customs  of  this  Colony  ;  and  also  that  a 
tax  of  four  pence  per  acre  upon  three  hundred  acres  of  land 
laid  and  granted  to  be  laid  out  upon  each  of  the  fifty  particu- 
[19]  lar  private  rights  for  three  years,  the  first  ||  year's  tax 
to  be  paid  by  the  first  of  August  next,  and  the  others  yearly, 
for  the  building  a  meeting  house  and  support  of  a  minister  in 
said  town  ;  and  the  same  tax  is  hereby  granted  to  be  levyed 
and  collected  of  each  of  the  proprietors  of  the  said  fifty  private 
rights,  for  the  purpose  aforesaid ;  and  the  selectmen  for  the 
time  being  are  hereby  appointed  and  authorized  to  levy,  col- 
lect and  improve  the  said  tax  for  the  purpose  aforesaid. 

Upon  the  memorial  of  the  town  and  proprietors  of  the  town 
of  Canaan  :  This  Assembly  doth  appoint  Messrs.  Nathaniel 
Skinner  and  Jonathan  Dunham,  of  Sharon,  and  Mr.  Samuel 
Le^viss  of  Kent,  to  be  a  committee  to  repair  to  the  town  of 
Canaan,  view  the  situation  thereof  with  the  circumstances  of 
the  settlers  and  inhabitants,  and  affix  and  ascertain  the  place 
whereon  the  said  town  shall  build  their  meeting  house  for  the 
worship  of  God,  and  make  report  to  this  Assembly  in  their 
present  or  next  session  for  their  establishment.  And  this 
Assembly  doth  further  order  and  grant,  that  there  shall  be 
laid  upon  the  lands,  and  collected  of  the  proprietors  of  the 
same,  a  tax  of  £3  10s.  Oc7.,  upon  each  right,  (exclusive  of  the 
publick  lands,)  per  annum.,  for  three  years  next,  to  be  im- 
proved for  tlie  defraying  the  ministerial  charges  in  said  town 
and  the  building  a  meeting  house  there. 

Upon  the  memorial  of  Joseph  Tuttle,  jun"",  Thomas  Lamb, 
Benjamin  White,  Eleazer  Whittlesey,  James  Bebee  and  John 
Bebee,  all  purchasers  and  proprietors  of  the  township  of  Salis- 
bury, representing  as  in  said  memorial,  and  praying  this  As- 
sembly to  forbid  any  process  or  the  taking  or  demanding  any 
interest  on  certain  bonds  by  them,  respectively,  given  to 
secure  the  payment  for  their  several  purchases  within  said 
township,  &c.,  as  per  their  memorial  on  file  at  large  appears  : 
Resolved  by  this  Assembly,  that  no  process,  summons  or  at- 


1740.1  OP      CONNECTICUT.     *  307 

»  -"       \ 

tachment  shall  go  forth  against  the  memorialists  on  their  said 
bonds,  until  after  the  15th  day  of  March  next,  which  will  be 
March,  1740-41 ;  and  also  that  the  interest  which  on  said 
bonds  may  arise  until  the  loth  of  March,  1740-41,  shall  not 
ever  be  demandable  or  recoverable  in  the  law. 

Upon  the  memorial  of  Samuel  Gruman  of  Norwalk,  admin- 
istrator on  the  estate  of  John  Rockwell  late  of  Norwalk,  de- 
ceased, shewing  to  this  Assembly  that  the  debts  due  from  the 
said  estate  surmount  the  moveable  part  of  said  estate  the  sum 
of  one  hundred  and  eight  pounds  four  shillings  and  nine  pence, 
and  praying  for  liberty  to  sell  so  much  of  the  lands  of  the  said 
deceas'd's  estate  as  will  be  necessary  to  answer  the  same  with 
the  charges  arising  thereon,  allowing  what  was  formerly  sold 
by  order  of  this  Assembly  by  said  Gruman  and  Abigail  Rock- 
well, administratrix  on  said  estate,  (now  deceas'd,)  in  part 
thereof,  as  per  his  memorial  on  file  may  appear :  Resolved 
by  this  Assembly,  that  the  memorialist  and  Nathan  Betts,  of 
said  Norwalk,  be  impowered,  and  they  are  hereby  authorized 
and  fully  impowered,  to  make  sale  and  disposition  of  so  much 
of  the  lands  of  the  said  deceas'd  John  Rockwell,  in  addition 
to  wliat  the  said  Gruman  and  said  Abigail  Rockwell  have 
formerly  sold,  in  the  whole  to  answer  the  said  1081.  4s.  Qd., 
with  the  necessary  charges  arising  thereon,  taking  the  direc- 
tion of  the  court  of  probates  in  the  district  of  Fairfield 
therein. 

[20]  Upon  the  memorial  of  Obadiah  Johnson  jun"",  of  Can- 
terbury, as  guardian  to  the  heirs  of  Jacob  Johnson,  late  of 
said  Canterbury,  deceas'd,  shewing  to  this  Assembly  that  the 
said  deceased,  in  his  life  time,  purchased  of  Timothy  Pierce 
juni'jof  Plainfield,  a  right  of  land  in  the  town  of  Canaan,  sub- 
jecting him  under  the  acts  of  Assembly  to  settle  the  same,  &c., 
and  soon  after  the  purchasing,  as  aforesaid,  the  said  Jacob 
dyed,  and  the  delay  that  was  made  in  settling  the  deceased's 
estate,  and  appointing  guardian  for  the  children  of  the  de- 
ceased, run  out  the  time  that  was  set  for  settling  the  same  lot 
as  the  act  of  Assembly  directed  ;  praying  for  relief  for  the 
heirs  of  said  deceas'd  :  Whereupon  it  is  resolved  by  this  As- 
sembly, that  if  the  said  guardian  shall  repair  to  the  commit- 
tee that  was  af)pointed  to  sell  that  town,  within  two  months 
from  the  rising  of  this  Assembly,  and  give  bond  to  said  com- 
mittee, to  their  acceptance,  tliat  he  will  for  and  in  behalf  of 
the  said  heirs  settle  the  same  lot  in  form  as  was  directed  in 
the  former  act  of  Assembly,  and  that  within  the  space  of  two 
years  next  coming,  and  within  that  time  comply  with  the  said 
former  act  in  all  things  not  already  complied  with,  the  same 


308  'PUBLIC     KECORDS  [May, 

right,  purchased  as  aforesaid,  shall  he  and  belong  to  said  heirs 
as  it  would  have  done  if  no  such  delay  had  happened. 

Upon  the  memorial  of  John  Griswould,  Esq"",  and  Messrs. 
Joseph  Lee  and  Mathew  Mervin,  selectmen  of  the  town  of 
Lyme,  shewing  to  this  Assembly  that  a  certain  female,  called 
Martha  Miller,  of  said  town,  who  is  an  idiot  and  without  any 
means  of  subsistence  to  be  had  from  her  father,  (who  is  now 
living,)  is  lately  fallen  under  the  care  of  the  said  selectmen, 
who  have  drawn  out  of  the  treasury  of  said  town  the  sum  of 
eight  pounds  money,  which  has  been  expended  for  her  support 
and  comfort ;  and  further  shewing  that  there  is  in  said  town 
about  two  acres  of  land  which  belongs  to  the  said  female  by 
descent  from  her  mother,  who  is  deceased,  and  that  the  said 
land  being  uncultivated  affords  nothing  for  her  support ;  and 
praying  this  Court  to  authorize  and  impower  some  suitable 
person  or  persons  to  make  sale  of  said  land  for  the  payment 
of  the  disbursement  aforesaid  :  Resolved  by  this  Assembly, 
that  John  Griswould  and  Richard  Lord,  Esq^s,  of  said  Lyme, 
be  a  committee  fully  impowered  to  make  sale  of  said  two 
acres  of  land,  and  the  money  to  be  so  raised  to  be  improved 
for  the  aforesaid  purpose  ;  they  taking  the  consent  of  Jacob 
Miller,  the  father  to  said  idiot. 

Upon  the  memorial  of  the  Trustees  of  Yale  College,  shew- 
ing to  this  Assembly  that  the  said  college  being  destitute  of  a 
rector,  the  said  trustees  have  made  choice  of  the  Reverend 
Mr.  Thomas  Clapp,  pastor  of  the  church  in  the  first  society  in 
Windham,  to  be  Rector  of  said  College,  and  upon  his  accept- 
ance of  the  rectorate  of  said  college  and  removal  thereto,  the 
said  society,  by  their  committee,  moved  to  the  said  trustees 
for  a  recompence  for  their  temporal  damages  sustained  by  his 
removal  from  them  ;  and  the  said  trustees  praying  this  As- 
sembly, in  behalf  of  said  society,  to  allow  said  society  tlie 
sum  of  three  hundred  and  ten  pounds  for  the  satisfaction  of 
their  temporal  damages  :  Whereupon  this  Assembly  grants  to 
said  society  liberty  to  draw  three  hundred  and  ten  pounds,  in 
bills  of  credit,  out  of  the  treasury  of  this  Colony,  as  a  full  sat- 
isfaction for  their  temporal  damages. 

[21]  On  the  memorial  of  Richard  Lord,  Esq"",  shewing  to 
this  Assembly  that  in  March,  1739,  he  exhibited  an  informa- 
tion to  the  superiour  court,  then  sitting  at  Norwich,  against 
Samuel  Fox  of  New  London,  for  said  Fox's  uttering  a  false  and 
counterfeit  bill  in  imitation  of  the  five  pound  bills  of  this  Col- 
ony, knowing  the  same  to  be  counterfeit,  and  that  thereupon 
the  said  Fox  forfeited  into  the  publick  treasury  the  sum  of  one 
hundred  pounds  ;  and  praying  that  a  reward   for  said  service 


1740.]  OP     CONNECTICUT.  309 

might  be  ordered  him  out  of  the  publick  treasury  :  This  As- 
sembly grants  to  the  said  Richard  Lord,  Esq"",  the  sum  of  ten 
pounds  for  the  service  aforesaid,  and  the  Treasurer  is  hereby 
ordered  to  pay  it  accordingly. 

Upon  the  memorial  of  John  Tinker  of  New  London,  admin- 
istrator on  the  estate  of  Daniel  Harris,  late  of  New  Loiidon, 
deceased,  shewing  to  this  Assembly  that  the  debts  due  from 
the  estate  of  said  deceas'd  surmounted  the  personal  estate  in 
the  sum  of  <£32.  praying  liberty  for  the  sale  of  so  much  of  the 
real  estate  of  said  deceased  as  shall  amount  to  said  sum :  Re- 
solved by  this  Assembly,  tliat  so  much  of  the  real  estate  of 
said  deceas'd  be  sold,  to  the  highest  bidder,  as  shall  be  suffi- 
cient for  the  satisfying  and  payment  of  the  aforesaid  sum  of 
X32  Os.  Od.  and  costs  of  such  sale ;  and  that  the  aforenamed 
John  Tinker  be  appointed  to  make  sale  thereof,  taking  the 
direction  of  the  judge  of  the  court  of  probate  in  and  for  the 
district  of  New  London  in  his  proceedings  therein. 

Upon  the  memorial  of  Elizabeth  Wells,  representing  to  this 
Assembly  the  distressed  condition  of  one  of  her  children, 
which  for  a  considerable  time  has  languished  under  a  grievous 
wound  in  his  thigh,  .and  that  she  has  involved  herself  in  debt 
very  considerably  by  applying  herself  to  a  surgeon  for  his  re- 
lief, and  that  she  has  not  anything  whereby  to  discharge  her- 
self from  said  debt,  and  asking  the  compassionate  regards  of 
this  Court  and  some  provision  for  her  relief:  Whereupon  it  is 
resolved  by  this  Assembly,  that  the  memorialist  have  liberty, 
and  liberty  is  hereby  granted  to  her,  to  ask  the  contributions 
of  the  several  congregations  in  the  towns  of  Hartford,  Hebron, 
Colchester  and  East  Haddam,  and  what  money  may  be  con- 
tril)uted  shall,  by  the  ministers  of  the  congregations,  be  deliv- 
ered to  the  said  Elizabeth  Wells,  to  be  improved  for  the  pur- 
pose aforementioned. 

Upon  the  petition  of  the  town  of  Sharon :  It  is  resolved  by 
this  Assembly,  that  tliere  be  levyed  a  tax  of  four  pence  per 
acre  on  all  the  lands  already  laid  out  in  the  said  town,  as  also 
on  the  division  that  they  are  now  laying  out,  for  each  year 
during  the  space  of  four  years,  for  the  defraying  the  publick 
charge  of  said  town  ;  the  one  half  thereof  to  be  paid  in  each 
year,  at  such  time  as  tlie  inhabitants  of  said  town  shall  order, 
and  the  other  half  at  the  end  of  each  year  ;  always  provided, 
that  the  minister's  lands  in  said  town,  and  all  publick  lands, 
be  excepted  from  said  tax.  And  it  is  further  resolved  by  tliis 
Assembly,  that  Major  John  Bostwick  of  New  Milford,  Mr. 
Sam'  Lewiss  and  Mr.  John  Mills,  of  Kent,  be  a  committee 
to  view  their  circumstances  and  hear  all  parties,  to  repair  to 


310  PUBLIC    RECORDS  [May, 

tlie  said  town  of  Sharon  and  fix  a  place  ^dlere  the  inhabitants 
shall  build  a  meeting  house,  on  the  motion 'of  said  inhabitants 
after  they  shall  have  voted  as  the  law  directs  to  build  a  meet- 
ing house,  and  to  make  report  of  their  doings  to  the  Assembly 
in  October  next. 

[22]  Resolved  hy  this  Assemhlyy  That  the  brand  for  the 
horse-kind  in  the  town  of  Sharon  shall  be  two  §  ,  and  that 
the  brand  for  the  horse-kind  in  the  town  of  Newfairfield  shall 
be  ^F. 

Upon  the  memorial  of  Nathaniel  Stanly,  Esq"",  Mr.  John 
Austin,  and  many  others,  proprietors  of  the  lands  in  the  town 
of  New  Hartford,  and  upon  the  memorial  of  Martin  Smith, 
Stephen  Kelsey,  Jonathan  Marsh  and  many  others,  inhabitants 
and  proprietors  of  the  said  town,  praying  that  all  the  lands 
now  laid  out  in  said  town  may  be  taxed  at  three  pence  on  the 
acre  for  one  year,  said  tax  to  be  to  help  defray  the  charge  of 
building  the  meeting  house  in  said  town,  <fec.,  as  by  the  me- 
morials on  file  :  This  Assembly  grants  the  prayers  of  the 
memorialists,  and  that  all  the  lands  already  laid  out  in  said 
town  be  taxed  for  the  space  of  one  year  at  three  pence  per 
acre  ;  which  tax  shall  by  the  collectors  be-  paid  into  the  hands 
of  the  committee  for  the  building  said  meeting  house,  to  be 
improved  by  them  to  lielp  defray  the  charges  of  building  the 
same. 

Upon  the  memorial  of  the  inhabitants  of  the  parish  of  Beth- 
lem,  by  their  agent  Hezekiah  Hooker  of  said  parish,  praying 
this  Assembly  for  a  committee  to  affix  a  place  for  said  inhab- 
itants to  build  a  meeting  house  upon  :  Resolved  by  this  Assem- 
bly, that  Colo.  Benjamin  Hall,  Mr.  John  Southmaid  and  Mr. 
Stephen  Hopkins,  be  a  committee  to  repair  to  said  Bethlem 
and  view  the  circumstances  thereof,  and  hear  all  concerned 
in  the  premises,  and  affix  and  ascertain  tlie  place  for  said  in- 
habitants to  build  a  meeting  house  upon,  and  make  report  to 
this  Assembly  in  October  next. 

Upon  the  memorial  of  the  parish  of  Midle-Haddam :  Re- 
solved by  this  Assembly,  that  all  the  lands  laid  out  in  the 
limits  of  said  parish  shall  be  taxed  at  four  pence  per  acre ; 
which  tax  shall  be  collected  and  levyed  by  such  collectors  as 
by  said  parish  shall  be  appointed  for  that  purpose,  for  the 
space  of  two  years  next,  and  no  longer,  and  shall  be  paid  into 
the  hands  of  the  committee  for  the  building  a  meeting  house 
in  said  parish,  and  for  no  other  purpose  or  intent. 

Upon  the  memorial  of  John  Bate  of  Sharon,  shewing  the 
poor  and  distressing  circumstances  he  is  under,  by  being  frozen 
to  that  degree  that  he  has  lost  his  toes  and  is  rendered  a 


1740.]  OP       CONNECTICUT.  311 

cripple,  <fec.,to  the  impoverishing  of  him,  &c.,  with  other  dis- 
tresses of  his  family  ;  praying  for  relief,  as  per  his  memorial 
on  file:  Resolved  by  this  Assembly,  that  the  memorialist 
have  the  liberty  of  a  brief,  to  ask  the  charitable  contributions 
of  the  several  societies  in  the  towns  of  Fairfield,  Stratford, 
Norwalk  and  Standford,  for  his  relief;  and  that  the  money 
gathered  by  such  contributions  be  deposited  in  the  hands  of 
the  selectmen  of  Sharon,  to  be  improved  for  the  use  and  ben- 
efit of  the  memorialist  and  his  family. 

Upon  the  memorial  of  Doctor  Samuel  Walter,  of  Saybrook, 
in  the  county  of  New  London,  praying  this  Assembly  to  grant 
him  liberty  and  lycence  to  practice  physick  and  surgery  in  this 
Colony,  &c. :  Resolved  by  this  Assembly,  that  the  said  Samuel 
Walter,  doctor  of  physick  and  surgeon,  shall  have  free  liberty 
and  allowance,  and  lycence  is  hereby  to  him  granted,  to  prac- 
tice in  the  business  aforesaid. 

[2-3]  Whereas  Captain  Nathaniel  Saltonstall  was,  by  the 
honourable  the  Governour  and  Council,  appointed  Captain  of 
the  Port  at  '^ew  London,  and  ordered  to  inlist  men  for  the  de- 
fence of  that  port,  &c.,  and  hath  laid  before  this  Assembly  an 
account  of  his  doings  and  charges,  &c.,  and  by  this  Assembly 
hath  been  allowed  the  sum  of  ,£190  Is.  4:d.:  Resolved  by  this 
Assembly,  that  the  Treasurer  shall  be  ordered,  and  he  is  here- 
by ordered,  to  pay  out  of  the  Colony  treasury  to  the  said 
Capt.  Saltonstall  the  sum  of  XI 90  7s.  4cZ.,  to  be  by  him  dis- 
posed of  to  pay  the  charges  aforesaid,  according  to  the  partic- 
ulars in  his  accounts  allowed  as  aforesaid. 

The   Additions  to  the   Lists   of  Estate  of  the  Several 

To\Arns  in  this  Government  hereafter  nnentioned, 

sent  in  to  this  Assembly,  are  as  follow  (viz  :) 

Fourfold  Assessment. 
£      s.  d. 

-  127  8  0 

-  336  0  0 


217  1  0 

570  16  0 

108  8  0 

1260  15  0 
380  0  0 


Single  Addition. 

£ 

s. 

d. 

To  Hartford, 

1989 

9 

3 

To  Symsbury, 

220 

2 

0 

To  Canterbury, 

420 

15 

0 

To  Norwalk, 

1892 

0 

9 

To  D anbury, 

52 

5 

9 

To  New  Milford, 

61 

0 

0 

To  Saybrook, 

537 

1 

6 

To  Lebanon, 

870 

8 

0 

To  Parmington, 

203 

18 

0 

To  Waterbury, 

961 

0 

0 

To  Norwich, 

133 

9 

0 

To  Groton, 

958 

6 

0 

To  Preston, 

147 

0 

0 

To  Colchester, 

1455 

13 

0 

To  Wiiidliam, 

684     0 

6 

To  Killino-worth, 

216     8 

3 

To  Woodbury, 

563  10 

6 

To  Stoningtown, 

639  U 

0 

To  Haddam, 

81     0 

0 

To  Milford, 

319  13 

6 

To  East  Haddam, 

469  18 

0 

To  Brandford, 

920     1 

8 

To  Fairfield, 

407     9 

9 

To  Mansfield, 

180  10 

0 

To  Wallingford, 

1520  17 

0 

To  Weathersfield, 

302  14 

6 

To  Greenwich, 

935  12 

0 

To  Derby, 

230  11 

0 

To  Windsor, 

884  11 

4 

To  Glassenbury, 

156  15 

0 

To  Hebron, 

644     0 

0 

To  Midletown, 

593     2 

0 

To  New  Haven, 

1432  13 

0 

To  Guilford, 

376  12 

6 

312  PUBLIC     RECORDS  [May, 


1099  15  0 
68     0  0 


184  4  0 

325  16  0 

415  0  0 

134  0  0 

56  0  0 

514  0  0 

300  0  0 


-  417  4  0 
432  12  0 

Upon  the  petition  of  Nathaniel  Williams  vs.  Charles  Hazel- 
ton,  both  of  Killingsworth  in  the  county  of  New  London,  com- 
plaining of  a  judgment  of  the  superiour  court  held  in  New 
London  in  September  last  past,  recovered  against  him  by  said 
Hazelton  in  a  plea  of  trespass  on  the  statute,  and  thereupon 
praying  for  another  tryal  in  said  case,  as  per  his  petition  on 
[24]  file  may  more  fully  appear:  ||  Resolved  by  this  Assem- 
bly, that  the  said  judgment  complained  of  be  set  aside,  and 
the  same  is  hereby  reversed  and  set  aside ;  and  that  the  said 
Nathaniel  Williams  shall  have  liberty  of  anotlier  tryal  of  said 
case  at  the  superiour  court  to  he  held  in  New  London  on  the 
fourth  Tuesday  of  September  next;  and  that  the  future  cost 
only  shall  follow  the  final  judgment  that  sliall  be  given  in  said 
case,  if  the  same  be  rendered  in  favour  of  the  said  Williams. 

Upon  the  petition  of  James  Dunlop,  of  Stratford  in  the 
county  of  Fairfield,  vs.  Ebenezer  Beach,  of  Stratford  in  the 
county  of  Fairfield,  administrator  on  the  estate  of  Mary  Smith, 
and  Benjamin  Cogshall  and  Elizabeth  his  wife  and  Sam'  Jones 
and  Hannah  his  wife,  all  of  Stratford  aforesaid,  shewing  that 
his  father,  Mr.  Archibald  Dunlop,  dyed  seized  and  possessed 
of  a  considerable  estate  in  lands  and  moveables,  and  that  no 
settlement  hath  been  made  thereof  or  inventory  exhibited, 
but  that  the  said  Elizabeth  and  Hannah,  his  two  sisters,  with 
the  said  administrator,  hath  had  and  got  in  their,  or  some  of 
their,  hands  the  moveable  part  of  said  estate  and  sundry  writ- 
ings belonging  to  said  estate  of  considerable  consequence,  and 


1740.]  OP      CONNECTICUT.  313 

refuse  to  disclose  the  same,  and  yet  challenge  a  share  in  the 
lands  of  said  deceas'd;  and  thereupon  praying  for  relief  in 
the  premises,  lie  being  without  remidy  at  the  common  law; 
as  by  his  petition  on  lile  more  fully  may  appear:  Resolved  by 
this  Assembly,  that  Andrew  Burr,  Esq"",  John  Riggs,  Esq"", 
and  Capt.  John  Burr,  jun'",  be  a  committee,  and  they  are  hereby 
appointed  and  fully  authorized  a  committee  from  this  Court, 
to  enquire  into  the  matters  in  the  said  petition  contained  and 
all  things  relating  thereto,  by  hearing  and  examining  the  par- 
ties and  other  witnesses  under  oath,  if  occasion  be,  and  taking 
other  evidence  relating  to  the  premises,  and  what  they  find  in 
the  premises  report  to  this  Assembly  in  October  next.  And 
that  the  same  proceedings  may  be  regular  and  effectual,  the 
said  committee  are  directed  and  impowered  to  appoint  time 
and  place  of  hearing,  and  give  seasonable  notice  thereof  to 
the  parties  concerned,  and  to  call  before  them  such  witnesses 
as  they  may  think  proper,  on  the  motion  of  any  of  the  parties  ; 
that  so  this  Assembly  may  be  fully  informed  in  the  affairs 
aforesaid,  in  order  to  determine  thereon  according  to  equity 
and  a  good  conscience. 

Upon  the  petition  of  Thomas  Porsdick,  Nathaniel  Salton- 
stall  and  Lucretia  his  wife,  in  right  of  Lucre tia,  all  of  New 
London,  and  Daniel  Ely  of  Lyme  and  Ruharaah  his  wife,  in 
right  of  Ruhamah,  all  of  the  county  of  New  London,  against 
Ralph  Stoddard,  jun"",  of  Groton  in  said  county,  praying  this 
Assembly  to  make  null  and  void  a  certain  judgment  of  the 
superiour  court  held  in  New  London  aforesaid  in  September 
last,  in  an  action  of  partition  brought  by  tlie  said  petitioners 
against  the  said  Ralph  Stoddard,  of  two  certain  tracts  of  land 
lying  in  said  Groton,  as  appears  by  their  writ  dated  the  30th 
day  of  January,  1738-9,  which  judgment  was  rendered  in  fa- 
vour of  the  said  Stoddard ;  and  that  they  might  have  another 
tryal  in  the  said  cause  before  the  superiour  court  to  be  held  at 
New  London  in  and  for  the  county  of  New  London  in  Septem- 
ber next:  Resolved  by  this  Assembly,  that  the  said  judgment 
be  and  the  same  is  hereby  made  null  and  void;  and* liberty  is 
hereby  granted  to  the  said  petitioners  to  have  another  tryal  in 
said  action  before  the  superiour  court,  to  be  held  in  New  Lon- 
don in  and  for  the  county  of  New  London  in  September  next; 
and  that  the  whole  costs  shall  follow  said  tryal. 

[25]  Resolved  hj  this  Assembly,  That  there  be  no  further 
disbursements  on  the  Battery  already  begun  at  New  London 
than  what  hath  been  ordered  by  this  Assembly  heretofore 
until  advice  be  had  from  some  engineer  as  hereafter  in  this 
act  is  directed.  And  the  Hon^if  Jonatiiau  Law,  Esqr,  James 
40  \ 


314  PUBLIC      RECORDS  [May, 

Wads  worth,  Esq"",  and  Samuel  Lyiide,  Esq"",  are  appointed  a 
committee,  fully  authorized  and  impowered  by  this  Assembly 
to  send  for  an  engineer,  or  person  skilled  in  fortification,  to 
come  to  New  London  and  there  to  view  the  harbour,  town 
and  parts  adjoyning,  and  consider  the  circumstances  and  situa- 
tion of  the  said  harbour,  &c.,  and  to  give  his  opinion  and  advice, 
what  may  be  best  further  to  be  done  for  the  present  defence  of 
the  said  town,  harbour,  and  navigation  that  may  be  therein, 
and  where  a  fortification  or  battery  may  be  erected  for  the  de- 
fence of  the  said  harbour,  &c.,  in  the  best  manner  for  the  fu- 
ture. And  the  said  committee  are  directed,  that  if  the  said 
engineer  shall  advise  to  do  anything  further  on  the  battery 
begun  as  aforesaid,  for  the  present  defence  of  the  said  harbour, 
&c.,  that  thereupon  the  said  committee  shall  take  that  matter 
into  their  consideration  and  direct  the  committee  tliat  were 
appointed  in  October  last  to  mount  the  guns  that  are  already 
sent  for,  in  the  said  battery,  together  with  the  guns  hereafter 
in  this  act  ordered  to  be  sent  for,  in  the  said  battery,  so  soon 
as  may  conveniently  be  done  after  they  are  l)rought;  and  to 
do  what  the  said  engineer  shall  direct  to  be  done  to  the  said 
battery,  or  so  much  thereof  as  they  shall  judge  proper.  And 
the  said  committee  are  further  directed  to  lay  the  advice  of 
the  said  engineer,  respecting  the  erecting  another  fortification 
or  battery,  before  the  Assembly  in  October  next,  for  further 
direction,  together  with  the  advice  of  said  engineer  respecting 
the  battery  already  begun,  with  what  they  shall  think  proper 
to  direct  the  aforesaid  committee  to  do,  either  in  whole  or  in 
part,  as  the  said  engineer  shall  advise.  And  the  aforesaid 
committee,  viz.  Messrs.  Prentiss,  Avery  and  Ledyard,  are 
hereby  ordered  and  impowered  to  send  for,  or  procure  in  the 
best  manner  they  can,  ten  pieces  of  cannon  more  than  are  al- 
ready ordered  to  be  provided,  of  such  weight  and  sizes  as  they 
shall  be  directed  by  the  committee  first  in  this  act  appointed ; 
and  likewise  to  procure  five  barrels  of  powder  and  three  hun- 
dred shot  of  suitable  sizes  for  the  cannon  to  be  mounted  in 
said  battery  as  aforesaid,  in  addition  to  what  is  already  ordered. 
And  it  is  further  resolved,  That  Roger  Wolcott,  Esqr,  Na- 
thaniel Stanly,  Esq"",  Ozias  Pitkin,  Esq'",  William  Pitkin,  JEsq'", 
and  Capt.  John  Marsh,  be  a  Council  of  War,  to  assist  his 
Honour  the  Governour  in  all  emergent  occasions,  to  prevent 
the  expence  and  trouble  of  calling  the  General  Assembly  to- 
gether in  such  case.  And  his  Honour  the  Governour  and 
the  aforesaid  Council  of  War  are  hereby  impowered  to  pro- 
vide a  sloop  or  other  vessel  of  force,  in  case  of  necessity,  as 
they  shall  judge  proper,  for  tlys  defence  of  the  harbour  of  New 
London,  and  our  other  sea-coasts,  as  they  shall  direct. 


1740.]  OF      CONNECTICUT.  315 

And  Samuel  Lyncle,  Esq«",  Mr.  Samuel  Willard  and  Mr. 
Joseph  Blague,  are  appointed  a  committee  to  repair  the  forti- 
fication of  Saybrook,  and  mount  the  guns  that  are  there  ; 
always  provided  the  sum  do  not  exceed  the  sum  of  one  hun- 
dred pounds  to  be  expended  therein. 

Upon  the  petition  of  James  Babcock  v.  Joshua  Babcock : 
The  question  was  put,  whether  the  prayer  of  the  said  petition 
should  be  granted,  and  resolved  by  this  Assembly  in  the  neg- 
ative. Cost  alloived  respondent  is  X6  2s.  Qd.  Ex.  granted 
June  5th,  1740. 

[26]  Upon  the  petition  of  James  Hilhouse  of  New  London 
W.Joshua  Raymond,  John  Vibber,  Jonathan  Copp,  Joseph  Otis, 
Robert  Denison  and  Peter  Wickwire,  inhabitants  of  the  north 
parish  in  New  London,  and  the  rest  of  the  inhabitants  of  said 
parish,  on  file :  The  question  was  put,  whether  the  pleas  of- 
fered in  abatement  of  the  said  petition  are  sufficient,  and  re- 
solved by  this  Assembly  in  the  affirmative. 

Upon  the  petition  of  William  Whitmore  of  Midletown  v. 
Noali  Phelps  of  Midletown  and  James  Pelton  and  James 
Foresyth  and  Nathaniel  Bosworth,  all  of  Midletown :  The 
question  was  put,  whether  anything  should  be  granted  on  said 
petition,  and  resolved  by  this  Assembly  in  the  negative.  Cost 
allowed  respondents  is  £5  19s.  2d.  Ex.  granted  June  19^/i, 
1740. 

Upon  the  petition  of  Mathew  Allyn,  Esq^",  Thomas  Stough- 
ton,  of  Windsor,  proprietors  of  the  common  and  undivided 
lands  in  the  town  of  Windsor,  and  the  rest  of  the  proprietors 
of  the  said  common  and  undivided  lands,  vs.  Ebenezer  Hurl- 
burt,  of  Windsor :  The  question  was  put,  whether  the  prayer 
of  said  petition  should  be  granted,  and  resolved  by  this  As- 
sembly in  the  negative.  Cost  allowed  respondent  is  ,£3  Os. 
lOc^.     Ex.  granted  Jidy  Ibth,  1740. 

Upon  the  petition  of  Thomas  Stoughton,  Bliakim  Marshall, 
James  Enno,  &c.,  proprietors  of  the  common  and  undi- 
vided land  in  the  township  of  Windsor,  vs.-  Roger  New- 
berry, one  of  the  proprietors  of  the  common  and  undivided 
land  in  the  township  of  Windsor,  and  the  rest  of  the  propri- 
etors of  said  common  and  undivided  lands,  on  file,  &g.  :  The 
question  was  put,  whether  the  pleas  offered  in  abatement  of 
the  said  petition  by  the  respondents  are  sufficient,  and  re- 
solved by  this  Assembly  in  the  affirmative.  Cost  allowed  re- 
spondent is  X3  Os.  lOc^. 

Upon  the  petition  of  Daniel  Murwin  of  Durham  v.  Giles 
Hall  of  Midletown,  one  of  the  proprietors  of  the  common  and 
undivided  lands  in  the  town  of  Midletown,  and  the  rest  of  the 


316  PUBLIC     RECORDS  [May, 

proprietors  of  said  common  and  midivided  land,  as  on  file, 
&c. :  The  question  was  put,  whether  the  pleas  offered  in 
abatement  of  the  said  petition  are  sufficient,  and  resolved  by 
this  Assembly  in  the  affirmative.  Cost  alloived  respondents 
is  m  3s.  4d 

Joseph  Rockwell,  jun"",  of  Windsor,  being  brought  before 
this  Assembly  to  answer  tlie  complaint  of  Jonathan  Hall  of 
Union,  for  that  he,  said  Hall,  being  in  the  town  of  Windsor,  in 
the  peace  of  God  and  the  King,  and  about  his  lawful  business, 
the  said  Rockwell  did  inform  the  said  Hall  that  he  was  an 
officer  lawfully  appointed  and  impowered  to  impress  men  for 
his  Majesties  service  in  his  war  with  Spain ;  and  that  he,  said 
Rockwell,  did  then  and  there  impress  the  said  Jonathan  Hall, 
and  shewed  him  a  paper,  which  he  said  was  a  lawful  writ, 
granted  out  and  directed  to  him  as  an  officer  to  impress  men 
for  his  Majesties  service,  &c.,  as  on  file  ;  which  actions  and 
doings  of  the  said  Rockwell  by  his  examination  and  confes- 
sion appear  to  this  Assembly  to  be  without  warrant  or  any 
legal  power,  and  therefore  great  misdemeanour :  Wliereupon 
this  Assembly  do  amerce  the  said  Joseph  Rock wel.l,jun'',  in 
the  sum  of  five  pounds  money,  and  order  that  the  same  be 
paid  by  him  as  a  fine  into  the  publick  treasury  of  this  Colony, 
and  pay  the  costs  of  his  prosecution,  and  also  become  bound 
[27]  with  surety  to  ||  the  Treasurer  of  this  Colony,  in  the 
sum  of  one  hundred  pounds,  for  his  good  behaviour  during 
the  pleasure  of  this  Assembly.  Accordingly  the  said  Joseph 
Rockwell,  juni",  principal,  and  Samuel  Stoughton  of  Windsor, 
surety,  personally  appeared  and  acknowledged  themselves 
^foyntly  and  severally  bound  in  a  recognizance  of  one  hundred 
pounds  money  to  the  Treasurer  of  the  Colony  of  Connecticut, 
that  he,  the  said  Joseph  Rockwell,  shall  carry  peaceable  and 
good  behaviour  towards  all  his  Majesties  liege  subjects  during 
the  pleasure  of  the  General  Assembly,  and  until  by  them  he 
be  discharged  from  this  bond. 

To  the  Honourable  General  Assembly,  to  be  holden  at  Hart- 
ford May  second  Thursday,  1740 : 

Your  committee  humbly  reports,  that  your  Honours  at  your 
sessions  in  October  last  were  pleased  to  appoint  us  to  repair 
to  Midle-Haddam  and  ascertain  a  place  for  said  parish  to 
build  their  meeting  house  upon  for  divine  worship  ;  that  we 
have  now  repaired  to  said  parish,  notified  all  persons  con- 
cerned and  lieard  them  thereon,  and  have  affixed  a  place  for 
that  purpose,  which  is  on  the  west  side  of  the  new  highway, 
about  seven  or  eight  rods  northeast  from  James  Pelton's 
dwelling   house,  and  on    the    southerly   side  of   the  widow 


1740.]  OF       CONNECTICUT.  317 

Burr's  lot,  where  we  have  set  up  a  stake  over  which  said 
meetino-  house  is  to  be  set. 

Thomas  Wells,   John  Chester,  Jonathan  Hale,   Committee. 

The  above  report  of  the  committee  is  accepted  and  ap- 
proved by  this  Assembly. 

This  Assembly  grants  to  his  Honour  the  Governour  the 
sum  of  two  hundred  pounds  of  the  present  currency,  out  of 
the  Colony  treasury,  for  the  one  half  of  his  salary  for  this 
current  year. 

This  Assembly  grants  to  his  Honour  the  Deputy  Governour 
the  sum  of  one  hundred  pounds  of  the  present  currency,  out 
of  the  Colony  treasury,  for  the  one  half  of  iiis  salary  the  cur- 
rent year. 

This  Assembly  grants  unto  Mr,  Agent  Wilks,  for  his  salary 
this  year,  the  sum  of  one  hundred  and  fifty  pounds,  to  be 
paid  out  of  the  interest  money  brought  into  the  publick  treas- 
ury, or  out  of  the  four  thousand  pounds  now  ordered  to  be 
stamped  and  put  into  the  treasury; 

This  Assembly  grants  to  Capt.  John  Whiting,  Treasurer  of 
this  Colony,  for  the  whole  of  his  service  as  Treasurer  the 
ensuing  year,  the  sum  of  one  hundred  and  twenty  pounds, 
out  of  the  Colony  treasury. 

This  Assembly  grants  to  the  Secretary  the  sum  of  twenty 
pounds  out  of  the  Colony  Treasury,  for  his  salary  the  year 
1739. 

This  Assembly  grants  to  Mr.  Green,  the  printer,  the  sum  of 
thirty-five  pounds  out  of  the  Colony  treasury,  for  his  half 
years  salary. 

This  Assembly  grants  to  Capt.  John  Whiting,  Treasurer  of 
this  Colony,  the  sum  of  two  hundred  and  ninety  pounds  out 
of  the  Colony  treasury,  for  his  past  services,  in  addition  to 
what  liath  been  already  granted  for  that  purpose. 

This  Assembly  do  appoint  Lt.  Col.  Samuel  Hill  to  be  Col- 
onel of  the  Seventh  Eegiment  in  this  Colony,  and  order  that 
he  be  commissioned  accordingly. 

[28]  This  Assembly  do  appoint  Capt.  Samuel  Willard  to  be 
Lieutenant  Colonel  of  the  Seventh  Regiment  in  this  Colony, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  desire  his  Honour  the  Governour  and 
Council,  by  some  proper  way,  to  enquire  into  what  special 
service  Mr.  John  Read  and  Mr.  Thomas  Hancox,  both  of 
Boston,  have  done  for  this  government,  and  to  draw  an  order 
to  the  Treasurer  for  a  reasonable  sum  for  the  said  service  and 
to  send  the  money  to  said  gentlemen. 


318  PUBLIC     RECORDS  [May, 

An  A.et  for  Reviving  and  further  Continuing  an  Act 
entituled  An  Act  for  the  Encouragement  of  raising 
Hemp,  making  Canvass  or  Duck,  and  also  for  mak- 
ing fine  Linen. 

Whereas  the  said  act  was  made  in  May,  1734,  with  this 
proviso^  that  it  should  continue  in  force  only  for  five  years, 
and  this  Assembly  considering  the  profit  and  advantage  that 
hath  accrued  to  his  Majesties  people  in  this  government  by 
encouraging  the  raising  of  hemp,  making  canvass  and  fine 
linen,  &c.,  and  the  benefit  that  may  accrue  from  the  further 
encouragement  thereof,  according  to  said  act : 

Be  it  enacted  hy  the  G-overnour^  Council  and  Mepresentatives, 
in  General  Court  assembled,  and  hy  the  tiutliority  of  the  same, 
That  the  said  act,  and  every  part  and  paragraph  thereof,  shall 
be  in  force,  to  all  intents  and  purposes,  for  the  space  of  five 
years  next  coming  from  the  rising  of  this  Assembly,  and  no 
longer. 

An  Act  for  Emitting  Bills  of  Credit. 

Whereas  there  is  in  the.  hands  of  Capt.  John  Whiting, 
Treasurer  of  this  Colony,  the  sum  of  two  hundred  and  two 
pounds  thirteen  shillings  and  six  pence  in  good  bills  fit  for 
further  service,  which  were  brought  in  by  the  rate  granted 
October,  1738,  and  are  lodged  in  the  treasury  for  the  further 
dispose  of  this  Assembly: 

It  is  enacted  hy  the  Governour,  Council  and  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  the  said  Treasurer  shall  be,  and  he  is  hereby,  authorized 
and  impowered  to  issue  out  and  deliver  the  aforesaid  sum  of 
two  hundred  and  two  pounds  thirteen  shillings  and  six  pence, 
towards  the  payment  of  the  debts  and  the  necessary  charges 
of  this  Colony,  according  to  such  orders  as  shall  be  given  him 
from  time  to  time  according  to  law. 

An  Act  for  Making  and  Emitting  Bills  of  Publick 
Credit. 

Forasmuch  as  the  expences  of  this  government  are  likely 
to  be  very  great  and  heavy,  by  reason  of  the  intended  expe- 
dition directed  by  his  Majesty  against  the  Spanish  West  Indies, 
and  the  necessary  preparations  for  a  proper  defence  of  our 
borders,  sea-coasts  and  navigation ;  and  also  by  reason  of  a 
great  scarcity  of  a  medium  of  exchange,  the  same  bearing  a 
very  small  proportion  to  the  extent  of  the  demand  therefor  in 
order  to  the  carrying  on  the  business  and  affairs  in  this  Col- 
ony :  Therefore, 

[29]  Be  it  enacted  hy  the  Governour,  Council  and  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  authority 
of  the  same.  That  there  be  forthwitli  struck,  imprinted  and 
stamped,  a  certain  number  of  bills  of  credit  on  this  Colony, 


1740.]  OF      CONNECTICUT.  319 

ill  suitable  sums  from  one  shilling  to  three  pounds,  which  in 
the  whole  shall  amount  to  the  sum  of  thirty  thousand  pounds, 
and  no  more  ;  which  bills  shall  be  stamped  with  such  stamps 
as  the  Governour  and  Council  shall  direct,  and  signed  by  a 
committee  of  this  Assembly.  And  the  Honourable  Joseph 
Talcott,  Esq'-,  Nathaniel  Stanly,  Esq^,  William  Pitkin,  Esq% 
and  George  Wyllys,  or  any  three  of  them,  are  appointed  and 
impowered  to  sign  the  same.  Which  bills  shall  be  of  the 
following  tenor,  {viz:') 

No.  (  )  This  Bill  by  a  Law  of  the  Colony  of  Connecticut 
shall  pass  current  within  the  same  for  Twenty  Shillings  in 
Value  equal  to  Silver  at  Eight  Shillings  per  Ounce,  Troy 
weight.  Sterling  Alloy,  in  all  Payments,  and  in  the 
Treasury.     Hartford,  May  8th,  1740. 

A  J 

B  >  Committee, 

c) 

And  so,  mutatis  muta7idis^  for  greater  or  lesser  sums.  And 
the  said  committee  are  hereby  impowered  and  directed,  to 
take  care,  with  all  convenient  speed,  to  cause  the  said  bills  to 
be  prepared,  and  to  sign  the  same,  and  then  deliver  them 
into  the  hands  of  the  Treasurer  of  this  Colony,  taking  his 
receipt  for  the  same.  And  the  said  committee  shall  be  under 
a  proper  oath  for  the  faithful  performance  of  the  said  trust  in 
them  hereby  reposed. 

And  it  is  further  enacted  by  the  authority  aforesaid^  That 
the  Treasurer  of  this  Colony  shall  issue  forth  and  pay  out  of 
the  publick  treasury  eight  thousand  pounds  of  the  said  bills, 
for  and  towards  the  payment  of  the  publick  debts  of  this  Col- 
ony and  other  necessary  charge  and  expence  tiiereof,  accord- 
ing to  such  orders  as  shall  be  given  him  from  time  to  time, 
according  to  law.  And  the  said  bills  shall  be  paid  and  pass 
out  of  the  publick  treasury  at  the  value  therein  expressed 
equivalent  to  silver  at  eight  shillings  per  ounce  troy  weight, 
as  aforesaid,  and  shall  be  taken  and  accepted  in  all  publick 
payments  into  the  treasury  at  the  advance  of  one  shilling  on 
the  pound  more. 

And  that,  in  order  to  enable  this  government  for  repay- 
ment and  drawing  in  said  eight  thousand  pounds  again,  this 
Assembly  hereby  grants  a  rate  or  tax  of  eight  thousand  four 
hundred  pounds,  as  silver  money  at  eight  shillings  per  ounce 
as  aforesaid,  to  be  levyed  and  collected  on  polls  and  all  otiier 
rateable  estate  within  this  Colony,  within  the  term  of  five 
years  next  after  the  date  of  this  act ;  the  whole  sum  to  be 
levyed  and  collected  annually  in  five  equal  paymeiits;  and 
the  Treasurer   is  hereby  ordered  and  directed  to  send  forth 


320  PUBLIC     RECORDS  [May, 

his  warrants,  according  to  law,  for  tlie  collecting  the  said 
several  payments,  at  or  before  the  first  day  of  May  annually. 
And  liberty  is  hereby  given  and  granted  to  any  person,  to  pay 
his  rate  or  tax  in  the  bills  of  credit  by  this  act  emitted,  in 
good  silver  at  eiglit  shillings  per  ounce  troy  weight  sterling 
alloy  as  aforesaid,  in  gold  equivalent  thereto,  or  in  bills  of 
credit  on  this  Colony  of  other  emissions,  according  to  their 
value  at  the  time  of  payment  compared  with  silver  at  the 
rate  aforesaid. 

And  be  it  further  enacted  ly  tlie  authority  aforesaid^  That 
the  remainder  of  the  said  thirty  thousand  pounds,  being  twenty- 
[30]  two  thousand  ||  pounds  of  the  said  bills,  shall  be 
loaned  out  to  particular  persons,  freeholders  and  inhabitants 
in  this  Colony,  on  the  terms  and  under  the  regulations  in 
this  act  provided. 

Be  it  therefore  further  enacted  by  the  authority  aforesaid^ 
That  the  said  twenty-two  thousand  pounds  shall  be  loaned  in 
each  of  the  five  counties,  in  some  near  proportion  to  such 
counties  general  list,  and  in  some  near  proportion  to  each 
town  according  to  their  general  list,  if  persons  appear  to  take 
the  same;  and  if  not,  then  in  any  other  county.  And  for 
that  end  there  shall  be  a  committee  appointed  in  each  county, 
who  shall  have  the  management  of  the  said  affair  of  loaning 
the  said  bills  and  taking  security  of  the  borrowers  therefor; 
none  of  which  shall  borrow  more  than  one  hundred  nor  less 
than  twenty-five  pounds  of  said  bills;  which  security  shall  be 
either  double  land  security,  to  which  the  borrower  shall  have 
a  clear  title,  and  of  which  the  said  committee  shall  be  well 
certified,  or  bonds  for  silver  money  as  aforesaid  double  the 
sum  borrowed,  with  two  sufficient  sureties ;  the  said  land 
redeemable  and  said  bonds  conditioned  and  avoydablc  by  pay- 
ment of  the  same  sum  borrowed,  either  in  the  bills  by  this 
act  emitted,  or  silver  at  the  rate  aforesaid,  or  gold  equivalent, 
or  in  any  bills  of  credit  of  this  or  the  neighbouring  Colonies 
passing  current  in  this  Colony,  according  to  their  •current 
value  in  silver  at  the  rate  aforesaid  at  the  time  of  payment; 
or  in  good  water-rotted  hemp  and  well-wrought  canvass  or 
duck,  raised  and  manufactured  according  to  the  directions  of 
the  law,  entituled  An  Act  for  the  encouragement  of  raising 
hemp,  making  canvass  or  duck,  and  also  for  making  fine 
linen,  at  the  current  market  price  at  the  time  of  payment  in 
silver  as  aforesaid,  to  be  delivered  at  such  place  as  shall  by 
this  Assembly  be  appointed ;  the  one  half  in  four  years  next . 
after  the  date  thereof,  and  the  other  half  in  eight  years  after 
the  said  date.  And  where  bonds  are  taken  there  shall  be  two, 
(viz.')  one  for  each  half.     All  the  securities  to  be  taken  in  the 


1740.]  OF       CONNECTICUT.  321 

name  of  the  Governour  and  Company  of  this  Colony ;  the 
deeds  thus  taken  to  be  recorded  in  the  town  where  the  land 
lyes,  before  accepted  by  said  committee  ;  and  the  loan  or 
interest  that  such  borrowers  shall  annually  pay  for  the  said 
bills  shall  be  three  pounds  per  centum  in  silver  at  the  rate 
aforesaid,  or  gold  equivalent ;  and  they  shall  give  bonds 
accordingly  for  the  several  annual  payments  of  the  same. 
All  which  deeds  and  bonds  being  given  shall  be  lodged  with  the 
Secretary  of  this  Colony  by  said  committee,  and  then  the  said 
committee  shall  give  an  order  to  the  Treasurer  for  so  much 
of  the  said  bills  to  be  delivered  to  such  person  as  he  hath 
given  security  for,  in  the  form  aforesaid ;  which  shall  be  a 
sufficient  order  for  him  to  deliver  and  pay  out  the  same  sum 
therein  mentioned. 

A7id  he  it  further  enacted  hy  the  authority  aforesaid^  That 
the  said  bills  by  this  act  emitted,  shall  pass  current  in  this 
Colony  in  all  payments  and  in  the  treasury,  equal  to  the  value 
therein  expressed,  (excepting  for  the  discharge  of  former  con- 
tracts by  specialty  for  silver  only,  and  the  bonds  to  be  given 
[31]  to  this  Colony  for  the  interest  of  this  emission,  and  ||  for 
payment  of  duties  and  impost  that  shall  be  ordered  by  this 
Assembly  to  be  paid  in  silver  or  gold  only;)  and  shall  accord- 
ingly be  accepted  and  received  in  the  same  proportion  to  other 
bills  of  credit  passing  in  this  Colony,  as  the  said  other  bills 
bear  to  silver  at  the  rate  aforesaid  at  the  respective  times  of 
payment. 

This  Assembly  do  appoint  Nathaniel  Stanly, .Esq"",  and  Capt. 
John  Marsh,  for  the  county  of  Hartford  ;  Joseph  Whiting, 
Esq"",  Mr.  John  Prout,  for  the  county  of  New  Haven ;  Mr. 
Jeremiah  Miller,  Mr.  Thomas  Forsdick,  for  the  county  of 
New  London ;  Major  Andrew  Burr,  Mr.  Thaddeus  Burr,  for 
the  county  of  Fairfield ;  Timothy  Pierce,  Esq"",  Mr.  John 
Crery,  for  the  county  of  Windham,  to  be  the  committees  of 
this  Assembly  in  the  said  respective  counties,  to  have  the 
management  of  the  affair  of  loaning  out  tlie  bills  of  credit  of 
the  thirty  thousand  pounds  ordered  by  this  Assembly  to  be 
made  and  emitted,  and  taking  security  therefor,  &c.,  accord- 
ing to  the  act  of  Assembly  now  passed,  respecting  the  making 
and  emitting  of  thirty  thousand  pounds  in  bills  of  credit  on 
this  Colony. 

Whereas  the  business  of  this  Assembly  has  drawn  out  their 
present  sessions  to  such  a  length  that  all  the  members  thereof 
cannot,  without  great  inconvenience,  stay  to  hear  the  records 
of  the  acts  of  this  Assembly  read  off  and  compleated : 

This  Assembly  do  appoint  Roger  Wolcott,  Nathaniel  Stanly, 
41 


322  PUBLIC      RECORDS  [Julj, 

Ozias  Pitkin,  William  Pitkin,  Esqrs,  Capt.  John  Marsh,  Mr. 
Joseph  Buckingham,  Mr.  Elisha  Williams,  Colo.  John  Ciiester, 
Capt.  Henry  Allyu,Mr.  Roger  Newberry,  Colo.  Thomas  Wells, 
Mr.  Jonathan  Hale,  a  committee,  in  the  name  of  this  Assem- 
bly, to  attend  his  Honour  the  Governour  to  liear  the  records 
of  the  acts  of  this  Assembly  read  off,  and  see  them  perfected 
and  then  signed  by  the  Secretary  as  compleat. 

The  several  Acts,  Grants  and  Orders  of  this  Assembly,  as 
they  stand  entered  in  the  pages  of  tliis  book  next  preceding, 
were  read  off  in  the  presence  of  his  Honour  the  Governour 
and  the  committee  abovenamed,  and  by  them  ordered  to  be 
signed  by  the  Secretary  as  compleat. 

George  Wyllys,  Secretly. 


[32]   A7ino   Regni  Megis   Georgii  secimdi  Magnce   Britannice 
^e.  decimo-quarto. 
Connecticut 
Colony. 

At  k  General  Assembly  holden  at  Hartford,  in  his  Majes- 
ties English  Colony  of  Connecticut  in  New  England  in 
America,  (by  special  order  of  his  honour  the  Govern- 
our,) ON  Tuesday  the  8th  day  of  July,  and  continued 

BY    several  adjournments  UNTIL  THE  ELEVENTH  DAY  OF  THE 

SAME  MONTH,  ANNOQUE  DOMINI   1740.* 
Present : 

The  Honourable  Joseph  Talcott,  Esq^,  Governour. 

The  Hoii^^'e  Jonathan  Law,  Esq^,  Deputy  Governour. 
Roger  Wolcott,  Samuel  Lynde,  ^ 

James  WadswortU,       William  Pitkin,  j 

Nathaniel  Stanly,  Thomas  Fitch,  I  Esq^-^, 

Joseph  Whiting,  Ebenezer  Silliman,        f     Assistants. 

Ozias  Pitkin,  Jonathan  Trumble,        ! 

Timothy  Pierce,  Hezekiah  Huntington,  J 

Representatives  or  Deputies  that  attended  at  this  Assemhly  are 

as  follou',  (viz :) 
Capt.  John  Marsh,  Mr.  Jos.  Buckingham,  for  Hartford. 
Capt.  Nath'  Saltonstall,  Mr.  Thomas  Forsdick  for  New  London. 
Major  Andrew  Burr,  for  Fairfield. 

Colo.  John  Chester,  Mr.  Elisha  Williams,  for  Weathersfield. 
Mr.  Jonathan  Lane,  Mr.  Elnathan  Stephens,  for  Killingsworth. 
Colo.  William  Preston,  Capt.  Andrew  Hinman,  for  Woodbury. 
Mr.  Caleb  Leet,  Mr.  Pelatiah  Leet,  for  Guilford. 

*The  Journal  of  neither  House  is  found. 


1740.]  OF      CONNECTICUT.  323 

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

Capt.  Theophilus  Nickels,  Mr.  David  Sherman,  for  Stratford. 

Capt.  Leicester  Grosveiiour,  for  Pomfrett. 

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

Colo.  Thomas  Welles,  Mr.  Jonath"  Hale,  for  Grlassenlmry. 

Capt.  Isaac  Dickerman,  Mr.  John  Hitchcock,  for  New  Haven. 

Colo.  Jabez  Huntington,v  Mr.  Benjamin   Bedlake,  for  Wind- 
ham. 

Mr.  Joshua  Huntington,  for  Norwich. 

Major  James  Lockwood,  Mr.  Samuel  Cluckstone,  for  Norwalk. 

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

Mr.  Humphrey  Avery,  Mr.  Dudley  Woodbridge,  for  Groton. 

Capt.  John  Perry,  Mr.  James  Bicknal,  for  Ashford. 

Capt.  James  Beebe,  Mr.  Thomas  Benedict,  for  Danbury. 

Mr.  Peter  Buel,  Mr.  Nathi  Woodward,  for  Coventry. 

Mr.  Joseph  Palmer,  for  Stoningtown. 

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

Mr.  Joseph  Leavinz,  Mr.  John  D wight,  for  Killingly, 

[33]   Colo.  Samuel  Willard,  Mr.  Jedadiah  Chapman,  for  Say- 
brook. 

Mr.  William  Witter,  Mr.  Joseph  Billings,  for  Preston. 

Mr.  John  Southmaid,  for  Waterbury. 

Mr.  Abel  Gun,  Capt.  Samuel  Bassett,  for  Derby. 

Mr.  Thomas  Stephens,  Mr.  Thomas  Pierce,  for  Plainfield. 

Major  John  Bostwick,  Mr.  Paul  Welch,  for  New  Milford. 

Colo.  Jonathan  Hoit,  for  Standford. 

Colo.  Benja.  Hall,  Capt.  Samuel  Hall,  for  Wallingford. 

Mr.  Bbenezer  West,  for  Lebanon. 

Mr.  James  Benedict,  Mr.  Samuel  Smith,  for  Ridgfteld. 

Capt.  John  Russell,  Capt.  William  Gold,  for  Brandford. 

Mr.  Anthony  Judd.  Mr.  John  Hart,  for  Farmingtowii. 

Capt.  Elihu  Chauncey,  Mr.  Robert  Fairchild,  for  Durham. 

Mr.  Hezekiah  Brainard,  for  Haddam. 

Mr.  James  Case,  Mr.  Joseph  Wilcox,  for  Symsbury. 

Colo.  John  Dyer,  Mr.  Solomon  Pain,  for  Pomfrett. 

Capt.  Henry  AUyn,  Mr.  Roger  Newberry,  for  Windsor. 

Capt.  Joseph  Phelps,  for  Hebron. 

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

Mr.  Isaac  Spencer,  for  East  Haddam. 

Capt.  Nathaniel  Peck,  Mr.  Jabez  Mead,  for  Greenwich. 

Mr.  Ebenezer  Marsh,  for  Litchfield. 

Mr.  Elisha  Williams,  Speaker,       )  of  the  House  of  Repre- 
Mr.  Andrew  Burr,  Clerk,  (  sentatives. 


324  PUBLIC    RECORDS  [July, 

An  Act  providing  for  the  Support  and  Transportation 
of  the  Troops  to  be  raised  in  this  Colony  for  the  in- 
tended Expedition  against  tiie  Spanish  West  Indies, 
till  their  arrival  at  the  General  Rendezvous. 
Whereas  his  Majesty  has  thought  fit  to  declare  war  against 
Spain,  and  hath  appointed  an  expedition  against  the  territo- 
ries of  the  Catholick  King  in  the  West  Indies,  and  given  his 
orders  and  instructions  nnder  his  royal  sign-mannal,  now  laid 
before  this  Assembly  by  his  Honour  the  Governour,  for  the 
raising  such  troops  in  this  Colony  as  shall  voluntarily  iulist 
in  the  said  service,  to  joyn  the  British  troops  at  a  general 
rendezvous,  appointed  to  be  in  the  West  Indies  :  And  whereas 
it  appears  by  said  instructions,  that  it  is  his  Majesties  expec- 
tation that  this  Assembly  will  provide  victuals,  transports  and 
all  other  necessaries  for  the  said  troops  to  be  raised  in  this 
Colony,  except  their  cloaths,  tents,  arms,  ammunition  and 
pay,  till  their  arrival  at  the  place  of  the  said  general  rendez- 
[34]  vous:  II  Which  important  affair  this  Assembly  being 
most  willing  to  exert  themselves  to  promote  by  a  chearfuU 
conformity  to  his  Majesties  said  instructions:   Therefore, 

Be  it  enacted  hy  the  Governour^  Coinieil  and  Representatives, 
in  General  Court  assembled,  and  hy  tlie  authority  of  the  same, 
That  there  shall  be  provided,  upon  the  proper  cost  and  charge 
of  this  government,  victuals,  transports,  and  all  other  neces- 
saries for  said  troops  except  their  cloaths,  tents,  arms,  ammu- 
nition and  pay,  till  their  arrival  at  the  said  general  rendez- 
vous. And,  that  such  necessary  provision  may  be  speedily 
made,  Hezekiah  Huntington,  Esq^,  Major  Andrew  Burr  and 
Major  Jabez  Hamlin,  are  hereby  nominated  and  respectively 
appointed  Commissaries  of  the  said  affair,  who  are  hereby  au- 
thorized and  fully  impowered  to  do  the  service  aforesaid, 
always  taking  and  acting  conformable  to  such  orders  and  in- 
structions as  shall  or  may  be  given  them,  and  either  of  them, 
at  any  time,  respecting  the  sorts  and  quantity  of  victuals  and 
other  necessaries,  number  or  quantity  of  transports,  time  when 
and  place  where  the  same  shall  be  prepared,  the  contracts 
made  with  and  orders  given  masters,  owners  and  pilots  of 
such  transports;  and  each  of  said  commissaries'  part  of  said 
general  service,  and  such  other  things  as  may  be  necessary  for 
the  efiecting  the  said  services ;  by  the  Governour  and  Com- 
mittee oi  War  appointed  by  this  Assembly  at  their  sessions  in 
May  last,  to  whom  the  said  commissaries  are  to  apply  for  the 
same.  And  the  Governour  and  committee  aforesaid  are 
directed  and  impowered  to  draw  such  sum  or  sums  of  money 
out  of  the  publick  treasury,  as  shall  be  necessary  for  the 
service  aforesaid,  and  deliver  the  same,  as  occasion  requires, 
to  the  said   commissaries  respectively,  taking   their  receipts 


1740.]  OF      CONNECTICUT.  325 

therefor,  who  shall  be  accountable  therefor  to  this  Court,  and 
the  same  render  under  oath,  if  required. 

And  it  is  further  enacted  hy  the  authority  aforesaid,  That  if 
by  reasonable  contracts  and  bargains  the  said  preparations 
cannot  be  made, his  Honour  the  Governour,  Deputy  Governour, 
and  the  Assistants  of  this  Colony,  to  any  one  of  whom  the 
said  commissaries  are  to  apply,  are  authorized  and  directed 
to  grant  proper  warrants  to  impress  and  take  by  force  victuals, 
transports,  and  other  necessaries  that  cannot  otherwise  rea- 
sonably be  obtained  for  the  service  aforesaid. 

Whereas,  in  pursuance  of  his  Majesties  former  instructions 
to  the  Governour  and  Company  of  this  Colony,  his  Honour 
the  Governour  issued  fortli  a  Proclamation,  encouraging  the 
enlisting  of  souldiers  to  go  in  the  intended  expedition  against 
the  Spanish  West  Indies,  agreeable  to  which  many  persons 
have  entered  their  names  with  the  several  captains  to  whose 
companies  they  belong,  wliose  names  have  been  returned  to 
his  Honour:  And  whereas  his  Majesties  pleasure  is  now 
more  particularly  known  by  his  Instructions,  under  his  royal 
sign-manual,  late  arrived  and  now  laid  before  this  Assembly 
by  his  Honour  :    Therefore, 

Be  it  enacted  hy  the  Cfovernour,  Council  and  Representatives, 
in  Creneral  Court  assembled,  and  hy  the  authority  of  the  same, 
[85]  That  another  Proclamation  be  forthwith  issued  accord- 
ing to  his  Majesties  instructions,  the  better  and  more  particu- 
larly to  make  known  his  Majesties  pleasure  in  the  said  affair, 
and  the  gracious  encouragement  he  is  pleased  to  give  to  such 
able-bodied  effective  men  as  shall  inlist  in  the  said  service  ; 
and  his  Honour  the  Governour  is  hereby  desired  and  advised 
to  issue  forth  a  proclamation  accordingly. 

And  it  is  further  enacted  hy  the  authority  aforesaid,  That 
some  proper  person  in  each  of  the  counties  in  this  government 
shall  be  appointed  to  take  and  enroll  the  names  of  such  per- 
sons that  have  formerly  entered  their  names  as  aforesaid,  that 
he  shall  judge  to  be  able-bodied  effective  men,  and  free  to  act 
and  dispose  of  themselves  and  their  service,  and  to  beat  up 
for  other  such  like  volunteers,  if  a  sufficient  number  shall  not 
appear  out  of  those  whose  names  are  already  entered  as  afore- 
said. And  tlie  persons  appointed  for  the  said  service  in  the 
several  counties  are  as  follow  :  For  the  county  of  Hartford, 
Major  William  Pitkin;  for  the  county  of  New  Haven,  Capt. 
John  Munson  ;  for  the  county  of  New  London,  Colonel  Gur- 
don  Saltonstall ;  for  the  county  of  Fairfield,  Major  Andrew 
Burr ;  for  the  county  of  Windham,  Colonel  Jabez  Hunting- 
ton. 

And,  to  the  intent  that  all   persons   purposing  to  enlist  in 


326  PUBLIC      RECORDS  [Julj, 

the  said  service  may  have  their  election  of  the  captains  in 
whose  companies  they  would  inlist,  his  Honour  the  Governour 
is  desired  to  publish,  in  some  proper  manner,  the  names  of 
the  captains  and  other  commission  officers  he  shall  be  advised 
to  and  accordingly  intends  to  appoint  for  the  said  service. 
And  his  Honour  the  Governour,  with  the  advice  and  recom- 
mendation of  the  Council,  is  desired  and  fully  impowered  to 
nominate  and  appoint  such  a  number  of  captains  and  other 
officers  as  may  he  necessary  for  the  troops  raised  in  this 
Colony  for  the  service  aforesaid,  according  to  his  Majesties 
said  instructions. 

And  it  is  further  enacted  hy  the  autliority  aforesaid.  That  all 
other  matters  and  things  contained  in  his  Majesties  said  in- 
structions, not  particularly  provided  for  by  this  Assembly,  be 
referred  to  his  Honour  the  Governour  and  Committee  of  War 
appointed  by  this  Assembly  in  May  last ;  and  they  are  hereby 
impowered  to  take  all  necessary  care,  and  give  such  necessary 
orders  from  time  to  time,  as  occasion  requires,  to  get  in  readi- 
ness and  proper  order  the  levies  in  this  Colony,  pay  the  bounty 
money  formerly  promised,  and  do  all  other  things  for  the 
forming  said  troops  and  promoting  and  expediting  the  said 
affair,  according  to  his  Majesties  instructions  aforesaid. 

Whereas  this  Assembly  in  its  session  in  May  last  resolved 
that  a  sloop  or  other  vessel  of  force  should  be  provided  and 
fitted  out  at  the  cost  and  charge  of  this  government,  and  the 
[36]  same  was  ordered  to  be  done  by  the  Council  ||  of  War, 
in  case  of  greater  necessity ;  and  having  intimations  that  sun- 
dry vessels  inward  bound  and  belonging  to  this  government 
have  lately  been  chased  on  this  coast  by  vessels  which  are 
supposed  to  have  been  enemies  and  designed  to  take  and  make 
prizes  of  them,  whereby  our  seafaring  brethren  and  business 
are  exposed  and  discouraged,  and  the  people  on  the  sea-coasts 
in  fears  of  suffering  loss  of  their  estates,  if  not  of  their  lives, 
every  hour: 

It  is  now  resolved,  That,  under  the  present  situation  of  af- 
fairs, its  necessary  that  a  sloop  or  vessel  of  about  seventy, 
eighty,  or  one  hundi*ed  tons,  be  forthwith  pi'ovided  and  fitted 
out ;  and  would  hereby  signify  to  the  said  Council  of  War,  that 
it  is  the  mind  of  this  Assembly  that  no  delay  be  suffered  in 
that  affair. 

This  Assembly  do  desire  his  Honour  the  Governour  to  send 
some  meet  person  to  Colonel  Blakeney,  to  congratulate  his 
arrival  to  America,  in  the  name  of  this  Assembly,  and  inform 
him  what  preparations  we  have  made  fqr  the  forwarding  the 
intended  expedition,  to  put  him  in  mind  that  the  commissions 
are  not  yet  come  to  hand,  the  want  of  which  may  occasion  a 


1740.]  OP      CONNECTICUT.  327 

delay  of  his  Majesties  troops  to  be  raised  in  this  Colony,  and 
to  desire  him  to  inform  us  ^hen  it  is  probal)le  tlie  troops  may 
imbark  and  be  in  their  passage  to  the  general  rendezvous  in 
the  West  Indies;  with  a  proper  letter  to  Colonel  Gooch. 
An  Act  for*  Eniitting  Bills  of  Credit  for  Paying  the 
publiek  Debts  of  this  Colony  and  for  exchanging 
old  and  torn  Bills  that  are  not  fit  for  passing. 

Be  it  enacted  hy  the  Governour,  Council  and  Representatives, 
in  GrejieraJ  Court  assembled',  and  hy  the  authority  of  the  same, 
That  there  be  forthwith  imprinted  a  certain  number  of  bills  of 
credit  on  this  Colony,  which  in  the  whole  shall  amount  to  the 
sum  of  fifteen  thousand  pounds,  and  no  more  ;  which  bills 
shall  be  printed  and  stamped  in  the  same  manner  and  form, 
and  of  the  same  tenor  and  date,  and  signed  by  the  same  com- 
mittee under  oath,  as  the  four  thousand  pounds  in  bills  of 
credit  were,  emitted  by  act  of  this  Assembly  held  at  Hartford 
in  May  last.  And  the  said  committee  are  hereby  impowered 
to  take  care,  as  soon  as  may  be,  to  imprint  the  said  bills  to 
the  value  of  fifteen  thousand  pounds,  as  aforesaid,  and  to  sign 
and  deliver  the  same  to  the  Treasurer  of  this  Colony,  taking 
his  receipt  for  the  same. 

And  he  it  further  enacted  hy  the  authority  aforesaid.  That 
there  shall  be  lodged  in  the  hands  of  the  said  Treasurer  the 
sum  of  five  thousand  pounds  of  said  bills,  to  exchange  for  all 
true  bills  struck  on  any  plates  made  before  the  year  1733,  and 
such  torn  bills  as  are  not  fit  for  further  service ;  and  the  re- 
maining ten  thousand  pounds  shall  be  by  the  Treasurer  issued 
forth  and  emitted  towards  payment  of  the  publiek  debts  of  the 
Colony,  according  to  such  orders  as  shall  from  time  to  time 
be  given  him  according  to  law.  And  the  said  bills  shall  pass 
out  of  the  treasury  at  the  value  expressed  in  the  same,  equiv- 
alent to  money,  and  shall  be  taken  and  accepted  in  all  pub- 
lick  payments  at  the  advance  of  twelve  pence  on  the  pound 
more. 

[37]  And  he  it  further  enacted  hy  the  authority  aforesaid. 
That,  as  a  fund  and  security  for  the  repayment  and  drawing 
in  the  said  ten  thousand  pounds  of  said  bills  to  the  treasury 
again,  this  Assembly  grants  a  tax  or  rate  of  ten  thousand  five 
hundred  pounds,  to  be  levyed  on  polls  and  all  the  rateable 
estate  within  this  Colony,  and  to  be  paid  into  the  treasury  at 
or  before  the  last  day  of  August,  1750  ;  which  said  rate  shall 
be  paid  in  the  bills  of  credit  of  this  Colony,  or  in  money  as  it 
passe th  generally  current  in  the  country  at  the  time  of  pay- 
ment, and  in  no  other  manner. 

This  Assembly  do  establish  and  confirm  Mr.  Elizur  Good- 
rich to  be  Captain  of  the  second  company  or  trainband  in  the 


328  PUBLIC      RECORDS  [J^^lj, 

town  of  Weathersfield,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Good- 
rich to  be  Lieutenant  of  the  second  company  or  trainband  in 
the  town  of  Weathersfield,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas  Beck- 
with  to  be  Ensign  of  the  second  company  or  trainband  in  the 
town  of  Lyme,  and  order  that  he  be  commissioned  accord- 
ingly. 

Upon  the  memorial  of  Ozias  Pitkin,  and  William  Pitkin, 
Esq''%  in  behalf  of  the  society  on  the  east  side  of  the  great 
river  in  Hartford,  praying  liberty  of  this  Assembly  to  set  up 
their  new  meeting  house,  now  building,  forward  or  eastward 
of  their  old  meeting  house  :  Resolved  by  this  Assembly,  that 
the  said  society  have  liberty,  and  liberty  is  hereby  granted 
them,  to  erect  and  set  up  their  new  meeting  house,  now  in 
building,  on  the  fore  side  of  their  old  meeting  house  ;  the 
north-west  corner  of  said  new  house  not  to  be  more  than  three 
feet  from  the  front  of  the  present  meeting  house ;  which  place 
is  hereby  appointed  to  be  the  place  for  the  said  society  to  set 
their  new  meeting  [house]  on  ;  any  act  of  this  Assembly  to 
the  contrary  notwithstanding. 

Whereas  this  Assembly  hath  been  drawn  out  to  such  a 
length  that  all  the  members  thereof  cannot,  without  great 
diflficulty,  stay  to  hear  the  records  read  off":  This  Assembly 
do  appoint  Nathaniel  Stanly,  Ozias  Pitkin,  William  Pitkin, 
Esqrs,  Capt.  John  j\Iarsh  and  Mr.  Joseph  Buckingham,  a  com- 
mittee to  attend  his  Honour  the  Governour,  to  hear  the  acts 
and  orders  of  this  Assembly  read  off",  and  then  see  them 
signed  by  the  Secretary  as  compleat. 

The  several  Acts  of  this  Assemiily,  as  they  stand  entered  in 
the  pages  of  this  book  next  preceding,  were  read  in  the  pres- 
ence of  his  Honour  the  Governour  and  the  committee  above- 
named,  and.  by  them  ordered  to  be  signed  by  the  Secretary  as 
pleat. 

George  Wyllys,  Secretary. 


1740.]  OF       CONNECTICUT.  329 

[38]     Anno  Regni  Regis  (xeorgii  seciindi  decimo-quarto. 
Connecticut 
Colony. 

At  a  General  Assembly  hold  en  at  New  Haven  in  his 
Majesties  English  Colony  op  Connecticut  in  New  Eng- 
land IN  America,  on  the  second  Thursday  of  October, 
(being  the  ninth  day  of  said  month,)  and  continued  by 

SEVERAL    adjournments    UNTIL    THE   31st   DAY    OF    THE    SAME 
MONTH,  ANNO  DoMINI  1740.* 

Present  : 

The  Honourable  Joseph  Talcott,  Esquire,  Governor. 

The  Hon'^ie  Jonathan  Law,  Esq^,  Deputy  Governor. 
Roger  Wolcott,  William  Pitkin,  ^ 

James  Wadsworth,    Thomas  Fitch,  j 

Nathaniel  Stanly,      Ebenezer  Silliman,       y^'s><\^^, Assistants. 
Timothy  Pierce,         Jonathan  Trumble,        | 
Samuel  Lynde,  Hezekiah  Huntington,  J 

Representatives  or  Deputies  who  were  returned   to    attend   at 

this  Assembly  are  as  follow,  (viz:) 
Capt.  John  Marsh,  Mr.  Joseph  Buckingham,  for  Hartford. 
Mr.  Nathan'  Saltonstal,  Mr.  Thomas  Forsdick,  for  New  London. 
Colo,  Jabez  Huntington,  Major  Thomas  Dyer,  for  Windham. 
Mr.  Elisha  Williams,  Colo.  John  Chester,  for  Weathersfield. 
Mr.  Joseph  Strong,  Mr.  Peter  Buel,  for  Coventry. 
Colo.  Thomas  Welles,  Mr.  Jonathan  Hale,  for  Glassenbury. 
Capt.  Henry  Allyn,  Mr.  Roger  Wolcott,  jun'",    for  Windsor. 
Mr.  Samuel  Rose,  Mr.  Jonathan  Butler,  for  Brandford. 
Mr.  Increase  Billings,  Mr.  Joseph  Denison,  for  Stonington. 
Mr.  Dudley  Woodbridge,  Col.  Christopher  Avery,  for  Groton. 
Capt.  "James  Bebee,  Mr.  Thomas  Benedict,  for  Danbury. 
Mr.  John  Humphrey,  Mr.  Jose-ph  Wilcox,  for  Symsbury. 
Capt.  Caleb  Cone,  for  Haddam. 

Capt.  Isaac  Dickerman,  Mr.  John  Hitchcock,  for  New  Haven. 
Major  Andrew  Burr,  Capt.  John  Read,  for  Fairfield. 
Mr.  Joshua  Huntington,  Mr.  Samuel  Backus,  for  Norwich. 
Mr.  John  Mitchel,  Mr.  Richard  Brownson,  for  Woodbury. 
Capt.  William  Wadsworth,  Mr.  Asahel  Strong,  for  Farmington. 
Major  James  Lockwood,  Mr.  Thomas  Benedict,  for  Norwalk. 
Mr.  Josiah  Conant,  Capt.  Thomas  Stores,  for  Mansfield. 
Mr.  Ebenezer  West,  Mr.  Gershom  Clark,  for  Lebanon. 
Capt.  Theophilus  Nickols,  Mr.  Joseph  Blackleach,  for  Strat- 
ford. 


*  The  Journal  of  the  Lower  House  is  not  found. 

42 


330  PUBLIC      RECORDS  [Oct. 

Mr.  Jolin  Griswould,  Mr.  "Richard  Lord,  for  Lyme. 

Colo.  Samuel  Willard,  Mr.  Jedadiah  Chapman,  for  Saybrook. 

Mr.  William  Witter,  Mr.  Joseph  Billings,  for  Preston. 

Mr.  Isaac  Spencer,  for  East  Haddam. 

[39]   Mr.  John  Lane,  Capt.  Isaac  Kelsey,  for  Killingsworth. 

Capt.  Hezekiah  Gaylord,  Capt.  Joseph  Phelps,  for  Hebron. 

Capt.  Elihu  Chaiincey,  Mr.  Nathan  Camp,  for  Durham. 

Major  Roger  Newton,  Capt.  John  Fowler,  for  Milford. 

Mr.  William  Marsh,  Mr.  Thomas  Stephens,  for  Plainfield. 

Mr.  Isaac  Kendal,  Mr.  Peter  Bicknal,  for  Ashford. 

Colo.  Benjamin  Hall,  for  W'allingford. 

Capt.  Noah  Sabin,  Mr.  Jacob  Dana,  for  Pomfrett. 

Colo.  John  Bulkley,  Capt.  Israel  Newton,  for  Colchester. 

Mr.  Boaz  Stearns,  Mr.  John  White,  for  Killingly. 

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

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

Major   John  Bostwick,   Capt.  Theophilus  Baldwin,  for  New 

Milford, 
Mr,  John  Southmaid,  Mr.  Stephen  Hopkins,  for  W-'aterbury. 
Capt.  John  Buel,  Capt.  John  Bird,  for  Litchfield. 
Capt,  George  Phillips,  Major  Jabez  Hamlin,  for  Midletown, 
Colo,  Jonathan  Hoit,  Capt.  Jonathan  Maltby,  for  Standford. 
Mr.  Robert  Dixson,  for  Voluntown, 

[Capt.  John  Fowler,  Clerk  of  the  House  of  Representatives.] 

This  Assembly  do  establish  and  confirm  Robert  Arnold  to 
be  Lieutenant  of  the  first  company  or  trainband  in  the  town 
of  Mansfield,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Theophilus  Hall 
to  be  Ensign  of  the  first  company  or  trainband  in  the  town  of 
Mansfield,  and  order  that  he  be  commissioned  accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel 
Wales,  jun"",  to  be  Lieutenant  of  the  first  c6mpany  or  train- 
band in  the  town  of  Windham,  and  order  that  he  be  commis- 
sioned accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Elnathan  Peet 
to  be  Captain  of  the  Troop  in  the  4th  regiment  in  this  Colony, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Brins- 


1740.]  OP      CONNECTICUT.  331 

mead  to  be  Lieutenant  of  the  Troop  in  the  fourth  regiment  in 
this  Colony,  and  order  that  he  be  commissioned  accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel 
Hally  to  be  Quarter-Master  of  the  Troop  in  the  4th  regiment 
in  this  Colony,  and  order  that  he  be  commissioned  accord- 
ingly. 

[40]  This  Assembly  do  establish  and  confirm  Mr.  Nathan- 
iel Stilman  to  be  Captain  of  the  Troop  in  the  sixth  regiment 
in  this  Colony,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Josiah  Wet- 
more  to  be  Lieutenant  of  the  Troop  in  the  6th  regiment  in 
this  Colony,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Josiah  Gris- 
would  to  be  Cornet  of  the  Troop  in  the  6th  regiment  in  this 
Colony,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Elizur  Talcott 
to  be  Quarter-Master  of  tlie  Troop  in  the  6th  regiment  in  this 
Colony,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jabez  Fitch  to 
be  Captain  of  the  Troop  in  the  11th  regiment  in  this  Colony, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Park- 
hurst  to  be  Lieutenant  of  the  Troop  in  the  11th  regiment  in 
this  Colony,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Abiel  Cheeney 
to  be  Cornet  of  the  Troop  in  the  11th  regiment  in  this  Colony, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Uriah  Hors- 
mer  to  be  Quarter-Master  of  the  Troop  in  the  11th  regiment 
in  this  Colony,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jonathan  Dun- 
ham to  be  Captain  of  the  company  or  trainband'  in  the  town 
of  Sharon,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Hutch- 
inson to  be  Lieutenant  of  the  company  or  trainband  in  the 
town  of  Sharon,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Sprague 


332  PUBLIC      RECORDS  [Oct. 

to  be  Ensign  of  tlie  company  or  trainband  in  the  town  of 
Sharon,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Come- 
stock  to  be  Lieutenant  of  the  od  company  or  trainband  in  the 
town  of  Xew  London,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  James  Smith 
to  be  Lieutenant  of  the  company  or  trainband  in  the  parish  of 
Southington  in  the  town  of  Farmington,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Selden 
to  be  Captain  of  the  8d  company  or  trainband  in  the  town  of 
Lyme,  and  order  that  he  be  commissioned  accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Nathan  Jewett 
to  be  Ensign  of  the  third  company  or  trainband  in  the  town 
of  Lyme,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Josiah  Bartlett 
to  be  Ensign  of  the  company  or  trainband  at  the  parish  of 
Goshen  in  the  town  of  Lebanon,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  James  Fitch 
to  be  Lieutenant  of  the  company  or  trainband  at  the  parish  of 
Goshen  in  the  town  of  Lebanon,  and  order  that  he  be  com- 
missioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Richard  Brun- 
son  to  be  Captain  of  the  first  or  south  company  or  trainband 
in  the  town  of  Woodbury,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel 
Knowles  to  be  Lieutenant  of  the  first  or  south  company  or 
trainband  in  the  town  of  Woodbury,  and  order  that  he  be 
commissioned  accordingly. 

[41]  This  Assembly  do  establish  and  confirm  Mr.  Wait 
Hinman  to  be  Ensign  of  the  first  or  south  company  or  train- 
band in  the  town  of  Woodbury,  and  order  that  he  be  com- 
missioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Benajah  Wil- 
liams to  be  Captain  of  the  company  or  trainband  in  the  town 
of  Goshen,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Petti- 
bone  to  be  Lieutenant  of  the  company  or  trainband  in  the 


1740.]  OF      CONNECTICUT.  333 

town  of  Goshen,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Cluck- 
stone  to  be  Captain  of  the  2d  company  or  trainband  in  the 
town  of  Norwalk,  and  order  that  he  be  commissioned  accord- 
ingly. 

This' Assembly  do  establish  and  confirm  Mr.  John  Raymond 
to  be  Lieutenant  of  the  second  company  or  trainband  in  the 
town  of  Norwalk,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  David  Whit- 
ney to  be  Captain  of  the  company  or  trainband  in  the  town 
of  Canaan,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Richard  Sey- 
mour to  be  Lieutenant  of  the  company  or  trainband  in  the 
town  of  Canaan,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Christopher  Dutcher 
to  be  Ensign  of  the  company  or  trainband  in  the  town  of  Ca- 
naan, and  order  that  he  be  commissioned  accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  John  Palmer, 
jun'",  to  be  Ensign  of  the  1st  company  or  trainband  in  the 
town  of  Windsor,  and  order  that  he  be  commissioned  accord- 
ingly. 

On  the  memorial  of  Capt.  John  Silliman  of  Fairfield, 
shewing  to  this  Assembly  that  he,  the  said  Silliman,  has  for 
sundry  years  last  past  been  collector  of  both  town  and  country 
rate  in  the  town  of  said  Fairfield,  and  that  he  is  now  called 
into  his  Majesties  service,  and  somo  considerable  part  of  said 
rates  remain  still  uncollected  ;  praying  this  Assembly  that 
Daniel  Andrews  of  said  Fairfield  may  by  this  Assembly  be 
appointed  and  impowered  in  his  stead  to  collect  such  part  of 
said  rate  as  remains  uncollected:  Resolved  by  this  Assembly, 
that  the  said  Daniel  Andrews  be  impowered,  in  the  stead  of 


384  PUBLIC      RECORDS  [Oct. 

the  said  Capt.  John  Silliman,  and  he  is  hereby  fully  authorized 
and  impowered,  to  collect  all  that  part  of  said  rates  that 
now  remain  uncollected  of  the  several  persons  from  whom 
the  same  is  due  ;  and  he  is  hereby  vested  with  all  the  powers 
and  authorities  that  collectors  by  law  are  vested  with,  to  col- 
lect the  same. 

Upon  the  memorial  of  the  inhabitants  of  Southington  par- 
ish, in  Farmingtown,  by  their  agent,  Samuel  Root  of  said 
parish,  praying  this  Assembly  that  a  certain  number  of  fami- 
lies living  on  the  west  side  of  said  parish  might  be  annexed 
to  said  parish,  and  that  the  north  line  that  divides  said  par- 
ish from  the  first  society  in  said  Farmingtown  should  extend 
[42]  eastward  to  the  highway  that  runs  ||  north  and  south  on 
the  east  mountain,  and  also  to  extend  westward  to  Waterbury 
line  :  Resolved  by  this  Assembly,  that  the  said  families  be 
annexed  to  said  parish  as  prayed  }or,  and  that  the  abovede- 
scribed  north  line  extend  to  said  highway  eastward,  and  west- 
ward to  said  Waterbury  line,  including  all  the  lands  south  of 
said  line  in  said  parish. 

Whereas  this  Assembly  at  their  session  in  May,  anno  Domi- 
ni, 1733,  did  enact  and  order,  that  the  money  that  should 
be  raised  by  the  sale  of  the  seven  towns  in  the  western  lands 
should  be  sequestered  and  set  apart  for  the  support  of  the 
schools  in  the  several  towns  and  parishes  in  this  colony  :  And 
whereas  tliis  Assembly  in  October,  amio  Dornini  1737,  did  enact 
and  declare  that  if  any  town  or  parish  in  this  Colony  (that  bylaw 
of  said  Colony  are  obliged  to  keep  a  school)  should  by  their  ma- 
jor vote  sequester  their  part  of  the  said  money  for  the  support 
of  the  gospel  ministry,  by  the  laws  of  this  Colony  established, 
that  then  this  Assembly  would  not  take  the  forfeiture  of  such 
money  according  to  the  import  of  the  act  first  mentioned : 
And  forasmuch  as  this  Assembly  are  now  informed  that  the 
said  acts  are  differently  understood,  and  are  like  so  to  be 
practiced  upon  to  the  dissatisfaction  of  many  :  Wherefore, 

This  Assembly  do  repeal  and  make  void  the  said  act  of  this 
Assembly  made  and  passed  in  October,  anno  Donmii  1737, 
and  the  said  act  is  hereby  repealed  and  made  void. 

Upon  the  petition  of  James  Dunlop  of  Stratford,  vs.  Eben- 
ezer  Beach,  administrator  on  the  estate  of  Mary  Smith,  and 
Benjamin  Cogswell  and  Elizabeth  his  wife,  and  Samuel  Jones 
and  Hannah  his  wife,  preferred  to  this  Assembly  in  their  ses- 
sion in  May  last,  and  continued  to  this  time  for  a  return  of 
the  report  of  a  committee  then  appointed  to  enquire  into  the 
matters  in  said  petition  contained  :  Resolved  by  this  Assem- 
bly, that,  inasmuch  as  one  of  the  said  committee  hath  been 


1740.]  OP      CONNECTICUT.  335 

unexpectedly  called  away  on  the  piiblick  service  of  this  Col- 
ony, whereby  they  were  defeated  of  hearing  tiie  parties  and 
enquiring  into  the  premises  at  a  time  by  them  appointed  for 
that  purpose :  on  the  motion  of  the  petitioners,  and  with  the 
consent  of  the  other  parties,  the  said  petition  shall  be  con- 
tinued to  the  session  of  this  Assembly  in  May  next,  and  that 
the  same  committee  formerly  appointed  shall  have  the  same 
power,  and  are  ordered  to  take  the  directions  in  the  act  of 
May  last  respecting  the  premises,  and  to  make  return  in  May 
next. 

Upon  the  petition  of  Charles  Hazelton  of  Killingsworth,  vs. 
William  Fancher  of  Brandford,  on  file  :  The  question  was 
put,  whetlier  the  pleas  offered  in  abatement  of  said  petition 
are  sufficient,  and  resolved  by  this  Assembly  in  the  affirma- 
tive.     Cost  allowed  respondents  is  £2  12s.  Qd. 

The  town  of  Cornwall,  by  their  agent  George  Holloway, 
represented  to  this  Assembly  that,  by  a  vote  of  more  than 
two-thirds  of  said  town,  it  is  thought  convenient  and  neces- 
sary to  build  a  house  in  said  town  for  the  worship  of  God  ; 
and  praying  this  Assembly  that  a  committee  may  be  appointed 
to  repair  to  said  Cornwal  and  ascertain  and  fix  the  place  for 
the  building  thereof :  Granted  by  this  Assembly,  that  Capt. 
Jonathan  Dunham  of  Sharon,  Messrs.  John  Mills  and  Sam- 
uel Lewiss  of  Kent,  be  and  are  hereby  appointed  a  commit- 
tee with  full  power  to  repair  to  said  Cornwall,  notifie  the  in- 
habitants, view  the  situation  and  circumstances,  liear  their 
pleas  and  allegations,  and  according  to  their  best  skill  and 
judgment  ascertain  and  affix  the  place  where  said  town  shall 
set  their  meeting  house  for  divine  worship,  and  make  report 
of  their  doings  to  this  Assembly  in  this,  or  their  sessions  in 
May  next. 

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

This  Assembly  do  establish  and  confirm  Mr.  Ebenezer  Lo- 
throp  to  be  Ensign  of  the  first  company  or  trainband  in  the 
town  of  Norwich,  and  order  that  he  be  commissioned  ac- 
cordingly. 

[43]  Upon  the  petition  of  Anthony  Demill  of  Standford, 
vs.  Joseph  Hayght  of  Greenwich  :  The  question  was  put, 
whether  anything  prayed  for  in  the  same  should  be  granted, 
and  resolved  by  this  Assembly  in  the  negative. 

Upon  the  memorial  of  the  inhabitants  of  Goshen,  praying 
for  a  tax  to  be  raised  on  the  lands  that  are  already  laid  out 


336  PUBLIC      RECOEDS  [Oct, 

and  the  lands  that  are  granted  to  be  laid  out  in  said  Goshen: 
Resolved  by  this  Assembly,  that  all  the  lands  already  laid  out 
in  said  Goshen,  and  those  lands  that  are  granted  to  be  laid 
out,  be  taxed  at  two  pence  per  acre  yearly,  for  the  space  of 
four  years  next  ensuing,  (exclusive  of  the  college  farm,  and 
all  other  publick  lands,  and  the  lands  added  by  sizeing.) 
The  money  raised  by  said  tax  to  be  improved  in  building  a 
meeting  house,  and  for  the  support  of  the  gospel  ministry  in 
said  town.  And  the  said  town  are  hereby  impowered  to 
choose  collectors  from  year  to  year,  to  collect  said  tax  money  ; 
and  the  said  collectors  shall  be  under  the  same  regulations, 
and  have  the  same  power,  as  town  collectors  are  under  and 
have  by  the  laws  of  this  Colony. 

An  Act  for  Taxing  certain  Lands  in  Torrington  in  the 
County  of  Hartford,  thereby  to  enable  the  Inhabit- 
ants both  to  settle  and  support  an  Orthodox  Gospel 
Minister  there;  and  also  to  grant  said  Inhabitants 
Town  Privileges. 

Upon  the  memorial  of  the  inhabitants  of  said  Torrington, 

Be  it  enacted  by  the  Crovernour,  Oouncil  and  Representatives , 
in  Greneral  Court  assembled^  and  by  the  authority  of  the  same. 
That  all  the  lands  taxed  by  this  Assembly  in  October  last 
past,  lying  in  said  town,  shall  be  taxed,  and  the  said  land  is 
hereby  taxed  for  the  space  of  three  years  next  coming  after 
the  rising  of  this  Assembly,  at  three  pence  per  acre  per  year 
during  said  term ;'  which  money  shall  be  collected  by  collectors 
chosen  by  the  inhabitants  of  said  town;  and  every  such  col- 
lector shall  have  the  same  power,  and  be  under  the  same  reg- 
ulations as  other  collectors  chosen  to  collect  town  or  ministers 
rates  in  other  towns  in  this  Colony;  and  the  collectors  that 
may  be  chosen  as  aforesaid  are  accordingly  authorized  and 
fully  impowered,  annually  during  said  term,  to  collect  and 
gather  said  tax. 

And  forasmuch  as  the  abovesaid  tax,  granted  as  abovesaid, 
may  be  likely  to  raise  more  money  than  will  be  needful  to  sup- 
port the  gospel  ministry  in  that  town:  Therefore,  to  the  end 
that  the  proprietors  of  Torrington  be  not  put  to  any  unneces- 
sary charges, 

Be  it  enacted^  That  the  committee  of  said  Torrington,  that 
shall  have  the  care  of  treating  and  agreeing  with  that  gospel 
minister  that  shall  settle  in  said  Torrington,  shall  give  a  true 
account  of  the  yearly  salaries  of  such  minister,  during  the  said 
three  years,  unto  Capt.  Joseph  Bird  of  Litchfield;  and  also 
the  said  committee  or  committees  shall,  in  each  year,  pay  into 
the  hands  of  the  said  Capt.  Joseph  Bird  all  the  overplus  money 
that  shall  be  levyed  by  said  tax  more  than  paying  such  minis- 
ter's yearly  salary ;  and  the  said  Joseph  Bird  shall  take  care 


1740.]  OP      CONNECTICUT.  337 

that  the  money  so  paid  to  him  be  put  to  the  best  improvement 
until  the  said  inhabitants  shall  enter  upon  building  a  meeting- 
house for  publick  worship  in  said  town,  and  then  all  such 
money,  with  the  just  profit  thereof,  shall  be  repaid  to  the  com- 
mittee impowered  by  said  inhabitants  to  build  said  house,  and 
the  money  shall  be  accordingly  improved  in  building  said 
house. 

Be  it  further  eyiacted  and  declared^  That  tlie  tax  granted  by 
this  Assembly  in  October  last,  upon  the  aforesaid  lands,  shall 
be  understood  only  to  continue  for  one  year,  which  is  expired 
at  the  rising  of  this  Assembly. 

And  forasmuch  as  the  proprietors  in  said  Torrington  have 
[44]  not,  as  is  usual  in  new  ||  towns,  laid  out  any  lot  in  said 
town  for  the  minister  that  shall  be  settled  there :  Therefore, 
that  the  inhabitants  of  said  town  may  be  enabled  to  settle  an 
orthodox  gospel  minister  amongst  them, 

Be  it  further  eyiacted  hy  the  authority  aforesaid,  That  all  the 
aforementioned  lands  lying  in  said  Torrington  be  taxed,  and 
the  said  lands  are  hereby  taxed  for  the  space  of  four  years 
next  coming  after  the  rising  of  this  Assembly;  which  tax 
shall  be  equally  levyed  u|jon*all  the  said  lands,  in  the  whole  to 
make  the  sum  of  five  hundred  pounds,  and  no  more ;  which 
sum  shall  be  improved  for  the  settlement  of  an  orthodox  gos- 
pel minister  in  said  town,  and  to  no  other  use,  and  the  same 
shall  be  collected  by  collectors  to  be  chosen  as  aforesaid,  in 
four  equal  parts,  (yiz:~)  one  fourth  part  of  said  five  hundred 
pounds  per  year  during  the  said  four  years. 

Be  it  further  enacted,  That  the  inhabitants  of  said  Torring- 
ton shall  have  town  privileges,  and  town  privileges  are  hereby 
granted  to  the  inhabitants  of  said  town;  and  the  said  inhab- 
itants are  impowered  to  choose  their  own  ordinary  town  offi- 
cers and  order  their  own  prudential  affairs,  as  other  towns  by 
law  are  enabled  to  do. 

Whereas  this  Assembly,  in  their  sessions  in  May  last,  upon 
the  memorial  of  the  inhabitants  of  the  town  of  Coventry,  ap- 
pointed a  committee  to  repair  to  said  town,  to  view  their  cir- 
cumstances, hear  all  concerned,  and,  if  they  should  think  best, 
to  divide  the  town  into  two  distinct  parishes;  and  the  said 
committee  having  been  to  said  town,  viewed  and  heard,  as 
aforesaid,  and  reported  that  it  is  for  the  best  good  of  said  town 
to  be  divided  as  aforesaid,  and  have  drawn  a  line  so  to  divide 
them : 

Whereupon  it  is  resolved  by  this  Assembly,  That  the  said  town 
of  Coventry  be  divided  into  two  ecclesiastical  societies,  and 
that  the  line  so  dividing  them  shall  be  as  followeth,  Qviz:)    To 
43 


838  PUBLIC      RECOEDS  [Oct. 

begin  at  Willamantick  river  upon  a  north-east  line  from 
Nathaniel  Lad,  jun.,  his  dwelling  house,  and  from  thence  south- 
west to  said  Lad's  liouse,  and  from  thence  further  westerly 
to  Ebenezer  Brown's  house,  and  from  thence  further  westerly 
to  Joseph  Davice's  house,  and  from  thence  to  Hebron  bounds 
at  the  end  of  one  mile  east  from  the  southwest  corner  of  Cov- 
entry bounds;  said  Nathaniel  Lad,  jun.,  and  Joseph  Davice, 
and  their  farms,  to  belong  to  the  old  or  first  society,  and  said 
Ebenezer  Brown  and  his  farm  to  belong  to  the  new  or  second 
society. 

And  it  is  resolved,  That  all  the  inhabitants  on  the  easterly 
and  south-easterly  side  of  said  line,  including  said  Lad  and 
Davice,  be  a  distinct  society  or  parish  by  themselves,  and  that 
they  have  the  same  privileges  in  all  respects  that  other  socie- 
ties in  this  Colony  by  law  have,  and  that  they  be  called  the 
First  Society. 

And  it  is  further  resolved,  That  the  inhabitants  on  the  west- 
erly and  northwesterly  side  of  said  line,  including  said  Brown, 
be  a  distinct  society  or  parish  by  themselves,  and  that  they 
have  the  same  privileges  in  all  respects  that  other  societies  in 
this  Colony  have  by  law  granted  to.  them,  and  that  they  be 
called  the  Second  Society. 

Upon  the  humble  motion,  request  and  representation,  of 
Thomas  Fitch,  George  Wyllys  and  Robert  Walker,  jun.,  shew- 
ing their  desire  and  design  of  undertaking  to  make  and  con- 
vert the  iron  wrought  in  this  country  into  good  steel,  if  they 
may  be  suitably  encouraged  therein;  and  that  the  same,  if 
performed,  will  be  of  great  advantage  to  this  government  in 
promoting  the  iron  manufactury  and  preventing  the  great  ex- 
pence  occasioned  for  the  importation  of  steel  for  the  use  of 
the  people  of  this  government:  Therefore,  that  all  due  encour- 
agement be  given  to  promote  such  profitable  and  useful  man- 
ufactures in  this  Colony, 

Be  it  enacted,  resolved  and  granted  hy  this  Assembly,  and 
they  do  hereby  enact,  resolve  and  grant,  unto  the  said  Thomas 
[45]  II  Fitch,  George  Wyllys,  and  Robert  Walker,  jun.,  their 
executors,  administrators  and  assigns,  the  whole  and  sole  lib- 
erty and  privilege  of  making,  manufacturing  and  converting 
iron  into  good  steel,  within  the  bounds  and  limits  of  this  Col- 
ony, for  and  during  the  full  term  and  time  of  fifteen  years 
next  after  this  Assembly ;  and  that  they,  the  said  Pitch,  Wyllys 
and  Walker,  their  executors,  administrators  and  assigns,  sliall 
have  liberty  to  erect,  build  and  set  up  any  works,  engines,  fur- 
naces or  machines  for  the  purpose  aforesaid ;  and  all  other 
persons  are  hereby  prohibited  and  debarred  from  doing  or  per- 
forming the  said  work  of  making  steel  or  erecting  any  works, 


17-JO.] 


OP      CONNECTICUT. 


339 


engines  or  machines  for  that  purpose,  within  the  limits  of  this 
Colony,  within  the  time  aforesaid,  without  the  special  leave  and 
lycence  of  the  said  Fitch,  Wyllys  and  Walker,  their  executors, 
administrators  and  assigns;  upon  the  penalty  and  forfeiture  of 
two  hundred  pounds  money,  to  be  recovered  by  action,  bill, 
plaint  or  information,  by  the  said  Fitch,  Wyllys  and  Walker, 
their  executors,  administrators  and  assigns,  in  any  court  of 
record  in  this  Colony,  of  and  from  such  person  or  persons  as 
shall  perform  the  said  work  of  making  steel  as  aforesaid,  with- 
out leave  as  aforesaid.  Always  provided,  and  this  act,  grant 
and  resolve*  is  upon  condition,  that  if  the  said  Fitch,  Wyllys 
and  Walker,  their  executors,  administrators  or  assigns,  shall 
neglect  to  begin  and  perform  said  work  within  two  years  after 
this  date,  and  shall  at  any  time  after  the  said  two  years  neg- 
lect to  make  half  a  tun  of  such  steel  in  any  one  of  the  years 
within  said  term,  that  then  this  grant  and  act,  and  every  part 
thereof,  shall  be  void. 

The  Sums  total  of  the  Lists  of  Estate  of  the  several 

Towns  in  this  Colony  following,  sent  in  to  this 

Assembly  and  accepted,  (viz:) 


£ 

s. 

d. 

£        s.d. 

Hartford, 

31079 

10 

0 

New  Haven, 

41550     0  0 

New  London, 

25920 

0 

0 

Fairfield, 

38135     2  9 

Windham, 

18745 

14 

11 

Norwich, 

41707     1  6 

Killingsworth, 

11132 

15 

5 

Preston, 

15469  10  6 

Groton, 

16380 

2 

0 

Midletown, 

32206  12  0 

Guilford, 

27757 

18 

6 

Weathersfield, 

27361  18  3 

Durham, . 

9008 

17 

3 

Farmingtown, 

26490  18  7 

East  Haddam, 

14114 

14 

0 

Lyme, 

19252     5  9 

Hebron, 

11296 

1 

0 

Norwalk, 

27145     3  11 

Lebanon, 

31709 

0 

0 

Canterbury, 

10604  10  6 

Haddam, 

8423 

14 

3 

Stonington, 

24489    4  6 

Danbury, 

11187 

16 

0 

Woodbury, 

15923     4  4 

Symsbury, 

13888 

15 

0 

Mansfield, 

9137     5  9 

Water  bury. 

9446 

9 

0 

Ashford, 

7262     8  0 

Killingly, 

15977 

15 

0 

Litchfield, 

7289  16  0 

Fomfret, 

12286 

0 

0 

Ridgfield, 

7815  10  0 

New  Milford, 

7978 

10 

3 

Plainfield, 

8548     4  0 

Brandford, 

19858 

3 

10 

Milford, 

24833  14  1 

Standford, 

23300 

4  11 

Derby, 

8195     8  9 

Coventry, 

10001 

5 

0 

Greenwich, 

16313  17  0 

Windsor, 

28713 

10 

0 

Glassenbury, 

9182     0  0 

Saybrook, 

17516 

16 

1 

Colchester, 

16269     0  0 

Stratford, 

30256 

4 

3 

Wallingford, 

33011  13  2 

Voluntown, 

6945 

14 

0 

[46]     This  Assembly  do  order  and  direct  the  Treasurer  of 
this  Colony,  Capt.  John  Whiting,  to  attend  the  Assembly  on 


340  PUBLIC      RECORDS  [Oct. 

Monday  the  27th  day  of  October  instant,  and  bring  with  him 
a  sufficiency  of  the  bills  of  credit  in  his  hands  to  defray  the 
charges  of  this  Assembly  ;  and  also  the  sum  of  twelve  hun- 
dred pounds  more,  to  answer  such  further  orders  as  he  may 
here  receive  according  to  law. 

The  Gentlemen  nominated  by  the  Votes  of  the  Free- 
men of  this  Colony,  (brought  in  to  this  Assembly,) 
to  stand  for  Election  in  May  next,  are  as  follow, 
(viz:; 

The  Honourable  Joseph  Talcott,  Esqi",  the  Honourable  Jona- 
than Law,  Esqr,  Roger  Wolcott,  Esq>",  James  Wadsw,orth,  Esq^, 
Nathaniel  Stanly,  Esq"",  Joseph  Whiting,  Esq"",  Ozias  Pitkin, 
Esqr,  Timothy  Pierce,  Esq"",  Samuel  Lynde,  Esq^,  William 
Pitkin,  Esqr,  Thomas  Fitch,  Esq"",  Ebenezer  Silliman,  Esq'-, 
Jonathan  Trumble,  Esq'",  Hezekiah  Huntington,  Esq"",  Colo. 
John  Bulkley,  Colo.  Samuel  Hill,  Major  Andrew  Burr,  Mr. 
Ebenezer  West,  Mr.  John  Griswould,  Colo.  Jabez  Hunt- 
ington. 

An  Act  in  Addition  to  the  Law  of  this  Colony  intituled 
An  Act  for  the  Punishing  Deserters. 

Whereas  the  transgressors  of  said  act  generally  go  unpun- 
ished, for  want  of  a  sufficient  provision  in  said  law  for  the 
prosecution  thereof: 

Be  it  therefore  enacted  hy  the  Goverrwur^  Council  and  Hefre- 
sentatives,  in  General  Court  assembled,  and  hy  the  authority' of 
the  same,  Tliat  the  constables  and  grand-jurymen  in  the  re- 
spective towns  in  this  Colony  shall  diligently  enquire  after, 
and  make  presentment  to  some  assistant  or  justice  of  the 
peace,  of  all  such  persons  as  are  or  shall  be  guilty  of  the 
breach  of  the  said  act ;  who  are  also  required,  upon  such 
presentment,  to  grant  due  process  against  such  offenders,  in 
order  to  bring  them  to  a  proper  tryal  on  such  presentment. 
And  the  king's  attorneys  of  the  respective  counties  are  hereby 
authorized  and  required  to  make  enquiry  after  such  offenders, 
and  if  not  presented  and  informed  against  as  aforesaid,  to  in- 
form against  them  to  the  county  court,  who  are  hereby  di- 
rected to  issue  forth  due  process  against  them,  and  them  to 
apprehend  and  proceed  against  in  due  form  of  law. 

Resolved  hy  this  Assembly,  That  Mr.  Nathaniel  Saltonstall 
shall  be  appointed,  and  he  is  hereby  impowered  and  appointed, 
Captain  and  Gunner  in  Chief  of  the  Fort  or  Battery  in  New 
London,  who  shall  be  commissioned  by  his  Honour  the  Gov- 
ernour ;  and  he  is  hereby  impowered  to  take  into  his  care  the 
battery  aforesaid,  the  store-house,  and  all  the  ordnance,  am- 
munition and  stores  thereunto  belonging,  or  that  shall  here- 
after be  provided  for  the  same  ;  and  also  to  choose  out  and 
inlist  twenty-four  able  effective  men,  who  shall  be  under  his 


1740.]  OF      CONNECTICUT.  341 

command  and  shall  obey  him  as  their  captain  ;  and  he  is 
hereby  ordered  and  directed  to  appoint  a  clerk  of  said  com- 
pany, and  to  call  them  out  one  day  in  every  month,  at  least, 
and  instruct  them  in  the  use  of  their  arms,  and  also  in  all 
other  exercises  in  the  said  battery  relating  to  tlie  use  of  the 
ordnance  there.  And  the  said  captain  is  hereby  ordered  and 
commanded  to  obey  all  such  orders  and  directions  as  he  shall 
from  time  to  time  receive  from  the  Governour  of  this  Colony 
for  the  time  being,  and  shall  be  allowed  and  paid,  for  his 
service  aforesaid,  two  pounds  per  month  till  the  end  of  the 
sessions  of  this  Assembly  in  May  next.  And  the  sonldiers  by 
him  inlisted,  as  aforesaid,  shall  always  be  complcatly  furn- 
ished with  arms  and  ammunition  as  other  souldiers  obliged 
[47]  to  bear  arms  ||  by  law  are  to  be,  and  shall  attend  com- 
pleat  in  their  arms  on  the  days  appointed  by  the  captain  for 
exercise,  as  aforesaid,  under  the  same  penalties  appointed  by 
law  for  souldiers  non-appearance  on  training  days  and  defi- 
ciency in  arms,  and  shall,  as  a  reward  for  their  service,  re- 
ceive out  of  the  Colony  treasury  five  shillings  each  for  every 
day  they  shall  attend  on  the  exercise  aforesaid,  and  also  be 
freed  and  dismissed  from  all  other  military  services  during 
the  time  of  their  being  under  the  command  of  the  captain 
aforesaid,  (except  watching  and  warding.)  And  the  cap- 
tain aforesaid  is  hereby  impowered  to  send  out  his  execution 
to  recover  said  fines  and  penalties,  which  shall  be  directed  to 
the  clerk  by  him  appointed,  and  by  him  executed  as  fully  and 
absolutely  as  clerks  of  trainbands  are  enabled  by  law  to  do  ; 
which  fines  and  penalties  shall  be  imployed  or  disposed  of 
by  the  captain  to  pay  a  drummer  by  him  appointed,  and  for 
the  use  of  the  company.  And  the  said  Captain  Saltonstall 
shall  give  receipts  for  all  the  military  stores  he  shall  receive 
into  his  custody,  which  receipts  shall  be  sent  to  and  lodged 
with  the  Secretary  of  this  Colony,  and  also  shall  render  an 
account  of  the  stores  by  him  received,  when  thereunto  called 
by  the  General  Assembly.  And  all  persons  having  any  stores 
belonging  to  the  said  battery  in  said  New  London,  are  hereby 
ordered  and  directed  to  deliver  them  up  to  said  Captain  Sal- 
tonstall, upon  giving  his  receipts  as  aforesaid. 

This  Asseml)ly  do  establish  and  confirm  Mr.  John  Baker 
to  be  Captain  of  the  company  or  trainband  in  the  western 
part  of  the  town  of  Woodbury,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joshua  Hurl- 
burt  to  be  Lieutenant  of  the  company  or  trainband  in  the 
western  part  of  the  town  of  Woodbury,  and  order  that  he 
be  commissioned  accordingly. 


342  PUBLIC      RECORDS  [Oct. 

This  Assembly  do  establish  and  confirm  Mr.  Henry  Castle 
jun.  to  be  Ensign  of  the  company  or  trainband  in  the  western 
part  of  the  town  of  Woodbury,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Aaron  Cook 
to  be  Ensign  of  the  second  company  or  trainband  in  the  town 
of  Wallingford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Warner 
to  be  Lieutenant  of  the  Company  or  trainband  at  Three  Mile 
Hill  in  the  town  of  Midletown,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Benjamin 
Miller  jun.  to  be  Ensign  of  the  company  or  trainband  at  Three 
Mile  Hill  in  the  town  of  Midletown,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Ebenezer 
Beecher  to  be  Captain  of  the  sixth  company  or  trainband  in 
the  town  of  New  Haven,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Barnabas 
Baldwin  to  be  Lieutenant  of  the  6th  company  or  trainband  in 
the  town  of  New  Haven,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joel  Northrop 
to  be  Ensign  of  the  6th  company  or  trainband  in  the  town  of 
New  Haven,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Robert  Fair- 
child  to  be  Captain  of  the  first  company  or  trainband  in  the 
town  of  Durham,  and  order  that  he  be  commissioned  ac- 
cordingly. 

[48]  This  Assembly  do  establish  and  confirm  Mr.  Benja- 
min Hitchcock  to  be  Captain  of  the  third  company  or  train- 
band in  the  town  of  Wallingford,  and  order  that  he  be  com- 
missioned accordingly. 

This  Assembly  do  establish  and  confirm  Elnathan  Beach  to 
be  Lieutenant  of  the  8d  company  or  trainband  in  the  town  of 
Wallingford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Edward  Par- 
ker to  be  Ensign  of  the  3d  company  or  trainband  in  the  town 
of  Wallingford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Black- 


1740.]  OF      CONNECTICUT.  343 

leach  to  be  Captain  of  the  company  or  ti'ainl)and  in  tlie  parish 
of  Ripton  in  tlie  town  [of]  Stratford,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establisli  and  confirm  Mr.  Jonas  Woorster 
to  be  Lieutenant  of  the  company  or  trainband  at  the  parish 
of  Ripton  in  the  town  of  Stratford,  and  order  that  he  be  com- 
missioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathan  Ben- 
net  to  be  Ensign  of  the  company  or  trainband  at  the  parish 
of  Ripton  in  the  town  of  Stratford,  and  order  that  he  l)e 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Ephraim  Peck 
to  be  Captain  of  the  first  company  or  trainband  in  the  town- 
sbip  of  Newtown,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr,  Samuel  Griffin 
to  be  Lieutenant  of  the  first  company  or  trainband  in  the 
town  of  Newtown,  and  order  tliat  he  be  commissioned  ac- 
coi'dingiy. 

Tills  Assembly  do  establish  and  confirm  Mr.  Caleb  Baldwin 
to  be  Ensign  of  tlie  first  company  or  trainband  in  the  town  of 
Newtown,  and  order  that  he  be  commissioned  accordingly. 

Samuel  Toplitf  of  Willington,  being  recognized  to  appear 
before  this  Assembly  to  answer  what  shall  be  alledged  against 
or  enquired  of  him  respecting  the  defacing  and  destroying 
the  record  of  a  certain  deed  from  James  Tuttle  of  Lebanon 
to  Nathaniel  Topliff  of  Dorchester  in  trust,  &c.,  once  entered 
upon  and  since,  in  a  wrongful  and  clandestine  manner,  de- 
faced or  torn  and  cut  out  of  Lebanon  town  records,  and  abide 
the  order  and  determination  of  this  Assembly  respecting  him 
thereon  ;  and  the  said  Samuel  ToplifF,  now  appearing  before 
this  Assemlily,  moved  that  he  might  be  dismissed  without  a 
tryal  upon  or  enquiry  of  him  in  tlie  matter  aforesaid,  as  per 
his  memorial  on  file  appears  :  Whereupon  it  is  resolved  by  this 
Assembly,  that  the  said  Samuel  Toplifl"  be  not  brought  to  tryal 
on  the  merit  of  the  cause  aforesaid.  But,  inasmuch  as  there 
is  great  reason  of  suspicion  of  the  said  Samuel  Topliff 's  being 
privy  to  the  wrongful  and  clandestine  cutting  the  said  record 
out  of  the  said  Lebanon  town  book  of  records  :  It  is  therefore 
by  this  Assembly  determined  and  resolved,  that  the  said  Sam- 
uel Topliff  shall  pay  all  the  cost  of  the  enquiry  in  the  affair 
aforesaid,  which  is  allowed  and  taxed  to  be  <£14  14s.  lie?., 
and  that  he  thereupon  be  dismissed  ;  and  on  failure  thereof, 
this  Assembly  declare  the  recognizance  to  be  forfeited,  and 
order  a  writ  of  scire  facias  to  go  forth  thereon  in  due  form  of 


344  PUBLIC      RECORDS  [Oct. 

law,  signed  by  the  Secretary,  returnable  to  and  tryal)le  by 
this  Assembly  ;  and  the  king's  attorney  in  the  county  of  Hart- 
ford is  directed  to  take  care  of  and  prosecute  tbe  same. 

[49]  Upon  the  memorial  of  the  west  parish  in  the  town  of 
Norwich,  preferred  by  Mr.  John  Sabin  tbeir  agent,  praying 
this  Assembly  to  appoint  a  committee  to  repair  to  said  parish, 
hear  all  concerned,  and  determine  whether  it  be  best  for  said 
parish  to  build  a  new  meeting  house,  and  to  grant  further  re- 
lief in  the  premises  :  Whereupon  it  is  resolved  by  this  xVs- 
sembly,  that  Colo.  John  Bulkley,  Mr.  Elisha  Pain  and  Capt. 
Israel  Newton,  be  a  committee  to  repair  to  said  parish  and  to 
hear  all  persons  concerned,  and  to  determine  whether  it  be  best 
for  said  parish  to  build  a  new  meeting  house  ;  and  if  they  judge 
it  for  the  best  good  of  said  parish  to  build  as  aforesaid,  then 
they  to  hear  all  concerned  with  respect  to  the  place  where  the 
same  ought  to  be  built,  and  thereupon  to  fix  a  place  for  to 
build  the  same  in ;  and  make  report  of  their  doings  to  this 
Assembly  in  May  nest  for  confirmation.  And  upon  the  said 
committee's  determining  that  a  meeting  house  be  l)uilt,  and 
appointing  a  place,  as  aforesaid,  it  shall  be  lawful  for  said 
parish  to  proceed  to  prepare  to  build,  as  they  might  if  two- 
thirds  of  them  had  voted  that  they  had  need  to  build  in  man- 
ner and  form  as  prayed  for. 

Upon  the  memorial  of  James  Baldwin,  Benjamin  Everet, 
Jonathan  Hough,  and  the  rest  of  the  northern  inhabitants  of 
the  north  society  in  Saybrook  in  the  couiity  of  New  London, 
at  or  near  a  place  called  Pattaqunk,  praying  this  Assembly 
that  tliey  may  be  made  one  distinct  and  separate  ecclesiastical 
society,  bounded  as  followeth,  (viz:')  the  south  line  from  the 
great  bridge  over  the  deep  river  in  the  country  road  a  west  line 
to  Killingsworth  bounds,  and  from  said  bridge  easterly  as  said 
river  runs  to  the  great  river,  northerly  by  said  river  to  Had- 
dam  bounds,  and  westerly  by  Haddam  .line  to  Killingsworth 
bounds,  and  thence  southwai'dly  by  said  line  of  Killingsworth 
till  it  meets  said  west  line  first  mentioned  from  the  said  bridge  ; 
and  that  the  unimproved  lands  in  said  society  may  be  taxed 
towards  defraying  the  parish  charges :  Granted  by  this  As- 
sembly, that  they  are  and  shall  be  made  one  separate  and  dis- 
tinct ecclesiastical  society,  with  all  parish  privileges,  by  the 
bounds  above  described,  and  by  the  name  of  Chester;  and 
that,  towards  defraying  the  parish  charges  of  said  society,  this 
Assembly  grants  a  tax  on  all  the  hundred  acre  lots  laid  out 
east  of  the  cedar  swamp  pond,  unimproved,  northward  of  the 
quarter  line,  of  thirty  three  shillings  and  four  pence  per  lot, 
and  on  every  hundred  acre  lot  laid  out  west  of  said  cedar 
swamp  pond,  sixteen  shillings  and  ten  pence  per  lot,  unim- 


1740.]  OF      CONNECTICUT.  345 

proved,  and  so  pro  rato ;  and  for  all  other  unimproved  lands 
in  said  parish  four  pence  per  acre  yearly,  exce])tinf»;  the  three 
lots  last  laid  out  next  Haddam,  to  be  paid  to  and  for  tlie  use 
aforesaid ;  which  land  tax  is  to  continue  for  the  space  of  four 
years. 

Upon  the  petition  of  Jeremiah  Phinney,  of  Bristol  in  the 
county  of  Bristol  and  Province  of  the  Massachusetts  Bay  in 
New  England,  vs.  John  Shether  of  Killingworth  in  the  county 
of  New  London,  complaining  of  a  judgment  of  the  superior 
court  held  in  Norwich  in  the  county  of  New  London  in  March 
last,  against  said  Phinney  in  favour  of  said  Shether,  for  the 
sum  of  four  hundi'ed  and  fifty  pounds  and,  cost,  and  praying 
for  a  rehearing  of  said  cause:  Resolved,  that  said  Phinney 
hath  hereby  liberty  granted  to  him,  to  have  another  tryal  of 
said  cause  at  the  superior  court  to  be  held  at  Norwich  in  the 
county  of  New  London  on  the  fourth  Tuesday  of  March  next, 
and  that  the  future  cost  follow  the  final  judgment  of  said 
cause  ;  provided  he  give  bond  with  surety  to  the  clerk  of  said 
superiour  court,  before  the  third  day  of  the  said  supei'iour 
court's  sitting,  to  prosecute  said  action  in  due  form  of  law. 

[60]  Upon  the  memorial  and  representation  of  the  Trustees 
of  Yale  College,  and  on  the  report  of  the  committee  appointed 
to  consider  the  matters  in  said  memorial  set  forth,  now  made 
and  lying  before  this  Assembly  :  Resolved  by  this  Assembly, 
that  the  college  house  of  the  said  college  shall  be  repaired  at 
the  charge  of  this  Colony  as  soon  as  may  be  ;  which  repairs 
shall  be  by  new  shingling  the  roof,  clap-boarding  the  back- 
side, ground-silling,  if  need  be,  and  making  necessary  repairs 
of  the  windows,  and  in  other  parts  where  they  are  defective. 
And  Mr.  John  Punderson  and  Mr.  Daniel  Edwards  are  hereby 
appointed  to  take  care  of  and  procure  the  said  repairs  to  be 
made  as  reasonable  as  may  be,  and  to  render  an  account  of 
their  doings  in  that  affair  to  this  Assembly.  And  his  Honour 
the  Governour  and  Nathaniel  Stanly,  Esq"",  shall  draw  out  of 
the  publick  treasury  of  this  Colony  such  sums  of  bills  of  pub- 
lick  credit  as  they  shall  judge  necessary  for  the  purpose  afore- 
said, and  deliver  the  same  to  said  committee  for  the  use  afore- 
said, taking  their  receipt  therefor.  And  it  is  further  resolved 
by  this  Assembly,  that  the  other  matters  in  the  report  afore- 
said, respecting  the  building  a  new  liouse  for  the  entertain- 
ment of  the  students  in  said  college,  be  relerred  to  the  con- 
sideration of  this  Assembly  at  tlieir  sessions  in  May  next. 

On  the  memorial  of  the  Trustees  of  Yale  College,  shewing 
to  this  Assembly  that,  according  to  the  grant  of  this  Assembly 
at  their  sessions  in  New  Haven,  October  12tli,  1732,  they  had 
44 


346  PUBLIC      RECORDS  [Oct. 

procured  a  survey  of  three  huudred  acres  of  land  in  each  of 
the  five  new  townships  on  the  east  side  Ousatunnock  river, 
(viz:')  that  in  the  township  of  Kent  by  Mr.  Alexander  Wol- 
cott,  dated  September  20th,  1738  ;  the  other  four  by  Mr.  John 
Hitchcock,  dated  January  9th,  1T3| ;  and  praying-  that  the  said 
surveys  maybe  accepted,  and  that  a  patent  for  the  lands  therein 
contained  may  be  granted  :  This  Assembly  do  accept  the  sur- 
veys abovementioned,  and  order  a  patent  for  said  lands  be 
signed  by  the  Governour  and  Secretary  of  tiiis  Colony,  under 
the  publick  seal,  pursuant  to  the  grant  and  surveys  above- 
mentioned. 

Upon  the  petition  of  Simon  Lothrop  and  John  Waterman, 
both  of  Norwich  in  the  county  of  New  London,  representing 
that,  upon  the  memorial  of  sundry  persons,  two  certain  new 
highways  had  been,  by  order  of  the  county  court  held  at  said 
Norwich  per  adjournment  in  February,  ITf^^.,  ordered,  made 
and  laid  out  in  said  Norwich :  the  first  beginning  at  a  meer- 
stone  the  southwest  corner  of  Doct.  Rogers  his  land,  a  little 
northward  of  John  Waterman's  dwelling  house,  and  is  at  the 
north  side  of  the  highway  that  leads  to  the  burying  place, 
thence  south  about  42  degrees  west  two  rods  and  six  feet  to  a 
meer-stone,  which  is  the  southward  side  of  the  said  highway, 
then  south  44  degrees  and  an  half  east  twenty-three  rods  to 
an  apple  tree,  marked  H,  thence  south  38  degrees  and  an  half 
east  18  rods  to  a  stone  on  the  north  end  of  a  rock,  thence  east 
33  degrees  south  14  rods  to  a.  meer-stone  at  the  west  side  of  a 
small  brook,  the  east  bounds  of  said  Waterman's  land,  thence 
south  44  degrees  east  four  rods  to  a  meer-stone,  thence  south 
21  degrees  and  an  half  east  twenty  rods  and  an  half  to  a 
black-oak  tree  marked  one  rod  northward  from  the  fresh  river, 
thence  east  29  degrees  south  twenty-two  rods  and  eight  links 
to  an  apple  tree  marked  H,  thence  east  twelve  degrees  south 
twelve  rods  to  a  meer-stone,  thence  south  forty-eight  degrees 
[51]  and  an  half  east  26  rods  to  a  mere-stone  ||  at  the  south- 
westerly side  of  the  town  street,  a  little  to  the  northward  of 
Benajah  LeffingweH's  dwelling  house,  extending  north-east- 
ward, two  rods  and  six  feet  wide  from  one  side  to  the  other  of 
said  way,  which  said  six  feet  is  to  be  understood  to  include 
the  foot-way  laid  out  by  town  order  and  agreement  for  the 
town's  use,  August  28th,  1661 ;  said  highway  lying  partly  on 
John  Waterman's  land  and  partly  on  Simon  Lothrop's  land, 
and  partly  on  Benajah  Leffingwell's  land.  The  other  high- 
way to  1)6  three  rods  wide,  beginning  at  a  meer-stone  the  east 
side  of  the  highway  that  leads  to  the  old  landing  place  near 
the  southerly  end  thereof,  thence  south  about  eight  degrees 
east  fifty-five   rods  to  a  meer-stone,  thence  south  21  degrees 


1740.]  OF      CONNECTICUT.  347 

east  14  rods  to  Mr.  Bliss  his  land,  then  tlie  like  course  14  rods 
to  a  raeer-stone,  thence  south  48  degrees  east  19  rods  to  a 
meer-stone,  then  south  37  degrees  east  twelve  rods  to  a  meer- 
stone  four  rods  west  of  William  Fountain's  shop  near  the  new 
landing  place  ;  said  highway  to  extend  three  rods  wide  from 
one  end  to  the  other  northeasterly  of  the  abovementioned 
boundaries  ;  said  way  lying  partly  upon  Simon  Lothrop's  land 
and  partly  upon  land  of  Benajah  Bushnell,  Daniel  Tracy, 
Isaac  Tracy  and  Samuel  Bliss  and  Simon  Tracy;  and  com- 
plaining that  they  were  thereby  much  wronged  and  incom- 
moded, &c. ;  and  thereupon  praying  that  the  said  doings  of 
said  county  court,  respecting  said  highways,  may  be  set  aside 
and  made  null  and  void,  <fec.,  as  per  their  petition  on  file,  da- 
ted October  7th,  1740:  Resolved  by  this  Assembly,  that  all 
the  doings  of  the  said  county  court  respecting  said  two  high- 
ways laid  out  as  abovesaid  shall  be  set  aside,  and  the  same  are 
hereby  set  aside  and  made  altogether  null  and  void. 

Upon  the  memorial  of  Charles  Hazelton  of  Killingsworth, 
now  in  his  Majesties  goal  in  the  county  of  New  London,  by 
virtue  of  an  execution  obtained  by  William  Fancher  against 
him,  shewing  that  he  preferred  his  petition  to  this  Assembly 
for  relief  against  the  said  execution,  and  that  by  reason  of 
the  abatement  of  the  said  petition  he  is  defeated  of  the  relief 
therein  prayed  for  ;  and  praying  for  some  remedy  till  this  As- 
sembly in  May  next,  &c.  :  Resolved  by  this  Assembly,  that 
on  the  said  Hazelton's  procuring  and  giving  good  and  suffi- 
cient security  to  said  keeper  of  the  goal,  that  he,  said  Hazel- 
ton,  shall  either  return  by  the  last  of  May  next  to  said  goal 
again  and  deliver  himself  to  the  goaler  aforesaid  within  the 
prison,  to  be  held  by  said  execution  till  discharged  in  due 
form  of  law,  or  pay  the  said  execution  if  he  fails  thereof ;  and 
that  if  a  new  tryal  shall  be  granted  in  said  case,  then  to  pay 
and  answer  the  judgment  that  shall  be  given  against  him, 
said  Hazelton,  therein,  that  then  the  keeper  of  the  goal  afore- 
said shall  let  the  said  Hazelton  out  of  goal  and  go  at  large, 
the  aforesaid  execution  notwithstanding. 

Upon  the  petition  of  John  Holmes,  of  Stoningtown  in  the 
county  of  New  London,  shewing  to  this  Assembly  that  a  com- 
mission was  by  this  Assembly  in  May  last  granted  to  Rufus 
Minor  of  said  Stoningtown,  upon  a  false  certificate  given  by 
Capt.  Thomas  Minor  of  said  Stonington,  certifying  that  said 
Rufus  Minor  was  chosen  Lieutenant  of  the  trainband  in  said 
Stoningtown,  called  the  south  part  of  the  second  company  in 
said  town,  when  said  Rufus  Minor  was  not  chosen  by  said 
company  to  said  office  ;  and  praying  for  relief  therein  :  Re- 
solved by  this  Assembly,  that  said  commission  granted  to  said 


348  PUBLIC      RECOEDS  [Oct. 

Rufus  Minor  bj  order  of  this  Assembly  in  May  last,  estab- 
[52]  lishing  said  ||  Minor  to  be  Lieutenant  of  said  company 
or  trainband,  is  hereliy  set  aside  and  made  null  and  void  ;  and 
that  his  Honour  the  Governour  give  order  to  Ebenezer  Avery 
of  Groton,  colonel  of  the  regiment  in  which  said  company  is, 
to  lead  said  company  to  the  choice  of  a  lieutenant,  and  make 
return  thereof  to  the  General  Assembly  in  May  next. 

Upon  the  petition  of  Peter  Cross  of  Mansfield  vs.  Josiah 
Hart  of  Mansfield  :  The  question  was  put,  whether  the  prayer 
of  said  petition  should  be  granted,  and  resolved  by  this  As- 
sembly in  the  negative.  Cost  alloiv\l  respondeiit  £'6  15-s.  5fZ. 
Ex.  granted  May  2Sth,  1741.  _ 

Upon  the  petition  of  John  Eichards  of  New  London,  Joseph 
Fowler  of  Lebanon,  Joseph  Rockwell,  Jeremiah  Diggens,  Ben- 
jamin Griswould  and  James  Rockwell,  all  of  Windsor,  James 
Crozier  of  Symsbury,  John  Ashley  of  Westfield,  Asaph  Lea- 
vitt  of  Sufheld,  Thomas  Welles  of  Deerfield,  Ebenezer  Hins- 
dell  and  Mary  Hinsdell,  as  they  are  administrators  on  the  estate 
of  MahumenHinsdell,  deceased,  praying  for  the  reversal  of  a 
judgment  of  the  superior  court  held  at  Windham  in  Septeml)er 
last,  given  against  them  in  an  action  wherein  tliey  were  plain- 
tiffs against  Moses  Dudley  of  Sayl>rook,  as  per  writ  dated  June 
18th,  1739,  and  praying  for  another  tryal  of  said  cause  at  the 
superior  court  to  be  holden  at  Windham  in  March  next : 
Whereupon  it  is  resolved  by  this  Assembly,  that  the  said  judg- 
ment of  said  superior  court  be  reversed,  and  the  same  is  hereby 
reversed  and  set  aside  ;  and  that  the  parties  have  another  tiyal 
of  said  cause  at  the  superior  court  to  be  held  at  Windham  in 
March  next;  and  that  if  the  judgment  be  in  said  tryal  recovered 
in  favour  of  said  petitioners,  the  cost  of  the  said  tryal  only  to 
follow  the.  same. 

Upon  the  petition  of  John  Lyon,  of  Rye,  z's.  John  Brush,  of 
Greenwich,  now  pending  in  this  court :  Resolved  by  this  As- 
sembly, that  William  Pitkin,  Esq"",  Capt.  John  Read  of  Fair- 
field, and  Mr.  John  Griswould,  be  appointed,  and  tlicy  are 
hereby  appointed,  a  committee  to  hear  the  parties  concerning 
the  matters  in  said  petition  contained,  and  the  things  relat- 
ing thereto,  take  the  evidence,  state  the  case  as  clear  and 
short  as  may  be,  and  lay  the  same,  with  their  opinion  thereon, 
before  this  Assembly  at  this  present  sessions,  or  to  the  ses- 
sions thereof  in  May  next ;  and  said  committee  are  to  appoint 
time  and  place  for  hearing  the  parties  and  give  notice  accord- 
ingly. Liasmuch  as  the  committee  aforementioned  are  not 
likely  to  make  report  to  this  Assembly  :  Resolved  by  this  As- 
sembly, that   the   aforementioned   petition  of  John  Lyon  vs. 


1740.]  OF       CONNECTICUT.  349 

John  Brush  Miall  be  continued,  and  it  is  hereby  continued,  to 
the  sessions  of  this  Assembly  in  May  next. 

Upon  the  report  of  the  committee  appointed  in  May  last  to 
set  or  fix  a  place  for  the  inhabitants  of  the  town  of  Sharon» 
to  bniki  a  meeting  house  in:  It  is  resolved  by  this  Assembly, 
that  the  consideration  of  said  report  be  continued  to  this  As- 
sembly in  May  next,  and  tliat  the  same  committee,  (viz  :) 
Jolm  Bostwick,  Samuel  Lewiss  and  John  Mills,  upon  the  de- 
sire of  tlie  inhabitants  of  said  town  of  Sharon,  repair  to  said 
town  again  and  view  the  circumstances  of  the  said  town,  and 
hear  the  pleas  of  the  parties,  and  fix  a  place  for  them  to  set 
a  meeting  house  on,  and  make  report  to  this  Assembly  in 
May  next. 

Upon  the  petition  of  Daniel  Merwin  of  Durham  vs.  the 
[53]  proprietors  ||  of  the  common  land  in  Midletown,  com- 
plaining of  a  judgment  given  against  said  Merwin  at  the  su- 
perior court  held  in  Hartford  in  March  last,  and  praying  that 
said  judgment  may  he  set  aside,  and  that  a  rehearing  of 
said  cause  may  be  granted  to  him,  &c.  :  Resolved,  that  the 
said  judgment  given  against  said  Merwin  in  favour  of  said 
proprietors  shall  be  set  aside,  and  that  said  Merwin  hath 
hereby  liberty  granted  to  him  to  have  a  rehearing  of  said  cause 
at  the  superior  court  to  be  held  at  Hartford  the  first  Tues- 
day of  March  next,  and  that  the  future  cost  only  follow  final 
judgment. 

Upon  the  memorial  of  Sarah  Daley,  of  Killingly  in  the 
county  of  Windham,  administratrix  on  the  estate  of  Samuel 
Daley  late  of  said  Killingly,  deceased,  shewing  to  this  Assem- 
bly that  the  debts  due  from  said  estate  did  surmount  the 
moveable  estate  of  the  said  Daley  the  sum  of  one  hundred 
eighty-eight  pounds  six  shillings  and  seven  pence  ;  thereupon 
praying  to  this  Assembly  for  liberty  to  sell  so  much  of  the 
real  estate  of  the  deceased  Samuel  Daley  as  will  procure  the 
sum  aforesaid  :  Resolved  by  this  Assembly,  that  the  said  Sarah 
Daley  be  impowered,  with  the  assistance  of  Mr.  John  Dwight 
of  said  Killingly,  and  they  are  hereby  impowered,  with  the 
advice  and  direction  of  the  court  of  probate  in  the  county  of 
Windham,  to  sell  so  much  of  the  real  estate  of  the  deceas'd 
Samuel  Daley  as  will  procure  the  sum  of  one  hundred  eighty- 
eight  pounds  six  shillings  and  seven  pence,  for  the  payment 
of  the  debts  aforesaid  with  the  necessary  charges  arising 
thereon,  and  to  pass  deed  or  deeds  accordingly. 

Upon  the  memorial  of  Ebenezer  Munger,  Josiah  Cremp- 
ton,  John  Turner,  John  Turner,  jr.,  and  others,  inhabitants 
of  Guilford,  shewing  to  this  Assembly  the  great  distance  they 


350  PUBLIC      RECORDS  [  Oct. 

live  from  the  place  of  publick  worship  in  the  parish  to  which 
they  belong,  &c.,  and  praying  that  they  may  be  annexed  to 
the  parish  of  East  Guilford,  and  that  a  line  may  be  fixed  to 
include. them  therein,  as  in  said  memorial  is  expressed:  Re- 
solved by  this  Assembly,  that  Messrs.  John  Lane  of  Killings- 
worth,  John  Russell  and  William  Gold  of  Brandford,  be  ap- 
pointed, and  they  are  hereby  appointed  a  committee,  at  the 
cost  of  the  memorialists,  to  repair  to  the  place  of  their  dwell- 
ing, to  view  and  consider  their  circumstances  and  report  their 
opinion  upon  the  whole  to  the  General  .issembly  to  be  holden 
in  Hartford  in  May  next. 

Upon  the  memorial  of  Thomas  Clark,  Mathew  Huntington, 
Ambros  Blunt,  Benjamin  Johnson,  William  Thompson,  Dan- 
iel Williams,  Thomas  Clark,  jun.,  Samuel  Smith,  Thomas 
Rose  and  Stephen  Johnson,  inhabitants  of  the  east  society  in 
Norwich,  shewing  to  this  Assembly  that  they  live  much  nearer 
to  the  meeting  house  in  the  north  society  in  Preston  than 
they  do  to  the  east  society  meeting  house  in  Norwich :  Re- 
solved by  this  Assembly,  that  the  abovesaid  Thomas  Clark 
and  Mathew  Huntington,  &c.,  be  released  from  paying  min- 
isterial charges  in  the  east  society  in  Norwich,  and  tliat  they 
be  annexed  to  the  north  society  in  Preston,  and  that  said  per- 
sons shall  pay  all  pai-ish  charges  to  the  said  society  in  Pres- 
ton, equal  with  other  parishioners  there. 

Upon  the  memorial  of  the  town  of  New  Fairfield,  shewing 
that  said  town  had  voted  that  it  was  necessary  to  build  a 
meeting  house  for  divine  worship  in  said  town,  and  praying 
that  a  committee  may  be  appointed  to  affix  the  place  whereon 
to  build  a  meeting  house  in  said  town :  Resolved  by  this 
Assembly,  that  Capt.  Thomas  Tousey,  Mr.  John  Northrop 
and  Major  John  Bostwick,  be  appointed,  and  they  are  hereby 
appointed,  a  committee  to  repair  to  said  New  Fairfield,  at  the 
cost  of  the  memorialists,  and  view  the  circumstances  of  said 
town,  and  affix  the  place  whereon  said  town  shall  erect  a 
meeting  house  for  divine  worship  in  said  town,  and  make 
return  to  the  Assembly  in  May  next. 

[54]  Upon  the  memorial  of  John  Comestock  of  New  Lon- 
don, and  Ralph  Stoddard,  jun.,  and  John  Hurlburt,  both  of 
Groton,  shewing  to  this  Assembly,  that  the  Assembly,  at  their 
sessions  in  October  last,  appointed  a  committee  to  view  the 
circumstances  of  the  river  between  Norwich  and  New  London, 
and  to  determine  the  best  place  to  keep  a  ferry,  who  deter= 
mined  that  the  best  place  for  a  ferry  was  from  a  point  of  land 
where  a  highway  that  is  laid  open  through  Ralph  Stoddard's 
land   to  said  point,  so  across  the  river  to  a  point  of  land  in 


1740.]  OP      CONNECTICQT.     ,  851 

said  Comstock's  field,  and  prayiug  tliis  Assembly  to  appoint 
them  the  keepers  of  said  ferry  :  Resolved  by  this  Assembly, 
that  the  petitioners,  (viz.)  John  Corastoek,  Ralph  Stoddard, 
jun.  and  John  Ilurlburt,  are  aitpointed  the  keepers  of  said 
ferry  during  this  Court's  pleasure;  the  said  Hurlburt  and 
said  Stoddard  jun.  on  the  east  side,  and  said  Comestock  on 
the  west  side  :  provided  the  highway  above  mentioned  be  kept 
open,  and  the  pent-way  in  said  Comstock's  field  to  said  ferry 
place  be  well  provided  with  gates. 

Upon  the  memorial  of  Noah  Rockwell  of  Danbury,  i-epre- 
senting  to  this  Assembly  that  his  riding  beast  was  impressed 
into  his  Majesties  service;  praying  for  relief :  This  Assembly 
grants  to  said  Noah  Rockwell  six  pounds  money,  to  be  paid 
out  of  the  publick  treasury  of  this  Colony. 

This  Assembly  do  appoint  Col.  Benjamin  Hall,  Capt.  Isaac 
Pickerman  and  Capt.  John  Fowler,  a  committee  to  review  the 
circumstances  of  tlie  inliabitants  of  the  northwest  part  of  the 
town  of  Derby,  the  southwest  part  of  Waterbury  and  the 
southeast  part  of  Woodbury,  agreeable  to  an  act  of  this 
Assembly  made  in  May  last,  on  the  memorial  of  the  said  in- 
habitants praying  to  be  made  a  distinct  society,  and  make 
report  of  their  doings  to  this  Assembly  in  May  next. 

Upon  the  memorial  of  the  inhabitants  of  New  Fairfield, 
praying  for  a  tax  upon  the  unimproved  land  in  said  New 
Fairfield  southward  of  the  seven  mile  line  across  said  town : 
Resolved  by  this  Assembly,  that  there  shall  be,  and  there  is 
hereby,  a  tax  of  four  pence  per  acre  laid  upon  all  the  unim- 
proved lands  in  said  town  south  of  said  seven  mile  line  that 
is  laid  out  or  that  is  agreed  to  be  laid  out,  for  four  years  next 
coming  ;  and  Major  Andrew  Burr  of  Fairfield  is  hereby  ap- 
pointed to  collect  said  tax,  and  improve  the  same  towards 
building  a  meeting  house  and  settling  a  minister  in  said  New 
Fairfield. 

Upon  the  report  of  a  committee  appointed  by  this  Assembly 
in  May  last,  to  view  the  town  of  Kent  and  to  affix  the  place 
for  said  town  to  build  a  meeting  house  on,  who  have  reported 
to  this  Assembly  that  the  most  proper  and  suitable  place  to 
build  a  meeting  house  on  in  said  Kent  is  in  the  highway  of 
twelve  rods  wide  between  the  two  tier  of  home  lots,  the  west 
side  of  the  mountain  at  the  west  end  of  the  home-lot  of  Dan- 
iel Comestock  and  at  the  east  end  of  the  home-lot  of  Abel 
Wright  and  near  the  highway  that  runs  east,  at  such  place 
said  committee  stuck  down  a  stake :  Resolved  by  this  Assem 
bly,  that  said  report  be  accepted,  and  the  same  is  hereby 
accepted  and  confirmed,  and  said  town  is  hereby  ordered  to 
build  a  meeting  house  there  accordingly. 


352  PUBLIC       RECORDS  [Oct. 

An  Act  for  printing  and  publishing  an  Act  of  Parlia- 
ment of  the  sixth  Year  of  her  late  Majesty  Queen 
Anne,  intituled  An  Act  for  ascert  uning  the  Rate  of 
Foreign  Coins  in  her  Majesties  Plantations  in  Amer- 
ica, and  the  Instructions  frona  the  Lords  Justices  of 
the  Regency  to  the  Governour  and  Company  of  tliis 
Colony,  requiring  the  Observation  and  Execution  of 
said  Act. 

Be  it  enacted  hy  the  Governour^  Council  and  Representatives, 
in  G-eneral  Court  assembled,  and  hy  the  authority  of  the  same, 
That  the  said  act  of  Parliament,  eiitituled  An  Act  for  ascer- 
taining the  rates  of  foreign  coins  in  her  Majesties  plantations 
in  America,  and  the  said  instructions  from  the  Lords  Justices 
of  the  Regency  to  the  Governour  and  Company  of  this  Colony, 
[55]  given  ||  at  Whiteliall  the  twenty-first  day  of  August,  one 
thousand  seven  hundred  and  forty,*  shall  be  printed  and  pub- 
lished with  the  acts  of  this  Assembly;  and  the  Secretary  of 
this  Colony  is  directed  to  transmit  to  Mr.  Timothy  Green, 
printer  to  the  Governour  and  Company  of  this  Colony,  copies 
of  the  said  act  and  instructions,  for  that  purpose. 
An  Act  to  prevent  the  Passing  of  Bills,  Notes,  or  any 
other  Currency  made  or  emitted  on  Private 
Credit. 
Be  it  enacted  hy  the  G-overnour,  Council  and  Representatives, 

*The  letter  which  inclosed  the  Instructions  h  in  Foreign  Correspondence,  I,  lo7, 
but  no  copy  of  the  Instructions  themselves  being  found  in  our  archives,  they  are 
here  reproduced  from  the  printed  copy  (tf  the  acts'of  this  session. 

BY   THE   LORDS   JUSTICES. 

Jo.  Cant.      Wilmington  P. 

Hervey  C.  P.  S.  Instruction  to  the  Gove.nour  and  Company  of  his 

Dorset  Majesty's  Colony  of  Connecticut  in  New  England 

Grafton  in  America,  for  the  better  observation  of  the  act 

Richmond  Lenox  (^  Aubigny  of  the   6th   of  Queen   Anne,  for  ascertaining  the 

Bolton  rates  of  foreign  coins  in  America. 

I  L.  s.  I  Given  at  Whitehall  the  21st  day  of  August,  1740,  in 

' '  the  fourteenth  year  of  his  jMajesty's  reign. 

Whereas  an  act  of  Parliament  was  passed  in  the  sixth  year  of  her  late  Majesty 
Queen  Anne,  entituled  An  Act  for  ascertaining  the  rates  of  foreign  conis  in  her  ilajes- 
ty's  Plantations  in  America:  And  whereas  complaints  have  been  made  that  the  said 
[act]  has  not  been  observed  as  it  ought  to  have  been,  in  many  of  his  Majesty's  Colo- 
nies and  Plantations  in  America,  by  means  whereof  many  indirect  practices  have 
grown  up,  and  various  and  illegal  currencies  have  been  introduced  \\\  several  of  the 
said  Colonies  and  Plantations,  contrary  to  the  true  intent  and  meaning  of  the  said 
act,  and  to  the  prejudice  of  tlie  trade  of  his  Majesty's  subjects:  In  consequence  of 
which  complaints,  an  humble  address  was  presented  the  last  sessions  by  the  House  of 
Commons  to  his  Majesty,  that  he  would  be  graciously  pleased  to  require  and  com- 
mand the  respective  Governours  of  his  Colonies  and  Plantations  in  America,  effectu- 
ally to  observe  the  said  act  of  the  sixth  of  Queen  Anne. 

it  is  therefore  his  Majestj^'s  royal  will  and  pleasure,  and  you  are  hereby  strictly 
required  and  commanded,  to  take  the  most  eflectual  care  for  the  future,  that  the  said 
act  be  punctually  and  bonaf.de  observed  and  put  in  execution,  according  to  the  true 
intent  and  meaning  thereof. 

And  to  the  end  that  his  Majesty's  commands  herein  may  be  fully  made  known  to 
all  his  subjects  within  your  government,  and  that  none  of  them  may  pretend  igno- 
rance thereof: 

You  are  hereby  further  required  and  commanded,  to  publish  this  Instruction  in  such 
manner  as  may  best  answer  his  Majesty's  gracious  intentions  herein  signified. 

J.  C.  W.  P.  D.  B. 

H.  a  P.  s. 


1740.]  OP      CONNECTICUT.  353 

in  G-eneral  Court  assembled,  and  hi/  the  authority  of  the  same, 
That  if  any  person  or  persons  in  this  Colony  shall  utter,  vend 
or  pass  any  bills,  notes  or  other  currency  whatsoever,  whicli 
citlier  have  been  or  shall  be  made  for  a  general  currency  or 
medium  of  trade,  and  emitted  on  the  fund  or  credit  of  any 
private  person  or  persons,  society  or  company  whatsoever, 
either  in  this  or  any  of  the  neighbouring  governments,  such 
person  or  persons  shall  forfeit  double  the  sum  mentioned  in 
such  bills,  notes,  &c.  ;  the  one  half  to  him  or  them  that  shall 
prosecute  the  same  to  effect,  and  the  other  half  to  the  town 
or  county  treasury,  according  as  wiierc  such  offence  shall  be 
prosecuted.  And  all  grand-jurors  and  constables  are  liereby 
required  to  make  due  presentment  of  all  breaches  of  this  act. 
Provided,  this  act  continue  in  force  until  the  rising  of  this 
Assembly  in  May  next,  and  no  longer. 

An  Act  for  raising  the  Fare  of  Nehantiek  Ferry. 

Ordered  by  this  Assembly,  That,  for  the  future,  the  fare  of 
Nehantiek  ferry,  from  the  first  of  April  to  the  last  of  Novem- 
ber, shall  be  three  pence  for  man,  horse  and  load  ;  and  from 
the  last  of  November  to  the  last  of  March  shall  be  four  pence  ; 
and  two  pence  for  a  single  man  all  the  year. 

Messrs.  Nathaniel  Skinner,  Jonathan  Dunham  and  Samuel 
Levviss,  a  committee  appointed  by  this  Assembly  in  May  last 
to  pitch  upon  a  place  in  the  town  of  Canaan,  whereon  the  in- 
habitants of  said  town  should  build  their  meeting  house  for 
divine  worship,  now  made  report,  that  the  most  suitable  and 
convenient  place  for  setting  said  meeting  house  is  in  the  high- 
way called  the  Six  Rod  highway,  that  runs  from  the  northern 
to  the  southern  part  of  the  said  town  of  Canaan,  being  the 
first  six  rod  highway  laid  out  in  said  town,  at  the  west  end 
of  the  lot  numbered  twenty-nine,  near  the  northwest  corner 
of  said  lot,  (which  lot  is  in  the  second  division,)  between  the 
end  of  said  lot  and  the  hill,  where  they  have  marked  a  small 
pine  tree,  <fec.,  as  on  file :  Which  said  report  of  said  commit- 
tee is  accepted  and  approved  by  'this  Assembly. 

This  Assembly  do  order  and  direct  the  Treasurer  of  this 
Colony  to  deliver  the  sum  of  thirty-two  pounds  twelve  shil- 
lings and  six  pence,  bills  of  credit,  into  the  hands  of  his 
Honour  the  Governour,  who  is  desired  to  transmit  the  same 
unto  Mr.  Nickels  of  New  York,  post-master  &c.,  to  answer 
his  demand  upon  this  government  for  postage  of  a  packet,  and 
sending  the  same  express  to  Hartford. 

This  Assembly  grants  to  John  Kingsly  the  sum  of  five 
pounds,  towards  his  relief  in  paying  for  his  board  ever  since 

45 


354  PUBLIC      RECORDS  [Oct. 

the  loth  day  of  this  instant  October,  and  to  defray  his  charges 
in  returning  home  to  his  family. 

Granted  to  Stephen  Bayard,  Esq^,  of  the  city  of  New  York, 
the  sum  of  twenty  pounds,  for  his  assistance  and  good  service 
in  procuring  stores,  &c.,  for  the  souldiers  belonging  to  this 
government,  when  they  were  lately  shipwrecked  in  their  voy- 
age to  New  York. 

[6G]  Resolved  hy  this  Assembly^  That  the  Treasurer  of  this 
Colony  pay  out  of  the  publick  treasury  the  sum  of  forty-six 
pounds  five  shillings  and  four  pence,  in  bills  of  credit,  to 
Major  Andrew  Burr,  it  being  the  full  ballance  of  his  allow- 
ance as  commissary ;  and  also  the  sum  of  thirty-tAvo  pounds 
five  shillings  and  six  pence,  to  Major  Jabez  Hamlin,  it  being 
the  full  ballance  of  his  allowance  as  commissary. 

This  Assembly  orders  John  Whiting,  Treasurer,  to  pay 
unto  Timothy  Green,  printer,  the  sum  of  thirty-five  jiounds, 
for  his  half  years  salary. 

llesolvecl  by  this  AsseivMy,  That  there  be  piovided,  at  the 
charge  of  this  government,  a  convenient  council-table  in  the 
council-chamber  at  New  Haven,  with  a  conveniency  for  the 
Secretary  to  write  on,  and  convenient  seats  for  the  gentlemen 
attorneys,  and  that  Capt.  Isaac  Dickerman  be  a  committee  to 
procure  the  same  to  be  done. 

This  Assembly  grants  to  his  Honour  the  Governour  the 
sum  of  fifty-seven  pounds  and  three  shillings,  in  full  for  the 
remainder  of  his  salary  the  current  year,  to  be  paid  in  new 
tenor  bills  emitted  last  May. 

This  Assembly  grants  to  his  Honour  the  Deputy  Governour 
the  stim  of  twenty-eight  pounds  eleven  shillings  and  six  pence, 
in  new  tenor  bills  emitted  last  May,  in  full  for  the  remainder 
of  his  salary  the  current  year. 

•  "Whereas  this  Assembly  hath  been  drawn  out  to  so  great 
a  length  that  all  the  members  thereof  cannot,  without  great 
mconvenience,  stay  to  hear  (he  records  of  the  acts  of  this  As- 
sembly read  off  at  this  time,  do,  therefore,  appoint  Roger  Wol- 
cott.  Esq"",  Nathaniel  Stanly,  Esq^,  William  Pitkin,  Esq'", 
Capt.  John  Marsh,  Mr.  Joseph  Buckingham,  Mr.  Elisha  Wil- 
liams, and  Colo.  John  Chester,  to  be  a  committee,  in  the  name 
of  this  Assembly,  to  attend  Ids  Honour  the  Governour  at  the 
council  chamber  in  Hartford,  to  hear  the  records  of  the  acts 
of  tliis  Assembly  read  otf,  and  then  the  Secretary  to  sign  them 
as  ]  eri'ect  and  compleat. 

The  several  Acts,  Grants  and  Orders  of  this  Assembly,  as 
they  stand  entered  on  tlie  pages  of  this  book  next  preceding, 
were  read  off  in  the  presence  of  his  Honour  the  Governour 


1740.]  OP      CONNECTICUT.  355 

and  the  committee  abovenamed  (eslcept  Nath'  Stanly,  Esqf, 
and  Capt.  John  Marsh,)  and  by  tliem  ordered  to  be  signed  as 
compleat, 

GeorCxE  Wyllys,  Secretary. 


f  Anno  Regni  Regis  Georgii  secundl  decimo-quarto. 
Connecticut 
Colony. 

At  a  General  Assembly  holden  at  Hartford  in  his  Majes- 
ties English-  Golony  of  Connecticut,  in  New  England  in 
America,  (by  special  order  of  his  Honour,  the  Govern- 
ouR,  on  Wednesday  the  26th  day  of  November,  and  con- 
tinued BY  several  adjournments  TO  THE  3d  DaY  OF  DE- 
CEMBER FOLLOWING,  Annoque  Domini,  1740.* 

Present : 
The  Honourable  Joseph  Talcott,  Esquire,  Governour. 
The  Hon''ie  Jonathan  Law,  Esquire,  Deputy  Governour. 

Roger  Wolcott,  Esq^,  William  Pitkin,  Esq--,         ^ 

James  Wadsworth,  Esq"",    Thomas  Pitch,  Esq'',  j    a  ,  •  .f 

Nathaniel  Stanly,  Esqr,       EbenezerSilliman,  Esq"",     )■ 

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

Samuel  Lynde,  Esq'",  Hez.  Huntington,  Esq^,      j 

Representatives  or  Dejjuties  that  attended  at  this  Assemhly  are 
as  follow ^1  (viz  :) 

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

Capt.  Nath'  Saltonstali,  Mr.  Thomas  Porsdick,  for  New  London. 

Colo.  Jabez  Huntington,  Major  Thos.  Dyer,  for  Windham. 

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

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

Capt.  Henry  Allyn,  Mr.  Roger  Wolcott,  jr.,  for  Windsor. 

Mr.  Samuel  Rose,  Mr.  Samuel  Butler,  for  Brandford. 

Mr.  Increase  Billings,  Mr.  Joseph  Denison,  for  Stoningtown. 

Mr.  Dudley  Woodbridge,  Colo.  Christopher  Avery,  for  Groton. 

Capt.  James  Beebe,  Mr.  Thomas  Benedict,  for  Danbury. 

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

Mr.  John  Lane,  Capt.  Isaac  Kelsey,  for  Killingworth. 

Capt.  Hez''  Gaylord,  Capt.  Joseph  Phelps,  for  Hebron. 

Capt.  Caleb  Cone,  for  Haddam. 

Capt.  Isaac  Dickerman,  Mr.  John  Hitchcock,  for  New  Haven. 

Major  Andrew  Burr,  for  Fairfield. 

Mr.  Joshua  Huntington,  for  Norwich. 

*  The  Journal  of  neither  House  is  found. 


356  PUBLIC      EECORDS  [Nov. 

Mr.  Jolin  Mitchell,  Capt.  Richard  Brimson,  for  Woodbury. 

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

Major  James  Lock  wood,  Mr.  Thomas  Benedict,  for  Norwalk. 

Capt.  Thomas  Storrs,  for  Mansfield. 

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

Capt.  Theophilus  Nickols,  Capt.  Jos.  Blaekleach,for  Stratford. 

Mr.  John  Griswonld,  Mr.  Richard  Lord,  for  Lyme. 

Colo.  Samuel  Willard,  Mr.  Jedadiah  Chapman,  for  Saybrook. 

Mr.  Joseph  Billings,  Mr.  William  W^ittar,  for  Preston. 

Mr.  JohnDwight,  Mr.  Boaz  Starns,  for  Killingly. 

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

Mr.  Isaac  Spencer,  for  East  Haddam. 

[58]   Capt.  Elihu  Chauncey,  Mr.  Nathan  Camp,  for  Durham. 

Major  Roger  Newton,  Capt.    John  Fowler,  for  Milford. 

Mr.  William  Marsh,  Mr.  Thomas  Stephens,  for  Plainfield. 

Mr.  James  Benedick,  Mr.  Daniel  Chapman,  for  Ridgefield. 

Mr.  John  Southmaid,  Mr.  Stephen  Hopkins,  for  Waterbury. 

Mr.  Lsaac  Kendal,  Mr.  Peter  Bicknal,  for  Ashford. 

Capt.  John  Buel,  Capt.  Joseph  Bird,  for  Litchfield. 

Colo.  Benja.  Hall,  for  Wall ingford. 

Mr.  Abell  Gun,  Mr.  Sam'  Tomlinson,  for  Derby. 

Major  John   Bostwick,  Capt.  Theoph.   Baldwin,  for  New  Mil- 
ford. 

Mr.  Solomon  Pain,  Mr.  Jabez  Fitch,  for  Canterbury. 

Capt.  George  Phillips,  Major  Jabez  Hamlin,  for  Midletown. 

Capt.  Noah  Sabih,  Mr.  Jacob  Dana,  for  Pomfrett. 

Colo.  Jonath.  Hoit,  Capt.  Jonath.  Maltbie,  for  Stanford. 

Colo.  John  Bulkley,  Capt.  Israel  Newton,  for  Colchester. 

Mr.  Robert  Dixson,  for  Voluntown. 

Mr.  Elisha  Williams,  Speaker  |  of  the  House  of  Repre- 
Capt.  John  Fowler,  Clerk  (      sentatives. 

This  Assembly  being  met  at  this  time  (by  special  order  and 

appointment  of  his  Honour  the   Governour  of  this  Colony, 

with  the  advice  of  the  Council,)  his  Honour  laid  before  them 

two  letters  lately  received  from  the  Right  Honourable  the 

Lords  Commissioners  for  Trade  and  Plantations,  one  bearing 

date  the  20th,  and  the  other  the  21st  of  May,  1740,  containing 

the  occasion  of  his  Honour's  calling  the  Assembly  together  at 

this  present  time,  and  recommended  the  matters  contained  in 

their  Lordships'  said  letters  to  the  consideration  of  this  As- 
sembly. 

And  thereupon  it  is  resolved  hy  tins  Assenibly,  in  comjjlyance 

with  their  Lordships'  letter  of  the  21st  of  May  aforesaid,  That 

a  printed  book  containing  the  laws  of  this  government  to  this 

time,  inclusive  of  the  acts  of  this  sessions  of  this  Court,  be  pre- 


1740.]  OP      CONNECTICUT.  357 

pared  and  transmitted  to  their  Lordships,  by  which  they  may 
best  see  the  laws  that  have  been  made  and  are  in  force  in  this 
government. 

And,  in  obedience  to  their  Lordships'  letter  of  the  20th  of 
May  aforesaid,  requiring  the  Governor  and  Company  of  this 
Colony  to  prepare  and  transmit  to  them  an  account  of  the 
tenor  and  amount  of  the  bills  of  credit  whicii  have  been 
created  and  issued  in  this  government,  that  are  now  outstand- 
ing, with  the  respective  times  when  such  bills,  so  outstanding, 
were  issued,  &c.,  and  to  send  therewith  our  opinion,  what 
will  be  the  most  easy  and  effectual  manner  of  sinking  and 
discharging  all  such  bills  of  credit,  with  the  least  prejudice  to 
the  inhabitants  of  this  government  and  interruption  of  the 
commerce  of  the  Kingdom  : 

It  is  further,  resolved  by  this  Assembly^  That  there  shall  be 
transmitted  to  their  Lordships  from  the  Govcrnour  and  Com- 
pany of  this  Colony,  an  answer  to  their  said  letter  of  the  20th 
of  May  aforesaid,  signed  by  the  Governor  and  Secretary,  in  the 
behalf  of  the  Governor  and  Company  of  this  Colony.  And 
an  answer  being  prepared  accordingly  is  approved  of,  allowed, 
and  ordered  to  be  sent  to  their  Lordships ;  and  is  in  the  words 
following,  viz: 

[59]    To  the  Right  Honourable  the  Lords  Commissioners 
for  Trade  and  Plantations. 

The  Answer  of  the  Governor  and  Company  of  the  Colony 
of  Connecticut  to  their  Lordships'  letters  of  the   20th 
and  21st  of  May  last. 
My  Lords : 

In  complyance  with  yours  of  the  21st  of  May  last,  we  have 
ordered  a  collection  of  the  Laws  of  this  Government  to  be 
prepared  and  transmitted  to  your  Lordships,  by  which  you 
will  see  the  laws  that  have  been  made  and  are  in  force  in  this 
government. 

And  in  obedience  to  your  Lordships'  order  of  the  20th  of 
May  aforesaid,  we  do  hereby  signify  to  and  inform  your  Lord- 
ships, tbat,  in  pursuance  of  the  royal  order  by  us  received  in 
the  sessions  of  this  Assembly  in  October,  anno  Bom.  1739,  an 
account  of  the  bills  emitted,  and  the  respective  times  when 
such  bills  were  emitted,  and  what  were  then  outstanding,  hath 
been  already  transmitted  to  your  Lordships  from  the  Govern- 
or of  this  Colony  ;  and  since  that,  a  duplicate  and  a  triplicate 
of  said  account  hath  been  sent ;  to  which  account  we  beg  leave 
to  refer  your  Lordships  for  an  account  of  the  affair  to  that 
time. 

We  do  further  acquaint  your  Lordships,  that  about  three 
thousand  pounds  of  loaned  bills  were  drawn  in  for  interest  for 


358  PUBLIC      RECORDS  [NoY. 

•he  year  1T40,  and  that  the  whole  of  the  said  loaned  bills  will 
be  disclrarged  by  the  year  17-I-2  :  and  that  the  bills  then  out- 
standing, that  were  issued  to  defray  the  charge  of  government, 
are  near  or  quite  sunk  by  the  taxes  of  the  years  1738  and 
1739. 

Your  Lordships  will  see,  by  the  laws  herewith  transmitted, 
the  tenor  of  the  several  bills  of  credit  issued  in  this  gov- 
ernment, and  the  amount  of  the  old  tenor  bills  in  money  of 
Great  Britain  by  the  account  we  conclude  you  have  received 
from  the  Massachusetts,  to  which  we  humljly  refer  your  Lord- 
ships as  in  the  aforementioned  accounts  is  expressed,  aud  tlie 
amount  of  the  new  tenor  bills  is  discovered  by  the  torm  of 
the  bill. 

We  do  further  acquaint  your  Lordships,  that  the  emission 
of  four. thousand  pounds,  old  tenor,  and  eight  tho.usand  pounds 
new  tenor  bills,  in  May  last,  and  ten  thousand  pounds,  bills  of 
the  old  tenor,  in  July  last,  were  all  granted  in  comply ance  with 
his  Majesties  instructions  to  this  government,  respecting  the 
expedition  to  the  h^panish  West  Indies,  and  for  the  necessary 
defence  of  this  government,  without  which  it  was  impracti- 
cable for  this  government  to  answer  his  Majesties  expecta- 
tions. 

And  that  the  twenty-two  thousand  pounds  new  tenor  bills, 
which  were  ordered  to  be  loaned,  to  supply  our  want  of  a 
medium  of  exchange,  is  ordered  to  be  paid  in  the  one  half  in 
four  and  the  other  in  eiglit  years ;  and  that  the  bills  loaned 
and  to  be  discharged  by  the  year  1742,  and  the  said  twenty- 
two  thousand  pounds,  are  the  only  bills  ever  loaned  by  this 
government. 

[GO]  We  also  signify  to  your  Lordships,  that  the  most  easy 
and  effectual  manner  of  sinking  and  discharging  said  bills, 
according  to  your  Lordships'  letter,  is,  in  our  opinion,  to  sink 
and  discharge  the  same  in  the  manner  provided  in  the  several 
acts  passed  for  the  emission  thereof,  to  which  we  refer  your 
Lordships ;  by  which  your  Lordships  will  see  that  the  said 
bills  will  be  gradually  drawn  in  and  sunk ;  which  method,  we 
think,  will  be  least  prejudicial  to  the  inhabitants  of  this  gov- 
ernment, and  interruption  to  the  commerce  of  the  Kingdom. 

We  do  also  further  acquaint  your  Lordships,  that  the  act 
of  May  last  for  the  emission  of  tliirty  thousand  pounds  bills 
of  a  new  tenor,  which  made  it  obligatory  on  all  persons  to 
take  the  said  bills  in  payment  of  debts,  dues,  &c.,  was  truly 
made  with  an  honest  and  real  intent,  to  prevent  the  said  bills 
from  depreciating,  which  we  were  the  rather  induced  to  by 
the  example  of  our  neighbouring  government  of  JS^ew  York, 
who  we  are  informed  by  such  an  act  in  a  great  measure  have 


1740.]  OP      CONNECTICUT.  359 

prevented  tlieir  bills  from  discounting  ;  and  we  were  not  then 
in  the  least  apprehensive  that  the  inserting'  such  a  clause,  in 
that  act  of  May  last,  was  any  way  inconsistent  with  or  con- 
trary to  the  act  of  the  sixth  year  of  her  late  Majesty  Queen 
Anne,  entituled  A7i  Act  for  ascertaining  the  rates  of  foreign  coins 
inker  Majesties  pi  a^itatmis  in  America,  having  then  had  no  inti- 
mations of  his  Majesties  intentions,  nor  of  the  sense  of  the 
House  of  Commons  on  that  occasion,  and  as  soon  as  possible 
after  the  receipt  of  your  Lordships'  letters,  we  have  repealed 
that  clause  of  the  act  of  May  last  which  made  it  oliligatory  on 
all  persons  to  take  said  bills  in  payment  as  aforesaid,  as  your 
Lordships  will  see  by  the  act  of  tliis  Court,  passed  at  the  pres- 
ent sessions,  for  repealing  the  said  clause. 

And,  on  the  wiiole,  we  conclude  your  Lordships  will  be  of 
opinion  that  we  have  not  granted  large  and  frequent  emissions 
of  paper  currency  ;  and  if  compared  with  what  some  other 
Colonies  have  done,  will  appear  to  be  a  small  proportion. 
And  we  do  assure  your  Lordships,  that  we  shall  take  effectual 
care,  as  much  as  in  us  lyes,  to  pay  all  due  regards  to  his 
Majesties  intentions,  and  to  the  sense  of  the  House  of  Com- 
mons on  this  occasion.  And  we  cannot  omit  to  take  notice 
of,  and  gratefully  acknowledge,  your  Lordships'  friendly  admo- 
nition and  advice  to  us,  who  are, 

My  Lords, 
Your  Lordships'  most  obedient  and  most  humble  sei'vants, 

Joseph  Talcott. 
Signed  b-y  order  of  the  General  Assembly 

of  the  Colony  of  Connecticut, 

George  Wyllys,  Secret'ry. 

[61]  An  Act  for  the  Repealing  Part  of  the  Act  passed 
by  this  Assembly  in  May  last  for  the  Emission  of 
Thi'ty  Tliousand  Pounds  Bills  of  Publick  Credit, 
entiiuled  An  Act  for  Making  and  Emitting  Bills  of 
Publick  Credit,  and  for  the  Amendnaent  of  sonie 
Pan  thereof. 

This  Assembly  being  instructed  from  the  Lords  Justices 
of  the  Regency,  that  it  is  his  Majesties  royal  will  and 
pleasure  that  the  act  of  Parliament  made  in  the  sixth  year 
of  her  late  Majesty  Queen  Anne,  entituled  An  Act  for  ascer- 
taining the  rates  of  foreign  coins  in  her  llajesties  playitations  in 
America,  should,  for  the  future,  be  punctually  and  bona  fide 
observed  and  put  in  execution  ;  and  being  also  informed  from 
the  Lords  Commissioners  fOr  Trade  and  Plantations,  of  the  re- 
solves of  the  House  of  Commons  respecting  the  emissions  of 
paper  currencies  in  many  of  the  British  Colonies  and  planta- 
tions in  America,  and  making  it  obligatory  on  all  ]  orsons  to 
take  the  same  in  payment   of  debts,  &c. ;  which  shews  how 


360  PUBLIC       RECORDS  [NoV. 

much  they  apprehend  the  good  intentions  of  the  said  act  of 
the  sixtli  of  Queen  Anne  hath  been  frustrated,  and  the  com- 
merce of  Great  i^ritain  affected,  by  tlie  said  emissions  of  paper 
currencies  as  aforesaid :  On  consideration  whereof,  this  As- 
sembly do  apprehend,  that  that  part  of  the  said  act  of  this 
Assembly,  past  in  May  last,  which  makes  it  obligatory  on  all 
persons  to  take  the  said  bills  in  payment  of  debts,  dues  and 
demands,  doth  not  comport  with  his  Majesties  said  intentions 
and  the  sense  of  the  House  of  Commons  on  that  occasion. 

Be  it  therefore  enacted  by  the  Governor,  Council  and  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  That  the  word  or  particle  and,  in  the  form  of  the 
bill  ordered  by  said  act  of  May  last  to  be  emitted,  be  repealed 
and  made  void,  and  the  same  is  hereby  repealed  and  made 
void,  and  the  said  bills  sliall  be  made  conformable  thereto. 
And  the  word  or  particle  arid,  in  the  last  paragraph  of  the  said 
act  of  May-last,  that  stands  between  the  words  all  jjayments, 
and  the  words  in  the  treasury,  and  also  these  words  in  the 
said  last  paragraph,  {yiz:^  former  contracts  by  specialty  for 
silver  only  and,  be  repealed,  and  the  same  are  hereby  repealed 
and  made  void. 

Ayid  be  it  further  enacted  by  the  authority  aforesaid.  That  the 
bonds  ordered  by  said  act  of  May  last  to  be  taken  to  this  gov- 
ernment, either  for  pi'incipal  loaned,  or  interest  thereof,  shall 
be  taken  for  lawful  money  of  this  Colony,  conditioned  as  in 
said  act  is  provided.  And  the  committee  for  the  loaning  the 
said  bills  in  the  respective  counties  are  to  take  notice  hereof 
and  conform  hereto  in  taking  said  bonds ;  anything  in  the 
said  act  to  the  contrary  notwithstanding. 

For  the  Support  of  the  Credit  of  the  Bills  of  the  New 

Tenour  emitted  in  May  last. 

This  Assembly  do  order  and   direct  the  Treasurer  of  this 

Colony  to  exchange  for  bills  of  the  new  tenour  that   may  be 

brought  in  by  the  possessor,  with    bills  of  the    old  tenour  of 

this  or  the  neighbouring  governments,  at  the   rate   of  <£250 

per  ce7it.  more  of  the  said  bills  of  the  old  tenour  for  those  of 

[62]  the  new  tenour  that  may  be  brought  to  him,  or  so  much  || 

per  cent,  as  the  old  tenour  bills    aforesaid    shall  bear  to  the 

new  tenour  at  the  rate  therein  expressed.     And  he  is  hereby 

further  directed,  that  he  shall  exchange  the  same  during  only 

the  sessions  of  this  Assembly  in  October  next,  and  so  during 

all  the  then  future  sessions  of  this  Assembly. 

An  Act  in  Addition  to  the   I_,aw  of  this  Colony  passed 

in  the  tenth  Year  of  the   Reign  of  her  late  Majesty 

Queen  Anne,  entituled  An  Act  for  Establishing   Su- 

periour  Courts,  &c.,  in  the   several  Counties   of  this 

Colony. 

Be  it  enacted  by  the  Governor,  Council  and  Representatives, 


1740.]  OP      CONNECTICUT.  361 

in  Grcneral  Court  assembled,  and  hjj  the  auiliirity  of  the  same, 
That  when  any  person  or  persons  shall  make  sugg-estion  to 
the  snperiour  court  of  judicature  over  this  Colony,  or,  in  the 
vacation,  to  the  chief  judge,  or  to  any  two  of  the  assisting- 
judges  of  said  court,  that  any  other  court  held  within  this 
Colony  do  exceed  their  jurisdiction,  or  do  hold  plea  of  any 
matter,  cause  or  thing,  whereof  by  law  such  court  hath  no 
jurisdiction,  that  in  every  such  case  the  said  snperiour  court, 
chief  judge,  or  two  assisting  judges,  to  whom  such  suggestion 
is  made,  shall  be,  and  are  hereby,  inipowered  to  grant  a  Writ 
of  Prohibition  to  the  court  that  hath  taken  or  do  take  cognizance 
iu  any  such  case  whereof  they  have  no  right  to  hold  plea  as 
aforesaid.  And  the  said  snperiour  court  is  hereby  further 
inipowered,  from  time  to  time,  to  proceed  and  give  judgment 
in  every  such  case  according  to  the  course  of  the  common  or 
statute  law,  as  the  nature  of  t!ie  case  may  require,  as  fully, 
absolutely  and  intirely  as  the  court  of  King's,  Bench,  in  that 
part  of  Great  Britain  called  England,  by  law  may  do.  And 
the  said  superior  court  shall  award  costs  as  in  other  cases 
brought  before  them,  and  grant  execution  accordingly. 

Upon  consideration  that  this  Assembl}^,  at  their  sessions  in 
May  last,  having  resolved  to  build  a  vessel  of  war,  and  ap- 
pointed a  committee  for  that  end,  which  committee  now  de- 
siring to  be  excused  from  that  service:  Tliis  Assembly  now 
appoints  Capt.  Giles  Hall  to  procure  or  cause  to  be  built,  for 
the  use  and  at  the  cost  of  this  government,  a  strong,  swift 
and  large  sloop,  of  about  one  hundred  tons,  every  way  com- 
pleatly  finished  and  rigged.  And  said  Giles  Hall  is  to  pro- 
vide suitable  carriage  and  swivel  guns,  powder  and  ball,  and 
to  take  a  sufficient  number  of  the  small  arms,  and  any  other 
suitable  warlike  instruments  now  at  New  London,  under  the 
care  of  this  government  and  in  the  hands  of  Mrs.  Mary 
Picket,  and  every  other  thing  proper  to  equip  a  vessel  of  war, 
well  to  guard  the  navigation  aud  sea-coast  of  this  Colony. 
And  the  said  Giles  Hall  is  i  hereby  inipowered  to  draw  out  of 
the  treasury  of  this  Colony  a  suitable  sum  or  sums  of  money 
for  the  end  aforesaid,  and  to  make  all  possible  dispatch  in  the 
premises,  and  lay  his  accounts  before  this  Assembly  at  their 
sessions  in  May  next. 

Resolved  hy  this  Assembly,  That  his  Honour  the  Governor 
be  desired  to  transmit  to  Francis  Wilks,  Esq"",  Agent  of  this 
Colony,  one  of  each  of  the  several  bills  of  exchange  now 
lodged  in  the  hands  of  the  Secretary,  with  directions  to  him 
to  get  them  accepted  for  payment ;  and  that  his  Honour  be 
desired,  with  the  advice  of  the  Council  of  War,  to  send  to 
46 


362  PUBLIC      RECORDS  [Nov. 

him  to  purchase  warlike  stores,  of  such  kinds  and  in  such 
quantities  as  they  shall  direct ;  and  farther,  to  enable  him  to 
purchase  and  pay  for  them,  his  Honour  the  Governor  is  de- 
sired to  endorse  one  of  the  said  bills  to  be  paid  to  the  said 
agent  or  his  order. 

[63]  This  Assembly  having  received  information  that  their 
Lordships  of  the  Board  of  Trade  have  given  their  report  in 
favour  of  granting  a  new  commission  of  review  by  his  Ma- 
jesty, in  the  affair  of  the  Mohegan  Indians,  and  not  knowing 
how  soon  a  new  commission  may  be  granted  and  commission- 
ers appointed,  and  a  new  tryal  of  that  affair  brought  on : 
Therefore, 

Resolved  by  this  Assembly^  That  Thomas  Fitch  and  Elislia 
Williams,  Esq""^,  be  a  committee,  wlio,  upon  the  receipt  of  the 
new  commission,  or  due  notice  of  the  appointment  aforesaid, 
are  hereby  instructed  to.  make  the  necessary  preparations  for 
the  new  tryal  of  that  affair.  And  the  agents  who  were  ap- 
pointed and  authorized  by  this  Assembly,  in  their  sessions  in 
May,  1738,  are  hereby  further  authorized  and  impowercd  to 
appear,  and  make  the  necessary  defence  on  the  behalf  of  the 
government,  on  that  affair.  And  the  Treasurer  of  this  Col- 
ony is  thereupon  directed  and  ordered,  (by  order  from  the 
Governor  and  Assistants  in  the  town  of  Hartford,)  to  deliver 
into  the  hands  of  the  said  agents,  and  to  the  aforesaid  com- 
mittee, what  money  shall  be  thought  needful  for  the  purposes 
aforesaid. 

An  Act  for  Levying  a  Tax  upon  Polls,  &e. 

This  Assembly  grants  a  rate  or  tax  of  one  half-penny  on 
the  pound  on  all  the  polls  and  rateable  estate  in  this  govern- 
ment ;  to  be  paid  into  tlie  publick  treasury  in  old  tenour  bills 
of  credit  of  this  Colony,  with  the  usual  advance  of  twelve 
pence  on  the  pound,  or  in  true  bills  of  credit  of  four  signers 
of  the  Massachusetts  Bay,  or  in  true  bills  of  credit  of  New 
York,  without  advance  on  them,  or  in  silver  money  as  it  pass- 
eth  in  the  country. 

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

This  Assembly  do  establish  and  confirm  Mr.  James  Wright 
to  be  Lieutenant  of  the  company  or  trainband  at  the  north 
parish  in  the  town  of  Lebanon,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  grants  to  his  Honour  the  Governor  the  sum 
of  fifty  pounds,  for  the  extraordinary  charge  he  hath  been  at, 


1740.]  OF      CONNECTICUT.  363 

and  service  done  for  this  government  this  present  year,  to  be 
paid  out  of  the  pubUck  treasury  of  this  Colony. 

This  Assembly  grants  to  his  Honour  the  Deputy  Governor 
twenty  pounds,  for  his  extraordinary  services  for  the  present 
year. 

Considering  the  extraordinary  difficulty  in  travelling  to  and 
from  this  Assembly  at  this  time  : 

It  is  7-esolved  hy  this  Assemhhf^  That  the  travel  of  both  As- 
sistants and  Representatives  for  this  sessions  shall  be  double 
to  what  it  used  to  be. 

[64]  And  it  is  further  resolved  hy  this  Assembly^  That  the 
debentures  to  be  made  up  for  the  travel  and  wages  of  the 
several  Assistants  and  Representatives  at  this  Court,  shall  be 
made  up  and  estimated  in  bills  of  the  new  tenour  at  the  rate 
of  250  per  cent,  advance  for  those  bills  above  what  used  to  be 
allowed  when  made  and  estimated  in  bills  of  the  old  tenour. 
The  Treasurer  is  also  hereby  ordered  and  directed  to  pay  this 
Assembly  their  wages  in  bills  of  the  new  tenour. 

This  Assembly  appoint  Nathaniel  Stanly,  Esq'',  William 
Pitkin,  Esq"",  Elisha  Williams,  Esq"",  Capt.  John  Mash  and 
Mr.  Joseph  Bucrdngham,  to  be  a  committee  to  attend  his 
Honour  the  Governour  at  the  Council  chamber  in  Hartford, 
to  hear  the  records  of  this  Assembly  read  off,  and  then  the 
Secretary  to  sign  the  same  as  perfect  and    compleat. 

The  several  Acts,  Grants  and  Orders  of  this  Assembly,  as 
they  stand  entered  on  the  pages  of  this  book  next  preceding, 
were  read  off  in  the  presence  of  his  Honour  the  Governour, 
Nath'.  Stanly,  Esq"",  Capt.  John  Marsh  and  Mr.  Joseph  Buck- 
ingham, of  the  committee  abovenamed,  and  by  them  ordered 
to  be  signed  as  perfect  as  compleat. 

George  Wyllys,  Secreti'y. 


[65]      Ayino  Regyii  Regis  Creorgii  secundi  decimo-quarto. 

Connecticut 
Colony. 

At  a  General  Assembly  holden  at  Hartford  in  his  Majes- 
ty's English  Colony  of  Connecticut  in  New  England  in 
America,  on  the  second  Thursday  of  May,  (being  the 
14th  day  of  said  month,)  and  .continued  by  several  ad- 
journments until  the  5th  day  of  June  next  following, 
Annoque  Domini,  1741.* 

Present : 
The  Honourable  Joseph  Talcott,  Esquire,  Governor. 

*The  Journal  of  neither  House  is  found. 


As- 

sist- 
ants. 


364  PUBLIC     RECORDS  [May, 

The  Honbie  Jonathan  Law,  Esq%  Deputy  Governor. 

Rooer  Wolcott,  Esq^,         Samuel  Lyncle,  Esqs 

James  Wadsworth,  Esq"",  William  Pitkin,  Esq"", 

Nathaniel  Stanly,  Esq%    Thomas  Fitch,  Esq^, 

Joseph  Whiting,  Esq^,      Ebenezer  Silliman,  Esq%         f 

Ozias  Pitkin,  Esqs  Jonathan  Trumble,  Esq--,        | 

Timothy  Pierce,  Esq"",      Hezekiah  Huntington,  Esq"",  j 

Representatives  or  Deputies  that  tvere  returned  to  attend  at 
this  Assemhly  are  asfolloiv,  (viz.) 

Capt.  John  Marsh,  Capt.  Joseph  Pitkin,  for  Hartford. 

Mr.  John  Richards,  Capt.  Daniel  Coit,  for  New  London. 

Colo.  Jabez  Huntington,  Mr.  Jon^'i  Huntington,  for  Wind- 
ham. 

Mr.  Ebenezer  West,  Mr.  Ebenezer  Gray,  for  Lebanon. 

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

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

Capt.  John  Buel,  Mr.  Ebenezer  Marsh,  for  Litchfield.     . 

Capt.  James  Bebee,  Mr.  Thomas  Benedict,  for  Danbury. 

Mr.  John  Kesson,  Mr.  John  Dickson,  for  Voluntown. 

Capt.  Leicester  Grosvenor,  Capt.  Noah  Sabin,  for  Pomfrett. 

Major  Roger  Newton,  Capt.  John  Fowler,  for  Milford. 

Capt.  Thomas  Storrs,  Mr.  Experience  Porter,  for  Mansfield. 

Capt.  Isaac  Dickerman.  Mr.  John  Hitchcock,  for  New  Haven. 

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

Mr.  Joshua  Huntington,  Mr.  Isaac  Huntington,  for  Norwich. 

Capt.  John  Russell,  Mr.  Jon^h.  Butler,  jun.,  for  Branford. 

Mr.  Elnathan  Stephens,  Mr.  Joseph  Wilcox,  for  Killings- 
worth. 

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

Mr.  Johu  Betts,  Mr.  John  Belden,  for  Norwalk. 

Mr.  Jabez  Mead,  Capt.  Nathaniel  Peck,  for  Greenwich. 

Capt.  Theophilus  Nickols,  Capt.  David  Judson,  for  Stratford. 

Capt.  Nath'.  Bostwick,  Mr.  Sam'.  Canficld,  for  New  Milford. 

Mr.  Anthony  Judd,  Mr.  John  Hart,  for  Farmingtown. 

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

Colo.  Sam'  Hill,  Capt.  Timo.  Stone,  for  Guilford. 

[QQ^  Mr.  Hezh  Brainerd,  for  Haddam. 

Colo.  John  Bulkley,  Capt.  Israel  Newton,  for  Colchester. 

Capt.  Hezh.  Gay  lord,  Capt.  Joseph  Phelps,  for  Hebron. 

Capt.  Elihu  Chauncey,  Capt.  Robert  Fairchild,  for  Durham. 

Mr.  Shepard  Fisk,  Mr.  Uriah  Horsmer,  for  Killingly. 

Capt.  Jabez  Fitch,  Colo.  John  Dyer,  for  Canterbury. 

Mr.  John  Southmaid,  Mr.  Stephen  Hopkins,  for  Waterbury. 

Mr.  Sam'  Tomlinson,  Mr.  Abell  Gun,  for  Derby. 

Mr.  Thomas  Stephens,  Mr.  John  Douglass,  for  Plainfield. 

Colo.  Ciiristopher  Avery,  Mr.  tlumphrey  Avery,  for  Groton. 


1741.]  OF      CONNECTICUT.  365 

Colo.  Samuel  Willard,  Mr.  Jedadiah  Chapman,  for  Saybrook. 

Mr.  Isaac  Spencer,  for  East  Haddam. 

Capt.  Stephen  Lee,  Major  Dan'  Ely,  for  Lyme. 

Mr.  John  Breed,  Mr.  Simeon  Minor,  for  Stoningtown. 

Mr.  Noah  Hinman,  Mr.  Kniel  Mitcliell,  for  Woodbury. 

Colo.  Jonathan  Hoit,  Capt.  Jonathan  Maltbye,  for  Stanford. 

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

Mr.  Hczekiah  Parkes,  Mr.  Joseph  Billings,  for  Preston. 

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

Mr.  Isaac  Kendal,  Mr.  James  Bicknal,  for  Ashford. 

Colo.  Benja.  Hall,  Capt.  Samuel  Hall,  for  Wallingford. 

Mr.  James  Benedict,  for  Ridgefield. 

Mr.  Elisha  Williams,  Speaker,  )  of  the  House  of  Repre- 
Capt.  John  Russell,  Clerk,  (  sentatives. 
This  day  being  appointed  by  the  royal  charter  and  the  laws  of 
this  Colony  for  the  election  of  the  publick  officers  of  this  corpora- 
tion, (viz .')  Governor,  Deputy  Governor,  Assistants,  Treasurer, 
and  Secretary, — proclamation  was  made,  and  the  freemen  pro- 
ceeded to  give  in  their  votes  to  persons  appointed  by  the  Gov- 
ernor, Council  and  Representatives,  to  receive,  sort  and  count 
them  ;  which  persons  were,  Joseph  Whiting,  Esq'',  Ozias  Pit- 
kin, Esq^  Timothy  Pierce,  Esq'",  Samuel  Lynde,  Esq"",  William 
Pitkin,  Esq'',Ebenezer  Silliman,  Esq^,  Hezekiali  Huntington, 
Esq^  Colo.  John  Chester,  Mr.  Roger  Wolcott,  jun.,  Colo. 
Benjamin  Hall,  Capt.  John  Fowler,  Mr.  John  Richards,  Colo. 
Samuel  Willard,  Capt.  Samuel  Burr,  Capt.  David  Judson,  and 
Capt.  Jabez  Fitch,  and  Mr.  Ebenezer  Gray.  And  the  freemen's 
votes  being  brought  in,  sorted  and  counted. 

The  Honourable  Joseph  Talcott,  Esquire,  was  chosen  Gov- 
ernor of  this  Colony  for  the  year  ensuing  ;  and  the  Governor's 
o/ith,  and  the  oath  required  by  act  of  Parliament  relating 
to  trade  and  navigation,  were  administred  to  him  in  the  pres- 
ence of  the  Assembly. 

The  Honourable  Jonathan  Law,  Esquire,  was  chosen  Deputy 
Governour  of  this  Colony  for  the  year  ensuing,  and  the  Deputy 
Governor's  [oath]  was  administred  to  him  in  the  presence  of 
the  Assembly. 

Roger  Wolcott,  Esqi",  Samuel  Lynde,  Esqf", 

James  Wadsworth,  Esq'',  William  Pitkin,  Esq'', 

Nath"  Stanly,  Esq%  Thomas  Fitch,  Esq'', 

Joseph  Whiting,  Esq'",  Ebenezer  Silliman,  Esqr, 

Ozias  Pitkin,  Esq'',  Jonath.  Trumble,  Esq"", 

Timothy  Pierce,  Esq'',  Hez''  Huntington,  Esqi", 

were  chosen  Assistants  for  the  year  ensuing,  and  had  the  As- 
sistant's oath,  provided  by  law,  administred  to  them  by  his 
Honour  the  Governor  accordingly. 


366  PUBLIC     RECORDS  [May, 

[67]  John  Whiting,  Esq"",  was  chosen  Treasurer  of  this 
Colony  for  the  year  ensuing. 

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

Tills  Assembly  do  appoint  the  Honourable  Jonathan  Law, 
Esqr,  to  be  Chief  Judge  of  the  Superior  Courts  in  this  Col- 
ony for  the  year  ensuing. 

This  Assembly  do  appoint  Roger  Wolcott,  Esq'",  James 
Wadsworth,  Esq"-,  Joseph  Whiting,  Esq^,  Ehsha  Williams, 
Esq"",  to  be  Judges  of  the  Superior  Courts  in  this  Colony  the 
year  ensuing. 

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

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

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

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

This  Assembly  do  appoint  the  Honourable  Joseph  Talcott, 
Esqr,  to  be  Judge  of  the  Courts  of  Probate  in  the  county  of 
Hartford  for  the  year  ensuing. 

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

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

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

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


1741.]  OF      CONNECTICUT.  367 

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

This  Assembly  do  appoint  Joseph  Minor,  Esq^,  to  be  Judge 
of  the  Courts  of  Probate  in  the  district  of  Woodbury  for  the 
year  ensuing. 

This  Assembly  do  appoint  Jonathan  Hoit,  Esq^,  to  be  Judge 
of  the  Coui'ts  of  Probate  in  the  district  of  Standford  for  the 
year  ensuing. 

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

This  Assembly  do  appoint  John  Hooker,  Samuel  Mather, 
David  Goodrich,  William  Wadsworth,  Hezekiah  Wyllys,Elisha 
Williams,  Giles  Hall,  Jabez  Hamlin,  Joseph  White,  Thomas 
Hart,  Thomas  Hart,*  John  Humphrey,  Samuel  Griswould, 
Hezekiah  Brainerd,  Sam'  Olmstead,  Jolm  Bulkley,  Nathaniel 
Foot,  Israel  Newton,  Jonathan  Hale,  Benjamin  Skinner,  Joseph 
Phelps,  Samuel  Cha])man,  John  Buel,  Joseph  Bird,  Joseph 
Buckingham,  David  Whitney,  Samuel  Lewiss,  Roger  Wolcott 
jr.,  Isaac  Spencer,  Zebulon  West  and  John  Merrick,  Esq''^,  to 
be  Justices  of  the  Peace  in  and  for  the  county  of  Hartford  for 
the  year  ensuing. 

[68]  This  Assembly  do  appoint  Samuel  Eells,  John  Riggs, 
John  Russell,  Samuel  Hill,  and  Isaac  Dickerman,  Esqi'S  to  be 
Justices  of  the  Peace  and  Quorum  in  and  for  the  county  of 
New  Haven  for  the  year  ensuing. 

This  Assembly  do  appoint  Samuel  Bishop,  James  Hooker, 
Roger  Newton,  Theophilus  Yale,  Samuel  Gun,  Andrew  Ward, 
Samuel  Hall,  John  Bostwick,  Benjamin  Hall,  Timothy  Hop- 
kins, Thomas  Clark,  John  Prout,  William  Gould,  Roger  Brown- 
son,  Benjamin  Hand,  Samuel  Bassett,  John  Southmaid,  Sam- 
uel Hopson,  Nath'  Skinner,  and  Elihu  Chauncey,  Esq""*,  to  be 
Justices  of  the  Peace  in  and  for  the  county  of  New  Haven  for 
the  year  ensuing. 

This  Assembly  do  appoint  Joshua  Hempstead,  John  Gris- 
would, Christopher  Avery,  Richard  Lord,  Isaac  Huntington, 
Esqrs,  to  be  Justices  of  Peace  and  Quorum  in  and  for  the 
county  of  New  London  for  the  year  ensuing. 

This  Assembly  do  appoint  Abraham  Pierson,  David  Buel, 
John  Lane,  Samuel  Willard,  Joseph  Blague,  Nathaniel  Clark, 
Jedadiah  Chapman,  Thomas  Lee,  Daniel  Ely,  John  Richards, 

*In  the  original  bill,  Civil  Officers  ^-c,  III,  6,  the  title  of  Capt.  is  prefixed  to  this 
second  Thomas  Hart. 


368  PUBLIC     RECORDS  [May, 

Jeremiah  Miller,  Joshua  Raymond,  Jabez  Hide,  Jabez  Per- 
kins, Josluia  Huntington,  John  Cook,  Jedadiah  Tracy,  Heze- 
kiah  Park,  James  Avery,  Humphrey  Avery,  Luke  Perkins, 
John  Ledyard,  Theophilus  Baldwin,  Joseph  Palmer,  Increase 
Billino-s,  John  Whiting,  Joseph  Denison,  Simeon  Minor,  Daniel 
Coit,  Gurdon  Saltonstall  and  Isaac  Tracy,  Esq^s,  Justices  of 
the  Peace  in  and  for  tlie  county  of  New  London  for  the  year 
ensuing. 

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

This  Assembly  do  appoint  John  Burr,  Joseph  Piatt,  Samuel 
Handford,  John  Grigory,  Joseph  Minor,  James  Bebee,  Samuel 
Hoit,  Thomas  Tousey,  James  Lockwood,  Jonathan  Maltbie, 
Ebenezer  Mead,  Nathaniel  Peck,  James  Reynolds,  Theophilus 
Nickols,  Ephraim  Curtiss,  Joseph  Blackleach,  James  Benedict, 
Thomas  Benedict,  Ebenezer  Smith,  Benjamin  Hecock,  John 
Read,  Noah  Hinman,  Job  Sherman,  Samuel  Burr,  Samuel 
Sherwood,  to  be  Justices  of  the  Peace  in  and  for  the  county 
of  Fairfield  for  the  year  ensuing. 

This  Assembly  do  appoint  Ebenezer  West,  Jonathan  Hunt- 
ington, Elisha  Pain,  and  Shubael  Conant,  Esq""*,  to  be  Jus- 
tices of  the  Peace  and  Quorum  in  and  for  the  county  of 
Windham  for  the  year  ensuing. 

This  Assembly  do  appoint  Joseph  Strong,  John  W^->odward, 
Joseph  Leavinz,  Peter  Buel,  Leicester  Grosvenor,  Joseph  Ca- 
dey,  John  Crery,  Thomas  Stores,  Ebenezer  Wales,  Ebenezer 
Dow,  Jacob  Dana,  Thomas  Tiffany,  Joseph  Fowler,  Thomas 
Steadman,  and  Isaac  Kendal,  Esq-'s  to  be  Justices  of  the  Peace 
'in  and  for  the  county  of  Windham  for  the  year  ensuing. 

This  Assembly  do  appoint  Capt.  Ebenezer  Gray,  Mr.  Ger- 
shom  Clark,  Mr.  Nathaniel  Huntington,  and  Colo.  John  Dyer, 
to  be  Justices  of  the  Peace  in  and  for  the  county  of  Windiiam 
for  the  year  ensuing. 

This  Assembly  do  establish  and  confirm  Mr.  John  D wight 
to  be  Captain  of  the  second  company  or  trainband  in  the  town 
of  Killingly,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Uriah  Horsmer 
to  be  Lieutenant  of  the  second  company  or  trainband  in  the 
town  of  Killingly,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Treat 
to  be  Lieutenant  of  the  1st  company  or  trainband  in  the  town 
of  Milford,  and  order  that  he  be  commissioned  accordingly.  . 


1741.]  OP     CONNECTICUT.  369 

[69]  This  Assembly  do  establish  and  con  firm  Mr.  Samuel 
Buckingham  to  be  Ensign  of  the  first  company  or  trainband 
in  the  town  of  Milford,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Timothy  Par- 
sons to  be  Lieutenant  of  tlie  first  company  or  trainband  in  the 
town  of  Durham,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Ebenezer  Gern- 
sey  to  be  Ensign  of  the  first  company  or  trainband  in  the  town 
of  Durham,  and  order  that  he  be  commissioned  accordingly. 
This  Assembly  do  establish  and  confirm  Mr.  Abraham  Bart- 
lett  to  be  Lieutenant  of  the  second  company  or  trainband  in 
the  town  of  Durham,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Whiting 
to  be  Captain  of  the  fourth  company  or  trainband  in  the  town 
of  Stoningtown,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Els- 
worth  to  be  Captain  of  the  seventh  company  or  trainband 
in  the  town  of  Windsor,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Isaac  Hubbard 
to  "be  Lieutenant  of  the  seventh  company  or  traiiiband  in  the 
town  of  Windsor,  and  order  that  he  bo  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Richard  Smith 
to  be  Ensign  of  the  seventh  company  or  trainband  in  the  town 
of  Windsor,  and  order  that  he  be  commissioned  accordingly. 
Tliis  Assembly  do  establish  and  confirm  Mr.  Ebenezer 
Avery,  jun.,  to  be  Ensign  of  the  1st  company  or  trainband  hi 
the  town  of  Groton,  and  order  that  lie  [be]  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Ralph  Stod- 
dard, jun.,  to  be  Lieutenant  of  tbe  second  company  or  train- 
band in  the  town  of  Groton,  and  order  that  he  be  commis- 
sioned accordingly. 

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

This  Assembly  do  establish  and  confi.rm  Mr.  Robert  Walker, 
47 


370  PUBLIC    RECORDS  [May, 

jun.,  to  be  Lieutenant  of  the  north  company  or  trainband  in 
the  town  of  Stratford,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr,  William  Peet 
to  be  Captain  of  the  company  or  trainband  at  the  parish  of 
Unity  in  the  town  of  Stratford,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Josiah  Beacli 
to  be  Lieutenant  of  the  company  or  trainband  in  the  parish  of 
Unity  in  the  town  of  Stratford,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Nickols 
to  be  Ensign  of  the  company  or  trainband  in  the  parish  of 
Unity  in  the  town  of  Stratford,  and  order  that  he  be  commis- 
sioned accordingly. 

Tliis  Assembly  do  establish  and  confirm  Mr.  John  Pundcr- 
son,  jun.,  of  New  Haven,  to  be  Ensign  of  the  first  company  or 
trainband  in  the  town  of  New  Haven,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr  Samuel  Sher- 
man to  be  Captain  of  the  4th  company  or  trainband  in  the 
town  of  New  Haven,  and  order  that  he  be  commissioned  ac- 
cordingly. 

[70]  This  Assembly  do  establish  and  confirm  Mr.  Eben- 
ezer  Gray  to  be  Captain  of  the  south  company  or  trainband  in 
the  first  society  in  tlie  town  of  Lebanon,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Elisha  An- 
drews to  be  Ensign  of  the  second  company  or  trainband  in 
the  town  of  Glassenbury,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas  Steph- 
ens to  be  Captain  of  the  first  company  or  trainband  in  the 
town  of  Plainfield,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jolin  Douglas 
to  be  Lieutenant  of  the  first  company  or  trainband  in  the  town 
of  Plainfield,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Row- 
land to  be  Captain  of  the  second  company  or  trainband  in  the 
town  of  Fairfield,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Dimon 
to  be  Lieutenant  of  the  second  company  or  trainband  in  the 


1741.]  OF      CONNECTICUT.  371 

town  of  Fairfield,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Bing- 
ham to  be  Captain  of  the  second  company  or  trainband  in  the 
town  of  Windham,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Cook 
to  be  Ensign  of  the  second  company  or  trainband  in  the 
town  of  Windham,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  John  Bene- 
dict to  be  Captain  of  the  first  company  or  trainband  in  the 
town  of  Danbury,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Bissell 
to  be  Cornet  of  the  Troop  in  the  1st  regiment  in  the  Colony 
of  Connecticut,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Wads- 
worth  to  be  Quarter  Master  of  the  Troop  in  the  first  regiment 
of  this  Colony,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Caleb  Hide  to 
be  Captain  of  the  north  company  or  trainband  in  the  first  so- 
ciety in  the  town  of  Lebanon,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Timothy  Clark 
to  be  Lieutenant  of  the  north  company  or  trainband  in  the 
first  society  in  the  town  of  Lebanon,  and  order  that  he  be  com- 
missioned accordingly. 


372  PUBLIC      RECORDS  l^^^J, 

[71]  This  Assembly  do  establish  and  confirm  Mr.  Joseph 
Marsh,  jiin.,  to  be  Ensign  of  the  north  company  or  trainband 
in  the  first  society  in  the  town  of  Lebanon,  and  order  that 
he  be  commissioned  accordingly. 

Tliis  Assembly  do  establish  and  confirm  Mr.  John  Avery  to 
be  Captain  of  the  first  company  or  trainband  in  the  town  of 
Preston,  and  order  that  lie  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  William  Wit- 
tar  to  be  Lieutenant  of  the  first  company  or  trainband  in  the 
town  of  Preston,  and  order  that  he  be  commissioned  accord- 
ingly. 

Ordered  hy  this  Assemlli/,  That  Jonathan  Trumble,  Esq^", 
and  Mr.  Ebenezer  Gray  return  the  thanks  of  the  Assembly 
to  the  Reverend  Mr.  Soloman  Williams,  for  his  sermon  deliv- 
ered before  the  Assembly  on  the  14th  instant,  and  desire  a 
copy  thereof,  that  it  may  be  printed. 

This  Assembly  do  appoint  Joseph  Whiting,  Esq^  Jonathan 
Trumble,  Esq"",  Mr.  John  Richards,  Mr.  Jonathan  Hale,  Capt. 
Robert  Fairchild,  Mr.  John  Belden,  Capt.  Elienezer  Gray,  and 
Major  Jal)ez  Hamlin,  to  be  Auditors  to  audit  the  Colony  ac- 
counts with  the  Treasurer,  and  make  report,  &c. 

Ordered  hy  this  Assembly,  That  tlie  Treasurer  of  this  Col- 
ony exchange  the  halved  and  quartered  bills  of. credit  of  this 
Colony  above  the  denomination  of  three  shillings,  that  shall 
be  brought  to  him  by  any  person  during  the  sessions  of  this 
Assembly,  and  no  longer. 

Upon  the  prayer  of  Atchetoset,  an  Indian  native,  represent- 
ing to  this  Assembly  that  himself  and  family  do  desire  to  be 
instructed  in  the  christian  religion,  and  that  his  children  may 
be  taught  to  read,  and  that  thereby  they  may  witli  greater  ease 
understand  the  principles  of  said  religion  ;  and  further  setting 
forth,  that  he  is  unable  to  be  at  the  costs  of  schooling  his 
children  and  for  sustaining  them  with  food  at  the  same  time  ; 
and  thereupon  praying  for  some  relief  from  this  Assembly: 
Whereupon  this  Assembly  do  desire  his  Honour  the  Governor 
to  encourage  the  said  Atchetosett  in  his  good  purposes ;  and 
accordingly  that  his  Honour  direct  and  appoint  the  Reverend 
Mr.  Anthony  Stoddard  and  Lt.  Colonel  Preston,  to  take  care 
that  the  said  Indian  be  instructed  according  to  his  desire,  and 
that  his  children  be  schooled  and  t^iught  the  principles  of  the 
christian  religion,  and  victualled  ;  and  that  twenty  pounds  of 
the  money  raised  liy  contribution  and  in  the  hands  of  Nathan- 
iel Stanly,  Esq^,  be  improved  in  the  said  service ;  and  that 
his  Honour  be  desired  to  inform  the  said  Mr.  Stoddard  and 
Lt.  Colonel  Preston  thereof,  that  they  may  be  forward  with  tlie 


1741.]  OF      CONNECTICUT.  373 

affair;  and  that  upon  due  pi-oof  that  the  said  pei'sons  appointed 
as  abovesaid  have  gone  forward  in  the  said  affair,  that  the 
Governor  be  desired  to  send  the  said  sum  (or  so  much  thereof 
as  may  l)e  then  expended)  to  them,  that  such  charge  may  be 
defrayed. 

Upon  the  memorial  of  Daniel  Mix,  of  Wallingford  in  New 
Haven  county,  administrator  on  the  estate  of  Ruth  Mix,  late 
of  Wallingford,  deceas'd,  slievving  lo  this  Assembly  that  the 
debts  due  from  the  estate  of  the  said  deceas'd  surmount  the 
moveable  estate  the  sum  of  <£184  14s.  Od.,  and  praying  for 
liberty  to  sell  land,  &c. :  Granted  by  this  Assembly  liljerty  to 
sell  so  much  of  the  lands  of  the  said  deceas'd  as  to  enable  the  ■ 
said  administrator  to  pay  the  aforesaid  debts  with  the  necessary 
charges  arising  on  the  sale  of  said  lands.  And  Thomas  Yale 
of  said  Wallingford  is  hereby  authorized  to  make  sale  of  the 
same,  taking  the  advice  of  the  court  of  probate  in  the  district 
of  New  Haven. 

[72]  This  Assembly  being  informed  of  the  broken  and  con- 
fused circumstances  that  the  parish  of  Northberry  in  Water- 
bury  are  at  present  under  in  all  their  publick  affairs,  not 
having  any  regular  society  meeting  or  officer,  and  that  the  said 
society  may  not  be  further  involved  in  difficulties  and  ruined  : 
It  is  resolved  by  this  Assembly,  that  Colo.  Benjamin  Hall,  and 
Capt.  John  Riggs  of  Derby,  be  a  committee  to  repair  to  said 
society,  with  full  power  to  warn  said  society  to  meet  together, 
and  to  lead  and  conduct  said  society  in  the  choice  of  proper 
officers  for  the  same,  and  to  advise  and  direct  them  where 
they  shall  meet  on  the  sabbath,  for  publick  worship  in  said  so- 
ciety, and  for  what  term  of  time  ;  and  the  said  society,  and 
all  the  inhabitants  thereof,  are  hereby  required  to  conform 
themselves  to  the  advice  and  direction  of  said  committee  in 
every  respect,  on  pain  of  incurring  the  great  displeasure  of  this 
Assembly.  And  the  said  committee  are  directed  to  view  the 
circumstances  of  the  said  society,  and  hear  the  parties  con- 
cerned in  the  premises,  and  give  them  their  opinion,  what 
is  best  to  be  done  with  respect  to  getting  a  place  affixed  for 
them  to  build  a  meeting  house  upon,  and  at  what  time;  and 
to  make  report  of  their  opinion  on  the  whole  of  the  premises 
to  this  Assemljly  in  October  next. 

The  Additions   to  the   Lists   of  Estate  of  the   several 
Towns  in  this   Government  hereafter  mentioned, 
sent  in  to  this  Assembly,  are  as  follow,  (viz:) 
Single  Addition.  Fourfold  Assessment. 

£      s.     d.  £    s.    d. 

To  Stanford,  675  10     6     -        -   ^     -  8     0     0 

To  Greenwich,      1761     6     0         -        -        - 


374  PUBLIC    RECORDS  [May, 


80  16     0 


1503  12     0 


150     8     0 


To  Colchester, 

1664 

0 

0 

To  New  London, 

1983 

6 

0 

To  Lyme^ 

1298 

2 

0 

To  Canterbury, 

751 

9 

0 

To  Savbrook, 

202 

6 

6 

To  Hebron, 

24 

0 

0 

To  Derby, 

86 

3 

3 

To  Ashford, 

463 

15 

0 

To  Windsor, 

879 

18 

0 

To  Stonington, 

1845 

8 

6 

To  Oroton, 

516 

5 

6 

To  Norwalk, 

317 

12 

0 

To  Waterbury, 

1105 

0 

0 

To  Woodbury, 

474 

0 

0 

To  Guilford, 

31 

1 

6 

To  Plainfield, 

942 

9 

0 

To  New  Milford, 

534 

8 

0 

To  East  Haddam 

,      31 

10 

0 

To  Norwich, 

176 

13 

6 

To  Brand  ford. 

42 

0 

0 

To  Windham, 

403 

9 

0 

To  Hartford, 

12 

14 

3 

To  Mansfield, 

1022 

17 

0 

To  New  Haven, 

1223 

19 

6 

To  Haddam, 

226 

0 

6 

To  Coventry, 

344 

12 

0 

To  Milford, 

237 

2 

6 

To  Preston, 

233 

0 

0 

To  Weathersfield 

,    915 

18 

0 

To  Wallingford, 

1366 

2 

6 

To  Killingworth, 

395 

12 

6 

To  Stratford, 

410 

16 

6' 

To  Glassenbury, 

661 

14 

6 

To  Midletown, 

939 

13 

0 

188 

0 

0 

719 

2 

0 

202 

4 

0 

8 

0 

0 

680 

3 

0 

1054     2     0 


27 

4     0 

426 

0     0 

72 

8     0 

238     8     0 


144     0     0 

[73J  This  Assembly  do  establish  and  confirm  Mr.  Joseph 
Craft  to  be  Captain  of  the  second  company  or  trainband  in 
the  town  of  Pomfrett,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Ingals  to 
be  Lieutenant  of  the  second  company  or  trainband  in  the 
town  of  Pomfrett,  and  order  that  he  be  commissioned  accord- 
ingly-      . 

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


1741.]  OF      CONNECTICUT.  375 

This  Assembly  do  establisli  and  confirm  Mr.  Josiah  Meiggs 
to  be  Ensign  of  [the]  company  or  trainband  at  the  parish  of 
East  Guilford  in  the  town  of  Guilford,  and  order  that  he  be 
commissioned  accordingly. 

Upon  the  memorial  of  Joseph  Phelps  of  Symsbury,  shew- 
ing to  this  Assembly  that  he  hath  lately  had  several  bills  of 
credit  of  this  Colony  cons\iraed  in  the  flames,  and  praying 
that  he  may  receive  the  sum  consumed,  as  aforesaid,  out  of 
the  pnblick  treasury  of  this  Colony:  This  Assembly  do  herel)y 
order  and  direct  the  Treasurer  of  this  Colony  to  pay  unto  the 
said  Joseph  Phelps  the  sum  of  six  pounds  fourteen  shillings 
and  six  pence  out  of  the  publick  treasury  of  this  Colony,  it 
being  the  sum  consumed  as  aforesaid. 

This  Assembly  do  establish  and  confirm  Mr.  Stephen  Upson 
to  be  Lieutenant  of  the  company  or  trainband  in  the 

town  of  Watcrbury,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Judd  to 
be  Ensign  of  the  company  or  trainlmnd  in  the  town 

of  Waterbury,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Cowles 
to  be  Captain  of  the  first  company  or  trainband  at  the  parish 
of  Kensington  in  the  town  of  Farmingtown,  and  order  that 
he  be  commissioned  accordingly. 

This  Assembly  do  establish  Mr.  Samuel  Langton  to  be 
Lieutenant  of  the  first  company  or  trainband  at  the  parish  of 
Kensington  in  the  town  of  Farmingtown,  and  order  that  he 
be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel 
Hart  to  be  Ensign  of  the  first  company  or  trainband  at  the 
parisli  of  Kensington  in  the  town  of  Farmingtown,  and  order 
that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Ebenezer  Dart 
to  [b^]  Captain  of  the  company  or  trainband  at  the  parish 
of  Midle-Haddam  in  the  town  of  Midletown,  and  order  that 
he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  David  Sher- 
man to  be  Lieutenant  of  the  company  or  trainband  at  the 
parish  of  Stratfield,  in  the  town  of  Fairfield,  and  order  that 
he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Sher- 
wood to  be  Ensign  of  the  company  or  trainband  in  the  parish 
of  Stratfield  in  the  town  of  Fairfield,  and  order  that  he  be 
commissioned  accordingly. 


370  PUBLIC     RECORDS  [May, 

On  the  uiemorial  of  Capt.  John  Whiting,  Treasurer : 
Granted  the  sura  of  one  penny  on  tlie  pound  old  tenour  l)ills, 
for  his  troul)le  in  loaning  out  the  last  bank-money. 

[74]  Granted  to  Mr,  Timothy  Green,  printer,  the  sum  of  forty 
pounds,  for  his  half  year's  salary :  consideration  being  had  to 
his  services  being  extraordinary  the  last  year. 

Granted  to  Mr.  Timothy  Green,  printer,  tlie  sum  of  sixty- 
five  pounds,  for  printing,  cutting,  and  carrying  to  Hartford, 
the  nineteen  thousand  pounds  bills  of  credit  ordered  to  be 
struck,  &c.,  (four  thousand  pounds  thereof)  by  the  General 
Assembly  in  May  last,  and  (fifteen  thousand  pounds  thereof) 
by  the  General  Assembly  at  their  special  sessions  in  July 
last. 

An  Act  to   prevent  the    Exportation  of  Grain,  Flower 
and  Bread  out  of  this  Colony  in  a  Time  of  Scarcity. 

Whereas  the  exportation  of  wheat  and  other  sorts  of  grain 
and  flower  out  of  this  Colony  in  a  time  of  great  scarcity  may 
reduce  many  of  our  inhabitants  greatly  to  suffer  or  perisli 
with  famine  :  Which  to  prevent. 

Be  it  enacted^  That  his  Honour  the  Governor,  by  and 
with  the  advice  of  the  Council,  be  desired  and  impowered, 
from  time  to  time  as  occasion  shall  be,  tq,  issue  out  his  proc- 
lamation, therein  to  prohibit  and  forbid  the  transporting,  or 
shipping  on  board  for  transportation,  out  of  this  Colony  any 
wheat  or  other  sort  of  grain  and  bread  or  flower,  for  the  time 
set  in  such  proclamation. 

Ahvai/s  jjrovided,  Such  proclamation  shall  not  extend  to 
hinder  any  wheat  or  other  grain  or  flower  being  put  on  board 
any  of  his  Majesty's  ships  of  war,  or  other  ship  or  vessel  in 
his  Majesty's  service,  or  to  necessary  stores  for  any  privateers 
or  merchant  ship  or  vessel  belonging  to  bis  Majesty's  subjects ; 
such  bills  of  stores  always  to  be  allowed  by  some  assistant  or 
justice  of  the  peace,  consideration  being  bad  to  the  number 
of  men,  and  the  length  of  the  voyage  intended. 

A)id  it  h  furthej'  provided,  That  such  proclamation  or  pro- 
hibition be  not  extended  more  than  twenty  days  after  the 
opening  the  General  Assembly  that  shall  be  next  after  the 
date  of  such  proclamation. 

And  he  it  further  enacted,  That,  upon  the  publishing  any 
such  proclamation,  all  masters  of  ships  or  vessels  in  any  of 
our  rivers,  ports,  harbours  or  creeks,  shall  forthwith  land  all 
sorts  of  grain,  bread  or  flower,  that  they  have  on  board  for 
transportation  contrary  to  said  proclamation,  or  give  in  a  true 
invoice  to  some  naval  officer,  assistant  or  justice  of  the  peace, 
of  the  grain  and  flower  they  have  on  board,  and  become  bound, 
with  two  sufficient  sureties,  to  the  Treasurer  of  this  Colony, 


1741.]  OF      CONNECTICUT.  -377 

in  a  penal  sum  to  five  times  tlie  value  of  the  grain  and  bread 
and  flower  they  have  on  board  (excepting  the  King's  ships, 
and  stores  as  above  exce|)ted ;)  such  penal  sum  to  l^e  for- 
feited upon  condition  such  grain  or  flower  shall  not  be  landed 
in  some  place  in  this  Colony  expressly  mentioned  in  the  con- 
dition of  such  bond,  for  the  use  of  the  inhabitants  thereof. 
And  if  the  master  of  any  ship  or  vessel  shall  refuse  or  neg- 
lect to  conform  liimself  accordingly,  it  sliall  be  lawful  for  an 
assistant  or  justice  of  the  peace,  and  they  are  hereby  ordered 
in  such  case,  by  their  warrant  to  the  constable  or  water-bailiff, 
to  seize,  unbend  and  land  the  sails  of  such  vessels,  and  them 
in  safe  custody  to  kcbp,  until  the  master  conform  to  the  order 
aforesaid  and  pay  all  costs  occasioned  by  his  defect:  the  costs 
to  be  allowed  by  such  assistant  or  justice. 

[75]  Be  it  further  enacted.  That  if  any  ship  or  vessel,  after  || 
such  proclamation  made,  shall  receive  on  board  any  grain, 
bread  or  flower,  contrary  to  such  prohibition,  and  without  or 
until  the  master  of  such  ship  or  vessel  shall  give  bond,  as 
aforesaid,  that  the  same  shall  be  landed  in  some  place  in  this 
Colony  for  the  use  of  the  inhabitants  thereof,  such  grain  and 
flower  shall  be  forfeited,  the  one-half  to  the  informer  that 
shall  prosecute  his  information  to  effect,  and  the  other  half  to 
the  publick  treasury  of  this  Colony.  And  when  any  person 
shall  inform  any  assistant  or  justice  of  the  peace  that  grain  or 
flower  is  shipped  on  board  any  vessel  contrary  to  such  prohibi- 
tion, and  give  sufficient  bond  to  such  authority  to  prosecute 
his  complaint  and  answer  all  damages  if  he  make  not  his  plea 
good,  such  assistant  or  justice  shall  issue  forth  his  warrant  to 
the  constable,  or  water-bailiff",  to  search  such  ship  or  vessel 
for  such  grain  or  flower,  and  upon  finding  the  same  to  land 
and  safely  secure  to  a  trya.l ;  and  such  informer  shall  forthwith 
libel  against  such  grain  or  flower  to  the  judge  of  the  county 
court  in  the  county  where  the  seizure  was  made ;  and  in  such 
case  the  judge  before  whom  the  libel  is  made  shall  speedily 
call  a  special  court,  in  some  place  in  the  county,  to  try  said 
cause,  at  which  court  all  parties  concerned,  as  far  as  they  are 
known,  shall  be  cited  to  appear;  and  such  court  is  ordered 
and  directed  to  hear,  consider  and  determine  such  cause,  from 
which  judgment  no  appeal  or  review  shall  be  granted. 

This  Assembly  do  order  the  Treasurer  of  this  Colony  to 
pay  Christopher  Avery  the  sum  of  one  hundred  twenty-two 
pounds  one  shilling  and  ten  pence,  being  the  full  ballance  of 
the  account  of  said  Avery,  Thomas  Prentice  and  John  Led- 
yard,  laid  before  this  Assembly,  respecting  cannon  for  the 
battery  at  New  London. 
48 


378  PUBLIC     RECORDS  [May, 

On  the  memorial  of  the  agent  of  the  town  of  Willington, 
praying  that  the  lands  within  the  said  township  may  be  further 
taxed,  and  that  all  due  authority  may  be  granted  to  the  col- 
lectors of  the  last  land  tax,  for  the  gathering  the  same,  as 
well  of  the  proprietors  non-residents  in  this  Colony,  as  of  oth- 
ers; and  that  like  authority  may  be  granted  to  the  collectors 
of  the  tax  prayed  for  at  this  time: 

Resolved  hy  this  Assembly^  That  a  tax  of  eight  shillings,  in 
bills  of  credit  of  the  old  tenour,  shall  be  annually  laid  and 
assessed  on  each  hundred  acres  of  land  in  said  township,  for 
the  space  of  seven  years  from  the  date  hereof,  to  1)0  annuall}^ 
collected  and  improved  for  the  support  of  the  gospel  ministry 
there.  And  the  collectors  of  the  respective  annual  taxes,  who 
shall  be  chosen  yearly  to  that  service,  shall  be,  and  are  hereby, 
impowered  to  levy  and  collect  the  tax  hereby  granted  for  those 
several  years  for  which  they  are  chosen  collectors;  and  they 
are  directed  to  collect  and  pay  the  same  to  the  selectmen  of 
the  said  town  for  the  time  being,  for  the  us(^  aforesaid ;  to  be 
annually  paid  by  the  first  of  May. 

And  whereas  many  of  the  claimers  and  owners  of  the  said 
lands  live  out  of  this  Colony,  whereby  the  collecting  this  tax 
is  rendered  difficult,  and  the  same  has  proved  a  difficulty  in 
the  gathering  of  the  tax  which  was  last  granted  on  the  lauds 
in  said  township  for  four  years  now  expired,  for  which  no 
remedy  hath  hitherto  been  granted  said  township: 

[76 j  Resolved  hy  this  Assembly,  That  the  collectors  aforesaid, 
or  some  suitable  person  by  him  or  them  appointed,  shall  annu- 
ally notify  and  warn  said  claimers,  twenty  days  before  the 
time  of  payment  aforesaid,  and  shew  them  a  copy  of  this  act; 
and  if  after  they  shall  be  so  warned,  they  shall  neglect  and 
refuse  to  make  payment  of  said  tax  to  said  collectors  within 
twenty  days,  that  then  it  shall  be  in  the  power  of  any  two  of 
the  selectmen  of  said  town  of  Willington  to  extend  or  lease 
so  much  of  the  aforesaid  lands  belonging  to  said  claimers  re- 
fusing to  make  payment  as  aforesaid,  and  for  so  long  a  time, 
as  will  answer  said  tax  and  all  charges  for  extending  and  leash- 
ing the  same ;  which  land  shall  be  extended  or  leased  at  a 
publick  vendue  to  the  highest  bidder,  after  there  hath  been  a 
notification  in  writing  under  said  selectmen's  hands  in  said 
town  of  Willington,  shewing  the  time  and  place  thereof;  and 
the  lease  well  executed  by  said  selectmen  shall  be  a  good  and 
effectual  title  in  the  law  to  him  that  shall  so  have  and  receive 
said  lease,  and  to  his  heirs  and  assigns,  lor  holding  the  same 
during  the  term  in  said  lease.  And  if  any  person  living  in 
this  Colony  shall,  after  seasonable  notice  given  him  by  said 
collectors,  refuse  to  make  payment  of  said  tax,  he  or  they  so 


1  74  I .]  0  F       C  0  N  N  E  C  T  I  C  U  T  .  379 

refusin.ij;  shall  be  proceeded  against  as  is  already  by  law  pro- 
vided for  the  collectors  of  the  town  i-ates.  And  Nathaniel 
Parker  and  William  Glazier,  that  were  collectors  of  the  two 
last  taxes  granted  in  favour  of  Mr.  Daniel  Fuller,  are  hereby 
impowered  and  directed  to  collect  the  sevei-al  suras  which  are 
yet  behind  in  their  tax  bills,  and  in  the  tax  bills  of  Benjamin 
Newcomb  now  removed  to  Kent,  and  that  are  now  in  the  hands 
of  tlie  selectmen,  in  the  same  manner  and  foi-m.  And  the 
selectmen  for  the  time  being  are  invested  with  the  same  power 
and  authority  as  heretofore  in  this  act  is  provided  for  (he  col- 
lectors of  the  other  tax  herein  granted.  And  the  time  of  pay- 
ment of  the  remainder  of  tlie  tax  granted  in  favour  of  Mr. 
Fuller  shall  be  the  first  of  July  next  after  the  date  hereof. 

An  Act  for  Regulating  the  Militia. 

Whereas  for  the  honour  and  service  of  his  Majesty,  and 
for  the  security  of  this  his  Majesty's  Colony  against  any  vio- 
lence or  invasion  whatsoever,  it  is  necessary  that  due  care  be 
taken  that  the  inhabitants  thereof  be  armed,  trained,  and  in 
a  suitable  posture  and  readiness  for  the  ends  aforesaid:  And 
that  every  person  may  know  his  duty,  and  be  obliged  to  per- 
form the  same, 

1.  Be  it  enacted  hi/  the  Grovernour,  Council  and  Representa- 
tives, in  (reneral  Court  asi^embled,  a)id  by  the  autJiority  of  the 
same.  That  all  male  persons,  from  sixteen  years  of  age  to  fifty, 
shall  bear  arms  and  duly  attend  all  musters  and  military  ex- 
ercises of  the  respective  troops  and  companies  where  they  are 
iulisted  or  do  belong,  (except  assistants,  justices  of  the  peace, 
the  Secretary,  church  officers,  the  rector,  tutors  and  students 
at  the  collegiate  school,  masters  of  art,  allowed  physicians  and 
surgeons,  representatives  or  deputies  for  the  time  l)eing,  school- 
masters, attorneys  at  law,  one  miller  to  each  grist-mill,  con- 
[77]  stant  herdsmen,  and  mariners  ||  who  make  it  their  con- 
stant business  to  go  to  sea,  sheriffs,  constables,  constant  ferry- 
men, lame  persons  or  otherwise  disabled  in  body,  producing 
certificate  thereof  from  two  able  physicians  or  suj-geons  to  the 
acceptance  of  the  two  chief  officers  of  the  company  whereto 
the  persons  seeking  dismission  appertain,  or  of  the  chief  offi- 
cer of  the  regiment  to  which  such  company  belongs,  Indians 
and  negroes  ;  and  every  person  listed  in  any  troop  or  company 
shall  so  continue  and  attend  all  duty  in  such  troop  or  com- 
pany, or  otherwise  suffer  the  penalty  by  law  provided,  until 
orderly  dismissed,  or  removed  out  of  the  town  or  precinct; 
and  in  case  of  removal  into  the  precinct  of  another  company 
in  the  same  town,  to  produce  a  certificate  under  the  hand  of 
the  chief  officer  of  the  company  in  the  precinct  where  he  is 
removed,  that  he  is  listed  there. 


380  PUBLIC      RECORDS  [Ma  J, 

2.  That  every  listed  souldier  and  other  house-holder  (ex- 
cept troopers)  shall  always  be  provided  with,  and  liave  in  con- 
tinual readiness,  a  well-fixed  firelock,  tlie  barrel  not  less  than 
three  feet  and  an  half  long,  or  other  good  fire-arms  to  the  sat- 
isfaction of  the  commission  officers  of  the  company  to  which 
he  doth  belong,  or  in  the  limits  of  which  he  dwells,  a  good 
sword  or  cutlass,  a  worm,  primer  and  priming  wire,  fit  for  his 
gun,  a  cartridge-box,  one  pound  of  good  powder,  four  pounds 
of  bullets  fit  for  his  gun,  and  twelve  flints,  on  penalty  of  ten 
shillings  for  want  of  such  arms  and  ammunition  as  is  hereby 
required,  and  three  shillings  for  each  defect ;  and  the  like  sum 
or  sums  for  every  four  wrecks  he  shall  remain  unprovided. 

3.  That  every  trooper  shall  be  always  provided  with  a  good 
serviceable  horse,  not  less  than  fourteen  hands  high,  to  the 
acceptance  of  the  two  chief  commission  officers  of  the  troop 
to  winch  he  belongs,  covered  with  a  good  saddle  with  housing 
and  other  proper  furniture  thereto,  bitt,  bridle  and  holsters, 
and  furnished  with  a  carbine,  the  barrel  not  less  than  two  feet 
and  half  long,  with  a  belt  and  swivel,  a  case  of  good  pistols, 
a  sword  or  cutlass,  a  flask  or  cartridge-box,  one  pound  of  good 
powder,  three  pounds  of  sizeable  bullets,  twenty  flints,  a  good 
pair  of  boots  and  spurs,  on  penalty  of  fifteen  shillings  for  want 
of  such  horse  as  is  hereby  ordered,  and  three  sliillings  for  each 
other  defect,  and  the  like  sum  for  every  six  weeks  he  shall 
remain  unprovided ;  and  that  each  trooper  list  his  horse,  and 
shall  not  dispose  thereof  without  the  consent  of  the  chief  of- 
ficer, on  the  penalty  of  five  pounds.  And  for  non-appearance 
at  the  time  and  place  appointed  for  exercise,  everj^  listed 
trooper  shall  pay  a  fine  of  twelve  shillings  for  each  days 
neglect. 

4.  That  each  company  or  troop  shall  choose  some  suitable 
person  to  be  clerk,  who  shall  be  sworn  to  a  faithful  discharge 
of  his  office  before  som'e  assistant  or  justice  of  the  peace,  in 
the  words  following,  {viz  ;) 

You  do  swear  truly  to  perform  the  office  of  a  clerk  of  the 
military  company  under  the  command  of  A.  B.  to  the  utmost 
of  your  skill  and  power,  in  all  things  appertaining  to  said 
office,  according  to  law  :  So  help  you  God. 

And  every  clerk  so  chosen  and  sworn  shall  give  his  attend- 
ance in  the  field,  with  his  sword  by  his  side,  on  every  of  the 
muster  or  training  days  by  his  captain  or  chief  officer  ap- 
[78]  pointed,  to  call  over  the  roll  of  the  souldicrs  ||  and  to 
take  notice  of  their  defects,  by  their  absence  or  otherwise. 
And  every  such  clerk  shall  talce  an  exact  list  of  all  the  soul- 
diers  within  his  limits,  twice  in  every  year  at  least,  and  de- 
liver to  the  captain  or  chief  officer  of  the  company  of  which 


1741.]  OF      CONNECTICUT.  381 

he  is  clerk  a  true  copy  of  such  list  twice  in  every  year,  if 
tliereto  required,  and  also  deliver  a  true  and  exact  account  of 
the  numl)cr  of  officers  and  souldiers  contained  in  his  list  to 
the  colonel  or  chief  officer  of  the  regiment  to  which  said 
company  belongs,  under  ids  hand  and  test  as  clerk,  sometime 
in  the  month  of  September  annually,  and  oftner  if  by  such 
chief  officer  required,  on  penalty  of  forfeiting  the  sum  of 
twenty  shillings  for  every  such  neglect,  to  the  use  of  tlie  com- 
pany or  troop  to  whicli  he  belongs  ;  which  fine  shall  be  levyed 
i)y  distress  and  sale  of  the  offender's  goods,  by  warrant  from 
the  cliief  officers  of  said  company  or  troop  directed  to  the 
constal)le  of  the  town  in  which  said  clerk  dwells.  And  every 
such  clerk  is  hereby  authorized  and  required  to  execute  all  law- 
ful warrants  by  his  superior  officers  to  him  directed,  for  the  levy- 
ing any  fine  or  fines  on  delinquents  together  with  the  neces- 
sary charges  arising  thereon,  being  by  virtue  of  such  warrants 
as  fully  impowered  thereto  as  constables  are  in  other  cases,  and 
shall  have  the  same  fees,  and  shall  account  for  such  fines  to 
the  chief  officer  of  the  company  whereto  he  belongs. 

5.  That  in  every  trainband  where  there  are  sixty-four  soul- 
diers besides  officers,  there  sliall  be  a  captain,  lieutenant,  en- 
sign and  four  sergeants  ;  and  where  there  are  thirty-two 
souldiers,  there  shall  be  a  lieutenant  and  ensign  and  two  ser- 
geants ;  and  where  there  are  but  twenty-four  souldiers,  there 
shall  be  but  two  sergeants  ;  which  officers  the  respective  com- 
panies shall  have  liberty  to  nominate.  And  all  such  as  are 
obliged  by  law  to  keep  arms  shall  be  notified  of  and  have  lib- 
erty to  vote  in  the  choice  of  such  commission  officers.  And 
all  commission  officers  shall  be  established  by  the  General 
Court.  And  when  there  shall  be  in  any  company  a  sufficient 
number  of  souldiers  for  two  companies,  and  where  there  are 
two  companies  that  have  a  sufficient  number  of  souldiers  for 
three  companies,  the  colonel  or  chief  officer  of  the  regiment 
to  which  such  company  or  companies  belong,  shall,  with  the 
advice  of  the  commission  officers  of  sucii  company  or  compa- 
nies, establish  a  line  or  lines  by  which  said  company  or  com- 
panies shall  be  divided,  and  to  which  the  power  of  the  cliief 
officer  in  each  division  shall  extend. 

6.  That  the  chief  commission  officer  of  each  company  and 
troop  shall  appoint  the  days  of  training  and  trooping,  and  the 
souldiers  shall  have  three  days  warning,  which  warning  shall 
be  given  by  the  clerks  of  the  respective  bands  and  troops,  or 
by  some  other  person  appointed  by  the  chief  officer  of  the 
company  or  troop,  or  in  some  other  way  agreed  on  by  such 
bands  oi'  troops.  And  the  days  of  training  and  trooping  shall 
be  in  some   or  either  of  the    months   of  March,  April,  May, 


382  PUBLIC      RECORDS  [Maj, 

September,  October  or  November.  And  every  centinel  shall 
appear  compleat  in  his  arms  on  every  such  day,  as  on  days 
aj)pohited  for  viewing  arms,  and  under  the  same  penalty  for 
every  defect, 

7.  That  every  captain  or  chief  officer  of  any  company  or 
troop  shall  be  obliged  (on  penalty  of  five  pounds,  to  be  dis- 
[79]  trained  by  warrant  from  the  chief. officer  of  ||  each  reg- 
iment directed  to  eitlier  of  the  constables  of  the  town  in  which 
such  captain  or  chief  officer  dwells,  and  paid  into  the  treasury 
of  said  town.,)  to  draw  forth  his  company  or  troop,  or  cause 
them  to  be  drawn  fortli,  four  days  in  a  year,  to  exercise  them 
in  the  use  of  arms,  sliooting  at  marks  and  other  military  ex- 
ercises. And  every  person  liable  to  train,  having  been  duly 
warned  and  not  appearing  and  attending  the  same,  sliall  for 
each  days  neglect  pay  a  fine  of  six  shillings,  (except  such 
person  shall  within  twelve  days  make  an  excuse  to  the  satis- 
faction of  the  chief  officer  of  the  company  to  which  he  belongs, 
for  his  not  appearing  according  to  warning  given  him.) 

8.  That  if  any  conniiission  officer  of  any  military  company 
or  troop  shall  lay  down  his  placfe  or  give  in  his  commission, 
without  liberty  from  the  captain-general,  and  if  any  sergeant 
of  foot  or  corporal  of  troop,  or  clerk  of  either  troop  or  foot, 
sliall  lay  down  his  place,  without  liberty  from  the  colonel  or 
chief  officer  of  the  regiment  whereto  such  sergeant,  corporal 
or  clerk  doth  belong,  every  such  officer  shall  be  listed  in  the 
roll  of  the  company  in  the  limits  whereof  he  resides,  and  do 
all  duties  and  services  as  private  centinels  are  by  law  required 
to  do. 

9.  That  all  such  persons  that  are  not  fifty  years  of  age, 
who  have  been  sergeants  of  foot  or  corporals  of  troop  in  any 
company  or  troop  in  this  Colony,  or  such  as  have  been  in 
either  of  said  offices  in  any  war,  who  shall  dwell  in  the  limits 
of  any  other  company  than  that  in  which  they  have  sustained 
such  offices,  shall  be,  and  hereby  are,  freed  Irom  doing  duty 
as  private  centinels,  and  shall  be  required  only  to  be  present 
to  attend  the  exercise  in  such  place  or  office  as  they  have  be- 
fore served  in.  And  if  any  such  officer  shall  refuse  or  neglect 
to  be  present  on  days  of  exercise,  when  required,  and  to  at- 
tend tlie  duty  of  his  office,  he  shall  be  liable  to  the  same  fine 
as  others  that  sustain  the  same  office  in  any  particular  com- 
panies are  liable  to. 

10.  That  the  chief  officer  of  every  troop  shall  cause  the 
arms  and  ammunition  of  all  under  his  command,  and  the 
chief  officer  of  every  company  of  foot  shall  cause  the  arms 
and  ammunition  of  all  under  his  command,  and  also  of  all 
others  dwelling  within  the  limits  of  his  company,  to  be  viewed 


1741.]  OP      CONNECTICUT.  38-5 

on  tlie  first  Monday  of  May  annually,  by  requiring  such  per- 
sons to  bring-  forth  their  arms  and  animunition  at  a  certain 
place  and  hour  by  such  officer  appointed  ;  and  if  any  person 
belonging  to  or  in  the  limits  of  any  foot  company  shall  not 
appear,  being  thereto  required  and  duly  warned,  ho  shall  pay 
as  a  fine  for  non-appearance,  six  shillings,  and  for  deliciency 
in  arms  and  ammunition,  ten  shillings;  and  ev^ery  trooper 
shall  pay  as  a  fine  for  non-appearance  twelve  shillings,  and 
for  deficiency  in  arms  and  ammunition  ten  shillings  ;  except 
such  person  shall  appear,  within  twelve  days  alter  the  day 
appointed  for  viewing  arms,  and  make  a  satisfactory  excuse 
for  his  non-appearance  on  said  day,  and  also  shew  his  arms 
and  amnnniition  to  the  chief  officer  of  the  company  to  which 
he  belongs  or  in  the  limits  whereof  he  resides,  and  avouch 
them  to  be  his  own,  and  that  they  had  not  been,  by  any  per- 
son whatsoever,  carried  forth  to  be  viewed  upon  or  after  said 
day.  And  every  captain  or  chief  officer  of  any  company  or 
[80]  troop  that  shall  neglect  or  refuse  to  view,  or  |1  cause  to 
be  viewed,  the  arms  and  ammunition  of  all  under  his  command 
or  within  the  limits  of  his  company,  as  above  required,  shall 
forfeit  and  pay  the  sum  of  five  pounds  money  for  each  neg- 
lect, to  be  levyed  and  disposed  of  in  the  same  manner  as  the 
penalty  in  this  act  provided  for  captains  not  attending  on  reg- 
imental musters. 

11.  That  if  any  lieutenant,  cornet,  ensign  or  quarter-mas- 
ter of  any  company  or  troop,  shall  neglect  or  refuse  to  appear 
on  any  muster-day  or  day  of  exercise  by  the  captain  of  such 
company  or  troop  appointed,  and  attend  the  duty  of  his  post, 
he  shall  pay  for  each  day's  neglect  fifteen  shillings  money, 
the  distress  therefor  to  be  granted  by  the  colonel  or  chief  offi- 
cer of  the  regiment  to  which  such  company  or  troop  doth  be- 
long, unless  such  excuse  be  made  within  twelve  days  as  such 
colonel  or  chief  officer  shall  think  it  reasonable  that  distress 
should  not  be  granted.  And  every  sergeant  of  the  foot  and 
corporal  of  the  troop,  that  shall  neglect  to  appear  and  attend 
the  duty  of  his  place,  shall  for  each  days  neglect  pay  a  fine  of 
twelve  shillings,  the  distress  therefor  to  be  granted  by  the  two 
chief  officers  of  such  company  or  troop,  unless  excuse  be 
made  within  twelve  days  after  such  muster-day,  to  the  satis- 
faction of  said  two  chief  officers. 

12.  That  there  may  be  one  troop  of  horse  in  each  regi- 
ment, not  exceeding  sixty-four  men  including  officers  ;  and 
where  there  is  no  troop  already  formed,  the  chief  officers  of 
such  regiment  shall  have  liberty  to  form  a  troop.  And  in 
any  regiment  where  there  is  but  part  of  a  troop,  said  officers 
shall  have  liberty  to  fill  up  such  troop  to  the  number  albre- 


384  PUBLIC     RECORDS  [May, 

said,  and  to  lead  or  cause  such  troops,  so  formed  or  filled  up, 
to  l)e  led  to  the  choice  of  officers  proi)er  and  necessary,  and 
make  return  thereof  to  the  General  Assembly.  And  tiie  re- 
spective troops  in  this  Colony  are  hereby  impowered,  two- 
thirds  at  least  of  such  troops  agreeing,  to  pass  votes  for  the 
regulating  said  troops  with  respect  to  the  colour  of  their 
cloathing,  and  to  impose  fines, -not  exceeding  twenty  shillings 
per  day,  on  such  as  neglect  or  refuse  to  comply  with  such 
votes  ;  and  such  fines  shall  be  levyed  in  the  same  manner, 
and  disposed  of  and  improved  for  the  same  uses,  as  other  fines 
and  penalties  in  said  troops  by  law  are. 

13.  That  there  shall  be  in  each  regiment,  from  time  to 
time  appointed  by  the  General  Assembly,  a  colonel,  lieuten- 
ant colonel  and  major,  who  shall  be  commissioned  by  the 
Governor  for  the  time  being.  That  the  colonel  or  chief  offi- 
cer of  each  regiment,  as  often  as  he  shall  see  cause,  shall  re- 
quire the  captain  or  chief  officer  of  each  company  in  his 
regiment  to  meet,  at  such  time  and  place  as  he  shall  appoint, 
to  confer  witii  them  and  give  in  charge  such  orders  as  shall 
by  them,  or  the  major  part  of  them,  be  judged  meet,  for  the 
better  ordering  military  affairs  and  promoting  military  disci- 
pline in  said  regiment. 

14.  That  the  colonel  or  chief  military  officer  of  each  regi- 
ment is  hereby  authorized  and  required  to  muster  together 
the  several  companies  in  his  regimeut,  or  such  a  number  of 
them  as  he  shall  judge  proper,  once  in  four  years,  for  regi- 
mental exercise  ;  which  musters  the  several  captains  or  chief 
officers  of  said  companies  are  required  to  attend  with  their 
companies,  on  penalty  of  five  pounds,  which  said  penalties 
sliall  be  distrained  by  warrant  from  ti>e  chief  officer  of  said 
regiment,  directed  to  either  of  tlie  constables  of  the  town  in 
which  said  captain  dwells,  and  be  paid  into  the  treasury  of 
said  town. 

[81]  15.  That  the  colonel  or  chief  officer  of  each  regiment 
shall  be,  and  is  hereby,  impowered  and  authorized,  upon  any 
alarm,  invasion,  or  notice  of  the  appearance  of  an  enemy, 
either  by  sea  or  land,  to  assemble  in  martial  array  and  put  in 
war-like  posture  the  whole  militia  of  the  regiment  under  his 
command,  or  such  part  of  them  as  he  shall  think  needful,  and 
being  so  armed,  to  lead,  conduct  and  imploy  them,  as  well 
within  the  regiment  whereto  they  belong  as  in  any  other  ad- 
jacent place  in  this  Colony,  for  the  assisting,  succouring  and 
relieving  any  of  his  Majesty's  subjects,  forts,  towns  or  places 
that  shall  be  assaulted  by  an  enemy,  or  in  danger  thereof,  and 
with  them  by  force  of  arms  to  encounter,  repel,  pursue,  kill 
and  destroy,  such  enemy,  or  any  of  them,  by  any  fitting  ways. 


1741.]  OF      CONNECTICUT.  o85 

entei-prizes  or  means  whatsoever.  And  the  colonel  or  chief 
officer  of  any  regiment,  so  taking  to  arms  or  leading  forth  any 
party  of  men,  sliall  forthwith  post  away  the  intelligence  and 
occasion  thereof  to  the  captain-general  or  commander  in  cliief 
for  tlic  time  being,  and  shall  attend  and  observe  such  direc- 
tions and  orders  as  he  shall  receive  from  him. 
*  16.  That  when  any  town  or  place  in  this  Colony  shall  be 
assaulted  by  Indians,  or  any  otber  enemy,  it  shall  be  lawful 
for  and  in  the  power  of  the  chief  commission  officer  or  officers 
of  the  company  or  companies  in  such  place  so  assaulted,  to 
call  forth  all  the  souldiers  under  liis  or  their  command,  and  to 
martial  order  and  dispose  them  in  the  best  manner  to  defend 
the  place  assaulted,  and  to  encounter,  repel,  pursue  and  de- 
stroy the  enemy,  and,  if  need  so  require,  to  assist  a  neighbour 
town  when  assaulted  as  aforesaid.  And  that  such  of&cer  or 
officers  so  taking  to  arms  shall  fortliwith  dispatch  notice  to  his 
or  their  superior  officer  of  his  or  their  motion  and  the  occa- 
sion thereof,  and  observe  such  commands  and  orders  as  he  or 
they  shall  receive  from  him. 

17.  That  the  chief  officers  of  each  regiment  shall  order  the 
correcting  and  punishing  disorders  and  contempt  on  days  of 
regimental  exercises,  and  the  two  chief  officers  of  any  com- 
pany or  troop  shall  order  the  correcting  and  punishing  dis- 
orders and  contempt  on  training  days  or  on  a  military  watch ; 
the  punishment  not  being  greater  than  laying  neck  and  heels, 
riding  the  wooden  horse,  or  twenty  shillings  fine. 

18.  That  all  fines,  penalties  and  forfeitures,  arising  by  virtue 
of  this  act  or  any  breach  thereof,  shall  be  levyed  on  the  goods 
or  chattels  of  the  respective  delinquents  if  upwards  of  twenty- 
one  years  of  age,  and  on  the  goods  or  chattels  of  the  parents, 
masters  or  guardians  of  such  delinquents  as  have  not  arrived 
at  the  age  of  twenty-one  years,  and  shall  be  for  the  use  of  the 
respective  companies  or  troops  to  which  the  persons  fined  do 
belong,  (except  such  fines  as  are  otherwise  disposed  of  in  this 
act:)  that  is  to  say,  for  the  procuring  and  maintaining  trum- 
pets, colours,  banners  and  halberts,  and  for  paying  drummers 
and  trumpeters,  or  other  charge  of  said  company,  by  direction 
of  the  commission  officers  of  such  company;  and  where  there 
are  not  fines  sufficient  to  pi'ovide  halberts  and  colours  and  to 
pay  drummers,  what  is  wanting  shall  be  had  out  of  the  town 
[82]  treasury.  And  every  person  ||  chosen  by  any  company 
for  their  drummer,  upon  his  accepting  said  service  shall  pro- 
vide himself  a  good  drum,  and  constantly  attend  service  when 
required,  on  penalty  of  ten  shillings  fine  for  each  day's  neglect, 
to  be  levyed  by  warrant  from  the  two  chief  officers  of  the 

49 


386  PUBLIC    RECORDS  [May, 

company  to  which  sucli  drummer  belongs  ;  and  shall  be  paid 
for  each  day's  service  six  shillings. 

And  whereas  the  providing  a  sufficient  stock  of  anlmuni- 
tion  or  military  stores  for  the  Colony,  as  also  for  the  several 
towns  within  tlie  same,  is  necessary  for  the  defence  thereof. 

Be  it  enacted  by  the  Governour,  Council  and  Rei^resentatives,  . 
in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  the  Treasurer  of  this  Colony  for  the  time  being  shall,  at 
all  times  hereafter,  at  the  publick  charge  of  this  Colony,  pro- 
cure, keep  and  maintain,  a  magazine  of  powder  and  shot,  to 
be  ready  for  the  use  of  the  Colony  as  occasion  may  call  for 
the  same ;  and  the  said  Treasurer  is  hereby  ordered  and  di- 
rected to  take  direction  from  time  to  time  of  the  Governor 
and  Council,  respecting  the  quantity  and  proportion  of  said 
stores  of  ammunition. 

A7id  it  is  further  enacted  by  the  authority  aforesaid.  That 
the  selectmen  of  the  several  towns  in  this  Colony,  and  they 
are  hereby  ordered  and  directed  to  provide,  keep,  and  to  re- 
new from  time  to  time  as  occasion  shall  require,  a  sufficient 
stock  of  ammunition  or  military  stores  in  the  several  towns  in 
this  Colony  to  which  they  do  respectively  belong,  whicli  shall 
not  be  less  than  fifty  pounds  of  good  powder,  two  hundred 
weight  of  bullets  and  three  hundred  flints,  for  every  sixty 
listed  souldiers,  and  after  that  proportion  for  all  the  listed 
souldiers  in  each  town,  whetlier  they  be  more  or  less.  And 
the  selectmen  of  any  town  that  are  not  able  (upon  informa- 
tion made  to  the  colonel  or  chief  of&cer  of  the  regiment  to 
which  such  town  doth  belong)  to  make  it  appear  to  said  colo- 
nel or  chief  officer  of  sucii  regiment,  that  they  are  provided 
with  such  stock  of  ammunition  as  aforesaid,  within  tliree 
months  after  the  publication  hereof,  shall  pay  a  fine  of  five 
pounds  lawful  money,  one-third  part  of  which  fine  shall  be  to 
him  that  shall  inform  against  them,  the  remainder  shall  be 
laid  out  and  improved  towards  the  procuring  such  stores ; 
which  said  penalty  shall  be  distrained  by  warrant  signed  by 
said  colonel  or  chief  officer  of  said  regiment,  directed  to  the 
sheriff  of  the  county  in  which  such  town  is,  his  deputy,  or 
either  of  the  constables  of  said  town,  and  shall  be  accord- 
ingly collected  and  paid  into  the  hands  of  said  colonel  or  chief 
officer  aforesaid,  for  the  purposes  aforesaid. 

And  it  is  further  enacted  by  the  authority  aforesaid.  That 
the  selectmen  of  any  town,  as  aforesaid,  shall  incur  the  same 
penalty  for  every  three  months  that  they  shall  remain  unpro- 
vided as  aforesaid,  to  be  levyed  and  improved  as  aforesaid. 

And,  forasmuch  as  it  may  be  necessary  for  the  better  de- 
fence of  the  Colony,  or  any  parts  thereof  exposed  to  invasion 


1741.]  OP      CONNECTICUT.  387 

(fee,  that  watches  and  wards  be  kept  up  at  times  and  places 
within  the  same, 

[83]  Be  it  therefore  further  enacterl  hj/  the  authority  aforesaid^  || 
Tliat  wlien  and  so  often  as  the  authority  and  selectmen  in  any 
town  in  this  Colony,  or  the  major  part  of  them,  shall  judoe  it 
necessary  or  highly  convenient  for  tl\e  safety  of  such  town,  to 
have  \v'atches  and  wards  therein,  they  are  hereby  authorized 
and  impowered,  by  warrant  to  commnnd  the  constal)le,  or  some 
other  meet  person  by  them  appointed,  to  warn  such  a  number 
of  men  to  appear  at  such  time  and  place  in  said  town  as  they 
shall  think  necessary ;  and  all  and  every  such  person  or  per- 
sons that  shall  l)e  notified  to  watch  or  ward  as  aforesaid,  shall 
appear  at  the  time  and  place,  with  a  good  fire-lock  and  sword, 
a  quarter  of  a  pound  of  powder,  and  one  pound  of  bullets  fit 
for  his  gun,  and  observe  such  directions  as  shall  be  given  by 
order  of  said  authority  and  selectmen,  who  are  hereby  im- 
powered to  give  such  orders  and  directions  relating  to  the 
regulating  such  watching  and  warding,  and  the  continuance 
thereof,  as  they  shall  judge  needful.  And  if  any  person  or  per- 
sons, being  warned  as  aforesaid,  or  in  any  other  manner  which 
the  authority  and  selectmen  shall  agree  and  conclude  upon, 
shall  neglect  or  refuse  to  attend  at  time  and  place,  armed  and 
furnished  as  aforesaid,  or  to  observe  the  orders  to  them  given 
by  the  constable  or  any  other  person  appointed  by  the  authority 
and  selectmen  as  aforesaid,  shall  for  every  such  neglect  or 
offence  pay  a  fine  of  ten  shillings,  which  by  warrant  from  an 
assistant  or  justice  of  the  peace  sliall  be  levyed  by  the  consta- 
ble, and  disposed  of  for  the  use  of  said  watch. 

And  it  is  further  enacted,  That  all  laws  heretofore  made 
respecting  military  affairs,  (excepting  an  act  entituled  An  Act 
relating  to  alarms,*  and  an  act  entituled  An  Act  for  encourag- 
ing military  skill  &c.,t  and  an  act  entituled  An  Act  to  enable 
selectmen  to  assess  the  inhabitants  ;|  and  also  an  act  entituled 
An  Act  for  the  better  regulating  the  militia,  &c.,  made  and 
passed  by  the  General  Assembly  in  the  13th  year  of  his  pres- 
ent Majesty's  reign, §)  shall  be  repealed,  and  they  are  hereby 
repealed  and  made  void. 

An  Act  in  Addition  to  the  Lavv^of  this  Colony  entituled 
An  Act  for  the  Encouragenient  and  better  Support- 
ing the  Schools  that  by  L,Aw  ought  to  be  kept  in  the 
several  Towns  and  Parishes  in  this  Colony. 
Whereas  by  the  said  act  it  is  ordered  that  the  money  given 

for  the  several  towns  lately  laid  out  in  the  Western  Lands,  so 

*Iii  the  Revision  of  1702,  and  reprint  of  1715,  p.  5. 
t  Passed  Oct.  1708.     Vol.  v.,  85. 
t  Passed  Oct.  1708.     Vol.  v.,  73. 
§  Ante,  p.  277. 


388  PUBLIC     RECORDS  [May, 

called,  shall  be  disposed  of  and  improved  for  the  support  of 
the  schools  that  ought  to  be  kept  in  the  several  towns  and 
parishes  in  this  Colony  that  made  and  compnted  a  list  in  tlie 
year  of  onr  Lord  one  thousand  seven  hundred  and  thirty-two, 
in  proportion  to  such  list ;  by  means  whereof,  together  with 
other  provision  made  for  the  support  of  schools,  there  is  a 
considerable  estate  and  interest  sequestered  for  the  su])port  of 
the  schools  in  this  Colony  :  To  the  end,  therefore,  that  the 
said  moneys,  bonds  and  other  estates,  granted,  sequestered 
and  given  for  the  support  and  maintenance  of  schools,  may 
be  the  better  and  more  effectually  improved  for  the  purpose 
aforesaid, 

Be  it  enacted  hy  the  Ciovernor,  Council  and  Mepresentatives, 
in  General  Court  assembled,  and  hy  the  authority  of  the  same, 
That  the  selectmen  of  such  towns  wherein  there  is  but  one 
[84]  ecclesiastical  society,  and  the  society  committee  ||  of 
such  societies  where  there  are  more  than  one  in  any  town,  for 
the  time  being,  or  a  committee  by  such  town  or  society  ap- 
pointed for  that  purpose,  shall  l)e  and  are  hereby  impowered 
and  directed  to  take  and  receive  such  bonds  and  moneys  as 
shall  be  divided  and  set  out  to  such  town  or  society  for  the 
purpose  aforesaid,  and  give  their  receipts  thereof,  to  be  lodged 
in  the  Secretary's  office  of  this  Colony  ;  and  of  their  improve- 
ment thereof  shall  from  time  to  time  be  accountable  to  the 
town  or  society  by  whom  they  are  or  shall  be  appointed  ;  and 
such  town  or  society  shall  be  accountable  for  the  same  unto 
and  before  this  Assembly  when  thereto  required,  and  be  liable 
to  be  dealt  with  for  their  misuse  thereof,  according  to  the  di- 
rection and  declaration  in  the  act  aforesaid.  And  such  select- 
men and  committee  are  hereby  authorized  and  impowered,  to 
use  and  improve. su.ch  bonds  and  moneys  as  they  shall  receive 
pursuant  to  the  act  aforesaid,  and  to  take  and  receive  into 
their  care  and  custody  all  other  estates,  lands  or  intejests, 
that  have  been  given,  granted,  sequestered,  or  do  belong  to  the 
school  in  such  towns  or  societies,  or  shall  hereafter  belong 
thereto,  for  the  support  thereof,  and  shall  use,  improve  and 
dispose  of  the  interest,  increase,  profits  or  rents  arising  upon 
any  such  moneys,  lands  or  interests,  for  the  support  of  a 
school  in  each  of  such  towns  and  ecclesiastical  societies ; 
which  shall  be  disposed  of  either  to  the  school-master  or  such 
committee  for  the  purposes  aforesaid. 

And,  that  the  said  selectmen  or  society  committee  for  the 
time  being,  or  a  committee  by  such  town  or  society  appoirxted 
for  that  purpose,  may  be  the  better  enabled  to  do  the  service 
aforesaid. 

Be  it  further  enacted  hy  the  authority  aforesaid,  That  they. 


1741.]  OF      CONNECTICUT.  389 

or  the  major  part  of  them,  shall  be,  and  they  arc  liereby,  im- 
])Owered  and  authorized,  to  lease  all  such  lauds  and  real 
estates,  and  loan  such  moneys,  as  do  or  shall  ai)pertain  to  such 
school,  and  is  or  shall  be  given  for  the  use  aforesaid,  and  to 
commence  and  prosecute  such  suit  or  suits  as  may  be  neces- 
sary for  the  recovery  and  obtaining  such  lands,  moneys  or 
other  estates,  and  to  take  leases,  bonds  or  other  securities  to 
themselves  and  their  successors,  for  the  use  of  such  schools, 
which  leases,  bonds  or  other  secuiities,  the  said  selectmen  or 
committees,  as  aforesaid,  who  take  the  same,  and  their  suc- 
cessors, viz.  the  selectmen  and  committees  as  aforesaid,  for  the 
time  being,  as  successors  of  those  in  whose  name  the  same  are 
taken  and  they  succeed,  shall  have  full  power  and  authority 
to  prosecute  as  fully  as  though  taken  in  their  own  name  ;  and 
the  said  selectmen  and  committees  are  ordered  and  directed 
to  lodge  the  said  bonds,  leases  and  other  securities  witli  the 
town  or  society  clerk  of  such  town  or  society,  who  is  directed 
to  keep  an  account  thereof,  and  hold  the  same  under  the 
directions  of  the  selectmen  and  committees  for  the  purpose 
aforesaid;  and  such  selectmen  and  committees  shall  render 
their  accounts  of  their  improvement  of  such  estate  and  in- 
terest, unto  such  town  and  society  when  thereto  required. 

Provided  nevertheless.:  That  this  act  shall  not  extend  to  any 
particular  grants  formerly  made  for  the  benefit  of  any  school 
or  schools  in  any  town  or  parish  in  this  Colony  by  particular 
persons,  where  the  grantor  in  said  grant  hath  committed  the 
care,  oversight  and  improvement  of  such  estate,  so  by  him 
given,  to  particular  persons,  with  particular  directions  for  a 
constant  succession  in  said  trust ;  neither  shall  it  extend  to 
any  estates  or  profits  wherewith  any  particular  towns  or  par- 
ishes are  endowed  by  grants  from  particular  persons  for  the 
[85]  support  II  of  schools  as  aforesaid,  where  this  Assembly 
hath  heretofore  interposed  and  committed  the  disposition  of 
the  profits  of  such  estate  to  a  committee  in  a  continual  suc- 
cession; anything  contained  in  this  act  to  the  contrary  not- 
withstanding. 

Whereas  it  is  represented  to  this  Assembly,  that  some  of 
the  lands  mortgaged  to  the  Governor  and  Company  of  this 
Colony,  pursuant  to  the  act  of  this  Assembly  passed  in  May, 
anno  Bom.  1733,  entituled  An  Act  for  the  loan  of  hills  of 
credit.,  redeemable  at  or  before  the  first  day  of  this  instant 
May,  are  not  yet  redeemed,  and  that  some  of  the  mortgagers 
thereof  have  paid  since  the  said  first  of  May,  and  others  stand 
ready  to  pay  into  the  treasury  the  respective  sums  in  the  con- 
dition of  the  mortgage  deeds  mentioned,  and  cannot  obtain 
releases  of  the  said  lands : 


390  PUBLIC    RECORDS  [May, 

Be  it  therefore  enacted  ly  the  Governor^  Council  and  Repre- 
sentatives, in  Geyieral  Court  assembled,  and  by  the  authority  of 
the  same,  That  the  Governor  and  Secretary  of  this  Colony  be, 
and  they  are  hereby,  authorized  and  impowered  to  make  and 
execute,  in  the  name  of  the  Governor  and  Company  afore- 
said, proper  releases  of  such  lands  to  such  mortgagers  as 
have  paid  into  the  publick  treasury  the  sums  mentioned  in 
the  condition  of  their  mortgage  deeds,  since  the  said  first  of 
May,  and  to  all  such  as  shall  pay  in  the  same,  with  tlie  inter- 
est thereof  from  the  said  first  of  May,  before  the  entry  thereon 
or  final  judgment  be  obtained  therefor,  as  fully  as  they  were 
impowered  to  make  such  releases  before  the  said  first  of  May 
by  virtue  of  the  act  aforesaid. 

Ayid  it  is  further  enacted,  That  all  such  releases  as  have 
been  made  by  the  Governor  and  Secretary  to  any  such  mort- 
gagers since  the  said  first  of  May,  shall  be  good  and  valid. 
And  the  Secretary  is  directed  to  prepare  and  lay  before  this 
Assembly,  at  their  sessions  in  October  next,  an  account  of 
such  mortgages  as  shall  not  be  paid  and  redeemed  as  afore- 
said at  or  before  said  sessions.  And  the  Treasurer  of  this 
Colony  is  hereby  authorized  and  impowered,  by  himself  or 
some  person  or  persons  by  him  substituted,  (whom  he  is  hereby 
fully  authorized  and  impowered  to  substitute,)  in  the  name 
of  the  Governor  and  Company  aforesaid,  to  take  and  receive 
possession  of  all  such  lands  as  the  mortgagers  tliereof  shall 
ofter  to  deliver  into  the  seizin  and  possession  of  the  said 
Governor  and  Company;  and  also  to  sue  for  the  surrendry  of 
such  lands  as  the  mortgagers  thereof  shall  not  redeem  by 
paying  principal  and  interest  thereof  at  or  before  the  said 
session,  and  to  proceed  therein  to  final  judgment  and  execu- 
tion thereon,  taking  such  directions  as  may  or  shall  be  given 
him  by  this  Assembly  at  their  sessions  aforesaid. 

An  Act  for  printing  and  publishing  an  Act  of  Parlia- 
ment of  the  13th  Year  of  his  present  Majesty's  Reign, 
entituled  An   Act  for  the   effectual    securing   and  en- 
couraging the  Trade  of  his  Majesty's  British  Sub- 
jects to  America,  and  for  Encouragement  of  Seamen 
to  enter  imo  his  Majesty's  Service. 
Be  it  enacted  by  the  Grovernor,  Council  and  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  the  abovementioned  act*  shall  be  printed  and  published 
with  the  acts  of  this   Assembly ;  and  the   Secretary  of  this 
Colony  is  directed  to  transmit  to  Mr.  Timothy  Green,  printer 
to  the  Governor  and  Company  of  this  Colony,  a  copy  of  said 
act  for  that  purpose. 

[86]  Whereas  at  a  Council  held  at  St.  James's  the  29th  of 

*  13  Geo.  ii.  cap.  4. 


1741.]  OP      CONNECTICUT.  '  391 

January,  1740,  his  Majesty  was  pleased  to  declare  his  royal 
pleasure,  that  in  all  publick  service  where  the  royal  family  is 
appointed  to  be  prayed  for,  the  following  form  and  order 
should  be  observed,  (^viz.)  Theh-  Royal  Highnesses  Frederick 
Prince  of  Wales^  the  Princess  of  Wales^  the  Duke,  the  Prin- 
cesses, the  Issue  of  the  Prince  and  Princess  of  Wales,  and  all 
the  Royal  Family :  And  to  the  end  that  the  same  form  and 
order  may  be  observed  in  this  his  Majesty's  Colony  of  Con- 
necticut, his  Majesty  has  been  pleased  to  order  tlie  Governor 
and  Company  of  this  Colony  to  cause  the  same  to  be  forth- 
with published  in  all  churches  and  other  places  of  divine  wor- 
ship within  this  Colony,  and  take  care  that  obedience  be  paid 
thereto  accordingly  : 

Be  it  enacted  hy  the  Grovernor,  Council  and  Representatives, 
in  G-eneral  Court  assembled,  ayid  hy  the  authority  of  the  same. 
That  obedience  1)6  paid  to  bis  Majesty's  order  aforesaid,  and 
that  a  copy  of  this  act  be  forthwith  printed  and  sent  to  the 
several  churches  and  places  of  divine  worship,  and  there  pub- 
lished accordingly. 

An  Act  for  Regulating  Fees. 

Be  it  enacted  hy  the  Grovernor,  Council  and  Representatives, 
in  G-eneral  Court  assembled,  and  by  the  authority  of  the^same, 
That,  for  the  future,  there  shall  be  allowed  and  paid  out  of 
the  Colony  treasury  in  bills  of  credit  on  this  Colony,  of  the 
new  tenour,  to  the  chief  judge  of  the  superior  court  ten  shil- 
lings per  diem,  and  to  the  assisting  judges  of  said  court  eight 
shillings  per  diem,  during  their  attendance  on  the  service  of 
said  court. 

And  that,  for  the  future,  there  shall  be  allowed  and  paid 
out  of  the  county  treasuries  in  this  Colony,  to  each  judge  of 
the  county  courts  seven  shillings  per  diem,  and  to  each  justice 
of  the  quorum  live  slnWings  per  diem,  in  said  new  tenour  bills, 
during  their  attendance  on  the  service  of  said  courts. 

That  there  shall  be  paid  out  of  the  Colony  treasury  in  said 
bills,  to  each  assistant  six  sliillings  per  diem,  and  to  each  rep- 
resentative four  shillings  per  diem,  for  each  day's  attendance 
at  the  General  Assembly,  and  two  pence  per  mile  for  their 
travel  to  and  from  said  Assembly. 

That  the  juries  that  attend  at  the  superior  and  county 
courts  shall  be  allowed,  in  said  bills,  for  the  tryal  of  each 
action,  twelve  shillings. 

That  each  sheriff,  deputy  sheriff,  or  constable,  sliall  have, 
for  serving  each  summons  by  reading  the  same  four  pence, 
for  serving  by  a  copy,  six  pence;  for  serving  an  attachment, 
eight  pence  ;  for  travel,  if  above  one  mile,  two  [pence]  per 
mile  out ;  for  taking  bail  or  bond,  six  pence. 


392  PUBLIC     RECORDS  [May, 

That  the  respective  goalers  be  allowed  for  commitment  and 
discharge  of  each  prisoner  one  shilling  and  six  pence  ;  for 
dieting  each  prisoner,  two  shillings  and  four  pence  per  week. 

That  each  evidence  summoned  to  attend  at  any  court  shall 
be  allowed  two  pence  per  mile  for  their  travel  to  court,  and 
one  shilling  and  six  pence  per  day  for  their  attendance. 

That  each  assistant  and  justice  of  the  peace  shall  be  allowed 
for  tryal  of  each  action,  two  shillings;  for  each  judgment  on 
confession,  eight  pence;  for  each  judgment  on  default,  one 
shilling. 

That  each  county  surveyour  shall  be  allowed  for  each  day's 
service  five  shillings  per  day  and  his  keeping. 

[87]  That  the  respective  town-clerks  shall  be  allowed  the 
one-half  of  the  fees  mentioned  in  an  act  entituled  An  Act 
concerning  town  clerks  office  and  duty. 

And  that  all  the  before-mentioned  fees  be  paid  in  bills  of 
credit  of  the  new  tenour,  emitted  by  act  of  this  Assembly  in 
May  last,  or  in  bills  of  credit  that  pass  current  in  this  Colony 
equivalent  thereto ;  any  usage  or  custom  to  the  contrary  not- 
withstanding. 

An  Act  for  reviving  one  certain  Law  of  this  Colony 
made  and  passed  by  this  Assembly  in  October  Anno 
Domini,  1740,  entituled  An  Act  to  prevent  the  Pass- 
ing of  Bills,  Notes  or  any  other  Currency  made  or 
emitted  on  private  Credi  ;  which  Law  was  to  con- 
tinue in  Force  until  the  End  of  this  Assembly,  and  no 
longer,  which  Time  is  now  near  expired. 

Be  it  enacted  hy  the  Governor^  Council  and  Representatives, 
in  Greneral  Cowt  assembled,  and  hy  the  authority  of  the  same, 
That  the  aforesaid  law  shall  be  revived,  and  the  said  law  is 
hereby  revived,  and  shall  remain  in  full  force  until  this  Court 
shall  order  otherwise. 

An  Act  for  the  Distribution  of  the  Bonds  and  Money 

given  and  paid  for  the  Townships  in  the 

"Western  Lands,  so  called. 

Whereas  by  the  act  of  this  Assembly,  at  their  sessions  held 
in  Hartford  in  May,  in  the  year  one  thousand  seven  hundred 
and  thirty-three,  entituled  An  Act  for  the  encouragement  and 
better  supporting  the  schools  that  by  law  ought  to  be  kept  in 
the  several  towns  and  parishes  in  this  Colony,  it  was  ordered, 
that  the  several  towns  then  lately  laid  out  in  the  western  lands 
should  be  disposed  of,  and  that  the  money  that  should  be  given 
therefor  should  be  improved  for  the  support  of  the  aforesaid 
schools:  And  whereas,  in  pursuance  of  said  act,  six  of  the 
said  towns  have  been  disposed  of  and  sold,  for  which  bonds 
have  been  given  to  the  Governor  and  Company  of  this  Colony, 
amounting  to  a  considerable  sum,  on  several  of  which  the 
money. due  thereby  has  been  paid:  And,  that  there  may  be  a 


1741.]  OF      CONNECTICUT.  393 

division  and  distribution  of  the  said  money  paid,  and  the  said 
bonds  as  yet  due  and  unpaid,  to  the  several  towns  and  parishes 
in  this  Colony,  to  whom  it  belongs  according-  to  said  act: 

Resolved  and  e)iacted  by  this  Assembly^  That  Joseph  Whiting, 
Esqr,  Jonathan  Trurable,  Esq'",  Capt.  Joseph  Pitkin,  Mr.  John 
Richards,  and  Major  Andrew  Burr,  be  a  committee,  and  they 
are  hereby  appointed  a  committee  in  behalf  of  this  Assembly, 
to  divide  and  distribute  said  bonds  and  money  to  the  said 
towns  and  parishes  mentioned  in  said  act,  to  be  improved  for 
the  support  of  the  schools  that  by  law  ought  to  be  kept  in 
them,  according  to  the  act  aforesaid;  in  doing  of  which,  the 
said  committee  are  hereby  ordered  and  directed  to  receive  the 
account  of  the  sum  total  of  the  lists  of  each  town  in  this  Col- 
ony, where  there  is  but  one  ecclesiastical  society,  which  made 
and  computed  lists  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  thirty-two;  and  each  ecclesiastical  society  in  this 
Colony,  where  there  are  more  than  one  in  any  town,  which 
was  made  and  computed  in  the  said  year.  And  the  said  towns 
and  parishes  are  directed  to  send  to  said  committee  at  New 
Haven,  during  the  sessions  of  this  Assembly  in  October  next, 
an  account  of  the  sum  total  of  such  list,  well  avouched  under 
the  hand  of  the  town-clerk  of  the  town  where  it  was  made,  or 
[88]  by  other  evidence  to  the  satisfaction  of  said  committee. || 
And  the  said  committee,  having  received  the  whole  of  said 
lists  that  are  attainable,  shall  proceed  to  divide  the  said  bonds 
and  money  m  proportion  to  such  list,  making  an  account 
thereof,  and  entering  on  each  bond  what  town  or  society  the 
same  shall  belong  unto,  and  if  divided  to  two,  a  note  of  that 
also  to  be  made,  having  regard  to  the  debtor's  conveniency,  as 
much  as  may  be,  in  paying  or  renewing  said  bonds.  And  the 
said  committee  are  ordered  and  directed  to  take  and  receive  of 
the  Treasurer  such  honds  and  money,  who  is  ordered  to  deliver 
the  same,  taking  their  receipt;  and  having  received  the  same, 
and  proportion.ed  theili  as  aforesaid,  shall  deliver  the  same  to 
the  selectmen  of  such  town  and  committee  of  such  parish,  to 
be  improved  for  the  purpose  aforesaid,  taking  their  respective 
receipts  therefor,  which  they  are  ordered  to  lodge  in  the  hands 
of  the  Secretary  of  this  Colony,  to  lye  in  his  office.  And  if 
it  shall  so  happen  that  any  of  the  said  bonds  shall  be  found, 
insufficient,  by  reason  of  insolvency  or  otherwise,  that  such 
losses  shall  be  made  up  out  of  the  publick  treasury  of  this 
Colony,  and  shall  be  again  made  up  to  the  said  treasury  by 
the  sale  of  the  township  not  yet  sold. 

And  it  is  further  resolved  by  this  Assembly^  That  in  case  any 
debtor  refuseth,  after  said  bonds  are  divided,  to  pay  his  bond, 
or  instead  thereof  to  renew  the  same  to  the  acceptance  of  "such 
50 


394  PUBLIC      RECORDS  [May, 

selectmen  or  committee,  they  shall  be  liable  to  be  sued  there- 
on ;  and  the  King's  attorneys  in  the  respective  comities  are 
hereby  authorized  and  impowered,  in  the  name  of  the  Gov- 
ernor and  Company  aforesaid,  to  prosecute  the  same  in  the 
respective  counties  which  they  are  distributed  and  divided  into, 
where  they  shall  be  tryed  and  determined.  Provided,  that  the 
risque  and  losses  that  may  happen  after  the  first  day  of  Janu- 
ary, in  the  year  1T4|,  shall  not  be  born  by  this  government, 
but  by  tlie  town  or  parish  to  whom  the  same  bonds  thus  fail- 
ing were  divided  and  distributed.  And  the  members  of  this 
Assembly  are  desired  to  notify  the  said  towns  and  parishes  to 
send  to  said  committee  an  account  of  the  sum  total  of  the  lists 
aforesaid. 

Whereas  upon  the  memorial  of  Timothy  Worster,  John 
Twitchel  and  John  Towner,  &c..,  dwelling  in  the  north  and 
northwest  part  of  the  township  of  Derby,  Isaac  Trowbridge, 
John  Weed,  Jonas  Weed,  Joseph  Weed,  Thomas  and  Joseph 
Osborn,  dwelling  in  the  southwest  part  of  Waterbury  wuods, 
in  the  old  society  in  said  Waterbury,  and  Isaac  Knowles,  Jo- 
seph Towner,  Eliphalet  Bristol,  John  Tift  and  Aaron  Bristol, 
dwelling  in  the  southeast  part  of  the  township  of  Woodberry 
woods  in  the  parish  of  Southberry,  moving  to  the  General  As- 
sembly holden  at  Hartford  May,  anno  Dom.  1740,  that  they 
might  become  one  entire,  distinct  ecclesiastical  society,  and 
praying  for  a  committee,  &c. ;  the  said  General  Assembly  did 
appoint  a  committee,  who  accordingly  making  tlieir  report  to 
the  General  Assembly  at  New  Haven  in  October  last,  and  the 
same  not  being  accepted ;  and  tlie  said  General  Assembly  in 
October  last  appointing  another  committee,  (173.)  Colo.  Benja- 
min Hall,  Capt.  Isaac  Dickerman  and  Capt.  John  Fowler,  to 
view  and  report,  &c. :  And  whereas  the  said  last-mentioned 
committee  have  to  this  Assembly  made  their  report,  that  ac- 
cording to  the  direction  of  said  Assembly  they  have  repaired 
to  the  abovesaid  places,  <fec.,  and  find  and  are  of  opinion,  that 
[89]  it  is  necessary  and  best  that  the  said  ||  inhabitants  ,be 
made  a  distinct,  separate  ecclesiastical  society,  and  that  their 
bounds  and  limits  be  as  followeth,  {viz:')  Beginning  at  the 
mouth  of  the  four  mile  brook  in  Derby  bounds,  {viz.}  where 
the  bi'ook  emptieth  itself  into  the  great  river,  and  to  run  as 
said  brook  runneth  by  said  brook  unto  the  bridge  that  is  be- 
tween the  dwelling  houses  of  Abel  Gun  and  John  Holbrook; 
and  from  said  bridge  by  the  highway  that  runneth  between 
the  laud  commonly  called  the  Camps  Mortgage  and  the  land 
called  Quakers  Farm  Purchase,  unto  the  river  called  the  Little 
river;  and  thence  as  the  little  river  runneth  to  Naugatuck 
river ;  and  thence  northerly,  by  said  Naugatuck  river,  that  be- 


1741.]  OP      CONNECTICUT.  395 

ing  the  east  bounds  of  said  society,  until  it  comes  to  tlie  divid- 
ing line  between  the  towns  of  Derby  and  Waterbury ;  thence 
turning-  westerly  and  runninis^  as  the  line  runneth  between  the 
towns  of  Derby  and  Waterbury,  as  aforesaid,  until  it  comes  to 
the  southeasterly  boundary  of  Thomas  and  Joseph  Osborn's 
farm  in  the  bounds  of  Derby;  and  from  thence  to  run  north- 
erly to  the  northeast  corner  boundary  of  Joseph  Weed's  farm 
in  Waterbury  town  bounds;  and  from  tlicnce  a  northwesterly 
line  to  the  northeast  corner  boundary  of  Isaac  Trowbridge's 
farm  in  said  Waterbury  town  bounds;  and  from  thence  to  run 
westerly,  in  the  line  of  said  Trowbridge's  farm,  about  sixty 
rods,  to  Woodberry  town  line ;  and  thence  to  the  northwest 
cori\er  of  Isaac  Knovvles's  farm  in  the  township  of  Woodberry ; 
and  from  the  northwest  corner  of  said  Knowles's  farm  a  west 
line  to  the  eight  mile  brook  in  the  bounds  of  Woodberry ;  and 
then  by  the  said  brook,  until  it  comes  to  tlie  dividing  line  be- 
tween the  towns  of  Woodberry  and  Derby  ;  and  thence  to  run 
westerly  in  the  line  that  divideth  between  the  said  towns  of 
Woodberry  and  Derby,  unto  the  great  river;  thence  by  the 
river  southerly  to  the  first  mentioned  boundary,  (viz.}  the 
mouth  of  four  mile  brook;  as  by  said  report  on  file,  dated 
May  the  7th,  anno  Dom.  1741. 

It  is  thereupon  resolved  hy  this  Assembly,  That  the  abovesaid 
memorialists,  inhabitants  of  Derby,  Waterbury  and  Woodberry, 
situate  and  living  within  the  bounds  and  limits  above  described, 
be  and  become  together  one  entire,  separate  and  distinct  eccle- 
siastical society  or  parish,  suljsisting  and  known  by  the  name 
of  the  parish  of  Oxford,  and  endowed  with  all  powers  and 
privileges  wlierewith  other  parishes  within  this  government 
are  by  law  endowed. 

Upon  the  humble  motion,  request  and  representation,  of 
Samuel  Willard,  Jabez  Hamlin,  Seth  Wetmore,  Elihu  Chauncy 
and  Robert  Fairchild,  shewing  their  desire  and  design  of  un- 
dertaking to  make  and  manufacture  Potash,  if  they  may  be 
suitably  encouraged  therein  ;  and  that  the  same,  if  performed, 
will  be  of  great  advantage  to  this  government :  Therefore, 
that  all  due  encouragement  may  be  given,  to  promote  such 
profitaljle  and  useful  manufactures  in  this  Colony :  Be  it  en- 
acted, resolved  and  granted,  by  this  Assembly,  and  they  do 
hereby  enact,  resolve  and  grant,  unto  the  said  Samuel  Willard, 
Jabez  Hamlin,  Seth  Wetmore,  Elilui  Cnauncey  and  Robert 
Fairchild,  their  heirs,  executors,  administrators,  assigns  and 
associates,  the  whole  and  sole  liberty  and  privilege  of  making 
and  manufacturing  potash  within  the  bounds  and  limits  of  this 
Colony,  for  and  during  the  full  term  of  twenty  years  next 
[90]    after  this  ||  Assembly  ;  and  that  they,  the  said  Willard, 


396  PUBLIC    RECORDS  [May, 

Hamlin,  Wetmore,  Chaunccy  and  Fairchild,  tlieir  heirs,  ex- 
ecutors, administrators,  assigns  and  associates,  shall  have  lib- 
erty to  erect,  Ijuild  and  set  up,  any  works,  engines  and  ma- 
chines for  that  purpose,  within  the  limits  of  this  Colony, 
within  the  term  aforesaid  ;  and  all  other  persons  are  hereby 
prohibited  and  deljarred  from  doing  or  performing  the  said 
purpose  within  the  limits  of  this  Colony,  within  the  term 
aforesaid,  without  the  special  leave  and  licence  of  the  said 
Willard,  Hamlin,  Wettmore,  Chauncey  and  Faircliild,  their 
heirs,  executors,  administrators,  assigns  and  associates,  upon 
tlie  penalty  and  forfeiture  of  three  hundred  pounds,  to  he  re- 
covered by  action,  bill,  plaint  or  information,  of  the  said  Wil- 
lard, Hamlin,  Wettmore,  Chauncey  and  Fairchild,  their  heirs, 
executors,  administrators,  assigns  and  associates,  in  any  court 
of  record  in  this  Colony,  of  and  from  such  person  or  persons 
as  shall  perform  the  said  work  of  making  potash  as  aforesaid, 
without  leave  as  aforesaid.  Always  provided,  that  this  grant 
or  patent  is  upon  condition,  that  the  abovesaid  Willard,  Ham- 
lin, Wetmore,  Chauncey  and  Fairchild,  their  heirs,  executors, 
administrators,  assigns  and  associates,  shall  make  and  manu- 
facture two  tons  of  good  merchantable  potash,  fit  for  trans- 
portation, within  the  term  of  two  years  next  after  the  rising 
of  this  Assembly,  and  two  tons,  annually,  every  year  after, 
during  the  term  aforesaid.  Provided  also,  that  the  benefit  of 
this  grant  and  patent  shall  not  extend  to  the  said  grantees  in 
such  county  in  this  Colony  where  they  shall  not,  in  the  space 
of  five  years  next  after  the  rising  of  this  Assembly,  set  up 
and  erect  proper  works  for  the  manufacturing  potash  as 
aforesaid. 

This  Assembly  do  establish  and  confirm  Mr.  John  Sandford 
to  be  Lieutenant  of  the  first  company  or  trainband  in  the 
town  of  Litchfield,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Caleb  Chap- 
man to  be  Lieutenant  of  the  north  company  or  trainband  in 
the  town  of  East  Haddam,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Wait  Cornwell 
to  be  Captain  of  the  South  Farm  company  or  trainband  in  the 
town  of  Midletown,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel 
Johnson  to  be  Lieutenant  of  the  South  Farm  company  in  the 
town  of  Midletown,  and  order  that  he  be  commissioned  ac- 
cordingly. 


1741.]  OF      CONNECTICUT.  397 

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Starr 
to  be  Ensig-n  of  tlie  South  Farm  company  in  the  town  of  Midle- 
town,  and  order  that  he  be  commissioned  accordingly. 

Considering  the  difficulties  that  liave  happened  between  the 
proj^rietors  of  the  common  and  undivided  lands  in  the  town 
of  Groton  in  the  county  of  New  London,  and  the  Pcquot  In- 
dians tliat  live  in  the  said  town  :  This  Assembly  do  ap[)oint 
and  fully  impower  Mr.  John  Richards  and  Capt.  Daniel  Coit, 
both  of  New  London,  to  be  the  Overseers  of  the  said  Lidians; 
and  the  said  persons  are  desired  to  take  care  of  the  said  In- 
dians, and  to  direct  them  in  the  improvement  of  their  lands 
in  said  Groton,  and  in  all  matters  of  difficulty. 

[01]  Upon  the  report  of  John  Bostwick,  Samuel  Lewiss 
and  John  Mills,  a  committee  appointed  by  this  Assembly  in 
October  last,  to  state  and  fix  a  place  in  the  town  of  Sharon  for 
to  build  a  meeting  house  on:  Resolved  by  this  Assembly,  that 
a  place  in  the  main  street  of  said  town  known  by  a  stake  and 
stones  aliout  it,  standing  between  the  two  parts  of  the  minis- 
ter's home-lot  divided  by  said  street,  (it  being  the  place  fixed 
l)y  said  committee,)  shall  be,  and  the  same  is  hereby,  fixed 
and  determined  to  be  the  place  that  the  inhabitants  of  said 
Sharon  shall  build  their  meeting  house  for  divine  worship  upon. 

Upon  the  petition  of  Nathaniel  Bosworth,  of  Midletown, 
against  William  Whitmore,  of  said  Midletown,  praying  this 
Assembly  would  set  aside  and  make  null  and  void  a  certain 
judgment  of  the  superior  court  held  in  Hartford  in  March  last, 
and  execution  thereon,  with  the  proceedings  therewith,  upon 
an  action  brought  by  the  said  Whitmore  against  the  said  Bos- 
worth, by  his  writ  dated  the  lOth  day  of  June,  1740,  for  the 
surrendry  of  about  seventy-six  and  an  half  acres  of  land 
with  an  house  standing  thereon,  with  the  appurtenances 
thereof;  in  which  case  the  said  superior  court  gave  judgment 
in  favour  of  the  said  Whitmore  for  the  surrendry  of  said 
house  and  lands  and  his  cost :  It  is  enacted  by  this  Assembly, 
that  the  said  judgment  of  the  superior  court  be  reversed,  set 
aside,  and  made  null  and  void,  and  the  same  is  hereby  reversed, 
set  aside,  and  made  null  and  void,  and  the  said  Bosworth 
allowed  another  tryal  in  said  case  before  the  superior  court  to 
be  holden  at  Hartford  in  September  next ;  and  that  the 
future  cost  in  said  case  follow  the  judgment. 

On  the  representation  made  to  this  Assembly  by  some  of  the 
inhabitants  of  the  town  of  Stafford,  shewing  the  difficulties 
that  arise  among  them,  occasioned  by  the  choice  of  their  select- 
men and  other  town  officers  on  the  2d  day  of  December  last : 

It  is  now  resolved  by  this  Assembly,  That  the  town-clerk, 


398  PUBLIC     RECORDS  [May, 

selectmen  and  other  town  officers,  which  were  chosen  by  those 
who  met  and  first  made  their  choice  of  said  officers,  be  and 
remain  in  their  respective  offices  till  their  animal  meetinp;  to 
be  held  in  said  Stafford  in  December  next.  And  if  by  the 
said  selectmen,  or  any  two  of  them,  it  shall  be  thought  need- 
ful to  have  a  town  meeting  or  meetings  in  said  town  the  cur- 
rent year,  upon  application  by  them  made  to  William  Pitkin, 
Esq"",  (shewing  the  occasion  or  necessity  of  such  meeting,) 
who  is  hereby  authorized  and  fully  impowered,  as  he  shall 
think  fit,  to  direct  the  warning  of  such  meeting,  and  at  such 
meeting  to  preside  their  moderator,  with  full  power  to  dissolve 
or  adjourn  such  meeting  as  he  shall  think  best.  And  the  said 
William  Pitkin,  Esq"",  is  hereby  authorized  and  fully  impow- 
ered to  direct  the  warning  of  the  inhal)itants  of  the  said  town 
of  Stafford  to  attend  their  annual  town-meeting,  to  be  held  in 
said  town  some  time  in  the  month  of  December  next,  at  such 
time  and  place  as  he  shall  appoint,  and  there  as  their  modera- 
tor to  lead  said  meeting  to  the  choice  of  town  officers,  and 
such  other  business  as  siiall  be  tliought  needful. 

And  it  is  further  resolved^  That  all  town-meetings  hereafter 
held  in  said  Stafford  the  current  year,  other  than  such  as  shall 
be  directed  to  by  the  said  William  Pitkin,  Esq"",  shall  be  held 
void  and  of  none  effect. 

[92]  Upon  the  petition  of  John  Lyon,  of  Rye  in  the  county 
of  Westchester  and  Province  of  New  York,  vs.  John  Brush,  of 
Greenwich  in  the  county  of  Fairfield  and  Colony  of  Connecti- 
cut, complaining  of  an  act  of  this  Assembly,  past  at  their  ses- 
sions lield  in  New  Haven  on  the  loth  day  of  October,  A.Dom. 
1737,  wherein  it  is  declared  and  decreed  that  a  certain  deed, 
conveying  the  said  Brush's  housing  and  lands  to  said  Lyon, 
bearing  date  September  30th,  1784,  put  into  the  hands  of  one 
Bush  to  lye  as  security,  &c.,  was  wrongfully  delivered  up; 
and  that,  therefore,  the  said  deed  was  and  should  be  void  and 
of  none  effect,  and  should  not  be  admitted  in  evidence  in  any 
court ;  and  praying  for  a  reversal  of  the  act  and  decree  afore- 
said, for  that  he  was  not  in  del)t  to  the  said  Brush,  but  that 
the  said  Brush  was  in  debt  to  him,  and  for  security  thereof 
gave  the  deed  aforesaid  ;  as  by  his  petition  more  fully  appears : 
And  it  now  appearing  to  this  Assembly,  that  the  said  act  and 
decree  was  founded  on  a  mistake,  in  that  the  said  Brush  was 
in  debt  to  the  said  Lyon  in  a  considerable  sum,  which  to  se- 
cure to  said  Lyon,  he  gave  the  deed  aforesaid,  in  the  form 
aloresaid : 

It  is  therefore  resolved  and  decreed  hy  this  Assembly.,  That 
the  said  act  and  decree  of  this  Assembly,  passed  and  made  at 
their  sessions  in  October,  1737,  aforesaid,  declaring  and  de- 


1741.]  OP      CONNECTICUT.  399 

creeiiig  said  deed  to  be  void,  shall  be  repealed,  set  aside  and 
reversed,  and  the  same  is  hereby  repealed,  set  aside,  reversed 
and  made  void.  And  it  is  herel)y  resolved,  ordered  and  de- 
creed, that  the  said  deed,  o-iven  by  the  said  Brush  to  the  said 
Lyon,  dated  September  80th,  17o4,  sliall  l)e,  and  the  same  is 
liereby  decreed  and  declared  to  be,  as  good  and  effectual,  to 
all  intents  and  purposes,  as  it  was  l)efore  the  making  and 
passing  the  said  decree  for  vacating  the  same  ;  anything  in  tlie 
said  act,  declaration  or  decree,  in  any  wise  to  the  contrary 
notwiihstanding ;  and  tliat  the  said  Lyon  shall  recover  his 
cost,  allowed  to  be  ninety  pounds  and  two  pence  money.  Ex. 
granted  Oct.  21iS<,  1141.,  for  said  coat. 

Upon  the  petition  of  John  Reynolds,  jun'',  of  Weathersfield 
in  the  county  of  Hartford,  vs.  Charles  Bulkley,  of  Colchester 
in  said  county,  comjdaining  of  a  judgment  of  the  superior 
court,  held  in  Hartford  on  the  first  Tuesday  of  March  last, 
against  the  petitioner, in  favour  of  the  said  Bulkley,  on  a  writ 
brouglit  by  the  petitioner  against  the  said  Bulkley,  for  his  not 
returning  an  execution  according  to  the  direction  therein 
given,  and  tliat  in  said  judgment  of  said  superior  court  there 
is  error  ;  and  thereupon  ])raying  for  a  reversal  of  the  said  judg- 
ment and  another  tryal  of  said  case,  as  per  his  petition  on 
file  more  at  large  appeareth  :  This  Assembly,  having  heard 
the  parties  and  considered  the  case,  are  of  opinion,  that  the 
judgment  aforesaid  is  erroneous:  And  thereupon,  it  is  re- 
solved by  this  Assembly,  that  the  said  judgment  shall  be  re- 
versed, and  the  same  is  hereby  reversed,  adnulled  and  made 
void,  and  another  tryal  of  said  case  is  granted  to  the  peti- 
tioner, at  the  superior  court  to  be  held  in  Hartford  on  the 
first  Tuesday  of  September  next ;  and  that  the  whole  cost  fol- 
low the  judgment  that  shall  be  given  in  said  case. 

On  the  petition  of  Josiah  Loomiss,  jun.,  of  Symsbury,  repre- 
senting that  in  a  tryal  at  the  superior  court  in  September 
last,  at  Hartford,  of  an  action  by  him  prosecuted  against 
James  Crozier  of  said  Symslniry,  he,  being  not  allowed  his 
oath  to  his  book  in  said  tryal,  lost  the  sum  demanded,  and 
had  judgment  rendered  against  him  in  favour  of  said  Crozier 
for  tlie  recovery  of  cost  &c.  ;  and  praying  for  reversal  of  said 
judgment  and  liberty  of  a  new  tryal  of  said  case  at  the  next 
[93]  II  superior  court  in  Hartford,  as  per  petition  on  file, 
dated  May  the  0th,  1741  :  Resolved  by  this  Assembly,  that 
the  said  judgment  be  reversed,  and  the  same  is  hereby  re- 
versed, with  all  the  proceedings  thereon  ;  and  that  the  said 
petitioner  be  allowed  another  tryal  of  said  case  at  the  supe- 
rior court  to  be  holden  at  Hartford  in  September  next ;  and 
that  the  whole  cost  shall  follow  the  said  tryal. 


400  PUBLIC      RECORDS  [May, 

Whereas  the  inhabitants  of  that  part  of  Woodberry  catled 
Shippauge,  and  the  inhabitants  of  the  western  part  of  the 
north  purchase  in  Woodberry  aforesaid,  have  respectively 
prayed  tliis  Assembly  to  be  made  a  distinct  ecclesiastical  so- 
ciety :  This  Assembly  do  appoint  and  fully  impower  ISIessrs. 
Benja.  Hall,  John  Southmaid  and  Stephen  Hopkins,  to  be  a 
committee  to  repair  to  said  Woodberry  and  hear  the  commit- 
tee of  the  first  society  in  Woodberry,  and  the  respective  par- 
ties that  pray  to  be  set  off  and  made  distinct  societies  ;  and 
upon  their  viev;^,  to  consider  their  circumstances  and  the  cir- 
cumstances of  said  first  society  ;  and  if  the  said  committee 
shall  think  it  necessary  that  there  be  one  or  two  parishes 
made  in  the  said  town,  then  the  said  committee,  having 
first  heard  all  persons  concerned,  shall  determine  and  affix 
the  line  of  such  society  or  societies  so  to  be  made,  and  report 
their  whole  doings  to  this  Assembly  in  October  next.  To  be 
done  at  the  charge  of  the  petitioners  and  said  first  society. 

Upon  the  memorial  of  Jonathan  Riley,  of  Weathersfield, 
administrator  on  the  estate  of  David  Riley,  late  of  said  Weatii- 
ersfield,  deceas'd,  praying  liberty  to  sell  some  part  of  tlie  real 
estate  of  the  said  David  Riley,  to  pay  debts  witli  :  This  As- 
sembly grants  liberty  to  the  said  Jonathan  Riley,  with  the 
advice  of  the  judge  of  the  court  of  probate  for  the  county  of 
Hartford,  to  sell  of  the  said  real  estate  to  the  value  of  tliirty- 
six  pounds  seven  shillings,  money,  for  the  purpose  aforesaid. 

On  the  memorial  of  Elnathan  Hall,  of  Stratfield  in  the 
town  and  county  of  Fairfield  in  the  Colony  of  Connecticut, 
shewing  to  this  Assembly  that  the  said  memorialist  made  and 
executed  a  deed  of  mortgage  of  sixteen  acres  of  land  to  the 
Governor  and  Company  of  said  Colony,  lying  in*  said  Strat- 
field, l)eing  bounded  as  by  deed  may  fully  appear,  bearing 
date  May  the  9th,  1737  ;  which  deed  was  executed  with  de- 
sign to  release  a  mortgage  deed  given  by  one  Ebenezer  French 
of  said  Stratfield  to  the  aforesaid  Governor  and  Company,  but 
was  not  accepted  in  lieu  thereof;  and  that  the  said  memori- 
alist hath  not  received  anything  in  consideration  of  said  deed  ; 
and  praying  this  Assembly  would  appoint  and  impower  his 
Honour  the  Governor  and  Secretary  of  tli€  Colony  aforesaid, 
at  the  charge  of  the  memorialist,  to  execute  a  deed  of  release 
of  the  said  sixteen  acres  of  land  unto  your  memorialist,  that 
so  he,  the  said  Elnathan  Hall,  may  be  quietly  seized  thereof: 
This  Assembly  dp  appoint  and  impower  his  Honour  the  Gov- 
ernor and  Secretary  aforesaid,  to  give  a  deed  of  release  of  the 
said  sixteen  acres  unto  him,  the  said  Elnathan  Hall,  and  his 
heirs,  &c. 


1741.]  OF      CONNECTICUT.  401 

Upon  the  memorial  of  Jemima  Peck  of  Lyme,  administratrix 
on  the  estate  of  William  Peck,  late  deceased,  shewing  to  this 
[94]  Assembly  that  the  debts  of  the  estate  ||  of  said  deceased 
amount  to  the  sum  of  XI 17  17.s.  Sd.  more  than  the  moveable 
estate  of  said  deceas'd  ;  praying  that  liberty  might  be  granted 
to  sell  such  a  part  of  the  real  estate  of  said  deceased,  to  pay 
the  aforesaid  debts,  &c.  :  This  Assembly  grants  liberty  to  , 
Benjamin  Peck  of  said  Lyme,  with  the  advice  of  the  court  of 
j)robate  within  the  county  oi  New  London,  to  sell  so  much  of 
the  real  estate  of  the  said  deceased  as  will  amount  to  the  sum 
of  .£117  17s.  'Sd.  with  the  necessary  charges  thereon  arising, 
and  the  same  deliver  to  the  aforesaid  administratrix,  to  pay 
the  aforesaid  debts. 

Whereas  this  Assembly,  in  their  sessions  in  October  last, 
did  appoint  Messrs.  Jonathan  Dunham,  Samuel  Lewiss  and 
John  Mills,  to  be  a  committee  to  repair  to  the  town  of  Corn- 
wall, and  to  view  the  circumstances  of  the  place,  the  situation 
of  the  inhabitants,  &c.,  and  to  affix  a  place  for  said  inhabit- 
ants to  build  a  meeting  house  on  ;  and  said  committee  having 
compHed  with  said  appointment,  and  making  report  to  this 
Assembly,  that  according  to  their  best  judgment  they  have 
set  up  a  stake  at  a  certain  place  in  said  Cornwall,  and  laid 
stones  about  it,  which  is  on  the  westward  side  of  a  highway 
that  runs  northward  and  southward,  and  is  abcmt  twenty  rods 
north  of  Mr.  George  HoUoway's  frame,  at  the  south  end  of  a 
hill,  the  same  to  be  the  place  whereon  said  meeting  house  is 
to  stand  :  This  Assembly  doth  accept  the  report  of  said  com- 
mittee, and  do  accordingly  order  and  appoint  that  the  said 
place  by  them  affixed  shall  be  the  place  whereon  said  meeting 
house  shall  be  built. 

Upon  the  memorial  of  Peter  Pratt  of  Sharon,  clerk  :  Re- 
solved by  this  Assembly,  that  Joseph  Whiting,  Esq'",  and 
Capt.  Isaac  Dickerman  be  directed,  and  they  are  hereby  di- 
rected, to  take  a  bond  of  the  memorialist,  with  sufficient 
surety,  to  the  Governor  and  Company  of  this  Colony,  in  the 
room  of  a  bond  given  by  John  Gould  and  Samuel  Palmer  for 
a  right  of  land  in  said  Sharon  ;  including  in  said  bond  to  bo 
given  all  that  is  due  on  said  Palmer  and  Gould's  bond  ;  and 
having  taken  the  same,  lodge  it  with  the  Treasurer  instead  of 
the  other  bond  taken  up  as  aforesaid. 

Upon  the  memorial  of  Samuel  Canfield,  agent  for  the  town 
of  New  Milford,  shewing  to  this  Assembly  that  Messrs.  Sam- 
uel Brunson,  Daniel  Boardman,  John  Bostwick  and  Zachariah 
Ferriss,  and  sundry  others,  hihabitants  of  the  town  of  New 
Milford,  did  purchase  of  Roger  Wolcott,  Esq^,  Colo.  William 
51 


402  PUBLIC    RECORDS  [May, 

Whiting  and  Capt.  Thomas  Seymour,  &q.,  one  certain  tract 
of  land  joyning  to  the  north  bounds  of  said  New  Milford,  being 
in  length  east  and  west  six  miles,  and  north  and  south  one 
mile  and  half ;  being  bounded  south  on  the  north  bounds  of 
said  New  Milford  township,  west  on  the  great  river,  north  on 
the  land  called  Fairweather's  Grant,  east  on  the  land  com- 
'  monly  called  Warramauge's  Reserve  ;  and  about  four  years 
last  past  the  said  Samuel  Brunscjin  and  Daniel  Boardman,  &c., 
obtained  a  patent  from  the  Governor  and  Company  for  the 
same  ;  and  that  the  said  land  is  not  included  in  any  town 
bounds  whatsoever ;  praying  this  Assembly  to  annex  the  land 
aforesaid  to  the  town  of  New  Milfoid  aforesaid  :  Resolved  by 
this  Assembly,  that  the  said  land  be  annexed,  and  the  same 
is  hereby  annexed,  to  the  township  of  New  Milford  aforesaid, 
and  that  for  the  future  the  same  shall  be  deemed  a  part  of 
the  town  of  New  Milford. 

[95]  Upon  the  memorial  of  Samuel  Gore  and  Elizabeth  Bra- 
man,  of  Voluntown  in  the  county  of  Windham,  administrators 
on  the  estate  of  James  Braman,  late  of  said  Voluntown,  de- 
ceased, shewing  to  this  Assembly  that  the  debts  due  from  the 
said  deceased  at  the  time  of  his  death  surmounted  his  movea- 
ble estate  the  sum  of  X138  19s.  'Id.  ;  thereupon  praying  that 
they  may  be  impowered  to  sell  so  much  of  the  deceased's  lands, 
sufficient  to  raise  said  sum  :  Whereupon  this  Assembly  do 
authorize  and  fully  impower  the  said  Samuel  Gore  and  Eliza- 
beth Braman,  with  the  advice  of  the  court  of  probate  in  the 
county  of  Windham,  to  sell  so  much  of  the  real  estate  that 
belonged  to  the  said  deceased  as  will  raise  the  said  sum  of 
<£  138  19s.  2c?.  with  what  may  be  necessary  to  defray  the 
charges  of  such  sale.  And  the  said  persons  are  to  pay  and 
answer  the  said  delfts  with  the  money  so  raised,  giving  an  ac- 
count to  the  said  court  of  probates  of  their  w^hole  doings  upon 
the  premises. 

Upon  the  memorial  of  the  inhabitants  of  Goshen :  This 
Assembly  appoint  Messrs.  William  Marsh,  Samuel  Culver,  and 
Isaac  Bissel,  jun.,  all  of  Litchfield,  upon  the  cost  of  the  in- 
habitants, to  repair  to  said  Goshen,  and  to  view  the  circum- 
stances of  the  town  and  people,  and  to  hear  the  inhabitants 
upon  the  premises,  and  then  to  affix  and  ascertain  a  place  for 
them  to  set  their  meeting  house  on  for  publick  "worship ;  and 
make  report  of  their  doings  to  this  Assembly  at  their  sessions 
in  October  next. 

Upon  the  memorial  of  Benjamin  Spencer,  of  Haddam  in 
the  county  of  Hartford,  shewing  to  this  Assembly  that  he 
conveyed  to  the  Honourable  Governor  and  Company  of  the 


1741.]  OF      CONNECTICUT.  403 

Colony  of  Connecticut  fifty-eiglit  acres  of  land  in  Haddam 
aforesaid,  by  a  mortgage  deed  dated  the  14th  day  of  Febru- 
ary, A.  D.  1740-41,  in  consideration  of  the  sum  of  twenty- 
five  pounds  in  the  new  tenour  bills  of  credit,  which  he  was  to 
have  and  receive  of  the  Treasurer  of  said  Colony,  and  that  he 
hath  not  received  the  same,  or  any  part  thereof;  and  praying 
to  this  Assembly,  that  the  Honourable  the  Governor  and 
Secretary  of  said  Colony  may  be  inipowcred  by  this  Assembly 
to  reconvey  the  said  land  to  the  memorialist,  Ity  a  deed  of 
release  by  tliem  executed,  &c.  :  This  Assemljly  enacts  and 
grants,  that  the  Honi^ie  the  Governor  and  Mr.  Secretary  be 
desired,  and  they  are  hereby  impowered  in  behalf  of  the 
Governor  and  Company  of  this  his  Majesty's  Colony  of  Con- 
necticut, at  the  cost  of  the  said  Benjamin  Spencer,  to  make 
and  execute  a  deed  of  release  of  tlie  premises,  as  described 
and  bounded  in  the  deed  of  mortgage  above  referred  unto,  to 
him,  the  said  Spencer ;  and  that  by  virtue  thereof  he  shall  be 
reseized  of  the  same. 

Upon  the  memorial  of  Samuel  Hoit  of  Stamford,  adminis- 
trator on  the  estate  of  Nathan  Sturgis  late  of  said  Standford, 
deceased,  shewing  that  the  debts  due  from  said  estate  sur- 
mount the  personal  estate  the  sum  of  fifty-two  pounds  two 
shillings  and  seven  pence,  and  praying  for  liberty  to  sell  so 
much  of  the  real  estate  of  said  deceased  as  will  answer  the 
said  sum  and  necessary  charges  arising  thereon  :  This  Assem- 
bly appoint  and  substitute  the  said  administrator,  and  Mr. 
Jonas  Weed,  of  said  Stanford,  to  make  sale  of  so  much  of  the 
real  estate  of  said  deceased  as  will  be  sufficient  to  answer  the 
said  sum  of  X52  2s.  Id.  witii  the  necessary  charges  arising 
thereon,  taking  the  direction  of  the  court  of  probate  in  the 
district  of  Stanford   therein. 

[96]  Upon  the  memorial  of  John  Hill,  Peter  Yarrington, 
David  Lamb,  Daniel  Meach,  Ephraim  Smith,  Ezekiel  Yarring- 
ton and  Moses  Meach,  inhabitants  of  the  north  society  of 
Stoningtown  in  the  county  of  New  London,  shewing  to  this 
Assembly  that  they,  the  memorialists,  live  in  the  northwest 
corner  of  the  aforesaid  society,  and  about  seven  miles  distant 
from  the  house  of  publick  worship  in  said  society,  and  within 
one  mile  and  seven  score  rods  of  the  meeting  house  of  publick 
worship  in  the  south  society  in  Preston  in  the  county  aforesaid  ; 
praying  that  the  lands  on  which  they  now  dwell,  lying  west- 
northwestward  of  a  line  from  a  meerstone  in  the  north  line  of 
said  Stoningtown  one  mile  and  three-quarters  distant  from  the 
northwest  corner  of  said  Stoningtown,  thence  from  said 
meerstone  a  straight  line  to  a  meerstone  in  the  west  line  of 
said  Stoningtown  one  mile  and  three  quarters   distant  from 


404  PUBLIC    RECORDS  [May, 

said  northwest  corner,  may  be  annexed  to  the  said  south 
society  in  Preston,  and  that  said  memorialists,  and  their  suc- 
cessors that  shall  be  dwellers  on  said  lands,  may  be  dis- 
charged from  paying  minister's  rates  in  said  north  society  in 
Stoningtown,  and  directed  to  pay  their  said  rates  to  the  said 
south  society  in  Preston  :  This  Assembly  do  thereupon  annex 
the  abovesaid  lands  to  tlie  said  south  society  in  Preston,  and 
order  that  the  said  memorialists,  and  their  successors  dwelling 
on  said  lands,  pay  their  parish  charges  there ;  and  they  are 
hereby  discharged  from  paying  parish  charges  in  said  north 
society  in  Stoningtown, 

Upon  the  memorial  of  Capt.  John  Sabin,  agent  for  the  west 
society  in  Norwich,  sliewing  that  the  committee  appointed  by 
this  Assembly  in  October  last,  to  view  the  circumstances  of  said 
society  and  determine  whether  it  were  best  for  the  inhabitants 
thereof  to  build  a  new  meeting  house,  and  if  they  judged  it 
necessary,  then  to  affix  a  place,  &c.,  by  reason  of  the  difficulty 
of  the  winter  past  and  spring,  wxre  not  called  to  attend  tliat 
service  till  just  before  tlie  sessions  of  this  Assembly,  and  so 
tlie  said  committee  were  not  able  to  accomplish  the  business 
and  make  report  at  this  time  ;  and  praying  that  tlie  same  com- 
mittee be  invested  with  the  same  power,  and  have  the  same 
directions  given  them  as  in  the  act  aforesaid  :  Resolved  by 
this  Assembly,  that  Colo.  John  Bulkley,  Mr.  Elisha  Pain  and 
Capt.  Israel  Newton,  be  a  committee  to  repair  to  said  parish 
and  hear  all  persons  concerned,  and  determine  whether  it  be 
best  for  said  parish  to  build  a  new  meeting  liouse  ;  and  in  case 
they  judge  it  necessary,  then  determine  in  what  place  the 
same  ought  to  be  erected;  and  make  report  of  tbeir  doings 
in  said  affair  to  this  Assembly  in  their  sessions  in  October 
next.  And  its  again  resolved,  that  upon  the  said  committees 
determining  that  a  new  meeting  house  be  built,  and  appoint- 
ing a  place  as  aforesaid,  it  shall  be  lawful  for  said  parish  to 
proceed  in  preparing  to  build  a  meeting  house,  as  they  might 
do  in  case  two-thirds  of  said  inhabitants  had  voted  that  they 
had  need  to  build. 

Upon  the  memorial  of  the  inliabitants  of  Sharon,  shewing 
to  this  Assembly  that  it  is  needful  that  a  tax  be  laid  upon 
their  lands,  in  order  to  raise  money  to  support  their  minister 
[97]  and  to  build  their  meeting  house :  ||  Resolved  by  this 
Assembly,  that  a  tax  of  four  pence  on  the  acre  on  the  last 
two  hundred  acre  division  granted  to  be  laid  out,  be  laid  for 
the  space  of  four  years ;  and  that  the  first  year's  tax  be  forth- 
witli  collected  and  paid  to  the  selectmen  of  said  town,  to  be 
improved  to  said  use ;  and  the  rest  in  such  manner  and  time 
as  said  inhabitants  shall  agree,  provided  it  be  annually  done. 


1741.]  OP      CONNECTICUT.  405 

And  the  collectors  of  rates  in  said  town  are  hereby  iinpovv- 
ered  to  levy  and  collect  the  same :  and  in  doing  it  they  shall 
have  the  same  power  and  privileges,  and  be  nnder  the  same 
restriction,  that  collectors  of  rates  by  laws  of  this  Colony  are. 
And  an  assistant  or  justice  of  the  peace  are  hereby  directed 
to  grant  distresses  for  collecting  the  same,  whenever  the 
collectors  shall  apply  for  the  same.  And  always  when  said 
tax  is  collected,  it  shall  be  forthwith  paid  to  the  selectmen  of 
said  town  for  the  time  being,  for  said  use. 

Upon  the  memorial  of  the  inhabitants  of  the  town  of  New 
Milford,  praying  this  Assembly  that  the  bridge,  which  they 
are  about  to  rebuild  and  repair  across  the  great  river,  be  a 
toll-bridge,  and  all  persons  pay  for  passing  the  same,  saving 
only  those  that  shall  contribute  to  tlie  repairing  the  same 
according  to  their  rates  raised  for  that  purpose  in  said  town 
upon  their  lists  of  estate  in  the  year  1740  :  Resolved  by  this 
Assembly,  that  the  said  bridge,  when  built,  shall  be  a  toll- 
bridge  the  space  of  ten  years  only ;  and  that  the  fare  thereof 
be  four  pence  for  man,  horse  and  load,  nine  pence  for  a  team, 
and  one  penny  per  head  for  horses  and  cattle  that  shall  be 
drove  over  ;  payable  by  all  persons,  saving  and  excepting  only 
those  that  had  a  list  in  said  town  in  the  year  1740,  and  shall 
pay  their  rates  and  proportion  thereon  for  the  rebuilding 
said  bridge  when  known  and  required,  and  all  that  hold  under 
such  persons,  either  by  grant  or  lease,  and  those  that  act  for 
such  persons  or  upon  their  interest. 

Upon  the  memorial  of  Eleazer  Gary,  Nathaniel  Wales,  jun., 
and  John  Fitch,  jun.,  selectmen  of  the  town  of  Windham, 
shewing  to  this  Assembly,  that  this  Assembly  did,  at  their 
sessions  holden  at  Hartford  on  the  2d  Thursday  of  May,  A.  D. 
1739,  upon  the  memorial  of  Eleazer  Gary  &c.,  selectmen  of 
said  Windham,  resolve,  &c.,  and  impower  Mr.  Isaac  Burnap 
and  Mr.  Benjamin  Bedlake,  of  said  Windham,  to  sell  one  cer- 
tain propriety  of  land  belonging  to  one  Jonathan  Preston  of 
said  Windham,  and  that  the  said  Burnap  and  Bedlake  have 
since  deceased,  and  have  not  made  sale  of  the  said  land  ;  and 
thereupon  pray  that  this  Assembly  would  impower  them,  the 
said  memorialists,  or  some  other  meet  persons,  to  sell  the 
said  lands :  And  thereupon  it  is  resolved  by  this  Assembly, 
that  Messrs.  Eleazer  Gary,  Nath'  Wales,  jun.,  and  John  Fitch, 
jun.,  of  said  Windham,  or  any  two  of  them,  be  impowered, 
and  they  are  hereby  impowered,  to  sell  the  said  land  of  the 
said  Jonathan  Preston,  and  do  in  all  respects  as  fully  as  the 
said  Isaac  Burnap  and  Benjamin  Bedlake  were  impowered  to 
do,  by  act  of  this  Assembly  holden  at  'Hartford  May,  A.  D. 
1730,  respect  thereto  being  had. 


406  PUBLIC    EECORDS  [May, 

Upon  the  memorial  of  Edward  Higby,  David  Sage,  Sam- 
uel Hart,  &c.,  all  of  the  northwest  part  of  Midletown,  pray- 
ing this  Assembly  to  set  them  off  to  be  a  distinct  ecclesi- 
[98]  astical  society  with  parish  privileges,  and  the  bounds  |1 
thereof  to  begin  at  tlie  northwest  corner  of  Midletown, 
and  to  run  on  the  west  line  of  Midletown  half  the  wliole 
breadth  of  said  town,  then  eastward  a  parallel  line  with 
Weathersfield  line  two  miles  and  an  half,  then  northward  a 
parallel  line  with  Midletown  center  line  to  the  Ferry  river, 
then  to  Weathersfield  bounds,  or  such  other  bounds  as  this 
Assembly  shall  think  fit;  praying  for  a  committee  to  view 
the  circumstances  of  said  memorialists,  and  make  report,  <fec. : 
Resolved  by  this  Assembly,  that  Colo.  Thomas  Welles,  Mr. 
Jonathan  Hale,  of  Glassenbury,  and  Capt.  Jonathan  Hills  of 
Hartford,  be  a  committee  to  repair  to  said  place,  first  giving 
notice  to  all  parties  concerned  therein,  and  view  the  circum- 
stances of  said  memorialists,  and  hear  the  parties  concerned, 
and  make  report  to  this  Assembly,  at  their  sessions  at  New 
Haven  in  October  next,  of  their  opinion  thereon. 

Upon  the  memorial  of  Robert  Cogswell,  of  Haddam  in  the 
county  of  Hartford,  shewing  to  this  Assembly  that  he  con- 
veyed to  the  Hon'^''^  Governor  and  Company  of  the  Colony  of 
Connecticut  thirty-five  acres  of  land  in  Haddam  aforesaid,  by 
a  mortgage  deed  dated  the  13th  day  of  February,  A.  D.  1741, 
in  consideration  of  twenty-five  pounds  in  the  new  tenour  bills 
of  credit,  which  he  Avas  to  have  and  receive  of  the  Treasurer 
of  said  Colony,  and  that  he  hath  not  received  the  same  or 
any  part  thereof;  and  praying  to  this  Assembly  that  the 
Honi^'e  the  Governor  and  Secretary  of  said  Colony  may  be 
impowered  by  this  Assembly  to  reconvey  the  said  land  to  the 
memorialist  hy  a  deed  of  i-elease  by  them  executed,  <fcc.  :  This 
Assembly  enacts  and  grants,  that  the  Honi^'e  the  Governor 
and  Mr.  Secretary  Wyllys  be  desired,  and  they  are  hereby 
impowered,  in  behalf  of  the  Govei-nor  and  Company  of  this 
his  Majesty's  Colony  of  Connecticut,  at  the  cost  of  said  Cogs-: 
well,  to  make  and  execute  a  deed  of  release  of  the  premises, 
as  described  and  bounded  in  the  deed  of  mortgage  above  re- 
ferred unto,  to  him,  the  said  Cogswell,  and  that  by  virtue 
thereof  he  shall  be  released  of  the  same. 

Upon  the  memorial  of  Ebenezer  Arnold,  of  Haddam  in 
the  county  of  Hartford  in  this  his  Majesty's  English  Colony 
of  Connecticut,  shewing  to  this  Assembly  that  he  conveyed 
to  the  Honbie  Governor  and  Company  of  the  Colony  afore- 
said, two  pieces  or  parcels  of  land,  (yiz:^  one  of  twelve  acres 
and  the  other  of  four  acres,  both  pieces  lying  in  Haddam 
aforesaid,  by  a  mortgage  deed  dated  the  18th  day  of  Febru- 


1741.]  OF      CONNECTICUT.  407 

aiy,  1740-41.  in  consideration  of  the  sum  of  twenty-five 
pounds  in  the  new  tenour  bills  of  credit  which  he  was  to  have 
and  receive  of  the  Treasurer  of  said  Colony,  and  that  he  hath 
not  received  the  same,  or  any  part  thereof;  and  praying  to 
this  Assembly  that  the  Hon"^'^  the  Governor  and  Secretary  of 
said  Colony  be  impowered  by  this  Assembly  to  reconvey  the 
said  pieces  of  land  to  the  memorialist,  by  a  deed  of  release  by 
them  executed,  &c. :  This  Assembly  enacts  and  grants,  that 
the  Honourable  the  Governor  and  Mr.  Secretary  be  desired, 
and  they  are  hereby  impowered,  in  behalf  of  the  Governor  and 
Company  aforesaid,  at  the  cost  of  the  said  Arnold,  to  make 
and  execute  a  deed  of  release  of  the  premises,  as  descril)ed 
and  bounded  in  the  deed  of  mortgage  above  referred  to,  to 
him,  the  said  Ebenezer  Arnold;  and  that  by  virtue  thereof  he 
shall  be  reseized  of  the  same. 

[99]  Upon  the  memorial  of  Peter  Ripley  and  Josiah  Rip- 
ley, of  Windham,  administrators  on  the  estate  of  Jeremiah 
Ripley,  late  of  said  Windham,  deceased,  shewing  to  this  As- 
sembly that  the  said  deceased  dyed  in  debt  the  sum  of  X89  6s. 
Sd.  more  than  what  his  goods  and  chattels  would  pay  ;  and 
thereupon  praying  that  this  Assembly  would  impower  them, 
the  said  administrators,  to  sell  so  much  of  the  said  deceas'd's 
lands  as  will  be  sufficient  to  pay  the  said  X89  Qs.  Sd.  with 
the  necessary  charges  that  may  arise  in  selling  the  same : 
And  thereupon  this  Assembly  do  appoint  and  impower  the 
said  administrators,  or  either  of  them,  to  sell  so  much  of  the 
lands  or  real  estate  of  the  said  deceased,  (but  by  and  with 
direction  of  the  court  of  probate  in  the  county  of  Windham,) 
as  shall  be  sufficient  to  pay  the  said  £89  6s.  Sd.,  and  the 
incident  charges. 

Upon  the  memorial  of  William  Blogget  of  Preston,  ad- 
ministrator on  the  estate  of  Doctor  William  Blogget,  late  of  said 
Preston,  deceased,  representing  to  this  Assembly  that  the 
said  deceased  dyed  in  debt  the  sum  of  .£255  Ss.  2d.  more  than 
what  his  goods  and  chattels  would  pay  and  satisfy  ;  and  there- 
upon praying  this  Assembly  to  impower  some  meet  person 
to  sell  so  much  of  the  real  estate  of  the  said  deceased  as  may 
be  sufficient  to  pay  the  said  sum  of  .£255  Ss.  2d.  by  the  ad- 
vice of  the  court  of  probate  in  the  county  of  New  London  : 
This  Assembly  do  thereupon  appoint  Mr.  John  Douglass  of 
Plainfield,  with  the  advice  and  direction  of  the  court  of  pro- 
bate in  said  New  London  county,  to  make  sale  of  so  mucli  of 
the  lands  of  the  said  deceased  as  to  pay  the  aforesaid  sum  of 
£255  8s.  2d.  and  charge  arising  about  the  same. 

Upon  the  memorial  of  Jacob  Hart  of  Stanford,  adminis- 
trator on  the  estate  of  Ebenezer  Jessup,  late  of  said  Stanford, 


408  .    PUBLIC     RECORDS  [May, 

deceased,  shewins:  that  the  debts  due  from  said  estate  surmount, 
the  personal  estate  of  said  deceased  the  sum  of  £759  17s.  2d.^ 
and  praying  for  liberty  to  sell  so  much  of  the  real  estate  of  the 
said  deceased  as  may  be  sufficient  to  pay  the  said  sum  and 
the  necessary  charges  arising  thereon  :  Resolved  by  this  As- 
sembly, that  tlie  memorialist  have  liberty  to  sell  so  much  of 
the  real  estate  of  the  said  deceased  as  may  be  sufficient  to 
answer  the  said  £759  17s.  2d.  and  the  necessary  charges 
arising  thereon  ;  and  Capt.  Jonathan  Maltbie  of  Stanford, 
and  the  said  administrator,  are  liereby  appointed  and  substi- 
tuted to  make  sale  of  tlie  same  for  the  purpose  aforesaid, 
taking  the  direction  of  the  court  of  probate  in  the  district  of 
Stanford  therein. 

Upon  the  memorial  of  James  Church,  administrator  on  the 
estate  of  John  Day,  late  of  Hartford,  deceased,  shewing  that 
the  whole  inventory  of  the  said  deceased's  estate,  real  and 
personal,  amounts  to  the  sum  of  £(32  18s.  2;:?.,  and  that  the 
debts  due  from  the  said  deceased  amount  to  £196  15s.  6'i., 
praying  liberty  to  sell  the  lands  of  said  deceased,  to  make 
payment  of  the  debts  aforesaid  as  far  as  the  same  may  extend  : 
This  Assembly  grants  to  said  James  Church  liberty,  by  and 
with  the  advice  and  direction  of  the  court  of  probate  of  the 
county  of  Hartford,  to  sell  so  much  of  the  real  estate  of  the 
said  J(jlin  Day,  deceased,  as  will  be  sufficient  to  pay  the  debts 
and  the  necessary  charges  arising  on  the  sale  thereof. 

On  the  memorial  of  snndiy  of  the  inhabitants  of  the  town 
of  Lebanon,  praying  for  a  second  Troop  of  Horse  to  be  formed 
in  the  twelfth  regiment,  so  as  to  include  the  memorialists  : 
Resolved  by  this  Assembly,  that  a  second  troop  of  horse  may 
be  erected  and  formed  in  the  said  twelfth  regiment  in  this 
[100]  Colony,  ||  and  to  include  the  towns  of  Lel^anon  and 
Hebron,  and  to  consist  of  a  suitable  number,  not  exceeding 
sixty-four  men  including  officers,  to  be  under  the  conduct  and 
direction  of  the  chief  officers  of  said  regiment.  And  the  said 
chief  officers  are  directed  to  form  the  said  troop,  including 
the  memorialists  and  such  others  as  shall  inlist  themselves 
out  of  the  said  towns  of  Lebanon  and  Hebron,  and  to  lead,  or 
cause  such  troop  to  be  led,  to  the  choice  of  officers,  and  make 
due  return  thereof  to  the  General  Assembly,  that  they  may 
be  commissioned. 

Upon  the  memorial  of  Josiah  Starr  of  Danbury,  in  behalf 
of  himself  and  Samuel  Starr,  Comfort  Starr  and  Ebenezer 
Knapp,  all  of  said  Danbury,  shewing  to  this  Assembly  that 
they  gave  bonds,  according  to  the  acts  of  this  Assembly,  to 
secure  the  payment  of  £275  Os.  Od.  of  the  new  tenour   bills 


1741.]  OP      CONNECTICUT.  409 

of  credit  with  the  interest  thereof,  to  tlie  [Ion^''e  the  Governor 
and  Company  of  the  Colony  of  Connecticut,  at  the  certain 
times  and  periods  as  in  the  act  of  Assembly  for  loaning  out 
said  bills  is  appointed,  and  that  the  said  bonds  are  lodged  in 
the  Secretary's  office,  and  that  they  received  of  the  commit- 
tee appointed  to  loan  out  said  bills  in  the  county  of  Fairfield 
four  orders  upon  the  Treasurer  of  said  Colony,  directing  him 
to  pay  the  several  sums  therein  mentioned,  amounting  in  the 
whole  to  the  sum  of  £215  Os.  Od.  as  ai)ovesaid,  and  that  the 
Treasurer  would  not  pay  the  same  without  the  special  direc- 
tion of  this  Assembly :  It  is  resolved  by  this  Assembly,  that 
the  Treasurer  be,  and  he  is  hereby,  directed  to  pay  the  several 
sums  mentioned  in  the  orders  aforesaid  to  the  persons  above- 
named,  amounting  in  the  whole  to  tl^e  sum  aforesaid. 

Upon  tlie  memorial  of  Benjamin  Woodruff,  Samuel  Smedley, 
Josiah  Strong,  Samuel  Strong,  Thomas  Peek,  Epliraim  Smed- 
ley and  Henry  Gibbs,  all  of  Litchfield,  moving  to  be  annexed 
to  the  parish  of  Bethlehem  &c.,  as  per  their  memorial  on  file, 
dated  May  10th,  1741  :  Resolved  by  this  Assembly,  that  the 
several  persons  abovenamed,  with  their  families,  shall  belong 
and  be  annexed  to  the  parish  of  Bethlehem  in  the  township 
of  Woodberry,  and  pay  and  satisfy  their  ministerial  dues  and 
taxes  unto  and  towards  the  support  of  the  minister  of  said 
parish  ;  and  also  be  freed  and  exempted  from  paying  for  and 
towards  the  support  of  the  ministry  in  said  Litchfield,  for  the 
present  and  until  this  Assembly  shall  order  otherwise. 

Upon  consideration  of  the  matters  alledged  in  the  memo- 
rial of  Joseph  Kinney,  captain  of  the  second  company  or 
trainband  in  the  town  of  Preston,  against  Joseph  Billings, 
ensign  of  the  same  company,  respecting  the  conduct  of  him, 
the  said  ensign,  towards  his  said  captain,  &c.:  This  Assembly 
is  of  opinion,  that  the  said  Ensign  Joseph  Billings  hath  so 
misbehaved,  in  reference  to  the  matters  charged  against  him 
in  said  memorial,  as  to  render  himself  unworthy  any  longer 
to  bear  his  commission  of  ensign  as  aforesaid ;  and  therefore 
order,  that  the  said  second  company  or  trainband  in  the  town 
of  Preston  be  led  to  the  choice  of  an  ensign  in  the  room  of 
him,  the  said  Joseph  Billings. 

Upon  the  memorial  of  William  Tiley  of  Hartford  :  This 
Assembly  grants  that  the  memorialist  he  lycenced  to  keep  a 
publick  house  of  entertainment  &c.  for  the  remaining  part  of 
the  current  year,  and  that  the  memorialist  shall  take  out  his 
lycence  at  the  adjourned  county  court  to  be  holden  at  Hart- 
ford on  the  3d  Tuesday  of  June  next,  which  court  is  hereby 

52 


410         •  PUBLIC     RECORDS  [May, 

directed  and  ordered  to  grant  him  the  same  ;  provided  he  give 
sufficient  bond,  according  to  law  in  such  cases. 

[101]  Upon  the  memorial  of  John  Stannard  of  Saybrook, 
representing  that  William  Stannard  of  Stratford  had  obtained 
judgment  against  him  for  the  sum  of  X175  Os.  Od.  on  default, 
before  the  county  court  at  Fairfield  in  April  last,  and  that 
said  judgment  was  given  in  an  action  of  which  he  never  had 
notice,  &c. ;  and  praying  for  relief,  &c.,  as  per  his  memorial 
on  tile,  dated  May,  1741 :  Resolved  by  this  Assembly,  that  the 
consideration  of  said  petition  be  continued  until  tlie  session 
of  this  Assembly  in  October  next,  and  that  execution  on  said 
judgment  be  suspended  till  the  rising  of  that  Assembly,  and 
that  the  memorialist  summon  the  said  William  Stannard  to 
appear  at  this  Assembly  in  October  next,  to  answer  to  said 
memorial. 

On  the  petition  of  Esther  Griswould,  of  Windsor,  vs.  Tim- 
othy Thrall,  of  Windsor,  executor  of  the  last  will  and  testa- 
ment of  William  Thrall,  late  of  Windsor,  deceas'd,  on  file, 
&G.  :  The  question  was  put,  whether  the  matters  of  fact  al- 
ledged  in  said  petition  are  sufficient,  and  the  respondent 
holden  to  make  answer  thereto,  and  resolved  by  this  Assem- 
bly in  the  negative.  Cost  allowed  the  responde^it  is  £2  Vds.  4d. 
Ex.  granted  July  29th,  1741. 

On  the  petition  of  Ebenezer  Kilbourn  of  Weathersfield,  vs. 
John  Hart  of  Farmington,  and  the  rest  of  the  inhabitants  of 
Farmingtown,  on  file,  &c. :  The  question  was  put,  whether 
the  pleas  offered  in  bar  of  said  petition  are  sufficient :  Re- 
solved by  this  Assembly  in  the  affirmative.  Cost  aUotv\i  the 
respondents  is  X3  Os.  8d. 

On  the  petition  of  James  Welles,  John  Fisk,  of  Haddam, 
Jabez  Ciiapman,  Daniel  Brainerd,  Bezaleel  Brainerd,  Samuel 
Ackley,  Robert  Chapman,  jun.,  of  East  Haddam,  Samuel 
Doty  and  James  Harriss,  of  Saybrook,  vs.  Gershom  Nott,  of 
Weathersfield  :  The  question  was  put,  whetlier  the  prayer  of 
said  petition  should  be  granted :  Resolved  by  this  Assembly 
in  the  negative.      Cost  allowed  respondent  is  .£3  19s.  2d. 

On  the  petition  of  Timothy  Mather,  of  Lyme,  vs.  Thomas 
Peet,  of  Stratford,  on  file,  &c. :  The  question  was  put,  whether 
the  prayer  of  said  petition  should  be  granted  :  Resolved  l)y 
this  Assembly  in  the  negative.  Cost  allow'' d respondent  is  £'S 
12s.  6d.     Ex.  granted  November  9th,  1741. 

On  the  petition  of  Joseph  Talman,  of  New  London,  vs. 
Godfrey  Malbone,  of  Newport,  &c.,  as  on  file:  The  question 
was  put,  whether  the  prayer  thereof  should  be  granted  :  Re- 


17-11,]  ^       OF      CONNECTICUT.  411 

solved  by  this  Assembly  in  the  negative.  Qost  allowed  re- 
spondent is  X3  7s.  Od. 

On  the  petition  of  Yelverton  Perry,  of  Stratford,  vs.  Sam- 
uel Shelton,  of  Stratford,  &c.,  as  on  file:  The  question  was 
put,  whether  anything  prayed  for  in  the  said  petition  should 
be  granted :  Resolved  by  this  Assembly  in  the  negative.  Oost 
alloiv''d  respondent  is  £\  17s.  lid.  JEx.  granted  September  8th, 
1741. 

On  the  petition  of  Moses  Dudley,  of  Saybrook,  vs.  John 
Richards,  Jabez  Huntington,  Joseph  Fowler,  Joseph  Rock- 
well, Jeremiah  Diggins,  Benjamin  Griswould,  James  Rock- 
well, James  Crozier,  John  Ashley,  Asaph"  Leavit,  Thomas 
Wells,  Ebenezer  Hinsdale,  and  Mary  Hinsdale,  administrators 
on  the  estate  of  Mahuman  Hinsdale,  deceased  :  The  question 
was  put,  whether  the  prayer  of  said  petition  should  be  granted : 
Resolved  by  this  Assembly  in  the  negative.  Cost  alloiv^d  re- 
spondents is  X4  10s.  Od.  Ex.  granted  August  12th,  1741. 
Alias  ex.  granted  Feb.  M,  1741-2. 

On  the  petition  of  the  Pequod  Indians  in  the  town  of  Gro- 
ton,  who  petition  by  their  overseers  John  Morgan  and  James 
Avery,  vs.  the  proprietors  of  the  common  lands  in  said  Groton, 
and  John  Dean,  Natlianiel  Brown,  John  Wood,  Jacob  Parks, 
Francis  Tracy,  Philip  Gray  and  Elnathan  Minor,  all  of  said 
Groton,  as  on  file  :  The  question  was  put,  whether  the  pleas 
offered  in  abatement  of  said  petition  are  sufficient :  Resolved 
in  the  affirmative 

[102]  Upon  the  memorial  of  Capt.  Ebenezer  Smith,  Wil- 
liam Markham,  Josiah  Brainei'd,  and  others,  inhabitants  in 
Midle-Haddam,  in  that  part  called  Haddam  Neck,  praying 
to  this  Assembly  that  they  may  be  annexed  to  the  sixth  regi- 
ment, and  united  to  the  military  company  in  the  north  part 
of  said  Midle-Haddam :  Resolved  by  this  Assembly,  that  the 
inhabitants  of  that  part  of  Midle-Haddam,  called  Haddam 
Neck,  be  annexed  to  the  military  company  in  the  nortli  part 
of  said  Midle-Haddam,  and  shall  for  the  future  be  accounted 
as  part  of  the  sixth  regiment  in  this  Colony. 

We,  your  Honours'  Committee,  appointed  to  consider,  draw 
up,  and  report  to  this  Assembly,  what  may  be  proper  to  be 
passed  as  an  act  respecting  the  Sloop  built  at  Midletown  for 
the  Colony's  service,  and  the  proper  preparations  necessary 
to  fit  said  sloop  for  service  when  occasion  requires :  where- 
upon we  beg  leave  to  report  our  opinion  as  follows,  viz  : 

1.  That  the  said  sloop  be  forthwith  fitted  and  sailed  to  New 
London. 

2.  That  this  Assembly  nominate  a  captain  and  lieutenant 


412  PUBLIC     RECORDS  [May, 

to  take  the  command  of  said  sloop  and  commissioned  by  his 
Honour  the  Governour. 

3.  That  it  be  left  with  his  Honour  the  Governour,  with  the 
advice  of  the  captain,  to  appoint  such  warrant  officers  as  may 
be  necessary  for  said  sloop. 

4.  That  said  sloop  be  speedily  manned  with  twenty  men, 
including  officers. 

5.  That  the  captain  be  purser  of  said  sloop,  wdth  power  to 
appoint  his  own  steward. 

6.  That  the  captain  l:»e  directed  by  the  Governor,  to  instruct 
his  under  officers  and  sailors  in  the  duties  of  their  respective 
offices  and  services,  that  so  they  may  the  more  readily  teach 
and  instruct  such  men  as  may  be  needful  to  be  put  on  board 
said  sloop  for  warlike  service. 

7.  That  if  war  shall  be  declared  with  France,  or  on  informa- 
tion that  our  coast  is  infested  with  pirates  or  Spanish  priva- 
teers, then  the  captain  of  said  sloop  shall  man  said  sloop  with 
(one  hundred)  men,  by  beating  up  for  volunteers  or  impress- 
ing, as  need  may  require,  to  repel  the  enemy  coming  near 
our  coast,  sending  an  account  of  his  proceeding  herein  forth- 
with to  the  Governor,  whose  instructions  the  said  captain  is 
from  time  to  time  carefully  to  observe,  and  that  his  Honour 
the  Governor  be  desired  to  give  forth  his  orders  accordingly. 

8.  That  a  suitable  person  in  the  town  of  New  London  be 
appointed  a  store-keeper  for  said  sloop. 

All  which  is  humbly  submitted  by  your  humble  servants, 
James  Wadsworth,  Sam'  Hill, 

Joseph  Pitkin,  Christopher  Avery. 

The  above  report  of  the  committee  is  accepted  and  approved 
by  this  Assembly.  And  this  Assembly  do  nominate  and  ap- 
point Capt.  George  Phillipse,  of  Midletown,  to  be  Captain, 
and  Mr.  David  Worster,  of  New  Haven,  to  be  Lieutenant  of 
the  said  sloop. 

Resolved  hy  tins  Assembly^  That  the  captain  of  the  Colony 
sloop  Defence  shall  have  seven  shillings  per  diem  for  the  time 
he  shall  continue  in  the  service  of  the  government,  and  the 
lieutenant  shall  have  four  shillings  and  six  pence  per  dier)i^ 
the  warrant  officers  each  two  shillings  and  six  ^qwcq per  diem, 
each  able  sailor  two  shillings,  and  all  others  taken  into  service 
shall  have  one  shilling  and  eight  ^qwcq per  diem,  paid  to  each 
respectively  during  their  continuance  in  service,  and  shall 
each  be  paid  in  bills  of  this  Colony  of  the  new  tenour,  or 
other  bills  of  credit  equivalent  thereto. 

[103]  This  Assembly  grants  to  his  Honour  the  Governor  the 
sum  of  sixty  pounds,  to  be  paid  in  the  new  tenour  bills,  or  in 


1741.]  OF      CONNECTICUT.  413 

other  bills  equivalent  thereto,  for  his  half  year's  salary  the  cur- 
rent year. 

This  Assembly  grants  to  his  Honour  the  Deputy  Governour 
the  sum  of  thirty  pounds,  to  be  paid  in  the  new  teifour  bills, 
or  in  other  bills  equivalent  thereto,  for  his  half  year's  salary 
the  current  year. 

This  Assembly  grants  the  sum  of  two  hundred  and  fifty 
pounds,  to  be  paid  out  of  the  interest  money,  to  our  agent, 
Francis  Wilks,  Esq^,  for  his  salary  this  year. 

Resolved  hy  this  Assemhly,  That  his  Honour  the  Governor 
and  Council  of  War  be  impowered,  and  they  are  hereby  im- 
powered,  to  draw  out  of  the  Colony  treasury  a  sufficient  sum 
or  sums  of  money  to  purchase  provisions  for  the  Colony  sloop, 
and  deliver  the  same  to  the  Captain  of  said  sloop,  taking  his 
receipt  therefor,  who  shall  be  obliged  to  render  his  account  to 
his  Honour  the  Governor  and  Council,  when  they  shall  see 
cause  to  demand  the  same. 

Ordered,  That  tlie  Treasurer  of  this  Colony  pay  out  of  the 
publick  treasury  unto  Mr.  Isaac  Ledyard,  of  New  London,  the 
sum  of  two  pounds  and  six  shillings,  in  full  for  the  services 
and  disbursements  mentioned  in  his  account  on  file. 

Whereas  the  business  of  this  Assembly  has  drawn  out  their 
present  session  to  such  a  length  that  all  the  members  thereof 
cannot,  without  great  inconvenience,  stay  to  hear  the  records 
of  the  acts  of  this  Assembly  read  off  and  compleated :  This 
Assembly  do  appoint  Roger  Wolcott,  Nathaniel  Stanly,  Ozias 
Pitkin,  William  Pitkin,  Esq^'s,  Capt.  John  Marsh,  Capt.  Joseph 
Pitkin,  Mr.  Elisha  Williams,  Colo.  John  Chester,  Mr.  Roger 
Wolcott,  jun.,  and  Mr.  Daniel  Bissell,  to  be  a  committee  to 
attend  his  Honour  the  Governor,  to  hear  the  acts  and  orders 
past  at  this  Assembly  read  off,  and  then  see  them  signed  by 
the  Secretary  as  compleat. 

The  several  Acts,  Grants  and  Orders  of  this  Assembly,  as 
they  stand  entered  in  the  pages  of  this  book  next  preceding, 
were  read  off  in  the  presence  of  his  Honour  the  Governor  and 
all  the  committee  above  named,  (except  Mr.  Elisha  Wil- 
liams,) and  signed  before  them. 

y  George  Wyllys,  Secret'ry. 


,  -p,     ^g    Assist- 
'       ^    '    aiits. 


414  PUBLIC      RECORDS  [Oct. 


[104]    Anno  Regni  Regis  G-eorgii  secundi,  decimo-quinto. 

Connecticut     \ 
Colony:       \ 

At  a  General  Assembly  holden  at  New  Haven  in  his  Majes- 
ty's English  Colony  of  Connecticut  in  New  England  in 
America,  on  the  second  Thursday  of  October,  (being  the 
8th  day  of  said  month,)  and  continued  by  several 
adjournments  until  the  23d  day  of  the  same  month, 
annoque  Domini  1741  .* 

Present : 
The  Honourable  Jonathan  Law,  Esq"",  Deputy  Governor. 

Eoger  Wolcott,  "William  Pitkin, 

James  Wads  worth,        Thomas  Fitch, 

Nathaniel  Stanly,         Ebenezer  Silliman, 

Joseph  Whiting,  Hezekiah  Huntington, 

Timothy  Pierce,  Jonathan  Trumble, 

Samuel  Lynde, 

Representatives  or  Dejmties  that  ivere  returned  to  attend  at  this 
Assembly  are  as  follow,  (viz:) 

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

Capt.  Nath'  Saltonstall,  Mr.  Jeremii  Chapman,  for  New  Lon- 
don. 

Capt.  Eliezer  Cary,  Capt.  John  Fitch,  for  Windham. 

Mr.  Thomas  Hart,  Mr.  Asahel  Strong,  for  Farmington. 

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

Capt.  John  Mead,  Mr.  David  Lockwood,  for  Greenwich. 

Capt.  Theophilus  Baldwin,  Mr.  Samuel  Canfield,  for  New  Mil- 
ford. 

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

Mr.  Nathi  Harrison,  Mr.  Jonathan  Butler,  for  Brandford. 

Colo.  Tliomas  Welles,  Mr.  Jonathan  Hale,  for  Glassenbury. 

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

Mr.  James  Benedict,  Mr.  Ebenezer  Smith,  for  Ridgfi'eld. 

Mr.  John  Southmaid,  Mr.  Joseph  Lewis,  for  Waterbury. 

Mr.  John  Hitchcock,  Capt.  Jonath.  Allyn,  for  New  Haven. 

Major  Andrew  Burr,  Capt.  Sam'  Burr,  for  Fairfield. 

Mr.  Joshua  Huntington,  Mr.  Isaac  Tracy,  for  Norwich. 

Colo.  Jonathan  Hoit,  Capt.  Jon^h  Maltbie,  for  Standford. 

Mr.  Joseph  Strong,  Mr.  Peter  Buel,  for  Coventry. 

Mr.  Ebenezer  West,  Mr.  John  Williams,  for  Lebanon. 

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

Capt.  James  Bebee,  Mr.  Nath'  Stephens,  for  Danbury, 

Capt.  Samuel  Mather,  Capt.  Henry  Allyn,  for  Windsor. 


*The  Journal  of  neither  House  is  found. 


1741.]  OF      CONNECTICUT.  415 

Capt.  Joseph  Phelps,  Mr.  Joseph  Skinner,  for  Hebron. 
Major  Jabez  Hamlin,  Mr.  Seth  Wetmore  for  Midletown. 
Capt.  Josepli  Addams,  Mr.  Solomon  Tracy,  for  Canterbury. 
Mr.  Samuel  Danielson,  Mr.  Urian  Horsmer,  for  Killingly. 
[105]  Mr.  John  Betts,  Mr.  Samuel  Fitch,    for  Norwall^:. 
Mr.  Nathaniel  Brown,  Mr.  Samuel  Morgan,  for  Preston. 
Capt.  William  Williams,  Mr.  Ebenezer  Avery,  for  Groton. 
Mr.  Plez'i  Brainerd,  for  Haddam. 

Mr.  Nathan  Camp,  Capt.  Elihu  Chauncey,  for  Durham. 
Mr.  Robert  Treat,  Capt.  John  Fowler,  for  Milford. 
Colo.  Shubael  Conant,  Mr.  Experience  Porter,  for  Mansfield. 
Mr.  Ephraim  Kingsbury,  Capt.  Dan'  Lawrence,  for  Plainficld. 
Mr.  Robert  Dickson,  Mr.  John  Kesson,  for  Voluntown. 
Mr.  Nathaniel  Clark,  Mr.  Jedadiah  Chapman,  for  Saybrook. 
Mr.  John  Lane,  Mr.  Nathaniel  Parmely,  for  Killingsworth. 
Mr.  Amos  Cheesbrough,  Mr.  Joseph  Denison,  for  Stonington. 
Mr.  Stephen  Horsmer,  for  East  Haddam. 
Mr.  Ebenezer  Marsh,  Mr.  Samuel  Culver,  for  Litchfield. 
Colo.  Samuel  Hill,  Capt.  Timothy  Stone,  for  Guilford. 
Capt.  Theophilus  Nickols,  Capt.  Joseph  Blackleach,  for  Strat- 
ford. 
Colo.  Benja.  Hall,  Capt.  Samuel  Hall,  for  Wallingford. 
Colo.  John  Bulkley,  Capt.  Israel  Newton,  for  Colchester. 
Major  Andrew  Burr,  Speaker  }  of  the  House  of  Repre- 
Capt.  John  Fowler,  Clerk  \  sentatives. 

This  Assembly  do  establish  and  confirm  Mr.  Mathew  Mar- 
vin to  be  Lieutenant  of  the  first  company  or  trainband  in  the 
town  of  Lyme,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  William 
Wadkins  to  be  Lieutenant  of  the  company  or  trainband  in  the 
town  of  Ashford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Benjamin 
Walker  to  be  Ensign  of  the  company  or  trainband  in  the 
town  of  Ashford,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Ezra  Camp 
to  be  Ensign  of  the  west  company  or  trainband  in  the  town  of 
Milford,  and  order  that  he  be  commissioned  accordingly. 

Upon  the  prayer  of  the  inhabitants  of  Oxford  parish,  shew- 


416  PUBLIC      RECORDS  [Oct. 

ing  this  Assembly  that  they  had  voted,  as  the  law  du-ects,  that 
it  was  necessary  to  build  a  meeting  house  in  said  parish, 
and  praying  for  a  committee  to  affix  tlie  place,  &c.:  Resolved 
by  this  Assembly,  that  Mr.  John  Hitchcock,  Capt.  Isaac 
Dickerman  and  Captain  James  Talmage,  be  a  committee  to 
repair  to  the  said  Oxford  parish,  and  view  the  circumstances, 
and  hear  all  parties  concerned  fully  on  the  premises,  and  affix 
a  place  for  the  parishioners  to  build  a  meeting  house  upon ; 
and  make  report  of  their  doings  to  this  Assembly  in  their 
present  sessions,  or  in  May  next. 

[106]  This  Assembly  do  establish  and  confirm  Mr.  Nathan- 
iel Stephens  to  be  Captain  of  the  6th  company  or  trainband 
in  the  7th  regiment  in  this  Colony,  and  order  that  he  be  com- 
missioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Janna  Meiggs  to 
be  Lieutenant  of  the  6th  company  or  trainband  in  the  7th  reg- 
iment in  this  Colony,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Abraham 
Brooks  to  be  Ensign  of  the  11th  company  or  trainband  in  the 
7th  regiment  in  this  Colony,  and  order  that,  he  be  commis- 
sioned accordingly. 

This  Assembly  being  informed  of  the  death  of  the  Honour- 
able Joseph  Talcott,  Esq"",  Governor  of  this  Colony :  It  is  re- 
solved, that  the  Assembly  will  proceed  (as  soon  as  may  be) 
to  elect  a  Governor  of  this  Colony,  to  serve  in  that  office  until 
the  annual  election  in  May  next,  in  the  room  of  the  said 
Honbie  Governor  Talcott,  late  deceased.^ 

The  Honourable  Jonathan  Law,  Esq"",  is  by  this  Assembly 
elected  and  chosen  Governor  of  this  Colony  until  the  annual 
electit)n  in  May  next ;  f  and  the  Governor's  oatli,  and  the 
oath  required  by  act  of  Parliament,  relating  to  trade  and  nav- 
igation, were  administered  to  his  Honour  the  Governor  in  the 
presence  of  the  Honourable  the  Members  of  tlie  Council  and 
House  of  Representatives. 

*At  the  time  of  his  death,  October  11th,  1741,  Governor  Talcott  had  nearly  com- 
pleted the  seventy-second  year  of  his  age,  having  been  born  in  Hartford  November 
11th  or  16th,  1669.  He  was  the  fourth  son,  but  the  eldest  who  survived  his  father,  of 
Lt.  Col.  John  Talcott  by  his  first  wife  Helena  Wakeman.  Governor  Talcott  was  twice 
married:  first,  to  Abigail,  daughter  of  Ensign  George  Clark,  of  iMilford.  She  died 
Mai-ch  24,  1704.  By  her  he  had  three  sons,  the  second  of  whom,  Joseph,  was  Treas- 
urer of  Connecticut,  1755-1769.     He  married,    secondly,   I'Ainice,  widow  of  

Wakeman  and  daughter  of  Col.  Matthew  Howell  of  Southampton,  L.  I.  She  was 
born  Aug.  18,  1678,  and  died,  as  mentioned  in  the  note  at  p.  186,  May  25,  1738.  He 
had  by  her  two  sons  and  four  daugiiters.  All  the  nine  children  of  Governor  Talcott 
married,  and  most  of  them  left  descendants.  As  he  was  the  first  governor  of  Con- 
necticut born  within  its  limits,  so  he  occupied  the  chair  longer  than  any  who  have 
succeeded  him,  and  longer  than  any  of  his  predecessors,  except  John  Winthrop. 

fThe  election  of  Governor  and  Deputy  Governor  at  this  time  was  by  the  concur- 
rent action  of  both  Houses,  and  was  first  made  in  the  Lower  House. 


1741.]  OP      CONNECTICUT.  417 

Resolved  ly  this  Assembly,  That  Capt.  John  Marsh,  Capt. 
John  Whiting  and  Mr.  James  Church,  make  the  necessary 
provision,  at  the  expence  of  this  government,  for  the  honour- 
able interment  of  the  Uite  Honourable  Governor  Talcott,  at 
Hartford,  and  lay  an  account  of  the  same  before  this  Assem- 
bly. 

Resolved  by  this  Assembly,  That  Capt.  George  Phillips,  com- 
mander of  the  sloop  Defence,  do,  and  he  is  hereby  directed  to 
attend  and  perform  on  board  said  sloop,  (beginning  about 
four  of  the  clock  after-noon,  the  13th  day  of.  October  instant,) 
the  proper  ceremonies  and  tokens  of  mourning  on  account  of 
the  death  of  the  Honourable  Joseph  Talcott,  Esq":,  deceased, 
late  Governor  of  this  Colony,  to  be  interred  about  the  same 
tune  ;  and  also  the  proper  ceremonies  and  tokens  of  rejoicing 
in  honour  of  the  Honourable  Jonathan  Law,  Esq"",  this  day 
proclaimed  Governor  in  the  room  of  said  deceased. 

Resolved  by  this  Assembly,  That  there  be  a  sufficient  quan- 
tity of  powder  prepared  for  the  cannon  on  the  green,  and 
tiiat  they  be  fired  in  due  form  and  order  at  four  of  the  clock 
after-noon,  in  token  of  mourning  on  the  account  of  the  death 
of  the  Honourable  Joseph  Talcott,  Esq^  our  late  Governor ; 
and  also  the  proper  tokens  and  ceremonies  of  rejoicing  on 
account  of  the  choice  of  the  Honourable  Jonathan  Law,  Esq% 
Governor  ;  and  that  Colonel  Joseph  Whiting  be  desired  to 
order  the  performance  of  that  affair. 

The  Honourable  Roger  Wolcott,  Esqi",  is  by  this  Assembly 
elected  and  chosen  Deputy  Governor  of  this  Colony,  until  the 
annual  election  in  May  next,  and  the  Deputy  Governor's  oath, 
prescribed  by  law,  was  administred  to  him  in  the  presence  of 
his  Honour  the  Governor  and  Council. 

[107]  This  Assembly  do  establish  and  confirm  Mr.  Daniel 
St.  John,  jun"",  to  be  Ensign  of  the  second  company  or  train- 
band in  the  town  of  Norwalk,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joshua  At- 
water  to  be  Captain  of  the  north-east  company  or  trainband 
in  the  town  of  Wallingford,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr,  Joseph  Royce 
to  be  Lieutenant  of  the  north-east  company  or  trainband  in 
the  town  of  Wallingford,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel 
Beadle  to  be  Ensign  of  the  north-east  company  or  trainband 
53 


418  PUBLIC      RECORDS  {Oct. 

in  the  town  of  Wallingford,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Ebenezcr 
Leonard  to  be  Captain  of  the  second  company  or  trainband 
in  the  town  of  Preston,  and  order  that  he  be  commissioned 
accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Elnathan  Beach 
to  be  Captain  of  the  sixth  company  or  trainband  in  the  town 
of  Wallingford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Cook 
to  be  Lieutenant  of  the  sixth  company  or  trainband  in  the 
town  of  Wallingford,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Hotch- 
kins  to  be  Ensign  of  the  sixth  company  or  trainband  in  the 
town  of  Wallingford,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  James  Fitch 
to  be  Captaih  of  the  second  Troop  in  the  12th  regiment  in 
this  Colony,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Amos  Spaftbrd 
to  be  Lieutenant  of  the  second  Troop  of  Horse  in  the  12th 
regiment  in  this  Colony,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Robin- 
son, jun.,  to  be  Cornet  of  the  second  Troop  of  Horse  in  the 
12th  regiment  in  this  Colony,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Dan  Throop 
to  be  Quarter  Master  of  the  second  Troop  of  Horse  in  the 
12th  regiment  in  this  Colony,  and  order  that  he  be  commis- 
sioned accordingly. 

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

[108]  This  Assembly  do  establish  and  confirm  Mr.  Samuel 
Murdock  to  be  Captain  of  the  Troop  of  Horse  in  the  fifth 
regiment  in  this  Colony,  and  order  that  he  be  commissioned 
accordingly. 


1741.]  OF      CONNECTICUT.  419 

This  Assembly  do  establish  and  confirm  Mr.  John  Porter 
to  be  Lieutenant  of  the  Troop  of  Horse  iii  the  fifth  regiment 
in  this  Colony,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Amos  AUyn 
to  be  Cornet  of  the  Troop  of  Horse  in  the  fifth  regiment  in 
this  Colony,  and  order  that  he  be  commissioned   accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Josiah  Kings- 
ley  to  be  Quarter    Master  of  tlie  Troop  of  Horse  in  the  5th 

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

This  Assembly  do  establish  and  confirm  Mr.  Increase 
Mosely  to  be  Lieutenant  of  the  5th  company  or  trainband  in 
the  town  of  Woodbury,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Baker 
to  be  Ensign  of  the  5th  company  or  trainband  in  the  town  of 
Woodbury,  and  order  that  he  be  commissioned  accordingly. 

*  This  Assembly  do  establish  and  confirm  Mr.  Abraham 
Waterhouse  to  be  Captain  of  the  13th  company  or  trainband 
in  the  7th  regiment  in  this  Colony,  and  order  that  he  be  com- 
missioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Ward 
to  be  Lieutenant  of  the  18th  company  or  trainband  in  the 
7th  regiment  in  this  Colony,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Moses  Bald- 
win to  be  Ensign  of  the  13th  company  or  trainband  in  the  7th 
regiment  in  this  Colony,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  appoint  Mr.  Daniel  Edwards  to  be  a  Jus- 
tice of  the  Peace  in  and  for  the  county  of  New  Haven,  until 
the  first  day  of  June  next. 

This  Assembly  do  appoint  Mr.  Samuel  Canfield  to  be  a 
Justice  of  the  Peace  in  and  for  the  county  of  New  Haven, 
until  the  first  day  of  June  next. 

The  Gentlennen  nominated  by  the  Votes  of  the  Free- 
men of  this  Colony  (bro't   in    to   this   Assembly,)  to 
stand  for  Election  in  May  next,  are  as  follow,  viz  : 
The  Honourable  Jonathan  Law,  Esq^, 
The  Honbie  Roger  Wolcott,  Esq^ 
James  Wadsworth,  Esq'',  Ozias  Pitkin,  Esq"", 
Nath'  Stanly,  Esq^,  Timothy  Pierce,  Esq--, 

Joseph  Whiting,  Esq^,       Samuel  Lynde,  Esq^, 


420  PUBLIC      RECORDS  [Oct. 

William  Pitkin,  Esq-",        Colo.  John  Biilkley, 
Thomas  Fitch,  J^sq"",  Mr.  John  Griswould, 

Ebenezer  Silliman,  Esq"",  Colo.  John  Chester, 
Jonath.  Trumble,  Esqr,     Major  Andrew  Burr, 
Hez'»  Huntington,  Esq"-,    Colo.  Samuel  Hill, 
Roger  Newton,  Esq"-,         Mr.  Elisha  Williams. 
Resolved  hy  this  Assembly,  That  Capt.  John  Whiting,  Treas- 
urer of  this  Colony,  he  ordered,  and   is  hereby  ordered    and 
directed,  to  convey  the  bonds  and  money  in  his  hands,  given 
for  the  sale  of  the  six  townships  in  the  western  lands  in  said 
Colony,  to  this  Assembly  now  sitting  in  New  Haven,  on  Mon- 
day the  19th  day  of  instant  October,  1741  ;  and  also  that  he 
bring  with  him  a  sufficient  sum  of  money  to  pay  off  the  mem- 
bers of  this  Assembly, 

[109]  This  Assembly  do  hereby  appoint,  authorize  and  im- 
power,  Hezh  Huntington,  Esq"",  and  Jabez  Hamlin,  Esq"",  or 
either  of  them,  to  demand,  receive  and  settle  accompts  with 
each  of  tlie  masters  of  the  three  transport  vessels  which  carried 
the  troops  from  this  Colony  to  the  West  Indies  on  his  Maj-. 
esty's  service,  (viz  ;)  Capt.  John  Shaw.  Capt.  Nathaniel  Shaw, 
and  Capt.  John  Kieth,  respecting  the  stores  and  provisions  laid 
in  by  this  Colony  for  the  said  troops,  more  tlian  was  expended 
by  them  or  needful  for  their  transportation,  and  to  receive 
from  the  said  masters  what  shall  be  found  in  their  hands, 
and  lay  the  accompts  before  this  Assembly  in  May  next ; 
and  in  case  that  they,  or  either  of  them,  shall  refuse  to 
give  such  account  to  the  said  committee  on  demand  thereof, 
that  the  said  committee  shall  commence  and  prosecute  to  ef- 
fect the  proper  suit  or  suits  in  law  for' the  recovery  thereof, 
against  any  or  either  of  them  that  shall  so  refuse. 

Whereas  the  town  of  Plainfield  did  neglect  to  send  in  to 
this  Assembly  a  list  of  all  the  polls  and  rateable  estate,  ac- 
cording as  the  law  directs:  Resolved  by  this  Assembly,  that 
the  town  of  Plainfield  be  doomed  in  the  grand  list  for  the  year 
1741,  ten  thousand  five  hundred  pounds;  and  that  the  Treas- 
urer of  this  Colony  be  directed  to  send  out  his  warrant  to  the 
constable  of  Plainfield,  to  collect  and  gather  all  the  tax  or  rate 
ordered  by  this  Assembly  thereon ;  and  that  the  town  of  Plain- 
field  receive  their  proportion  of  school-money  accordingly. 

Upon  the  memorial  of  Christopher  Peak,  agent  for  the  town 
of  Union,  shewing  this  Assembly  that  this  Assembly  did,  at 
their  sessions  in  October,  1738,  grant  a  tax  of  two  pence  per 
acre  on  all  the  lands  in  said  Union  for  the  support  of  the  gos- 
pel in  that  place,  for  four  years  then  next  coming,  and  ordered 
that  said  town  should  choose  collectors  at  their  annual  to\fn- 


1741.]  OF     CONNECTICUT.  421 

meeting;,  to  collect  the  same;  also  shewing  to  this  Assembly 
that  there  is  non-j-esident  proprietors  of  said  land  that  live  out 
of  this  Colony,  that  own  near  four  thousand  acres  of  said 
land,  and  many  of  them  have  not  paid  said  tax  that  is  now 
due,  and  some  refusing  to  pay  the  same,  and  no  provision  as 
yet  made  lor  the  collectors  to  recover  the  money  due  on  said 
tax  of  tlie  non-resident  proprietors  out  of  the  government,  as 
aforesaid :  It  is  resolved  by  this  Assembly,  that  the  collectors 
that  have  been  chosen  by  said  town  to  gather  the  tax  that  is 
now  due,  or  some  suitable  person  by  him  or  them  appointed, 
notify  and  warn  the  claimers  of  such  lands  tliat  live  out  this 
Colony,  and  shew  them  a  copy  of  this  act ;  and  if,  after  they 
shall  be  so  warned,  they,  or  any  one  of  them,  shall  neglect 
and  refuse  to  pay  said  tax  to  said  collector  or  collectors,  within 
twenty  days  after  such  notice  given,  that  then  it  shall  be  in 
the  power  of  any  two  of  the  selectmen  of  said  town  of  Union 
to  extend  or  lease  so  much  of  the  lands  of  said  non-resident 
proprietors  that  so  neglect  and  refuse,  for  so  long  a  time  as 
will  answer  said  tax  and  all  charges  for  extending  and  leasing 
the  same ;  which  land  shall  be  extended  at  a  pubiick  vendue 
to  the  highest  bidder,  after  there  hath  been  a  notification  in 
writing  under  the  selectmen's  hands  set  up  in  said  town  of 
Union  upon  the  sign-post  at  least  twenty  days  before  the  time 
of  extending  such  lands,  shewing  the  time  and  place  thereof. 
And  a  lease  well  executed  by  said  selectmen  shall  be  a  good 
[110]  title  in  the  law  to  him  or  them  that  shall  ||  so  hire  and 
receive  said  lease,  and  to  him,  his  heirs  and  assigns,  for  hold- 
ing the  same  during  the  term  in  said  lease  or  leases.  And  it 
is  further  provided,  that  the  like  method  shall  be  taken  for  the 
recovery  of  such  money  on  said  tax  as  is  not  yet  due,  after 
the  same  is  become  due,  of  such  non-resident  proprietors,  upon 
their  neglect  or  refusing  as  aforesaid. 

An  Act  in  Addition  to  and  Alteration  of  an  Act  past  in 
this  Assennbly  in  May  last,  entituled  An  Act  for  the 
Dis'  ribution  of  the  Bonds  and  Money  given  and  paid 
for  the  Townships  in  the  Western  Lands. 
.  This  Assembly  observing  that  sundry  difficulties  have  at- 
tended the  method  directed  to  in  the  abovesaid  act,  and  the 
lists  of  the  several  parishes  are  not  sent  in  to  the  committee, 
as  by  said  act  was  directed : 

Be  it  enacted  by  the  Grovernor,  Council  and  Representatives, 
in  Creneral  Court  assembled,  and  by  the  authority  of  the  same, 
That  Joseph  Whiting,  Esq"",  Jonathan  Trumble,  Esq"",  Colo. 
Thomas  Welles,  Mr.  Joshua  Huntington,  and  Capt.  Theophilus 
Nickels,  be  a  committee  to  take  an  account  of  tlie  sums  total 
of  the  lists  oi'  the  several  towns  who  computed  lists  anno  Bom. 
1732,  as  well  those  entered  on  the  pubiick  records  as  those 


422  PUBLIC     RECORDS  [Oct. 

towns  whose  totals  are  not  there  entered ;  and  said  committee 
shall  proportion  said  bonds  and  money  among  the  several 
towns  according  to  their  respective  lists,  and  divide  said  bonds 
and  money,  as  is  directed  in  said  act;  and  the  said  committee 
shall  deliver  the  bonds  and  money  to  the  representatives  or 
agents  of  the  respective  towns,  in  proportion  to  their  lists, 
taking  receipts  for  the  same,  and  lodge  said  receipts  with  the 
Secretary. 

And  it  is  further  enacted^  That  the  said  representatives  and 
agents  are  hereby  ordered  to  deliver  said  bonds  and  money  to 
the  selectmen  or  the  school  committee  (if  there  be  any  such) 
in  those  towns  that  are  but  one  parish,  and  to  the  respective 
society  committees  in  those  towns  where  there  are  more  than 
one  parish,  in  proportion  to  the  list  of  each  parish  as  computed 
anno  Bom.  1782,  taking  receipts  of  such  selectmen  or  commit- 
tees for  the  respective  sums  delivered  to  them,  to  be  improved 
for  the  support  of  such  school  or  schools  in  such  town  or  par- 
ish as  are  by  law  to  be  there  kept,  pursuant  to  an  act  of  this 
Assembly  entituled  An  Act  for  the  encouragement  and  better 
support  of  schools  that  by  law  ought  to  be  kept  in  the  several 
towns  and  parishes  in  this  Colony,  and  return  such  receipts  to 
the  Secretary  on  or  before  the  first  of  June  next;  upon  the 
receipt  whereof  the  Secretary  shall  deliver  up  such  represent- 
atives' or  agents'  receipts  lodged  with  him  as  abovesaid.  And 
if  any  dispute  shall  arise  between  parishes  in  any  town,  re- 
specting the  proportion  that  each  parish  shall  have,  and  the 
committees  of  such  parishes  cannot  agree  to  adjust  the  same, 
it  shall  be  the  duty  of  the  representatives  of  such  town  to  call 
in  the  assistance  of  two  justices  of  the  peace  dwelling  in  some 
of  the  next  neighbouring  towns  in  the  same  county,  who  shall 
give  notice  of  time  and  place  to  the  committees  of  the  respect- 
ive parishes  that  they  may  be  heard,  and  such  justices  shall 
determine  by  their  discretion  the  proportion  of  each  parish ; 
the  charges  whereof  shall  be  paid  out  of  the  money  in  such 
representatives  hands,  in  such  proportion  and  quantity  as  said 
justices  shall  allow,  which  shall  be  again  repaid,  for  the  use  of 
the  schools,  out  of  such  society  treasury  by  their  committee, 
as  the  justices  shall  determine.  And  furthermore,  that  if  it 
[111]  shall  hereafter  appear  that  ||  any  town  or  towns  have 
made  their  list  in  the  year  1732,  and  have  not  sent  them  in  to 
this  Assembly,  nor  received  their  part  of  the  money  or  bonds 
aforesaid  in  the  distribution  now  to  be  made  :  upon  the  same 
being  made  evident  to  this  Assembly,  such  towns  shall  be  al- 
lowed their  proportion,  according  to  such  lists,  out  of  the  mon- 
eys to  be  raised  upon  the  sale  of  the  township  yet  unsold. 

Upon  the  memorial  of  the  inhabitants  of  the  west  part  of 


1741.]  OF      CONNECTICUT.  4 

tlie  north  purchase  in  Woodberry,  therein  setting  forth  the 
difficult  circumstances  which  they  labour  under  respecting  the 
maintaining  of  the  gospel  ministry  among  them,  hy  reason 
that  a  great  part  of  the  proprietors  of  said  parisii  are  non-resi- 
dents, <fec. ;  therein  praying  that  all  the  lots  in  said  purchase 
may  be  taxed  for  the  space  of  four  years-next  to  come:  Re- 
solved by  this  Assembly,  that  all  the  lots  in  the  west  part  of 
the  north  purchase  shall  be  taxed  at  thirty  shillings  per  lot 
for  each  year,  during  the  space  of  foiir  years,  as  prayed  for; 
and  that  the  money  which  shall  annually  be  raised  thereby 
shall  be  duly  applied  towards  theusupport  of  the  gospel  minis- 
try in  said  society.  And  Benjamin  Ingraham,  jun.,  of  said 
place,  is  hereby  impowered  to  collect  and  gather  the  same  for 
the  purpose  aforesaid,  and  is  hereby  invested  with  as  full  power 
as  other  collectors  in  such  cases  are. 

Upon  the  memorial  of  the  inhabitants  of  tlie  west  part  of 
the  north  purchase  in  Woodberry  in  Fairfield  county,  praying 
this  Assembly  that  the  report  of  Colo.  Benjamin  Hall,  John 
Southmaid,  Esq^,  and  Mr.  Stephen  Hopkins,  appointed  by  this 
Court  to  view  their  circumstances,  relating  to  their  being  made 
a  distinct,  separate  and  ecclesiastical  society,  and  affix  their 
bounds,  may  be  accepted  and  confirmed  according  to  their  said 
committee's  report,  and  that  they  may  be  made  a  distinct  par- 
ish with  parisli  privileges:  Resolved  by  this  Assembly,  that 
said  inhabitants  are  and  shall  be  one  distinct  and  separate  ec- 
clesiastical society  and  parish,  as  described  in  the  return  of 
said  committee,  and  are  accordingly  bounded  out  as  in  said 
committee's  report,  and  shall-be  a  parish  with  all  parish  privi- 
leges, by  the  name  of  Jiideah;  and  all  the  inhabitants  and 
land  in  the  bounds  described  in  said  committee's  return  to  be 
and  belong  to  said  parish  of  Judeah.  The  bounds  are  as  fol- 
lows, (viz:')  Beginning  at  Colo.  Johnson's  line  at  New  Milford 
bounds,  and  from  thence  running  eastward  in  said  line  until 
it, comes  to  the  line  dividing  between  Bethlem  and  the  west 
part  of  the  north  purchase,  and  thence  to  extend  north  to  the 
north  line  of  said  purchase,  and  thence  westward  to  New  Mil- 
ford  line,  and  thence  southward  to  the  first  mentioned  place 
at  the  end  of  Colo.  Johnson's  line  at  New  Milford  bounds. 

Upon  the  memorial  of  the  first  society  of  Killingly,  praying 
that  a  committee  may  be  appointed  to  affix  and  ascertain  the 
place  where  said  society  shall  build  a  meeting  house  for  divine 
worship:  This  Assembly  do  appoint  Jonath"  Trumble,  Esq"", 
Mr.  Jonathan  Huntington  and  Mr.  Ebenezer  Wales,  to  be  a 
committee  to  repair  to  the  said  first  society  in  Killingly,  and 
view  the  circumstances  of  said  society,  and  hear  the  parties 
there,  and  to  affix  and  ascertain  the  place  where  said  society 


424  PUBLIC      RECORDS  [Oct- 

shall  build  their  meetiug  house,  and  make  report  of  their  do- 
ings to  this  Assembly  at  their  sessions  in  May  next. 

Upon  the  memorial  of  the  inhabitants  of  the  parish  of  Betli- 
lem  in  Woodbury,  praying  this  Assembly  for  a  committee  to 
affix  a  place  for  said  parish  to  build  a  meeting  house  upon, 
&c.  :  Resolved  bytiiis  Assembly,  that  Colo.  Benjamin  Hall, 
Capt.  John  Riggs  and  Mr.  John  Southmaid,  be  a  committee, 
to  repair  to  the  said  parish  of  Bethlem,  and  view  their  circum- 
stances, and  hear  the  parties  on  the  premises,  and  affix  a  place 
for  the  said  petitioners  to  build  a  meeting  [house]  upon,  and 
make  report  of  their  doings  to  this  Assembly  when  they  shall 
have  affixed  the  place. 

[112]  Upon  the  memorial  of  the  inhabitants  of  the  parish 
of  Northberry  in  the  township  of  Waterbury,  therein  shewing 
and  praying  for  a  committee  to  be  appointed  by  this  Assembly, 
to  repair  to  said  parish  and  view  their  circumstances,  hear 
their  pleas  and  allegations,  and  affix  and  ascertain  the  place 
where  the  inhabitants  shall  build  a  meeting  house  for  divine 
worship,  &c. :  Resolved  by  this  Assembly,  that  Capt.  John 
Riggs  and  Capt.  John  Fowler  be  a  committee  to  repair  to 
said  parish,  and  view  their  circumstances,  hear  the  pleas  and 
allegations  of  said  inhabitants,  and  affix  and  ascertain  the  place 
where  the  said  inhabitants  shall  build  a  meeting  house  for 
divine  worship  ;  and  report  their  opinion  thereon  to  this  As- 
sembly at  their  sessions  in  May  next.  The  charge  of  said 
committee  to  be  defrayed  by  the  inhabitants  of  said  parish. 

Upon  the  memorial  of  Joseph  Wilcox,  shewing  to  this  As- 
sembly that  Mindwel  Wilcox  is,  by  reason  of  sickness  and 
age,  rendered  no7i  compos  mentis^  and  is  also  become  indebted 
for  medicines,  tendance,  &c.,  the  sum  of  seventy-one  pounds 
money;  and  praying  to  this  Assembly  for  liberty  to  make  sale 
of  so  much  of  the  real  estate  of  the  said  Mindwell  Wilcox  as 
shall  procure  the  said  sum :  Resolved  by  this  Assembly,  that 
the  said  Joseph  Wilcox  be  impowered,  and  he  is  hereby  fully 
impowered,  to  make  sale  of  so  much  of  the  real  estate  of  the 
said  Mindwel  Wilcox  as  shall  procure  the  aforesaid  sum  with 
the  necessary  charges  arising  thereon,  and  to  improve  the 
same  for  the  payment  of  said  debts. 

Upon  the  memorial  of  David  Whitney,  agent  for  the  inhab- 
itants of  the  town  of  Canaan,  complaining  to  this  Assembly 
that  the  place  affixed  by  the  committee  appointed  in  May, 
1740,  and  established  by  this  Court  in  October  last,  to  be  the 
place  where  the  inhabitants  of  said  town  should  build  an 
house  for  divine  worship,  is  not  the  most  suitable  place  there- 
for ;  and  praying  that  the  same  committee  may  be  appointed 


1741.]  OF      CONNECTICUT.  425 

to  review  the  circumstances  of  said  town,  and  determine  the 
most  suitable  place  to  build  a  meeting  house  upon :  Resolved 
by  this  Assembly,  that  Messrs.  Nathaniel  Siiinner,  Jonathan 
Dunham  and  Samuel  Lewiss,  be  a  committee  for  the  purpose 
aforesaid,  who  are,  at  the  desire  and  charge  of  said  inhab- 
itants, to  review  the  said  town  and  the  circumstances  of  the 
people,  and  affix  a  place  for  building  a  meeting  house  upon, 
and  make  report  at  this  Assembly  at  this  time,  or  in  May 
next. 

Upon  the  memorial  of  the  inhabitants  of  the  parish  of  Beth- 
lem  in  Woodberry,  praying  this  Assembly  for  a  tax  on  the  lands 
in  the  said  parish,  &q.  :  Resolved  by  this  Assembly,  that  a 
tax  of  thirty  shillings  upon  each  right  of  land  within  the  said 
parish,  be  raised,  for  the  space  of  four  y«ars  next  coming,  and 
the  same  shall  be  improved  for  the  building  a  meeting  house 
in  said  parish ;  and  Caleb  Lewis,  of  said  parish,  is  hereby 
impowered  to  collect  the  same  for  the  purpose  aforesaid,  and 
shall  deliver  the  moneys  so  collected  unto  the  committee  of 
the  said  parish ;  and  the  said  collector  is  hereby  vested  with 
the  same  power  as  other  collectors  by  law  are. 

Upon  the  memorial  of  Capt.  Benjamin  Holt  of  Wallingford, 
praying  for  a  sum  of  money  to  be  granted  to  him  out  of  the 
treasury,  for  his  entertaining  some  souldiers  in  their  march 
from  Hartford  to  New  Haven  on  August  9th,  1740 :  Foras- 
much as  the  papers  and  accounts  referring  to  the  charges  that 
have  arisen  respecting  that  affair  are  at  Hartford,  therefore,  it 
is  resolved  by  this  Assembly,  that  Nath'  Stanly  and  John 
Marsh,  Esq^s,  be  a  committee  to  adjust  said  Holt's  account; 
and  if  the  said  gentlemen  shall  find  any  thing  due  to  the  said 
memorialist,  they  shall,  by  an  order  under  their  hands,  direct 
the  Colony  Treasurer  to  pay  the  same. 

[113]  Upon  the  petition  of  Samuel  Welles,  of  Hartford, 
against  George  Chartres,  of  said  Hartford,  praying  this  As- 
sembly to  set  aside  a  judgment  of  the  superior  court  held  at 
Hartford  in  September  last,  given  against  him  in  a  case  where- 
in he  sued  said  Chartres  for  the  surrendry  of  about  three 
quarters  of  an  acre  of  land,  by  his  writ  dated  April  2d,  1740 ; 
and  that  there  may  be  a  new  tryal  of  said  case  in  the  superior 
court  to  be  holden  at  Hartford  in  March  next,  for  the  reasons 
assigned :  Whereupon,  it  is  resolved  by  this  Assembly,  that 
the  said  judgment  of  said  superior  court  be  set  aside,  and  the 
same  is  hereby  set  aside  and  made  void,  with  all  the  proceed- 
ings thereon ;  and  that  there  be  a  new  tryal  of  said  cause  in 
the  superior  court  to  be  held  at  Hartford  in  March  next ;  and 
that* the  whole  cost  in  said  case  follow  the  said  tryal. 
54 


426  PUBLIC      EECORDS  [Oct. 

Upon  the  memorial  of  Elizabeth  Russell,  of  New  Haven  in 
New  Haven  county,  administratrix  on  the  estate  of  Nicliolas 
Russell,  late  said  of  New  Haven,  deceased,  shewing  to  this  As- 
sembly that  the  personal  estate  of  the  said  Nicholas,  deceased, 
is  not  suflficient  to  answer  the  debts  due  from  said  estate  ;  and 
praying  this  Assembly,  that  she  may,  by  and  with  the  advice 
of  the  honourable  judge  of  probates  in  New  Haven  district, 
be  impowered  to  sell  so  much  of  the  real  estate  of  said  de- 
ceas'd  as  is  necessary  to  discharge  said  debts  of  said  deceased : 
Resolved  by  this  Assembly,  that,  by  and  with  the  advice  of  the 
said  judge  of  probates,  the  said  administratrix  is  and  shall  be 
authorized  and  fully  impowered  to  sell  so  much  of  the  real 
estate  of  the  said  deceased  as  shall  be  sufficient  to  discharge 
the  residue  of  said  de^ts  due  from  said  deceased's  estate,  and 
the  necessary  charges  arising  thereby. 

Upon  tlie  memorial  of  the  inhabitants  of  New  Fairfield  in 
the  county  of  Fairfield,  by  their  agent,  Ebenezer  Stephens, 
of  said  New  Fairfield,  praying  this  Assembly  to  appoint  them 
a  committee  to  state  and  ascertain  a  place  in  said  New  Fair- 
field where  to  build  a  meeting  house  for  divine  worship : 
Resolved  by  this  Assembly,  that  Joseph  Blackleach  and  The- 
ophilus  Nichols,  Esq^s,  of  Stratford,  and  Mr.  Samuel  Can- 
field  of  New  Milford,  be  a  committee,  at  the  charge  of  the 
memorialists,  to  repair  to  said  New  Fairfield,  notify  the  inhab- 
itants, hear  their  pleas  and  allegations,  view  their  circum- 
stances, affix  and  ascertain  a  })lace  where  to  build  a  meeting 
house  on  in  said  New  Fairfield,  for  divine  worship,  and  make 
return  thereof  to  this  Assembly  at  their  sessions  at  Hartford 
in  May  next. 

Upon  the  memorial  of  Anne  Moodey  of  Farmingtown,  shew- 
ing to  this  Assembly  that  her  husband,  Ebenezer  Moodey,  has 
been  more  than  one  year  absent  on  a  voyage  from  Barbadoes 
to  New  England,  so  that  it  looks  doubtful  said  Ebenezer  is  lost 
at  sea,  and  not  likely  to  return  ;  and  thereupon  praying  that 
conservators  may  be  appointed  to  take  care  of  the  estate  of 
said  Ebenezer  in  his  absence  :  Thereupon  this  Assembly  doth 
appoint  and  fully  impower  the  said  Anne  Moodey  and  Mr. 
Joseph  Hart  of  Farmingtown  conservators  of  said  estate,  to 
take  care  of  and  preserve  the  same,  and  to  pay  all  just  debts 
due  from  said  Ebenezer,  and  in  the  name  of  the  said  Ebenezer 
to  sue  for,  and  recover  and  receive,  all  debts  due  to  the  said 
Ebenezer.  and  him  to  represent  in  all  courts  until  the  return 
of  said  Ebenezer,  or  that  administration  may  be  lawfully 
granted  u^jOU  said  estate  as  being  the  estate  of  a  person  de- 
ceased. 

Upon  the  report  of  Capt.  Isaac  Dickerman,  Mr.  James  Tal- 


1741.]  OF      CONNECTICUT.  427 

mage  and  Mr.  John  Hitchcock,  appointed  by  this  Assembly  to 
affix  the  place  for  the  inhabitants  of  the  parish  of  Oxford  to 
build  tlieir  meeting  house  upon,  &c.,  the  said  committee  having 
viewed  their  circumstances,  and  have  set  down  a  stake  and  laid 
stones  to  the  same,  at  the  south  end  of  the  hill,  commonly 
called  Jack's  Hill,  and  near  tlie  highway  that  runs  on  the  east 
side  the  little  river,  on  land  belonging  to  Ephraim  Washbourn, 
which  said  place  the  said  committee  report  to  be  the  most  con- 
venient place  for  the  said  inhabitants  to  l)uild  a  meeting  house 
upon  :  Resolved  by  this  Assembly,  that  the  abovesaid  place  be 
the  place  for  the  said  inhabitants  to  build  their  meeting  house 
upon  ;  and  the  said  inhabitants  are  hereby  ordered  to  build  a 
meeting  house  at  the  said  place  accordingly. 

[114]  Upon  the  memorial  of  the  inhabitants  of  the  town- 
ship of  Salisbury,  praying  for  town  privileges,  and  liberty  to 
imbody  in  church  estate :  Resolved  and  enacted  by  this  As- 
sembly, that  the  inhabitants  of  the  said  township  of  Salisbury 
be,  and  they  are  hereby,  erected,  constituted,  made  and  im- 
bodied  into  a  town,  by  the  name  of  the  town  of  Salisbury ; 
and  that  they  and  such  others  as  shall  become  inhabitants 
thereof,  and  their  successors,  shall  have,  exercise  and  enjoy,  the 
authorities,  powers  and  privileges,  and  be  under  the  regula- 
tions that  the  other  towns  in  this  Colony,  by  the  laws  of  this 
Colony,  have,  exercise,  enjoy  and  are  under ;  and  that  the 
brand  for  said  town  be  the  same  as  is  provided  for  Weatauge, 
viz.  this  figure,  +.  And  liberty  is  hereby  granted  to  the  in- 
habitants of  said  town  to  imbody  into  church,  estate  according 
to  the  laws  of  this  government.  And  liberty  is  also  hereby 
granted  to  the  inhabitants  of  said  town,  to  meet  and  assemble 
in  the  month  of  November  next,  for  the  electing  proper  town 
officers  for  said  town  ;  which  being  done,  the  said  officers  shall 
be  esteemed  as  lawfidly  elected,  and  shall  continue  the  year 
next  ensuing  as  thO  elected  in  the  month  of  December  next. 
And  this  Assembly  authorizes  and  appoints  Mr.  Benjamin 
White  of  said  town,  to  warn  the  said  inhabitants  to  meet  and 
assemble,  at  some  place  by  him  to  be  appointed  in  said  town, 
sometime  in  November  or  December  next,  for  the  purposes 
aforesaid! 

Upon  the  memorial  of  Clement  Minor  of  Stoningtown, 
administrator  on  the  estate  of  Benjamin  Minor,  deceased, 
shewing  to  this  Assembly  that  the  debts  due  from  said  estate 
doth  amount  to  the  sum  of  X734  IQs.  lOd.  more  than  the 
personal  estate  of  the  deceased,  allowing  the  charges  of  ad- 
ministration and  necessaries  for  the  widow ;  and  praying  for 
liberty  to  sell  so  much  of  the  lands  of  the  deceased  as  to  pay 
said  debts  with  the  cost  and  charges  thereof:  Whereupon  it 


428  PUBLIC      RECORDS  [Oct. 

is  resolved  by  this  Assembly,  that  Simeon  Minor  and  Nehe- 
miah  Palmer,  of  said  Stoningtown,  be  appointed,  and  they 
are  here])y  appointed  and  directed,  by  and  with  the  direction 
of  the  judge  of  the  probate,  to  sell  so  much  of  the  lands  of 
said  deceased  as  to  pay  the  said  X734  16s.  lOd.  with  all 
charges  thereon. 

Upon  the  memorial  of  Stephen  Prentiss  and  others  of  the 
inhabitants  of  the  Neck  and  Nahantick  society  in  New  Lon- 
don for  school  privileges,  praying  that  they  may  be  divided 
into  two  societies  for  school  privileges,  for  the  reasons 
assigned :  "Whereupon  it  is  resolved  by  this  Assembly,  that 
the  said  society  be  divided  into  two  societies  for  school  priv- 
ileges, and  that  the  dividing  line  between  them  shall  be  as 
followeth,  (yiz:^  Beginning  at  the  head  of  Vuhiog  river,  and 
then  running  easterly  by  the  Neck  brook,  so  called,  as  far  as 
the  society  called  the  Neck  and  Nahantick  society  goes.  And 
it  is  further  enacted,  that  each  society,  divided  as  aforesaid, 
shall  have  all  powers  and  privileges  for  the  managing  their 
school  affairs  as  other  societies  in  this  Colony  for  ecclesias- 
tical affairs  have  granted  by  law  to  them. 

Upon  the  prayer  of  Capt.  Richard  Durfey  of  New  London, 
respecting  the  fare  of  Nabantick  ferry,  praying  that  the  same 
maybe  raised,  for  the  reasons  assigned:  Whereupon  it  is 
resolved,  that  the  fare  of  said  ferry  shall  be  six  pence  for  man, 
horse  and  load,  in  the  months  of  December,  January  and 
February,  and  four  pence  for  the  same  the  rest  of  the  year, 
during  the  pleasure  of  this  Court. 

This  Assembly  orders  the  Treasurer  of  this  Colony  to  pay 
to  Capt.  George  Phillips,  commander  of  the  sloop  Defence, 
the  sum  of  one  hundred  and  fourteen  pounds  and  nine  shil- 
lings new  tenour  bills,  for  wages  due  to  himself  and  men  on 
board  said  sloop.  And  this  Assembly  do  hereby  appoint 
Nathaniel  Stanly,  Esq"",  and  Capt.  John  Marsh,  a  committee  to 
settle  accounts  with  said  Capt.  Phillips  when  he  is  discharged 
from  said  sloop,  respecting  said  wages,  and  to  give  him  an 
order  on  the  Treasurer  for  the  payment  of  the  ballance  of  his 
account,  when  settled. 

[115]  Resolvedly  this  Assemblt/,  That  Capt.  George  Phillips, 
commander  of  the  sloop  Defence,  do  forthwith  discharge  such 
of  the  hands  that  are  on  board  said  vessel,  as  he  thinks  proper ; 
and  that  he,  with  the  rest  of  the  men,  with  the  first  fair  wind, 
sail  the  said  sloop  unto  New  London  ;  and  that  the  said  vessel 
be  by  him  laid  up  in  the  harbour  there,  in  some  secure  place ; 
and  that  the  arms  and  warlike  stores,  sails,  provisions,  &c., 
belonging  to  said  sloop,  be  well  secured,  either  in  said  vessel 


1741.] 


OP      CONNECTICUT, 


429 


or  some  other  safe  place, as  the  said  captain  shall  think  proper; 
upon  which  the  said  Phillips  shall  dismiss  all  his  hands,  and 
the  said  Phillips  shall  then  commit  said  sloop  unto  Colonel 
Gurdon  Saltonstall,  who  is  hereby  directed,  in  proper  seasons, 
to  try  the  pnmps  of  said  vessel,  and  take  the  necessary  care 
of  tlie  same  while  she  is  so  laid  up;  and  the  said  vessel  shall 
continue  in  said  harbour  as  aforesaid,  until  the  order  of  this 
Assembly  or  of  the  Governor  and  Council,  who  may  send 
forth  the  said  sloop  if  they  see  cause ;  and  the  officers  of  the 
said  vessel  shall  thereupon  be  fully  discharged,  until  by  the 
authority  aforesaid  they  be  called  to  act  in  their  posts  accord- 
ing to  their  former  commissions. 

The  Sums  total  of  the  Lists  of  Estate   of  the  several 
Towns  in  this  Colony  following,  sent  in  to  this 
Asseinbly  and  accepted,  (viz:) 


I. 

s. 

d. 

/. 

s. 

d. 

Hartford, 

81959 

0 

6 

New  Haven, 

41895 

2 

9 

New  London, 

Fairfield, 

39050 

9 

6 

Windham, 

17684 

8 

6 

Norwich, 

42970 

4 

3 

Mansfield, 

9553 

17 

9 

Farmingtown, 

27053 

12 

0 

Hebron, 

10841 

4 

0 

Greenwich, 

15378 

16 

0 

East  Haddam, 

13922 

12 

0 

Glassenbury, 

9708 

0 

0 

Coventry, 

10526 

4 

6 

Killingly, 

15150 

0 

0 

Symsbury, 

12925 

17 

0 

Standford, 

24212 

7 

3 

Haddam, 

8269 

8 

9 

Preston, 

15600 

19 

4 

Norwalk, 

24986 

3 

7 

Ridgfield, 

7664 

r 

0 

Woodberry, 

15324 

7 

3 

Canterbury, 

11472 

4 

9 

Groton, 

17975 

7 

2 

Pomfrett, 

12644 

0 

0 

Durham, 

9641 

0 

7 

Windsor, 

29027 

11 

0 

Seybrook, 

17320 

2 

6 

Litchfield, 

6447 

19 

6 

Danbury, 

11282 

11 

10 

New  Milford, 

8487 

17 

3 

Killings  worth. 

11150 

19 

5 

Stoningtown, 

24589 

5 

3 

Guilford, 

27491 

17 

8 

Ashford, 

7803 

12 

0 

Lyme, 

17075 

10 

0 

Weathersfield, 

24126 

17 

0 

Lebanon, 

28831 

0 

0 

Milford, 

24663 

5 

9 

Waterbury, 

9491 

5 

0 

Midletown, 

34604 

19 

0 

Derby, 

8084 

5 

0 

Brandford, 

19594 

16 

0* 

Colchester, 

18215 

15 

6 

Yoluntown, 

6338 

12 

6 

Stratford, 

32545 

16 

6 

Wallingford, 

31812 

3 

1 

This  Assembly  do  appoint  the  Honourable  Roger  Wolcott, 
Esq'',  to  be  Chief  Judge  of  the  Superior  Courts  in  this  Colony, 
until  the  annual  election  in  May  next. 

This  Assembly  do  appoint  William  Pitkin,  Esq"",  to  be  a 
Judge  of  the  Superior  Courts  in  this  Colony,  until  the  annual 
election  in  May  next. 

[116]  This  Assembly  do  establish  and  confirm  Mr.  Charles 


430  PUBLIC      RECORDS  [Oct. 

Biilkley  to  be  Captain  of  the  first  Troop  of  Horse  in  the  12th 
Regiment  in  this  Colony,  and  ordered  to  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Timothy 
Wright  to  be  Cornet  of  the  first  Troop  of  Horse  in  the  12th 
regiment  in  this  Colony,  and  ordered  to  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Jar^-is 
to  be  Captain  of  the  Troop  of  Horse  in  the  9th  regiment  in 
this  Colony,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Knapp 
to  be  Lieutenant  of  the  Troop  of  Horse  in  the  9th  regiment 
in  this  Colony,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  St. 
John  to  be  Cornet  of  the  Troop  of  Horse  in  the  9th  regiment 
in  this  Colony,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Isaac  Scudder 
to  be  Quarter  Master  of  the  Troop  of  Horse  in  the  9th  reg- 
iment in  this  Colony,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jonathan 
Lewis  to  be  Captain  of  the  second  company  or  trainband  in 
Kensington  parish,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Patter- 
son to  be  Lieutenant  of  the  second  company  or  trainband  in 
Kensington  parish,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Dewey 
to  be  Ensign  of  the  second  company  or  trainband  in  the  par- 
ish of  Kensington,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

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

This  Assembly  do  establish  and  confirm  Mr.  Henry  Cham- 
pin  to  be  Ensign  of  the  south  company  or  trainband  in  the 


1741. "I  OF      CONNECTICUT.  431 

town  of  East  Haddam,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  David  Copp  to 
be  Ensign  of  the  company  or  trainband  at  the  north  parish 
in  the  town  of  New  London,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  appoint  Capt.  Ebenezer  Stephens  to  be 
a  Justice  of  the  Peace  in  and  for  the  county  of  Fairfield, 
until  the  first  day  of  June  next. 

An  Act  in  Addition  to  an  Act  entituled  An  Act  to  pre- 
vent the  Exportation  of  Grain,  Flower  and  Bread, 
out  of  this  Colony  in  a  time  of  Scarcity. 

Whereas  in  said  act  there  is  only  a  liberty  given  to  any 
person  to  complain  of  and  prosecute  any  breach  of  said  act, 
pi'ovided  he  shall  give  sufficient  bond  to  prosecute  his  com- 
plaint to  effect :  but  it  is  not  made  the  duty  of  any  officer  or 
[117]  officers  to  complain  of  or  prosecute  any  ||  breach  of  said 
act:  And  whereas  the  obligations  by  said  act  laid  on  the 
authority,  to  proceed  ex  officio^  are  limited  to  that  grain,  flower 
or  bread  that  shall  be  shipped  before  the  publication  of  such 
proclamation  as  in  said  act  is  ordered  and  directed  for  the 
proliibiting  the  transportation  of  grain,  &c. :  Which  incon- 
veniences to  prevent, 

Be  it  enacted  by  the  Governor^  Council  and  Representatives^ 
in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  when  any  grain,  flower  or  bread,  shall  be  shipped  on 
board  any  ship  or  vessel  in  any  of  our  ports,  harbours  or 
creeks,  contrary  to  the  true  intent  and  meaning  of  said  act,  it 
shall  be,  and  is  hereby  made  an^d  declai-ed  to  be,  the  duty  of 
all  constables  and  grand  jurors,  to  complain  or  make  pre- 
sentment of  the  same  to  some  assistant  or  justice  of  the  peace  ; 
which  said  assistant  or  justice,  to  whom  said  complaint  shall 
be  made,  shall  proceed  thei  eupon  as  in  and  by  said  act  they 
are  directed  to  proceed  when  any  person  shall  complain  of 
any  breach  of  said  act  and  give  bond  to  prosecute  his  com- 
plaint to  effect. 

And  it  is  further  enacted  by  the  authority  aforesaid,  That  when 
any  assistant  or  justice  of  the  peace  shall  have  any  notice  of 
any  grain,  flower  or  bread,  being  shipped  on  board  of  any  ship 
or  vessel  after  any  such  proclamation  shall  be  made  and  pub- 
lished, as  aforesaid,  it  shall  be  lawful  for  any  such  assistant 
or  justice,  and  they  are  hereby  ordered,  by  their  warrant  di- 
rected to  the  constable  or  water-bailift,  to  search  in  any  such 
ship  or  vessel  for  any  grain,  flower  or  bread,  shipped  as  afore- 
said, contrary  to  the  true  intent  and  meaning  of  said  act; 
and  the  officer,  upon  finding  any  grain,  flower  or  bread,  ship- 


432  ^  PUBLIC       RECORDS  [Oct. 

ped  as  aforesaid,  he  is  hereby  required  to  seize,  land  and 
safely  secure  the  same  to  a  tryal. 

And  it  is  further  enacted  hy  the  autliority  aforesaid.  That 
when  any  officer  shall,  by  virtue  of  any  warrant  to  him  di- 
rected by  any  assistant  or  justice  of  the  peace  proceedinp:  ex 
officio,  or  upon  the  complaint  of  any  constable  or  grand-juror, 
seize  any  grain,  flower  or  bread,  shipped  as  aforesaid,  he  shall 
speedily  make  return  of  his  doing  thereof  unto  that  assistant 
or  justice  that  signed  such  warrant ;  which  said  assistant  or 
justice  shall  speedily  certify  such  process  to  the  king's  attor- 
ney in  the  county  where  such  .seizure  is  made  ;  which  said  at- 
torney shall,  as  soon  as  may  be.  libel  against  such  grain, 
flower  or  Uread,  to  the  judge  of  the  county  court  of  the  same 
county  ;  which  said  judge  is  hereby  ordered  to  proceed  in  the 
same  manner  as  in  the  last  paragraph  of  said  act  is  directed  ; 
from  which  judgment  no  appeal  or  review  shall  be  granted. 
And  all  penalties  and  forfeitures  that  shall  be  made  and  de- 
clared by  the  proceeding  in  manner  and  form  aforesaid,  shall 
be  paid  into  the  treasury  of  this  Colony.  And  said  court  are 
hereby  ordered  and  impowered  to  grant  unto  the  said  king's 
attorney  a  sufficient  and  reasonable  allowance  for  his  service 
in  the  affair,  to  be  paid  out  of  the  treasury  of  this  Colony. 

Whereas  heretofore,  at  the  session  of  this  General  Court, 
held  in  New  Haven  in  October,  anno  Dom.  1740,  John  Rich- 
ards, of  New  London  in  the  county  of  New  London.  Esq"", 
and  Margaret  Douglass  and  William  Douglass,  of  said  New 
London,  executors  of  the  last  will  and  testament  of  Richard 
Douglass  late  of  said  New  London,  deceased,  exhibited  their 
petition  and  complaint  unto  this  Court,  against  John  Winthrop, 
of  New  London  aforesaid.  Esq"",  administrator  on  the  estate  of 
Major  General  Wait  Winthrop,  Esq^,  late  of  Boston,  deceased, 
therein  setting  forth,  that  the  said  Major  General  Wait  Win- 
throp, one  of  the  executors  of  the  last  will  and  testament 
[118]  II  of  the  Honourable  Fitz  John  Winthrop,  Esq"",  in  order 
to  satisfy  a  judgment  of  court  recovered  by  the  selectmen  and 
committee  of  the  town  of  New  London  against  the  executors  of 
said  will,  for  the  use  of  the  ministry  in  said  town,  gave  his  cer- 
tain obligatory  bond,  under  his  hand  and  seal  well  executed, 
bearing  date  the  13th  day  of  July,  anno  Bom.  1709,  unto  Rob- 
ert Lattimer,  James  Rogers  and  Joshua  Hempstead,  appoint- 
ed to  receive  the  same  for  the  use  of  said  town,  by  which  he 
bound  liimsclf,  his  heirs,  executors  and  administrators,  to 
pay  to  the  said  Lattimer,  &c.,  the  full  sum  of  six  hundred 
pounds  lawful  money  of  New  England,  conditioned  that  if 
tlie  said  Wait  Winthrop,  his  heirs,  executors  or  administra- 
tors, should  have  well  and  truly  paid  unto  the  said   Robert 


1741.]-  OF      CONNECTICUT.  433 

Lattimor,  <fec.,  the  just  sum  of  seven  liundred  and  fifty  ounces, 
troy  weight,  of  silver  money,  together  with  forty-five  ounces 
troy  of  the  like  silver  money  for  the  interest,  at  or  before 
the  13th  (lay  of  July  next  ensuing  the  date  of  said  bond,  then 
the  same  was  to  have  been  void,  and  not  else  ;  and  tliat  the 
said  Wait  Winthrop  died  in  the  year  1717,  intestate,  and  the 
administration  of  his  estate  was  committed  to  the  said  John 
Winthrop,  Esq^  ;  and  that  afterwards,  by  the  judgment  and 
decree  of  the  superior  court  of  this  Colony,  the  said  John 
Winthrop's  letters  of  administration  were  vacated,  and  the 
administiation  of  said  estate  was  committed  to  Thomas 
Leech  mere,  of  Boston,  Esq'',  who  upon  application  to  this 
Assembly,  on  the.r2th  of  May,  1726,  obtained  power  and  au- 
thority to  sell  so  much  of  the  real  estate  of  the  said  AVait  Win- 
throp, Esqf,  as  would  be  sufiicient  to  discharge  the  debts  due 
from  said  estate  ;  and  that,  pursuant  to  said  power  and  au- 
thority, said  Leechmere  sold  to  the  said  John  Richards  and 
Richard  Douglass  three  hundred  and  seven  acres  of  land  in 
the  said  town  of  New  London,  part  of  the  real  estate  of  said 
deceased,  by  his  deed  dated  October  27th,  1726,  in  order  to 
pay  the  debts  due  by  the  l)ond  aforesaid,  &c.  ;  and  that  the  said 
Richards  and  the  said  Richard  Douglass  purchased  the  said 
bond  of  the  said  town  of  l^ew  London,  and  gave  their  own 
security  instead  thereof,  and  gave  the  said  bond  in  exchange 
for  the  said  deed  of  three  hundred  and  seven  acres  of  land  to 
said  Leechmere,  the  interest  only  being  paid  to  that  time,  and 
also  paid  the  said  Leechmere  ninety  pounds  more  in  current 
money  of  this  Colony,  and  that  the  said  Leechmere  blotted 
out  the  signing  and  broke  off  the  seal  of  said  bond  ;  and  that 
afterwards,  {viz.^  on  the  loth  day  of  February,  1727,  by  a 
decree  of  the  King  in  Council,  the  said  Leechmere's  letter  of 
administration  was  reversed,  and  the  said  act  of  Assembly  and 
things  dependent  thereon,  and  that  the  said  John  Winthrop's 
letters  of  administration  were  judged  and  ordered  to  be  and 
continue  in  force  as  at  first,  and  that  the  said  John  Winthrop 
should  be  put  into  the  seizin  and  possession  of  the  said  land 
sold  as  aforesaid,  which  in  obedience  to  his  Majesty's  decree, 
by  order  of  this  Assembly,  was  accordingly  done  ;  that  there- 
upon the  said  Leechmere  delivered  to  said  Richards,  <fec.,  the 
said  bond  thus  obliterated  :  And  thereupon  the  petitioners  in 
said  petition  complain,  that  the  said  John  Winthrop,  taking 
advantage  of  the  transaction  aforesaid,  hath  not  paid  said 
bond,  and  yet  refuseth  to  pay  them  the  debt  aforesaid,  al- 
though he,  before  the  King  and  Council,  in  his  complaint  con- 
fessed the  same  to  be  due,  and  hath  taken  the  benefit  of  the 
[119]  said  land  ordered  to  ||  be  re-delivered  to  him  as  afore- 
55 


434  PUBLIC      RECORDS  .  [Oct. 

said:  for  relief  wherein  tlie  complainants  humbly  prayed  the 
aid  and  assistance  of  this  Court,  according  to  equity  and  a 
good  conscience.  And  the  said  John  Winthrop's  attorney, 
viz.  his^wife,  Madam  Anne  Winthrop  of  said  New  London, 
being  duly  served  with  the  said  petition,  the  same  was  contin- 
ued to  the  sessions  of  this  Court  in  Hartford  in  ]\Iay  last.  At 
which  time  the  same  coming  on  to  be  heard  in  the  presence 
of  counsel  learned  on  both  sides,  the  substance  of  the  com- 
plainants' petition  appeared  to  be  as  is  before  recited,  and  was 
also  acknowledged  and  allowed  to  be  so  by  the  defendant's 
answer  thereunto,  which  was  only  verbally  made  thereunto. 
Whereupon,  and  upon  debating  the  matter  and  hearing  what 
was  allcdged  by  counsel  on  both  sides,  this»  Court  did  think 
fit  to  declare,  and  (the  matters  being  by  this  Court  continued 
to  this  present  sessions,)  this  Court  do  now  (on  further  hear- 
ing the  parties)  declare,  they  are  of  opinion  that  the  said  John 
Richards  and  Richard  Douglass  having  fully  satisfied  the  in- 
habitants of  the  said  town  of  New  London,  for  the  debt  due 
by  the  said  bond,  (and  the  said  original  debt  remaining  un- 
paid, and  it  having  then  been  the  ancient  and  constant  usage 
and  practice  of  this  government,  to  order  the  sale  of  the 
lands  of  deceased  del)tors  to  pay  their  just  debts,  when  per- 
sonal estate  was  wanting  for  that  purpose,)  they  ought  not  to 
lose,  and  the  defendant  to  take,  tbe  benefit  of  the  payment 
made  bythe  said  Richards  and  Douglass  to  the  inhabitants  of 
the  said  town  of  New  London  :  but  that  the  said  original  debt, 
with  the  lawful  interest  thereof,  he,  the  said  John  Winthrop, 
administrator  as  aforesaid,  out  of  the  estate  of  the  said  Wait 
Winthrop,  Esq"",  deceased,  ought  hi  equity  and  good  con- 
science to  pay  and  satisfy  to  the  complainants. 

Whereupoyi  this  Court  do  order  ayid  decree^  That  the  said 
complainants  shall  recover  against  the  defendant,  of  the  es- 
tate of  the  said  deceased  Wait  Winthrop,  Esq"",  the  said 
principal  original  debt  with  the  lawful  interest  thereof,  (yiz:^ 
the  sum  of  five  hundred  sixty -two  pounds  ten  shillings  lawful 
money  of  New  England,  and  their  cost  of  prosecution,  al- 
lowed to  be  thirteeii  pounds  thirteen  shillings  and  four  pence. 

And  this  Court  do  further  order  and  decree,  That  execu- 
tion go  forth  against  the  defendant,  and  take  and  dispose  of 
the  goods  or  estate  of  the  said  deceased  Wait  Winthrop, 
Esq'',  in  the  hands  of  the  said  defendant  as  administrator 
aforesaid,  and  thereof  to  pay  and  satisfy  unto  the  said  peti- 
tioners the  aforesaid  sums ;  and  the  Secretary  of  this  Colony 
is  hereby  ordered  to  grant  the  said  execution  accordingly. 
Execution  grayited  iehruary  2d,  174^. 

Whereas  James  Dunlop,  of  Stratford  in  Fairfield  county, 


1741.]  OF      CONNECTICUT.  435 

brought  his  petition  to  this  Assembly  in  their  sessions  at 
Hartl'ord  in  May,  1740,  against  Eijciiezer  Beach,  administra- 
tor on  the  estate  of  Mary  Smith  cdias  Dunlop,  and  Benjamin 
Cogsliall  and  Elizabeth  his  wife,  Samuel  Jones  and  Hannah 
his  wife,  all  of  said  Stratford,  complaining  that  his  father  Mr. 
xVrchibald  Dunlop,  late  of  said  Stratford,  deceased,  dyed 
seized  and  possessed  of  a  considerable  estate,  which  came 
into  the  hands  of  the  said  Mary  Smith  alias  Dunlop,  as  ad- 
[120]  ministratrix  on  said  estate,  but  that  ||  there  never  was 
any  settlement  or  distribution  made  thereof;  and  that  at  her, 
the  said  Mary's  decease,  there  was  remaining  a  considerable 
part  of  said  estate,  some  of  which  liad  gotten  into  the  liands 
of  tbe  said  Elizabeth  and  Hannah,  sisters  to  him,  the  said 
James,  and  that  he  had  not  his  share  thereof ;  praying  this 
Assembly  to  grant  him  relief  according  to  equity  and  a  good 
conscience ;  which  petition  came  by  continuance  to  this  As- 
sembly in  their  present  sessions,  wherein,  upon  the  report  of 
tlie  committee  appointed  in  said  case  to  hear  and  report  to 
Xhis  Ass?mbly,  and  upon  the  full  iiearing  of  the  parties  there- 
on, it  appears  to  this  Assembly,  that  the  said  Archibald  Dun- 
lop died  seized  and  possessed  of  a  considerable  estate,  which 
came  into  the  hands  of  the  said  Mary  Smith  alias  Dunlop,  as 
administratrix  as  aforesaid  ;  and  that,  after  the  decease  of 
the  said  Mary,  there  remained  of  said  estate  to  the  value  of 
seventy-nine  pounds  fourteen  shillings,  one-half  whereof  lay 
in  a  certain  house  and  homelot  in  said  Stratford,  which  hath 
been  disposed  of  to  the  only  use  and  benefit  of  the  said  two 
daughters,  (w/s.)  Elizabeth  and  Hannah,  and  the  other  half 
lay  in  a  certain  tract  of  land  lying  in  said  Stratford  at  a  place 
called  the  White  Hills,  containing  by  estimation  one  hundred 
and  thirty-one  acres,  bounded  south  and  west  on  highway,  east 
on  Stratford  river,  and  north  on  land  formerly  belonging  to 
Samuel  and  John  Walker ;  and  that  there  never  hath  been 
any  settlement  or  distribution  of  said  estate  of  said  Archi- 
bald Dunlop  ;  wherefore  the  said  James  Dunlop  in  equity  is 
intituled  to  and  ought  to  have  the  above-described  one  hundred 
thirty-one  acres,  wliich  is  no  more  than  his  portion  and  share 
of  his  said  father  Mr.  Archibald  Dunlop's  estate  :  Whereupon 
it  is  resolved,  enacted,  ordered  and  decreed,  by  this  Assem- 
bly, that  the  said  James  Dunlop  shall  have  and  hold  the  said 
hundred  and  thirty-one  acres  of  land  at  the  White  Hills,  to 
him,  his  heirs  and  assigns,  as  his  part  and  share  of  his  said 
father's  estate. 

Upon  the  petition  of  James  Wells  and  John  Fisk,  of  Had- 
dam,  and  others,  against  Gershom  Nott,  of  Weathersfield, 
complaining  to  this  Assembly  of  the  award  of  certain  audit- 


436  PUBLIC      RECORDS  [Oct 

ors,  John  Ledvard,  Giirdon  Saltonstall  and  Joseph  Coit,  in 
-an  action  of  account  had  by  the  said  Wells,  <tc.,  against  said 
Xott  before  the  superior  court  lield  in  Hartford  in  March, 
1739-40,  by  their  writ  dated  the  14th  day  of  March,  1738-9, 
demanding  an  account  of  a  certain  briganteen  and  cargo  re- 
ceived of  the  plaintiffs  by  the  defendant,  to  carry  to  the  West 
Indies  and  dispose  of  and  make  return  thereof  to  the  plain- 
tiffs, worth  <£2600  ;  which  said  auditors  were  appointed  by  the 
said  superior  court,  and  awarded  in  said  case  tliat  the  plain- 
tiifs  were  indebted  to  the  defendant  ^5  4s.  Id.  ;  and  com- 
plaining also  of  the  judgment  of  tlie  superior  court  held  in 
Hartford  in  Sept.  1740,  upon  the  award  of  said  auditors, 
judging  that  the  defendant  should  recover  of  the  plaintiffs 
the  said  .£5  4s.  7tl  Barbadoes  money,  with  cost,  taxed  at  X33 
OS.  Od. ;  praying  this  Assembly  to  reverse  and  set  aside  tlie 
said  judgment  of  the  said  superior  court  in  said  case,  in  Hart- 
ford in  said  September,  upon  the  award  of  said  auditors : 
It  is  resolved  and  enacted  by  this  Assembly,  that  the  final 
judgment  of  the  superior  court  in  said  case  should  be  reversed, 
set  aside  and  made  void,  and  the  same  is  hereby  reversed, 
set  aside  and  made  void,  in  all  the  parts  thereof;  and  the 
plaintiffs  are  allowed  another  tryal  in  said  case  at  the  superior 
court  to  be  held  in  Hartford  in  March  next ;  and  that  all  the 
cost  from  the  beginning  shall  follow  the  said  final  tryal. 

[121]  Upon  the  petition  of  Samuel  Monroe,  of  AYorcester 
in  Dutchess  county  in  the  Province  of  New  Yorlv,  vs.  Reuben 
Negro,  resident  in  Weathersfield :  The  question  was  put, 
whether  the  prayer  of  said  petition  should  be  granted,  and 
resolved  by  this  Assembly  in  the  negative.  Cost  allowed  re- 
spondent is  £2  lis.  6d. 

Upon  the  petition  of  Samuel  Baker  of  Brandford  vs.  Na- 
thaniel Buel  of  Killingsworth,  on  file:  The  question  was  put, 
whether  the  prayer  of  said  petition  should  be  granted,  and 
jesolved  iby  this  Assembly  in  the  negative.  Cost  allowed  to 
the  resjyondent  is  <£4  18s.  Od.     Ex.  granted  December  2d.,  1741. 

On  the  memorial  of  the  reverend  Trustees  of  Yale  Col- 
lege in  New  Haven  :  This  Assembly  grants  that  there  shall 
be  paid  out  of  the  publick  treasury  of  this  Colony  to  the 
treasurer  of  said  college,  for  the  use  of  the  same,  the  sum  of 
thirty  pounds  in  bills  of  credit  of  the  new  tenour,  or  other 
bills  equivalent  thereunto,  for  the  term  of  three  years  next 
coming,  in  addition  to  the  standing  allowance  made  to  the 
said  college. 

Upon  the  memorial  of  the  Trustees  of  Yale  College  and 
the  report  of  the  committee  thereupon,  which  was  read  and 


1741.]  OP      CONNECTICUT.  437 

accepted :  Ordered,  that  there  be  erected  on  the  back- 
side of  the  rector's  house  a  small  kitchen  of  about  sixteen 
feet  square,  beside  the  chimney  place,  and  one  story  high, 
and  that  such  repairs  as  are  necessary  be  made  about  the 
rector's  house,  and  that  there  be  erected  a  good  and  decent 
new  fence  about  the  yard  before  the  rector's  house,  and  from 
thence  by  the  street  northward  to  the  corner ;  and  Messrs. . 
Daniel  Edwards  and  Samuel  Mix,  of  New  Haven,  are  ap- 
pointed hereby  to  take  care  of  and  procure  the  said  work  to 
be  done  in  the  best  and  most  convenient  manner,  and  as  rea- 
sonably as  may  be,  and  to  render  an  account  of  their  doings 
in  that  atlair  to  this  Assembly ;  and  Nathaniel  Stanly,  Esq"", 
and  Capt.  John  Marsh,  are  hereby  ordered  to  draw  out  of  the 
publick  treasury  of  this  Colony  such  sums  of  bills  of  credit 
as  they  shall  judge  necessary  for  the  purpose  aforesaid,  and 
deliver  the  same  to  the  said  committee,  for  the  use  aforesaid, 
taking  their  receipt  therefor. 

Upon  the  report  of  the  committee  appointed  by  this  As- 
sembly to  pitch  upon  a  place  for  the  setting  up  a  meeting 
house  in  the  west  parish  of  Norwich  :  It  is  now  resolved  by 
this  Asseml)ly,  that  the  inhabitants  of  said  parish  sliall  set 
up  and  finish  a  meeting  house  on  the  same  hill  where  their 
meetinghouse  now  stands :  the  southwesterly  corner  of  the 
said  house  to  be  built  shall  be  affixed  about  twenty  foot 
west  of  an  old  chestnut  stub,  tbat  is  about  forty  feet  Irom 
the  southwest  corner  of  the  old  meeting  house  ;  and  the  said 
inhabitants  are  hereby  ordered  to  conform  themselves  to  this 
resolve,  and  that  they  therein  attend  the  direction  of  the  law. 

On  tbe  memorial  of  Messrs.  John  Riggs,  Samuel  Bassett, 
&c.,  shewing  to  this  Court  that  tbe  bridges  heretofore  erected 
over  the  river,  called  Naugatuck  river,  in  Derby,  have  been 
demolished  and  carried  away  by  floods  and  ice,  &c.,  and  pray- 
ing liberty  for  themselves  and  such  as  will  joyn  with  them,  to 
build  a  bridge  over  said  river  at  the  place  where  the  former 
bridges  were  built,  &c.  :  This  Assembly  grants  liberty  to  the 
memorialists  and  sucli  other  persons  as  shall  see  cause  to 
joyn  with  them,  to  build  a  bridge  over  the  river  aforesaid  at  the 
place  aforesaid,  or  as  near  it  as  maybe  convenient,  for  all  per- 
sons to  pass  and  repass  over  said  river  ;  and  that  the  toll  or  fare 
for  all  persons,  except  the  inhabitants  of  Derby,  shall  be  six 
pence  for  man,  horse  and  load,  and  three  pence  for  each  per- 
son, and  for  each  team  one  shilling ;  and  that  the  fare  above-- 
said  shall  be  taken  in  old  tenour  bills  of  all  persons  except 
the  iidiabitants  of  said  Derby,  until  this  Assembly  shall  order 
otherwise. 


438  PUBLIC      RECORDS  [Oct. 

[122]  Upon  the  memorial  of  Capt.  Stephen  Lee,  shewing  to 
tills  Court  that  lie  was,  in  June  last,  sent  on  an  express  from 
New  London  to  Hartford,  to  inform  his  Honour  the  late  Gover- 
nor Taleott  of  some  enemies  supposed  to  be  landed  on  Long 
Island ;  and  praying  for  some  allowance  therein :  This 
Court  grants  to  the  memorialist  the  sum  of  six  pounds 
old  tenour  bills,  to  be  paid  him  out  of  the  publick  treasury  of 
tins  Colony. 

Upon  the  memorial  of  Thomas  Mathews,  of  the  first  soci- 
ety of  Waterbury,  praying  this  Assembly  that  he  and  his 
lands,  &c.,  be  annexed  unto  the  parish  of  Westberry  in  said 
Waterbury,  &c. :  Resolved  by  this  Assembly,  that  the  said 
Thomas  Mathews,  and  all  his  lands,  be  annexed  unto  the  said 
parish  of  Westberry  accordingly. 

Upon  the  memorial  of  John  Norton  of  Guilford,  one  of  the 
members  of  the  4th  society  for  the  publick  worship  of  God 
in  said  Guilford,  praying  that  he  might  be  dismissed  from 
said  fourth  society  and  joyned  to  the  first  society :  This  As- 
sembly do  grant  and  order,  that  the  said  John  Norton  be  dis- 
missed and  released  from  the  said  fourth  society ;  and  he,  the 
said  Norton,  is  hereby  dismissed,  released  and  freed  there- 
from, and  from  paying  any  taxes  and  rates  therein  that  shall 
for  the  future  arise  ;  and  is  hereby  joyned  to  and  made  a 
member  of  said  first  society. 

Upon  the  report  of  the  committee  appointed  to  fix  the  place 
for  the  inhabitants  of  the  town  of  Goshen  to  build  a  meeting 
liouse  on  for  divine  worship  :  Resolved  by  this  Assembly,  that 
a  place  in  the  minister's  lot  in  said  town,  northward  from 
the  place  where  his  frame  stands,  where  is  a  stake  set  up  by 
the  said  committee  to  ascertain  the  place,  be  the  place  where 
the  said  inhabitants  shall  build  their  meeting  house  for  divine 
worship  upon. 

Whereas  several  of  the  reverend  ministers  in  this  Colony 
have  informed  this  Court,  that  it  is  proposed  by  many  minis- 
ters in  this  Colony,  in  order  to  maintain  a  good  harmony  and 
agreement  among  the  ministers  and  churches,  and  to  pi'event 
and  heal  divisions  in  the  land,  to  have  a  General  Consociation 
of  the  churches  in  this  Colony,  consisting  of  three  ministers 
and  three  messengers  from  each  particular  consociation,  to 
be  convened  at  Guilford  on  the  24th  day  of  November  next ; 
and  proposing  to  this  Assembly  to  be  at  tlie  charge  and  ex- 
pence  thereof: 

Wliereupon  this  Assembly,  considering  the  unhappy  misun- 
derstandings and  divisions  subsisting  in  this  Colony,  whereby 
the  peace  of  our  churches  is  much  threatened ;  and  this  Assem- 


1741.]  OF      CONNECTICUT.  439 

biy  hoping  that  such  a  general  convention  may  issue  in  the 
accommodation  of  divisions,  settling  peace,  love  and  charity, 
and  promoting  the  true  interest  of  vital  religion,  for  which 
there  seems  to  be  so  general  a  concern  among  the  people  of 
this  land  :  Therefore,  if  the  particular  consociations  aforesaid 
think  proper  to,  and  do  accordingly  send  their  several  dele- 
gates as  aforesaid,  and  they  meet  as  is  above  proposed,  re- 
solved, that  the  cliarge  and  expence  for  entcrtaiiinient  of  such 
a  general  convention  at  Guilford  shall  be  born  by  this  govern- 
ment. And  this  Assembly  appoints  Colonel  Samuel  Hill  to 
make  the  necessary  provision  for  the  support  of  the  members 
of  said  general  consociation,  during  tlieir  continuance  at 
Guilford  aforesaid,  for  tiie  purpose  aforesaid,  and  lay  the  ac- 
counts thereof  before  this  Assembly  in  May  next. 

Whereas  there  is  laid  before  this  Court  a  letter  from  Gen- 
eral Wentworth  and  instructions  to  Capts.  Hopkins  and  Wins- 
low,  dated  from  the  camp  in  the  isle  of  Cuha^  August  1,2th, 
1741,  respecting  the  levying  of  souldiers  for  recruiting  his 
Majesty's  forces  there  ;  as  also  a  letter  from  his  Grace  the 
Duke  of  Newcastle,  directing  our  compliance  with  such  a  re- 
quest from  the  general,  in  case  it  should  be  made : 

[128]  II  It  is  therefore  enacted  and  resolved  h^  this  Assembly, 
That  the  said  recruiting  officers,  by  themselves  or  orders,  shall 
have  liberty,  and  the  same  is  hereby  granted  unto  them,  to 
inlist  such  able-bodied  effective  men  as  shall  voluntarily  oiler 
themselves  for  recruiting  the  aforesaid  forces,  according  to  the 
instructions  aforesaid.  And  that  the  said  recruiting  officers 
may  be  the  better  able  to  proceed  in  making  the  said  levies, 
this  Court  grants  to  said  Capt.  Winslow  or  order  the  sum  of 
twenty  pounds,  and  that  there  shall  be  drawn  out  of  the 
treasury  bills  of  publick  credit  equivalent  to  four  pounds  ster- 
ling for  each  man  that  the  said  recruiting  officers  shall  inlist 
in  and  of  this  Colony,  according  to  the  instructions  aforesaid, 
of  which  the  aforesaid  sura  now  ordered  to  be  at  present  ad- 
vanced shall  be  accounted  as  part,  and  deducted  out  of  the 
same. 

And  it  is  further  resolved  by  this  Assembly,  That  the  said 
souldiers  so  inlisted  shall  be  transported  to  the  isle  of  Cid)a 
at  the  charge  and  by  the  order  of  this  government :  pro- 
vided the  number  be  not  less  than  fifty  nor  more  than  two 
hundred.  And  if  the  said  recruiting  officers  shall  inlist  such 
volunteers  according  to  said  instructions,  his  Honour  the 
Governor  is  desired  and  impovvered  to  give  orders  on  the 
Treasurer  for  the  said  officers  to  draw  out  the  aforesaid  sums 
for  each  man  thus  inlisted.  And  if  the  number  of  fifty  or 
upwards  shall  be  so  inlisted,  the  Governor  and  Council  are 


440  PUBLIC      RECORDS  [Oct. 

irapowered  and  desired  to  make  the  necessary  provision,  and 
give  the  necessary  orders,  for  tlie  transportation  and  support 
of  such  souldiers  after  their  eralmrkation  till  tlieir  arrival  at 
the  island  of  Cuba.  And  his  Honour  the  Grov^rnor  is  desired 
to  issue  fortli  a  Proclamation,  acquainting  his  Majesty's  sub- 
jects in  this  Colony  of  the  encouragement  his  Majesty  has 
graciously  been  pleased  to  give  to  such  as  shall  inlist  for  the 
pur])Ose  aforesaid  ;  and  also  to  take  and  receive  proper 
draughts  on  the  Right  Honourable  Henry  Pelham,  Esq"",  Pay- 
master-general of  his  Majesty's  forces,. for  the  reimbursement 
of  the  said  sums  advanced,  agreeable  to  said  instructions. 

Resolved  by  thin  Assemhly,  That  in  making  the  necessary 
preparations  for  the  transportation  of  the  recruits  from  this 
Colony,  his  Honour  the  Governor,  with  the  advice  and  consent 
of  his  Council,  be  desired  (if  they  shall  think  best)  to  make 
use  of  our  Colony  sloop  The  Defence^  for  the  performance  of 
that  service,  and  to  improve  her  on  a  cruise  in  the  West  In- 
dies, on  such  terms  and  with  so  many  men  as  they  shall  judge 
proper,  or  in  any  other  method  which  they  shall  think  best. 

Whereas  there  is  in  the  hands  of  Francis  Wilks,  Esq'', 
Agent  of  this  Colony,  three  bills  of  exchange  drawn  in  favour 
of  this  government  upon  the  Right  Hon'''^  Henry  Pelham, 
Esqr,  Pay-master-general  &c.,  amounting  to  the  sum  of  six 
hundred  sixty-seven  pounds  three  shillings  sterling,  which 
this  Assembly  are  informed  are  accepted:  It  is  therefore  re- 
solved by  this  Asseml)ly,  that  Messrs.  John  Whiting  and 
George -Wyllys  be  appointed,  and  they  are  hereby  appointed 
and  irapowered,  to  sell  and  dispose  of  six  hundred  pounds  of 
the  said  bills  for  gold,  silver,  or  current  bills  of  publick  credit, 
to  the  best  advantage.  And  that  thepei'son  or  persons  who  shall 
purchase  the  said  six  hundred  pounds  may  be  enabled  to  take 
the  benefit  thereof,  his  Honour  the  Governor  is  desired  to 
order  and  direct  the  said  Francis  Wilks,  Esqr,  to  receive  of 
the  said  jiay-master-general  the  said  six  hundred  sixty-seven 
[124]  pounds  three  shillings,  and  six  hundred  pounds  || 
thereof  to  i)ay  to  such  person  or  persons  as  shall  make  pur- 
chase thereof  as  aforesaid,  or  to  their  order ;  and  further,  to 
direct  our  said  agent  to  accept  of  so  much  of  the  residue  as 
is  sufficient  to  answer  the  ballance  of  the  Colony's  account 
with  him,  and  that  he  keep  what  remains  in  his  hands,  till 
further  order  from  this  Assembly, 
An  Act  appointing  a  Court  of  Pr'obate  in  the  County 

of  Hartford,  and  for  limiting  the  District  thereof. 

Be  it  enacted  by  the  G-overnoi\  Council  and  Uepresentatives^ 
in  G-eneral  Court  assembled,  and  by  the  authority  of  the  same, 
That  the  towns  of  East   Haddam,   Haddam,  Colchester  and 


1741.]  OF      CONNECTICUT.  441 

Hebron,  including  the  parish  of  Midle-Haddam,  all  in  the 
county  of  Hartford,  be  one  entire  district  for  holding  a  court 
of  probate,  and  shall  be  known  by  the  name  of  the  District  of 
East  Haddani ;  and  said  court  shall  be  held  by  one  judge  and 
a  clerk,  with  powers  and  privileges  as  the  other  courts  of  pro- 
bate in  this  Colony  have.  And  in  all  cases  where  the  law 
allows  of  appeals,  they  shall  be  made  to  the  superior  court  to 
be  holdcn  at  Hartford. 

This  Assembly  appoints  Colonel  John  Bulkley  to  be  Judge 
of  the  Court  of  Probates  in  the  district  of  East  Haddam. 

_This  Assembly  do  appoint  John  Whiting,  Esq^,  to  be  Col- 
onel of  the  tirst  regiment  in  this  Colony,  and  order  that  he 
be  commissioned  accordingly. 

This  Assembly  do  appoint  Joseph  Pitkin,  Esq^,  to  be  Lieu- 
tenant Colonel  of  the  first  regiment  in  this  Colony,  and  order 
that  he  be  commissioned  accordingly. 

This  Assembly  do  appoint  Henry  AUyn,  Esq"",  to  be  Major 
of  the  first  rej^ment  in  this  Colony,  and  order  that  he  be  com- 
missioned accordingly. 

This  Assembly  do  appoint  Ebenezer  Marsh,  Esq^,  to  be 
Major  of  the  13th  regiment  in  this  Colony,  and  order  that  he 
be  commissioned  accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  John  Hutch- 
ins  to  be  Cornet  of  the  Troop  in  the  third  regiment  in  this 
Colony,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas  Slue- 
man,  jun.,  to  be  Quarter-Master  of  the  Troop  in  the  third  regi- 
ment in  this  Colony,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  appoint  Joseph  Buckingham,  Esq"",  to  be 
Judge  of  the  Courts  of  Probate  for   the  district  of  Hartford, ' 
until  the  first  day  of  June  next. 

This  Assembly  appoint  Nathaniel  Stanly,  Esq--,  Capt.  John 
Marsh  and  Mr.  John  Austin,  to  receive  and  adjust  accounts 
with  Capt.  Giles  Hall,  respecting  the  building  and  equipping 
the  sloop  Defence^  and  make  report  to  this  Assembly  in  May 
next. 

Whereas  this  Assembly,  at  their  sessions  in  October  last, 
resolved  that  there  should  be  provided,  at  the  charge  of  this 
government,  a  convenient  council-table  at  the   council-cham- 
56 


442  PUBLIC      RECORDS  [Oct. 

ber  in  New  Haven,  a  conveniency  for  the  Secretary  to  write 
on,  and  convenient  seats  for  the  gentlemen  attorneys  that  at- 
tend this  Court,  and  appointed  Capt.  Isaac  Dickerman  to  pro- 
cure the  same  to  be  done,  wliich  as  yet  he  hath  not  done : 
Therefore,  this  Assembly  appoints  Colo.  Joseph  Whiting  to 
procure  the  said  conveniences,  together  with  proper  accom- 
modations for  the  Secretary's  office,  and  lay  his  accounts  be- 
fore this  Court  in  May  next. 

[125]  Whereas  his  Honour  the  late  Governor  Talcott,  with 
the  Secretary  of  this  Colony  for  tlie  time  being,  was  impow- 
ered  to  release  and  discharge  the  mortgages  that  were  made 
to  the  Governor  and  Company,  for  the  money  loaned  out  of 
the  publick  treasury,  upon  payment  of  principal  and  interest, 
&c. :  And  forasmuch  as  his  Honour  the  present  Governor  of 
this  Colony  is  at  such  a  distance  from  the  Secretary  and  Treas- 
urer, as  that  the  discharges  and  releases  in  such  cases  can- 
not be  obtained  witliout  much  cost  and  charge  :  Eesolved  by 
this  Assembly,  that  Nathaniel  Stanly,  Escf,  with  the  Secre- 
tary, be  impowered,  and  they  are  hereby  impo\\'ered,  to  give 
discharges  and  releases  to  the  mortgagers  aforesaid,  in  the 
same  manner  as  the  Governor  and  Secretary  were  impowered 
and  authorized  to  do  by  the  act  of  this  Assembly. 

Whereas  the  Honourable  Joseph  Talcott,  Esq!",  deceased, 
and  Nathaniel  Stanly,  Esq"",  were  by  this  Assembly  impowered 
to  draw  out  of  the  publick  treasury  what  money  should  be 
needful  for  the  repairs  of  the  college,  and  deliver  the  same  to 
the  committee  appointed  to  repair  the  same  :  This  Assembly 
do  now  appoint  Mr.  John  Hitchcock  to  be  joyned  with  Na- 
thaniel Stanly,  Esq"",  to  make  up  accounts  with  Mr.  John 
Ponderson  and  Mr.  Daniel  Edwards,  concerning  what  hath 
been  expended,  and  to  give  order  for  what  money  shall  be 
found  due,  and  further  needful  to  finish  said  repairs. 

Resolved  by  this  Assembly,  That  there  shall  be  paid  out  of 
the  publick  treasury,  for  wages  to  the  officers  and  souldiers  of 
the  two  troops  detached  to  New  London  by  special  order  of 
the  Governor  and  Council  of  War,  in  June  last,  as  foUoweth, 
(yiz:^ 

To  a  captain,  20s.  ^ 

To  a  lieutenant,  15s.  | 

To  a  cornet,  13s.  [per  diem,  exclusive  of 

To  a  quarter-master,         12s.  [      Sabbath  day. 

To  a  corporal  and  clerk,   lis. 

To  each  private  centinel,  l.Os.  ^ 
And  Colo.  Nathaniel    Stanly  and   Capt.  John    Marsh  are 
appointed  a  committee  to  receive,  examine  and  adjust  the 


1741.]  OF      CONNECTICUT.  443 

accounts  that  may  be  laid  before  tliem  of  the  time  the  said 
troops  were  upon  service,  and  of  the  charges  expended  for 
their  subsistence  during  the  same  ;  and  then  said  committee 
are  directed  and  impovvcred  to  draw  an  order  upon  the  Colony- 
Treasurer  for  the  payment  of  such  sum  or  sums  as  they  shall 
allow  pursuant  hereunto. 

This  Assembly  grants  a  rate  of  one  penny  on  the  pound  on 
all  the  polls  and  rateable  estate  in  this  government,  to  be 
paid  into  tlie  publick  treasury  in  bills  of  credit  of  this  Colony 
with  the  usual  advance  of  twelve  pence  on  the  pound  ;  or  in 
true  bills  of  credit  of  four  signers  of  the  Massachusetts  Bay, 
or  in  true  bills  of  credit  of  New  York,  without  advance  on 
them  ;  or  in  silver  money,  as  it  passeth  in  the  country. 

Resolved  by  this  Assembly,  That  the  town  of  New  London, 
for  their  neglect  of  sending  in  their  list  to  this  Assembly,  as 
the  law  requires,  be  doomed  the  sum  of  thirty  thousand 
pounds  ;  and  the  said  town  shall  receive  their  school-money 
accordingly. 

[126]  Ordered  by  this  Assembly,  That  Mr.  John  Whiting, 
Treasurer  of  this  Colony,  pay  and  deliver  the  sum  of  sixty- 
nine  pounds  twelve  shillings  and  five  pence,  out  of  the  Colony 
treasury,  to  Mr.  James  Church,  to  be  by  him  improved  for  the 
payment  of  the  expences  of  the  funeral  of  the  late  Honour- 
able Governor  Talcott  at  Hartford,  according  to  the  account 
thereof  now  laid  before  the  Assembly. 

This  Assembly  grants  to  the  Honourable  Jonathan  Law, 
Esq^  Governor,  the  sum  of  sixty  pounds,  for  his  half  year's 
salary  this  current  year,  to  be  paid  in  new  tenour  bills,  or 
equivalent  in  bills  of  the  old  tenour. 

This  Assembly  grants  unto  the  Hon'^'e  Roger  Wolcott,  Esq"", 
Deputy  Governor,  the  sum  of  thirty  pounds,  for  his  half 
year's  salary  this  current  year,  to  be  paid  in  new  tenour  bills, 
or  equivalent  in  bills  of  the  old  tenour. 

This  Assembly  grants  to  Mr.  Secretary  Wyllys,  for  his  salary 
for  the  year  1740,  the  sum  of  six  pounds  in  bills  of  the  new 
tenour ;  and  for  his  salary  this  current  year,  the  sum  of  six 
pounds  in  new  tenour  bills,  or  in  bills  of  the  old  tenour 
equivalent  thereto. 

This  Assembly  grants  to  Mr.  Timothy  Green,  printer,  the 
sum  of  ten  pounds  in  bills  of  the  new  tenour,  or  in  bills  of 
the  old  tenour  equivalent,  for  his  last  half  year's  salary. 

Whereas  this  Assembly  hath  been  drawn  out  to  such  a 
length  that  all  the  members  thereof  cannot,  without  great 
inconvenience,  stay  to  hear  the  records  read  off:  This  Assem- 


444  PUBLIC    RECORDS  [May, 

bly  do  appoint  Colonel  Joseph  Whiting,  Capt.  Jon^i'  Allyn, 
Mr.  John  Hitchcock,  Capt.  John  Fowler,  Mr,  Robert  Treat, 
a  committee  to  attend  his  Honour  the  Governor,  to  hear  the 
acts  and  records  of  this  Assembly  read  off,  and  then  to  be 
signed  by  the  Secretary  as  perfect  and  compleat. 

The  several  Acts,  Gi-ants  and  Orders  of  this  Assembly,  as 
they  stand  entered  on  the  pages  of  this  book  next  preceding, 
were  read  off  in  the  presence  of  the  committee  abovenamed, 
and  by  them  ordered  to  be  signed  as  compleat. 

George  Wyllys,  Secret'y. 


[127]  Anno  Regni  Regis   Georgii  secundi  Magnce  Britannim, 
^c,  decimo-quinto. 

Connecticut 
Colony. 

At  a  General  Assembly  holden  at  Hartford  in  his 
Majesty's  English  Colony  of  Connecticut,  in  New 
England  in  America,  on  the  second  Thursday  op  May, 
(being  the  13th  day  of  said  month,)  and  continued 
by  several  adjournments  until  the  third  day  of  june 
following,  annoque  Domini  1742.* 

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

Nathaniel  Stanly,     William  Pitkin,  "^ 

Joseph  Whiting,       Thomas  Fitch,  | 

Ozias  Pitkin,  Ebenezer  Silliman,         )>Esq''%  Assistants. 

Timothy  Pierce,       Jonathan  Trumble, 

Samuel  Lynde,         Hezekiah  Huntington, 

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

Colo.  Joseph  Pitkin,  Mr.  Joseph  Buckingham,  for  Hartford. 

Mr.  John  Richards,  Mr.  Jeremiah  Miller  for  New  London. 

Capt.  Eleazer  Crary,  Capt.  John  Fitch,  for  Windham. 

Mr.  Samuel  Minor,  Mr.  Daniel  Curtiss,  for  Woodbury. 

Mr.  Asahel  Strong,  Mr.  Hezekiah  Lee,  for  Farmington, 

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

Mr.  Isaac  Kendal,  Mr.  Robert  Knowlton,  for  Ashford. 

Mr.  Ebenezer  Holbrook,  Mr.  Samuel  Sumner,  for  Pomfrett. 

Colo.  John  Bulkley,  Capt.  Israel  Newton,  for  Colchester. 

Capt.  James  Beebe,  Mr.  Thomas  Benedict,  for  Danberry. 

*  The  Journal  of  neither  House  is  found. 


1742.]  OF      CONNECTICUT.  445 

Mr.  Joseph  Palmer,  Mr.  Increase  Billings,  for  Stonington. 

Capt.  Joseph  Addams,  Colo.  John  Dyer,  for  Canterbury. 

Mr.  Nathaniel  Brown,  Mr.  Samuel  Morgan,  for  Preston. 

Mr.  Samuel  Canfield,  Mr.  Natli'  Bostwick,  for  New  Milford. 

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

Mr.  John  Lane,  Mr.  Joseph  Wilcox,  for  Killingsworth. 

Capt.  Jonathan  Allyn,  Mr.  John  Hitclicock,  for  New  Haven. 

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

Mr.  Joshua  Huntington,  Mr.  Isaac  Huntington,  for  Norwich. 

Mr.  Josepli  Strong,  Mr.  Peter  Buel,  for  Coventry. 

Mr.  John  Griswould,  Mr.  Richard  Lord,  for  Lyme. 

Mr.  Joseph  Lcavinze,  Mr.  Urian  Horsmer,  for  Killingly. 

Colo.  Jonathan  Hoit,  for  Standford. 

Capt.  John  Fisk,  for  Haddam. 

Mr.  John  Humplirey,  Mr.  Joseph  Wilcox,  for  Symshury. 

Capt.  Thomas  Storrs,  Mr.  Samuel  Pierce,  for  Mansfield. 

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

Capt.  Thomas  Stephens,  Mr.  William  Marsh,  for  Plainfield. 

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

Mr.  John'  Betts,  Mr.  Samuel  Fitch,  for  Norwalk. 

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

Coio.  John  Chester,  Mr.  Elisha  Williams,  for  WeatliersGcld. 

Mr.  Jedadiah  Cliapman,  Mr.  Nathaniel  Clark,  for  Saylu'ook. 

[128]  Colo.  Samuel  Hill,  Mr.  Benjamin  Hand,  for  Guilford. 

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

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

Mr.  Robert  Dixon,  Mr.  Charles  Campbell,  for  Voluntown. 

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

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

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

Capt.  Theophilus  Nickols,  Mr.  Joseph  Booth,  for  Stratford. 

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

Mr.  Jabez  Mead,  Capt.  Nath'  Peck,  for  Greenwich. 

Capt.  Samuel  Mather,  Major  Henry  Allyn,  for  Windsor. 

Mr.  Stephen  Horsmer,  jun.  for  East  Haddam. 

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

This  day  being  appointed  by  the  royal  charter  and  the  laws 

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

corporation,  (yiz:^  Governor,   Deputy  Governor,  Assistants, 

Treasurer,   and  Secretary,  proclamation  was  made,  and  the 

freemen  proceeded  to  bring  in  their  votes  to  persons  appointed 

by  the   Governor,   Council   and  Representatives,   to   receive, 

sort  and  count  them  ;  which  persons   were,  Nathaniel  Stanly, 

Esqr,  Joseph   Whiting,  Esq^,  Timothy  Pierce,  Esq'',  Samuel 

Lynde,  Esq-",  William  Pitkin,  Esq-",  Thomas  Fitch,  Esq"-,  Eben- 


446  PUBLIC    RECORDS  [May, 

ezer  Silliman,  Esq'",  Jonathan  Trumble,  Esq"",  Mr.  Joseph 
Buckiuiihara,  Colo.  Tliomas  Welles,  Colo.  Benjamin  Hall,  Capt. 
John  Fowler,  Mr.  John  Richards,  Mr.  Joshua  Huntington, 
Colo.  Jonathan  Hoit,  Capt.  Samuel  Burr,  Capt.  Ebenezer 
Gray,  and  Capt.  John  Pitch.  And  the  freemen's  votes  being 
brought  in,  sorted  and  counted, 

The  Honourable  Jonathan  Law,  Esquire,  was  chosen  Gov- 
ernor of  this  Colony  for  the  year  ensuing  ;  and  the  Governor's 
oath,  and  the  oath  required  by  act  of  Parliament  relating  to 
trade  and  navigation,  were  administred  to  him  in  the  presence 
of  the  Assembly. 

The  Honourable  Roger  Wolcott,  Esquire,  was  chosen  Deputy 
Governor  of  this  Colony  for  the  year  ensuing,  and  the  Deputy 
Governor's  oath  was  administred  to  him  in  the  presence  of 
the  Assembly. 

James  Wadsworth,  Esq"",       William  Pitkin,  Esq"", 
Nathaniel  Stanly,  Esq"-,  Thomas  Fitch,  Esq^, 

Josepli  Whiting,  Esq"",  Roger  Newton,  Esq"", 

Ozias  Pitkin,  Esq"",  Ebenezer  Silliman,  Esq"", 

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

Samuel  Lynde,  Esq'",  Hezekiah  Huntington,  Esq'", 

were  chosen  Assistants  for  the  year  ensuing,  and  had  the  As- 
sistant's oatli,  provided  by  law,  administred  to  them  by  his 
Honour  the  Governor. 

George  Wyllys  was  chosen  Secretary  of  this  Colony  for  the 
year  ensuing,  and  had  the  Secretary's  oath,  provided  by  law, 
administred  to  him  by  his  Honour  the  Governor. 

[129]  This  Assembly  do  appoint  the  Honourable  Roger 
Wolcott,  Esq"",  to  be  Chief  Judge  of  the  Superior  Court  in  this 
Colony  the  year  ensuing. 

Tliis  Assembly  do  appoint  James  Wadsworth,  Esq'",  Josepli 
Whiting,  Esq^  William  Pitkin,  Esq'",  Elisha  Williams,  Esqi", 
to  be  Judges  of  the  Superior  Court  in  this  Colony  the  year 
ensuing. 

This  Assembly  do  appoint  W^illiam  Pitkin,  Esq^,  to  be  Judge 
of  the  County  Court  in  the  county  of  Hartford  the  year 
ensuing. 

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

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

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


1742.]  OP      CONNECTICUT.  447 

This  Assembly  do  appoint  Timothy  Pierce,  Esq!",  to  he  Judge 
of  the  County  Courts  in  the  county  of  Windham  the  year  en- 
suing. 

This  Assembly  do  appoint  Joseph  Buckingham,  Esq^,  to  l»e 
Judge  of  the  Court  of  Probate  in  the  district  of  Hartford  the 
year  ensuing. 

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

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

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

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

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

This  Assembly  do  appoint  Samuel  Hill,  Esqt",  to  be  Judge 
of  tlie  Court  of  Probate  in  the  district  of  Guilford  the  year 
ensuing. 

This  Assembly  do  appoint  Jonatlian  Hoit,  Esqr,  to  be  Judge 
of  the  Court  of  Probate  in  the  district  of  Standford  the  year 
ensuing. 

This  Assembly  do  appoint  Joseph  Minor,  Esq"",  to  be  Judge 
of  the  Court  of  Probate  in  the  district  of  Woodbury  tlie  year 
ensuing. 

This  Assembly  do  appoint  John  Marsh,  Thomas  Welles, 
John  Chester,  Henry  Allyn,  Esq'%  Justices  of  the  Peace  and 
Quorum  in  and  for  the  county  of  Hartford  the  year  ensuing. 

This  Assembly  do  appoint  John  Hooker,  Samuel  Mather, 
David  Goodrich,  Elisha  Williams,  Joseph  Buckingham,  John 
Bulkley,  Boger  Wolcott,  jun.,  Jabez  Hamlin,  Giles  Hall,  Joseph 
White,  William  Wadsworth,  Thomas  Hart,  Thomas  Hart, 
Jonathan  Hale,  Hezekiah  Brainerd,  Samuel  Olmstead,  Israel 
Newton,  Nathaniel  Foot,  John  Humphrey,  Benjamin  Skinner, 
Joseph  Phelps,  Samuel  Chapman,  Zebulon  West,  John  Bnel, 
David  Whitney,  Samuel  Lewiss,  Stephen  Horsmer,  jun.,  John 
Bissell, Thomas  Pitkin,  Joseph  Talcott,  George  Wyllys,  Joseph 
Bird,  Asahel  Strong,  Joseph  Wilcox,  2d,  Esq^s,  to  be  Justices  of 
the  Peace  in  and  for  the  county  of  Hartford  the  year  ensuing. 


448  PUBLIC-    RECORDS  [May, 

Tliis  Assembly -do  appoint  Samuel  Eells,  James  Hooker, 
Samuel  Bishop,  Andrew  Ward,  Theophilus  Yale,  John  Rus- 
sell, Samuel  Gun,  Samuel  Hall,  William  Gold,  Isaac  Dicker- 
man,  Timothy  Hopkins,  Thomas  Clark,  Roger  Brownson, 
[130]  II  Sanuiel  Bassett,  Samuel  Hopson,  Benjamin  Hand, 
Samuel  Canfield,  Nathaniel  Skinner,  Elihu  Chaimcey,  Elilm 
Hall,  Nath'  Bostwick,  John  Fowler,  Robert  Treat,  John  Hub- 
bard, Samuel  Hickcox,  Esq''%  to  be  Justices  of  the  Peace  in 
and  for  the  county  of  New  Haven  the  year  ensuinjr. 

This  Assembly  do  appoint  John  Riggs,  Samuel  Hill,  Benja. 
Hall,  and  John  "Southmaid,  Esqfs,  to  be  Justices  of  the  Peace 
and  Quorum  in  and  for  the  county  of  New  Haven  for  the  year 
ensuing. 

This  Assembly  do  appoint  Josliua  Hempstead,  John  Gris- 
would,  Christoplier  Avery,  Richard  Lord,  and  Isaac  Hunting- 
ton, Esqi'S  to  be  Justices  of  the  Peace  and  Quorum  in  and  for 
the  county  of  New  London  for  the  year  ensuing. 

Tliis  Assembly  do  appoint  Jeremiah  Miller,  John  Richards, 
Joshua  Raymond,  Gurdon  Saltonstall,  Daniel  Coit,Jabez  Hide, 
Joshua  Huntington,  Isaac  Tracey,  John  Cook,  Jedadiah  Tracey, 
Hezekiah  Park.  Theo))hilus  Baldwin,  Increase  Billings,  Joseph 
Palmer,  Joseph  Denison,  John  Whiting,  Simeon  Minor, 
Humphrey  Avery,  Luke  Perkins,  John  Ledyai-d,  Thomas  Lee, 
Daniel  Ely,  Samuel  Willard,  Joseph  Blague,  Nathaniel  Clark, 
Jedadiah  Chajjuian,  Abraham  Pierson,  John  Lane,  Esq^s,  to 
be  Justices  of  the  Peace  in  and  for  the  county  of  New  Lon- 
don for  the  year  ensuing. 

This  Assembly  do  appoint  Edmund  Lewiss,  Andrew  Burrf 
John  Thompson,  Jonathan  Hoit,  William  Preston,  Esq'"^,  to 
be  Justices  of  the  Peace  and  Quorum  in  and  for  the  county 
of  Fairfield  for  the  year  ensuing. 

This  Assembly  do  appoint  John  Burr,  Joseph  Piatt,  Joseph 
Minor,  John  Grigory,  Samuel  Hanford,  James  Bebee,  Sam- 
uel Hoit,  Jonathan  Maltbie,  Nathaniel  Peck,  Ebenezer  Mead, 
James  Benedict,  Thomas  Benedict,  James  Lockwood,  Benja- 
min Heacock,  Ebenezer  Smith,  Ephraim  Curtiss,  Theophilus 
Nickols,  Joseph  Blackleach,  Job  Sherman,  Thomas  Tousey, 
Noah  Hinman,  Samuel  Sherwood,  John  Read,  Ebenezer 
Stephens,  and  John  Betts,  Esqi's,  to  be  Justices  of  the  Peace  in 
and  for  the  county  of  Fairfield  the  year  ensuing. 

This  Assembly  do  appoint  Ebenezer  West,  Jonathan  Hunt- 
ington, and  Shubael  Conant,  Esq'%  to  be  Justices  of  the  Peace 
and  Quorum  in  and  for  the  county  of  Windham  the  year 
ensuing. 

This  xlssembly  do  appoint  Joseph  Strong,  Joseph  Leavinze, 


1742.]  OF      CONNECTICUT.  449 

John  Woodward,  Peter  Biiel,  Leicester  Grosvenour,  Joseph 
Cadey,  jun.,  Thomas  Storrs,  John  Crcrey,  Ebenezer  Wales, 
Joseph  Fowler,  Thomas  Tiffany,  Jacob  Dana,  Ebenezer  Gray, 
Nathaniel  Huntington,  John  Dyer,  Gershom  Clark,  Isaac  Ken- 
dal, Thomas  Stedman,  Esqf%  to  be  Justices  of  the  Peace  in 
and  for  the  county  of  Windham  the  year  ensuing. 

Ordered  by  this  Assembly^  That  Joseph  Whiting,  Esq"",  and 
Capt.  Jonathan  AUyn,  return  the  thanks  of  the  Assembly  to 
the  Reverend  Mr.  Isaac  Stiles,  for  his  sermon  delivered  before 
the  Assembly  on  the  13th  instant,  and  desire  a  copy  thereof, 
that  it  may  be  printed. 

This  Assembly  do  establish  and  confirm  Mr.  John  Lewis  to 
be  Ensign  of  the  2d  company  or  trainband  in  the  town  of 
Stratford,  and  order  that  lie  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathan  Ben- 
nett to  be  Lieutenant  of  the  third  company  or  trainband  in  the 
town  of  Stratford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Adams 
to  be  Ensign  of  the  3d  company  or  trainband  in  the  town  of 
Stratford,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly. do  establish  and  confirm  Mr.  Nathaniel 
Brown  to  be  Captain  of  the  3d  company  or  trainband  in  the 
town  of  Killingly,  and  order  that  he  be  commissioned  accord- 
ingly. 

[131]  This  Assembly  do  establish  and  confirm  Mr.  Henry 
Green  to  be  Lieutenant  of  the  3d  company  or  trainband  in  the 
town  of  Killingly,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas  Whit- 
more  to  be  Ensign  of  the  3d  company  or  trainband  in  the  town 
of  Killingly,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Benjamin 
Talcott  to  be  Lieutenant  of  the  company  or  trainband  in  the 
town  of  Bolton,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Ebenezer  Barns 
to  be  Captain  of  the  company  or  trainband  at  the  parish  of 
Southington  in  the  town  of  Farmington,  and  order  that  he  be 
commissioned  accordingly. 

57 


450  PUBLIC    RECOEDS  [May, 

This  Assembly  do  establish  and  confirm  Mr.  David  "Wood- 
ruff to  be  Ensign  of  the  company  or  trainband  in  the  parish 
of  Kensington  in  the  town  of  Farmingtown,  and  order  that  he 
be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Peter  Farnum 
to  be  Lieutenant  of  the  seventh  company  or  trainband  in  the 
seventh  regiment  in  this  Colony,  and  order  that  he  be  com- 
missioned accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  John  Fisk  to 
be  Quarter-Master  of  the  Troop  in  the  11th  regiment  in  this 
Colony,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Obadiah 
Wheeler  to  be  Captain  of  the  2d  company  or  trainband  in 
the  town  of  Newtown,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Glover  to 
be  Lieutenant  of  the  2d  company  or  trainband  in  the  town  of 
Newtown,  and  order  that  he  be  commissioned  accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  John  Taylor, 
jun.,  to  be  Ensign  of  the  1st  company  or  trainband  in  the 
town  of  Norwalk,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jonathan 
Belden  to  be  Captain  of  the  fi.rst  company  or  trainband  in  the 
town  of  Weathersfield  and  the  1st  company  in  the  6th  regi- 
ment, and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jonathan 
Robbins  to  be  Lieutenant  of  the  first  company  or  trainband 
in  the  town  of  Weathersfield  and  the  1st  company  in  the  6th 
regiment,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Ebenezer 
Belden  to  be  Ensign  of  the  first  company  or  trainband  in  the 
town  of  Weathersfield  and  the  1st  company  in  the  6th  regi- 
ment, and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Josiah  Bart- 
lett  to  be  Lieutenant  of  the  company  or  trainband  in  the  par- 


1742.]  OF      CONNECTICUT.  451 

isli  of  Goshen  in  the  town  of  Lebanon,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Caleb  Chappel 
to  be  Ensig-n  of  the  company  or  trainband  in  the  parish  of 
Goshen  in  the  town  of  Lebanon,  and  order  that  he  be  com- 
missioned accordingly. 

[132]  This  Assembly  do  establish  and  confirm  Mr.  Jasper 
Peck  to  be  Ensign  of  the  first  company  or  trainband  in  the 
town  of  Lyme,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Storrs 
to  be  Ensign  of  the  company  or  trainband  in  the  first  society 
in  the  town  of  Mansfield,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Barnes 
to  be  Captain  of  the  second  company  or  trainband  in  the  north 
parish  in  the  town  of  New  Haven,  and  order  that  he  be  com- 
missioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas  Good- 
year to  be  Lieutenant  of  the  second  company  or  trainband  in 
the  north  parish  of  the  town  of  New  Haven,  and  order  that  he 
be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Abraham  Bas- 
sett  to  be  Ensign  of  the  2d  company  or  trainband  in  the 
north  j)arish  in  the  town  of  New  Haven,  and  order  that  he 
be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Pier- 
pont  to  be  Ensign  of  the  1st  company  or  trainband  in  the 
north  parish  in  the  town  of  New  Haven,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Punder- 
son,  jun.,  to  be  Captain  of  the  first  company  or  trainband  in 
the  town  of  New  Haven,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Abraham 
Dickerman  to  be  Ensign  of  the  first  company  or  trainband  in 
the  town  of  New  Haven,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  David  Els- 
worth  to  be  Captain  of  the  second  company  or  trainband  in 


452  PUBLIC     RECORDS  [May, 

the  town  of  Windsor,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Holmes 
to  be  Lieutenant  of  the  south  part  of  the  second  company  or 
trainband  in  the  town  of  Stoningtown,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr,  William  Wil- 
liams to  be  Captain  of  the  second  company  or  trainband  in 
the  town  of  Mansfield,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas  Bald- 
win to  be  Lieutenant  of  the  second  company  or  trainband  in 
the  town  of  Mansfield,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Timothy  Dim- 
muck  to  be  Ensign  of  the  2d  company  or  trainband  in  the 
town  of  Mansfield,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Elnathan. 
Stephens  to  be  Captain  of  the  4th  company  or  trainband  in 
the  7th  regiment  in  this  Colony,  and  order  that  he  be  com- 
missioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Benjamin 
Merrels  to  be  Lieutenant  of  the  4th  company  or  trainband  in 
the  7th  regiment  in  this  Colony,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jacob  Hide  to 
be  Captain  of  the  7th  company  or  trainband  in  the  town  of 
Norwich,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Timothy  Ayers 
to  be  Lieutenant  of  the  7th  company  or  trainband  in  the 
town  of  Norwich,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Philmore 
to  be  Ensign  of  the  7th  company  or  trainband  in  the  town  of 
Norwich,  and  order  that  he  be  commissioned  accordingly. 

[133]  This  Assembly  do  establish  and  confirm  Mr.  Ezra 
Camp  to  be  Lieutenant  of  the  westermost  company  or  train- 
band in  the  town  of  Milford,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  'Mr.  Henry  Peck  to 
be  Ensign  of  the  westermost  company  or  trainband  in  the 
town  of  Milford,  and  order  that  he  be  commissioned  accord- 
ingly. 


1742.]  OP      CONNECTICUT.  453 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Case 
2d  to  be  Ensign  of  the  4th  company  or  trainband  in  the  town 
of  Symsbury,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Isaac  Owen  to 
be  Ensign  of  the  3d  company  or  trainband  in  the  town  of 
Symsbury,  and  order  that  he  be  commissioned  accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Wads- 
worth  to  be  Lieutenant  of  the  1st  company  or  trainband  in 
the  town  of  Farmingtown,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Hooker 
to  be  Ensign  of  the  first  company  or  trainband  in  the  town 
of  Farmingtown,  and  order  that  he  be  commissioned  accord- 
ingly. 

Resolved  hy  this  Assemhh/,  That  gold  equivalent  to  silver 
at  eight  shillings  per  ounce  troy  weight  sterling  alloy,  being 
five  pounds  seventeen  shillings  and  six  pence  per  ounce  troy 
weight,  it  shall  therefore  be  accordingly  received  and  accepted 
by  the  Treasurer  into  the  treasury  of  this  Colony,  in  all  pay- 
ments. 

Resolved  hy  this  Assembly^  That  it  is  necessary  tliat  the 
Treasurer  of  this  Colony  have  a  major  part  of  the  votes  sent 
to  the  Assembly  by  the  freemen  at  the  election,  in  order  to 
his  being  chosen  Treasurer  by  said  votes  ;  and  that  whensoever 
it  shall  so  happen,  that  any  officer  appointed  to  be  chosen  by 
the  freemen  is  not  chosen  by  the  major  part  of  the  votes 
brought  in  by  the  several  deputies  or  constables,  as  the  law 
directs,  the  Assembly  ought  to  proceed  to  the  choice  of  such 
officer,  as  an  Assembly. 

This  Assembly  do  appoint  Colo.  John  Whiting  to  be  Treas- 
urer of  this  Colony  the  year  ensuing  ;  who  had  the  treasur- 
er's oath,  prescribed  by  law,  administred  to  him  by  his  Hon- 
our the  Governor. 

This  Assembly  do  appoint  Jonathan  Trumble,  Hezekiah 
Huntington,  Esq^^,  Colo.  Thomas  Wells,  Mr.  Jonathan  Halo, 
Mr.  Robert  Treat,  Mr.  John  Richards,  Capt.  Samuel  Burr, 


454  PUBLIC    RECORDS  [May, 

and  Capt.  Elienezer  Gray,  to  be  Auditors,  to  audit  the  Colony 

accounts  with  the  Treasurer. 

An  Act    for   the    providing  a  Commission    and  Oatli 

for  the  Judges  of  the  Superior  Court,  and  Seals 
for  the  respective  Courts  in  this  Colony. 

Be  it  enacted  hy  the  GovKimor,  Council  and  Representatives, 
in  General  Court  assembled,  and  hj  the  authority  of  the  same, 
That,  for  the  future,  the  persons,  from  time  to  time  appointed 
by  tliis  Assembly  to  lie  Judges  of  the  superior  court  over  this 
Colony,  shall  be  constituted,  authorized  and  impowered  to 
perform  and  execute  tlieir  office  of  judges  of  said  court,  ac- 
cording to  the  laws  of  this  Colony,  by  a  commission  under  the 
seal  of  this  Colony,  signed  by  the  Governor  and  Secretary  of 
this  Colony  for  the  time  being  ;  which  commission  shall  be  a 
sufficient  warrant  and  authority  to  the  said  judges  to  perform 
and  execute  the  office  aforesaid. 

And  it  is  further  enacted  hy  the  authority  aforesaid,  That  the 
said  judges,  appointed  and  commissioned  as  aforesaid,  before 
they  actually  execute  tlieir  said  office,  shall  take  the  following 
oath,  (viz:') 

[134]     You being  appointed  judges  of  the  superior 

court  over  this  Colony  for  the  year  ensuing,  do  swear  by  the 
name  of  the  ever-living  God,  tliat  as  judges  of  the  said  court 
you  will  indifferently  minister  justice  to  all  men,  according 
to  law,  without  respect  of  persons,  take  no  bribe,  give  no 
counsel  in  any  matter  that  shall  come  before  you,  nor  deny 
right  to  any:  but  well  and  truly  perform  your  office  of  judges 
as  aforesaid,  according  to  your  best  skill  and  judgment:  So 
help  you  God. 

Which  oath  the  said  judges  shall  take  before  the  Governor 
of  this  Colony,  Deputy  Governor,  or  two  Assistants,  for  the 
time  being,  who  are  hereby  authorized  and  impowered  to  ad- 
minister the  same. 

Be  it  further  enacted  hy  the  authority  aforesaid,  That  the 
said  superior  court,  and  the  several  and  respective  county 
courts  and  courts  of  probate  in  this  Colony,  shall  have  a 
proper  seal  belonging  to  each  of  the  respective  courts,  to 
serve  and  use  for  all  causes,  matters,  things  and  affairs,  proper 
for  the  said  courts,  respectively ;  each  of  which  courts  are 
hereby  impowered  to  procure  their  respective  seals,  and  the 
same  being  so  procured  shall  be  lodged  with  the  clerks  of  the 
respective  courts,  for  the  use  of  such  courts,  to  be  improved 
by  their  direction. 

An  Act  for  regulating   Abuses  and  correcting  Disor- 
ders in  Ecclesiastical  Affairs. 

Whereas  this  Assembly  did,  by  their  act  made  in  the  seventh 
year  of  the  reign  of  her  late  Majesty  Queen  Anne,  establish 


1742.]  OF      CONNECTICUT.  455 

and  confirm  a  confession  of  faith,  and  an  agreement  for  ecclesi- 
astical discipline,  made  at  Saybrook,  anno  Dom.  1708,  by  the 
reverend  elders  and  the  messengers  delegated  by  the  churches 
in  this  Colony  for  that  purpose,  under  which  establishment 
his  Majesty's  subjects  inhabiting  in  this  Colony  have  enjoyed 
gveht  peace  and  quietness,  till  of  late  sundry  persons  have 
been  guilty  of  disorderly  and  irregular  practices :  whereupon 
this  Assembly,  in  October  last,  did  direct  to  the  calling  of  a 
general  consociation,  to  sit  at  Guilford  in  November  last, 
which  said  consociation  was  convened  accordingly  ;  at  which 
convention  it  was  endeavoured  to  prevent  the  growing  disor- 
ders amongst  the  ministers  that  have  been  ordained  or  li- 
cenced by  the  associations  in  this  government  to  preach,  and 
likewise  to  prevent  divisions  and  disorder  among  the  churches 
and  ecclesiastical  societies  settled  by  order  of  this  Assembly : 
Notwithstanding  which,  divers  of  the  ministers,  ordained  as 
aforesaid,  and  others  licenced  to  preach  by  some  of  the  asso- 
ciations allowed  by  law',  have  taken  upon  them,  without  any 
lawful  call,  to  go  into  parishes  immediately  under  the  care  of 
other  ministers,  and  there  to  preach  to  and  teach  the  people ; 
and  also  sundry  persons,  some  of  whom  are  very  illiterate, 
aiid  have  no  ecclesiastical  character  or  any  authority  whatso- 
ever to  preach  or  teach,  have  taken  upon  them  publickly  to 
teach  and  exhort  the  people  in  matters  of  religion,  both  as  to 
doctrine  and  practice ;  which  practices  have  a  tendency  to 
make  divisions  and  contentions  among  the  people  in  this  Col- 
ony, and  to  destroy  the  ecclesiastical  constitution  established 
by  the  laws  of  this  government,  and  likewise  to  hinder  the 
growth  and  increase  of  vital  piety  and  godliness  in  these 
churches,  and  also  to  introduce  unqualified  persons  into  the 
ministry,  and  more  especially  where  one  association  doth  in- 
termeddle with  the  affairs  that  by  the  platform  and  agreement 
abovesaid,  made  at  Saybrook  aforesaid,  are  properly  within 
the  province  and  jurisdiction  of  another  association,  as  to  the 
licencing  persons  to  preach,  and  ordaining  ministers  :  There- 
fore, 

1.  Be  it  enacted  hy  the  Grovernor^  Council  and  Representa- 
tives^ in  G-eneral  Court  assembled,  and  hy  the  authority  of  the 
same,  That  if  any  ordained  minister,  or  other  person  licenced 
as  aforesaid  to  preach,  shall  enter  into  any  parish  not  immedi- 
ately under  his  charge,  and  shall  there  preach  or  exhort  the 
people,  shall  be  denied  and  secluded  the  benefit  of  any  law  of 
[135]  this  Colony  made  for  the  support  and  encouragement  || 
of  the  gospel  ministry,  except  such  ordained  minister  or  li- 
cenced person  shall  be  expressly  invited  and  desired  so  to 
enter  into  such  other  parish  and  there  to  preach  and  exhort 


456  PUBLIC    RECORDS  [May, 

the  people,  either  by  the  settled  minister  and  the  major  part 
of  the  church  of  said  parish,  or,  in  case  there  be  no  settled 
minister,  then  by  the  church  or  society  within  such  parish. 

2.  A7id  it  is  further  enacled  hy  the  authority  aforesaid, 
That  if  any  association  of  ministers  shall  undertake  to  exam- 
ine or  licence  any  candidate  for  the  gospel  ministry,  or  assume 
to  themselves  the  decision  of  any  controversy,  or  as  an  asso- 
ciation to  counsel  and  advise  in  any  affair  that  by  the  platform 
or  agreement  abovementioned,  made  at  Saybrook  aforesaid,  is 
properly  within  the  province  and  jurisdiction  of  any  other  as- 
sociation, then  and  in  such  case,  every  member  that  shall  be 
present  in  such  association  so  licencing,  deciding  or  counsel- 
ling, shall  be,  each  and  every  of  them,  denied  and  secluded 
the  benefit  of  any  law  in  this  Colony  made  for  the  support 
and  encouragement  of  the  gospel  ministry. 

3.  And  it  is  further  enacted  hy  the  authority  aforesaid.  That 
if  any  minister  or  ministers,  contrary  to  the  true  intent  and 
meaning  of  this  act,  shall  presume  to  preach  in  any  parish 
not  under  his  immediate  care  and  charge,  the  minister  of  the 
parish  where  he  shall  so  offend,  or  the  civil  authority,  or  any 
two  of  the  committee  of  such  parish,  shall  give  information 
thereof  in  writing,  under  their  hands,  to  the  clerk  of  the  par- 
ish or  society  where  such  offending  minister  doth  belong, 
which  clerk  shall  receive  such  information,  and  lodge  and 
keep  the  same  on  file  in  his  office  ;  and  no  assistant  or  justice 
of  the  peace  in  this  Colony  shall  sign  any  warrant  for  the  col- 
lecting any  minister's  rate,  without  first  receiving  a  certificate 
from  the  clerk  of  the  society  or  parish  where  such  rate  is  to 
be  collected,  that  no  such  information  as  is  abovementioned 
hath  been  received  by  him  or  lodged  in  his  office. 

4.  And  it  is  further  enacted  hy  the  authority  aforesaid,  That 
if  any  person  whatsoever,  that  is  not  a  settled  and  ordained 
minister,  shall  go  into  any  parish  and  (without  the  express 
desire  and  invitation  of  the  settled  minister  of  such  parish 
(if  any  there  be)  and  the  major  part  of  the  church,  or  if  there 
be  no  such  settled  minister,  without  the  express  desire  of  the 
church  or  congregation  within  such  parish,)  publickly  preach 
and  exhort  the  people,  shall  for  every  such  offence,  upon  com- 
plaint made  thereof  to  any  assistant  or  justice  of  the  peace, 
be  bound  to  his  peaceable  and  good  behaviour  until  the  next 
county  court  in  that  county  where  tlie  offence  shall  be  com- 
mitted, by  said  assistant  or  justice  of  the  peace,  in  the  penal 
sum  of  one  hundred  pounds  lawful  money,  that  he  or  they 
will  not  again  offend  in  the  like  kind  ;  and  the  said  county 
court  may,  if  they  see  meet,  further  bind  the  person  or  per- 
sons offending  as  aforesaid  to  their  peaceable  and  good  be- 
haviour during  the  pleasure  of  said  court. 


1742.]  OF      CONNECTICUT.  457 

5.  And  it  is  further  enacted  hi/ the  authority/  aforesaid,  That 
if  any  foreigner,  or  stranger  that  is  not  an  inhabitant  within 
this  Colony,  inchidhig  as  well  such  persons  that  have  no  ec- 
clesiastical character  or  licence  to  preach  as  such  as  have  re- 
ceived ordination  or  licence  to  preach  by  any  association  or  pres- 
bytery, shall  presume  to  preach,  teach  or  publickly  to  exhort, 
in  any  town  or  society  within  this  Colony,  without  the  desire 
and  licence  of  the  settled  minister  and  the  major  part  of  the 
church  of  such  town  or  society,  or  at  the  call  and  desire  of 
the  church  and  inhabitants  of  such  town  or  society,  provided 
that  it  so  happen  that  there  is  no  settled  minister  there,  that 
every  such  preacher,  teacher  or  exhorter,  shall  be  sent  (as  a 
vagrant  person)  by  warrant  from  any  one  assistant  or  justice 
of  tiie  peace,  from  constable  to  constable,  out  of  the  bounds 
of  this  Colony. 

An  Act  for  ascertaining  and  regulating  the  Coins  and 

Currencies,  and  for  directing  Processes  and 

Judgments  in  tliis  Colony. 

Whereas  the  Governor  and  Company  of  this  Colony,  by  in- 
structions from  the  Lords  Justices  of  the  Regency,  given  at 
[136]  White  Hall  the  twenty-first  day  ||  of  August,  amw 
Dom.  1740,  were  informed,  that  it  was  his  Majesty's  royal  will 
and  pleasure,  and  were  thereby  strictly  required  and  com- 
manded to  take  the  most  efiectual  care  for  the  future,  that 
tlie  act  of  Parliament  passed  in  the  sixth  year  of  her  late 
Majesty  Queen  Anne,  entituled  An  Act  for  ascertaining  the 
rates  of  foreign  coins  in  her  Majesty's  plantations  in  America, 
should  be  punctually  and  bona  fide  observed  and  put  in  execu- 
tion, according  to  the  true  intent  and  meaning  thereof;  and  in 
compliance  therewith,  by  order  of  this  Assembly  at  their  ses- 
sions in  October,  anno  Dom.  1740,  the  said  act  of  Parliament 
with  the  said  instructions  are  printed,  and  have  been  pub- 
lished with  the  actsof  this  Assembly:  Notwithstanding  which, 
the  currencies  in  this  government  continue  very  unstable,  and 
thereby  many  difficulties  and  inconveniences  arise :  For  rem- 
edy whereof, 

Be  it  enacted  by  the  Governor,  Council  and  Representatives, 
in  General  Court  assembled,  and  by  the .  authority  of  the  same, 
That  coin'd  silver  of  sterling  alloy  shall  pass  current  in  this 
Colony  at  the  rate  of  six  shillings  and  eight  pence  per 
ounce  troy  weight,  in  all  business,  trade  and  dealings ;  and 
that  the  same  be,  and  shall,  be  accounted,  deemed  and  taken 
to  be,  lawful  money  of  and  in  this  Colony ;  and  that  all  silver 
coins  that  do  or  may  pass  current  in  this  Colony  shall  stand 
regulated  thereby,  and  be  taken  and  received  in  proportion  to 
their  fineness,  whether  of  the  same  or  of  a  baser  alloy  ;  and 
58 


458  PUBLIC     RECORDS  [May, 

that  such  Inlls  of  publick  credit  on  this  Colony  that  now  arc 
or  may  hereafter  be  emitted,  shall  also  be  rcguhited  in  their 
currency  by  the  said  standard,  according  to  their  current 
value,  to  be  by  this  Assembly  from  time  to  time  declared. 

And  he  it  further  enacted  by  the  authority  aforesaid^  That 
after  the  first  day  of  January  next,  all  bai'gains,  contracts, 
accounts  and  dealings  whatsoever,  (wliere  not  otherwise  spe- 
cially exprest,)  shall  be  taken,  deemed  and  understood,  to  be 
made,  contracted,  entered  and  reckoned,  in  money  at  the  value 
aforesaid,  and  shall  be  answered  and  discharged  by  the  pay- 
ment of  such  sum  or  sums  as  are  in  said  bargains,  contracts, 
accounts  and  dealings,  either  exprest  or  understood,  iu  the 
said  silver  coins  of  the  value  aforesaid,  at  the  rate  aforesaid, 
or  iu  bills  of  publick  credit  equivalent  thereto,  I'cgulated  and 
declared  as  aforesaid. 

Be  it  further  enacted  hy  the  author'ity  aforesaid,  That  all  pro- 
cesses and  suits  brought  for  the  recovery  of  any  debt  or  dam- 
age, after  the  said  first  of  Jaiuiary  next,  (suits  on  bonds  and 
penal  bills,  or  contracts  taken  for  other  specie  or  species  of 
coin  or  currencies  excepted,)  shall  be  brouglit  for  the  recovery 
of  lawful  money,  by  which  shall  be  understood  the  money 
aforesaid  of  the  value  aforesaid;  and  the  court  and  jury  in 
assessing  damage,  and  the  court  in  making  up  judgment  in 
such  cases,  shall  consider  the  value  of  the  currency  expressed 
or  understood  by  the  parties  contracting  or  dealing,  at  the 
time  of  doing  the  same,  and  find  and  give  the  same  value  in 
lawful  money  aforesaid. 

An  Act  for  the  more  speedy  doing  Justice  and  prevent- 
ing the  MultipUeity  of  Law-Suits. 

Be  it  enacted  by  the  Grovernor,  Council  and  Representatives, 
in  G-eneral  Court  assembled,  and  by  the  authority  of  the  same^ 
That  in  any  process  or  action  wherein  the  debt,  damage  or 
other  matter  in  demand,  doth  not  exceed  in  value  the  sum  of 
forty  shillings  coined  silver  sterling  alloy,  at  the  rate  of  six 
shiUings  and  eight  pence  per  ounce  troy  weight,  may  be  heard, 
tryed  and  determined  by  any  one  assistant  or  justice  of  the 
peace,  who  are  hereby  impowered  to  do  the  same  within  the 
limits  of  their  authority,  (except  only  where  title  of  land  is 
concerned.)  And  when  the  debt,  damage  or  other  matter  in 
demand,  doth  not  exceed  the  sum  of  twenty  shillings;  or  if 
it  be  due  by  bond,  bill  or  note  for  money  or  bills  of  publick 
credit  only,  avouched  by  two  witnesses,  and  doth  not  in  value 
[137]  exceed  the.  sum  of  forty  shillings  money  ||  of  the  value 
aforesaid,  no  appeal  shall  be  allowed  from  the  judgment 
given  thereon. 

Be  it  further  enacted  by  the  authority  aforesaid.  That  any  one 


1742.]  OF      CONNECTICUT.  459 

assistant  or  justice  of  the  peace  shall  have  full  power,  and 
they  are  hereby  authorized  and  impowered,  to  take  and  accept 
a  confession  and  acknowledgment  of  any  debt  from  a  debtor 
to  his  creditor,  either  upon  or  without  an  antecedent  process, 
as  the  parties  shall  agree ;  wliich  confession  shall  be  made  only 
by  the  person  of  tlie  debtor  himself;  and  on  such  confession, 
so  made,  the  assistant  or  justice  shall  make  a  record  thereof, 
and  thereon  grant  out  execution  in  due  form  of  law;  and  if 
it  so  happen  that  such  executions  shall  be  levyed  on  the  lands 
of  any  sucli  person  confessing  as  aforesaid,  according  to  the 
laws  directing  the  levying  executions  on  lands,  shall  be  re- 
turned to  and  recorded  in  the  office  of  the  clerk  of  the  county 
court  in  the  same  county  where  sucli  land  lyeth,  and  b(iing 
so  done  and  recorded  shall  be  good  evidence  of  a  title  to  such 
creditor  or  creditors  for  whom  it  shall  be  taken  as  aforesaid, 
their  heirs  and  assigiis.  Provided,  no  confession  shall  be 
made  or  taken  in  the  manner  aforesaid  for  more  than  the  value 
of  twenty  pounds  in  money,  as  aforesaid. 

And  be  it  further  enacted  hy  tUe  authority  aforesaid^  That 
when  any  action  wherein  the  title  of  land  is  not  concerned,  is 
brought  to  any  of  the  county  courts  in  *this  Colony,  wherein 
the  debt,  damage  or  other  matter  in  demand,  doth  not  exceed 
the  value  of  ten  pounds  money  of  the  value  aforesaid,  and 
judgment  thereon  shall  be  given,  no  appeal  from  such  judg- 
ment shall  be  allowed. 

Ayid  it  is  further  enacted  hy  the  authority  aforesaid^  That  no 
sheriff,  under-sherilf,  sheriff's  deputy,  or  constable,  shall  be 
allowed  to  draw  or  fill  up  any  writ,  process  or  declaration,  in 
any  case  whatsoever,  nor  appear  in  any  court  as  an  attorney 
for  and  in  the  behalf  of  any  other  person  or  persons  whatso- 
ever. And  if  it  shall  appear  in  any  case,  that  the  writ,  pro- 
cess or  declaration  was  drawn  or  filled  up  by  any  sheriff,  un- 
der-sheriff, deputy  or  constable,  (their  own  cases  only  except- 
ed,) the  same  shall  abate  and  be  dismissed ;  any  law,  usage  or 
custom  to  the  contrary  in  anywise  notwithstanding. 

Provided,  That  this  act  do  not  take  place  until  the  first  day 
of  July  next. 

An  Act  to  enlarge  the  Bounds  of  the  District  for  hold- 
ing a  Court  of  Probate,  called  the  District 
of  East  Haddam. 
Be  it  enacted  hy  the  Grovernor,  Council  and  Representatives, 
in  General   Court  assembled,  and  by  the  authority  of  the  same, 
That  all  the  lands  in  the  town  of  Midletown  that  lye  on  the 
south  side  of  the  river  called  Salmon  River  shall  be,  and  they 
are  hereby,  annexed  to  the  aforesaid  district  of  East  Haddam. 


460  PUBLIC    RECORDS  [May, 

An  Act  stating  the  Fare  of  the  Ferry  over  the  East 
River  in  New  Haven. 
Be  it  enacted  hy  the  Governor^  Council  and  Representatives , 
in  General  Court  assembled^  and  hy  the  authority  of  the  sayne. 
That  the  fare  of  the  ferry  over  the  east  river  in  New  Haven, 
for  the  future,  shall  be  two  pence  for  each  person,  horse  and 
load,  one  penny  for  each  single  person  or  horse,  one  penny 
half-penny  for  each  ox  or  cow  or  other  neat  cattle,  one  half- 
penny for  sheep  or  swine  per  head,  in  new  tenour  bills  or  an 
equivalent  thereto  in  old  tenour  bills,  and  no  more;  any  law, 
usage  or  custom  to  the  contrary  notwithstanding.  And  if  any 
ferryman  of  said  ferry  shall  presume  to  take  any  more,  he 
shall  suffer  the  penalties  of  the  law  in  such  case  provided. 
Nothing  herein  to  be  extended  to  those  exempted  by  law  from 
paying  ferriage,  nor  to  the  inhabitants  of  the  town  of  New 
Haven. 

An  Act  for  advancing  and  determining  the  Fare  of  the 
Ferry  at  Saybrook,  called  Saybrook  Ferry. 
Be  it  enacted  hy  the  Governor,  Council  and  Representatives , 
in  General  Court  assembled,  and  by  the  authority  of  the  same, 
[138]  That  for  the  future  ||  the  fare  of  said  ferry  shall  be,  for 
man,  horse  and  load,  onie  shilling,  and  for  a  single  horse,  nine 
pence,  and  for  a  single  man,  six  pence;  and  that  during  the 
months  of  November,  December,  January,  February  and 
March,  the  fare  of  said  ferry  shall  be,  for  man,  horse  and  load, 
one  shilling  and  six  pence,  and  for  a  single  horse,  one  shilling, 
and  for  a  single  man,  nine  pence,  and  no  more,  in  bills  of  the 
old  tenour ;  provided  the  ferryman  at  said  ferry  for  the  time 
being  shall,  at  some  convenient  place  on  the  west  side  of  said 
ferry,  keep  and  maintain  in  good  and  sufficient  repair  a  wharf 
for  the  good  accommodation  of  travellers  over  said  ferry ;  any 
law,  usage  or  custom  to  the  contrary  notwithstanding. 

An  Act  for  appointing  the  Brand   for  Horses  in  the 
Town  of  Torrington. 
It  is  ordered  and  enacted  by  this  Court,  That  the  brand  for 
horses  in  the  town  of  Torrington  shall  be  the  following  figure, 
iviz:)  ^. 

Whereas  his  Honour  the  Governor  has  laid  before  this  As- 
sembly a  letter  from  Geneial  Wentworth  and  instructions  to 
Capt.  Prescott  from  said  General  Wentworth,  referred  to  in 
said  letter,  both  dated  Kingston,  Jamaica,  2d  February,  atmo 
Bom.  1741-2,  respecting  the  levying  of  souldiers  for  the  re- 
cruiting his  Majesty's  forces  under  the  said  general's  com- 
mand: On  consideration  of  which. 

Resolved  hy  this  Assembly,  That  Capt.  Prescott  have  full  lib- 
erty, and  the  same  is  hereby  given  him,  to  inlist  such  able- 
bodied  men  as  shall  voluntarily  offer  themselves  to  inlist  for 


1742.]  OP      CONNECTICUT.  461 

the  purpose  aforesaid  in  this  Colony,  agreeable  to  the  instruc- 
tions aforesaid.  And,  the  better  to  enable  the  said  Captain 
Prescott  to  begin  and  carry  on  his  levying  recruits  in  this  Col- 
ony, this  Assembly  do  hereby  grant  to  his  Honour  the  Gov- 
ernor liberty  to  draw  so  much  money  out  of  the  publick 
treasury  as  may  be  sufficient  to  make  the  sum  of  four  pounds 
sterling  for  each  souldier  that  the  said  Capt.  Prescott  shall  in- 
list  as  aforesaid.  And  his  Honour  the  Governor  is  desired  to 
give  the  said  Capt.  Prescott  credit  such  sum  or  sums  of  money 
as  his  Honour  shall  judge  necessary,  not  exceeding  thirty 
pounds,  to  enal)le  the  said  Capt.  Prescott  to  begin  the  said  re- 
cruits; wliich  sum  or  sums  shall  be  accounted  part  of  the  said 
four  pounds  sterling,  and  deducted  on  account.  And  the  Gov- 
ernor and  Council  are  desired  and  impowered,  to  make  the 
necessary  provision  and  give  the  necessary  orders  for  the  trans- 
portation of  such  souldiers  so  inlisted,  at  the  charge  of  tliis 
government,  from  their  embarkation  until  their  arrival  at 
Kingston,  in  order  to  their  joyning  the  army,  wherever  they 
shall  be,  under  the  command  of  the  said  General  Wentworth; 
provided  they  do  not  provide  for  the  transportation  of  more 
than  two  hundved,  nor  less  .than  fifty  inlisted  souldiers.  And 
his  Honour  the  Governor  is  desired  to  draw  on  the  Right  Hon- 
ourable Henry  Pelham,  Esq'",  Pay-Master-General  of  his  Maj- 
esty's forces,  for  the  payment  of  such  sums  as  he  shall  advance 
to  the  said  Capt.  Prescott,  as  abovesaid,  and  also  issue  forth 
a  proclamation,  to  acquaint  his  Majesty's  subjects  in  this  Col- 
ony of  the  encouragements  given  to  such  as  shall  inlist  for  the 
purpose  aforesaid. 

Whereas  there  hath  been  laid  before  this  Assembly  a  letter 
from  General  Wentworth,  and  instruction's  to  Capt.  Pres- 
cott, dated  at  Jamaica,  February  2d,  1741-2,  respecting  the 
levying  souldiers  for  recruiting  his  Majesty's  forces  in  the  West 
Indies,  and  accordingly  liberty  hath  been  granted  to  the  said 
Capt.  Prescott,  to  enlist  souldiers  in  this  Colony,  &c. :  And 
that  suitable  provision  may  be  made  for  the  transportation  and 
support  of  such  souldiers  as  shall  be  raised  according  to  the 
act  of  this  Assembly  : 

Resolved  hy  this  Assembly,  That  his  Honour  the  Governor 
and  Council  be  impowered,  and  they  are  hereby  desired  and 
impowered,  to  make  the  necessary  provision  and  give  the 
[189]  necessary  orders  for  the  transportation  ||  and  support 
of  such  souldiers  after  their  embarkation  till  their  arrival  at 
the  island  of  Jamaica. 

Whereas  by  order  of  the  General  Assembly,  holden  at  New 
Haven  in  October  last,  the  Colony  sloop,  called  the  Defence^ 


462  PUBLIC    RECORDS  [May, 

was  to  be  laid  up  in  the  harbour  of  New  London,  and  there  to 
remain  under  the  care  of  Colo.  Gurdon  Saltonstall,  un- 
til this  Assem1)ly  or  his  Honour  the  Governor  and  his  Coun- 
cil sliould  order  otherwise :  Resolved  by  this  Assembly, 
that  his  Hoi\our  the  Governor  and  Council  be  desired,  with  all 
possible  expedition,  to  cause  the  said  sloop  to  be  refitted,  and 
manned  with  so  many  officers  and  able-bodied  men  as  may 
be  judged  necessary,  for  the  safety  and  defence  of  our  sea- 
coasts  ;  and  that  the  said  sloop,  when  sufficiently  equipped, 
may  be  ordered  to  cruise  from  the  capes  of  Virginia  to  Cape 
Cod,  or  elsewhere,  for  a  short  space  of  time,  as  may  be  thought 
proper. 

This  Assembly  do  hereby  nominate,  constitute,  authorize 
and  appoint,  the  Honourable  Roger  Wolcott,  Esq^,  James 
Wadsworth,  Thomas  Fitch,  John  Bulkley,  Joseph  Fowler, 
Esqrs,  or  any  three  of  them,  Agents  of  the  Governor  and 
Company  of  the  English  Colony  of  Connecticut  in  New  Eng- 
land in  America,  and  in  their  name  and  behalf  to  appear  be- 
fore any  court  or  courts,  or  before  any  judge  or  judges,  min- 
ister or  ministers  of  the  law,  and  them,  the  constituants,  to 
represent,  and  in  their  riame  and  behalf  to  answer,  plead,  im- 
plead, prosecute,  defend  and  appeal,  in  any  suit,  cause,  quar- 
rel, matter,  action  and  thing  whatsoever,  wherein  the  Gov- 
ernor and  Company  aforesaid  are  or  may  be  concerned,  and 
an  attorney  or  attorneys  under  them  to  make,  substitute  and 
improve,  for  the  purpose  aforesaid.  And,  that  the  said  agents 
may  have  a  more  ample  evidence  of  their  appointment,  this 
Assembly  desire  and  impower  his  Honour  the  Governor  of 
this  Colony,  in  the  name  of  the  Governor  and  Company 
aforesaid,  under  the  publick  seal  of  this  Colony,  to  grant 
unto  the  said  agents  a  publick  instrument  of  procuration  ac- 
cordingly. 

This  Assembly,  being  informed  that  his  Majesty  has  or- 
dered a  commission  for  the  review  of  the  matters  contained  in 
a  judgment  formerly  given  on  the  complaint  of  Owaneco,  re- 
specting lauds  claimed  by  the  sachem  of  the  Mohegan  Indi- 
ans, and  not  knowing  how  soon  the  Governor  and  Company 
of  this  Colony  may  be  cited  by  the  Commissioners  to  answer 
in  said  matter,  do  resolve  and  order,  that  the  agents  by  this 
Court  appointed  to  defend,  do  make  all  necessary  provision 
and  preparation,  accordiug  to  their  best  discretion,  for  our 
defence  in  that  affair ;  and  that  they  apply  to  and  improve 
some  one  or  more  gentlemen  of  the  law,  if  attainable,  of 
good  repute,  in  any  of  the  neighbouring  governments,  to  assist 
them  in  that  affair.  xVnd  tlie  said  agents  are  hereby  impow- 
ered  to  draw,  l)y  their  proper  orders  on  the  Treasurer  of  this 


1742.]  OF      CONNECTICUT.  463 

Colony,  such  sum  or  suras  of  money  as  they  sliall  lias'e  occa- 
sion for  in  the  premises,  and  to  hiy  tlicir  account  tliereof,  as 
soon  as  may  be,  before  this  Assembly. 

Whereas  Mr.  Thomas  Tousey  liath  shewed  to  this  Assem- 
bly that  lie  is  under  a  necessity  to  take  a  voyage  ro  Great 
Britain,  on  a  suit  brought  against  him  by  Mr.  Samuel  Clark 
of  Milford,  as  heir  at  law,  to  recover  an  estate  in  lands  Irom 
the  said  Mr.  Tousey,  that  has  been  settled  u{)on  Jiim  according 
to  the  ancient  laws  and  customs  of  this  Colony  ;  and  shewing 
that  it  is  difficult  for  him  at  tliis  time  to  advance  money  suf- 
ficient for  that  purpose,  and  praying  lielp  from  this  Assembly: 
This  Assembly  considering  that  ahnost  all  the  inheritances 
in  this  Colony  are  depending  upon  the  settlement  of  intestate 
estates  according  to  our  ancient  laws  and  customs,  which  if 
they  should  be  over-ruled  and  made  void  would  reduce  the  in- 
habitants to  the  utmost  ruin  and  confusion,  an^^d  that  in  this 
new  country  it  is  necessary,  for  the  subduing  and  peopling 
the  same,  the  estates  shall  be  allowed  to  descend  to  and  be 
divided  among  the  co-heirs  :  It  is  therefore  ordered  and  re- 
solved, that  the  said  Mr.  Thomas  Tousey  draw  the  sum  of 
five  hundred  pounds,  in  bills  of  the  new  tenour,  out  of  the 
[140]  treasury  of  this  Colony,  to  enable  him  to  ||  del'end  in 
said  suit;  always  provided,  the  said  Tousey  shall  deliver 
to  Nathaniel  Stanly,  and  John  Marsh,  Esq^^  who  are  hereby 
in  the  name  of  this  government  appointed  to  receive  the  same, 
sufficient  security,  either  in  lands  or  bonds  with  surety,  for 
the  repayment  of  the  said  sum  into  the  publick  treasury 
within  the  space  of  four  years  from  the  rising  of  this  Assem- 
bly ;  and  thereupon  the  said  committee  are  ordered  to  put 
fortli  their  orders  to  the  Treasurer  to  deliver  said  sum  to  the 
said  Tousey.  Always  provided,  that  the  aforesaid  committee 
make  provision  for  the  repayment  of  said  sum  into  the  pub- 
lick  treasury,  with  the  lawful  interest,  at  the  expiration  of 
two  years,  if  not  improved  for  the  purposes  aforesaid. 

Whereas  it  is  represented  to  this  Assembly,  that  some  of 
the  lands  mortgaged  to  the  Governor  and  Company  of  this 
Colony,  pursuant  to  the  act  of  this  Assembly  passed  in  May, 
anno  I)om.  1733,  entituled  An  Act  for  the  loan  of  bills  of  cred- 
it, redeemable  at  or  before  the  first  day  of  this  instant  May, 
are  not  yet  redeemed  ;  and  that  some  of  the  mortgagers  now 
stand  ready  to  pay  into  the  treasury  the  respective  sums  in 
the  condition  of  their  mortgage  deeds  mentioned,  and  cannot 
obtain  a  release  of  the  said  lands  : 

Be  it  enacted  by  the  Governor,  Council  and  Rei^resentativcs, 
'in  G-eneral  Court  assembled,  and  by  the  authority  of  the  same, 
That  Nathaniel  Stanly ,  Esq"",  and  the  Secretary  of  this  Colony  be, 


464  PUBLIC    RECORDS  [May, 

and  they  are  hereby,  authorized  and  impowered  to  make  and 
execute,  in  the  name  of  the  Governor  and  Company  aforesaid, 
proper  releases  of  sucli  landsto  such  mortgap;ers  as  have  paid  or 
shall  pay  into  the  publick  treasury  of  this  Colony  the  sums  men- 
tioned in  the  condition  of  their  mortgage  deeds  since  the  first 
day  of  May  instant,  and  to  all  such  as  shall  pay  in  the  same  with 
the  interest  thereof  from  the  said  first  of  May,  before  the 
entry  thereon,  or  final  judgment  be  obtained  therefor,  as  fully 
as  the  Governor  and  Secretary  were  impowered  to  make  such 
releases  before  the  said  fii-st  of  jMay,  by  virtue  of  said  act. 

Aiid  it  is  further  enacted,  That  all  such  releases  as  have 
been  made  by  Nathaniel  Stanly,  Esq"",  and  the  Secretary  of 
this  Colony,  to  any  such  mortgagers,  since  tlie  first  day  of 
May  instant,  shall  be  good  and  valid.  And  the  Secretary  is 
directed  to  prepare  and  lay  before  this  Assembly,  at  their  ses- 
sions in  October  next,  an  account  of  such  mortgages  as  shall 
not  be  paid  and  redeemed  as  aforesaid  at  or  before  said  ses- 
sions. And  the  Treasurer  of  this  Colony  is  hereby  author- 
ized and  impowered,  by  himself  or  sqme  person  or  persons 
by  him  substituted,  (whom  he  is  liereby  fully  authorized  and 
impowered  to  substitute),  in  the  name  of  the  Governor  and 
Company  aforesaid,  to  take  and  receive  possession  of  all  such 
lands  as  the  mortgagers  thereof  shall  offer  to  deliver  into  the 
seizin  and  possession  of  the  said  Governor  and  Company  ;  and 
also  to  sue  for  the  surrendry  of  such  lands  as  the  mortgagers 
thereof  shall  not  redeem,  by  paying  principal  and  interest 
thereof  at  or  before  the  said  session,  and  to  proceed  thereon 
to  final  judgment  and  execution  thereon,  taking  such  direct- 
tions  as  may  or  shall  be  given  him  by  this  Assembly  at  their 
sessions  aforesaid. 

An  Act  ordering  the  Discharge  of  such  Persons  as 
bring  in  tlie  Loan  Money  received  of  this  Govern- 
ment of  the  last  Emission,  and  directing  how  such 
Money  may  go  fortli  again  out  of  the  Colony  Treas- 
ury. 

Be  it  enacted  hy  the  Grovernor,  Council  and  Representatives, 
in  Greneral  Court  assembled,  and  hy  the  authority  of  the  same. 
That  any  person  or  persons  that  have  taken  any  of  the  bills  of 
credit  of  the  last  emission,  on  loan,  shall,  upon  their  being  at 
the  cost  thereof,  paying  the  principal  and  interest  into  the 
treasury,  be  discharged  from  their  bonds  or  mortgages  by 
the  committee  hereafter  appointed,  upon  such  borrowers  pro- 
ducing a  receipt  from  tlie  Treasurer  that  the  sum  borrowed 
with  the  interest  is  paid,  and  the  bonds  given  for  interest 
[141]  shall  be  delivered  up  ||  to  the  borrowers ;  and  what 
money  shall  be  brought  in  to  said  treasury,  before  the  time  the 
bonds  and  mortgages  are  expired,  the  respective  committees 


1742.]  OP      CONNECTICUT.  465 

in  the  several  counties,  already  appointed,  shall  let  the  same 
out  again  to  the  end  of  the  term,  and  not  longer,  to  some 
person  of  the  same  town  that  brought  in,  if  any  appear  to 
take  the  same,  if  not,  to  any  other  person  of  any  town  in  said 
county,  taking  the  same  security  as  was  provided  in  the  act 
for  loaning  out  the  same.  And  that  Nathaniel  Stanly,  Esq"", 
with  the  Secretary  of  this  Colony,  are  herel)y  impowered  to 
discharge  said  mortgages  and  bonds. 

Tliis  Assembly  grants  unto  Daniel  Hall,  of  Norwich  in  the 
county  of  New  London,  tlie  privilege  of  having  and  keeping 
a  ferry  over  the  river  against  said  Hall's  dwelling  house  in 
said  Norwich.  The  ferry-boat  to  put  off  from  said  Hall's 
wharf  and  land  on  the  other  side  of  said  river,  at  the  town's 
landing  place  in  said  Norwich,  The  fare  of  said  ferry  to  be. 
three  pence  for  man  and  horse,  two  pence  for  one  single  man 
or  woman  ;  when  more,  one  [)enny  for  each  person ;  to  be  paid 
in  new  tenour  bills  or  equivalent  in  the  old  tenour.  The 
above  privilege  is  granted  for  the  space  of  ten  years  to  come 
without  molestation,  namely  upon  this  condition,  that  the  said 
Hall  provide  a  good  pent-way,  with  gates,  thr6  his  own  land 
and  Capt.  John  Leffingwell's,  to  come  into  New  London  road 
near  said  Leffingwell's  house  ;  and  also  provide  a  good  ferry 
boat ;  all  to  be  at  said  Hall's  cost. 

Be  it  enacted  hy  the  Grovernor,  Council  and  Representatives ^ 
in  General  Court  assembled,  and  hy  the  authority  of  the  same, 
That  the  Honb'e  Roger  Wolcott,  Esq"-,  Thomas  Fitch  and  Jona- 
than Trumble,  Esq""**,  be  a  committee  with  full  power  to  in- 
spect the  laws  made  and  passed  by  this  Assembly,  and  the 
same  to  revise  and  put  into  a  form  fit  for  the  press  ;  in  which 
work  said  committee  shall  make  no  alteration  in  those  laws 
and  acts  that  relate  to  the  freeholds  of  his  Majesty's  subjects 
of  this  Colony,  but  tlie  same  shall  remain  as  heretofore :  but 
those  acts  and  laws  that  relate  only  to  manner  or  method  of 
proceeding  in  civil  ,dses,  or  criminal  matters,  or  other  things 
that  relate  to  th .  government  of  his  Majesty's  subjects  here, 
and  are  provided  for.  by  later  acts,  which  have  superseded, 
the  more  ancient  ones  are  to  be  omitted  and  not  put  into  the 
laws  to  be  revised  as  aforesaid.  And  the  said  committee  shall 
lay  their  doings  before  this  Assembly  in  October  next. 

Resolved  hy  this  Assemhly,  That  Nathaniel  Stanly,  Esq  , 
and  Mr.  Joseph  Buckingham,  be  a  committee  to  examine  the 
receipts  which  are  or  shall  be  offered  to  tlic  Secretary  under 
the  hands  of  the  committees  of  the  towns  and  parishes  within 
this  Colony,  of  the  money  and  bonds  divided  for  the  use  of  the 
59 


466  PUBLIC     RECORDS  [May. 

schools  in  the  respective  towns  and  pal■is^lles  on  wliose  liehalf 
such  committees  received  the  same  ;  and  npon  finding  such 
receipts  to  answer  the  intent  of  the  act  of  this  Asseml)ly  re- 
latinw  to  the  dividing  the  said  money  and  bonds,  and  signify- 
ing tlieir  approbation  thereof,  the  Secretary  is  hereby  directed 
to  record  the  same  ;  which  receipts,  so  approved  and  recorded, 
shall  be  a  sufficient  discharge  of  those  persons  who  gave  their 
receipts  to  the  committee  last  October,  impowered  by  the 
General  Assembly  to  distvibute  the  money  and  bonds  arising 
upon  the  sale  of  the  western  townships,  so  far  as  they  sliall 
amounjt  towards  the  sum  total  of  such  receipts  whereto  they 
have  relation. 

Whereas  by  an  act  of  this  Assembly,  entituled  An  Act  for 
the  making  and  emitting  bills  of  publick  credit,  made  in  xMay, 
1740,  the  bonds  which  were  to  be  taken  by  the  respective  com- 
mittees for  tbe  principal  and  interest  of  the  bills  of  credit 
therein  ordered  to  be  loaned  out,  were  by  said  act  directed 
and  ordered  to  be  lodged  with  the  Secretary  of  this  Colony  : 
Ordered  by  this  Assembly,  that  the  Secretary  from  time  to 
time,  as  the  said  bonds  so  lodged  with  him  become  payaldc, 
shall  deliver  them  into  the  hands  of  the  Treasurer,  taking  his 
receipt  therefor. 

[142]  Whereas  by  a  special  act  of  this  Assembly,  in  their 
sessions  in  May,  173.2,  it  was  resolved,  that  the  inliabitants 
tliat  then  lived  or  thereafter  should  live  within  a  certain  tract 
of  land  in  Farmingtown  bounded  and  described  as  in  tlie  said 
act,  (excepting  what  is  since  annexed  to  the  parish  of  Winton- 
berry.)  together  with  a  particular  parcel  of  land  therein  lying, 
belonging  to  any  inhabitants  of  Hartford,  should  be  assessed 
to  the  support  of  the  gospel  ministry  in  the  west  parish  of 
Hartford,  and  be  discharged  from  paying  any  taxes  for  tlie 
support  of  the  gospel  ministry  in  Farmingtown :  and  the  said 
parisli  being  about  to  build  a  new  meeting  house  there,  and 
tliat  the  said  inhabitants  of  said  lands  may  be  taxed  and  rated 
for  the  building  said  meeting  house,  and  freed  from  such 
charge  at  any  time  in  the  town  of  Farmingtown :  Therefore 
it  is  resolved  by  this  Assembly,  that  the  said  inhabitants  be 
assessed  to  the  building  a  meeting  house  within  the  said  west 
parisli  of  Hartford,  as  well  as  to  the  support  of  a  minister 
there,  and  be  accordingly  discharged  therefrom  at  Farming- 
town. 


1742.]  OF      CONNECTICUT.  467 

The  Additions  to   the  Lists  of  Estate   of  the   several 

ToNA^iis  in  this  Government  hereafter  nnentioned 

sent  in  to  this  Assennoly,  are  as  folio v;^,  (viz.) 

Fourfold  assessments. 


Single  additions. 

I.      s. 

d. 

To  Hartford, 

1459     0 

6 

To  Greenwich, 

1723  18 

3 

To  East  Had  dam, 

22     0 

0 

To  Weathersfield, 

,    307  19 

6 

To  Norwich, 

281     8 

6 

Overcharged  in  the  sum 

total 

last  the  sum 

of  £813  Is.  M. 

To  Stonington, 

193     5 

0 

To  Killingworth, 

152  12 

0 

To  Pomfrett, 

68     0 

0 

To  Woodberry, 

719  17 

0 

To  Waterbury, 

387  10 

0 

To  Groton, 

201  17 

6 

To  Danbury, 

181     5 

0 

To  Walhngford, 

434     0 

0 

To  New  Haven, 

1709  17 

0 

To  Windham, 

2057  13 

0 

To  Windsor, 

636     2 

0 

To  Lebanon, 

645  17 

0 

To  Saybrook, 

250  12 

0 

To  Nor  walk, 

2089     3 

3 

To  Lyme, 

827     9 

0 

To  Farmington, 

759  15 

0 

To  Coventry, 

409  16 

0 

To  Haddam, 

m   1 

0 

To  Preston, 

600  15 

6 

To  Brandford, 

260  13 

6 

To  Fairfield, 

597  11 

0 

To  Midletown, 

To  Killingly, 

574     0 

0 

To  Hebron, 

433     4 

0 

To  Stand  ford, 

210     9 

0 

To  Guilford, 

621  16 

0 

To  Mansfield, 

976  17 

0 

I.      s. 
735     0 

d. 
0 

140     0 

19     0 

1780  11 

0 
0 
0 

sum  total  of  the  grand  list  in  October 

646  2  0 
111  0  0 
133  12     0 


443 
754 

0 
4 

0 
0 

464 
.152 

36 

6 
0 
0 

0 
0 
0 

214     0     0 


-    1950  15     0 


272     8     0 


This  Assembly,  being  informed  that  there  is  a  tract  of  land 
not  disposed  of  by  this  Court,  situate  between  the  north  bounds 
of  Wallingford  and  south  bounds  of  Farmington,  and  bounded 
on  the  east  with  Midletown  west  line  as  lately  established, 
and  bounded  on  the  west  with  the  lands  sold  and  disposed  of 
by  this  Court  to  particular  persons,  do  now  appoint  Ebenezer 
Silliman  and  Andrew  Burr,  Esq''^,  and  Col.  Joseph  Pitkin,  to 
be  a  committee,  at  the  charge  of  this  Colony,  to  make  enquiry 


468  PUBLIC      RECORDS  [Maj, 

thereinto,  and  make  report  of  what  they  find,  together  with 
the  circumstances  thereof,  to  this  Conrt  in  October  next. 

[143]  This  Assembly  do  appoint  Elihu  Chauncey,  Esq^  to 
be  Major  of  the  tenth  regiment  in  this  Colony,  and  order  that 
he  be  commissioned  accordingly. 

Whereas  this  Assembly  in  October  last  did  direct  to  a  gen- 
eral consociation  at  Guilford,  and  it  was  then  determined  that 
the  charge  thereof  at  said  Guilford  should  be  defrayed  out  of 
the  publick  treasury,  and  thereupon  did  direct  Colo.  Samuel 
Hill  to  take  care  of  that  affair  and  lay  the  account  thereof  be- 
fore this  Assembly,  which  he  hath  now  done,  and  the  same 
amounts  to  £32  lis.  Sd. :  Whereupon  it  is  resolved,  that  the 
Colony  Treasurer  shall  deliver  unto  the  said  Colo.  Hill  the 
sum  of  £32  lis.  M.  in  bills  of  the  old  tenour,  and  the  same 
shall  be  improved  to  answer  the  said  charge. 

Ordered  hy  this  Assembly ,  That  the  Treasurer  of  this  Colony 
pay  out  of  the  publick  treasury  unto  Capt.  Nathaniel  Salton- 
stall  the  sum  of  eighty-five  pounds  fifteen  shillings  bills  of 
credit  old  tenour,  in  full  ballance  of  his  account  to  this  time, 
for  his  services  and  disbursements  respecting  the  fort  or  bat- 
tery at  New  London. 

This  Assembly  do  appoint  and  authorize  Capt.  John  Read 
to  collect  the  tax  granted  on  the  unimproved  lands  in  New 
Fairfield,  in  the  room  of  Andrew  Burr,  Esq"",  who  resigns  that 
office  and  trust. 

Upon  the  petition  of  Richard  Bill,  of  Boston,  in  the  county 
of  Suffolk  in  the  Province  of  the  Massachusetts  Bay,  Esq"",  vs. 
Urian  Horsmer,  of  Killingly  in  the  county  of  Windham,  and  the 
proprietors  of  the  common  and  undivided  land  in  and  of  the 
said  town  of  Killingly,  complaining  of  a  judgment  of  the  supe- 
rior court  held  in  Windham,  rendered  in  favour  of  said  Hors- 
mer against  him,  on  a  suit  bro't  by  him,  said  Bill,  against  said 
Horsmer,  for  the  surrendry  of  about  ten  acres  of  land  in  that 
part  of  Killingly  aforesaid  called  Thompson  parish,  being  part 
of  a  large  tract  containing  about  four  hundred  acres,  in  the 
tryal  of  which  case  the  jury  missed  the  law ;  and  also  com- 
plaining that,  althO  the  said  four  hundred  acres  was  granted 
by  this  Assembly,  and  thereupon  surveyed,  and  by  mean  con- 
veyances came  to  him,  said  Bill ;  and  that  this  Assembly  by 
their  grant  in  May  yth,  1728,  granted  to  the  proprietors  of 
Killingly  the  lands  north  of  the  old  reputed  Colony  line,  com- 
monly called  Woodward  and  Saffery's  line,  to  the  line  settled 
in  the  year  1713,  between  which  lines  the  said  four  hundred 
acres  lyeth,  excepting  out  of  said  grant,  among  other  things, 
such  lands  as  were  holden  by  the  grants  of  this  Court,  and 


1742.]  OF      CONNECTICUT.  469 

tliereoii  surveyed  and  laid  out,  and  also  on  condition  that  the 
proprietors  of  Killingly  do  not  molest  or  disturb  any  of  the 
claimers  &c.  on  that  part  of  the  land  which  lyeth  southward 
'  of  the  said  old  reputed  line ;  which  grant  was  made  in  addi- 
tion to  a  former  grant  made  to  said  proprietors,  in  the  year 
1708,  which  old  grant  bounds  north  by  the  Colony  line,  at 
about  eight  or  nine  miles  distance  from  Plainfield,  which  ad- 
ditional grant  the  said  proprietors  accepted  with  the  excep- 
tions and  on  conditions  aforesaid  :  yet  the  copy  of  the  said  old 
grant,  made  anno  Bom.  1708,  was  given  in  evidence  in  said 
tryal,  under  pretence  the  same  comprehended  all  the  lands 
mentioned  in  the  said  additional  grant,  whereby  the  jury  were 
misled,  &c.  Therefore  the  said  Bill  prays  for  a  reversal  of  the 
said  judgment,  and  liberty  of  a  new  tryal,  and  that  the  said 
old  grant  may  not  he  given  in  evidence  in  the  tryal  about 
lands  northward  of  the  said  old  line,  called  Woodward  and 
Saifery's  line,  as  by  his  petition  more  fully  may  appear. 

Resolved  hy  this  Assembly^  That  t!ie  said  judgment  of  the 
superior  court,  held  in  Windham  aforesaid,  be  reversed,  and 
the  same  is  lierei)y  reversed,  made  null  and  void,  and  the  pe- 
titioner is  allowed  another  tryal  of  the  said  case  at  the  supe- 
rior court  to  be  held  in  Windham  aforesaid  on  the  third 
Tuesday  of  September  next,  and  that  the  whole  cost  follow 
the  judgment. 

A7id  it  is  also  further  resolved,  That,  inasmuch  as  the  said 
grant,  made  cmno  Doni.  1708,  was  and  ought  to  be  understood 
[1 14]  to  bound  north  ||  on  the  said  old  reputed  line,  called 
Woodward  and  Saffry's  line,  and  the  said  proprietors  ac- 
cepted the  said  additional  grant  with  exceptions  and  on  condi- 
tions as  aforesaid,  the  said  proprietors,  and  all  holding  or  claim- 
ing under  them,  ought  to  be  estopped  from  making  use  of  the 
said  old  grant  in  tryals  of  lands  above  the  said  old  line.  And, 
therefore,  the  said  Horsmer,  the  proprietors  of  said  Killingly, 
and  all  holding  under  them,  are  hereby  prohibited  and  forbid 
giving  the  said  old  grant,  made  1708,  or  a  copy  thereof,  or 
any  title  derived  therefrom,  in  evidence  in  the  tryal  of  the 
abovesaid  case,  or  in  any  other  case  for  the  tryal  of  the 
title  of  the  lands  within  the  limits  of  the  said  additional 
grant. 

Upon  the  petition  of  Aaron  Fish,  of  Groton  in  New  Lon- 
don county,  praying  liberty  of  another  tryal  in  an  action 
wherein  he  demands  of  Samuel  Fish,  of  Preston  in  said 
county,  surrendry  of  about  eighty-five  acres  of  land  and  ten 
pounds  damages,  and  wherein  final  judgment  wos  rendered 
against  him  in  favour  of  the  said  Samuel  Fish,  at  the  superior 
court  held  at  Windham  in  September  last:  Resolved  by  this 


470  PUBLIC    RECORDS  [May, 

Assembly,  that  the  petitioner  have  liberty  of  another  tryal  of 
said  case  at  the  superior  court  to  be  holdeii  at  Windham  in 
September  next,  he  first  paying  down  to  tlie  petitionee  tlie  for- 
mer cost  as  taxed  by  said  superior  court,  and  that  the  future 
cost  only  follow  the  tryal  so  by  liim  to  be  had. 

On  the  petition  of  Joseph  Cadey,  one  of  the  proprietors  of 
the  common  and  undivided  land  in  Killingly,  and  tlie  rest  of 
the  proprietors  of  said  common  land,  &c.,  vs.  Joseph  Thomp- 
son, Esqf,  of  Inner  Temple,  London,  &c.,  as  on  file  :  Tlie 
question  was  put,  whether  the  prayer  thereof  should  be 
granted  :  Resolved  by  this  Assembly  in  the  negative.  Cost 
alloived  respondent  is  £4  Is.  6d.  Ex.  granted  June  2l6'^, 
1742. 

On  the  petition  of  John  Bacon,  and  others  therein  named,  of 
Midletown,  vs.  Samuel  Hall,  Esq'',  one  of  the  proprietors  of 
the  common  and  undivided  lands  in  the  town  of  Wallingford, 
and  the  rest  of  said  proprietors,  &c.,  as  on  file :  The  question 
was  put,  whether  the  prayer  of  said  petition  should  be 
granted:  Resolved  by  this  Assembly  in  the  negative. 

On  the  petition  of  Daniel  Baldwin,  of  Wallingford,  vs. 
John  Way,  of  Wallingford,  as  on  file:  The  question  was  put, 
whether  anything  prayed  for  in  the  said  petition  should  be 
granted  :  Resolved  by  this  Assembly  in  the  negative. 

Henry  King,  of  Midletown,  shewing  to  this  Assembly  that 
at  their  sessions  at  New  Haven  in  October  last,  upon  his  me- 
morial shewing  to  said  Assembly  that  he  exhibited  a  com- 
plaint to  Jabez  Hamlin,  Esq"",  justice  of  the  peace,  against 
one  William  Baxter  of  West  Chester  in  the  Province  of  New 
York,  for  altering  and  putting  otf  a  two-aud-six-pence  bill  of 
the  Province  of  New  York,  and  shewing  that  the  said  Baxter 
was  bound  over  to  the  superior  court,  and  that  he  had  for- 
feited his  bonds,  and  praying  for  twenty  pounds  as  a  premium 
for  his  information,  &c.,  and  that  said  Assembly  did  grant 
him  said  twenty  pounds,  and  ordered  that  a  bill  should  be 
drawn  in  form,  and  that  the  same  was  neglected  to  be  done  : 
Resolved  by  this  Assembly,  that  the  said  Henry  King  have 
paid  to  him  twenty  pounds  out  of  the  publick  treasury  in  bills 
of  the  old  tenour,  and  the  Treasurer  is  hereby  ordered  to  pay 
the  same  to  said  King. 

On  the  memorial  of  the  inhabitants  of  the  town  of  Salis- 
bury, praying  for  a  tax  on  all  the  unimproved  land  laid  out  in 
said  town,  &c.,  as  per  said  memorial  on  file,  dated  May  19th, 
1742  :  Resolved  by  this  Assembly,  that  a  tax  of  one  penny 
half-penny  be  laid  on  all  the  unimproved  lands  laid  out  in 
said  town,  for  and  during  the  space  of  fdur  years  commencing 


1742]  OP      CONNECTICUT.  471 

from  tlie  rising  of  this  Assembly  ;  that  the  non-resident  pro- 
prietors be  at  the  cost  of  collecting  tlie  same  of  such  non-resi- 
dents ;  that  Mr.  John  Read  of  Standford  be  a  collector  to 
collect,  and  when  collected  the  same  to  deliver  into  the  hands 
of  Thomas  Pitch,  Esq'",  of  Norwalk,  to  [be]  by  liim  paid  out 
and  applied  for  and  towards  the  support  and  settlement  of  a 
gospel  minister  in  said  town,  as  there  shall  be  occasion. 

[145]  Upon  consideration  of  the  petition  of  Samuel  Mor- 
riss,  living  eastwardly  of  Woodstock,  within  Thompson  pai'ish 
in  Windham  county,  praying  to  be  exempted  from  paying 
country  and  parish  taxes,  for  the  reasons  assigned :  Resolved 
by  this  Assembly,  that  the  said  Samuel  Morris,  or  his  heirs, 
wliile  living  on  the  farm  where  he  now  dwells,  shall  be  freed 
and  exempted  from  paying  country  taxes,  and  one-half  of  all 
parish  taxes  to  said  parish,  during  the  pleasure  of  this  As- 
sembly :  provided  the  said  Samuel  Morriss,  and  his  heirs  that 
shall  live  on  said  farm  during  that  time,  shall  maintain,  make 
and  keep  in, good  repair,  a  good  and  sufficient  bridge  over  the 
river  easterly  of  his  house  where  the  bridge  now  is,  and  also 
allow  a  free  road  through  his  said  farm  over  said  bridge  where 
it  is  now  used  or  shall  hereafter  be  found  convenient.  And 
the  said  ))arish,  and  all  the  officers  thereof,  are  hereby  re- 
quired to  yield  obedience  to  this  act. 

Upon  the  memorial  of  William  Smith  of  Stratford,  repre- 
senting to  this  Assembly  that  Thomas  Hill,  Esq"",  sheriff  of 
Fairfield  county,  obtained  a  judgment  against  him  for  one 
hundred  pounds  debt  with  cost  of  suit,  upon  a  bail-bond  given 
to  said  sheriff  for  one  William  Bennet  of  said  Stratford,  by 
order  of  tiie  superior  court,  which  said  one  hundred  pounds 
was  by  said  sheriff  to  be  paid  into  the  ti'easury  of  this  Colony 
by  order  of  the  said  superior  court,  and  that  the  said  cost  of 
suit  hath  already  been  paid  ;  praying  this  Assembly  for  an 
abatement  of  said  one  hundred  pounds,  as  by  said  memorial 
on  hie  appears  :  This  Assembly  doth  abate  the  said  judgment 
down  to  forty  pounds,  and  doth  release  the  remainder  thereof; 
and  that  upon  the  payment  of  forty  pounds  in  old  tenour 
bills  into  the  treasury  of  this  Colony,  within  two  months  from 
this  time,  the  said  judgment  and  the  execution  thereon  shall 
be  fully  answered  and  satisfied,  and  the  memorialist  and  the 
said  sheriff  discharged  from  any  further  duty  thereon  to  be 
had  ;  any  order  thereon  to  the  contrary  notwithstanding. 

Upon  the  representation  of  John  Curtiss,  shewing  to  this 
Assembly  his  distress  under  several  executions  for  use-money 
due  to  the  publick  treasury  of  this  Colony  from  the  New  Lon- 
don Society,  &c.,  praying   that  a  committee  be  appointed  to 


472  PUBLIC     RECORDS  [M^ay, 

view,  value  and  receive,  the  conveyance  of  so  much  of  his  real 
estate  as  shall  be  sufficient  to  satisfy  the  executions  that  are 
ap;ainst  him  in  tlie  premises:  Resolved  by  this  Assembly,  that 
Samuel  Lynde,  Jonathan  Trumble  and  John  Richards,  Esq'"*, 
be  a  committee  fully  authorized  and  impowered  on  the  behalf 
of  the  Colony,  to  view  such  real  estate  as  may  be  offered  to 
them  by  the  said  Jolni  Curtiss,  and  apprize  and  value  tlie  es- 
tate so  presented  to  them,  and  thereupon  to  take  a  deed  of 
conveyance  to  the  Governor  and  Company  of  this  Colony,  duly 
executed,  for  so  much  of  said  Curtiss's  estate  as  shall  fully 
answer  and  satisfy  said  executions  and  the  charges  on  them 
arisen,  and  the  charges  of  this  committee's  attendance  and  per- 
formance of  said  affair;  and  the  said  committee  are  thereupon 
fully  authorized  and  impowered  to  discharge  the  said  execu- 
tions ;  and  they  are  hereby  directed  further,  to  get  the  deed 
so  executed  recorded  in  the  proper  office  where  by  law  it 
sliould  be  done,  and  thereon  to  deliver  it  into  the  hands  of 
tlie  Secretary,  and  to  draw  on  the  Treasurer  to  pay  what 
charges  may  be  arisen  thereon  and  secured  in  sucli  deed.  And 
furtliermore,  the  said  committee  are  impowered  and  directed 
that,  in  case  the  said  Curtiss  shall  refuse,  neglect  or  delay  to 
shew,  set  out  and  convey  such  real  estate  to  the  Governor  and 
Company,  in  manner  and  form  as  above  in  this  act  is  pro- 
posed, for  the  discharge  of  the  said  executions,  then  tiie  said 
committee  shall  call  forth  the  sheriff  and  proceed  to  take  the 
said  Curtiss's  estate  in  the  due  form  and  metliod  of  the  law 
for  the  levying  executions  on  real  estates. 

On  the  memorial  of  the  west  society  in  the  town  of  Hart- 
ford, shewing  to  this  Assembly  that  said  society  have  already 
voted,  by  a  majority  of  more  than  two-third  parts  of  the  voters 
there,  that  it  is  necessary  for  said  parish  to  build  a  meeting 
house  for  divine  worship,  praying  this  Assembly  to  appoint  a 
committee  to  repair  to  said  parish  and  fix  a  place  for  building 
a  meeting  house  upon :  Resolved  by  this  Assembly,  that  Colo. 
Jn".  Chester,  Major  Henry  AUyn  and  Capt.  Elizur  Goodrich, 
be  a  committee,  at  the  cost  of  the  memorialists,  to  repair  to 
said  parish,  hear  the  memorialists,  or  any  of  them,  view  their 
situation,  and  fix  and  ascertain  a  place  in  said  parish  for  the 
memorialists  to  build  a  meeting  house  on,  and  make  return  of 
their  doings  to  this  Assembly  in  their  present  sessions. 

[14f3]  Upon  the  memorials  of  the  inhabitants  of  Sliaron,  Go- 
shen, Canaan,  Kent,  Salisbury,  Cornwall,  praying  relief  respect- 
ing their  purchase  money:  Resolved  by  this  Assembly,  that 
Nathaniel  Stanly,  Ozias  Pitkin,  Esq""*,  and  Capt.  John  Marsh, 
be  a  committee  to  whom  such  persons  as  are  inhabitants  of 
said  towns  may  repair  for  relief;    and  the  committee  of  the 


1742.]  OP     CONNECTICUT.  473 

town  or  society,  who  have  right  to  demand  the  money  due 
eitlier  by  bonds  on  vvhicli  suits  liave  or  have  not  been  brought, 
being  first  notified  by  sucli  person  or  persons  who  want  relief, 
which  committee  being  so  duly  notified  of  the  time  and  place 
of  the  said  committee's  meeting,  the  said  committee  shall  pro- 
ceed to  determine  which  of  said  persons  may  and  ought  to 
have  relief;  and  thereupon  such  person  who  shall  propose 
and  have  liberty  to  give  new  security,  either  in  lieu  of  the 
bond  by  him  given  as  aforesaid  or  of  judgment  thereon  re- 
covered, where  it  has  so  happened  that  the  bond  hath  been 
sued  out,  upon  his  paying  down  the  interest  due  for  the  pur- 
chase money  and  all  costs  thereon  arisen,  shall  have  liberty 
to  renew  his  bond  with  surety  ;  and  thereupon  the  said  com- 
mittee are  directed  to  consider  and  determine  whether  the 
sureties  proposed  be  sufficient,  and  upon  their  determining 
them  to  l)e  sufficient,  the  committee  of  the  town  or  society 
to  which  the  same  shall '  belong  shall  take  the  new  bonds 
proposed  with  the  sureties  directed  to  by  the  government's 
committee,  conditioned  for  the  payment  of  the  principal  sum 
at  or  before  the  first  day  of  October,  ayino  Dom.  1745,  to- 
gether with  distinct  obligations  for  the  payment  of  the  yearly 
interest  thereon  as  the  same  shall  become  due  ;  and  in  case 
any  of  the  said  bonds  shall  not  prove  recoverable  at  the  end  • 
of  said  term,  then  the  same  shall  be  paid  and  discharged  out 
of  the  Colony  treasury. 

Upon  the  memorial  of  the  town  of  Sharon,  shewing  their 
distressed  circumstances  and  necessities,  by  reason  of  extra- 
ordinary sickness  tlie  last  year,  and  praying  for  some  relief: 
Resolved  by  this  Assembly,  that  Nathaniel  Stanly,  Esq^,  and 
Capt.  John  Marsh,  be  a  committee  fully  authorized  and  im- 
powered  to  give  relief,  as  they  shall  judge  proper,  to  such 
poor  and  needy  persons  in  that  town  who  shall  apply  to  them 
for  it,  and  draw  upon  the  Treasurer  of  this  Colony  to  pay  out 
of  the  publick  treasury  such  sum  or  sums  to  such  person  or 
persons  as  they  shall  judge  necessary,  for  their  relief:  pro- 
vided they  do  not  draw  for  more  than  the  sum  of  two  hund- 
red pounds  in  old  tenour  bills  in  the  whole. 

Ordered  hy  this  Assembly^  That  the  Treasurer  of  this  Colony 
pay  out  of  the  publick  treasury  unto  Samuel  Avery  of  New 
London  the  sum  of  fifty  pounds  old  tenour,  in  full  discharge 
for  his  services  done  for  this  Colony,  as  prayed  for. 

Upon  the  memorial  of  Peter  Pratt  and  others,  agents  of 

Sharon,  and  the  Indians  living  at  or  near  said  Sharon,  &c., 

praying  for  a  committee  to  examine  the  claims  of  said  Indians 

and  purchases  that  have  been  made  in  said  Sharon  and  Sal- 

60 


474  PUBLIC     RECORDS  [May, 

isbiiry,  &g.  :  It  is  res5olved  by  this  Assembly,  that  Tliomas 
Fitch,  Esq"-,  Mr.  Daniel  Edwards  and  Mr.  Robert  Walker, 
or  any  two  of  them,  be  a  committee  to  repair  to  said  Sharon 
to  hear,  examine  and  enquire  into  the  claims  made  by 
the  said  Indians  or  any  others  within  the  said  towns  of  Sharon 
and  Salisbury,  and  the  purchases  that  have  been  made  by 
Thomas  Lamb  and  others  within  the  said  townships  ;  and  fur- 
ther enquire  what  may  be  necessary  to  be  done  in  order  to  settle 
and  accommodate  the  differences  that  are  or  may  be  likely  to 
arise  on  the  premises ;  and  make  their  report  to  this  Assembly 
at  their  sessions  in  October  next. 

Upon  tlie  memorial  of  John  Humphrey  of  Symsbury,  and 
the  rest  of  the  inliabitants  of  said  town,  shewini?  to  this 
Assembly  that  the  adjourned  county  court  of  the  county  of 
Hartford,  at  their  sessions  in  June,  1741,  did  order  that  a 
highway  should  be  laid  from  the  dwellino;  house  of  Josliua 
Case  in  said  Symsbury  east  about  half  a  mile,  through  a  tier 
[147]  of  lots  in  Symsbury,  and  so  continue  the  said  hiohway  || 
eastward  to  a  liighway  near  the  dwelling  house  of  Zebulon 
Horskins  in  Windsor,  and  accordingly  ordered  a  jury  to  be 
impannelle'd  to  lay  out  the  same,  who  made  return  of  their 
doings  to  said  court,  which  was  accepted ;  and  complaining 
•  against  the  doings  of  the  said  jury,  and  praying  that  tlieir 
doings  may  be  set  aside :  Resolved  by  this  Assembly,  that  the 
doings  of  the  said  jury  be  set  aside  and  made  void,  upon  the 
memorialists  paying  the  cost  of  said  jury  ;  and  that  thereupon 
the  county  court  in  the  county  of  Hartford  order  that  another 
jury  be  impannelled  to  lay  out  a  highway  at  or  near  the  place 
aforesaid,  and  assess  damages,  according  to  law. 

On  the  memorial  of  Samuel  Hull  of  Fairfield,  executor  on 
the  last  will  of  Josiah  Hull  late  of  Standford,  deceased,  shew- 
ing to  this  Assembly  that  the  debts  due  from  the  estate  of  the 
deceased  surmount  the  moveable  estate  of  the  said  deceased 
the  sum  of  X384  2s,  3c?.,  praying  that  liberty  may  be  granted 
to  the  memorialist  to  sell  so  much  of  the  real  estate  of 
the  said  deceased  as  will  make  the  aforesaid  sum  of  ,£384 
2s.  dd.  and  the  necessary  charges  arising  thereon :  Re- 
solved by  this  Assembly,  that  the  said  Samuel  Hull  be  im- 
powered,  and  he  is  hereby  authorized  and  impowred,  to  make 
sale  of  so  much  of  the  real  estate  of  Josiah  Hull,  late  of 
Standford,  deceased,  as  will  make  the  sum  of  £384  '2s.  M. 
money,  with  the  necessary  charges  arising  thereon,  taking  the 
advice  of  the  court  of  probate  in  the  district  of  Standford. 

Upon  the  memorial  of  Messrs.  Jabez  Hamlin  and  Seth 
Wetmore,  agents  for  the  town  of  Midletown,  praying  this 


1742.]  OF      CONNECTICUT.  475 

Assembly  to  state  the  fare  of  the  ferry  over  Connecticutt 
River  in  Midletown  near  the  ship-yard  in  the  town-plat,  which 
is  under  the  care  of  said  town :  Resolved  by  this  Assembly, 
that  the  fare  of  said  ferry  be  nine  pence  for  man,  horse  and 
load,  and  three  pence  for  a  single  person,  in  bills  of  credit  of 
the  old  tenour  or  an  equivalent  in  new  tenour  bills,  at  all 
times  in  the  year  said  ferry  is  passable,  and  no  more ;  any 
usage  or  custom  to  the  contrary  notwithstanding. 

Upon  the  memorial  of  John  Abbee,  administrator  on  the 
estate  of  Benjamin  Bedlake  late  of  Windham,  deceased,  shew- 
ing to  this  Assembly  that  the  debts  due  from  the  said  deceased's 
estate  amount  to  the  sum  of  £1010  12s.  Sd.  more  than  what 
the  whole  of  his  moveable  estate  is  inventoried  at,  and  pray- 
ing for  liberty  to  make  sale  of  so  much  of  the  land  of  the 
said  Bedlake  as  shall  amount  to  the  sum  abovesaid,  to  be 
improved  for  payment  of  the  debts  aforesaid  :  Tliis  Assembly 
grants  liberty  to  the  memorialist  to  make  sale  of  so  much  of 
the  lands  of  said  Benjamin  Bedlake,  deceased,  as  shall  be 
sufficient  to  raise  the  sum  abovesaid  for  the  purpose  aforesaid, 
and  the  necessary  charges  arising  thereon ;  he,  the  said  admin- 
istrator, in  the  management  of  said  affair  taking  the  advice 
and  being  under  the  direction  of  the  court  of  probate  in  the 
county  of  Windham. 

Upon  the  memorial  of  the  inhabitants  of  the  northern  part 
of  the  town  of  New  Fairfield,  moving  that  the  said  town 
might  be  divided  into  two  separate  and  distinct  parishes,  in 
such  manner  and  proportion  as  in  said  memorial  is  set  forth, 
and  that  the  place  mentioned  in  the  report  of  the  committee, 
who  were  in  October  last  appointed,  and  now  returned  to  this 
Assembly,  might  be  established  for  the  place  whereon  to  build 
a  meeting  house  for  the  southern  parish  ;  and  also,  that  on 
such  division  first  allowed  and  granted,  a  committee  might  be 
appointed  to  ascertain  the  most  suitable  place  whereon  to 
build  a  meeting  house  in  the  northern  parish  or  society,  and 
to  make  return,  &c.  ;  as  per  their  memorial  on  file  :  Resolved 
by  this  Assembly,  that  the  said  town  of  New  Fairfield  be,  and 
the  same  hereby  is,  divided  into  two  separate  and  distinct 
parishes  or  societies,  each  of  which  shall  and  may  have  and 
exercise  and  enjoy  all  the  powers  and  privileges  which  other 
parishes  in  this  government  have  ;  and  that  the  line  divident 
between  them  be  a  line  drew  across  said  town  from  east 
[148]  to  II  west,  at  the  distance  of  five  miles  from  the  south 
line  and  parallel  therewith ;  and  that  the  place  in  said  report 
mentioned  and  described,  to  be  the  place  whereupon  to  build 
a  meeting  house  for  and  within  said  southern  parish,  and  that 


476  PUBLIC    RECORDS  [May, 

said  parish  therein  proceed  as  by  law  in  such  case  provided  ; 
and  further,  that  Capt.  Theophihis  Nickols,  Messrs.  Samuel 
Canfield  and  Natlianiel  Bostwick,  be,  and  they  are  hereby 
appointed  to  be,  a  committee  to  repair  to  and  upon  the  said 
northern  parish,  and  on  due  observation  and  enquiry  to  fix 
and  ascertain  the  most  suitable  and  convenient  place  whereon 
to  build  a  meeting  house  for  and  within  said  north  parish, 
and  to  run  the  line  between  said  parislies  as  above  directed, 
and  make  return  of  their  doings  to  tliis  Assembly  in  their 
sessions  at  New  Haven  in  October  next. 

Upon  the  memorial  of  the  inhabitants  of  the  second  society 
of  the  town  of  Coventry,  shewing  to  this  Assembly  that  they 
are  under  difficulties,  by  reason  that  they  cannot  get  two-thirds 
of  their  voters  in  their  meetings  to  vote  to  build  a  meeting 
house,  as  is  provided  by  law,  in  order  to  their  applying  to  the 
Assembly  to  have  a  committee  appointed  to  affix  a  place  to 
set  a  meeting  house  on  ;  and  shewing  that  the  major  part  of 
the  voters  in  their  meeting  have  voted  to  build  ;  and  praying 
for  relief:  Whereupon  it  is  resolved,  that  a  committee  be 
appointed,  and  Colo.  Thomas  Wells,  Capt.  Ebenezer  Gray  and 
Colo.  Shubael  Conant,  are  hereby  appointed  a  committee  to 
repair  to  said  society  and,  at  tlieir  charge,  to  affix  a  place  for 
a  meeting  house,  and  to  make  report  of  their  doings  to  this 
Assembly  in  October  next ;  and  in  the  mean  time  said  society 
may  proceed  to  do  anything  proper  in  preparing  to  build,  as 
they  might  have  done  if  two-thirds  of  them  had  voted  to  build ; 
anything  in  the  law  referred  to  notwithstanding. 

Upon  the  memorial  of  Ednah  Smith  of  Norwich,  shewing 
to  this  Assembly  that  her  husband,  Joshua  Smith,  late  of  Nor- 
wich, deceased,  mortgaged  twenty-four  acres  of  land  in  said 
Norwich  to  the  Governor  and  Company  of  this  Colony,  as  by 
his  deed  thereof,  dated  the  21st  day  of  August,  1733,  defeaza- 
ble  upon  the  payment  of  fifty  pounds  money  on  or  before  the 
first  day  of  May,  1741,  which  time  is  expired,  and  her  husband 
before  the  expiration  of  said  time  did  undertake  to  go  in  the 
Spanish  expedition,  and  there  dyed,  and  she  left  a  desolate 
widow,  &c. ;  praying  this  Assembly  to  grant  that  time  may  be 
allowed  for  the  redemption  of  the  mortgaged  premises:  Re- 
solved by  this  Assembly,  that  there  be  allowed  the  term  of 
three  years  next  ensuing,  for  the  redemption  of  the  said  mort- 
gaged premises,  without  paying  the  interest  arising  on  said 
mortgage:  provided  that  at  or  before  the  expiration  of  said 
term  the  said  sum  of  fifty  pounds  be  duly  paid  into  the  pub- 
lick  treasury  for  the  discharge  thereof. 

Upon  the  memorial  of  Samuel  Gore  and  Elizabeth  Bray- 


1742.]  OF     CONNECTICUT.  477 

man,  administrators  on  the  estate  of  James  Brayman  of  Yol- 
iintown,  deceased,  shewing  to  this  Assembly  that  the  debts 
and  cliarges  due  from  tlie  estate  of  said  Brayman  amounts  to 
the  sum  of  XI 059  lis.  6d.,  and  the  inventoried  moveable  es- 
tate of  said  deceased  amounts  to  the  sura  of  X333  2s.  Id.; 
then  there  is  <£726  8s.  lid.  of  debts  and  charges  that  surmount 
said  deceased's  moveable  estate  inventoried,  as  appears  on 
record ;  gaid  administrators  moving  to  this  Assembly  that  they, 
or  some  other  meet  person,  may  be  authorized  to  make  sale  of 
so  much  of  the  real  estate  of  the  deceased  as  to  defray  the 
debts  and  the  necessary  charges  thereon :  Whereupon  this  As- 
sembly doth  authorize  and  appoint  the  said  Samuel  Gore  and 
John  Crary  to  make  sale  of  so  much  of  the  real  estate  of  the 
said  James  Brayman,  deceased,  as  to  make  the  sum  of  X726 
8s.  lid.,  and  pay  said  debts  with  the  necessary  charges  arising 
thereon,  taking  the  advice  of  the  court  of  probate  for  the 
county  of  Windham  therein. 

Cost  allowed  Uriah  Loomiss  and  Odiah  Loomis,  of  Wind- 
sor, vs.  James  Enno,  agent  for  and  in  the  behalf  of  Union, 
for  their  attendance,  &c.,  to  answer  the  memorial  of  the  said 
Enno,  &c.,  is  X2-12s.  6d.     Ex.  granted  Sept.  8th,  1742. 

[149]  Upon  the  memorial  of  the  inhabitants  of  Judeah 
parish  in  Woodbury,  shewing  this  Assembly  that  tlie  said  in- 
habitants had  unanimously  voted  to  build  a  meeting'  liouse  in 
said  parish,  and  also  had  unanimously  agreed  to  set  said  house 
in  the  3d  tier  of  lots  in  the  said  parish  and  near  to  the  middle 
of  said  lot  north  and  south,  and  about  sixty  or  sixty-five  rods 
from  the  east  side  of  said  lot  near  to  the  center  of  said  parish, 
where  is  a  stake  and  a  large  heap  of  stones,  and  praying  this 
Assembly  to  establish  and  confirm  the  said  place  for  the  said 
inhabitants  to  build  a  meeting  house  upon,  &c. :  Resolved  by 
this  Assembly,  that  the  above  described  place  be,  and  the  same 
is  hereby,  established  and  confirmed  to  be  the  place  for  the 
said  inhabitants  to  build  a  meeting  house  upon  accordingly. 

Upon  the  memorial  of  the  inhabitants  of  the  town  of  Staf- 
ford, praying  for  a  tax  upon  the  unimproved  lands  in  said 
town,  to  be  improved  for  and  towards  the  settlement  and  sup- 
port of  a  minister,  <fec.,  as  per  said  memorial  on  file :  Resolved 
by  this  Assembly,  that  there  shall  be  a  tax  of  five  shillings 
upon  the  hundred  acres  laid  upon  all  the  unimproved  land 
which  is  surveyed  and  laid  out  in  said  town,  to  be  applied  for 
and  towards  the  settlement  and  support  of  a  minister  of  the 
gospel  in  said  town,  for  and  during  the  term  of  four  years 
commencing  from  the  time  of  settlement  of  such  minister,  to 
be  dehvered  into  the  hands  of  William  Pitkin,  Esq"",  of  Hart- 


478  PUBLIC    RECORDS  [May, 

ford,  for  the  purpose  abovesaid,  by  the  collector  or  collectors 
thereof,  whom  they,  the  said  inhabitants  of  Stafford,  are  iiereby 
impowered  from  time  to  time  to  choose  and  appoint  to  collect 
the  same. 

Upon  the  memorial  of  Chickens,  an  Indian  sachem  living  at 
the  parish  of  Reading  in  the  county  of  Fairfield,  representing 
tliat  in  a  conveyance  of  a  certain  tract  of  land,  in  said  memo- 
rial referred  to,  lie  had  made  a  saving  and  reservation  of  so 
much  thereof  as  lie  and  liis  children,  &c.,  should  need  for  their 
personal  improvement,  &c.,  and  alledging  that  he  and  his 
lamily,  being  grown  numerous,  have  personal  need  of  more 
lands  than  as  ever  yet  have  been  set  out  for  their  use ;  and 
thereupon  praying  that  a  committee  might  be  appointed  to  en- 
quire into  the  premises,  and  to  report  to  this  Assembly  in  Oc- 
tober next  what  and  how  much  lands  appear  necessary  and 
just  to  be  set  out  to  the  memorialist  and  liis  family,  &c.,  in 
compliance  with  the  reservation  al)Ovesaid :  Resolved  by  this 
Assembly,  that  Roger  Newton,  Esq^,  Messrs.  John  Fowler  and 
Robert  Treat,  all  of  Milford,  or  any  two  of  them,  be,  and  tliey 
hereby  are,  appointed  to  be  a  committee  to  and  for  the  pur- 
poses abovementioned,  at  the  cost  of  the  memorialist. 

On  the  memorial  of  Caleb  Jones  and  Mary  his  wife,  late 
Mary  How,  both  of  Waliingford,  said  Mary  executrix  of  the 
last  will  'and  testament  of  Zachariah  How  late  of  said  Wal- 
iingford, deceased,  shewing  that  the  debts  and  charges  sur- 
mount the  personal  estate  <£238  16s.  lid.,  praying  liberty  to 
sell  land  for  the  purpose  aforesaid:  Resolved,  that  the  memo- 
rialists shall  and  may,  and  they  are  liereby  authorized  to  sell 
so  much  of  the  land  belonging  to  the  estate  of  said  deceased 
to  satisfy  said  debts  and  incident  charges  thereon:  always 
taking  the  direction  of  the  court  of  probates  in  New  Haven 
county  in  the  premises. 

Upon  the  memorial  of  David  Sage,  Samuel  Hart  and  others, 
of  Midletown,  praying  to  be  a  distinct  society,  &c.,  and  of 
Thomas  Hart  and  others  of  the  parish  of  Kensington,  praying 
that  there  be  a  committee  to  view  the  circumstances  of  the 
parish  aforesaid  and  of  that  part  of  Midletown  praying  to  be 
a  distinct  society,  &c. :  It  is  resolved  by  this  Assembly,  that 
Colo.  Joseph  Pitkin,  Messrs.  Joseph  Buckingham  and  John 
Edwards,  be  a  committee,  at  the  cost  of  the  memorialists,  to 
repair  to  the  said  parish  of  Kensington  and  Midletown,  and 
view  t]ie  whole  circumstances  of  the  parish  of  Kensington 
and  of  that  part  of  said  Midletown  prayed  for  to  be  a  society, 
(first. notifying  all  parties  concerned,)  and  make  their  report 
to  this  Assembly  in  their  sessions  in  October  next,  giving  their 
opinion  in  the  premises. 


1742.]  OF      CONNECTICUT.  479 

[150]  Wlicreas  tlici-c  is  laid  ])crorc  tliis  Assembly  one  bond 
from  William  Roberts  and  Samuel  Roberts  for  X205  15s.  0<L, 
and  due  thereon  lor  interest  X27  17s.  Ori.,  the  whole  being 
<£233  12s.  Od.  money  arising-  or  becoming-  due  for  the  sale  of 
the  western  lands  and  ordered  for  the  support  of  the  schools 
in  this  Colony:  This  Assembly  order  £168  (is.  Od.  thereof  to 
be  to  the  town  of  Stafford  for  their  part  of  said  money,  and 
delivered  to  Wm,  Pitkin,  agent  for  said  town.  And  it  is  fur- 
ther ordered  and  directed,  that  the  said  William  Pitkin  take 
the  said  bond  into  his  care,  and  secure  the  remaining  part  of 
the  money  due  on  said  bond,  being  £65  Qs.  Od.,  to  be  paid  into 
the  Colony  treasury  for  the  use  for  which  it  is  ordered. 

Upon  tlie  memorial  of  the  inhabitants  of  the  parish  of 
Chester,  in  Saybrook,  praying  to  this  Assembly  for  liberty  to 
iml)ody  into  church  estate,  and  also  for  a  committee  to  affix  a 
place  for  them  to  build  a  meeting  house  on:  This  Assembly 
grants  liberty  to  said  parish  to  imbody  into  church  estate; 
and  Messrs.  John  Lane,  Nathaniel  Lynd  and  John  Tulley,  are 
appointed  a^  committee,  at  the  cost  of  the  memorialists,  to  re- 
pair to  said  society,  and  view  their  circumstances,  and  affix  a 
place  for  them  to  build  a  meeting  house  on,  and  make  report 
to  this  Assembly,  at  their  sessions  in  October  next,  of  their 
doings  in  the  premises. 

Upon  the  memorial  of  John  Bostwick  and  Roger  Brownson, 
and  the  rest  of  the  inhabitants  of  New  Milford,  praying  to 
this  Assembly  for  an  addition  to  be  made  to  the  fare  or  toll  of 
the  bridge  built  over  the  great  river  in  said  New  Milford: 
This  Assembly  grants  that  the  fare  or  toll  for  passing  over  said 
bridge  shall  be  for  man,  horse  and  load,  six  pence,  and  for  each 
single  person  three  pence,  in  old  tenour,  to  be  collected  and 
improved  to  the  use  according  to  their  former  grant. 

Upon  the  memorial  of  Christopher  Holmes  and  others,  pray- 
ing for  a  distinct  ecclesiastical  society  to  be  set  off,  part  out  of 
the  northwest  corner  of  Lyme  and  part  out  of  the  first  society 
of  East  Haddam,  at  the  south  end  of  said  East  Haddam,  and 
praying  for  a  committee  to  view  their  circumstances,  &c. :  It 
is  resolved  by  this  Assembly,  that  James  Wadswortli,  Jabez 
Hamlin  and  John  Richards,  Esq^s,  be  a  committee  to  repair  to 
said  places,  (first  notifying  all  porrties  concerned,)  to  view  the 
circumstances  of  the  inhabitants  there,  and  make  report  to 
this  Assembly  in  October  next,  and  give  their  opinion  on  the 
premises. 

Upon  the  memorial  of  Jacob  Hart  of  Standford,  adminis- 
trator on  the  estate  of  Ebenezer  Jessup  late  of  said  Standford, 
deceased,  shewing  to  this  Assembly  that  the  debts  due  from 


480  PUBLIC    RECORDS  [May, 

said  estate  surmount  the  personal  estate  of  said  deceased, 
and  the  sum  that  the  lands  of  said  deceased  were  formerly 
ordered  to  be  sold  to  answer,  the  sum  of  forty-two  pounds  ten 
shillings  and  six  pence  ;  and  praying  for  liberty  to  sell  so 
much  more  of  the  real  estate  of  said  deceased  as  may  be  suffi- 
cient to  answer  the  same :  Resolved  by  this  Assembly,  that 
the  memorialist  have  liberty  to  sell  so  much  more  of  the  real 
estate  of  said  deceased  as  may  be  sufficient  to  answer  the  said 
<£42  10s.  6d.  with  the  necessary  charges  arising  thereon,  tak- 
ing the  direction  of  the  court  of  probate  in  the  district  of 
Standford  therein.  And  Capt.  Jonathan  Maltbie,  of  Stanford, 
■and  the  memorialist,  are  hereby  appointed  and  substituted  to 
make  sale  of  the  said  real  estate  accordingly. 

Upon  the  memorial  of  Aaron  Puller,  of  Ashford  in  the 
county  of  Windham,  setting  forth  that  the  term  of  time  al- 
lowed him  by  this  Assembly  for  the  payment  of  the  sum  of 
two  hundred  and  fifty-eight  pounds  some  shillings,  which  sum 
was  due  from  your  memorialist's  father  'and  brother  for 
lands  purchased  of  the  government  some  time  since,  is 
now  expired,  and  that  he  hath  duly  paid  the  interest,  and  is 
now  prepared  to  pay  one  hundred  pounds  of  the  principal 
sum  and  the  interest ;  and  praying  that  his  mortgage  deed  to 
the  Governor  and  Company  may  not  be  put  in  suit  within  the 
space  of  one  year  :  Resolved  by  this  Assembly,  that  upon 
the  memorialists  paying  into  the  treasury  of  this  Colony  the 
sum  of  one  hundred  pounds  money  of  the  principal  and  the 
whole  interest  to  this  time,  that  the  said  memorialist  shall 
have  the  liberty  of  one  year  to  pay  said  mortgage  in. 

[151]  Tliis  Assembly,  taking  into  their  consideration  the 
state  of  some  of  the  Indian  natives  living  near  unto  the  bor- 
ders of  the  town  of  New  Milford,  and  at  a  place  called  Pota- 
tuck,  near  the  borders  of  the  town  of  Woodberry,  and  be- 
ing desirous  to  encourage  the  disposition  there  seems  to 
be  in  them  to  be  instructed  in  the  principles  of  the  christian 
religion,  have  resolved  and  granted,  that  the  Treasurer  of  this 
Colony  shall  deliver  out  of  the  publick  treasury  of  this  Colony 
the  sum  of  twenty  pounds,  in  bills  of  credit  of  the  old  tenour, 
unto  the  Rev^  Mr.  Daniel  Boardman  and  Mr.  Samuel  Can- 
field,  who  are  hereby  appointed  to  receive  the  same  and  im- 
prove it  for  the  support  of  the  said  Indians  when  at  school  or 
attending  on  the  ministry  of  the  word  in  the  town  of  New 
Milford  ;  and  that  the  sum  of  twenty -five  pounds  be  also  de- 
livered out  of  the  Colony  treasury  unto  the  Reverend  Mr. 
Anthony  Stoddard  and  Revi  Mr.  Elisha  Kent,  who  shall  re- 
ceive and  improve  the  same  for  the  instruction  and  christian- 
izing the  Indians  at  the  place  called  Potatuck ;  and  that  the 


1742.]  OP      CONNECTICUT.  481 

said  gciiHemon  lay  the  account  of  their  disbursements  before 
the  General  Assembly  in  October  next. 

Upon  the  memorial  of  the  south  or  first  society  in  Killing- 
ly,  praying  that  a  connnittee  be  appointed  to  review  the  cir- 
cumstances of  said  society,  and  affix  and  ascertain  the  place 
where  said  society  shall  buikl  their  meeting  house,  &c. :  Re- 
solved by  this  Assembly,  that  Deacon  Eleazer  Gary,  of  Wind- 
ham, and  Josiah  Gonant,  Esqi",  and  Deacon  Experience  Por- 
ter, both  of  Mansfield,  be  a  committee  to  repair  to  the  said 
first  society  in  Killingly,  and  to  review  the  circumstances  ot 
said  society,  and  to  hear  the  parties  there,  and  to  affix  and 
ascertain  the  place  where  the  said  society  shall  build  their 
meeting  house,  best  to  accommodate  the  whole  of  said  society 
for  divine  worship,  and  make  report  of  their  doings  to  the 
session  of  this  Assembly  in  October  next. 

Upon  the  memorial  of  Nathaniel  Gurtiss  and  Daniel  Porter, 
of  Stratford,  administrators  on  the  estate  of  Isaac  Gurtiss  late 
of  said  Stratford,  deceased,  representing  to  this  Assembly 
that  the  debts  due  from  said  estate  surmount  the  personal 
estate  the  sum  of  fifty-eight  pounds  eight  shillings  and  ten 
pence,  ]iraying  that  so  much  of  the  real  estate  of  said  deceased 
might  be  sold  as  to  answer  said  debts  :  This  Court  grants  to 
the  said  Nathaniel  Gurtiss  and  Daniel  Porter  power  and  au- 
thority, under  the  direction  and  by  the  advice  of  the  court 
of  probate  for  the  district  of  Fairfield,  to  sell  so  much  of  the 
deceased's  lands  as  shall  answer  the  said  debts  and  the  in- 
cident charges. 

Upon  the  memorial  of  Theophilus  Yale  and  Joshua  At- 
water,  of  Wallingford  in  New  Haven  county,  shewing  to  this 
Assembly  that  the  said  Atwater  borrowed  of  this  government 
the  sum  of  X450  Os.  Od.  money,  and  shewing  to  this  Assem- 
bly that  the  memorialist  is  not  able  to  pay  more  than  <£150 
Os.  Od.  of  said  bond  with-  the  interest  of  the  whole  to  this 
time,  and  praying  for  a  longer  time  to  pay  said  money  in : 
Granted  by  this  Assembly,  that  the  said  memorialists  have 
liberty  of  the  space  of  three  years  longer  to  pay  said  money 
in  :  provided  they  pay  at  this  time  all  to  the  sum  of  three 
hundred  pounds,  and  shall  pay  in  unto  the  Treasurer  of  this 
Golony  for  the  time  being  the  sum  of  one  hundred  pounds 
yearly,  with  the  interest  of  the  whole  of  said  sum  at  each 
year's  end. 

Upon  the  memorial  of  Mary  Andruss  of  Wallingford,  ad- 
ministratrix on  the  estate  of  Thomas  Andruss  late  of  said 
Wallingford,  deceased,  shewing  this  Assembly  that  the  debts 
due  from  the  estate  of  the  said  deceased  surmount  the  movea- 
61 


482  PUBLIC     RECORDS  [May, 

ble  estate  the  sum  of  £187  14.s.  Od.  and  prayino;  for  liberty  to 
sell  lands  to  pay  the  said  debts  &c. :  Granted  by  this  Assera- 
l)ly  liberty  to  the  said  administratrix,  with  Colo.  Benjamin 
Hall,  to  sell  so  much  of  the  real  estate  of  the  said  deceased, 
taking  tlie  advice  of  the  court  of  probate  in  New  Haven,  as 
to  enable  the  said  administratrix  to  pay  the  said  debts  with 
charges  arising  on  the  sale  of  the  said  lands. 

Upon  the  memorial  of  Isaac  Parmeley  of  Guilford,  praying 
to  be  discharged  from  the  fourth  ecclesiastical  society  in  Guil- 
ford, and  annexed  to  the  first  society  in  said  Guilford  :  This 
Assembly  grants  and  orders,  that  said  Isaac  Parmely  be  dis- 
charged, and  he  is  hereby  discharged,  from  the  said  fourth 
society,  and  annexed  to  the  said  first  society. 

Ordered  ly  this  Assemhli/,  That  the  Secretary  of  tliis  Col- 
ony make  out  a  precept,  directed  to  the  SheriiF  of  tlie  county 
of  Hartford  or  his  deputy,  to  arrest  the  bodies  of  James  Da- 
venport and  Benja.  Pumroy,  wlieresoever  they  may  he  in  this 
Colony,  and  them  forthwith  bring  before  the  General  Assem- 
bly now  sitting,  to  answer  to  such  matters  and  tilings  as  are 
objected  and  complained  of  against  them  before  this  Assem- 
bly ;  and  also  to  summon  such  evidences  as  may  have  any 
knowledge  of  the  said  matters  complained  of  as  aforesaid. 

[152]  Upon  the  memorial  of  John  Williams,  jun.,  of  Ston- 
ingtown,  shewing  to  this  Asseml)ly  that  he  gave  his  bonds  for 
twenty-five  pounds  to  the  Governor  and  Company,  and  had 
an  order  from  tlie  committee  in  New  London  county  to  the 
Treasurer,  bearing  date  March  3d,  1740-1,  to  deliver  the 
sum  of  c£25  of  the  loan  money  emitted  by  said  Assembly, 
May.  1740 ;  and  the  said  memorialist  shewing  said  order  to 
the  Treasurer,  the  Treasurer  refused  to  deliver  said  sum,  de- 
claring that  New  London  county  had  had  all  their  part ;  and 
the  bonds  aforesaid  being  lodged  in  the  Secretary's  office,  the 
memorialist  praying  this  Assembly -to  order  the  Secretary  to 
deliver  up  said  bonds  :  Resolved  by  this  Assembly,  that  the 
Secretary  of  this  Colony  deliver  up  the  aforesaid  bonds  to  the 
said  John  Williams,  jun. 

Upon  the  memorial  of  Rachell  Cadwell,  administratrix  on 
the  estate  of  Aaron  Cadwell,  late  of  Hartford,  deceased, 
praying  for  liberty  to  sell  of  the  lands  of  the  said  deceased 
sufficient  to  answer  the  debts,  &c.  :  Resolved  by  this  Assem- 
bly, that  the  said  Rachel  Cadwell,  administratrix  as  above- 
said,  together  with  John  Butler,  jun.,  of  Hartford,  (who  is 
hereby  joyned  with  the  said  administratrix  to  that  purpose,) 
have  liberty  and  full  power  to  sell  and  make  disposition  ac- 
cording to  law  of  so  much  of  the  real  estate  of  the  said  deceased 


1742.]  O.F      CONNECTICUT.'  483 

as  will    amount  to  the  said  sum  of  <£78  3s.  Id.  as  also  the 
necessary   charges  arising  on  such  sale,  taking  the  advice  of 
tlie  court  of  probate  in  the  district  of  Hartford  therein. 
To  the  Honourable   General  Assembly  sitting'  at  Hartford, 

May,  A.  D.  1742. 

We,  being  ajipointed  a  committee  on  the  memorial  of  the 
west  society  in  the  town  of  Hartford,  to  repair  to  said  society, 
view  their  situation  &c.,  and  fix  a  place  for  said  society  to 
build  a  meeting  house  on,  did,  on  the  19th  day  of  said  May, 
repair  to  said  society,  view,  &c.,  and  fixed  a  stake  for  the 
southeast  corner  of  said  house  about  13  feet  eastward  of  the 
nortlieast  corner  of  the  present  meeting  house  in  said  society, 
which  appeared  to  be  to  the  satisfaction  of  the  inhabitants  of 
said  society  present,  who  with  the  rest  of  said  inhabitants 
were  notified  to  be  present  on  said  day. 

John  Chester,  ) 
Henry  Allyn,  > 
Elizur  Goodrich.  ) 

The  above  report  read  and  approved  by  this  Assembly,  and 
the  said  society  are  ordered  to  build  a  meeting  house  on  said 
place. 

Forasmuch  as  Capt.  Blackleach  and  Mr.  Samuel  Addams, 
both  of  Stratford,  have  made  complaint  to  tliis  Assembly  of 
great  disorder,  &c.,  which  have  lately  happened  in  Stratford, 
by  occasion  of  one  James  Davenport  and  others  convening 
great  numbers  of  people  together  in  several  parts  of  said 
town,  which  complaint  this  Assembly  thought  proper  to  enquire 
into,  thereby  to  prevent  any  growing  disorders  in  this  Colony 
thereupon,  having  heard  the  evidences  produced  by  the  King's 
Attorney  to  prove  said  complaint,  and  also  the  witnesses  pro- 
duced by  the  said  Davenport  on  his  behalf,  and  the  matters 
conceded  by  him,  and  the  things  alfedged  in  his  own  defence; 
and  this  Court  further  observing  the  behaviour,  conduct,  lan- 
guage and  deportment  of  said  Davenport  in  tlie  time  of  his 
tryal,  and  what  happened  in  the  evening  after  the  matter  was 
in  hearing  aiid  not  gone  through  with :  after  consideration  of 
which  :  This  Assembly  is  of  opinion,  tliat  the  things  alledged 
and  the  behaviour,  conduct  and  doctrines  advanced  and  taught 
by  the  said  James  Davenport,  do  and  have  a  natural  tendency 
to  disturb  and  destroy  the  peace  and  order  of  this  govern- 
ment. Yet  it  further  appears  to  this  Assembly,  that  the  said 
Davenport  is  under  the  influences  of  enthusiastical  impress- 
ions and  impulses,  and  thereby  disturbed  in  the  rational  fac- 
ulties of  his  mind,  and  therefore  to  be  pitied  and  compassion- 
ated, and  not  to  be  treated  as  otherwise  he  might  be.     And 


484  PUBLIC     RECORDS  [May, 

this  Assembly  considering;  that  the  settled  place  of  his  abode 
is  in  the  town  of  Southold  on  Long  Island,  whereto  it  is  best 
he  should  be  removed :  Thereupon  it  is  ordered  by  this 
Assembly,  that  the  said  Davenport  be  forthwith  transported 
out  of  this  Colony  to  Long  Island,  to  the  place  from  whence 
he  came  and  wherein  he  is  settled ;  and  the  Governor  and 
Council  are  desired  to  take  effectual  care  that  this  order  be 
duly  executed. 

[153]  Whereas  Mr.  Benjamin  Pumroy  was  informed  against 
to  tliis  Assembly  by  Capt.  Blackleach  and  Mr.  Samuel  Addams, 
for  disorders  committed  by  liim  with  Mr.  James  Davenport  at 
the  town  of  Stratford,  and  having  heard  the  evidence  pro- 
duced against  him  and  his  own  defence :  This  Assembly  is  of 
opinion,  that  the  evidence  produced  against  said  Pumroy  are 
not  sufficient  to  make  out  anything  material  against  him ; 
and  thereupon  this  Assembly  order  tliat  he  be  dismissed. 

This  Assembly  grants  to  the  Honourable  Jonatlian  Law, 
Esq'',  Governor,  the  sum  of  sixty  pounds,  for  his  half  years 
salary  this  current  year,  to  be  paid  in  new  tenour  bills  or 
equivalent  in  the  old  tenour  bills. 

This  Assembly  grants  to  the  Honourable  Roger  Wolcott, 
Esq'',  Deputy  Governor,  the  sum  of  thirty  pounds,  for  his 
half  year's  salary  this  current  year,  to  be  paid  in  new  tenour 
bills  or  equivalent  in  old  tenour  bills. 

This  Assembly  grants  to  be  paid  out  of  the  Colony  treasury 
to  our  Agent,  Francis  Wilks,  Esq"",  for  his  salary  the  current 
year,  the  sum  of  two  hundred  and  fifty  pounds  in  bills  of 
credit  of  the  old  tenour,  or  an  equivalent  in  the  bills  of  the 
new  tenour. 

Resolved  hy  this  Assembly,  That  Nathaniel  Stanly,  Esq%  be 
directed  to  draw  out  of  the  Colony  treasury  the  Agent's  salary 
of  the  current  year,  and  send  it  to  Mr.  John  Edwards  of 
Boston,  taking  his  receipt  therefor,  that  it  may  be  forwarded 
as  soon  as  may  be  to  Mr.  Agent  Wilks. 

This  Assembly  grants  to  Colo.  John  Whiting," Treasurer  of 
this  Colony,  the  sum  of  thirty-five  pounds,  for  his  salary  the 
current  year,  to  be  paid  to  him  in  new  tenour  bills  or  equiv- 
alent in  the  old  tenour  bills. 

This  Assembly  grants  to  Mr.  Secretary  Wyllys,  for  his  sal- 
ary the  current  year,  the  sum  of  six  pounds,  to  be  paid  in 
new  tenour  bills  or  in  old  tenour  bills  equivalent. 

This  Assembly  grants  to  Mr.  Timothy  Green,  printer,  for 
his  half  years  salary  the  current  year,  the  sum  of  twelve 
pounds  in  new  tenour  bills  or  equivalent  in  old  tenour  bills. 


1742.]  OF      CONNECTICUT.  485 

Tliis  Assembly  grants  to  Mr.  Timothy  Green,  printer,  the 
sum  of  twenty-eiii'lit  pounds  in  addition  to  what  liath  hereto- 
fore been  given  him  for  printing  of  tlie  nineteen  thousand 
pounds  in  the  year  1740,  to  l)e  paid  in  old  tenour  bills  or 
equivalent  in  the  new  tenour  bills. 

Whereas  the  business  of  this  Assembly  has  drawn  out  their 
present  sessions  to  such  a  length  tliat  all  the  members  thereof 
cannot,  without  great  inconvenience,  stay  to  hear  the  records 
of  the  acts  of  this  Assembly  read  off  and  compleated :  This 
Assembly  do  appoint  Nathaniel  Stanly,  Ozias  Pitkin,  William 
Pitkin.  Esqi's,  Colo.  Joseph  Pitkin,  Mr.  Joseph  Buckingham, 
Mr.  Elisha  Williams,  Colo.  John  Chester,  Capt.  Samuel 
Mather,  Major  Henry  Allyn,  to  be  a  committee  to  attend  his 
Honour  the  Deputy  Governor,  to  hear  the  acts  and  orders  past 
at  this  Assembly  read  off,  and  then  signed  by  the  Secretary 
as  compleat. 

The  whole  Record  of  the  several  Acts,  Grants,  and  Orders 
of  this  Assembly,  as  they  stand  entered  in  the  pages  of  this 
book  next  preceding,  were  read  off  in  'the  presence  of  his 
Honour  the  Deputy  Governor  and  the  committee  abovenamed, 
and  by  them  ordered  to  be  signed  as  perfect  and  compleat. 
Test.  George  Wyllys,  Secret'y. 


[154]      Anno  Regni  Regis  G-eorgii  seeundi  decimo-sexto. 
Connecticut 

Colong. 

At  a  General    Assembly    holden    at  New  Haven,  in  his 
Majesty's  English  Colony  of  Connecticut  in  New  Eng- 
land IN  America,  on  the  second   Thursday  of  October, 
(being  the  14th  day  of  said  month,)  and  continued  by 
several  adjournments  until  the  29th  day  of  the  same 
month,  annoque  Domini,  1742.* 
JPresent  : 
The  Honourable  Jonathan  Law,  Esquire,  Governor. 
The  Honbif-  Roger  Wolcott,  Esq'",  Deputy  Governor. 
James  Wadsworth,  Esq'',       William  Pitkin,  Esq"", 
Nathaniel  Stanly,  Esq^,  Thomas  Pitch,  Esq'-, 

Joseph  Whitin'g,  Esq'",  Roger  Newton,. Esq"", 

Timothy  Pierce,  Esq'",         .  Bbenezer  Silliman,  Esqt", 
Samuel  Lynde,  Esq'",  Jonathan  Trumble,  Esq'", 

Hezekiah  Huntington,  Esqr. 

*rhe  Journal  of  neither  House  is  found. 


486  PUBLIC      EECORDS  [Oct. 

Hepresentatives  or  Deputies   that   loere   returned  to   attend  at 
this  Assemhly  are  as  follow,  (viz.) 

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

Mr.  Joshua  Raymond,  Capt.  Robert  Denison,for  New  London. 

Colo.  Jabez  Huntington,  Capt.  Eleazer  Crary,  for  Wmdham. 

Major  Henry  Allyn,  Mr.  Daniel  Bisvsell.  for  Windsor. 

Colo.  Jonathan  Hoit,  Capt.  Jonathan   Maltbie,  for  iStandford. 

Major  Ebenezer  Marsh,  Mr.  Jacolj  Griswould,  for  Litchfield. 

Capt.  Stephen  Lee,  Major  Daniel  Ely,  for  Lyme. 

Mr.  Ebenezer  Holebrook,  Mr.  Samuel  Sumner,  for  Pomfrett. 

Capt.  John  Perry,  Mr.  Robert  Knowlton,  for  Asliford. 

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

Major  James  Lockwood,  Mr.  Samuel  Fitch,  for  Norwalk. 

Mr.  Samuel  Canfield,  Mr.  Nathaniel  Bostwick,  for  New  Mil- 
ford. 

Mr.  Noah  Hinman,  Mr.  Samuel  Minor,  for  Woodbury. 

Mr.  Jedadiah  Chapman,  Mr.  Nathaniel  Clark,  for  Saybrook. 

Mr.  Elihu  Chauncey,  Capt.  Robert  Fairchild,  for  Durham. 

Capt.  Jonathan  Allyn,  Mr.  John  Hitchcock,  for  New  Haven. 

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

Capt.  Simon  Lothrop.  Mr.  Joseph  Kingsbury,  for  Norwich. 

Mr.  John  Hart,  Mr.  Asahel  Strong,  for  Farmingtown. 

Mr.  Joseph  Strong,  Mr.  Peter  Buel,  for  Coventry. 

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

Mr.  Joseph  Leavinze,  Mr.  John  Clough,  for  Killingly. 

Colo.  John  Bulkley,  Capt.  Nathaniel  Foot,  for  Colchester. 

Mr.  Nathaniel  Harrison,  Mr.  Robert  Foot,  for  Brandford.  * 

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

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

Mr.  Gershom  Clark,  Mr.  Eliakim  Tupper,  for  Lebanon. 

Mr.  Hezekiah  Brainerd,  Mr.  Thomas  Brooks,  for  Haddam. 

Colo.  John  Dyer,  Capt.  Joseph  Addams,  for  Canterbury. 

Capt.  John  Avery,  Capt.  Samuel  Coit,  for  Preston, 

[155]  Mr.  Robert  Dixson,  Mr.  Charles  Campbell,  for  Volun- 
town. 

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

Mr.  Noadiah  Brainerd,  for  East  Haddam. 

Capt.  John  Whiting,  Mr.  Joseph  Denison,  for  Stonington. 

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

Mr.  James  Benedict,  Mr.  Samuel  Smith,  for  Ridgfield. 

Capt.  James  Bebee,  Mr.  Thomas  Benedict,  for  Danbury. 

Capt.  Theophilus  Nickols,  Capt.  Joseph  Blackleach,  for  Strat- 
ford. 

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

Capt.  Thomas  Stephens,  Mr.  John  Douglass,  for  Plainfield. 

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


1742.]  OP      CONNECTICUT.  487 

Capt.  Joliii  Mead,  for  Greenwich. 

Mr.  Abel  Gun,  Mr.  Joseph  Hull,  for  Derby. 

Major  Jabez  Haniliu,  Mr.  Seth  Wetmorc,  for  Midletown. 

Mr.  John  Lane,  Mr.  Jon"i.  Lane,  for  Killingsworth. 

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

Mr.  John  Southniaid,  Capt.  Sam'  Heacox,  for  Waterbury. 

Major  Andrew  Burr,  Speaker,    )    of  the    House   of  Repre- 

Capt.  John  Fowler,  Clerk,  \        sentatives. 

This  Assembly  do  establish  and  confirm  Mr.  John  Ferris  to 
be  Captain  of  the  company  or  trainband  in  the  parish  of 
Standwich,  and  order  that  he  be  commissioned   accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Stephen  White 
to  be  Lieutenant  of  the  company  or  trainband  a1!  the  parish 
of  Standwich,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Timothy  Wal- 
ker to  be  Captain  of  the  first  company  or  trainband  in  the 
town  of  Woodberry,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Elisha  Stod- 
dard to  be  Lieutenant  of  the  1st  company  or  trainband  in 
the  town  of  Woodberry,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Zadock  Hurd 
to  be  Ensign  of  the  first  company  or  trainband  in  the  town 
of  Woodberry,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Starr 
to  be  Captain  of  the  company  or  trainband  in  Midletown, 
(called  the  South  Farm  company,)  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  John- 
son to  be  Ensign  of  the  company  or  trainband  in  Midletown, 
(called  the  South  Farm  company,)  and  order  that  he  be  com- 
missioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Hol- 
land to  be  Captain  of  the  company  or  trainband  part  in  the 
town  Canterbury,  part  in  Fomfret,  part  in  Mortlake,  and  order 
that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Henry  Bacon 
to  be  Ensign  of  the  company  or  trainband  part  in  the  town  of 


488  PUBLIC      RECORDS  [Oct. 

Canterbury,  part  in  Pomfret,  part  in  Mortlake,  and  order  that 
lie  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samnel  Cook 
to  be  Captain  of  the  south  company  or  trainband  in  the  south 
part  of  New  Cheshire  parish,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr  John  Hodg- 
kins  to  be  Lieutenant  of  the  south  company  or  trainband  in 
the  south  part  of  New  Cheshire  parish,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Caleb  Mathews, 
jun.,  to  be  Ensign  of  the  south  company  or  trainband  in  the 
south  part  of  New  Cheshire  parish,  and  order  that  he  be  com- 
missioned accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Tilley  Blachley 
to  be  Ensign  of  the  3d  company  or  trainband  in  tbe  town 
of  Woodberry,  and  order  that  he  be  commissioned  accord- 
ingly.. 

[156]  This  Assembly  do  establish  and  confirm  Mr.  Daniel 
Lawrence  to  be  Lieutenant  of  the  company  or  trainband 
in  the  town  of  Canaan,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Ebenezer  Lo- 
th rop  to  be  Lieutenant  of  the  1st  company  or  trainband  in 
the  town  of  Norwich,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Peter  Hunt- 
ington to  be  Ensign  of  the  1st  company  or  trainband  in  the 
town  of  Norwich,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Richard  01m- 
stead  to  be  Captain  of  the  company  or  trainband  in  the  town 
of  Ridgefield,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Benjamin 
Hoyt  to  be  Lieiitenant  of  the  company  or  trainband  in  the 
town  of  Ridgfield,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Josiah  Gil- 
bert to  be  Ensign  of  the  company  or  trainband  in  the  town  of 
Ridgfield,  and  order  that  he  be  commissioned  accordingly. 


1742.]  OP      CONNECTICUT.  489 

This  Assembly  do  establish  and  confirm  Mr.  Robert  Camp- 
bel  to  be  Ensign  of  the  south  company  or  trainband  in  the 
town  of  Voluntown,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establisli  and  confirm  Mr.  Robert  Dix- 
son  to  be  Captain  of  the  north  comi^any  or  trainband  in  the 
town  of  Voluntown,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Park 
to  be  Lieutenant  of  the  north  company  or  trainband  in  the 
town  of  Voluntown,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Robert  Park 
to  be  Ensign  of  the  north  company  or  trainband  in  the  town 
of  Voluntown,  and  order  that  lie  be  commissioned  accord- 
ingly. 

Upon  the  memorial  of  Barnabas  Baldwin,  agent  in  behalf 
of  tlie  society  of  Amity,  praying  this  Assembly  to  have  lib- 
erty to  imbody  into  church  estate  :  Tliis  Assembly  grants 
liberty  to  said  society  to  imbody  into  church  estate,  with  the 
advice  and  approbation  of  the  neighbouring  churches. 

Whereas  his  Honour  the  Governor  hath  laid  before  this 
Assembly  a  copy  of  an  act  of  Assembly  in  the  Colony  of 
Rhode  Island,  appointing  a  committee  to  joyn  a  committee  to 
be  appointed  by  this  Colony,  to  erect  a  large  monument  at 
Warwick  south-west  corner,  in  the  line  dividing  between  this 
Colony  and  that  of  Rhode  Island,  in  the  same  place  that  was 
settled  and  agreed  upon  by  the  committees  appointed  by  l)otli 
said  Colonies  some  years  past ;  as  also  a  letter  from  the  Hon- 
ourable William  Green,  Esq"",  informing  that  the  committee 
from  said  Colony  of  Rhode  Island  will  attend  that,  service  at 
Warwick  aforesaid,  on  the  24th  day  of  November  next :  Re- 
solved by  this  Assembly,  that  the  Honourable  Roger  Wolcott, 
Esq"",  James  Wadsworth  and  Timothy  Pierce,  Esq'"%  or  any 
two  of  them,  be  a  committee  to  joyn  the  committee  from  the 
Colony  of  Rhode  Island,  for  tlie  service  aforesaid.  And  they 
are  hereby  directed  to  take  with  them  Mr.  Humphrey  Avery, 
as  a  surveyour  to  assist  them  in  that  service. 

This  Assembly  do  establish  and  confirm  Mr.  Macock  Ward 
to  be  Captain  of  the  2d  company  or  trainband  in  the  town 
of  Wallingford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Aaron   Cook 
to  be  Lieutenant  of  the  2d  company  or  trainband  in  the  town 
62 


490  PUBLIC      RECORDS  [Oct. 

of  Wallingford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Eliakim  Hall 
to  be  Ensign  of  the  second  company  or  trainband  in  the  town 
of  Wallingford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Elisha  An- 
drews to  be  Lieutenant  of  the  second  company  or  trainband 
in  the  town  of  Glassenbury,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Timothy  Hol- 
lister  to  be  Ensign  of  the  second  company  or  trainband  in 
the  town  of  Glassenbury,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Ebenezer 
Hartshorn  to  be  Quarter-Master  of  the  Troop  in  the  Sd  regi- 
ment in  this  Colony,  and  order  that  he  be  commissioned  ac- 
cordingly. 

[157]  This  Assembly  do  appoint  Mr.  John  Beach  to  be  a 
Justice  of  the  Peace  in  and  for  the  county  of  Hartford  for  the 
current  year. 

The  Gentleinen  nominated  by  the  Votes  of  Freemen 

of  this  Colony,  (bro't  in  to  this  Assembly,)  to  stand 

for  Election  in  May  next,  are  as  follo^A^,  (viz:) 

The  Honourable  Jonathan  Law,  Esquire, 

The  Honbi'^  Roger  Wolcott,  EsqS 
James  Wadsworth,  Esq"",  Ebenezer  Silliman,  Esq"", 

Nath'  Stanly,  Esq"",  Jonathan  Trumble,  Esq"", 

Joseph  Whiting,  Esq"",  Hezekiah  Huntington,  Esq"", 

Ozias  Pitkin,  Esq"",  Colo.  John  Bulkley, 

Timothy  Pierce,  Esq'",  Major  Andrew  Burr, 

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

William  Pitkin,  Esq"",  Colo.  Samuel  Hill, 

Thomas  Fitch,  Esq'',  Mr.  John  Griswould, 

Roger  Newton,  Esq^,  Mr.  Elisha  Williams. 

An  Act  in  Addition  to  a  Law  entituled  An  Act  direct- 
ing proceeding  against  Forceable  Entry 
and  Detainer. 

Whereas  in  said  act  no  direction  is  given  for  proceeding  in 
those  cases  wherein  the  sheriff  is  a  party  concerned :  For 
remedy  whereof. 

Be  it  enacted  hy  the  Governor,  Conncil  and  Representatives, 
in  General  Court  assembled,  and  hy  the  authority  of  the  same. 
That  when  it  shall  so  happen  that  the  sheriff  is  either  party, 
or  shall  stand  in  the  relation  of  father  or  son,  by  nature  or 
marriage,  or  of  a  brother  in  tiie  like  kind,  uncle  or  nephew, 


1742.]  OF      CONNECTICUT.  491 

landlord  or  tenant,  to  either  of  the  parties,  then  and  in  such 
case,  either  of  the  constables  in  the  town  where  the  facts  are 
said  to  be  done  shall  have  all  the  powers  and  authorities  that 
the  slieriffs  by  law  are  vested  with  ;  any  law,  usage  or  custom 
to  the  contrary  notwithstanding. 

This  Assembly  do  order  and  direct  the  Treasurer  of  this 
Colony,  Colo.  John  Whiting,  to  attend  the  Assembly  on  Tues- 
day the  26th  day  of  October  instant,  and  bring  with  him  a 
sufficiency  of  the  bills  of  credit  in  his  hands  to  defray  the 
charges  of  this  Assembly. 

Upon  the  memorial  of  the  north  parish  in  the  township  of 
New  Fairfield,  by  their  agent  Jonathan  Morgan,  prayiiig  this 
Assembly  to  grant  a  tax  on  all  the  lands  laid  out  in  said  par- 
ish, to  enable  said  parish  to  build  a  meeting  house  in  said 
parish  for  divine  service  :  Tiiis  Assembly  grant  that  a  tax  be 
levyed  on  all  the  lands  laid  out  in  said  parish  and  granted  to 
be  laid  out,  of  four  pence  per  acre  yearly ;  and  the  acres  to 
be  computed  according  to  the  grant  of  said  division  ;  and  the 
tax  to  continue  for  four  years  next  coming.  And  also,  this 
Assembly  do  appoint  Ephraim  Hubbel  of  said  parish  to  be 
the  collector,  with  full  power  to  gather  said  tax. 

On  the  memorial  of  Mehitabel  Tyler,  administratrix  on  the 
estate  of  Joseph  Tyler,  late  of  Wallingford,  deceased,  shew- 
ing that  the  debts  and  charges  upon  said  estate  surmount 
the  personal  estate  of  said  deceased  <£104  18s.  Od.,  praying  for 
liberty  to  sell  so  much  of  the  land  of  said  deceased  as  will  be 
sufficient  to  pay  said  debts :  Resolved  by  this  Assembly,  that 
the  memorialist  may,  and  hereby  is  authorized  to  make  sale 
of  so  much  of  the  said  lands  as.  will  raise  the  said  sum  of 
.£104  18.S,  Ot?.,  she  first  taking  the  direction  of  the  court  of 
probates  in  New  Haven  in  said  county  in  the  premises. 

Upon  the  memorial  of  Esther  Hill,  administratrix  on  the 
estate  of  Isaac  Hill,  late  of  Wallingford,  deceased,  shewing 
this  Assembly  that  tlie  debts  due  from  said  estate  •surmount 
the  moveable  estate  the  sum  of  <£287  9s.  Sd.,  and  praying  for 
liberty  to  sell  lands,  &c. :  Granted  by  this  Assembly  liberty  to 
the  said  administratrix,  to  sell  so  much  of  the  lauds  of  the 
said  deceased,  taking  the  advice  of  the  court  of  probates  in  the 
district  of  New  Haven,  as  to  enable  the  said  administratrix 
to  pay  the  aforesaid  debts  with  the  necessary  charges  arising 
on  the  sale  of  said  lands. 

[158]  Upon  the  report  of  Samuel  Lynde,  Jonathan  Trumble 
and  John  Richards,  a  committee  appointed  at  the  sessions  of 
this  Assembly  in  May  last,  and  impowered  in  behalf  of  the 
Colony,  to  view  such  real  estate  as  should  be  offered  by  John 


492  PUBLIC     RECORDS  [Oct- 

Curtiss  of  New  London,  and  apprize  and  take  security  of  so 
much  as  might  be  sufficient  to  answer  the  executions  which 
the  Colony  had  against  the  said  John  Curtiss,  &c.,  shewing 
how  far  they  had  proceeded,  and  that  they  had  need  of  further 
instructions  and  authority  to  proceed  to  the  full  accomplish- 
ment of  the  affair  in  the  best  manner  that  might  be :  Resolved 
by  this  Assembly,  that  the  said  committee  be  fully  authorized 
and  impowered  to  take  bond  with  good  and  sufficient  surety 
or  sureties,  as  they  shall  judge  best,  of  such  able  person  or 
persons  as  shall  appear  to  give  security  for  the  remainder  of 
what  is  due  to  the  Colony  on  the  abovementioned  executions, 
together  with  what  is  due  to  the  Colony  on  a  mortgage  from 
said  Curtiss  of  some  part  of  his  farm  at  New  London ;  and 
such  bond  or  bonds  to  be  payable  to  the  Governor  and  Com- 
pany in  the  space  of  four  years  after  the  date  thereof;  togetlier 
with  good  bonds  for  the  yearly  payment  of  the  interest ;  which 
they  are  directed  to  lodge  in  the  liands  of  the  Secretary, 
and  thereupon  the  mortgage  aforesaid  to  be  duly  discharged 
in  the  common  and  ordinary  method  thereof;  and  the  said 
committee  to  discharge  the  remainder  of  said  executions. 
And  the  said  committee  are  further  impowered  and  authorized 
to  take  the  care  and  oversight  of  the  house  and  lands  in  the 
town  of  New  London  which  they  have  taken  of  John  Curtiss 
in  behalf  of  the  Colony,  and  do  what  they  shall  judge  necessary 
for  rendering  the  house  profitable  to  the  Colony,  either  for  the 
sale  or  letting  thereof  to  the  best  advantage.  And  they  are  fully 
authorized  and  impowered  to  make  sale  thereof,  or  to  let  the 
same  out  on  rent  for  such  term  as  they  shall  judge  best,  and 
as  a  committee  in  the  name  of  the  Governor  and  Company, 
duly  to  execute  a  deed  of  conveyance,  lease  or  leases,  which 
shall  be  necessary,  and  to  take  securities  to  the  Governor  and 
Company  of  this  Colony  accordingly. 

Upon  the  petition  of  Jonathan  Riley,  Stephen  Riley  and 
Josiah  Griswould,  all  of  Weathersfield  in  the  county  of  Hart- 
ford, vs.Wifliam  Warner,  jun.,  of  said  Weathersfield,  complain- 
ing of  a  judgment  of  the  superior  court  in  September,  A.  D. 
1741,  on  an  obligatory  bond  from  the  petitioners  for  the  pay- 
ment of  five  hundred  pounds  to  the  petitionee,  dated  27th  of 
May,  A.D.  1740,  and  conditioned  for  their  executing  a  deed 
of  conveyance  of  five  acres  and  three  quarters  of  land,  lying 
in  the  parish  of  Stepney  in  said  town,  with  the  house  and 
barn  thereon,  to  the  petitionee  at  or  before  the  1st  of  July 
then  next ;  shewing  that  by  extraordinary  providence  they 
were  prevented  a  hearing  before  said  court  to  shew  reasons 
wherefore  the  said  obligation  should  be  chancered ;  and  now 
praying  that  the  said  judgment  of  the  superior  court  may  be 


1742.]  OP     CONNECTICUT.  493 

set  aside,  and  the  petitioners  have  liberty  to  be  heard  in  chan- 
cery on  said  bond  before  the  su]5erior  court  at  Hartford  in 
March  next ;  as  by  the  petition  on  file  may  more  fully  appear, 
reference  thereunto  being  had  :  Resolved  by  this  Assembly, 
that  the  petitioners,  on  their  paying  all  the  lawful  costs  already 
arisen  by  the  said  judgment  and  doings  thereon,  to  the  peti- 
tionee, shall  thereupon  have  liberty  to  be  heard  on  the  action 
on  the  said  bond  before  the  superior  court  at  Hartford  in 
March  next ;  and  the  costs  of  this  Assembly,  and  other  future 
cost,  to  follow  the  final  judgment. 

On  the  memorial  of  Eleazer  Beacher,  of  NewMilford  in  the 
Colony  of  Connecticut,  administrator  on  the  estate  of  Joseph 
Ovit,  of  said  New  Milford,  deceased,  shewing  to  this  Assembly 
that  it  is  just  and  necessary,  and  praying  for  liberty  to  sell  so 
much  of  the  real  estate  of  said  deceased  as  will  amount  to  the 
sum  of  X42  Is.  Id.  to  answer  the  debts  due  from  said  estate, 
and  for  bringing  up  a  young  child  left  by  said  deceased:  This 
Court  do  authorize  and  fully  impower  said  Beacher,  wdtli 
the  advice  of  the  court  of  probate  for  the  district  of  Wood- 
berry,  to  sell  so  much  of  the  lands  of  said  deceased  as  will 
amount  to  the  sum  of  forty-two  pounds  one  shilling  and  one 
penny  with  the  incident  charges  that  shall  arise  thereon. 

[159]  Upon  the  memorial  of  Lydia  Bishop,  widow  of  Caleb 
Bishop,  late  of  Guilford,  deceased,  shewing  to  this  Assembly 
that  Lydia  Bishop,  daugliter  of  said  deceased,  has  been  for 
some  time  past  deprived  of  her  reason,  and  thereby  rendered 
uncapable  of  providing  for  herself,  and  is  destitute  of  personal 
estate  sufficient  to  support  her  while  she  continues  under  such 
incapacity ;  and  thereupon  prays  that  some  suitable  persons 
may  be  appointed  to  sell  so  much  of  the  lands  of  said  Lydia 
the  second,  as  may  be  sufficient  for  her  support  during  her 
indisposition  :  This  Assembly  appoints  and  fully  impowers 
Messrs.  Samuel  Hill  and  Ebenezer  Bishop,  of  said  Guilford, 
from  time  to  time  as  there  may  be  occasion,  to  sell  so  much 
of  the  lands  of  the  said  Lydia  Bishop  the  second",  as  may  be 
needful  for  her  comfortable  support  during  the  time  she  shall 
remain  uncapable  of  taking  care  of  and  providing  for  herself. 

Upon  the  memorial  of  Daniel  Hurd,  jun.,  of  Killingsworth, 
shewing  this  Assembly  that  he  had  lost  his  hearing  wholly, 
by  sickness,  and  praying  that  his  head  might  be  for  the  future 
freed  from  publick  taxes,  <fec. :  This  Assembly  grants  that 
the  said  Hurd  be  freed,  and  he  is  hereby  freed,  from  paying 
taxes  for  his  head  accordingly. 

This  Assembly  do  estabhsh  and  confirm  Mr.  Jonathan  Allen 
to  be  Lieutenant  of  the  fourth  company  or  trainband  in  the 


494  PUBLIC      RECORDS  [Oct. 

town  of  Midletown,  and  order  that  he  bo  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jacob  Whit- 
more  to  be  Ensign  of  the  fourth  company  or  trainband  in  the 
town  of  Midletown,  and  order  that  he  be  commissioned  ac- 
cordingly. 

Tliis  Assembly  do  establish  and  confirm  Mr.  Timothy 
Cleaveland,  to  be  Ensign  of  tlie  2d  company  or  trainband  in 
the  town  of  Canterljury,  and  order  that  lie  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Robert  Foot 
to  be  Captain  of  the  2d  company  or  trainband  in  the  town 
of  Brandford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr,  Samuel 
Morgan  to  be  Ensign  of  tUe  first  company  or  trainband  in 
the  town  of  Preston,  and  order  that  he  be  commissioned  ac- 
cordingly. 

On  the  petition  of  William  Ely,  jun.,  of  Lyme,  vs.  Sam 
nel  Ely,  Elisha  Shelden  and  Elizabeth  his  wife,  of  Lyme  : 
The  question  was  put,  whether  the  pleas  offered  by  the  re- 
spondents in  abatement  of  the  said  petition,  as  on  file,  are 
sufficient :  Resolved  by  this  Assembly  in  the  affirmative. 
Cost,  X3  18s.  M.     Ex.  granted  May  ISth,  1743, 

Upon  the  memorial  of  Mr.  Stephen  Heaton,  John  Beach, 
&c.,  inhabitants  of  the  town  of  Goshen,  representing  that  they 
were  disappointed  and  prevented  setting  their  meeting  house 
on  a  certain  spot  by  the  committee  in  their  report  in  October 
last  ascertained  and  described  by  a  stake  by  them  to  that 
purpose  set  down,  and  praying  that  the  said  house  may  be 
ordered  to  be  erected  about  four  rods  distant  and  eastward 
from  said  stake,  as  per  their  memorial  on  file,  dated  October 
14th,  1742  :  Resolved  by  this  Assembly,  that  the  said  meet- 
ing house  be  erected,  and  the  committee  by  the  inhabitants  of 
said  town  appointed,  or  to  be  appointed,  to  that  purpose  are 
hereby  ordered  and  directed  to  take  care  that  the  said  meet- 
ing house  be  erected,  about  four  rods  distant  and  eastward 
from  the  said  stake  by  the  said  committee  erected  as  afore- 
said. 

Whereas  this  Assembly,  at  their  sessions  in  May  last,  upon 
the  memorial  of  David  Sage,  Jonathan  Edwards,  Samuel 
Hart,  and  others  of  Midletown,  praying  to  be  a  distinct  so- 
ciety, &c.,  and  of  Thomas  Hart  &c.,  of  the  parish  of  Ken- 
sington, praying  that  a  committee  might  be  appointed  and 
diiected  to  inspect  the  circumstances  of  said  parish,  and  also 


1742.]  OP      CONNECTICUT.  495 

tliat  part  of  said  Midletown  praying  to  he  a  society  as  afore- 
said, did  thereupon  appoint  Messrs.  Joseph  Pitkin,  Joseph 
Buckingham  and  Jolni  Edwards,  a  committee  to  inspect  as 
aforesaid,  and  report  their  opinion  in  the  whole  of  the  prem- 
ises to  this  Assembly  now  sitting  ;  which  committee,  upon 
viewing  as  aforesaid,  not  then  drawing  up  their  report  in  said 
affair,  have  not  united  in  a  report  in  the  premises,  but  -have 
failed  thereof  according  to  their  instructions  in  the  premises 
given  them  by  said  Assembly  in  May  last :  On  consideration 
whereof, 

It  is  noiv  resolved  hy  this  Assembly,  That  Ebenezer  Silliman, 
Esqr,  Capt.  John  Fowler  and  Capt.  Theophilus  Nickols,  be  a 
[IGO]  committee,  at  the  cost  of  the  ||  memorialists,  to  repair 
to  said  parish  of  Kensington  and  Midletown,  and  view  the 
whole  circumstances  of  the  parish  of  Kensington  and  that 
part  of  Midletown  prayed  for  to  be  a  society,  (first  notifying 
all  parties  concerned,)  and  make  their  report  to  this  Assembly 
in  May  next,  giving  their  opinion  in  the  premises. 

Upon  the  memorial  of  Isaac  Willey,  Stephen  Scovel,  John 
Comestock  and  others,  members  of  the  first  society  in  East 
Haddam  and  the  third  society  in  Lyme,  preferred  to  this  As- 
sembly in  May  last,  and  the  report  of  the  committee  thereon  to 
this  Assembly  in  their  present  sessions,  proposing  that  the  me- 
morialists be  formed  into  a  distinct  society  for  carrying  on  the 
w^orship  of  God  among  themselves,  according  to  the  bounds 
and  limits  therein  specified  :  This  Assembly  do  enact,  decree 
and  order,  that  the  said  Isaac  Willey,  Stephen  Scovel,  John 
Comestock,  and  the  rest  of  the  inhabitants  of  the  parish  here- 
.  after  described,  be,  and  they  are  hereby,  imbodyed  and  made 
one  distinct  ecclesiastical  society,  by  the  name  of  Hadlyme  ; 
and  that  the  bounds  thereof  be  as  follows,  (yiz:^  Beginning 
at  a  white  oak  tree  standing  by  the  great  river,  being  ac- 
counted the  bounds  between  Lyme  and  East  Haddam,  thence 
running  southwardly  to  William  Clemens  (including  Mr.  Sel- 
dcn's  farm  by  the  river,)  thence  eastward  from  said  Clemons's 
house  ujito  the  house  where  Consider  Tiffany  now  lives,  in- 
cluding that  house,  thence  running  northeasterly  to  the  south- 
east corner  of  James  Moss's  farm,  thence  running  northerly 
by  said  Moss's  land  to  the  reputed  bounds  of  East  Haddam  ; 
then  beginning  at  said  white  oak  tree  by  the  river,  from 
thence  extending  one  mile  and  three  quarters  north  by  the 
river,  and  from  the  extreme  of  that  extent  easterly  to  James 
Booge's  house,  including  said  house,  thence  easterly  to  Elijah 
Ackley's  house,  including  said  house,  from  thence  east  unto 
the  line  of  Millington  parish,  and  from  thence  southerly  by 
said  Millington  line  unto  the  line  between  said  East  Haddam 


496  PUBLIC      RECORDS  [Oct. 

and  Lyme,  and  by  the  last  mentioned  line  unto  Moss's  land 
aforesaid. 

Upon  the  petition  of  Samuel  Lewis,  of  Farmingtown,  in 
Hartford  county,  praying  for  another  tryal  in  an  action 
wherein  Isaac  Dickerman  of  New  Haven  was  plaintiff  and  the 
said  Samuel  Lewiss  defendant,  wherein  judgment  had  been 
rendered  against  him  by  default,  at  an  adjourned  county 
court  held  at  New  Haven  on  the  last  Monday  of  April,  1741, 
as  set  forth  in  his  petition  on  file,  dated  October  13th, 
1742 :  Resolved  by  tliis  Assembly,  that  the  petitioner  have 
liberty  of  another  tryal  of  said  action  at  the  county  court  to 
be  iiolden  at  New  Haven  in  and  for  New  Haven  county  on  the 
second  Tuesday  of  November  next,  he  first  paying  down  to 
the  petitionee  the  cost  taxed  at  the  former  court ;  and  that 
the  future  cost  only  follow  the  judgment  in  said  case  to  be 
given. 

Upon  the  petition  of  Thomas  Starke,  Samuel  Lord,  &g., 
shewing  to  this  Assembly  that  Charles  Hazelton  of  Killings- 
worth  brought  his  action  against  Amaziah  Busli  and  Elizabeth 
his  wife,  at  the  county  court  holden  at  New  London  on  the 
second  Tuesday  of  June,  A,  D.  1742,  pretending  that  certain 
parcels  of  land,  mentioned  in  said  Hazelton's  writ,  were 
holden  by  the  said  Bush  and  his  said  wife  and  they  were  then 
in  possession  thereof,  whereas  the  petitioners  were  then  seized 
and  in  actual  possession  of  all  those  lands,  and  that  they  were 
never  advised  of  the  said  suit,  nor  knew  nothing  thereof ;  and 
that  the  same  suit  was  in  a  very  deceitful  and  collusive  man- 
ner contrived  between  said  Hazelton  and  Bush,  thereby  to 
disseize  the  petitioners  of  their  respective  freeholds ;  and  that 
accordingly  the  said  Bush  did  not  appear  in  said  court, 
whereupon  his  default  was  entered :  but  the  court  being  in- 
formed by  some  fi-iends  that  said  action  was  brought  with  an 
intent  to  wrong  the  tenants  in  possession,  so  that  no  judgment 
was  entered  up  against  the  said  Bush  and  his  wife :  Where- 
upon this  Assembly  do  order  and  direct,  that  if  the  county 
court,  to  be  holden  in  New  London  county  in  November  next, 
be  not  fully  satisfied  by  the  said  Hazelton  that  the  said  Bush 
and  his  wife  were  in  the  possession  of  the  said  lands  when 
the  said  suit  was  commenced,  that  the  same  be  dismissed  by 
the  said  court. 

[161]  Upon  the  memorial  of  Edward  Aldridge,  of  Ux- 
bridge  in  the  Province  of  the  Massachusets  Bay,  and  Jonathan 
Richardson,  late  of  Providence,  alias  Gloucester,  in  the  Col- 
ony of  Rhode  Island,  now  both  in  the  common  goal  in  the 
CJunty  of  Hartford  and  lately  convicted  of  uttering  counter- 


1742.]  OF      CONNECTICUT.  497 

feit  bills  of  publick  credit  on  the  Colony  of  Rhode  Island, 
knowing  them  to  be  such,  and  sentenced,  among  other  penal- 
ties, \o  a  perpetual  confinement  to  a  work-house  and  not  to 
depart  without  the  special  Ij^cence  of  this  Court ;  praying  this 
Court  to  grant  them  liberty  to  depart  out  of  said  goal  on  their 
paying  cost  &c. :  Resolved  by  this  Assembly,  that  upon  the 
said  Aldridge  and  Richardson's  paying  into  the  treasury  of 
this  Colony  the  cost  taxed  against  them,  respectively,  by  the 
superior  court,  and  the  cost  of  their  imprisonment  and  support 
there  till  released,  and  the  premium  paid  by  this  government 
to  the  informer  against  them,  which  is  forty  pounds,  they, 
the  said  Aldridge  and  Richardson,  shall  be  released  from  said 
goal,  and  they  are  hereby  released  and  have  liberty  to  depart 
out  of  this  Colony.  Always  provided,  that  if  the  said  Al- 
dridge and  Richardson,  or  either  of  them,  shall  at  any  time, 
ten  days  after  their  release  as  aforesaid,  be  ever  found  within 
the  limits  of  this  Colony,  they  shall  be  lyable  to  be  appre- 
hended and  sent  to  a  work-house,  where  they  shall  continue 
under  the  care  of  a  master  till  death  ;  anything  in  this  resolve 
and  grant  of  a  release  to  them,  as  aforesaid,  notwithstanding. 
Upon  the  memorial  of  Sarah  Marty n,  of  Boston  in  the 
county  of  Suffolk,  shewing  to  this  Assembly  that  one  Joseph 
Wittar,  formerly  of  Preston  in  New  London  county,  did  by 
his  deed,  dated  August  3d,  1733,  give  and  grant  unto  the 
Governor  and  Company  of  this  Colony  140  acres  of  land,  ly- 
ing in  Preston  aforesaid,  bounded  as  in  said  deed,  for  the 
consideration  of  seven  hundred  pounds,  which  deed  was  to  be 
avoided  and  made  void  by  his,  or  his  heirs,  executors  or  ad- 
ministrators, paying  to  the  Treasurer  of  this  Colony  the  sum 
of  seven  hundred  pounds,  either  in  silver  at  twenty  shillings 
per  ounce  troy  weight,  or  in  true  bills  of  publick  credit  of  this 
Colony,  on  or  before  the  first  day  of  May,  1741 ;  shewing 
also,  that  by  two  judgments  of  the  county  court  held  at  New 
London  in  June,  a7i7io  Bom.  1737,  she  recovered  judgment 
against  said  Wittar  for  the  sum  of  =£620  16.s.  Qd.  in  the 
whole,  and  that  on  the  7th  day  of  January  after  she  had  exe- 
cutions on  said  judgments  levied  on  the  said  lands  ;  and  pray- 
ing that  she  may  have  leave  to  redeem  said  land  from  said 
mortgage  deed,  and  that  the  same  may  be  released  to  her,  on 
her  paying  what  is  due  on  said  deed :  Whereupon  it  is  re- 
solved, that  upon  the  said  Sarah  Martyn,  or  her  attorneys, 
going  and  offering  to  pay  to  the  Treasurer  of  this  Colony  the 
said  seven  hundred  pounds,  in  silver  as  in  said  deed,  or  in 
true  bills  of  this  Colony,  as  also  the  interest  of  said  sum  from 
the  first  day  of  May,  1741,. to  the  time  she  shall  offer  to  pay 
'63 


498  PUBLIC      RECORDS  [Oct. 

the  same ;  provided  that  within  six  months  he  shall  receive 
the  same  and  give  a  receipt  that  he  hath  received  the  said  sum 
in  full ;  and  that  upon  the  said  Sarah  Martyn  or  her  attorneys 
producing  such  receipt  and  delivering  the  same  to  Nathaniel 
Stanly  and  George  Wyllys,  Esqi's,  they  shall,  and  hereby  are 
enabled  to  give  a  deed  of  release  of  all  the  right  of  this  Col- 
ony in  said  land  to  said  Sarah  and  her  heirs,  under  the  seal 
of  this  Colony,  and  signed  by  their  names;  and  the  same  shall 
be  always  received  as  good  evidence  for  the  passing  all  the 
said  Colony's  right  in  said  land  to  her  and  her  heirs. 

Upon  the  memorial  of  Joshua  Henshaw  of  Boston,  shewing 
to  this  Assembly  that  four  hundred  acres  of  land,  formerly 
granted  by  this  Assembly  to  Humphrey  Davye  and  his  wife 
Sarah,  and  afterwards  ordered  by  this  Assembly  to  be  laid  out 
by  one  of  the  county  surveyours  to  Humphrey  Davye  their 
only  son,  was  accordingly  laid  out  by  Mr.  John  Plumb,  sur- 
veyour  of  the  county  of  New  London,  east  of  Woodstock,  at 
a  place  called  Quinnetusset ;  and  shewing  the  same  four 
hundred  acres  is  derived  from  the  said  Humphrey  the  son, 
[162J  by  sundry  mean  conveyances  ||  to  the  memorialist  and 
his  wife  Elizabeth,  (viz.')  one  half  to  the  said  Joshua  and  the 
other  half  to  him,  said  Joshua,  and  his  said  wife  Elizabeth 
joyntly ;  and  thereupon  praying  for  a  patent  accordingly : 
Resolved  by  this  Assembly,  that  the  memorialist  and  his  said 
wife  shall  have  a  patent  for  the  said  four  hundred  acres, 
bounded  according  to  the  survey  thereof  made  by  the  said 
John  Plumb,  dated  New  London  March  23d,  1715-16,  accord- 
ing to  the  proportion  above  set  forth,  signed  by  the  Governor 
and  Secretary  of  this  Colony,  as  the  law  directs. 

Upon  the  memorial  o&  Benjamin  Boardman,  of  Sharon,  and 
Deborah,  his  wife,  shewing  to  this  Assembly  the  distressed 
state  and  circumstances  of  one  Francis  Colver,  a  minor,  and 
son  of  Daniel  Colver,  late  of  Litchfield,  deceased,  and  the 
great  expence  they  have  been  and  are  necessarily  exposed  to 
in  taking  care  of  him,  and  praying  that  so  much  of  the  lands 
of  the  said  Francis  Colver,  in  the  town  of  Litchfield,  may  be 
sold  to  defray  the  same  :  This  Assembly  grants  liberty,  that 
so  much  of  the  real  estate  of  the  said  Francis  Culver 
may  be  disposed  of  as  shall  be  sufficient  to  answer  the  charges 
that  have  already  or  hereafter  may  be  expended  for  the  relief 
and  support  of  the  said  Francis  Colver.  And  Nathaniel 
Skinner,  Esq'",  of  Sharon,  is  hereby  fully  authorized  and  im- 
powered  to  make  sale  of  the  same  and  improve  the  money  for 
the  purpose  aforesaid,  he  taking  the  advice  of  the  court  of 
probate  in  the  district  to  which  he  belongs. 


1742.]  OF      CONNECTICUT.  499 

Upon  the  memorial  of  Thomas  Williams  and  Samuel  Wil- 
liams, of  New  London,  and  Jonathan  Williams,  of  Groton, 
shewing  to  this  Assembly  that  their  mother,  Mrs.  Joanna 
Rogers  of  New  London,  by  reason  of  her  great  age  is  so  im- 
paired in  her  understanding  that  she  is  unable  to  act  for  her- 
self; as  also  that  her  late  husband,  Mr.  Samuel  Rogers,  late 
of  said  New  London,  now  deceased,  did  by  his  last  will  leave 
an  estate  for  the  support  of  the  said  Joanna,  and  that  the 
same  is  in  the  hands  of  some  persons  that  will  not  suffer  it  to 
be  used  for  her  support ;  and  praying  that  some  meet  person 
may  be  by  this  Assembly  appointed  to  act  in  the  name  and 
behalf  of  the  said  Joanna :  Whereupon  it  is  resolved  by  this 
Assembly,  that  Ebenezer  Williams  of  New  London,  son  of 
the  said  Joanna  Rogers,  shall  be,  and  he  hereby  is,  appointed 
as  attorney  to  the  said  Joanna  Rogers,  in  her  name  and  for 
her  use  to  sue  for  and  recover  into  his  hands  any  sum  or 
sums  of  money  or  other  estate  that  is  due  or  belonging  to  her, 
and  the  same  being  recovered,  to  be  disposed  of  for  the  sup- 
port of  the  said  Joanna ;  and  he,  the  said  Ebenezer  Williams, 
shall  have  full  power  in  the  name  of  the  said  Joanna,  to  appear 
in  any  court  or  courts,  and  any  action  in  her  name  and  to 
her  use  to  prosecute,  and  receipts  or  discharges  in  her  name 
to  give,  upon  receipt  of  any  money  for  her  use,  as  fully  and 
amply,  to  all  intents,  as  she  might  or  could  do  if  she  had  the 
lise  of  her  reason  and  understanding. 

Upon  the  memorial  of  Capt.  Isaac  Dickerman,  administra- 
tor upon  the  estate  of  Nathaniel  Wooden,  late  of  New  Haven, 
deceased,  shewing  to  this  Assembly  that  the  debts  due  from 
said  estate  surmount  the  moveable  estate  the  sum  of  two 
hundred  twenty-eight  pounds  nine  shillings ;  praying  for 
liberty  to  sell  so  much  of  the  lands  of  the  said  deceased  as  to 
make  the  aforesaid  sum  with  the  necessary  charges  arising 
thereon :  Resolved  by  this  Assembly,  that  the  said  Isaac 
Dickerman  be  impowered,  and  he  is  hereby  impowered,  by 
and  with  the  advice  of  the  court  of  probate  in  New  Haven, 
to  sell  so  much  of  the  lands  of  the  said  deceased  as  to  make 
the  said  sum  of  two  hundred  twenty-eight  pounds  nine  shil-  • 
lings  with  the  necessary  charges  arising  thereon. 

Upon  the  memorial  of  Capt.  Ebenezer  Beacher,  agent  for 
the  society  of  Amity,  praying  to  tliis  Assembly  that  their  mil- 
itary bounds  may  be  set :  Resolved  by  this  Assembly,  that 
the  bounds  of  said  society  shall  be  the  bounds  of  their  mil- 
itary company,  and  the  souldiers  therein  shall  conform  them- 
selves to  military  orders  within  said  society  accordingly. 

[163]  Upon   the   memorial   of  Ebenezer   Barnes,   Joseph 


500  PUBLIC      RECORDS  [Oct. 

Gaylord,  and  sundry  other  persons  that  are  settled  on  the 
second,  third,  fourth,  fifth  and  sixth  divisions  of  land  in  the 
town  of  Farmingtown,  that  lye  west  of  the  reserved  lands 
(so  called)  in  said  town,  shewing  the  great  difficulties  they 
are  under  to  attend  the  publick  worship  of  God  in  the  society 
to  which  they  do  belong,  in  the  winter  season  ;  and  praying 
for  liberty  to  hire  preaching  among  themselves  for  the  winter 
season  annually :  This  Assembly  grants  to  the  memorialists 
and  such  other  persons  as  shall  settle  on  the  divisions  of  land 
abovesaid,  within  the  limits  following,  (viz:')  beginning  at 
the  south  end  of  said  divisions,  and  thence  to  extend  north 
five  miles,  liberty  of  hiring  some  orthodox  and  suitably  qual- 
ified person  to  preach  to  them  for  the  space  of  six  months 
annually  ;  said  term  to  begin*  on  the  first  of  November  ;  with 
all  such  rights  and  privileges  as  are  allowed  by  law  to  other 
such  societies  in  this  Colony. 

Upon  the  memorial  of  Anna  Clark,  praying  for  liberty  to 
sell  land,  shewing  to  this  Assembly  that  the  debts  due  from 
the  estate  of  Ebenezer  Clark,  deceased,  surmount  the  move- 
able estate  the  sum  of  £354  6s.  lOcZ. :  This  Assembly  grants 
liberty  with  full  power  to  the  said  Anna  Clark,  with  Stephen 
Thompson  of  New  Haven,  to  sell  so  much  of  the  real  estate 
of  the  said  deceased  as  may  answer  the  said  debts  and  the 
necessary  charges  arising  thereon,  taking  the  direction  of  the 
court  of  probate  for  the  district  of  New  Haven  therein. 

Upon  the  memorial  of  Samuel  Spaulding  of  Plainfield,  ad- 
ministrator on  the  estate  of  Anne  Lovejoy  of  said  Plainfield, 
deceased,  shewing  that  there  is  £13  3.S'.  M.  due  from  the 
estate  of  the  said  Anne  Lovejoy  more  than  the  moveable 
estate  of  the  said  Anne  Lovejoy  amounts  to,  and  praying  this 
Assembly  that  the  memorialist,  with  some  meet  person,  have 
liberty  to  sell  so  much  of  the  deceased's  lands  as  to  pay  the 
said  sum  of  X13  3s.  od.  with  the  necessary  charges  arising 
thereon :  Resolved  by  this  Assembly,  that  the  said  Samuel 
Spaulding  and  Mr.  John  Crary  be  substituted,  with  the  advice 
of  the  court  of  probate  in  the  district  of  Windham,  and  they 
are  hereby  substituted  and  fully  impowered,  to  sell  so  much  of 
the  land  of  the  said  Anne  Lovejoy  as  will  be  sutiicient  to  pay  the 
said  sum  of  <£13  3s.  Zd.  and  the  charges  of  selling  the  same. 
An  Act  relating  to,  and  for  the  better  regulating 
Schools   of  Learning.* 

Whereas  by  sundry  acts  and  laws  of  this  Assembly,  they 

*  This  act  was  designed  to  put  down  an  institution  of  the  New  Lights  or  separates, 
at  New  London,  known  as  The  Shej)herd's  Tent,  which  was  conducted  by  Rev. 
Timothy  Allen,  (who  had  been  dismissed  from  A\'est  Haven  in  May,  1742,)  and  was 
designed  as  an  academy  for  educating  young  men  to  become  exhorters,  teachers  and 
ministers.     Caulk.ins'  History  of  New  London,  453. 


1742.]  OF      CONNECTICUT.  501 

have  founded,  erected,  endowed  and  provided  for  the  main- 
tenance of  a  college  at  New  Haven,  and  inferiour  schools  of 
learning  in  every  town  or  parish,  for  the  education  and  in- 
struction of  the  youth  of  this  Colony,  which  have  (by  the 
blessing  of  God)  been  very  serviceable  to  promote  useful 
learning  and  christian  knowledge,  and,  more  especially,  to 
train  up  a  learned  and  orthodox  ministry  for  the  supply  of 
our  churches :  And  inasmuch  as  the  well  ordering  of  such 
publick  schools  is  of  great  importance  to  the  publick  weal,  this 
Assembly,  by  one  act  entituled  An  Act  for  the  encouragement 
and  better  improvement  of  town  schools,  (page  197,*)  did 
order  and  provide,  that  the  civil  authority  and  selectmen  in 
every  town  should  be  visitors,  to  inspect  the  state  of  such 
schools,  and  to  enquire  into  the  qualifications  of  the  masters 
of  them  and  the  proficiency  of  the  children,  to  give  such 
directions  as  they  shall  think  needful  to  render  such  schools 
most  serviceable  to  increase  that  knowledge,  civility  and 
religion,  which  is  designed  in  the  erecting  of  them ;  and  in 
case  those  visitors  shall  apprehend  that  any  such  schools  are 
so  ordered  as  not  to  be  likely  to  attain  those  good  ends  proposed, 
they  shall  lay  the  state  thereof  before  this  Assembly,  who  shall 
give  such  orders  thereupon  as  they  shall  think  proper  ;  as  by 
the  said  act  may  more  fully  appear :  And  whereas  the  erecting 
of  any  otlier  schools,  which  are  not  under  the  establishment 
and  inspection  aforesaid,  may  tend  to  train  up  youth  in  ill 
principles  and  practices,  and  introduce  such  disorders  as  may 
be  of  fatal  consequence  to  the  publick  peace  and  weal  of  this 
Colony :  Which  to  prevent. 

Be  it  enacted  bi/  the  Governor,  Council  and  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  no  particular  persons  whatsoever  shall  presume  of  them- 
[164]  selves  to  erect,  establish,  set  ||  up,  keep  or  maintain, 
any  college,  seminary  of  learning,  or  any  publick  school  what- 
soever, for  the  instruction  of  young  persons,  other  than  such 
as  are  erected  and  established  or  allowed  by  the  laws  of  this 
Colony,  without  special  lycence  or  liberty  first  had  and  ob- 
tained of  this  Assembly, 

And  be  it  enacted  by  the  authority  aforesaid.  That  if  any  per- 
son shall  presume  to  act  as  a  master,  tutor,  teacher  or  in- 
structor, in  any  unlawful  school  or  seminary  of  learning 
erected  as  aforesaid,  he  shall  suffer  the  penalty  of  five  pounds 
lawful  money  per  month  for  every  month  he  shall  continue  to 
act  as  aforesaid.  And  every  grand-jury,  within  any  county 
where  such  school  or  seminary  of  learning  is  erected,  shall 

*  Passed  Oct.  1714.     Vol.  v.  462. 


502  PUBLIC      EECORDS  [Oct. 

make  presentment  of  all  breaches  of  this  act  to  the  next  as- 
sistant, justice  of  the  peace,  or  county  court. 

A7id  be  it  further  enacted  hy  the  authority  aforesaid,  That  the 
civil  authority  and  selectmen  in  each  town,  or  the  major  part 
of  them,  shall  inspect  and  visit  all  such  unlawful  schools  or 
seminaries  of  learning,  erected  as  aforesaid,  and  shall  proceed 
with  all  such  scholars,  students  or  residents  in  such  school, 
ahd  all  such  as  harbour,  board  or  entertain  them,  according 
to  the  laws  of  this  Colony  respecting  transient  persons  or  in- 
mates residing  in  any  town  without  the  approbation  of  the  se- 
lectmen. 

And  le  it  further  enacted  hy  the  authority  aforesaid,  That  if 
any  student  or  resident  in  such  school  shall  pretend  that  he 
is  bound  as  by  indenture  an  apprentice  to  learn  any  manual 
art  or  trade,  and  the  said  civil  authority  or  selectmen  shall 
suspect  that  such  indenture  was  given  only  as  a  colour  to  re- 
side in  said  town  contrary  to  law,  that  then  it  shall  be  in  the 
power  of  the  said  civil  authority  to  examine  all  the  parties  to 
such  indenture  under  oath,  in  all  such  questions  which  they 
shall  think  proper,  relating  to  the  true  intention  of  such  in- 
denture and  their  practice  thereon  ;  and  if  it  shall  appear  to 
the  said  authority  or  selectmen,  or  the  major  part  of  them, 
that  such  indenture  was  given  upon  a  fraudulent  design,  as 
aforesaid,  that  then  such  authority  shall  proceed  as  if  no  such 
indenture  had  been  made. 

And  he  it  further  enacted  hy  the  authority  aforesaid,  That  no 
person  that  has  not  been  educated  or  graduated  in  Yale  Col- 
lege, or  Harvard  College  in  Cambridge,  or  some  other  allowed 
foreign  protestant  college  or  university,  shall  take  the  benefit 
of  the  laws  of  this  government  respecting  the  settlement  and 
support  of  ministers. 

Ahvays  provided,  Nothing  in  this  act  be  construed  to  forbid 
or  prevent  any  society  allowed  by  law  in  this  Colony  to  keep 
a  school,  by  a  major  vote  in  such  society  to  order  more  par- 
ish schools  than  one  to  be  kept  therein,  and  appoint  the  school 
or  schools  to  be  kept  in  more  places  than  one  in  such  society. 

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

Upon  the  report  of  the  committee  appointed  by  this  Assem- 
bly in  May  last  to  inquire  into  the  Indian  claims  and  sales 
made  of  lands  in  the  towns  of  Sharon  and  Salisbury,  &c., 
and  now  made  to  this  Court :  Resolved  by  this  Assembly,  that 
a  committee  be  appointed,  and  Mr.  Daniel  Edwards  of  Hart- 
ford is  hereby  appointed  a  committee,  to  agree  with  and  pur- 
chase of  those  Indians  that  have  a  claim  to  about  two  miles 
square  at  the  north-east  corner  of  the  township  of  Salisbury, 


1742.]  OP      CONNECTICUT.  503 

the  said  two  mile  square,  more  or  less,  to  the  Governor  and 
Company  of  this  Colony,  for  the  use  of  the  purchasers  of  said 
township ;  and  also  to  procure  and  deliver  to  au  Indian  called 
Tossaunee  two  blankets,  or  equivalent  thereto,  in  considera- 
tion of  his  resigning  his  claim  in  said  Salisbury  ;  also  to  take 
care  that  the  proprietors  of  the  township  of  Aharon  secure 
and  settle,  in  a  proper  manner,  fifty  acres  of  land,  at  the  north- 
west corner  of  Sharon,  unto  the  Indians  living  there,  where 
they  now  live.  In  consideration  of  which,  the  said  committee 
is  hereby  impowered  and  authorized  to  give  a  deed  of  convey- 
ance, in  the  name  of  the  Governor  and  Company  of  this  Col- 
ony, to  the  said  proprietors  of  Sharon,  of  one  hundred  acres 
of  land  at  the  south  end  of  said  Sharon,  in  an  equal  breadth 
across  the  said  town  adjoyning  thereto,  they  making  the  pur- 
[165]  chase  ||  of  the  native  right,  if  not  yet  done.  And  also  to 
take  some  care  to  agree  with  the  Reverend  Mr.  Peter  Pratt, 
to  endeavour  to  instruct  the  said  Indians  in  the  christian  re- 
ligion, till  May  next.  And  the  said  committee  is  hereby  im- 
powered to  draw  the  sum  of  twenty  pounds  bills  of  the  new 
tenour,  or  equivalent  in  old  tenour,  out  of  the  publick  treas- 
ury, for  said  purpose  ;  and  lay  his  account  of  his  proceeding 
in  the  premises  before  this  Court  in  May  next. 

Resolved  hy  this  Assembly,  That  Capt.  David  Worster,  com- 
mander of  the  sloop  Defence,  do  forthwith  discharge  such  of 
the  hands  that  are  on  board  said  vessel  as  he  thinks  proper, 
and  that  he  with  the  rest  of  the  men,  with  the  first  fair  wind, 
sail  the  said  sloop  unto  New  London,  and  that  the  said  vessel 
be  by  him  laid  up  in  the  harbour  there  in  some  secure  place, 
and  that  the  arms  and  warlike  stores,  sails,  provisions,  &c., 
belonging  to  said  sloop,  be  well  secured,  either  in  said  vessel 
or  some  other  safe  place  as  the  said  captain  shall  think  pro- 
per ;  upon  which  the  said  Worster  shall  dismiss  all  his  hands; 
and  the  said  Worster  shall  then  commit  the  said  sloop  unto 
Colo.  Gurdon  Saltonstall,  who  is  hereby  desired,  in  proper 
seasons,  to  try  the  pumps  of  said  vessel  and  take  the  neces- 
sary care  of  the  same,  while  she  is  so  laid  up ;  and  the  said 
vessel  shall  continue  in  said  harbour  as  aforesaid  until  the 
order  of  this  Assembly  or  of  the  Governor  and  Council,  who 
may,  and  are  desired  and  impowered  to  send  for  the  said  sloop 
early  in  the  spring,  or  at  any  time  that  they  shall  apprehend 
it  needful.  And  the  officers  of  said  vessel  shall  be  dismissed 
after  the  laying  up  the  said  vessel  as  afore-directed,  until  by 
the  authority  aforesaid  they  be  called  to  act  in  their  posts  ac- 
cording to  their  former  commissions. 

Upon  the  memorial  of  Joseph  Leavinz,  Isaac  Cutler,  and 
sundry  others,  inhabitants  of  the  first  society  in  the  town  of 


504  PUBLIC      RECORDS  [Oct. 

Killin<i;]y,  shewing  that  they  are  greatly  aggrieved  by  the  do- 
ings of  a  committee  appointed  by  this  Assembly  to  affix  a 
place  for  the  building  a  meeting  house  on  in  said  society,  and 
praying  that  the  state  and  circumstances  of  said  society  may 
be  viewed  and  considered  by  another  committee,  who  may  be 
directed  to  consider  whether  it  may  not  be  best  to  divide  said 
society,  and  declare  to  this  Assembly  where  a  line  of  partition 
ought  to  run  :  Resolved  by  this  Assembly,  that  Colo.  John 
Bulkley,  Major  Thomas  Dyer  and  Capt.  Gideon  Cobb,  be  a 
committee  for  the  purpose  aforesaid,  who  are  to  repair  to  said 
society,  hear  all  parties  concerned,  and  make  report  of  their 
opinion  on  the  premises  to  the  General  Assembly  to  be  holden 
at  Hartford  in  May  next,  on  the  cost  and  charge  of  the  me- 
morialists. 

Upon  the  memorial  of  Eunice  Russell,  administratrix  on 
the  estate  of  Abell  Russell,  late  of  Farmingtown,  deceased, 
shewing  this  Assembly  that  the  debts  due  from  said  estate 
surmount  the  moveable  estate  the  sum  of  ,£487  lis.  Od.  and 
praying  liberty  to  sell  lands,  &c.  :  Granted  by  this  Assembly 
liberty  to  the  said  administratrix  and  Mr.  Samuel  Newell  of 
said  Farmingtown,  to  sell  so  much  of  the  lands  of  the  said  de- 
ceased, taking  the  advice  of  the  court  of  probates  in  the  dis- 
trict of  Hartford,  as  to  enable  the  said  administratrix  to  pay 
said  debts,  with  the  incident  charges  arising  on  the  sale  of 
said  lands. 

Upon  the  memorial  of  Ebenezer  Stiles  and  others,  of  the 
second  society  in  Coventry,  praying  that  a  committee  be  again 
appointed  to  affix  a  place  for  the  said  society  to  build  a  meet- 
ing house  on :  Resolved  by  this  Assembly,  that  a  committee 
be  anew  appointed,  and  Roger  Wolcott,  jun.,  and  Jonathan 
Huntington,  Esq'"s,  and  Mr.  James  Church,  be  a  committee  to 
repair  to  said  society  and  hear  all  parties  concerned,  and 
affix  a  place  for  said  society  to  build  a  meeting  house  on,  and 
that  at  the  cost  of  said  society,  and  to  make  report  of  their 
doings  to  the  Assembly  in  May  next. 

An  Act  appointing  a  Court  of  Probate  to  be  held,  at 
Litchfield. 
Be  it  enacted  hy  the  Grovernor,  Council  and  Rejjresentatives, 
in  General  Court  assembled,  and  hy  the  authority  of  the  same, 
[166]  That  there  shall  be  a  court  of  probate  ||  held  at  Litch- 
field, for  the  towns  of  Litchfield,  Kent,  Sharon,  Salisbury, 
Canaan,  Goshen,  Torrington,  and  Harwinton,  to  be  held  by 
one  judge  and  clerk,  with  powers  and  privileges  as  the  other 
courts  of  probate  have  in  this  Colony.  And,  in  cases  where 
the  law  allows  liberty  of  appeal,  appeal  shall  be  made  to  the 
superior  court  in  the  county  of  Hartford,  where  matters  in 


1742.]  OF      CONNECTICUT.  505 

controversy  sliall  happen  to  be  in  tlic  county  of  Hartford ; 
and  likewise,  where  matters  in  controversy  shall  happen  to  be 
in  the  county  of  New  Haven,  appeals  shall  be  made  to  the  su- 
perior court  in  the  county  of  New  Haven.  And  the  same 
shall  be  called  by  the  name  of  the  District  of  Litchfield. 

It  being  represented  to  this  Assembly,  that  it  may  be  nec- 
essary that  the  county  court  in  the  county  of  Hartford  have 
power  to  remove  tlie  persons  now  in  the  work-house  in  Hart- 
ford from  said  work-house  to  the  common  goal  in  the  county 
of  Hartford  : 

It  is  noiv  enacted  hy  the  Governor^  Council  and  Representa- 
tives^ in  G-eyieral  Court  assembled,  and  hy  the  authority  of  the 
same,  That  the  county  court  in  the  county  of  Hartford  have 
power,  and  power  and  authority  is  hereby  given  to  the  said 
court,  to  remove  John  Williams,  Sarah  Frazier,  and  all  others 
now  in  the  said  work-house,  to  the  common  goal  in  the  county 
of  Hartford  ;  the  said  Sarah  Frazier  to  be  kept  as  a  prisoner, 
according  to  the  judgment  of  court  against  her;  the  said  John 
Williams  and  others  there  to  be  kept,  imployed,  disciplined 
and  provided  for,  in  all  respects  according  to  the  laws  made 
and  provided  for  regulating  of  said  work-house. 
An  Act  providing  that  the  Laws  of  this  Colony  be  re- 
vised, &c. 

Be  it  enacted  hy  the  Ciovernor,  Council  and  Representatives^ 
in  General  Court  assemhled,  and  hy  the  authority  of  the  same, 
That  the  Honi^'e  Roger  Wolcott,  Esq"",  Thomas  Fitch,  Jona- 
than Trumble  and  John  Bulkley,  Esq",  be  a  committee  fully 
authorized,  and  they  are  hereby  fully  impowered,  to  inspect 
the  acts  or  laws  made  and  passed  by  this  Assembly  ;  and 
having  revised  the  same,  to  put  them  into  a  form  fitting  for 
the  press.  In  effecting  whereof,  the  said  committee  are  di- 
rected to  take  care,  that  no  alteration  be  made  in  those  acts 
and  laws  that  relate  to  and  secure  the  freeholds  of  his  Majes- 
ty's subjects  in  this  Colony,  but  that  the  same  shall  remain 
as  heretofore  :  but  those  acts  and  laws  that  relate  only  to 
manner  or  method  of  proceeding  in  civil  or  criminal  causes, 
or  other  things  that  relate  to  the  government  of  his  Majesty's 
subjects  here,  and  are  provided  for  by  later  acts,  which  have 
superseded,  the  more  ancient  ones  are  to  be  omitted  and  not 
put  into  the  laws  to  be  printed  on  such  revisal.  And  the  said 
committee  shall  lay  their  doings  before  the  General  Assembly 
in  May  or  October  next. 

An  Act  in  Addition  to  an  Act  for  the  further  directing 

Sheriffs  and  Constables  in  the  Execution  of 

their  Office. 

Be  it  enacted  hy  the  Governor,  Council  and  Representatives, 
64 


506  PUBLIC      EECORDS  [Oct- 

in  Ge^ieral  Court  assembled,  cind  hy  the  authority  of  the  saone, 
That  whensoever  any  sheriff  or  constable  sliall  be  sued  for 
their  not  executing  any  writ  of  execution  delivered  to  him  to 
be  executed,  there  shall  be  no  appeal  or  review  allowed  in 
any  such  cause  ;  any  law,  usage  or  custom  to  the  contrary 
notwithstanding.  Always  provided,  that  a  receipt  in  writing 
be  demanded  or  received  of  such  officer  at  the  time  of  the  de- 
livery of  such  writ,  as  the  law  directs  in  that  case. 

[167]  This  Assembly  do  nominate  and  appoint  Eliakim 
Palmer,  Esqi",  of  London,  to  be  Agent  at  the  Court  of  Great 
Britain  for  and  in  behalf  of  the  Governor  and  Company  of 
this  Colony  of  Connecticut;  and  the  said  Eliakim  Pahner  is 
hereV)y  fully  authorized  aiid  impowered,  in  the  name  and  be- 
half of  the  Governor  and  Company  of  this  his  Majesty's  Col- 
ony aforesaid,  to  appear  before  his  Majesty,  or  any  of  his 
Courts  at  Westminster,  or  other  Court  in  Great  Britain,  then 
and  there  to  manage,  act  and  defend,  in  any  matter  or  thing 
wherein  this  Colony  may  be  concerned ;  and  order  that  a 
proper  instrument  of  procuration,  or  letter  of  attorney,  be  ac- 
cordingly made  out,  under  the  publick  seal  of  this  Colony, 
and  signed  by  the  Governor  and  Secretary,  which  shall  be  sent 
to  the  said  Eliakim  Palmer,  Esq'',  as  soon  as  opportunity  will 
permit. 

Whereas  this  Assembly  is  now  informed  by  Capt.  Thomas 
Tousey,  that  he  is  cited  to  appear  before  his  Majesty  in  Coun- 
cil, to  answer  unto  Mr.  Samuel  Clark  who  is  admitted  an  ap- 
peal before  the  King  in  Council  in  a  case  lately  trycd  and  de- 
termined in  this  Colony,  wherein  the  said  Clark  demands  cer- 
tain lands  in  this  Colony  as  heir  at  law  according  to  the  course 
of  descents  by  the  rules  of  the  common  law  in  England,  which 
lands  the  said  Tousey  is  said  to  be  in  the  possession  of:  And 
whereas  the  well  discussing  those  points  of  law,  which  the  said 
Clark  insists  upon  in  order  to  his  maintaining  his  demand,  is 
of  great  consequence  to  this  Colony:  Resolved  by  tliis  As- 
sembly, that  Eliakim  Palmer,  Esq^,  who  is  appointed  by  this 
Assembly  Agent  for  this  Colony  in  Great  Britain,  be  directed 
to  take  into  his  custody  and  care  all  the  papers,  instructions 
and  other  writings  concerning  the  affairs  of  this  Colony,  lately 
in  the  care  of  our  late  agent,  Francis  Wilks,  Esq^  deceased, 
and  that  he  apply  to  Messrs.  Parris  and  Sharp,  solicitors,  if 
free  and  not  engaged  otherwise,  to  obtain  their  or  one  of  their 
assistance,  or  other  counsel  learned  in  the  law,  to  assist  and 
defend  the  said  Thomas  Tousey  against  the  said  Samuel  Clark 
in  the  case  aforesaid,  in  the  most  vigorous  and  best  manner 
they  possibly  can.  And  his  Honour  tiie  Governor  is  desired 
to  write  to  such  person  or  persons  as  are  concerned  in  the  af- 


1742.]  OF      CONNECTICUT.  507 

fairs  of  tlie  late  Francis  Wilks,  Esqf,  to  deliver  to  our  present 
■  agent  the  papers,  instructions  and  other  writings  aforesaid, 
and  to  transmit  this  act,  with  such  other  instructions  or  direc- 
tions to  our  present  agent  as  he  may  think  proper  to  intimate 
to  liini,  as  matters  worthy  of  observation  in  the  management 
of  said  case. 

Reaolved  hj  this  Assemhh/,  That  the  agents  already  appointed 
to  transact  in  the  affair  with  respect  to  the  controversy  between 
this  Colony  and  the  Mohegan  Indians,  (vlz:^  Tlic  Hon'j'e 
Roger  Wolcott,  James  Wadsworth  and  Thomas  Fitch,  Esqi'S 
Colo.  John  Bulkley  and  Major  Joseph  Fowler,  shall  have  full 
power,  and  arc  hereby  impowered,  to  accommodate  said  con- 
troversy by  agreement  with  any  person  or  persons  who  may 
any  way  transact  in  that  affair,  if  tliey  think  best,  as  well  as 
to  manage  that  affair  in  any  court  whatsoever. 

Upon  the  memorial  of  John  Griswould,  Daniel  Ely  and  John 
Lee,  selectmen  for  the  town  of  Lyme,  shewing  to  this  Assem- 
bly that  William  Borden,  jun.,  of  said  Lyme,  a  lad  of  about 
fourteen  years  old,  being  a  cripple  and  at  the  charge  of  said 
town,  praying  of  this  Assembly  to  appoint  some  suitable  person 
or  persons  to  sell  X17  10s.  Od  worth  of  the  real  estate  of  said 
Borden,  to  pay  the  charge  already  expended:  This  Assembly 
do  appoint  Mr.  John  Griswould  of  Lyme,  to  sell  so  much  of 
the  lands  of  the  said  William  Borden,  jun.,  as  shall  amount 
to  the  sum  of  <£17  lO.s.  Qd.  to  pay  the  aforesaid  sum  with  the 
charge  and  cost  of  selling  said  land. 

[168]  Upon  the  memorial  of  Margaret  Chenevard,  admin- 
istratrix on  the  estate  of  John  Michael  Chenevard,  late  of 
Hartford,  deceased,  shewing  to  this  Assembly  that  the  debts 
due  from  said  estate  surmount  the  moveable  part  of  said  es- 
tate the  sum  of  <£466  17s.  M.,  and  praying  for  liberty  to  sell 
so  much  of  the  real  estate  of  said  deceased  as  may  be  sufficient 
to  answer  the  same:  Resolved  by  this  Assembly,  that  the  me- 
morialist have  liberty  to  sell  and  dispose  of  so  much  of  the 
real  estate  of  said  deceased  as  may  be  necessary  to  answer 
tlie  said  sum  of  £4:66  17s.  M.  and  the  necessary  charges  aris- 
ing thereon' ;  and  Mr.  James  Church,  of  Hartford,  and  the 
memorialist,  are  hereby  impowered  to  make  sale  of  said  land 
accordingly,  taking  the  direction  of  tlie  court  of  probate  in 
the  district  of  Hartford  therein. 

The  Sums  total  of  the  Lists  of  Estate  of  the  several 

Towns  in  this  Colony,  hereafter  nfientioned,  sent  in 

to  this  Assenribly  and  accepted,  are  as  follow,  (viz:) 

£         s.   d.  £       s.     d. 

Hartford,  30583     2  7       Haddam,  8171  13     7 

New  Haven,        41092  19  9i     Killingly,  15188     0     0 


508 

PUBLIC 

RECORDS 

[0 

'ct. 

New  London, 

27494    4  9 

Lyme, 

19415 

6 

1 

Fairfield, 

37716     9  6 

Nor  walk. 

25826 

14 

2 

Windham, 

18872  10  7 

Groton, 

18232 

10 

0 

Norwich, 

43879     4  5 

Durham, 

9594 

2 

1 

Farmingtown, 

27198     6  9 

Voluntown, 

6761 

0 

0 

Standford, 

23305  11  7i 

Windsor, 

29219 

12 

3 

Glassenbury, 

9836     4  0 

Waterbury, 

10174 

3 

0 

Guilford, 

28628  10  91 

Ash  ford. 

7628 

5 

0 

Stoningtown, 

24003  14  5 

Colchester, 

16590 

8 

0 

Coventry, 

10341  19  0 

Ridgefield, 

7765 

7 

0 

Woodberry, 

15616  13  8 

Greenwich, 

16155 

6 

3 

Killingsworth, 

11208  11  5 

East  Haddam, 

14076 

1 

0 

Weathersfield, 

24206     3  3 

Plainfield, 

30014 

2 

0 

Preston, 

15331     4  6 

Derby, 

8490 

7 

0 

Lebanon, 

29471     9  0 

Brandford, 

20187 

7 

11 

Mansfield, 

10200     0  0 

Danbury, 

10834 

15 

5 

Canterbury, 

11037  13  6 

Midletown, 

34543 

6 

0 

Litchfield, 

7081     9  0 

Symsbury, 

12354 

18 

0 

Hebron, 

11171  16  0 

Milford, 

23020 

5 

7 

New  Milford, 

7969  10  0 

Wallingford, 

31727 

13 

2 

Pomfrett, 

12553     0  0 

Stratford, 

31773 

7 

6 

Say  Brook, 

17074     0  1 

[169]  This  Assembly  do  establish  and  confirm  Mr.  Ebenezer 
Grant  to  be  Captain  of  the  north  company  or  trainband  on 
the  east  side  of  Connecticut  River  in  the  town  of  Windsor, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Stiles, 
jun.,  to  be  Lieutenant  of  the  north  company  or  trainband  on 
the  east  side  of  Connecticut  River  in  the  town  of  AVindsor, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Moses  Fish  to 
be  Lieutenant  of  the  3d  company  or  trainband  in  the  town  of 
Groton,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Christopher 
Stark  to  be  Ensign  of  the  3d  company  or  trainband  in  the  town 
of  Groton,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Benjamin  Fenn 
to  be  Captain  of  the  Troop  in  the  2d  regiment  in  this  Colony, 
and  order  that  he  be  commissione'd  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Edward  Allen 
to  be  Lieutenant  of  the  Troop  in  the  2d  regiment  in  this  Col- 
ony, and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Eells 
Cornet  of  the  Troop  in  the  2d  regiment  in  this  Colony,  and 
order  that  he  be  commissioned  accordingly. 


1742.]  OP      CONNECTICUT.  509 

This  Assembly  do  establish  and  confirm  Mr.  Josepli  Tuttle, 
jun.,  to  be  Quarter-Master  of  the  Troop  in  tlie  2d  regiment  in 
this  Colony,  and  order  that  he  be  commissioned  accordingly. 

Upon  advice  from  the  Reverend  Mr.  Addams,  that  the  In- 
dian school  house  at  Monheagen  stands  in  great  need  of  re- 
pairs: Resolved  by  this  Assembly,  that  a  sum  not  exceeding 
<£12  Os,  Od.  be  drawn  out  of  the  publick  treasury  and  put  into 
the  hands  of  Joshua  Huntington  of  Norwich,  to  be  improved 
in  repairing  said  house ;  and  he  is  directed  to  lay  the  account 
of  his  disbursements  before  this  Assembly  in  May  next. 

This  Assembly  grants  a  rate  of  one  penny  on  the  pound  on 
all  the  polls  and  rateable  estate  in  this  Colony,  to  be  paid  into 
the  treasury  in  bills  of  credit  of  said  Colony  of  the  old  tenour, 
or  equivalent  in  the  new,  with  the  usual  advance  of  twelve 
pence  on  the  pound ;  or  in  good  bills  of  credit  of  the  Massa- 
chusets  Bay,  or  in  bills  of  credit  of  New  York,  without  ad- 
vance on  them ;  or  in  silver  money  as  it  passeth  in  the  country. 

Resolved  hy  this  Assembly,  That  the  Treasurer  of  this  Col- 
ony be  directed  to  receive  of  Capt.  George  Wyllys  the  money 
which  he  hath  in  his  hands  belonging  to  this  Colony;  and  the 
said  Wyllys  is  accordingly  directed  to  deliver  the  same  to  the 
Treasurer,  taking  his  receipt  therefor. 

This  Assembly  do  appoint  Mr.  Ebenezer  Marsh  to  be  Judge 
of  the  Court  of  Probate  in  the  district  of  Litchfield. 

This  Assembly  do  appoint  Mr.  Erastus  Wolcott  of  Windsor 
to  be  Surveyor  of  Lands  for  the  county  of  Hartford. 

This  Assembly  do  appoint  Major  Ebenezer  Marsh  Justice  of 
the  Peace  for  the  county  of  Hartford  this  current  year. 

This  Assembly  do  appoint  Captain  Stephen  Lee  to  be  a 
Justice  of  the  Peace  for  the  county  of  New  London  this  cur- 
rent year. 

This  Assembly  grants  to  the  Honourable  Jonathan  Law, 
Esq"",  Governor,  for  his  half  years  salary,  the  sum  of  sixty 
pounds,  to  be  paid  in  new  tenour  bills  or  equivalent  in  old  ten- 
our bills. 

This  Assembly  grants  to  the  Honourable  Roger  Wolcott, 
Esq"",  Deputy  Governor,  for  his  half  years  salary,  the  sum  of 
thirty  pounds,  to  be  paid  in  new  tenour  bills  or  equivalent  in 
the  old  tenour  bills. 

[170]  This  Assembly  grants  unto  the  Honourable  Jonathan 
Law,  Esq"",  in  addition  to  the  sixty  pounds  heretofore  granted 
for  his  half  years  salary,  the  sum  of  ten  pounds,  to  be  paid 
in  new  tenour  bills. 

And  to  the  Honi^'e  Roger  Wolcott,  Esqi",  in  addition  to  the 


510  PUBLIC    RECORDS  [May, 

tliirty  pounds  lieretofore  granted  for  his  half  years  salary,  the 
sum  of  five  pounds,  to  be  paid  in  new  tenour  bills. 

This  Assembly  grants  unto  Mr.  Timothy  Green,  printer,  for 
his  last  half  years  salary,  the  sum  of  fourteen  pounds,  to  be 
paid  in  new  tenour  bills. 

This  Assembly  do  appoint  James  Wadsworth,  Joseph  Whit- 
ing and  Roger  Newton,  Esqi's,  Capt.  Jonathan  Allen,  Mr.  John 
Hitchcock,  Colo.  Benjamin  Hall,  Capt.  Samuel  Hall,  Capt. 
John  Fowler,  Mr.  Robert  Treat,  Mr.  Nathaniel  Harrison  and 
Mr.  Robert  Foot,  to  be  a  committee  to  attiaid  his  Honour  the 
Governor,  to  hear  the  records  of  the  acts  and  doings  of  this 
Assembly  read  off,  and  then  the  same  to  be  signed  by  the 
Secretary  as  compleat. 

The  whole  record  of  the  several  Acts,  Grants  and  Orders  of 
this  Assembly,  as  they  stand  entered  in  the  pages  of  this  book 
next  preceding,  were  read  off  in  the  presence  of  his  Honour 
the  Governor  and  the  committee  above  named. 

Test.  George  Wyllys,  Secret'y- 


[171]  Anno  Regni  Regis  G-corgii  secundi  decimo-sexto. 
At  a  General  Assembly  holden  at  Hartford  in  his  Majes- 
ty's English  Colony  op  Connecticut,  l\New  England  in 
America,  on  Thursday  the  12th  day  op  May,  and  contin- 
ued BY  several  adjournments  UNTIL  THE  27tH  DaY  OP 
the   same  MONTH,  ANNOQUE  DOMINI  1748.* 

Present : 
The  Honourable  Jonathan  Law,  Esquire,  Governor. 
The  HoniJie  Roger  Wolcott,  Esq"",  Deputy  Governor. 
James  Wadsworth,  Esq"",  Thomas  Fitch,  Esqf, 
Nathaniel  Stanly,  Esq"",     Roger  Newton,  Esq"", 
Ozias  Pitkin,  Esq^",  Ebenezer  Silliman,  Esq'", 


Assist- 


Timothy  Pierce,  Esq^,       Jonathan  Trumble,  Esq^,     [  ants. 
Samuel  Lynde,  Esq"",        Hezekiah  Huntington,  Esq^, 
William  Pitkin,  Esqr,  J 

Representatives  or  Bejjuties  that  atteyided  at  the  Asse7nhly  are 

as  follow^  (viz  :) 
Capt.  John  Marsh,  Mr.  Joseph  Buckingham,  for  Hartford. 
Mr.  Jeremiah  Miller,  Mr.  John  Richards,  for  New  London. 
Capt.  Eliezer  Cary,  Mr.  Jonathan  Huntington,  for  Windham. 
Colo.  John  Bulkley,  Capt.  Nathaniel  Foot,  for  Colchester. 

*  The  Journal  of  neither  House  is  found. 


1743.]  OP      CONNECTICUT.  511 

Mr.  Joseph  Stron<r,  Capt.  Samuel  Parker,  for  Coventry. 

Major  Elihu  Chaunccy,  Capt.  Robert   Fairchild,  for  Durham. 

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

Mr.  Joseph  Denison,  Mr.  Simeon  Minor,  for  Stoningtown. 

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

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

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

Mr.  John  Southmaid,  Capt.  Samuel  Hickcox,  for  Waterburj. 

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

Major  Ebenczer  Marsh,  Capt.  John  Bird,  for  Litclifield. 

Mr.  Hezekiah  Brainerd,  Mr.  Thomas  Brooks,  for  Haddam. 

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

Mr.  Gershom  Clark,  Mr.  John  Williams,  for  Lebanon. 

Capt.  Jonathan  Allyn,  Mr.  John  Hitchcock,  foi-  New  Haven. 

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

Mr.  Joshua  Huntington,  Capt.  Simon    Lothrop,  for  Norwich. 

Mr.  John  Griswould,  Mr.  Richard  Lord,  for  Lyme. 

Colo.  Jonathan  Hoit,  Mr.  Jonathan  Bates,  for  Standford. 

Mr.  Joseph  Leavinze,  Mr.  Urian  Horsmer,  for  Killingly. 

Mr.  John  Betts,  Mr.  Samuel  Fitch,  for  Norwalk. 

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

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

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

Capt.  Tliomas  Stores,  Mr.  WiUiam  Johnson,  for  Mansfield. 

Capt.  Robert  Foot,  Mr.  Nathaniel  Harrison,  for  Branford. 

Mr.  Ebenczer  Holbrook,  Mr.  Samuel  Sumner,  for  Pomfrett. 

Capt.  John  Mead,  Capt.  John  Ferris,  for  Greenwich. 

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

Colo.  John  Dyer,  Capt.  Joseph  Addams,  for  Canterbury. 

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

[172]  Capt.  Jedadiah  Chapman  ,Mr.  Nathaniel  Clark,  for  Say- 
brook. 

Capt.  Thomas  Stephens,  Mr.  William  Marsh,  for  Plainfield. 

Mr.  John  Lane,  Capt.  John  Stephens,  for  Killingworth. 

Capt.  James  Bebee,  Mr.  Thomas  Benedict,  for  Danbury. 

Ca[)t.  Theophilus  Nickols,  Capt.  Joseph  Blackleach,  for  Strat- 
ford. 

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

Mr.  Noadiah  Brainerd,  for  East  Haddam. 

Mr.  Samuel  Canfield,  Mr.  Paul  Welch,  for  New  Milford. 

Mr.  John  Hart,  Mr.  Thomas  Hart,  for  Farmingtown. 

Capt.  Robert  Dixson,  Mr.  Charles  Campbell,  lor  Voluntown. 

Colo.  Benjamin  Hall,  Capt.  Meacock  Ward,  for  Wallingford. 

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

Capt.  Samuel  Mather,  Mr.  Daniel  Bissell,  for  Windsor. 

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


512  PUBLIC    RECORDS  [May, 

This  day  being  appointed  by  the  royal  charter  and  the  laws 
of  this  Colony  for  the  election  of  the  publick  officers  of  this 
corporation,  viz:  Governor,  Depnty  Governor,  Assistants, 
Treasurer,  and  Secretary, — proclamation  was  made,  and  the 
freemen  proceeded  to  bring  in  their  votes  to  persons  appointed 
by  the  Governor,  Council  and  Representatives,  to  receive, 
sort  and  count  them,  (which  persons  were :  Nathaniel 
Stanly,  Esq%  Ozias  Pitkin,  Esq"",  Timothy  Pierce,  Esq"",  Sam- 
uel Lynde,  Esq"",  William  Pitkin,  Esq"",  Thomas  Fitch,  Esq"", 
Eoger  Newton,  Esqf,  Ebenezer  Silliman,  Esq'',  Jonathan 
Trumble,  Esq^  Hez^i  Huntington,  Esq^,  Colo.  Thomas  Welles, 
]\Ir.  Joseph  Buckingham,  Colo.  Benjamin  Hall,  Mr.  Rob- 
ert Treat,  Mr.  Richard  Lord,  Mr.  John  Richards,  Capt.  The- 
ophilus  Nickols,  Colo.  Jonathan  Hoit,  Colo.  John  Dyer,  and 
Capt.  Thomas  Stores,)  who  were  sworn  to  a  faithful  dis- 
charge of  that  trust.  And  the  freemen's  votes  being  brought 
in,  sorted  and  counted, 

The  Honourable  Jonathan  Law,  Esquire,  was  chosen  Gov- 
ernor of  this  Colony  for  the  year  ensuing  ;  and  the  Governor's 
oatli,  prescribed  by  the  law  of  this  Colony,  and  the  oath  re- 
quired by  act  of  Parliament,  relating  to  trade  and  navigation, 
were  administred  to  liim  by  his  Honour  the  Deputy  Governor 
in  the  presence  of  the  Assembly. 

The  Honourable  Roger  Wolcott,  Esq"",  was  chosen  Deputy 
Governor  of  this  Colony  for  the  year  ensuing,  and  was  sworn 
by  liis  Honour  the  Governor,  according  to  law,  in  the  pres- 
ence of  the  Assembly. 

James  Wadsworth,Esq'',  William  Pitkin,  Esq^, 

Nathaniel  Stanly,  Esq^,  Thomas  Fitch,  Esq'-, 

Joseph  Whiting,  Esq"",  Roger  Newton,  Esq"", 

Ozias  Pitkin,  Esq"",  Ebenezer  Silliman,  Esq"", 

Timotliy  Pierce,  Esq^,  Jonathan  Trumble,  Esq"", 

Samuel  Lynde,  Esq"",  John  Bulkley,  Esqi",* 

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

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

[173]  Georg'^  Wvllys  was  chosen  Secretary  of  this  Colony 
for  the  year  Qr-'^'jinq^,  and  ban  rhc-  Secretary's  oath,  provided 
by  law,  administi  /I  m  hioi  ):'V  ni?  Gnnour  the  Governor  in 
the  presence  of  the  Assembly. 

*  Deacon  Hezekiali  Huntington,  now  left  out  of  the  Council,  was  a  favorer  of  the 
New  Li.ijhts.  Mr.  Bulkley,  chosen  in  his  place,  was  not  a  friend  to  that  cause.  Backus, 
Abridyment,  171. 


1743.]  OF      CONNECTICUT.  '  513 

This  Assembly  do  appoint  the  Honourable  Roger  Wolcott, 
Esqr,  to  be  Chief  Judge  of  the  Superior  Courts  in  this  Col- 
ony the  year  ensuing. 

This  Assembly  do  appoint  James  Wadsworth,  Esqi",  Joseph 
Whiting,  Esq"",  William  Pitkin,  Esq"",  Ebenezer  Silliman, 
Esqf,to  be  Judges  of  the  Superior  Courts  in  this  Colony  the 
year  ensuing. 

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

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

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

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

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

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

This  Assem1)ly  do  appoint  Joseph  Whiting,  Esqf,  to  be 
Judge  of  the  Courts  of  Probate  in  the  district  of  New  Haven 
the  year  ensuing. 

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

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

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

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

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

65 


514  PUBLIC     RECORDS  [May, 

Thi^  Assembly  do  appoint  Jonathan  Hoit,  Esq'",  to  be  Judge 
of  the  Court  of  Probate  in  tlie  district  of  Standford  the  year 
ensuing. 

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

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

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

This  Assembly  do  appoint  Joseph  Buckingham,  Ebenezer 
Marsh,  George  Wyllys,  Joseph  Talcott,  Samuel  Mather,  Roger 
Wolcott,  jun.,Elisha  Williams,  David  Goodrich,  John  Hooker, 
William  Wadsworth,  Thomas  Hart,  Giles  Hall,  Jabez  Ham- 
lin, Joseph  White,  Hezekiah  Brainerd,  Samuel  Olmstead, 
Stephen  Horsmer,  jun.,  Nathaniel  Foot,  Israel  Newton,  Ben- 
jamin Skinner,  Joseph  Phelps,  Jonathan  Hale,  Thomas  Pitkin, 
Samuel  Chapman,  Zebulon  West,  John  Humphrey,  Joseph 
Wilcoxson,  John  Buel,  John  Beach,  David  Whitney,  John 
Hart,  JohnBissell,  Esq'"s,  to  be  Justices  of  the  Peace  in  and 
for  the  county  of  Hartford  the  year  ensuing. 

[174]  This  Assembly  do  appoint  Samuel  Hill,  Benjamin 
Hall,  John  Southmaid  and  John  Fowler,  Esq^'s,  to  be  Justices 
of  the  Peace  and  Quorum  in  and  for  the  county  of  New  Haven 
the  year  ensuing. 

This  Assembly  do  appoint  Samuel  Bishop,  Benjamin  Hand, 
Theophilus  Yale,  Andrew  Ward,  Samuel  Gun,  John  Riggs, 
Samuel  Hall,  Isaac  Dickerman,  John  Russell,  William  Gold, 
Samuel  Bassett,  Roger  Brownson,  Elihu  Chauncey,  Robert 
Treat,  Samuel  Heacox,  Samuel  Canfield,  Nathaniel  -Bostwick, 
Elihii  Hall,  John  Hubbard,  Samuel  Hopson,  Nathaniel  Skinner, 
John  Woodward,  Jonathan  Russell,  Esqr%  to  be  Justices  of 
the  Peace  in  and  for  the  county  of  New  Haven  the  year 
ensuing. 

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

This  Assembly  do  appoint  Abraham  Pierson,  John  Lane, 
Jedadiah  Chapman,  Nathaniel  Clark,  Richard  Lord,  Thomas 
Lee,  Daniel  Ely,  John  Richards,  Dan'  Coit,  Gurdon  Salton- 
stall,   Christopher  Avery,   Humphrey  Avery,  Luke  Perkins, 


1748.]  OP      CONNECTICUT.  51 5 

John  Ledyard,  Joseph  Palmer,  Theophilus  Baldwin,  John 
Whiting,  Joseph  Denison,  Simeon  Minor,  Jedadiah  Tracey, 
Jabez  Hide,  Hezekiah  Huntington,  Joshua  Huntington,  Sam- 
uel Lothrop,  Stephen  Lee,  Samuel  Morgan,  Nathaniel 
Brown,  Esq''%to  be  Justices  of  the  Peace  in  and  for  the  coun- 
ty of  New  London  the  year  ensuing. 

This  Assembly  do  appoint  Edmund  Lewiss,  Andrew  Burr, 
John  Thompson,  Jonathan  Hoit  and  William  Preston,  Esqi's., 
to  be  Justices  of  the  Peace  and  Quorum  in  and  for  the  coun- 
ty of  Fairfield  the  year  ensuing. 

This  Assembly  do  appoint  John  Burr,  Joseph  Minor,  James 
Beebe,  Samuel  Hanford,  Samuel  Hoit,  Ephraim  Curtiss, 
Thomas  Tousey,  James  Benedict,  Nathaniel  Peck,  Ebenezer 
Mead,  Jonathan  Maltbie,  Benjamin  Hickcox,  Joseph  Black- 
leach,  Noah  Hinman,  Theophilus  Nickols,  John  Read,  Thomas 
Benedict,  Job  Sherman,  John  Betts,  Ebenezer  Smitli,  Samuel 
Sherwood,  EI:)enezer  Stephens,  and  Robert  Walker,  Esq^s,  to 
be  Justices  of  the  Peace  in  and  for  the  county  of  Fairfield  the 
year  ensuing. 

This  Assembly  do  appoint  Ebenezer  West,  Jonathan  Hunt- 
ington and  Shubael  Conant,  Esqrs,  to  be  Justices  of  the  Peace 
and  Quorum  in  and  for  the  county  of  Windham  the  year  en- 
suing. 

This  Assembly  do  appoint  Joseph  Strong,  John  Woodward, 
Joseph  Leavinz,  Peter  Buel,  Leicester  Grosvenor,  Joseph  Ca- 
dey,  Thomas  Stores,  John  Crery,  Ebenezer  Wales,  Thomas 
Tiffany,  John  Dyer,  Joseph  Fowler,  Gershom  Clark,  Ebenezer 
Gray,  Nathaniel  Huntington,  Thomas  Steadman,  Ebenezer 
Holbrook,  and  Ebenezer  Dow,  Esq'"^  to  be  Justices  of  Peace 
in  and  for  the  county  of  Windham  the  year  ensuing. 

Ordered,That  Nathaniel  Stanly,  Esq'", and  Mr.  Joseph  Buck- 
ingham, return  the  thanks  of  this  Assembly  to  the  Reverend 
Mr.  Stephen  Steel,  for  his  sermon  delivered  before  the  As- 
sembly on  the  l2th  instant,  and  desire  a  copy  thereof,  that  it 
may  be  printed. 

This  Assembly  do  appoint  Ebenezer  Silliman,  Esq'',  Jona- 
than Trumble,  Esq^,  Colo.  Tho^  Wells,  Maj.  Jabez  Hamlin, 
Mr.  John  Hichcock,  Mr.  John  Richards,  Mr.  Samuel  Fitch, 
and  Mr.  Jonathan  Huntington,  Auditors  to  audit  the  Treas- 
urer's accounts  with  this  Colony  ;  and  that,  in  addition  to  the 
instructions  usually  given  them,  they  are  directed  to  state  an 
account  current  with  the  Treasurer,  therein  bringing  the  seve- 
ral ballances  of  the  particular  accounts  into  one  general  ac- 
count, shewing  the  ballance  on  the  whole  ;  and  that  they  take 
an  account  of  him  of  what  bonds  are  yet  remaining  in  liis 


516  PUBLIC    RECORDS  [May, 

hands  for  the  interest  money  due  to  the  Colony,  for  the  two 
first  emissions  of  bills  of  credit  on  loan,  and  what  judgments 
of  court  there  are  against  any  persons  in  favour  of  the  Gover- 
[175]  nor  and  Company,  ||  which  are  not  yet  satisfied ;  and 
that  they  be  further  directed,  to  go  to  the  Secretary  and  take 
an  account  from  him  of  the  mortgages  yet  in  his  hands  for 
the  emissions,  which  are  not  yet  released  and  discharged,  and 
lay  the  same  before  this  Assembly. 

This  Assembly  do  appoint  Mr.  Joseph  Tuttle,jun.,  to  be 
Captain  of  the  company  or  trainband  in  the  parish  of  East 
Haven,  and  order  that  he  be  commissioned  accordingly. 

An  Act  in  Addition  to  an  Act  directing  how  the  Bonds 
given  for  the  Western  Lands  should  be  put  in  Suit. 

Whereas  by  said  act  the  said  bonds  were  ordered  to 
be  distributed  into  the  several  towns  and  societies  in 
this  government,  and  tlie  King's  attorneys  in  the  several 
counties  were  directed  and  impowered  to  put  in  suit  the 
bonds  distributed  to  the  several  towns  and  societies  in  the 
counties  to  which  they  respectively  belonged,  but  no  provi- 
sion made  to  secure  the  publick  from  costs  that  may  arise  on 
such  suits : 

Resolved  hy  this  Assembly,  That,  for  the  future,  no  writ 
shall  be  granted  by  any  assistant,  justice  of  the  peace,  or 
clerk  of  courts,  unless  the  person  praying  out  said  writ  give 
sufficient  bond  to  answer  all  costs  arising  on  said  suit.  And 
when  any  such  writ  is  returned  to  any  county  courts,  wherein 
it  is  not  certified  that  bond  is  given  and  by  whom,  the  writ 
shall  abate,  unless  the  person  at  whose  request  the  writ  was 
granted,  or  some  other  person  in  his  behalf,  shall  appear  in 
court  and  give  bond  as  aforesaid,  in  which  case  the  action 
shall  proceed.  And  in  case  the  defendant  in  any  such  suit 
shall  obtain  judgment  for  his  cost,  the  said  cost  shall  be 
awarded  against  the  person  giving  bond  as  aforesaid. 

This  Assembly  appoints  Nathaniel  Stanly  and  Ozias  Pitkin, 
Esq'"^,  to  procure  a  release  from  John  Sutlieffto  the  Governor 
and  Company  of  this  Colony  of  all  his  right  and  title  in  and 
unto  all  that  land  which  he,  said  Sutlieff,  has  mortgaged  to  the 
Governor  and  Company,  and  that  as  soon  as  may  be  after  he, 
said  Sutlieff,  shall  be  released  out  of  the  goal  in  Hartford 
county,  where  he  is  now  detained. 

Whereas,  by  order  of  the  Governor  and  Council,  at  New 
Haven  in  October  last,  the  Colony  sloop,  called  the  Defence, 
was  to  be  laid  up  in  the  harbour  at  New  London,  there  to  re- 
main till  further  orders  :  Ordered  and  resolved  by  this  Assem- 
bly, that  his  Honour  the  Governor  and  Council  be  desired  to 


1743.]  OP      CONNECTICUT.  517 

take  the  care  of  ordering  and  directing  the  whole  matter  re- 
specting the  said  sloop,  the  refitting  and  manning  thereof, 
(if  they  shall  judge  necessary,)  with  so  many  officers  and  able- 
bodied  men  as  may  be  judged  necessary  for  the  safety  and 
defence  of  our  sea-coasts  ;  and  to  do  and  direct  whatsoever 
from  time  to  time  shall  be  found  necessary  respecting  said 
sloop. 

Upon  the  memorial  of  Joshua  Uncas,  Samuel  Uncas,  Zach- 
ariah  Johnson  and  Simon  Chawchoy,  Mohegan  Indians,  ap- 
pointed by  tlie  sachem  and  tribe  of  said  Indians,  to  prefer 
said  memorial, 'shewing  that  on  the  first  day  of  July,  A.  Dom. 
1742,  the  sachem  Ben  Uncas  made  choice  of  (viz:}  Old 
Wambaneage,  Old  Jo  Pye,  Joshua  Uncas,  Zachariah  John- 
[176]  son,  Joshua  Aukum,  John  Uncas,  ||  Simon  Chawclioy, 
Samuel  Pye,  Samson  Aukum,  Ephraim  Johnson  and  John 
Wamboneage,  all  of  said  tribe,  to  be  meml)ers  of  his,  the 
said  saciiem's,  council,  to  advise  and  assist  him  in  all  affairs 
and  matters  relating  to  the  said  tribe  ;  and  shewing  the  said 
tribe  do  approve  of  the  said  choice  ;  and  thereupon  requesting 
this  Assembly  to  approve  and  confirm  the  said  councillors, 
exclusive  of  Joshua  Aulfum,  who  is  since  deceased  :  This 
Assembly  do  hereby  declare  their  approbation  of  the  said 
choice,  and  do  confirm  and  establish  the  said  councillors  yet 
living  to  be  council  to  the  said  sachem,  to  advise  and  counsel 
him  in  the  conducting  and  managing  the  affairs  of  said  tribe, 
according  to  ancient  usage  and  customs  of  said  tribe,  for  the 
good  and  peace  of  the  same. 

Whereas  there  remains  in  the  hands  of  the  executors  of 
our  late  Agent,  Francis  Wilks,  Esq"",  the  sum  of  £67  Bs.  Od. 
sterling  :  Resolved  by  this  Assembly,  that  our  present  Agent, 
Eliakim  Palmer,  Esq"",  be  directed,  and  he  is  hereby  directed 
and  impowered,  in  behalf  of  this  Colony,  to  adjust  and  settle 
accounts  with  the  executors  aforesaid,  and  to  receive  of  them 
tlie  ballance  due  to  this  Colony,  and  improve  it  in  the  Colony 
service  as  occasion  shall  require.  And  his  Honour  the  Gov- 
ernor is  desired  and  impowered  to  draw  an  order  on  the 
executors  aforesaid,  to  pay  to  Mr.  Agent  Palmer  the  ballance 
that  shall  be  found  due  upon  the  settlement  of  the  account 
as  aforesaid. 

Resolved  hy  this  Assembly^  That  his  Honour  the  Governor 
be  desired  to  procure  and  send  over  to  Eliakim  Palmer,  Esq"", 
our  Agent,  a  collection  of  our  laws,  and  such  other  papers 
&c.  as  he  shall  think  needful  for  the  service  of  this  Colony. 

This  Assembly,  taking  into  consideration  the  present  state 
of  the  fort  or  batterv  in  the  town   of  New  London,  do  now 


518  PUBLIC    RECOEDS  [May, 

appoint  Mr.  Titus  Hurlbiit  of  New  London,  and  he  is  hereby 
appointed  and  impowered,  to  be  Captain  and  Gunner  in  Chief 
of  the  Fort  or  Battery  in  New  London,  who  shall  he  com- 
missioned by  his  Honour  the  Governor ;  and  he  is  hereljy 
impowered  to  take  into  his  care  the  battery  aforesaid,  the 
store-house,  and  all  the  ordnance,  ammunition  and  stores 
thereunto  belonging,  or  that  shall  hereafter  be  provided  for 
the  same.  And  his  Honour  the  Governor,  with  the  Council, 
is  hereby  impowered,  if  they  judge  needful,  at  any  time  and 
from  time  to  time,  to  give  order  or  orders  to  the  said  Capt. 
Hurlbut  to  inlist  any  suitable  number  of  men,  as  also  to 
appoint  other  officers  and  commission  them.  And  the  said 
captain  and  other  officers  that  may  be  appointed,  and  men 
that  may  be  inlisted,  shall  be  freed  from  attending  military 
exercises  under  any  other  officers  during  the  time  they  shall 
be  so  commissioned  and  stand  inlisted  as  aforesaid ;  which 
officers  and  souldiers  shall  be  suljject  to  and  regulated  by  the 
laws  of  this  Colony  as  other  military  companies  are.  And 
the  said  Capt.  Hurlbut  shall  give  receipts  for  all  the  warlike 
stores  he  shall  receive  into  his  custody,  which  receipts  shall 
[177]  be  sent  to  and  lodged  with  the  Secretary  of  this  Colony ;  || 
and  also  shall  render  an  account  for  the  stores  by  him  received 
from  time  to  time,  when  thereunto  called  by  the  General 
Assembly.  And  further,  Jeremiah  Miller,  Esq^,  of  New  Lon- 
don, is  desired,  and  hereby  impowered,  to  demand  and  receive 
all  the  stores  &c.  belonging  to  the  said  fort,  of  any  person  or 
persons  in  whose  custody  they  may  be,  and  deliver  the  same 
to  the  said  captain,  and  take  his  receipt  or  receipts  for  the 
same,  and  lodge  them  with  the  Secretary  as  aforesaid. 

Upon  the  report  of  Samuel  Lynde,  Jonathan  Truml)le  and 
John  Richards,  a  committee  appointed  to  take  care  of  John 
Ourtisses  debts  to  this  Colony  :  Resolved  by  this  Assembly,  that 
the  said  committee  l)e  impowered,  and  they  are  hereby  directed 
and  impowered,  to  expend  the  rent  they  shall  receive  for  the 
Colony's  house  at  New  London  for  one  year  or  more,  not  ex- 
ceeding .£100  Os.  Od.  old  tenour,  towards  finishing  the  wharf 
or  repairing  the  house,  as  they  shall  think  most  for  the  inter- 
est of  this  Colony. 

Ordered  hy  this  Assembly ,'  That  the  Treasurer  of  this  Colony 
be,  and  is  hereby,  directed,  to  deliver  to  the  committee  ap- 
pointed to  transact  the  affair  l)efore  the  Commissioners  in  the 
controversy  between  the  Governor  and  Company  and  the 
sachem  and  chief  heada  of  the  Mohegan  Indians,  so  much  of 
the  gold  which  he  wa's  heretofore  ordered  to  purchase  for  the 
Colony's  use  as  they  shall  think  necessary,  to  pay  off  the  com- 
missioners and  otli^r  persons  which  they  shall  employ  from 


1743.]  OP      CONNECTICUT.  519 

New  York  in  that  affair,  which  it  may  be  proi)er  lor  the  Colony 
to  pay,  and  take  their  receipt  therefor. 

This  Assembly  do  appoint  Jonathan  Trumhlc,  Esq"",  and 
Colo.  Thomas  Welles,  to  be  a  committee  to  receive  of  the 
Secretary  the  mortgages  yet  in  his  hands  for  the  lirst  emission 
of  loan-money,  which  are  not  yet  released,  and  deliver  the 
same  into  the  hands  of  the  Treasurer,  taking  his  receipt 
therefor,  and  to  make  a  further  adjustment  of  accounts  with 
the  Treasurer  of  this  Colony,  and  to  enquire  into  the  accounts 
of  the  first  emission  of  loan-money,  and  to  state  two  distinct 
accounts  thereon,  the  first  shewing  what  money  hath  been 
received  on  account  of  the  principal  of  said  emission  and 
what  is  now  due  to  the  Colony  on  said  mortgages,  and  the 
other  shewing  what  money  hath  l^een  received  on  account  of 
the  interest  of  said  emission  and  what  is  due  to  the  Colony 
either  by  bonds  or  judgments  of  court  thereon  ;  and  that  they 
also  state  the  account  of  the  last  emission  of  loan-money  of 
the  new  tenour,  in  two  distinct  accounts,  the  one  for  the 
principal  sum  loaned,  and  the  other  for  the  interest  of  said 
emission  which  is  to  be  paid  in  silver  or  gold  only;  and  also 
to  pass  the  ballance  due  to  the  Colony  on  the  account  of  said 
last  emission  in  new  tenour  as  stated  in  the  audit  in  the  year 
1742,  being  the  sum  of  <£6671  4s.  Sd.  in  new  tenour  bills,  to 
the  Colony's  credit,  in  the  account  of  the  quick  stock ;  and 
that  they  receive  of  the  Treasurer  the  gold  which  he  pur- 
chased for  the  Colony's  use,  and  account  with  him  for  it  at 
the  rate  it  was  purchased,  and  take  his  receipt  therefor ;  and 
that  tliey  also  enquire  into  the  account  of  what  money  the 
Treasurer  hath  received  for  impost,  and  take  his  receipt  there- 
for, and  lodge  the  several  receipts  in  the  hands  of  the  Secre- 
tary, and. lay  the  account  of  their  doings  before  this  Assembly 
in  October  next. 

[178]  Whereas  this  Assembly  is  informed  by  Mr.  Luke 
Perkins  of  Groton,  one  of  the  justices  of  the  peace  in  tbe 
county  of  New  London,  that  Mr.  John  Owen,  of  the  first 
society  in  Groton  in  said  county,  minister  in  said  society, 
at  divers  times  within  the  month  of  April  last,  in  a  publick 
assembly  of  the  people  of  that  society,  from  the  pulpit  did 
utter,  speak,  publish  and  declare,  divers  false  words  and  sen- 
tences, unjustly  reproaching  and  scandalizing  tlie  laws  and 
ruling  part  of  this  government,  and  did  broach  sundry  sedi- 
tious principles,  tending  to  bring -the  authority  and  laws  of 
this  government  into  contempt  and  reproach :  And  whereas 
this  Assembly  are  of  opinion  that  the  representation  made  of 
the  said  Mr.  John  Owen's  behaviour  relating  to  tlie  matters 
afurebaid   are    worthy  the    special   notice    of  this  Assembly : 


520  PUBLIC    EECORDS  [May, 

Thereupon  it  is  hereby  resolved,  that  the  Secretary  of  this 
Colony  issue  forth  a  writ,  directed  to  the  sheriff  of  the  county 
of  New  London  or  his  deputy,  commanding  him  to  appre- 
hend the  said  Mr.  John  Owen,  and  him  cause  to  appear  before 
this  Assembly,  at  their  sessions  in  October  next  at  New 
Haven,  to  answer  to  such  matters  as  sliall  then  be  alledged 
against  him,  relating  to  the  matters  aforesaid  or  any  other 
matters  of  like  nature,  on  his  Majesty's  behalf.  And  the 
King's  Attorney  of  the  county  of  New  Haven  is  hereby 
directed  to  inform  against  and  prosecute  the  said  Mr.  John 
Owen  before  this  Assembly  at  the  time  aforesaid.  And  that 
the  Secretary  also  send  forth  a  summons,  to  summons  said 
Luke  Perkins,  and  Dudley  Woodbridge,  and  such  others  as 
he  may  be  informed  can  give  evidence  in  the  case,  to  appear 
before  this  Assembly  at  the  time  and  place  aforesaid,  to  give 
their  evidence  relating  to  the  matters  aforesaid. 

This  Assembly  do  hereby  nominate,  constitute,  authorize 
and  appoint,  the  Honourable  Roger  Wolcott,  Esqf,  James 
Wadsworth,  Thomas  Fitch,  John  Bulkley  and  Joseph  Fowler, 
Esqrs,  or  any  three  of  them.  Agents  of  the  Governor  and  Com- 
pany of  his  Majesty's  English  Colony  of  Connecticut  in  New 
England  in  America,  and  in  their  name  to  appear  before  any 
of  his  Majesty's  Commissioners,  by  his  Majesty  commission- 
ated  to  review,  hear  and  determine,  a  complaint  formerly 
made  by  Oeneco,  Sachem  of  Mohegan,  and  judgment  given 
thereon  by  Joseph  Dudley,  Esq"",  and  others;  and  them,  the 
constituants,  to  represent,  and  in  their  name  and  behalf  to 
answer,  plead,  implead,  prosecute,  defend,  and  appeal  to  his 
Majesty  in  Council,  if  need  be,  from  the  judgment  given 
thereon ;  and  an  attorney  or  attorney^  under  them  to  make, 
substitute  and  improve,  for  the  purpose  aforesaid.  And,  that 
the  said  agents  may  have  a  more  ample  evidence  *  of  their 
appointment,  this  Assembly  desire  and  impower  his  Honour 
the  Governor  of  this  Colony,  in  the  name  of  the  Governor  and 
Company  aforesaid,  under  the  publick  seal  of  this  Colony,  to 
grant  unto  the  said  agents  a  publick  instrument  of  procura- 
tion accordingly.* 

Ordered  hy  this  Assembly,  That  the  Treasurer  of  tins  Colony 
pay  out  of  the  publick  treasury,  to  Daniel  Edwards  of  Hart- 
ford, for  sundry  services  and  disbursements  respecting  the 
affairs  of  the  Indian  claims  of  part  of  Salisbury  and  Sharon, 
and  his  transacting  with  them  in  the  government's  behalf,  &c., 
the  sum  of  twenty-nin'e  pounds  twelve  shillings  old  currency. 

*The  Court  of  Commissiouers  was  opesied  at  Greenwich,  May  4th,  and  adjourned 
to  meet  at  Norwich,  June  28th,  1743.  The  proceedings  may  be  seen  in  the  book  of 
which  the  title  is  given  in  a  note  at  page  206. 


1743.1  OP      CONNECTICUT.  521 

[179]  An  Act  providing  Relief  against  the  evil  and  dan- 
gerous Designs  of  Foreigners  and 
Suspected  Persons.* 

Whereas  this  Assembly  is  informed  that  there  are  several 
strangers,  which  it  is  supposed  are  not  the  subjects  of  our 
Sovereig;!!  Lord  the  King,  but  are  foreigners,  stragling  about 
in  this  Colony  upon  evil  and  dangerous  designs,  endeavouring 
to  sow  and  spread  false  and  dangerous  doctrines  of  religion 
among  us,  to  stir  up  discord  among  the  people,  to  promote 
seditious  designs  against  the  government,  to  alienate  and  es- 
trange the  minds  of  the  Indians  from  us,  or  to  spy  out  our 
country :  And  whereas  there  is  danger  many  times  arising 
from  foreign  ships  or  other  vessels  coming  to  spy  out  our 
coasts,  or  in  some  clandestine  manner  to  carry  on  an  unlawful 
trade  :  Which  to  prevent, 

Be  it  enacted  hy  the  Governour,  Council  and  Representatives, 
in  G-eneral  Court  assembled,  and  hy  the  authority  of  the  same, 
That  all  such  foreigners  or  suspected  persons  as  abovesaid, 
and  all  such  captains  of  ships,  masters  of  vessels,  or  sea-faring 
men,  suspected  as  aforesaid,  may  be  taken  up  and  carried 
before  tlie  Governor  of  this  Colony  and  such  other  of  the 
civil  authority  as  his  Honour  shall  think  proper  to  call  to  his 
assistance,  before  whom  any  such  suspected  person,  as  afore- 
said, may  be  examined.  And  the  Governor,  with  the  advice 
of  the  authority  aforesaid,  is  authorized  and  impowered  to 
take  and  use  such  means  and  methods  as  may  be  proper,  to 
prevent  the  mischiefs  and  dangers  which  may  arise  from  such 
foreigners  or  suspected  persons,  and  secure  his  Majesty's  in- 
terest in  this  Colony. 

And  it  is  further  enacted,  That  any  assistant  or  justice  of 
the  peace,  who  is  informed  and  hath  good  reason  to  think 
there  is  any  such  suspected  person  residing  near  him,  may  (ex 
officio')  enquire  after,  take  up  and  send  such  person  before  the 
Governor,  as  aforesaid. 

This  Assembly  observing  the  growing  difficulties  in  this 
Colony  through   the  misunderstanding  of  the  law  entituled 

*  This  act  had  in  contemplation  the  Moravians,  who  had  established  a  mission 
among  the  Indians  at  Sharon  and  Kent. 

The  bill  seems  to  have  been  drawn  by  Jonathan  Trmnble,  and  was  based  on  a 
report  made  to  the  Assembly  by  Messrs.  James  Wadsworth,  Elilm  Chjiuncey,  John 
Ledyard  and  Joseph  Blackleach;'  in  which  report  they  saj',  "that  the  common  rumor 
is,  that  O'.ie  of  those  foreigners  have  told  the  Indians  that  his  majesty's  subjects  in 
these  plantations  will  be  destroyed  by  ;he  Europeans  settled  on  the  southwest  and  the 
north,  joyned  with  the  Flathea'ds  on  the  west.  And  we  are  also  told  that  the  school 
set  up  by  this  government  among  the  said  Indians,  westward  of  Kent,  was  dis- 
couraged and  put  by  thro'  the  influence  of  one  of  said  foreigners,  and  that  the  In- 
dians are  more  and  "more  estranged  from  his  majesty's  subjects  by  their  means.  And, 
upon  the  whole,  we  fear  his  majesty's  interest  may  be  greatly  indangered  by  the  said 
foreigners."     War,  IV.,  126,  127. 


522  PUBLIC    RECORDS  [May, 

An  Act  for  the  ease  of  such  as  soberly  dissent  from  the  way 
of  worship  and  ministry  established  by  the  laws  of  this  gov- 
ernment,* made  in  favour  of  such  as  do  soberly  dissent  from 
the  way  of  worship  and  ministry  established  in  this  Colony : 
And  notwithstanding  this  Assembly  liave  resolved,  that  those 
commonly  called  Presbyterians  or  Congregationalists  should 
not  take  benefit  by  said  law :  yet  some  of  the  parishes  estab- 
lished by  the  laws  of  this  Colony,  through  the  said  misunder- 
standing, have  been  greatly  damnified,  and  by  indirect  means 
divided  and  parted,  without  any  sufficient  reason  for  the  same ; 
for  that  those  which  have  gone  from  such  parishes  were  of  the 
same  opinion  with  such  as  could  not  take  benefit  by  said  law : 
Which  mischief  to  prevent, 

Be  it  enaeted  ly  the  Governor^  Oouncil  and  Representatives, 
in  Greneral  Court  assembled,  and  hy  the  authority  of  the  same, 
That  the  said  law,  entituled  An  Act  for  the  ease  of  such  as 
do  soberly  dissent,  &c.,  shall  be  repealed  and  made  void,  and 
the  same  is  hereby  repealed  and  made  void. 

And  be  it  further  enacted,  That,  for  the  future,  that  if  any  of  his 
Majesty's  good  subjects,  being  protestants,  inhabitants  of  this 
Colony,  that  shall  soberly  dissent  from  the  way  of  worship 
and  ministry  established  by  the  laws  of  this  Colony,  that  such 
[180]  persons  may  apply  themselves  to  this  Assembly  ||  for 
relief,  where  they  shall  be  heard.  And  such  persons  as  have 
any  distinguishing  character,  by  which  they  may  be  known 
from  the  presbyterians  or  congregationalists,  and  from  the 
consociated  churches  established  by  the  laws  of  this  Colony, 
may  expect  the  indulgence  of  this  Assembly,  having  first  be- 
fore this  Assembly  taken  the  oaths  and  subscribed  the  declara- 
tion provided  in  the  Act  of  Parliament  in  cases  of  the  like 
nature. 

An  Act  for  ascertaining  the  Brand  for  Horses  in  the 
Town  of  Ne^AT  Hartford. 
Be  it  enacted  by  the  Grovernor,  Council  and  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same. 
That  the  brand  for  horses,  &c.,  in  the  town  of  New  Hartford 
shaU  be  ^B. 

Upon  the  memorial  of  Tabitha  Atwater,  widow,  of  New 
Haven,  sinewing  that  her  son,  Samuel  Atwater  of  said  New 
Haven,  is  an  idiot,  and  weak  in  body,  and  uncapable  to  sup- 
port himself;  therefore  the  said  Tabitha  had  expended  much 
of  her  own  substance,  to  support  the  said  idiot ;  and  that  her 
said  son  had  a  considerable  estate  in  lands  ;  and  forasmuch  as 
said  lands  are  not  under  such  circumstances  as  by  their  im- 
provement would  maintain  the  said  Samuel,  therefore  the 

*  Passed  May,  1708.    Vol.  V.  50. 


1743.]  OF      CONNECTICUT.  5'2?j 

said  Tabitha  prayeth  that  she,  with  Jonathan  Atwater,  of 
said  New  Haven,  the  brother  of  the  said  idiot,  may  be  impow- 
ered  to  sell  so  much  of  the  said  Samuel's  land  as  may  defray 
the  charges  the  said  Tabitha  hath  already  been  at,  as  aforesaid ; 
and  likewise,  to  defray  future  charges  that  may  arise  in  refer- 
ence to  the  premises  :  Be  it  therefore  enacted  by  the  Gov- 
ernor, Council  and  Representatives,  in  General  Court  Assem- 
bled, and  by  the  authority  of  the  same,  that  the  said  idiot 
shall  be  supported  out  of  his  own  estate,  and  that  the  said 
Tabitha  and  Jonathan  Atwater  shall,  from  time  to  time,  sell 
such  parts  of  the  said  Samuel  Atwater's  lands  as  may  be 
necessary,  to  defray  the  said  charges  that  are  past  and  that 
may  arise  in  the  maintenance  of  the  said  idiot.  Always  pro- 
vided, that  before  any  of  said  land  be  sold,  the  account  of  the 
charges  shall  be  laid  before  the  judge  of  the  probate  in  the 
district  of  New  Haven,  and  .be  by  him  allowed.  And  that 
there  may  he  no  waste  of  the  said  idiot's  estate,  and  that  he 
may  be  well  maintained,  this  Assembly  doth  order  and  direct 
the  said  Tabitha  that,  some  time  in  the  month  of  August 
yearly,  she  lay  tlie  accounts  and  charges  in  reference  to  the 
maintenance  of  her  said  son,  before  the  said  judge,  who  is  to 
allow  the  same  according  to  his  best  discretion  ;  and  there- 
upon the  said  Tabitha  and  Jonathan  shall  proceed  to  raise 
such  sum  and  sums  so  allowed  out  of  the  said  idiot's  land, 
by  selling  the  same,  or  part  thereof,  to  the  highest  bidder ; 
and  what  lands  the  said  Tabitha  and  Jonathan  Atwaters  shall 
so  sell,  they  shall  give  and  pass  deeds  thereof  to  the  pur- 
chaser or  purchasers. 

[181]  Upon  the  memorial  of  Thankfull  Cooper,  adminis- 
tratrix on  the  estate  of  Doctor  Ebenezer  Cooper,  late  of  Wal- 
lingford,  deceased,  shewing  this  Assembly  that  the  debts  due 
from  said  estate  surmounts  the  moveable  estate  the  sum  of  two 
hundred  twenty-six  pounds  eighteen  shillings  and  a  penny ; 
and  praying  for  liberty  to  sell  lands,  &c.  :  Granted  by  this 
Assembly  liberty  unto  the  said  administratrix,  with  Capt. 
Samuel  Hall  of  Wallingford,  to  make  sale  of  so  much  of  the 
lands  of  the  said  deceased,  taking  the  advice  of  the  court  of 
probates  in  the  district  of  New  Haven,  as  to  enable  her  to 
pay  the  aforesaid  debts  with  the  necessary  charges  arising  on 
the  sale  of  said  land. 

Upon  the  memorial  of  the  inhabitants  of  the  town  of  Union 
in  the  county  of  Windham,  praying  to  this  Assembly  in  May, 
1743,  that  all  the  land  in  said  town  may  be  taxed  with  two 
pence  upon  an  acre,  to  be  improved  for  the  support  of  the  gos- 
pel ministry  in  said  town,  and  to  continue  for  four  years  next 
ensuing :   This  Assembly  doth  grant  a  tax  of  two  pence  an 


524  PUBLIC    KECORDS  [May, 

acre,  old  tenour,  on  all  the  land  in  said  town  of  Union,  to  be 
improved  in  the  use  aforesaid,  and  that  the  collector  of  the 
town  rate  in  said  town,  for  the  time  being,  shall  be  fully  im- 
powered  to  collect  said  tax  as  they  shall  become  due  to  said 
town  from  time  to  time,  and  deliver  the  same  to  the  selectmen 
of  said  town,  for  the  use  aforesaid. 

Upon  the  memorial  of  Deacon  Thomas  Hart,  Samuel  Sey- 
mour, Hezekiah  Hart  and  others,  inhabitants  of  the  parish 
Kensingtown,  setting  forth  the  great  disorder  and  confusions 
in  said  parish,  praying  for  relief:  Resolved  by  this  Assembly, 
that  the  said  Deacon  Hart,  Samuel  Thompson,  or  Nathaniel 
Hart,  of  said  Kensingtown,  shall  warn  all  the  inhabitants  of 
said  .society  that  have  right  to  vote  in  parish  meetings,  to 
meet  on  the  6th  day  of  June  next,  at  ten  of  the  clock  in  the 
forenoon,  at  the  meeting  house  in  said  parish,  then  and  there 
to  transact  in  such  affairs  as  may  relate  to  the  said  society. 
And  this  Assembly  do  appoint  and  fully  impower  Mr.  Joseph 
Buckingham  of  Hartford,  to  conduct  and  lead  said  meeting  as 
their  moderator.  And  the  said  moderator  is  hereby  directed 
to  lead  said  meeting  in  all  such  matters  and  things  as  he 
shall  think  proper,  that  so  peace  and  order,  if  possible,  may 
be  restored  to  said  society,  and  those  people  conducted  in  a 
proper  method  to  the  gaining  a  suitable  person  to  settle  witli 
or  supply  the  place  of  their  aged  and  infirm  minister,  who 
hath  acquainted  that  parish  that  he  is  not  able  to  serve  them 
longer.     To  be  done  at  the  costs  of  said  parish. 

Upon  the  memorial  of  Wait  Henman,  administrator  on  the 
estate  of  Joseph  Barker,  late  of  Woodbury,  deceased,  shew- 
ing this  Assembly  that  the  debts  due  from  the  estate  of  said 
deceased  surmounts  the  moveable  estate,  and  shewing  that 
there  is  one  quarter  of  an  acre  of  land  belonging  to  said 
estate,  and  praying  for  liberty  to  sell  the  same :  Granted  by 
this  Assembly  liberty  to  the  said  Wait  Henman  to  sell  said 
quarter  of  an  acre  of  land,  taking  the  advice  of  the  court  of 
probate  in  the  district  of  Woodbury,  so  as  to  enable  said  ad- 
ministrator to  pay  said  debts  and  charges  arising  on  the  sale 
of  said  land,  so  far  as  that  will  go. 

[182]  An  Act  for  regulating  Fees,  Fines,  Penalties, 
Ferriages,  &e. 
Be  it  enacted  hy  the  Grovemor,  Council  and  Representatives, 
in  General  Court  assembled,  and  hy  the  authority  of  the  same, 
That  the  establishment  of  the  fees  belonging  to  the  several 
ofl&cers  in  this  Colony  be  as  follows : 

£  s.  d. 
Assistants  Fees. 

For  attending  the  General  Assembly,  j!?er  (^^e??i,         0  6  0 

For  travel  per  mile  out,     -  -  -  -     0  0  4 


1743.]  OF      CONNECTICUT.  525 

Representatives  Fees. 

For  attending  the  General  Assembly,  per  diem. 

For  travel  per  mile  out,     - 

Superiour  Courts  Fees. 

Chief  judge,  per  diem, 

Assistant  judges,  per  diem, 

Trying  each  action,     -  -  -  - 

Each  default  or  confession. 

To  the  jury,    ----- 
Clerk  of  the  Superiour  Courts  Fees. 

Entering  each  action  and  judgment. 

Filing  each  individual  testimony, 

Each  execution,    -  -  -  - 

Entering  judgment  acknowledged. 

Copy  of  each  testimony,  -  -  - 

County  Courts  Fees. 

Chief  judge,  per  diem,       -  -  - 

Justices  of  the  quorum.,  per  diem, 

Trying  of  each  action,  whereof  to  the  jury  12s. 

Each  judgment  on  default  or  confession. 

For  a  licence  to  each  tavern-keeper,  whereof  to 
the  clerk  Is.  - 

Clerk  of  County  Court  Fees. 

Entering  every  action,  .  -  _ 

Entering  every  judgment, 

For  attachment,  summons  and  execution,  and 
other  things  proper  to  him,  as  in  the  assist- 
ants and  justices  fees,  _  -  _ 
Court  of  Probates  Fees. 

Granting  administration,  (to  the  judge,)        -  0       16 

Receiving  and  probate  of  every  will  and  the  in- 
ventorv  of  fifty  pounds,  or  under,  (whereof 
to  the  clerk  9d.)  -  -  -  0       2     0 

Receiving  and  probate  of  every  will  and  inven- 
tory of  above  fifty  pounds,  (whereof  to  the 
clerk  Is.)  -  -  -  -030 

Each  quietus,  (whereof  to  the  clerk  6c?.)  -     0       10 

Recording  every  will  and  inventory  of  fifty  pound 

or  under,  -  -  -  -  0       2     6 

Recording  every  will  and  inventory  of  above  fifty 
pounds   and   not   exceeding   one  hundred 
pounds,  -  -  -  -  -030 

Also  six  pence  per  hundred  for  every  hundred 
pounds  after  the  first  hundred,  and  half  so 
much  for  copy  of  the  same,   -  -  - 

Each  bond  for  administration,  and  each  letter 

of  administration,      -  -  -  -     0       1     0 


0 

4 

0 

0 

0 

4 

0 

10 

0 

0 

7 

6 

0 

10 

0 

0 

5 

0 

0 

12 

0 

0 

2 

0 

0 

0 

2 

0 

1 

6 

0 

1 

0 

0 

0 

4 

(3 

6 

6 

0 

4 

6 

0 

18 

0 

0 

3 

0 

0 

3 

0 

0 

0 

3 

0 

1 

0 

526  PUBLIC     RECORDS  [May, 

Every  citation,  -  -  -  -  0       0-4 

[183]  Making  out  a  commission,  receiving  and 
examining  the  claims  of  creditors  to  insol- 
vent estates,  and  registering  the  same,  -     0       10 

Registering  the. commissioners  report  per  page, 
for  each  page  twenty-eight  lines  ten  words 
in  a  line,        -  -  -  -  -006 

Entering  an  order  upon  the  administrator  to 
pay  out  the  estate  in  proportion  unto  the 
several  creditors  returned  by  the  commis- 
sioners, -  -  -  -  -006 

Allowing  of  accounts  settling  and  dividing  in- 
testate estates. 

Appointing  guardian  and  taking  bond, 

Assistants  aud  Justices  Fees. 

Attachment  or  summons  for  action, 

When  bond  is  given, 

A  warrant  for  witnesses,  - 

Entry  and  tryal  of  an  action. 

Every  execution,  -  -  -  - 

Every  warrant  for  criminals. 

Bond  for  appeal,    -  -  -  - 

Copy  of  evidence,  the  least,  -  -  - 

Copies  of  judgments,        _  _  _ 

Every  recognizance,    -  -  -  - 

Judgment  on  confession  or  default. 

Affidavits  taken  out  of  court,  each,    - 

Acknowledging  a  deed  or  mortgage  or  other  in- 
strument, -  -  -  -  0       0     6 
Secretarys  Fees. 

Recording  laws  and  orders  of  publick   concern- 
ment in  the  Colony  records,  each, 

Affixing  the  Colony  seal,  each  time. 

Each  military  commission,      -  -  . 

Each  commission  for  the  justices  in  each  county. 

Commission  for  tlie  judges  of  the  superiour  court, 

Commission  for  the  judges  of  the  county  court 
and  court  of  probates,  each, 

Each   petition  or  memorial  to  the    General  As- 
sembly,   ----- 

To  the  General  Assembly,  for  every  petition, 
Sheriff  and  Constables  Fees, 

Serving  every  summons,  _  _  _ 

If  by  copy, 

Serving  every  attachment,  _  _  _ 

Bail  bond,       -  -  -  -  - 


0 

1 

6 

0 

1 

0 

0 

0 

6 

0 

0 

9 

0 

0 

4 

0 

2 

0 

0 

1 

0 

0 

1 

0 

0 

0 

6 

0 

0 

4 

0 

0 

6 

0 

0 

6 

0 

1 

0 

0 

0 

6 

0 

1 

0 

0 

1 

0 

0 

1 

0 

0 

5 

0 

0 

3 

0 

0 

1 

6 

0 

1 

6 

1 

0 

0 

0 

0 

4 

0 

0 

6 

0 

0 

6 

0 

0 

8 

1743.]  OP      CONNECTICUT.  527 

Levying   every  execution   not   exceeding   five 

pounds,  -  -  -  -  0       2     0 

Levying  every  execution  more  than  five  pounds 

and  not  exceeding  ten  pounds,  -  0       3     0 

Levying  every  execution  more  than  ten  pounds 

and  not  exceeding  twenty  pounds,         -  0       5     0 

Levying  every  execution  more  than  twenty  pounds 

and  not  exceeding  forty  pounds,  -  0       7     6 

For  any  greater  sums  than  forty  pounds  he  shall 
be  allowed  after  the  rate  of  two  shillings 
more  advanced  on  every  twenty  pounds  above 
the  sum  of  forty  pounds  which  shall  be 
levyed  by  the  said  execution,  and  the  above- 
said  fees  on  executions  shall  be  taken  in  the 
same  currency  that  is  to  be  levyed  by  each 
respective  execution.  .  .  _ 

Attending  at  justices  court  when  obliged  to  at- 
tend, for  each  action  tryed,  -  -     0       1     0 
Each  mile  travel  out,                           -             -  0       0     1| 
Sheriff  attending  the  General  Assembly,  superi- 

our  court  or  county  court,  per  diem,       -  0       3     6 

[184]  Constable  for  the  like  servive,  2^t;r  cZiem,    -     0       3     0 
Fees  for  plaintiff,  defendant  or  evidences  attend- 
ing any  court,  per  diem,       -  -  -     0       1     6 
Travel  for  plaintiff,   defendant  or  evidence,  to 

any  court,  per  mile,  -  -  -     0       0     1^ 

Fees  for  a  jury  employed  in  laying  out  high-ways 

shall  be  for  every  juror,  j?er  (i/ew2,   -  -     0       3     0 

And  the  sheriff  attending  on  said  jury,p?r  diem,    0       4     0 

And  be  it  further  enacted  hy  the  authority  aforesaid,  That 
all  fees  and  allowances  by  this  act  not  provided  for,  and  all 
fines,  forfeitures  and  penalties,  and  the  fares  of  the  respective 
ferries  in  this  Colony,  shall  be  paid  in  bills  of  publick  credit 
of  this  old  currency,  excepting  where  some  other  currency  is 
by  statute  expressly  ordered  and  provided  for,  until  this  As- 
sembly shall  order  otherwise. 

Resolved  hy  this  Assembly,  That  the  military  company  or 
companies  within  the  parish  of  Oxford,  which  lyes  partly 
within  the  bounds  of  the  town  of  Woodbury,  in  Fairfield 
county,  and  partly  within  the  bounds  of  the  towns  of  Derby 
and  Waterbury,  in  New  Haven  county,  be  annexed  to  the 
second  regiment  within  this  Colony. 

Upon  the  memorial  of  Rachel  Cadwell,  administratrix  on 
the  estate  of  Aaron  Cadwell,  late  of  Hartford,  deceased, 
shewing  to  this  Assembly  that  tiiere  is  an  addition  of  debts 


528  PUBLIC    RECORDS  [May, 

due  from  said  estate,  amounting  to  the  sum  of  £21  Os.  4d. 
praying  for  liberty  to  sell  of  the  lands  of  the  said  deceased 
sufficient  to  answer  said  debts,  &c. :  Resolved  by  this  Assem- 
bly, that  the  said  Rachel  Cadwell,  administratrix  as  above- 
said,  together  with  John  Butler  junior  of  Hartford,  who  is 
hereby  joy ned  with  the  said  administratrix  to  that  purpose, 
have  liberty  and  full  power  to  sell  and  make  disposition  ac- 
cording to  law,  of  so  much  of  the  real  estate  of  the  said  de- 
ceased as  will  amount  to  the  sum  of  X21  Os.  4d.  with  the 
necessary  charges  arising  on  such  sale,  taking  the  advice  of 
the  court  of  probates  in  the  district  of  Hartford  therein. 

Upon  tlie  memorial  of  the  Nehantick  Indians,  complaining 
of  trespasses  &c.  on  their  lands  in  said  Nehantick,  and 
praying  this  Assembly  to  appoint  a  committee  of  judicious 
and  disinterested  men,  to  repair  to  said  Nehantick  and  notify 
all  persons  having  any  claims  to  any  right  of  herbage  in  said 
Indian  lands  to  appear  before  said  committee  and  lay  before 
them  their  evidence  to  any  right  of  herbage  in  said  Indian 
lands  :  Resolved  by  this  Assembly,  that  Samuel  Lynde,  Jeda- 
diah  Chapman  and  John  Tully,  Esqi'S  be  a  committee  to  re- 
pair to  said  Nehantick  and  notify  said  claimers  to  any  right 
in  said  Indian  lands  to  appear  before  them,  and  consider  their 
evidences  and  hear  them  thereon,  and  make  report  to  this 
Assembly  at  their  sessions  in  October  next,  what  right  said 
claimers  have  in  said  lands  and  how  it  ought  to  be  improved, 
and  whether  said  claimers  trespass  on  said  Indian  rights. 

Upon  the  memorial  of  the  society  of  Chester,  in  Saybrook, 
shewing  to  this  Assembly  that  they  did,  in  their  sessions  in 
October,  1740,  grant  them  to  be  a  distinct  ecclesiastical  soci- 
ety, and  also  grant  to  them  a  tax  on  their  unimproved  lands 
for  the  defraying  their  parish  charges :  but  did  not  appoint 
and  impower  any  person  to  gather  and  collect  said  tax : 
This  Assembly  grants  power  to  Capt.  Abraham  Waterhouse 
of  said  parish  to  gather  and  collect  said  tax  for  the  purpose 
abovesaid,  and  deliver  in  the  same  to  the  committee  of  said 
parish. 
[18S]  The  Additions  to  the  Lists  of  Estate  of  the  several 

To^A/■ns    in    this   Governnaent    hereafter    mention- 
ed, sent  in  to  this  Assembly,  are  as  follow,  Cviz:J) 


Single  Additions. 

Fourfold  Assessments. 

£     s.  d. 

£    s.d. 

To  Colchester, 

1049  12  0 

43  12  0 

To  Guilford, 

■    243  10  0   - 

-     977     1  4 

To  New  London, 

862  10  0 

_ 

To  Windham, 

508  12  6    - 

-      12     0  0 

To  Lebanon, 

162  13  0 

873  18  0 

1 

'   1743.] 

OP      CONN] 

To  Lyme, 

778     0  0 

To  Waterbury, 

158     0  0 

To  Farming-town, 

501  13  3 

To  Fairfield, 

261  16  6 

To  Saybrook, 

212  11  0 

To  Standibrd, 

418  19  9 

To  East  Haddam, 

285     0  0 

To  Groton, 

251     5  0 

To  Pomfrett, 

155     0  0 

To  New  Haven, 

2151  10  9 

To  Norwich, 
To  Preston, 

283     9  6 

609     4  0 

To  Brandford, 

431  12  6 

To  Greenwich, 

To  Derby, 

196     7  6 

To  Haddam, 

216     4  3 

To  Wallingford, 

1801     8  6 

To  Norwalk, 

740     6  0 

To  Windsor, 

1416     8  9 

To  Weathcrsfield, 

306     1  0 

To  Hartford, 

1343  18  6 

To  Canterbury, 

731  16  0 

To  Stratford, 

20     0  0 

To  Coventry, 

151     0  0 

To  Hebron, 

534  19  0 

To  Killingworth, 

354  11  0 

To  Danbury, 

176  17  9 

529 


90  0  0 
446  14  0 

12  0  0 
192  10  0 


2512  0  0 
2636  4  0 

866  0  0 
857  13  0 


305  16  0 

52  0  0 

32  0  0 

412  7  0 

188  0  0 

248  0  0 

818  6  0 


Upon  the  memorial  of  James  Walker,  of  Stratford  in  Fair- 
field county,  shewing  to  this  Assembly  that  he,  the  said 
Walker,  lives  in  the  utmost  northwest  limits  of  the  first  soci- 
ety in  said  Stratford,  so  that  he  is  under  great  difficulty  of  at- 
tending the  publick  worsliip  of  God  in  said  first  society,  and 
is  so  situated  as  that  he  can  with  much  greater  ease  and  con- 
veuiency  attend  tlie  publick  worship  of  God  in  the  parish  of 
Unity  in  said  Stratford ;  praying  this  Assembly  that  he  may 
be  annexed  to  said  parish  of  Unity:  Resolved  by  this  Assem- 
bly, that  the  said  James  Walker  be  annexed  to  said  parish  of 
Unity;  and  for  the  future  the  line  dividing  between  said  first 
society  in  said  Stratford  and  said  Unity  parish  sliall  so  run  as 
to  take  the  present  dwelling  house  and  homestead  of  the  said 
James  Walker  in  said  parish  of  Unity. 

Upon  the  memorial  of  Jonathan  Pettitt,  o£  Sharon,  and  John 

Pettitt,  administrators  on  the  estate  of  Samuel  Pettitt,  late  of 

Stanford,  deceased,  representing  that  tlie  debts  due  from  said 

estate  surmounts  tlie  sum  of  the  chattels  and  credits  to  the 

67 


530  PUBLIC    RECORDS  [May, 

sum  of  =£127  Is.  lOcZ.,  and  thereupon  praying  for  a  liberty  to 
sell  so  much  of  the  real  estate  of  said  deceased  as  may  suffice 
to  pay  and  answer  said  debts  with  the  incidental  charges,  &c., 
as  per  their  memorial  on  file,  dated  May  12th,  1743 :  Resolved 
by  this  Assembly,  that  the  said  administrators  be  allowed,  and 
they  are  hereby  allowed  and  impowered,  to  make  sale  and  dis- 
position of  such  and  so  much  of  the  lands  or  real  estate  of 
the  said  deceased  as  to  pay  and  discharge  the  said  debts  with 
incidental  charges,  and  accordingly  apply  the  money  thereby 
raised  to  that  purpose. 

[18(5]  Upon  the  memorial  of  Capt.  David  Worster,  late 
commander  of  the  sloop  Defence,  representing  that,  over  and 
above  his  commissions  as  captain,  he  also  sustained  and  dis- 
charged the  office  and  duty  of  purser  of  said  sloop,  &c.,  and 
also  that  he  had  expended  a  considerable  time  in  attending  on 
settlement  of  his  accounts,  paying  off  the  men,  &c.,  for  all 
which  he  hath  had  no  allowance ;  thereupon  prays  to  be  con- 
sidered in  the  premises,  and  allowed  what  is  reasonable,  &c., 
as  per  his  memorial  on  file,  dated  May  19th,  1743:  Resolved 
by  this  Assembly,  that  the  memorialist  be  allowed,  in  satisfac- 
tion for  his  time  and  trouble,  &c.,  aforesaid,  the  sum  of  twenty 
pounds  sixteen  shillings  and  six  pence  in  bills  of  the  old  cur- 
rency. And  the  Treasurer  of  this  Colony  is  hereby  ordered 
to  pay  the  same  out  of  the  publick  treasury  accordingly. 

Upon  the  memorial  of  Daniel  Edwards,  of  Hartford,  and 
Samuel  Mix,  of  New  Haven,  a  committee  heretofore  appointed 
for  the  repair  of  the  rector's  house  at  New  Haven,  &c.,  shew- 
ing that,  by  some  oversight,  nothing  had  been  allowed  tor  their 
services,  and  praying  to  be  remembered  respecting  that  matter, 
&c.,  as  per  their  memorial  on  file,  dated  May  6th,  1743:  Re- 
solved by  this  Assemljly,  that  the  memorialists  be  allowed  for 
their  trouble  and  service  in  the  affairs  abovesaid,  the  sum  of 
twelve  pounds  in  bills  of  the  old  currency.  And  the  Treas- 
urer of  this  Colony  is  hereby  ordered  to  pay  the  said  sum  out 
of  the  publick  treasury  accordingly. 

Upon  the  memorial  of  John  Webster,  Samuel  Root,  Robert 
Cook,  and  sundry  others,  inhabitants  of  the  parish  of  Southing- 
ton  in  tlie  town  of  Farmington  in  Hartford  county,  represent- 
ing that  at  a  meeting  of  said  society,  warned  only  in  general 
terms,  without  signifying  anything  uncommon  or  extraordinary 
to  be  acted  or  done,  holden  at  said  parish  on  the  6th  of  De- 
cember last,  and  l)y' sundry  adjournments  on  the  21st  and  22d 
of  said  December,  among  other  things  new  and  unexpected, 
it  was  voted,  that  after  and  as  soon  as  the  council,  they  pro- 
posed to  have  there  on  that  occasion,  should  dismiss  Mr.  Car- 


1743.]  OF      CONNECTICUT.  581 

tisR,  their  minister,  in  such  case  there  should  be  a  rate  to  pay 
him  two  hundred  pounds  and  to  pay  the  charge  of  such  coun- 
cil: that  such  dismission  never  happening,  yet  one  Samuel 
Andruss  of  said  ])arish,  being  at  said  meeting  chosen  collector, 
l)y  virtue  of  a  certain  distress  signed  by  Thomas  Hart,  justice 
of  the  peace,  did  distrain  of  the  memorialists,  among  others 
of  said  inhabitants,  sundry  sums  of  money,  which  were  par- 
ticularly annexed  to  their  respective  names  inserted  in  a  cer- 
tain list  witliout  authority  made  and  to  said  distress  annexed ; 
and  praying  the  said  collector  be  inhibited  further  to  execute 
said  distress,  and  directed  to  return  the  moneys  by*  virtue 
thereof  taken  ;  as  per  their  memorial  on  file,  dated  May  19th, 
1743 :  Resolved  by  this  Assembly,  that  the  said  collector  be 
inhibited,  and  he,  the  said  collector,  hereby  is  inhibited  and 
forl)idden,  further  to  proceed  on  said  acts  or  precept,  and  is 
also  ordered  and  directed  to  pay  and  return  the  several  sums 
of  money  by  said  distress  taken,  to  the  respective  persons  from 
whom  so  distrained,  on  their  demand. 

Whereas  on  the  memorial  of  Capt.  Chickens,  an  Indian  sa- 
cliem  living  in  the  parish  of  Reading  in  Fairfield  county,  at 
the  General  Assembly  of  this  Colony  exhibited  in  May  last, 
representing  tliat  in  and  by  one  certain  deed  of  conveyance  of 
a  certain  tract  of  land  in  said  memorial  referred  to,  he  has 
saved  and  reserved  so  mucli  thereof  as  he  and  his  children, 
&c.,  should  need  for  their  improvement,  &c.,  and  moving  for 
lands  to  be  admeasured  to  him,  &c.,  Roger  Newton,  John 
Fowler  and  Robert  Treat,  all  of  Milford,  Esq'"s,  were  appoint- 
[187]  ed  II  a  committee,  and  to  make  return  to  the  Asseml)ly 
in  Octol>er  then  next:  And  whereas  it  happening  that  said 
committee  have  not,  as  yet,  been  called  forth  upon  said  busi- 
ness, and  the  time  limited  and  their  making  return  being 
elapsed,  the  said  Chickens  now  moving  that  the  said  commit- 
tee miglit  be  anew  appointed  to  enquire  into  the  matters  in 
said  memorial  ailed ged  or  referred  to,  to  repair  to  and  view 
said  lands  in  said  conveyance  contained,  and  what  and  how 
much  of  said  lands,  by  virtue  of  said  reserve,  ought,  under 
the  present  circumstances  of  said  Chickens's  family,  to  be  ad- 
measured out,  and  admeasure  out  the  same  by  proper  meets 
and  bounds,  &c. :  Resolved  hy  this  Assembly,  that  the  said 
committee,  or  any  two  of  them,  be  anew  appointed  to  proceed 
on  said  business,  and  make  report  in  the  premises  to  this  As- 
sembly in  October  next. 

Upon  tlie  memorial  of  Peter  Tyler,  John  Baldwin  and  oth- 
.ers,  some  inhabitants  of  Branford,  some  of  Wallingford  and 
some  of  Guilford,  representing  their  situation  to  be  such  as 


532  PUBLIC    RECORDS  [May, 

that  they  might  most  commodiously  be  formed  together  into 
a  parish  distinct  from  the  several  parislies  whereto  they  be- 
long, and  moving  for  a  committee  to  view,  report,  &c.,  as  per 
said  memorial  on  file,  dated  May,  2d  Thursday,  A.  D,  1743: 
Resolved  by  this  Assembly,  that  a  committee  be  granted  as 
prayed  for.  And  John  Hubbard,  Esq'',  and  Messrs.  Hamuel 
Mix  and  John  Hitchcocl^,  all  of  New  Haven,  or  any  two  of 
them,  are  hereby  appointed  a  committee,  at  the  charge  of  the 
memorialists,  to  repair  to  and  view  the  land  in  said  memorial 
referred  to,  and  the  circumstances  of  the  memorialists ;  and  of 
what  they  find  and  judge  in  the  premises  to  make  report  to 
this  Assembly  in  their  sessions  at  New  Haven  in  October  next. 

Upon  the  memorial  of  Thomas  Pierce,  praying  that  an  ex- 
ecution obtained  by  the  memorialist  against  the  Governor  and 
Company  maybe  satisfied  out  of  the  treasury  of  this  Colony: 
Ordered,  that  the  Treasurer  of  this  Colony  pay  out  to  the  me- 
morialist the  sum  of  eleven  shillings  and  seven  pence  in  law- 
ful money,  and  2s.  more  old  tenour  for  tlie  writ,  and  see  the 
said  execution  endorsed  satisfied  in  full. 

Upon  the  memorial  of  the  west  school  society  in  New  Lon- 
don in  the  county  of  New  London,  therein  sliewing  that,  for 
the  reasons  therein  offered,  they  might  be  established  into  two 
distinct  school  societies,  and  that  the  dividing  line  to  be  as  the 
society  have  agreed  and  voted,  (^viz:}  a  line  from  James  Doug- 
lasses house  to  Robert  Waterhouses  house,  from  thence  to 
William  Waterhouses,  and  from  thence  a  west  line  as  far  as 
the  society  extends,  and  from  the  aforesaid  James  Douglases 
an  east  line  as  far  as  the  societj  extends  ;  and  that  the  persons 
and  houses  abovementioned  do  belong  to  the  south  part  of 
the  society  when  divided,  and  all  the  persons  and  families 
northward  of  said  line  do  belong  to  the  north  part  of  said  so- 
ciety when  divided,  &c.:  Resolved  by  this  Assembly,  that  the 
said  west  school  society  be  divided  into  two  distinct  school 
societies  by  the  bounds  and  lines  aforesaid,  witli  the  same 
privileges  that  were  granted  to  the  said  society  by  this  Assem- 
bly when  first  erected.  " 

On  the  memorial  of  David  Miller,  of  Midletown  in  the 
county  of  Hartford,  praying  for  the  reversal  of  a  judgment 
given  for  the  forfeiture  of  a  bond  of  recognizance  given  by 
said  Miller  the  second  Tuesday  of  April  last  for  his  appearing 
at  the  county  court  held  in  Hartford  in  the  said  month  of 
April  last,  to  answer  to  the  presentment  of  one  of  the  grand- 
[188]  jurors  ||  of  the  county  of  Hartford,  for  breach  of  the 
peace,  &c. :  Resolved  by  this  Assembly,  that  the  said  David 
Miller  have  liberty,  at  any  time  till  within  six  days  before  the 


1748.]  OP     CONNECTICUT.  588 

sitting  of  the  adjourned  county  court  to  be  holden  in  Hartford 
on  the  3d  Tuesday  of  June  next,  to  appear  before  George 
Wyllys,  Esq"",  clerk  of  the  county  court  in  the  county  of  Hart- 
ford, and  pay  the  full  cost  taxed  against  him  in  said  April 
court,  and  enter  into  a  recognizance  in  form  for  twenty  pounds 
lawful  money,  for  appearing  at  the  adjournpd  county  court  to 
be  holden  at  Hartford  on  the  third  Tuesday  of  June  next,  to 
answer  to  the  presentment  of  the  aforesaid  graudjuror,  as  on 
the  files  of  the  said  county  court;  which  clerk  is  liereby  fully 
inijiowered  to  take  the  said  bond  of  recognizance.  And  on 
the  said  Miller's  complying  with  this  act  as  aforesaid,  then  the 
judgment  of  the  said  county  court  shall  be  set  aside  and  made 
void,  otherwise  not;  any  thing  in  this  act  to  the  contrary  not- 
withstanding. 

Upon  the  memorial  of  Benjamin  Stephens,  Ebenezer  Bost- 
wick,  and  other  inhabitants  and  dwellers  in  the  northeast 
corner  of  Danbury  township  and  in  the  north  part  of  the  town- 
ship of  Newtown  and  in  the  south  part  of  the  township  of  New 
Milford,  praying  for  a  committee  to  view  their  circumstances 
in  respect  to  their  being  set  off  and  made  a  distinct  ecclesias- 
tical society,  or  having  liberty  for  a  winter  parish,  &c.  :  Re- 
solved by  this  Assembly,  that  Colonel  William  Preston,  Mr. 
Noah  liinman  and  Captain  Thomas  Kno\ylcs,  all  of  Wood- 
bury, be  a  committee  to  repair  to  the  memorialists  abode,  at 
their  cost,  and  after  notifying  all  parties,  and  liaving  heard 
their  pleas  and  viewed  their  circumstances,  hi  respect  to  their 
being  a  distinct  ecclesiastical  society  or  having  liberty  to  hire 
preaching  in  the  extreme  season  in  the  year  ;  and  if  said  com- 
mittee think  proper,  to  draw  the  line  in  each  town  for  the 
bounds  to  said  society ;  and  make  report  of  their  opinion  and 
doings  thereon  to  this  Assembly  in  October  next. 

Upon  the  memorial  of  George  Holmes,  agent  for  the  parish 
of  New  Salem  in  Colchester,  &c.,  therein  praying  for  a  tax  to 
be  laid  on  all  the  unimproved  lands  in  said  parish,  to  be  made 
and  collected  for  the  space  of  four  years  next  coming,  to  be 
improved  for  the  support  of  the  gospel  in  said  parish :  Re- 
solved by  this  Assembly,  that  all  the  unimproved  lands  in 
the  parish  aforesaid  be  taxed,  for  the  space  of  four  years  next 
coming,  at  an  half-penny  lawful  money  per  acre  annually  dur- 
ing said  space,  and  the  money  so  levyed  and  collected  annually 
to  be  applied  towards  the  support  of  the  gospel  ministry  in 
said  parish  ;  and  that  the  said  George  Holmes  is  appointed  to 
gather  and  collect  the  same,  and  make  up  accounts  annually 
with  the  committee  of  said  parish. 

Upon   the   memorial   of  Zachariah  Paddock    and   others, 


^M  PUBLIC      RECORDS  [^l^aj, 

members  of  the  second  society  of  Mansfield,  praying-  this  As- 
sembly to  appoint  a  committee  to  fix  a  place  for  a  meeting 
house  in  said  society  :  Resolved,  that  Colonel  Jonathan 
Trumble  of  Lebanon,  Colonel  John  Dyer  of  Canterbury,  and 
Joshua  Huntington  of  Norwich,  Esqi's.  be  a  committee  to  view 
the  circumstances  of  said  society,  hear  the  members  thereof, 
and  fix  a  place  for  a  meeting  house  in  and  for  said  society, 
and  make  report  thereof  to  tliis  Assembly  in  October  next. 

[189]    To   the  Honoura1)le   General    Assembly   sitting   at 
Hartford,  May  instant. 

Whereas  your  Honours,  in  your  present  sessions,  appointed 
us,  the  subscril)ers  hereunto,  a  committee  to  repair  unto  the 
first  society  in  Stratford,  to  view  their  circumstances  and 
liear  the  parties  and  affix  a  place  for  the  iuhal)itants  of  said 
parish  to  build  a  meeting  house  upon,  and  make  report,  &c.,* 
we  beg  leave  to  report  on  the  premises  as  followeth :  Having 
repaired  to  said  parish,  did,  on  the  2od  and  24th  days  of  this 
instant,  view  their  said  circumstances  and  hear  all  parties 
concerned  fully  on  the  premises ;  and  having  weighed  and 
considered  the  same,  have  set  up  a  stake  with  stones  laid  aliout 
it  on  the  meeting  house  hill,  (so  called,)  westerly  from  their 
meeting  house,  where  their  timber  now  lyes  ;  which  said  place, 
we  are  humbly  of  opinion,  under  all  the  circumstances  of  said 
parish,  is  the  most  convenient  place  for  the  inhabitants  of 
said  parish  to  build  their  meeting  house  upon.  All  which  is 
submitted  to  your  Honours  by  your  obedient,  humljle  serv- 
ants. 
Dated  Stratford,  May  the.  24th,        Benjamin  Hall,  ) 

Ann.  Domini  1743.  Robert  Treat,     V  Com^ee. 

John  Hubbard,  ) 

Wliicli   report  is  accepted  and  approved  by  this  Assembly. 

Upon  the  memorial  of  Samuel  Sturgis,  one  of  the  consta- 
bles of  Fairfield,  to  gather  the  country  rate,  shewing  to  this  As- 
sembly that  he  made  up  accounts  with  the  Treasurer  for  the 
year  1740,  and  paid  him  the  rate  upon  Reading  list,  who  are 
exempted,  which  amounts  to  twelve  pounds  sixteen  shillings 
and  two  pence  ;  and  praying  for  relief:  This  Assembly  do 
order  Colonel  John  VVliiting,  Treasurer,  to  repay  back  to 
said  Sturgis  the  sum  of  twelve  pounds  sixteen  shillings  and 
two  pence  old  tenour. 

Upon  the  memorial  of  Nathaniel  Gove,  junior,  of  Lebanon, 
representing  to  this  Assembly  that  the  memorialist  gave  a  deed 
of  two  pieces  of  land  lying  in  said  Lebanon,  containing  in 
the  whole  thirty-two  acres,  to  one  Jedadiah  Thompson  of 

*The  order  appointing  them  is  found  on  page  542,  post. 


1743.]  OF      CONNECTICUT.  535 

Stouingtowii,  by  which  deed  the  said  Thompson  was  to  hold 
said  land  only  as  a  pledge  and  his  security  for  one  hundred 
and  eight  pounds  money,  which  the  said  Thoni|)son  was  se- 
curity for  with  the  memorialist  to  one  John  Denisson, 
and  that  the  memorialist  had  paid  the  said  luindred  and  eight 
pounds,  and  according  to  his  contract  upon  which  said  deed 
was  given,  he  ought  to  have  the  said  land  reconveyed  tu  him 
again  :  butthe  said  Thompson  being  deceased,  and  his  heirs  l>e- 
ing  infants,  a  reconveyance  by  them  could  not  be  made  ;  pray- 
ing this  Assembly  to  appoint  some  proper  person  to  reconvey 
said  land,  and  that  the  same  might  be  a  bar  to  the  heirs  of 
said  Thompson  :  And  it  appeariiig  to  this  Assembly  that  the 
said  Jedadiah  Thompson  became  bound  to  the  said  John  Den- 
nisson  as  surety  with  the  memorialist  for  the  sum  of  one  hun- 
dred and  eight  pounds  money,  and  to  save  the  said  Thomp- 
son harmless  from  the  said  obligation  the  memorialist  gave  a 
deed  of  sale  of  two  pieces  of  land  lying  in  said  Lebanon,  tlie  one 
containing  about  twenty-nine  acres,  bounded  southerly  on  the 
highway  that  leads  to  flartford,  easterly  on  Nathaniel  Blisses 
land  and  John  Huntington's  land,  northerly  on  a  highway 
that  S.  Hutchinson  sold  to  Benjamin  Brewster  and  Capt.  Jo- 
seph Marsh,  westerly  on  land  belonging  to  the  fathei'  of  the 
memorialist ;  the  other  piece  containing  about  three  acres, 
bounded  southerly  on. the  highway  last  mentioned,  easterly, 
northerly  and  westerly  on  land  of  Jonathan  Curtiss  partly,  and 
partly  on  land  of  the  father  of  the  memorialist ;  which  deed 
[190]  is  dated  the  first  day  of  July,  1734,  ||  and  that  the 
memorialist  himself  paid  and  answered  said  obligation  to  said 
Denison,  and  the  said  Thompson  was  saved  harmless  there- 
from, and  therefore  in  equity  the  memorialist  ought  to  have 
said  land  reconveyed  to  him,  and  that  the  said  Thompson  is  de- 
ceased, and  his  heirs  to  whom  his  real  estate  is  descended  are 
minors  and  uncapable  to  reconvey  said  land  :  In  consideration 
whereof,  this  Assemldy  appoint,  impower  and  authorize,  Jo- 
seph. Cheesbrough  and  Thankfull  Cheesbrough  of  said  JSton- 
ington,  to  make  and  execute  a  deed  of  said  lands,  in  behalf 
of  the  heirs  of  the  said  Thompson,  to  thememorialist,his  heirs, 
&c. ;  which  deed,  so  executed,  shall  by  a  good  and  valid  con- 
veyance of  the  right  that  the  said  Thompson  had  by  his  deed 
from  the  memorialist ;  and  that  the  heirs  and  legal  repre- 
sentatives of  the  said  Thompson,  and  all  pretending  to  claim 
under  them,  shall  by  said  deed  be  barred  from  recovering  and 
holding  said  land. 

Upon  the  memorial  of  Joseph  Leavinz  and  Isaac  Cutler, 
agents  for  the"  first  society  in  the  town  of  Killingly,  shewing 
this  Assembly  that  they  did,  iu  their  sessions  in  October  last. 


536  PUBLIC    RECORDS  [Mav, 

appoint  a  committee  to  repair  to  said  society  and  view  the 
circumstances,  and  consider  whether  it  were  not  best  to  divide 
said  society,  and,  if  thought  best,  to  describe  a  line  of  parti- 
tion, &c.  ;  and  shewing  that  said  committee  were  providen- 
tially hindered  of  attending  said  business ;  and  therefore 
now  praying  that  the  same  committee  may  be  appointed  with 
the  same  power  and  authority  as  formerly  :  Granted  by  this 
Assembly,  that  the  said  committee  repair  to  said  society  and 
view  their  circumstances  as  prayed  for,  and  report  to  this  As- 
sembly their  opinion,  at  their  sessions  in  October  next,  what  is 
best  to  be  done  in  the  premises. 

Upon  the  memorial  of  John  Griswould,  Richard  Lord  and 
John  Lee,  selectmen  for  the  town  of  Lyme,  shewing  to  this 
Assembly  that  William  Borden,  junior,  of  said  Lyme,  a  minor 
about  sixteen  years  old,  is  fallen  under  lameness  and  not  able 
to  do  anything  for  his  own  support,  and  is  cast  upon,  and 
hath  for  some  considerable  time  been  maintained  by,  said 
town,  by  which  s  ;id  town  have  been  exposed  to  considerable 
charge  ;  and  shewing  that  said  Borden  hath  no  means  of  sup- 
port, saving  about  ten  acres  of  land  ;  and  praying  this  Assem- 
bly to  appoint  some  suitable  person  or  persons  to  make  sale  of 
so  much  of  said  Borden's  land  as  shall  be  sufficient  to  pay  said 
town  what  they  have  already  expended,  and  also  to  sell  from 
time  to  time  for  the  support  of  said  Borden  as  occasion  shall 
require :  This  Assembly  do  appoint  Mr.  John  Griswold,  of 
said  Lyme,  to  sell  so  much  of  the  lands  of  the  said  William 
Borden,  junior,  as  shall  be  sufficient  to  pay  the  charges 
already  arisen,  and  also  to  sell  from  time  to  time  as  occasion 
shall  require,  to  be  improved  for  the  purpose  aforesaid. 

Upon  tlie  memorial  of  Nathaniel  Kingsbury,  Nathaniel 
Loomiss  and  Ebenezer  Leach,  of  Coventry  in  the  county  of 
Windham,  and  Ephraim  Sprague  and  John  Doggitt,  of  Leba- 
non in  said  county,  and  Joseph  Swetland,  Obadiah  Newcomb, 
of  Hebron  in  the  county  of  Hartford,  &c.,  praying  this  As- 
sembly that  there  may  be  a  distinct  ecclesiastical  society  made 
up,  part  out  of  the  first  and  second  societies  in  Coventry,  and 
part  out  of  the  second  society  in  Lebanon,  and  part  out 
[191]  II  of  the  town  of  Hebron,  or  a  committee  appointed  to 
repair  to  said  place,  view  the  same,  hear  the  parties,  and  make 
report,  as  appeareth  by  their  memorial :  Resolved  by  this  As- 
sembly, that  John  Marsli,  Esq^,  Josepli  Buckingham,  Esq^ 
and  Colonel  John  Whiting,  of  Hartford,  be  a  committee  to 
repair  to  said  place  and  view  the  circumstances  of  said  me- 
morialists, and  make  report  to  this  Assembly  in  October  next, 
whetlier  it  may  be  convenient  for  a  distinct  society  to  be  made 
up  out  of  said  places,  as  prayed  for. 


1743.]  OF      CONNECTICUT.  537 

Upon  the  memorial  of  John  Parker  and  Isaac  Jones,  both 
of  Saybrook,  administrators  on  the  estate  of  Nathaniel  Par- 
ker late  of  said  Saybrook,  deceased,  representing  that  the 
movea1)le  part  of  the  said  estate  is  not  snfficient  to  answer  the 
debts,  praying  liberty  to  sell  the  real  estate  to  pay  the  debts  : 
Resolved,  that  the  said  John  Parker  and  Isaac  Jones,  admin- 
istrators, have  liberty  to  sell  the  real  estate  of  the  said  Na- 
tlianiel  Parker  not  under  mortgage  to  the  Governor  and  Com- 
pany, to  pay  the  debts  due  from  said  estate  together  with  the 
necessary  charges  arising  on  the  sale  thereof,  taking  the  ad- 
vice of  the  court  of  probate  in  the  district  of  Guilford. 

Upon  the  memorial  of  Sarah  Sluman  of  Norwich,  admin- 
istratrix on  the  estate  of  Thomas  Sluman,  junior,  late  of  said 
Norwich,  deceased,  representing  that  the  debts  due  from  said 
estate  surmounted  the  moveable  part  of  said  estate  the  sum  of 
£199  12s.  8c^,,  praying  liberty  and  authority  to  sell  land  to 
answer  said  debts  :  This  Assembly  appoints  the  said  Sarah 
Sluman  and  Jabez  Hide,  of  said  Norwich,  Esq'',  by  and  with 
the  advice  of  the  court  of  probate  for  the  district  of  New  Lon- 
don county,  to  sell  so  much  of  the  lands  belonging  to  the  es- 
tate of  said  Thomas  as  will  answer  said  debts  and  charges  of 
such  conveyance.  ♦ 

Upon  the  memorial  of  Joseph  Down,  of  Fairfield  in  the 
Colony  of  Connecticut,  shewing  to  this  Assembly  that  in  the 
year  1733,  on  borrowing  of  said  Colony  the  sum  of  fifty 
pounds,  he  gave  a  mortgage  deed  of  seven  acres  of  land, 
bounded  on  the  north-east  with  land  of  Samuel  Squire,  on 
north-west  and  south-west  upon  the  land  of  Joseph  Wheeler, 
and  on  the  south-east  by  common  land  ;  and  in  the  year  1741, 
on  paying  said  sum  he  obtained  a  deed  of  release  of  said  land, 
and  that  tlie  same  was  lost  before  he  could  have  any  advan- 
tage of  it,  and  praying  for  relief:  This  Assembly  do  desire 
and  impower  Nathaniel  Stanly,  Esq"",  and  George  Wyllys, 
Secretary,  to  make  and  execute  a  deed  of  release  of  said  land, 
at  the  charge  of  said  memorialist. 

Upon  the  memorial  of  the  inhabitants  of  that  part  of  Wood- 
bury called  Shippauge,  praying  this  Assembly  to  be  made  a 
distinct  ecclesiastical  society  with  those  lines  and  bounds 
made  by  Messrs.  Benja.  Hall,  John  Southmaid  and  Stephen 
Hopkins,  which  are  as  follows  :  Begining  at  the  west  end  of 
David  Hurd's  now  dwelling  house,  excluding  said  house,  from 
thence  running  east  until  it  intersect  a  line  drawn  north  and 
south  two  mile  and  half  west  of  the  meeting  house  in  the 
first  society  in  said  Woodbury,  and  I'rom  thence  in  said  line 
northward  unto  a  line  called  Colonel  Johnson's  Line,  and 
68 


538  PUBLIC     RECOiiDS  [May, 

from  said  Kurd's  house  running  a  south  line  to  the  north  side 
line  of  Southberry  parish,  and  from  thence  west  in  said  line 
to  New  Milford  bounds,  and  from  thence  north  in  the  line  of 
said  New  Milford  unto  a  white  oak  tree,  beir.g  the  ancient 
north-west  bounds  of  said  Woodbury  at  the  west  end  of  Col- 
onel Johnson's  line,  and  from  thence  east  in  said  line  until  it 
intersects  the  line  drawn  at  the  extent  of  two  miles  and  half 
[192]  west  of  said  first  society  meeting  house  :  ||  Granted  by 
this  Assembly,  that  the  said  inhabitants,  within  said  limits, 
be,  and  they  are  hereby,  made  one  distinct  ecclesiastical  soci- 
ety, with  tlie  powers  and  privileges  of  other  ecclesiastical  so- 
cieties in  this  Colony,  and  shall  be  call'd  and  known  by  the 
name  of  Roxbury. 

Upon  the  memorial  of  Samuel  Willard,  of  Saybrook  in  the 
county  of  New  London,  Jabez  Hamlin,  Seth  Wetmore,  of 
Midletown  in  Hartford  county,  Elihu  Chauncey  and  Robert 
Fairchild,  of  Durham  in  the  county  of  New  Haven,  shewing 
to  this  Assembly  that  upon  their  memorial  to  this  Assembly 
in  May,  A.  D.  1741,  this  Assembly  granted  to  said  memorial- 
ists the  sole  liberty  of  making  and  manufacturing  potash 
within  this  Colony,  on  condition  they  made  two  tun  of  said 
potash  by  the  rising  of  the  Assembly  this  present  sessions; 
thereupon  praying  that,  on  their  making  said  two  tun  by  the 
last  of  May  next,  they  might  not  forfeit  said  grant :  Resolved 
by  this  Assembly,  that,  upon  the  said  memorialists,  or  their 
associates,  making  two  tun  of  potash  by  the  last  of  May  next 
with  what  they  have  already  made,  that  the  said  grant  made 
&c.  in  May,  1741,  shall  be  and  remain  in  all  the  parts  thereof 
good  and  valid,  as  if  the  said  two  tun  had  been  made  by  the 
time  in  said  grant  limited. 

Upon  the  memorial  of  Thomas  Wells,  administrator  on  the 
estate  of  Joseph  Farnsworth,  late  of  Hartford,  deceased, 
shewing  to  this  Assembly  that  said  estate  is  insolvent,  pray- 
ing for  liberty  to  sell  the  land  of  said  deceased,  &c. :  Re- 
solved by  this  Assembly,  that  the  said  Thomas  Welles,  ad- 
ministrator as  abovesaid,  have  liberty  and  full  power  to  make 
sale  of  the  real  estate  of  the  said  deceased,  that  so  the  cred- 
itors may  have  their  just  proportion  thereof  as  the  law  directs  ; 
taking  the  advice  of  the  court  of  probates  in  the  district  of 
Hartford  therein. 

Upon  tlie  memorial  of  the  parish  called  Hadlyme,  shewing 
to  this  Assembly  that  they  are  unanimously  agreed  upon  the 
place  for  building  a  meeting  house  for  divine  worship,  and 
praying  this  Assembly  to  establish  and  confirm  the  place  Ijy 
them  agreed  for  the  building  a  meeting  house  upon  :  Resolved 


1743.]  OF      CONNECTICUT.  539 

by  this  Assembly,  that  the  place  for  buihliiig  a  meeting  house 
for  divine  worship  iii  the  parish  of  Hacllymc  shall  be  at  the 
place  agreed  upon  by  said  parish,  I'/s: ;  on  the  first  hill  or  rise 
of  land  west  from  Mr.  Job  Beckwith's  house,  in  the  highway  ; 
and  the  said  parish  are  hereby  ordered  and  directed  to  build 
their  meeting  house  at  the  place  aforesaid. 

.Resolved  hij  tlm  Assembly,  That  all  the  meetings  of  the  pro- 
prietors of  Torrington  since  the  month  of  October,  1740,  and 
the  doings  therein  and  their  practices  thereon,  shall  be  made 
null,  and  they  are  hereby  made  null  and  void  ;  and  that  the 
said  proprietors  of  Torrington  shall  for  the  future  hold  their 
meetings  in  the  town  of  Torrington. 

[193]  Upon  the  prayer  of  Mary  Daviss,  of  Norwich  in  the 
county  of  New  Lpndon,  executrix  to  the  last  will  and  testa- 
ment of  Mr.  John  Daviss,  late  of  Norwich,  deceased,  shewing 
to  this  Assembly  the  moveable  estate  left  in  her  hands  is  not 
sufficient  to  pay  the  debts  due  from  said  estate  to  the  sum  of 
sixty  pounds  one  shilling  and  nine  pence,  and  that  she  may 
be,  with  some  suitable  person,  impowered  to  sell  so  much  of 
the  land«  as  to  pay  said  sum  of  X60  Is.  ^d.  old  tenour  bills  : 
This  Assembly  do  grant  that  the  said  Mary,  with  Nathaniel 
Gideons,  junior,  be  impowered  and,  taking  the  advice  of  the 
court  of  probates  in  the  county  of  New  London,  sell  so  much 
of  the  land  of  the  said  John  Daviss,  deceased,  as  to  pay  the 
said  sum  of  sixty  pounds  one  shilling  and  nine  pence  and 
the  costs  that  shall  arise  on  the  sale  of  said  lands. 

Upon  the  memorial  of  the  inhabitants  of  the  parish  of 
Bethlehem,  in  Woodbury  in  Fairfield  county,  shewing  to  this 
Assembly  that  the  General  Assembly,  in  October,  1741, 
granted  a  tax  of  30s.  on  every  right  of  land  in  said  parish,  to 
be  improved  in  building  a  house  in  said  parish  for  divine  wor- 
ship, and  to  continue  for  four  years,  &c.,  and  appointed  one' 
Caleb  Lewiss,  of  said  parish,  to  collect  the  same,  &c.,  and  that 
the  said  Lewiss  has  since  moved  from  said  parish,  whereby 
said  parish  are  under  a  great  disadvantage  in  gathering  said 
tax  ;  having  therefore  prayed  to  this  Assembly  that  they 
would  appoint  some  suitable  person  to  collect  the  remainder 
of  said  tax,  &c.  :  This  Assembly  do  appoint  Joseph  Clark,  of 
said  parish,  with  full  power  to  collect  and  receive  the  remain- 
der of  said  tax,  as  it  shall  become  due,  and  be  accountable 
for  the  same  to  the  committee  of  said  parish,  who  are  to  im- 
prove the  same  for  the  use  aforesaid. 

Upon  the  memorial  of  Mary  Cooley,  administratrix  on  the 
estate  of  Asahel  Cooley  late  of  Wallingford,  deceased,  shew- 
ing this  Assembly  that  the  debts  due  from  tiie  estate  of  the 


540  PUBLIC    RECOEDS  [May, 

said  deceased  surmounts  the  moveable  estate  the  sum  of  ,£152 
19s.  Od.  and  praying  for  liberty  to  sell  lands  to  pay  said  debts, 
&c. :  Granted  liberty  to  the  said  administratrix,  with  Mr.  Eli- 
hu  Hall  of  said  Wallingford,  to  make  sale  of  so  much  of  the 
lands  of  the  said  deceased,  taking  the  advice  of  the  court  of 
probates  in  the  district  of  New  Haven,  as  to  enable  said  ad- 
ministratrix to  pay  said  de1)ts  with  the  necessary  cliarges 
arising  on  the  sale  of  said  lands. 

Upon  the  memorial  of  Pelatiah  Mills,  of  Windsor,  shewing 
to  this  Assembly  that  one  Edward  Pierce,  formerly  of  Syms- 
bury,  about  forty  years  since  dyed  seized  and  possessed  of 
about  twenty-five  acres  of  land  situate  in  Symsbury  afore- 
said near  the  limits  of  the  parish  of  W'intonbury,  and  that 
the  said  Pierce  dyed  leaving  no  heirs  that  by  law  could  inherit 
said  estate,  whereby  the  same  is  escheated  to  this  Colony  ; 
praying  that  a  committee  may  be  appointed,  at  the  cost  of  tlie 
memorialist,  to  enquire  into  the  state  and  circumstances  of 
the  estate  of  said  Pierce,  deceased  ;  and  that  on  this  Assem- 
bly finding  the  same  to  have  escheated  as  aforesaid,  it  may 
be  given  to  the  use  and  benefit  of  the  school  in  J:he  par- 
ish of  Wintonbury  :  Resolved  by  this  Assembly,  that  Messrs. 
John  Humphrey  and  Mr.  Pelatiah  Mills  be  a  committee,  and 
they  are  hereby  impowered  to  inquire  into  the  state  and  cir- 
cumstances of  the  estate  of  said  Pierce,  deceased,  by  all 
proper  ways  and  means,  at  the  cost  of  said  memorialist,  and 
make  report  to  this  Assembly  at  their  sessions  in  October 
next, 

[194]  Upon  the  memorial  of  Elizabeth  Andruss  of  New 
Haven,  administratrix  on  the  estate  of  Timothy  Andrus  late  of 
said  New  Haven,  deceased,  shewing  this  Assembly  that  the  debts 
due  from  said  estate  surmount  the  whole  estate  the  sum  of 
.£13  4s.  4d.  and  praying  liberty  to  sell  all  the  land  of  the  said 
deceased,  &c. :  Granted  by  this  Assembly  liberty  to  said  ad- 
ministratrix to  sell  all  the  lands  of  the  said  deceased,  taking 
the  advice  of  the  judge  of  probate  in  the  district  of  New  Ha- 
ven, as  to  enable  said  administratrix  to  pay  the  debts  due 
from  said  estate,  &c.,  with  the  charge  arising  on  the  sale  of 
said  land. 

Upon  the  memorial  of  Jacob  Johnson,  administrator  on  the 
estate  of  Caleb  Hendrick  late  of  said  Wallingford,  deceased, 
shewing  this  Assembly  that  the  debts  due  from  the  estate  of 
the  said  deceased  surmount  the  whole  estate  of  the  said  de- 
ceased the  sum  of  £'2S  4s.  5d.,  and  praying  for  liberty  to 
sell  the  lands  of  the  said  deceased,  &q.  :  Granted  by  this  As- 
sembly liberty  to  said  administrator  to  sell  all  the  lands  of  the 


1743.]  OP      CONNECTICUT.  541 

said  deceased,  taking  the  advice  of  the  court  of  probates  in 
the  district  of  New  Haven,  so  as  to  enable  him  to  pay  said 
debts  with  the  necessary  charges  arising  on  the  sale  of  said 
lands,  so  far  as  that  will  go. 

Upon  the  memorial  of  John  Clark,  Stephen  Griffith,  Hez- 
ekiali  Rust,  Samuel  Wads  worth,  Jonathan  Bailey,  David 
Bailey,  John  Bevin,  junior,  Joseph  Parke,  Ebenezer  Clark, 
Jabez  Clark,  William  Clark,  Shubael  Lewiss,  Josiah  Cook, 
Isaac  Smith,  William  Norkitt,  William  Norkitt,  junior,  Dan- 
iel Young,  Ezra  Andrew,  James  Johnson,  Caleb  Johnson, 
William  Bevin,  Seth  Knowles,  Isaac  Williams,  John  Mark- 
ham  and  Thomas  Lewiss,  all  of  Midletown  in  Hartford  county, 
shewing  to  this  Assembly  that  they  live  very  remote  from  the 
place  of  publick  worship  in  the  third  society  in  Midletown, 
whereunto  they  belong,  praying  that  upon  their  hiring  an  ap- 
proved minister  to  preach  to  them  six  months  in  a  year  they 
should  be  released  from  paying  towards  the  minister's  salary 
of  said  society  one-half  of  their  rate  or  taxes  that  shall  be 
taxed  against  them  on  that  account :  Resolved  by  this  Assem- 
bly, that  the  said  Clark,  &c.,  for  this  current  year,  and  annu- 
ally, on  their  procuring  an  orthodox  minister  to  preach  to 
them  six  months  in  a  year,  they  be  released,  and  are  hereby 
released,  from  paying  to  said  society  one  half  of  what  might 
otherwise  be  taxed  against  them  by  said  society  for  their  min- 
ister's salary. 

Upon  the  prayer  of  Isaac  Trowbridge,  of  Oxford  parish  in 
the  county  of  New  Haven,  in  behalf  of  himself  and  the  rest 
of  the  inhabitants  of  said  parish,  praying  this  Assembly  that 
they  may  be  allowed  to  imbody  into  a  church  estate  and  be 
impowered  and  enabled  to  settle  a  minister  according  to  the 
establishment  of  the  churches  in  this  government,  &c. : 
Whereupon  it  is  granted  by  this  Assembly,  that  the  said  par- 
ish of  ^Oxford,  by  and  with  the  consent  and  approbation  of  the 
neighbouring  churches,  may  imbody  into  church  estate,  and 
are  hereby  allowed  and  impowered  to  proceed  to  and  settle  a 
minister  according  to  the  establishment  of  the  churches  in 
this  government. 

[195]  Upon  the  memorial  of  the  inhabitants  of  Harwinton, 
by  their  agent  Samuel  Phelps,  praying  that  all  the  lands 
within  the  said  township  be  taxed,  &c.  :  Resolved  by  tliis  As- 
sembly, that  a  tax  of  two  pence  per  acre,  old  tenour,  shall  be 
assessed  and  levied  upon  all  the  lands  within  the  said  town 
of  Harwinton,  annually,  for  the  space  of  two  years  next  after 
the  rising  of  this  Assembly ;  and  that  the  collector  of  said 
town  for  the  time  being  shall  collect   the   same  and  deliver  it 


542  PUBLIC      EECORDS  [^^i^J, 

into  the  hands  of  such  committee  or  committees  from  time  to 
time  as  said  town  shall  appoint  for  that  purpose,  and  be  by 
them  improved  for  the  finishing  their  meeting  house  and  sup 
porting  the  gospel  ministry  in  said  town. 

Upon  the  memorial  of  the  inhabitants  of  the  parish  of  Ox- 
ford, being  part  in  the  town  of  Derby  and  Waterbury  in  New 
Haven  county,  and  part  in  the  town  of  Woodbury  in  the 
county  of  Fairfield,  by  their  agent,  Isaac  Trowbridge  of  said 
parish,  praying  this  Assembly  to  grant  a  tax  of  one  penny 
lawful  money  on  every  acre  of  unimproved  land  in  said  par- 
ish for  four  years  next,  to  be  improved  towards  the  finishing 
a  meeting  house  in  said  parish  for  the  worship  of  God,  and 
t  >wards  the  delraying  of  theii-  ministerial  charges  in  procuring 
and  settling  a  minister  in  said  parish  :  This  Assembly  grants 
a  tax  of  one  penny  lawful  money  on  every,  acre  of  the  unim- 
proved land  in  said  society  or  parish  of  Oxford  lying  within 
the  bounds  of  said  Derby  and  Waterbury,  and  one  half-penny 
per  acre  like  money  on  every  acre  of  unimproved  land  in  the 
townsliip  of  said  Woodbury  in  said  parish  of  Oxford,  yearly, 
for  the  space  of  four  years  next,  to  be  accounted  according 
to  the  standard  or  pattern  by  which  the  lands  were  laid  out,  to 
be  improved  for  the  uses  abovesaid ;  and  Mr.  James  Wheeler 
of  said  parish  of  Oxford  is  appointed  and  impowered  to  col- 
lect and  gather  the  above  granted  tax. 

Upon  the  memorial  of  the  first  society  of  Stratford,  by  their 
agents,  Messrs.  Theophilus  Nickols,  Robert  Walker  and  Dan- 
iel Porter,  all  of  said  Stratford,  praying  this  Asseml^ly  for  the 
appointment  of  a  committee  to  affix  a  place  for  said  society 
to  build  a  meeting  house  upon,  <fec. :  Resolved  by  this  Assem- 
bly, tliat  Colonel  Benjamin  Hall,  Mr.  Robert  Treat  and  Capt. 
John  Hul>bard,  be  a  committee  to  repair  to  said  first  society 
in  Stratford,  and  view  their  circumstances,  and  hear  the  par- 
ties concerned  in  the  premises,  and  affix  a  place  for  t^he  in- 
habitants of  said  society  to  build  a  meeting  house  upon,  and 
make  report  of  their  doings  to  this  Assembly  in  their  present 
sessions,  or  at  their  sessions  in  October  next. 

Upon  the  petition  of  Ann  Selden  of  East  Haddam,  widow 
and  relict  of  Joseph  Selden,  deceased,  and  Hephsibah  Selden 
and  the  rest  of  the  heirs  of  said  Joseph,  against  Samuel  Sel- 
den of  Lyme,  shewing  that  they  are  ol)structed  and  hindred 
in  fishing  in  the  fishing  cove  in  said  Lyme  by  the  said  Sam- 
uel, who  pretends  to  take  the  sole  benefit  of  fishing  in  said 
cove  to  himself,  by  virtue  of  a  certain  act  of  this  Assembly 
made  on  the  10th  day  of  May,  1722  :  Resolved,  that  the  said 
cove  shall  be  under  the  same  regulations  and  restrictions  as 
Windsor  Ferry  River  and  Quinebauge  River  are  by  an  act 


1748.]  OF      CONNECTICUT.  543 

[106]  of  this  Assembly,  intituled  An  Act  to  prevent  ||  nui- 
sances by  hedges,  weirs,  &c.,  in  rivers,  made  in  the  first  year 
of  King  George  the  first;  anything  in  said  act  made  in  May, 
1722,  contained  notwithstanding. 

Upon  the  petition  of  Joseph  Tibbals  of  Durham,  praying 
for  liberty  of  a  new  tryal  in  an  action  cumnienced  against 
iiim  by  Moses  Bidwell  of  Midletown,  and  on  wliich  final  judg- 
ment was  rendered  against  him  at  the  superiour  court  at 
Hartford  in  September  last  in  favour  of  said  Bidwell,  as  per 
said  petition  on  file,  dated  May  2d,  1743  :  Resolved  by  this 
Assembly,  that  the  petitioner  liave  a  new  tryal  of  said  case 
before  the  superiour  court  to  be  holden  at  Hartford  in  Sep- 
tember next,  and  that  the  future  cost  only  follow  such  tryal. 

Upon  the  petition  of  Samuel  Sturgis  of  Fairfield,  adminis- 
trator on  the  estate  of  Elizabeth  Sturgis,  late  wife  of  the  said 
Samuel,  against  Jonathan  Sturgis  of  said  Fairfield,  the  oidy 
surviving  executor  of  tlie  last  will  and  testament  of  Jonathan 
Sturgis  late  of  said  Fairfield,  deceased,  and  against  the  said 
surviving  Jonathan  and  Andrew  Burr,  Esq"",  of  said  Fairfield, 
as  tliey  are  administrators  on  the  estate  of  David  Sturgis  late 
of  Fairfield  aforesaid,  deceased,  father  of  the  said  Elizabeth 
and  son  and  legatee  of  the  said  Jonathan,  deceased ;  repre- 
senting to  this  Assembly  that  the  said  David  Sturgis's  })art 
and  portion  of  his  said  father's  moveable  estate,  amounting  to 
a  large  sum,  hath  come  into  and  is  now  in  the  hands  of  the 
said  Jonathan,  executor  as  aforesaid,  and  that  he  will  not 
render  the  same,  or  any  account  thereof,  to  the  said  Samuel, 
who  is  the  proper  person  in  law  to  receive  the  same  ;  and 
also  that  the  estate  of  the  said  David  came  to  and  is  in  the 
hands  of  the  said  administrators,  and  that  they  refuse  to  de- 
liver the  same  to  the  said  Samuel,  administrator,  or  any  ac- 
count thereof;  praying  this  Assembly  for  a  committee  to  hear, 
examine  and  adjust  the  accounts  and  matters  relating  to  said 
estates,  so  far  as  belongs  to  the  petitioner,  and  determine  what 
is  just  in  the  affair,  and  return  their  doings  thereon  to  this 
Assembly  :  This  Assembly  grants  a  committee  to  hear  and 
adjust  said  accounts,  and  do  appoint,  impower  and  order  Col- 
onel Jonathan  Hoit  of  Stanford,  John  Fowler  of  Milford,  and 
Theophihis  Nickels  of  Stratford,  Esq^s,  a  committee  to  hear, 
examine  and  adjust  the  accounts  respecting  the  said  David 
Sturgis  part  and  portion  of  his  said  fathers  estate,  and  also 
respecting  the  said  Davids  estate  in  the  hands  of  the  said  ad- 
ministrators, and  report  their  doings  thereon  to  this  Assembly 
in  October  next. 

This   Assembly  do  establish  and  confirm  Mr.  Jacob  Loo- 


544  PUBLIC    RECOEDs  [May, 

miss  to  be  Captain  of  the  south  company  or  trainband  in  the 
town  of  Colchester,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Azariah  Loo- 
miss  to  be  Lieutenant  of  the  soutli  company  or  trainband  in 
the  town  of  Colchester,  and  order  that  he  be  commissioned 
accordingly. 

[197]  This  Assembly  do  establish  and  confirm  Mr.  John 
Smith  to  be  Ensign  of  the  south  company  or  trainband  in 
the  town  of  Colchester,  and  order  that  he  be  commissioned 
accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr^  George  Stocken 
to  be  Lieutenant  of  the  company  or  trainband  of  the  parish 
of  Middlehaddam,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas  Rich 
to  be  Ensign  of  the  company  or  trainband  in  the  parish  of 
Midle-Haddam,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Ithiel  Rus- 
sell to  be  Lieutenant  of  the  second  company  or  trainband  in 
the  town  of  Brandford,  and  order  that  he  be  commissioned 
accordingly. 

Tliis  Assembly  do  establish  and  confirm  Mr.  Josiah  Har- 
rison to  be  Ensign  of  the  second  company  or  trainband  in  the 
town  of  Brandford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Henry  Bacon 
to  be  Lieutenant  of  the  company  or  trainband  part  of  Pom- 
fret,  part  of  Canterbury  and  Mortlake,  and  order  that  he  be 
commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Zachariah 
Spaulden  to  be  Ensign  of  the  company  or  trainband  part  of 
Pomfrett,  part  of  Canterbury  and  Mortlake,  and  order  that 
he  be  commissioned  a^jcordingly. 

This  Assembly  do  establish  and  confirm  Joseph  Worster 
to  be  Lieutenant  of  the  Troop  of  the  fourth  regiment  in 
this  Colony,  and  order  that  he  be  commissioned  accord- 
ingly. 

This   Assembly    do  establish  and    confirm  Mr.    Hezekiah 


1743.]  OP      CONNECTICUT.  545 

Treadwell  to  be  Cornet  of  the  Troop  of  the  fourth  regiment  in 
this  Colony,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Sher- 
wood to  be  Quarter-Master  of  tbe  Troop  of  the  fourth  regi- 
ment in  this  Colony,  and  order  that  he  be  commissioned  ac- 
cordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Jedadiah 
Chapman  to  be  Captain  of  the  tenth  company  or  trainband  in 
the  seventh  regiment  in  the  Colony  of  Connecticutt,  and  order 
that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Francis  Bush- 
nell  to  be  Lieutenant  of  the  tenth  company  or  trainband 
being  in  the  seventh  regiment  in  the  Colony  of  Connecticutt, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Daniel  Bradley 
to  be  Ensign  of  the  company  or  trainband  of  the  parish  of 
Greenfield,  and  order  that  he  be  commissioned  accordingly. 

[198]  This  Assembly  do  establish  and  confirm  Mr.  John 
Clark  the  3d  to  be  Captain  of  the  first  company  or  trainband 
in  the  town  of  Midletown,  on  the  east  side  of  the  great  river, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel  Sil- 
liman  to  be  Lieutenant  of  the  first  company  or  trainband  in 
tbe  town  of  Fairfield,  and  order  that  he  be  commissioned 
accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Mathew  Mar- 
vin to  be  Captain  of  the  company  or  trainband  in  the  parish 
of  Wilton,  in  Norwalk,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  John- 
son to  be  Lieutenant  of  the  south  company  or  trainband  in 
the  town  of  Midletown,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Ward 
to  be  Ensign  of  the  south  company  or  trainband  in  the  town 
69 


546  PUBLIC    EECORDS  [May, 

of  Midletown,  aud  order  that  he  be  commissioued  accord- 
ingly. 

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

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

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

This  Assembly  do  establish  and  confirm  Mr.  David  Hol- 
comb  to  be  Lieutenant  of  the  first  company  or  trainband  in 
the  town  of  Symsbury,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Israel  Knapp 
to  be  Captain  of  the  east  company  or  trainband  in  Horsneck, 
and  order  that  he  be  commissioned  accordingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  Abner  Mosley 
to  be  Lieutenant  of  the  first  company  or  trainband  in  the 
town  of  Glassenbury,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Samuel  Lord 
to  be  Ensign  of  the  first  company  in  the  7th  regiment  in  this 
Colony,  and  order  that  he  be  commissioned  accordingly. 

[199]  This  Assembl}^  do  estabhsli  and  confirm  Mr.  Stephen 
Upson  to  be  Captain  of  the  trainband  or  company  in  the  first 
society  in  Waterbury,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Judd 
to  be  Lieutenant  of  the  company  or  trainband  of  the  first 
society  in  Waterbury,  and  order  that  he  be  commissioued  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Daniel  South- 
mayd  to  be  Ensign  of  the  company  or  trainband  of  the  first 
society  in  Waterbury,  and  that  he  be  commissioued  accord- 
ingly. 


1743.]  OP     CONNECTICUT.  547 

This  Assembly  do  establisli  and  confirm  Mr.  Jonadab  Bas- 
sett  to  be  Lieutenant  of  the  company  or  trainband  in  the 
parish  of  Unity,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Josepli  Kil- 
bonrn  to  be  Ensign  of  the  first  company  or  trainband  in  the 
town  of  Litchfield,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jonathan  Dib- 
ble, of  the  parish  of  Standwich  in  the  town  of  Greenwich,  to 
be  Ensign  of  the  company  or  trainband  there,  and  order  that 
he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Eliasaph  Mer- 
riman  to  be  Captain  of  the  first  company  or  trainband  in  the 
town  of  Wallingford,  and  order  tlfat  he  be  commissioned  ac- 
cordingly. 

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

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

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

This  Assembly  do  establish  and  confirm  Mr.  Caleb  Allyn  to 
be  Ensign  of  the  first  company  or  trainband  in  the  town  of 
New  Haven,  and  order  that  he  be  commissioned  accordingly. 

Tliis  Assembly  do  establish  and  confirm  Mr.  Josiali  Mieggs 
to  be  Lieutenant  of  the  sixth- company  or  trainband  in  the  7th 
regiment  in  this  Colony,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establisli  and  confirm  Mr.  Daniel  Bishop 
to  be  Ensign  of  the  sixth  company  or  trainband  in  the  7th 
regiment  in  this  Colony,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  David  Wood- 
ruff to  be  Lieutenant  of  the  company  or  trainband  in  tlie  par- 
ish of  Southington,  and  order  that  he  be  commissioned  accord- 
ingly. 

[200]  This  Assembly  do  establish  and  confirm  Mr.  Jared 
Lee  to  be  Ensign  of  the  company  or  trainband  in  the  parish  of 
Southington,  and  order  that  he  be  commissioned  accordingly. 


548  PUBLIC    RECORDS  [May, 

This  Assembly  do  establish  and  confirm  Mr.  John  Beach  to 
be  Captain  of  the  company  or  trainband  in  the  parish  of  Go- 
shen, and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Moses  Lyman 
of  the  parish  of  Goshen  to  be  Ensign  of  the  company  or  train- 
band there,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas  Sey- 
mour to  be  Lieutenant  of  the  company  or  trainband  in  the 
parisli  of  Canaan,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Eliphalet  Seley 
to  be  Ensign  of  the  company  or  trainband  in  the  parish  of 
Canaan,  and  order  that  he  be  commissioned  accordingly. 

Upon  the  memorial  of  Timothy  Hatch,  Nathaniel  Berry, 
Abraham  Raymond,  and  the  rest  of  the  inhabitants  of  the 
town  of  Kent  in  the  county  of  Hartford,  praying  that  the  Col- 
ony laud  lying  west  of  the  said  town  of  Kent,  may  be  annexed 
to  the  said  town  of  Kent,  and  the  inhabitants  on  said  land  to 
be  under  the  same  privileges,  regulations,  &c.,  with  them: 
Resolved  by  this  Assembly,  that  all  the  lands  aforementioned, 
lying  west  of  the  said  town  of  Kent,  and  inhabitants  thereon, 
shall  be,  and  are  hereby,  annexed  to  the  town  of  Kent,  and 
shall  pay  their  rates  and  taxes  towards  the  support  of  the  gos- 
pel ministry  and  for  all  other  necessary  charges  of  said  town, 
and  to  have  the  privileges  equal  with  other  the  inhabitants  of 
said  town,  and  be  under  the  same  regulations  with  them;  so 
that  it  be  understood  that  the  fee  and  property  of  the  said 
lands  be  noways  altered  and  changed  hereby. 

Whereas  Roger  Bid  well,  of  Hartford,  being  brought  before 
this  Assembly,  to  answer  to  an  information  of  Roger  Wolcott, 
junior.  Esq"",  attorney  to  our  sovereign  lord  the  King,  exhibited 
to  this  Assembly,  charging  the  suid  Bidwell  of  being  guilty 
of  making  and  publishing  a  false,  scandalous,  infamous  libel 
against  Ozias  Pitkin,  William  Pitkin,  Esq''%  and  the  Reverend 
Mr.  Samuel  Woodbridge,  in  particular,  with  the  government 
of  this  Colony  in  general,  as  by  said  information  on  file,  dated 
May  the  12th,  1748,  fully  appears:  to  which  information  the 
said  Roger  Bidwell  appeared  and  pleaded  guilty:  Whereupon 
it  is  resolved  by  this  Assembly,  that  the  said  Roger  Bidwell 
shall  for  his  offence  be  deprived  of  giving  his  vote  in  any  pub- 
lick  meeting,  and  of  giving  verdict  or  sentence  in  any  civil 
cause,  and  also  become  bound  in  a  recognizance  of  one  hun- 
dred pounds  lawful  money  to  the  Treasurer  of  this  Colony, 
conditioned  that  he  shall  be  of  peaceable  and  good  behaviour 
towards  all  his  Majesty's  good  subjects  during  the  pleasure  of 


1743,]  OP      CONNECTICUT.  549 

this  Assembly,  and  pay  cost  of  prosecution,  allowed  to  be  £2 
17s.  M.,  and  stand  committed  until  this  sentence  be  lulfillcd. 

[201]  Memorandum.  That  the  said  Roger  Bid  well  person- 
ally appeared  before  this  Assembly,  and  acknowledged  himself 
Justly  indebted  to  the  Treasurer  of  this  Colony  in  the  sum  of 
one  hundred  pounds  lawful  money,  &c.,  to  be  levied  on  iiis 
goods  and  chattels,  &c.  The  condition  of  the  above  obligation 
is  such,  that  if  the  above  bounden  Roger  Bidwell  shall  carry 
peaceable  and  good  behaviour  towards  all  his  Majesty's  sub- 
jects during  the  pleasure  of  this  Assembly,  that  then  the  above 
obligation  to  be  void  and  of  none  efilect;  otherwise  to  stand 
and  remain  in  full  force  and  virtue. 

On  the  petition  of  John  Dennie,  of  Boston,  <fec.,  vs.  Joseph 
Hawley  of  Fairfield,  on  file:  The  question  was  put,  whether 
the  prayer  of  the  said  petition  should  be  granted:  Resolved 
by  this  Assembly  in  the  negative.  Cost  allowed  respondent  is 
£1  2s.  -id.  lawful  money. 

On  the  petition  of  Seth  Paine,  of  Stafford,  vs.  Ames  Wal- 
bridge  of  Stafford,  as  on  file:  Tlie  question  was  put,  whether 
anything  prayed  for  in  said  petition  should  be  granted :  Re- 
solved by  this  Assembly  in  the  negative. 

On  the  petition  of  Abner  Armstrong  and  Abial  his  wife, 
both  of  Norwich,  vs.  Joseph  Ford  of  Canterbury,  on  file :  The 
question  was  put,  whether  the  prayer  of  the  said  petition 
should  be  granted :  Resolved  by  this  Assembly  in  the  negative. 
Cost  alloived  respoiident  is  <£0  12s.  ^d.  laivful  money.  Ex. 
granted^  January  13^A,  174|. 

On  the  petition  of  Joseph  Addams  and  Deliverance  Brown, 
both  of  Canterbury,  and  the  rest  of  the  inhabitants  of  the 
town  of  Canterbury,  by  their  agents,  &c.,  vs.  the  inhabitants 
of  the  town  of  Windham,  on  file:  The  question  was  put, 
whether  the  pleas  offered  by  the  respondents  in  abatement  of 
the  said  petition  are  sufficient:  Resolved  by  this  Assembly  in 
the  affirmative. 

This  Assembly  do  appoint  Capt.  Timothy  Hatch  to  be  a 
Justice  of  the  Peace  in  and  for  the  county  of  Hartford  for  the 
year  ensuing. 

This  Assembly  do  appoint  Mr.  John  Cook  to  be  a  Justice  of 
the  Peace  in  and  for  the  county  of  New  London  the  year  en- 
suing. 

This  Assembly  do  appoint  Mr.  Samuel  Addams  to  be  a  Jus- 
tice of  the  Peace  in  and  for  the  county  of  Fairfield  the  year 
ensuing. 

This  Assembly  do  appoint  Mr.  John  Tulley  to  be  a  Justice 


550  PUBLIC    RECORDS  [May, 

of  the  Peace  in  and  for  the  county  of  New  London  the  year 
ensuing. 

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

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

This  Assembly  grants  unto  Colonel  John  Whiting,  Treas- 
urer, for  his  salary  the  current  year,  the  sum  of  thirty-five 
pounds  new  tenour  bills. 

[202]  This  Assembly  grants  to  Capt.  George  Wyllys,  Sec- 
retary, for  his  salary  the  current  year,  the  sum  of  six  pounds 
new  tenour  bills. 

This  Assembly  grants  to  Mr.  Timothy  Green,  printer,  the 
sum  of  fifteen  pounds  in  new  tenour  bills,  for  his  half  years 
salary. 

This  Assembly  grants  to  the  Honourable  Jonathan  Law, 
Esq'',  Governor,  for  his  extraordinary  service  for  this  govern- 
ment, the  sum  of  ten  pounds  new  tenour  bills. 

Whereas  the  business  of  this  Assembly  has  drawn  out  their 
present  sessions  to  such  a  length  that  all  tiie  members  thereof 
cannot,  without  great  inconveniency,  stay  to  hear  the  records 
of  ihe  acts  of  this  Assembly  read  off  and  compleated:  This 
Assembly  do  appoint  Nathaniel  Stanly,  Ozias  Pitkin,  William 
Pitkin,  Esqfs,  Capt.  John  Marsh,  Mr.  Joseph  Buckingham, 
Mr.  Elisha  Williams,  Colonel  John  Chester,  'to  be  a  committee 
to  attend  his  Honour  the  Deputy  Governor,  to  hear  the  acts 
and  orders  past  at  this  Assembly  read  off,  and  then  signed  by 
the  Secretary  as  compleat. 

The  several  Acts  and  Orders  of  this  Assembly,  as  they  stand 
entered  on  the  pages  of  this  book,  were  read  off  in  the  pres- 
ence of  his  Honour  the  Deputy  Governor  and  the  committee 
abovenamed,  and  by  them  ordered  to  be  signed  by  the  Secre- 
tary as  compleat. 

Test.  George  Wyllys,  Secret'y. 


Assist- 
^  ants. 


1743.]  OF      CONNECTICUT.  551 


[203]  Anno  Regni  Regis  Creorgii  secundi  decimo-septimo. 
Connecticut 
Colons/. 

At  a  General  Assembly  holden  at  New  Haven  in  his  Maj- 
esty's English  Colony  op  Connecticut  in  New  England  in 
America,  on  the  second  Thursday  op  October,  (being  the 
thirteenth  day  op  said  month,)  and  continued  by  several 
adjournments  until  the  2d  day  of  November  next  fol- 
lowing, ANNOQUE  Domini  1743.* 
Present: 
The  Honourable  Jonathan  Law,  Esquire,  Governor. 
The  Honhie  Roger  Wolcott,  Esq"",  Deputy  Governor. 

James  Wadsworth,  Esq"",  William  Pitkin,  Esq"",        ^ 

Nathaniel  Stanly,  Esq"",     Tliomas  Fitcli,  Esq-", 

Joseph  Whiting,  Esqf,       Roger  Newton,  Esq'", 

Timothy  Pierce,  Esq"",       Ebenezer  Silliman,  Esq^, 

Samuel  Lynde,  Esq'',         Jonathn  Trumble,  Esq"", 
John  Bulkley,  Esq"-, 

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

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

Mr.  Jeremiah  Miller,  Mr.  John  Richards,  for  New  London. 

Colo.  Jabez  Huntington,  Mr.  Jonath"  Huntington,  for  Wind- 
ham. 

Mr.  Elisha  Williams,  Capt.  Martin  Kellogg,  for  Weathersfield. 

Capt.  Thomas  Stores,  Mr.  Samuel  Pierce,  for  Mansfield. 

Colo.  Jonathan  Hoit,  Mr.  Jonathan  Betts,  for  Standford. 

Capt.  James  Beebe,  Mr.  Thomas  Benedict,  for  Danbury. 

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

Mr.  Humphrey  Avery,  Mr.  John  Ledyard,  for  Groton. 

Mr.  Ebenezer  Holebrook,  Mr.  Samuel  Sumner,  for  Pomfrett. 

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

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

Mr.  Robert  Knowlton,  Mr.  William  Watkins,  for  Ash  ford. 

Mr.  Gershom  Clark,  Mr.  John  Williams,  for  Lebanon. 

Colo.  John  Dyer,  Capt.  Joseph  Addams,  for  Canterlniry. 

Mr,  Joseph  Denison,  Mr.  Simeon  Minor,  for  Stonington. 

Mr.  John  Hart,  Mr.  Thomas  Hart,  for  Farmington. 

Mr.  John  Hitclicock,  Capt.  Jonathan  Allyn,  for  New  Haven. 

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

Colo.  Hezh  Huntington,  Mr.  Joshua  Huntington,  for  Norwich. 

Mr.  Joseph  Leavinze,  Major  Hezekiah  Sabin,  for  Killingly. 

Capt.  Hezekiah  Gaylqrd,  Mr.  William  Buel,  for  Hebron. 


*The  Journal  of  neither  House  is  found. 


562  PUBLIC      RECORDS  [Oct. 

Mr.  Jonathan  Lane,  Mr.  Joseph  Wilcox,  for  Killingworth. 

Mr.  Jedadiah  Chapman,  Mr.  Andrew  Lord,  for  Saybrook. 

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

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

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

Mr.  Nath'  Harrison,  Mr.  Jonathan  Russell,  for  Brandford. 

Mr.  Samuel  Canfield,  Capt.  Nath'  Bostwick,  for  New  Milford. 

Capt.  John  Riggs,  Mr.  Abell  Gun,  for  Derby. 

Capt.  John  Lee,  Mr.  Richard  Lord,  for  Lyme. 

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

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

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

[204]  Mr.  Joseph  Strong,  Capt.  Samuel  Parker,  for  Coventry. 

Mr.  Hezekiah  Brainerd,  for  Haddam. 

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

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

Mr.  John  Southmaid,  Capt.  Stephen  Upson,  for  Waterbury. 

Capt.  John  Avery,  Mr.  Nathaniel  Brown,  for  Preston. 

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

j\h\  Noadiah  Brainerd,  for  East  Haddam. 

Capt.  Theophilus  Nickels,  Capt.  Joseph  Blackleach,  for  Strat- 
ford. 

Capt,  Thomas  Stephens,  Mr.  Thomas  Pierce,  for  Plainfield. 

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

Major  Jabez  Hamlin,  Mr.  Seth  Wetmore;  for  Midletown. 
Major  Andrew  Burr,  Speaker,  i  of  the  House  of  Represent- 
Capt.  John  Fowler,  Clerk,        )  atives. 

The  Gentlemen  nominated  by  the  Votes  of  the  Free- 
men of  this  Colony,  to  stand  for  Election  in 
May  next,  are  as  follo^A^,  (viz:) 

The  Honourable  Jonathan  Law,  Esq'",  the  Hon^ie  Roger 
Wolcott,  Esq-",  James  Wadsworth,  Esq"",  Nath'  Stanly,  Esq"", 
Joseph  Whiting,  Esq'",  Ozias  Pitkin,  Esq'",  Timothy  Pierce, 
Esq'",  Samuel  Lynde,  Esq^",  William  Pitkin,  Esq^,  Thomas 
Fitch,  Esqr,  Roger  Newton,  Esq-",  Ebenezer  Silliman,  Esq'', 
Jonathan  Trumble,  Esqr,  John  Bulkley,  Esq^,  Hezekiah  Hunt- 
ington, Esq'",  Major  Andrew  Burr,  Colo.  John  Chester,  Mr. 
Elisha  Williams,  Colo.  Samuel  Hill,  Mr.  John  Griswould. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Huit  to 
be  Captain  of  the  second  company  or  trainband  in  the  town  of 
Stoningtown,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  coufirm  Mr.  William  Deni- 
son  to  be  Lieutenant  of  the  second  company  or  trainband  in 
the  town  of  Stoningtown,  and  order  tliat  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Wads- 
worth  to  be  Captain  of  the  second  company  or  trainband  in 


1743.]  OF      CONNECTICUT,  553 

the  town  of  Canterbury,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Timothy  Cleave- 
land  to  be  Lieutenant  of  the  second  company  or  trainband  in 
the  town  of  Canterbury,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas  Bus- 
well  to  be  Ensign  of  the  second  company  or  trainband  in  tlie 
town  of  Canterbury,  and  order  that  lie  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas  Ste- 
phens to  be  Captain  of  the  second  company  or  trainband  in 
the  town  of  Danbury,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Ebenezer  Bost- 
wick  to  be  Lieutenant  of  the  second  company  or  trainband  in 
the  town  ot  Danbury,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Bostwick 
to  )3e  Captain  of  the  first  company  or  trainband  in  the  town 
of  New  Milford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Paul  Welch  to 
be  Lieutenant  of  the  first  company  or  trainband  in  the  town 
f)f  New  Milford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  David  Noble  to 
i>e  Ensign  of  the  first  company  or  trainband  in  the  town  of 
New  Milford,  and  order  that  he  be  commissioned  accordingly. 

[205]  Upon  the  memorial  of  the  Trustees  of  Yale  College: 
This  Assembly  do  hereby  grant  unto  the  trustees  aforesaid,  for 
the  use  of  said  college,  in  lieu  of  all  former  grants  to  them  or 
for  its  support,  such  sum  in  bills  of  publick  credit,  to  be  paid 
out  of  the  publick  treasury  in  two  equal  payments  in  October 
and  May  annually,  as  shall  (according  to  the  currency  such 
bills  have  in  this  Colony  at  the  time  of  payment,)  be  equiva- 
lent to  one  hundred  pounds  lawful  money  of  this  Colony. 
This  grant  to  continue  during  the  pleasure  of  this  Assembly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel  Bost- 
wick to  be  Captain  of  the  2d  company  or  trainband  in  the 
town  of  New  Milford,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  James  Hine  to 
be  Lieutenant  of  the  second  company  or  trainband  in  the  town 
70 


554  PUBLIC      RECORDS  [Oct- 

of  New  Milford,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  William  Beebe 
to  be  Ensign  of  the  company  or  trainband  at  the  parish  of 
Millington,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Gershom  Breed 
to  be  Ensign  of  the  third  company  or  trainband  in  the  town  of 
Stoningtown,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establisli  and  confirm  Mr.  Elihu  Hall  to 
be  Captain  of  the  Troop  in  the  tenth  regiment  of  this  Colony, 
and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  estal^lish  and  confirm  Mr.  James  Miles  to 
be  Lieutenant  of  the  Troop  in  the  10th  regiment  in  this  Col- 
ony, and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Eliakim  Hall 
to  be  Cornet  of  the  Troop  in  the  10th  regiment  in  this  Colony, 
and  order  that  he  be  commissioned  accordingly, 

Tliis  Assembly  do  establish  and  confirm  Mr.  Caleb  Johnson 
to  be  Quarter-Master  of  the  Troop  in  the  10th  regiment  in 
this  Colony,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  order  and  direct  the  Treasurer  of  this 
Colony,  Colonel  John  Whiting,  to  attend  the  Assembly  on  the 
22d  day  of  October  instant,  and  bring  with  him  a  sufficiency 
of  the  bills  of  credit  in  his  hands  to  defray  the  charges  of  this 
Assembly  and  the  charges  of  the  Commissioners'  Court,  and 
also  bring  with  him  the  sum  or  value  of  two  hundred  and  fifty 
ounces  of  silver,  in  gold  or  silver,  for  the  especial  service  of 
this  government. 

An  Act  for  Repealing  one  certain  Paragraph   in  the 
La^A;-  enticuiled  An  Act  relating  to  Horses. 

This  Assembly  observing  the  growing  misuse  that  is  made 
of  the  sixth  paragraph  in  said  statute,  wherein  it  is  enacted 
that  if  any  horse  or  horse-kind  which  is  stolen  shall  be  at  any 
time  sold  without  being  entered  in  the  brander's  book,  (as  in 
and  by  said  law  is  required,)  such  sale  shall  not  in  any  wise 
alter  or  change  the  right  or  property  of  such  horse  or  horse- 
kind,  but  the  right  owner  or  owners  of  sucli  horse  or  horse- 
kind,  his  or  their  executors  or  administrators,  may  seize  and 
recover  the  same  wheresoever  the  same  shall  be  found,  such 
sale  notwithstanding: 

Be  it  enacted  by  the  Crovernor,  Oouncil  and  Representatives, 


1743.]  OP      CONNECTICUT.  553 

in  General  Court  assembled,  and  by  the  autJiority  of  the  same. 
That  the  above-recited  paraj>;raph  of  said  statute  be  repealed, 
and  the  same  is  hereby  repealed  and  made  void  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Ebenezer  Hitch- 
cock to  be  Ca})tain  of  the  first  company  or  trainband  in  the 
town  of  Danbury,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

[206]  This  Assembly  do  establish  and  confirm  Mr.  Daniel 
Benedict  to  be  Ensign  of  the  first  company  or  trainband  in  the 
town  of  Danbury,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel  Har- 
rison to  be  Captain  of  the  first  company  or  trainband  in  the 
town  of  Brandford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel  John- 
son to  be  Lieutenant  of  the  first  company  or  trainband  in  the 
town  of  Brandford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Linsley, 
jun.,  to  be  Ensign  of  the  first  company  or  trainband  in  the 
town  of  Brandford,  and  order  that  he  be  commissioned  accord- 
ingly. 

Whereas  Luke  Perkins,  Bsq^,  of  Groton  in  the  county  of 
New  London,  exhibited  an  information  to  this  Assembly  at 
tlieir  sessions  in  May  last,  against  Mr.  John  Owen,  minister  of 
the  first  society  in  said  Groton,  setting  forth  that  the  said  Mr. 
Owen  did,  at  divers  times  within  the  month  of  April  then  Inst 
past,  at  a  publick  assembly  of  the  people  of  that  society,  from 
the  pulpit,  utter,  speak,  publish  and  declare,  divers  false  words 
and  sentences,  unjustly  reproaching  and  scandalizmg  the  laws 
and  ruling  part  of  this  government,  and  did  broach  sundry 
seditious  principles,  tending  to  luring  the  authority  and  laws  of 
this  government  into  contempt:  And  whereas  this  Assembly, 
l)eing  then  of  opinion  that  the  representation  made  of  the 
said  Mr.  Owen's  conduct  and  behaviour,  relating  to  the  mat- 
ters aforesaid,  were  worthy  the  special  notice  of  this  Assem- 
bly, did  thereupon  resolve,  that  the  Secretary  of  this  Colony 
should  issue  forth  a  writ  directed  to  the  sheriff  of  the  county 
of  New  London,  for  the  apprehending  and  bringing  before  this 
Assembly,  at  tlieir  now  present  session,  the  said  Mr.  John 


556  PUBLIC      RECORDS  [Oct. 

Owen,  to  answer  to  such  matters  as  should  be  alledged  against 
him  relating  to  the  matters  aforesaid,  or  any  other  matters  of 
the  like  nature,  in  his  Majesty's  behalf,  and  that  the  King's 
attorney  in  the  county  of  New  Haven  should  inform  against 
and  prosecute  the  said  Mr.  Owen  before  this  Assembly :  And 
whereas  the  Secretary  omitted  sending  forth  his  writ  till  near 
the  present  sessions,  and  now  this  Assembly  is  informed  that 
the  said  Mr.  Owen  is  gone  out  of  the  government:  It  is  there- 
upon resolved  by  this  Assembly,  that  the  Secretary  send  forth 
his  writ,  directed  to  the  sheriff"  of  New  London  county,  requir- 
ing him  to  bring  the  said  Mr.  John  Owen  before  this  Assembly 
at  their  session  in  Hartford  in  May  next.  And  Daniel  Ed- 
wards, Esq'",  is  directed  to  inform  against  and  prosecute  him, 
the  said  Mr.  Owen,  for  the  matters  aforesaid.  And  the  Secre- 
tary is  also  directed  to  send  forth  a  summons  for  said  Luke 
Perkins  and  Dudley  Woodbridge,  and  such  others  as  he  may 
be  informed  can  give  e^•idence  in  the  case  aforesaid. 

Upon  the  memorial  of  Peter  Tyler  and  Samuel  Harrington, 
living  in  the  north  bounds  of  Brandford,  in  behalf  of  them- 
selves and  others  in  part  of  said  Brandford,  Wallingford  and 
part  of  Guilford,  representing  to  this  Assembly  that,  at  the 
General  Assembly  held  at  Hartford  in  May  last,  they  appointed 
Messrs.  John  Hubbard,  Esq'",  Samuel  Mix  and  John  Hitch- 
cock, all  of  New  Haven,  to  repair  to  ihe  north  part  of  Brand- 
ford and  view  the  circumstances  of  the  inhabitants  abovesaid, 
to  see  if  it  would  be  commodious  to  form  them  into  a  society 
or  parish  distinct  from  the  several  parislies  to  which  they  be- 
long, and  said  committee  not  having  had  leisure  to  attend  said 
service,  nor  likely  soon  to  attend  the  same,  moved  this  Assem- 
bly that  others  might  be  appointed  in  their  room,  to  repair  to 
said  place,  view,  and  make  report,  &c. :  Resolved  by  this  As- 
sembly, that  Capt.  Isaac  Dickerman,  Capt.  Andrew  Tuthil, 
and  Mr.  Caleb  Hodgkiss,  be  a  committee  to  repair  to  said 
place,  to  view  the  circumstances  of  the  land  and  inhabitants 
referred  to.  in  the  memorial  preferred  to  this  Assembly  in  May 
last^  abovementioned,  at  the  cost  of  the  memorialists,  hear  the 
parties  concerned,  and  make  report  to  this  Assembly  or  to  the 
Assembly  in  May  next,  what  they  find  and  judge  in  the 
premises. 

[207]  This  Assembly  do  establish  and  confirm  Mr.  Josejjii 
Piatt,  jun.,  to  be  Lieutenant  of  the  first  company  or  trainband 
in  the  town  of  Milford,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Raymond 
to  be  Captain  of  the  company  or  trainband  in  the  parish  of 
Midlesex,  and  order  that  he  be  commissioned  accordingly. 


1743.]  OP      CONNECTICUT.  557 

This  Assembly  do  establish  and  confirm  Mr.  Jonathan  Bell 
to  be  Lieutenant  of  the  company  or  trainband  in  the  parish  of 
Midlesex,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jonathan 
Bates,  jun..  to  be  Ensign  of  the  company  or  trainband  in  the 
parish  of  Midlesex,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Andrew  Lord 
to  be  Lieutenant  of  the  first  company  or  trainband  in  the  sev- 
enth regiment  in  this  Colony,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Nathaniel  Weed 
to  be  Captain  of  the  first  company  or  trainband  in  Standford, 
and  order  that  he  be  commissioned  accordingly. 

This  Assenibly  do  establish  and  confirm  Mr.  David  Water- 
bury  to  1)0  Lieutenant  of  the  first  company  or  trainband  in  the 
town  of  Standford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Holly, 
jun.,  to  be  Ensign  of  the  first  company  or  trainband  in  the 
town  of  Stanford,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

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

This  Assembly  do  establish  and  confirm  Mr.  Moses  Hawkins 
to  be  Ensign  of  the  company  or  trainband  in  the  town  of 
Derl)y,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Robert  Hors- 
mer  to  be  Cornet  of  the  Troop  in  the  12th  regiment  of  this 
Colony,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Chamber- 
lain to  be  Quarter-Master  of  the  Troop  in  the  12th  regiment  in 
this  Colony,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Roger  Wolcott, 
jun.,  to  be  Captain  of  the  third  company  or  trainband  in  the 
town  of  Windsor,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Thomas  Grant 
to  be  Lieutenant  of  the  od  company  or  trainband  in  the  town 
of  Windsor,  and  order  that  he  be  commissioned  accordingly. 


658  PUBLIC      RECORDS  [Oct. 

This  Assembly  do  establish  and  confirm  Mr.  Gideon  Wol- 
cott  to  be  Ensign  of  the  od  company  or  trainband  in  the  town. 
of  Windsor,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  David  Seward 
to  be  Ensign  of  the  5th  company  or  trainband  in  tlie  seventh 
regiment  in  this  Colony,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  establish  and  confirm  Mr.  Increase  Moseley 
to  be  Captain  of  the  5th  company  or  trainband  in  the  town  of 
Woodberry,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Baker  to 
he  Lieutenant  of  the  5th  company  or  trainband  in  the  town  of 
Woodberry,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Friend  Weeks 
to  be  Ensign  of  tlie  5th  company  or  trainband  in  the  town  of 
Woodberry,  and  order  that  he  be  commissioned  accordingly. 

[208]  On  the  petition  of  James  Tilley  of  New  London,  vs. 
Thomas  Forsdick  6f  New  London:  The  question  was  put, 
whether  anything  prayed  for  in  the  said  petition  should  be 
granted :  Resolved  by  this  Assembly  in  the  negative. 

On  the  petition  of  Thomas  Stephens  of  Standford  vs.  Oba- 
diah  Seeley,  jun.,  of  Standford,  as  on  file:  The  question  was 
put,  whether  the  prayer  of  said  petition  should  be 'granted: 
Resolved  in  the  negative. 

Upon  the  memorial  of  Jacob  Wildman,  administrator  upon 
the  estate  of  John  Neal,  late  resident  of  DanV)ury,  deceased, 
'  shewing  to  this  Assembly  that  the  whole  inventory  of  said  de- 
ceased's estate  consisteth  altogether  in  real  estate,  amounting 
to  the  sum  of  twenty  pounds  lawful  money,  and  the  debts  due 
from  said  estate  amounts  to  the  sum  of  twenty  pounds  fourteen 
shillings  and  eight  pence  lawful  money;  praying  this  Assem- 
bly for  liberty  to  sell  so  much  of  said  lands  as  will  make  the 
said  sum  of  twenty  pounds  fourteen  shillings  and  eight  pence, 
in  order  to  enable  him  to  pay  said  debts:  Whereupon  this  As- 
sembly do  appoint  and  impower  the  said  administrator,  taking 
advice  of  the  court  of  probate  within  the  district  of  Fairfield, 
to  make  sale  of  said  lands,  or  so  much  thereof  as  will  make 
the  said  sum  of  twenty  pounds  fourteen  shillings  and  eight 
pence  lawful  money,  together  witli  the  necessary  charge  aris- 
ing thereon. 

On  the  petition  of  Thomas  Seymour  and  John  Seymour,  jun., 
of  Hartford,  vs.  Joseph  Buckingham,  Esq"",  of  Hartford,  &c.: 
Granted,  that  the  petitioners  liave  liberty  to  be  heard  again  by 
the  superior  court  to  be  holden  at  Hartford  in  and  for  the 


1748.]  OF      CONNECTICUT.  559 

county  of  Hartford  in  March  next,  on  the  chancery  of  the  ad- 
rainisti-ation  bond  to  the  just  damages  that  the  parties  shall 
make  to  appear  to  have  happened  by  the  (part)  default  of  the 
administrator;  and  the  said  superior  court  is  directed,  author- 
ized and  impowered,  to  hear  the  parties  on  chancery,  tfec,  to 
call  in  all  parties  interested  or  concerned,  to  examine  tliem 
under  oath,  (if  need  be,)  and  thereon  to  render  judgment  in 
chancery  accordingly,  (the  former  judgment  notwithstanding;) 
and  further,  that  a  scir-e  facias  may  be  taken  out  upon  any 
further  breach  or  neglect  of  performance  of  any  other  condi- 
tion in  the  said  bond,  according  to  the  law  in  page  489,*  entit- 
iiled  An  Act  directing  the  rendering  judgment  on  bonds  con- 
ditioned, for  securing  damages  which  may  happen  at  several 
times. 

On  the  petition  of  Noadiah  Dickingson  and  Abigail  his  wife, 
of  Weathersfteld,  vs.  Joseph  Buckingham,  Esq"",  of  Hartford, 
(fee:  Granted,  that  the  petitioners  have  liberty  to  be  heard 
again  by  the  superior  court  to  be  holden  at  Hartford  in  and 
for  the  county  of  Hartford  in  March  next,  on,tlie  chancery  of 
the  administration  bond  to  the  just  damages  that  the  parties 
shall  make  appear  to  have  happened  by  the  (part)  default  of 
the  administrators ;  and  the  said  superior  court  is  directed, 
authorized  and  impowered,  to  hear  the  parties  on  chancery, 
&c.,  to  call  in  all  the  parties  interested  or  concerned,  to  ex- 
amine them  under  oath,  (if  need  be,)  and  thereon  to  render 
judgment  in  chancery  accordingly,  the  former  judgment  not- 
withstanding; and  further,  thsit  a  scire  facias  mny  be  taken 
out  upon  any  further  l)reach  or  neglect  of  performance  of  any 
other  condition  in  the  said  bond,  according  to  the  law  in  page 
4-39,  entituled  An  Act  directing  the  rendering  judgment  on 
bonds  conditioned  for  securing  damages  which  may  happen  at 
several  times. 

Upon  the  memorial  of  Richard  Osborn  and  Daniel  Cliapman 
of  Ridgefield,  administrators  on  the  estate  of  Peter  Cooley, 
late  of  Ridgefield,  deceased,  with  the  will  amiexed,  shewing 
that  the  debts  due  from  said  estate  surmount  the  personal  es- 
tate of  said  deceased  the  sum  of  two  hundred  seventy- eight 
pounds  ten  shillings  and  a  penny,  and  praying  for  liberty  and 
authority  to  sell  so  much  of  the  real  estate  of  said  deceased 
as  will  be  sufficient  to  answer  the  same  with  the  charges  aris- 
ing thereon:  Resolved  by  this  Assembly,  that  the  memorial- 
ists have  liberty  to  sell  so  much  of  the  real  estate  of  said  de- 
[209]  ceased  ||  as  will  be  sufficient  to  answer  the  said  two 
hundred  seventy-eight  potmds  ten  shillings  and  one  penny  old 
tenour,  with  the  charges  arising  thereon ;  and  the  memorial- 

*  Ante,  page  16. 


560  PUBLIC      EECOEDS  [Oct. 

ists  are  lierel)y  authorized  and  substituted  to  make  sale  of  the 
said  real  estate  for  the  purpose  aforesaid,  taking  the  direction 
of  the  court  of  probate  in  and  for  the  district  of  Standford 
therein. 

Upon  the  memorial  of  Justus  Bush  of  Greenwich,  adminis- 
trator on  the  estate  of  Nathaniel  Worden,  late  of  Greenwich, 
deceased,  shewing  that  the  debts  surmount  the  personal  estate 
of  said  deceased  the  sum  of  one  hundred  seventy-one  pounds 
ten  shillings  and  nine  pence  farthing,  and  praying  for  liberty 
to  sell  so  much  of  the  real  estate  of  said  deceased  as  will  an- 
swer the  same,  &c. :  Resolved  by  this  Assembly,  that  the  me- 
morialist have  liberty  to  sell  so  much  of  the  real  estate  of  said 
deceased  as  will  be  sufficient  to  answer  the  said  one  hundred 
and  seventy-one  pounds  ten  shillings  and  nine  pence  farthing 
old  tenour,  with  the  charges  arising  thereon;  and  the  memo- 
rialist is  hereby  authorized  and  substituted  to  make  sale 
thereof  accordingly,  for  the  purpose  aforesaid,  taking  the  di- 
rection of  the  court  of  probate  in  and  for  the  district  of 
Stanford  therein. 

Upon  the  prayer  of  the  town  of  Canaan  in  the  county  of 
Hartford,  by  their  agent,  Samuel  Beebe,  praying  for  a  land  tax 
for  the  support  of  their  minister  and  the  finishing  their  meet- 
ing house,  as  per  the  memorial  on  file,  dated  October  17th, 
1743:  Whereupon  it  is  resolved  by  this  Assembly,  that  every 
particular  right  of  land,  (the  college,  school,  and  ministerial 
rights  excepted,')  shall  be  taxed  at  ten  shillings  lawful  money, 
to  be  collected  yearly  for  three  years  next,  to  be  put  into  the 
hands  of  the  selectmen  of  said  town  for  the  time  being,  to  be 
improved  towards  paying  their  minister  and  building  and  fin- 
ishing their  meeting  house ;  and  their  annual  town  collectors 
of  said  Canaan  is  hereby  impowered  with  all  the  authority  that 
other  collectors  by  law  have  to  collect  the  same. 

On  the  memorial  of  Anne  Winthrop  of  New  London,  as  she 
is  attorney  to  her  Imsband,  John  Winthrop  of  said  New  Lon- 
don, Esq"",  now  residing  in  London  in  Great  Britain,  vs.  George 
Richards,  Esq"",  of  New  London,  sheriff,  &c. :  The  question 
was  put,  whether  the  pleas  offered  in  abatement  of  the  same 
are  sufficient:  Resolved  by  this  Assembly  in  the  affirmative. 
Cost  allow\l  respondent  is  £1  Os.  8d.  laivful  money. 

Ordered  hy  this  Assrmhly,  That  the  Treasurer  deliver  into 
the  hands  of  any  or  either  of  the  agents  for  the  Colony  in  the 
affair  of  the  Mohegan  Indians,  two  hundred  and  fifty  ounces 
troy  weight  of  silver  in  the  Spanish  dollars  brought  into  the 
treasury  for  the  interest  of  the  last  emission  on  loan,  taking 
a  receipt  therefor.     And  further,  this  Assembly  doth  approve 


1743.]  OF      CONNECTICUT.  561 

of  the  Treasurer's  delivery  of  one  hundred  pounds  sterling 
money  lieretofore  delivered  ]\y  him  to  the  said  auents,  and  that 
it  be  accounted  for  witli  him  accordingly. 

Ordered  by  this  Assembly^  That  the  Treasurer  of  this  Colony 
pay  out  of  the  treasury  unto  Jabez  Whittlesey  the  sum  of  one 
pound  twelve  shillings  and  six  pence  old  tenour,  to  answer 
a  certain  bill  of  cost  recovered  l)y  the  said  Whittlesey  against 
the  Governor  and  Com])any  of  this  Colony,  at  the  county 
court  for  the  county  of  Hartford,  in  April,  A.  D.  1743. 

Upon  the  petition  of  Jabez  Fitch  of  Canterbury,  and  the 
rest  of  the  inhabitants  of  said  Canterbury,  shewing  to  this 
Assembly  that  the  inhabitants  of  Windham  had,  at  the  supe- 
rior court  held  at  Windham  in  March  last,  recovered  a  judg- 
ment against  said  Fitch  and  the  rest  of  the  inhabitants  of 
said  Canterbury,  for  supporting  one  Robert  Colborn  of  said 
Windliam,  alledging  that  he  was  one  of  the  poor  inhabitants 
of  said  Canterbury  and  by  them  wrongfully  cast  upon  said 
Windham;  the  petitioner  alledging  that  their  counsel  mistook 
their  plea,  so  that  the  point  in  controversy  between  the  said 
towns  had  never  been  tryed ;  further  shewing,  that  they  had 
paid  near  £100  old  currency,  recovered  l^y  said  Windham 
[210]  inhabitants  in  said  superior  court  ;  praying  that,  if  || 
judgment  should  be  rendered  in  their  favour,  the  superior 
court  may  be  enabled  to  give  judgment  that  the  petitioner 
should  recover  back  from  tlie  petitionee  the  whole  sum  that 
has  by  force  of  said  judgment  been  taken  from  tliem,  and 
praying  for  another  tryal  of  said  cause :  Resolved  by  this  Assem- 
bly, that  the  petitioners  have  another  tryal  of  their  said  cause  at 
the  superior  court  to  be  held  at  Windham  in  March  next ;  and 
if  the  petitioners  shall  obtain  judgment  in  their  favour,  the  said 
superior  court  shall  render  judgment  that  the  petitioners  shall 
recover  back  the  whole  sum  that  has  by  force  of  said  judg- 
ment been  taken  from  them,  (except  the  former  cost ;)  and 
that  the  future  cost  only  follow  said  judgment. 

On  the  petition  of  John  Denison  of  Stoningtown  vs.  Jona- 
than Richardson  of  Stoningtovvn,  as  on  file :  The  question 
was  put,  whether  the  pleas  offered  by  the  respondent  in  bar 
of  the  said  petition  are  sufficient :  Resolved  by  this  Assem- 
bly in  the  affirmative. 

Upon  the  memorial  of  Mary  Cooley,  administratrix  on  the 
estate  of  Asahel  Cooley,  late  of  Wallingford,  deceased,  shew- 
ing that  sundry  debts  &c.  were  omitted,  amounting  to  <£41 
8s.  2>d.  old  currency,  more  than  the  order  of  the  Assembly  in 
May  last  did  enable  said  administratrix  to  sell  land  for  the 
payment  thereof,  as  per  her  memorial  on  file  appears,  praying 
71 


662  PUBLIC      RECORDS  [Oct. 

liberty  to  sell  as  abovesaid  :  Resolved  by  this  Assembly,  that 
the  said  administratrix,  with  Elihu  Hall  of  said  Wallingford, 
shall,  and  are  hereby  enabled  to  sell  so  much  of  said  deceas'd's 
real  estate  that  shall  make  <£41  8s.  3d.  old  currency,  in  addition 
to  the  order  of  said  Assembly  in  May  last  therein,  and  incident 
charges  arising  on  said  sale,  taking  the  direction  of  the  court 
of  probate  in  New  Haven  in  the  premises. 

Upon  the  memorial  of  the  town  of  Salisbury  in  the  county 
of  New  Haven,  by  their  agent  Samuel  Bellows  of  said  Salis- 
bury, praying  a  land  tax  :  It  is  resolved  by  this  Assembly, 
that  each  respective  right  in  said  Salisbury,  (the  college, 
school,  and  ministerial  rights  excepted,)  shall  be  taxed  at 
six  pounds  upon  each  right  annually,  for  the  space  of  three 
years  next  comir.g,  and  all  the  country  grants  in  said 
town  at  four  pence  for  every  acre  laid  out,  unimproved, 
in  said  town,  annually  for  the  same  term,  in  bills  of 
credit  old  tenour ;  the  said  grants  to  be  computed  ac- 
cording to  their  several  original  surveys ;  which  tax  shall 
be  in  lieu  of  any  former  tax  granted  by  the  Assembly. 
The  money  to  be  annually  collected  by  Josiah  Stoddard 
of  said  Salisbury,  who  is  fully  hereby  impowered,  as  fully  as 
collectors  by  law  appointed.  And  the  moneys  so  collected 
shall  annually  be  put  into  the  hand  of  said  town  treasurer, 
to  be  improved  as  needed  by  the  inhabitants  for  settling  and 
support  of  an  orthodox  minister  amongst  them,  and  for  the 
building  of  a  meeting  house  in  said  town. 

On  the  memorial  of  Hezekiah  Rue  and  Thankful  his  wife, 
executrix  of  the  last  will  and  testament  of  Joseph  Plumb, 
late  of  Farmingtown,  deceased,  shewing  tbat  the  debts  of 
said  deceased  surmount  tlie  moveable  estate  the  sum  of  X51 
17s.  lid.  in  old  tenour,  praying  that  some  suitable  person 
may  be  impowered  to  sell  so  much  of  said  deceased's  lands 
as  shall  answer  the  same :  Resolved  by  this  Assembly,  that 
Mr.  Joseph  Gaylord,  of  said  Farmingtown,  shall,  and  is  here- 
by enabled  to  make  sale  of  so  much  of  said  deceased's  real 
estate  as  shall  raise  the  said  sum  of  £51  lis.  lid.  in  old 
tenour,  for  the  purpose  aforesaid,  together  with  incident 
charges  arising  on  said  sale,  taking  the  direction  of  the  court 
of  probate  in  the  county  of  Hartford  in  the  p^"emises. 

Ordered  hy  this  Assembly.,  That  the  Treasurer  of  this  Col- 
ony pay  out  of  the  publick  treasury  to  Samuel  Lynde,  Esq"", 
Messrs.  Jedadiah  Chapman  and  John  TuUy,  the  sum  of  four 
pounds  sixteen  shillings  old  tenour,  in  full  satisfaction  for 
their  service  mentioned  in  their  account  now  laid  before  and 
allowed  by  the  Assembly. 


1743.] 


OF      CONNECTI  CUT. 


563 


[211]  Upon  the  memorial  of  Elnatlian  Rowley,  administra- 
tor to  the  estate  of  Josiah  Gillett,  jun.,  late  of  Colchester,  de- 
ceased, shewing  to  this  Assembly  that  the  debts  due  from 
said  estate  already  found  out  is  twenty-eight  pounds  seven 
shillings  and  six  pence  old  tenour  more  than  tlie  inventory, 
for  payment  of  which  he,  the  said  administrator,  liath  noth- 
ing in  his  hands :  Resolved  by  this  Assembly,  that  Elnathan 
Rowley,  administrator  to  said  estate,  he  impowered,  and  is 
hereby  impowered,  to  sell  so  much  of  the  deceased's  lands 
as  shall  be  sufficient  to  pay  the  debts  due  from  said  estate 
with  the  incident  charges  arising  thereupon,  taking  the  ad- 
vice of  the  judge  of  the  court  of  probate  in  the  district  of 
East  Haddam. 

Upon  the  memorial  of  Ruth  Coleman,  administratrix  on 
the  estate  of  Ebenezer  Coleman,  late  of  Hebron,  deceased, 
shewing  to  this  Court  that  tlie  debts  due  from  said  estate 
surmounted  the  sum  of  the  personal  estate  the  sum  of  £133 
14s.  lOd.  old  tenour,  and  praying  liberty  to  sell  so  much 
lands  to  pay  said  debts  with  the  incident  charges  arising  there- 
on :  Resolved  by  this  Assembly,  that'  Ruth  Coleman,  ad- 
ministratrix on  said  estate,  be  and  is  hereby  impowered, 
(with  the  advice  of  the  judge  of  the  court  of  probate  of  the 
district  of  East  Haddam,)  to  sell  so  much  of  the  lands 
of  the  said  Ebenezer  Coleman,  deceased,  as  amounts  to  the 
sum  of  £133  14s.  lOd.  old  tenour,  and  to  defray  the  incident 
charges  arising  thereupon. 

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


/.              s. 

d: 

/.            s. 

d. 

Hartford, 

33025     2 

0 

New  Haven, 

43787     5 

2i 

Fairfield, 

39618  16 

3 

New  London, 

27102     9 

9 

Lyme, 

17653     6 

10 

Durham, 

9550     1 

2 

Woodberry, 

17943     5 

5 

Pomfrett, 

12637     0 

0 

Norwalk, 

27561     3 

8 

Windham, 

19912    4 

5 

Symsbury, 

13521  17 

0 

Glassenbury, 

10412  11 

0 

Stoningtown, 

25144     4 

1 

Guilford, 

28179     2 

10 

Norwich, 

43696     8 

7 

Killingsworth, 

,  11539  14 

6 

Killingly, 

16034     0 

0 

New  Milford, 

8621  12 

10 

Weathersfield, 

23556  19 

3 

Lebanon, 

28781  17 

9 

Canterbury, 

12468  12 

0 

Say brook, 

17428  14 

3 

Hebron, 

12293     9 

0 

Greenwich, 

17432     9 

0 

Ridgfield, 

7840  13 

6 

Litchfield, 

8102  14 

0 

Plainfield, 

8634     5 

4 

Haddam, 

8601     3 

3 

Colchester, 

17540  14 

0 

East  Haddam. 

,  14641  12 

0 

Ashford, 

7876  17 

0 

Mansfield, 

10589     5 

3 

564 

PUBLI 

c 

RECORDS 

[^ 

3ct 

Voluntown, 

6780 

0 

0 

Preston, 

16062 

0 

0 

Farming-town, 

28322 

0 

5 

Stand  ford, 

20263 

9 

2 

Wallingford, 

32272 

7 

6 

Waterbury, 

10693 

0 

6 

Coventry, 

10092 

1 

0 

Windsor, 

29676 

1 

2 

Derby, 

8449 

1 

0 

Danbury, 

11936 

19 

6 

Brandford, 

19781 

8 

1 

Groton. 

18290 

8 

0 

Stratford, 
Midletown, 

32000 
35069 

0 
18 

0 

0 

Milford, 

24409 

0 

1 

On  the  memorial  of  Jared  Lee,  executor  to  the  last  will  and 
testament  of  James  Lee,  late  of  Farmingtown,  deceased, 
shewing  that  tlie  debts  of  said  deceased  surmount  the  movea- 
ble estate  the  sum  of  X79  2s.  id.  in  old  tenour,  praying  that 
the  memorialist  may  be  impowered  to  sell  ho  much  of  said 
deceased's  lands  as  shall  answer  the  same  :  Resolved  by  this 
Assembly,  that  the  memorialist  shall,  and  hereby  is  enabled 
to  make  sale  of  so  much  of  said  deceased's  real  estate  as 
shall  raise  the  said  sum  of  .£79  26-.  4d.  in  old  tenour,  for  the 
purpose  aforesaid,  together  with  incident  charges  arising  on 
said  sale,  taking  the  direction  of  the  court  of  probate  in  the 
county  of  Hartford  in  the  premises. 

[^12]  Upon  the  memorial  of  John  Clark,  administrator  on 
the  estate  of  Josiah  Gillett,late  of  Colchester,  deceased,  shew- 
ing to  this  Assembly  that  the  debts  due  from  said  estate 
amounts  to  the  sum  of  twenty  and  five  pounds  eighteen  shil- 
lings in  old  tenour  bills,  &c.,  that  the  deceased  left  no  person- 
al estate,  and  praying  to  this  Assembly  for  liberty  to  sell  so 
much  of  the  lands  as  to  pay  the  same  with  the  incident 
charges  arising  thereupon  :  Resolved  by  this  Assembly,  that 
John  Clark,  administrator  on  said  estate,  be  impowered, 
and  hereby  is  impowered,  to  sell  so  much  of  the  lands  of 
said  Josiah  Gillett,  deceased,  as  shall  amount  to  the  sum  of 
.£26  18s.  Od.  in  bills  of  credit  old  tenour,  with  so  much  as 
to  defray  the  incident  charges  arising  thereupon,  taking  the 
advice  of  the  judge  of  the  court  of  probates  in  the  district  of 
Bast  Haddam. 

This  Assembly  do  establish  and  confirm  Mr.  Henry  Brace 
to  be  Lieutenant  of  the  4th  company  or  trainl)and  in  the  town 
of  Hartford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Timothy  Sey- 
mour to  be  Ensign  of  the  4th  company  or  trainband  in  the 
town  of  Hartford,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Jeremiah 
Goodrich  to  be  Lieutenant  of  the  first  company  or  trainband 


1743.]  OF      CONNECTICUT.  565 

on  the  east  side  of  Connecticut  River   in    the   town  of  Mid- 
Ictown,  and  order  that  he  be  commissioned  accordin<>;ly. 

This  Assembly  do  establish  and  confirm  Mr.  Ebenezer 
Clark  to  be  Ensign  of  the  first  company  or  trainband  on 
tiie  east  side  of  Connecticut  River  in  tlie  town  of  Midle- 
town,  and  order  that  he  be  commissioned  accordingly. 

Tliis  Assembly  do  establish  and  confirm  Mr.  Ezckiel  Royce 
to  be  Captain  of  the  4th  company  or  trainband  in  the  town 
of  Wallingford,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Josiah  Rob- 
inson to  be  Lieutenant  of  tiie  4th  company  or  trainband  in 
the  town  of  Wallingford,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  William  Mir- 
riam  to  be  Ensign  of  the  4th  company  or  trainband  in  the 
town  of  Wallingford,  and  order  that  he  be  commissioned 
accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Amos  Porter 
to  be  Lieutenant  of  the  northwest  company  or  trainband  in 
the  town  of  Midletown,  and  order  that  he  be  commissioned 
accordingly. 

This  Assemljly  do  establish  and  confirm  Mr.  David  Sage 
to  be  Ensign  of  the  northwest  company  or  trainband  in  tlie 
town  of  Midletown,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Wait  Hinman 
to  be  Captain  of  the  south  company  or  trainband  in  the  town 
of  Y/oodberry,  and  order  that  he  be  commissioned  •  accord- 
ingly. 

This  Asseml)ly  do  establish  and  confirm  Mr.  Benjamin 
Hickcox  to  be  Lieutenant  of  the  south  company  or  trainband 
in  the  town  of  Woodberry,  and  order  that  he  be  commis- 
sioned accordingly. 

This  Assembly  do  estaljlish  and  confirm  Mr.  Ebenezer  Down 
to  1)6  Ensign  of  the  south  company  or  trainband  in  the  town 
of  Woodberry,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  John  Lumm 
to  be  Captain  of  the  company  or  trainband  in  the  parish  of 
Oxford,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Ebenezer 
Riggs  to  be  Lieutenant  of  the  company  or  trainband  in  the 
parish  of  Oxford,  and  order  that  he  be  commissioned  accord- 
ingly. 


566  PUBLIC      RECORDS  [Oct. 

[213]  This  Assembly  do  establish  and  confirm  Mr.  John 
Chatfield  to  be  Ensign  of  tlie  company  or  trainband  in  the 
parish  of  Oxford,  and  order  that  he  be  commissioned  accord- 
ingly. 

Upon  the  memorial  of  John  Munger  and  Josiah  Munger  of 
Gnilford,  and  Jonathan  Munger  of  Woodberry,  shewing  to 
this  Assembly  that  Rachel  Munger  of  said  Guilford,  their  sis- 
ter, is  a  person  uncapable  to  help  lierself,  by  reason  of 
a  disorder  in  body  and  mind,  and  that  they  have  been  at 
the  cost  and  charges  of  her  maintenance  about  ten  years, 
and  all  her  personal  estate  is  spent  already,  and  about  thirty 
pounds  more  the  memorialists  have  expended  for  her  support, 
and  that  she  is  likely  to  be  a  charge  to  them  as  long  as  she 
shall  live ;  and,  there  being  land  given  her  by  her  father's 
last  will  and  testament  for  her  su])port,  praying  for  liberty  to 
sell  the  real  estate  of  the  said  Rachel,  for  her  support  and 
maintenance  during  her  life  :  Resolved  by  this  Assembly,  that 
the  memorialists  have  liberty  to  sell  the  real  estate  of  the 
said  Rachel,  taking  the  advice  of  the  court  of  probate  in  the 
district  of  Guilford,  to  be  improved  for  her  maintenance  as 
long  as  she  shall  live. 

Whereas  this  Asseml)ly,  in  its  sessions  at  Hartford  in  May 
last,  granted  a  tax  of  one  half-penny  lawful  money  on  the 
acre  on  all  the  unimproved  lands  in  the  parish  of  New  Salem, 
being  partly  in  Colchester  and  partly  in  Lyme,  to  be  im- 
proved for  the  support  of  the  gospel  ministry  in  said  parish, 
and  the  same  being  complained  of  to  this  Assembly,  as  too 
great  a  burden  to  the  owners  of  lands  there  :  In  considera- 
tion whereof.  Resolved  by  this  Assembly,  that  the  one  half 
of  said  tax  be  abated,  and  the  same  is  hereby  abated  ac- 
cordingly ;  and  all  persons  impowered  to  collect  said  tax 
are  to  take  notice  hereof  and  conform  themselves  accordingly. 

Ordered  hy  this  Assembly,  That  the  Secretary  of  this  Col- 
ony make  out  a  precept  to  the  proper  officers,  to  arrest  the 
body  of  Mr.  Benjamin  Pumroy  of  Hebron,  clerk,  whereso- 
ever he  may  be  in  this  Colony,  and  him  bring  before  the  Gen- 
eral Assembly  of  this  Colony,  to  answer  to  such  matters  and 
things  as  are  objected  and  complained  of  against  him  on  his 
Majesty's  behalf  before  the  Assembly. 

Upon  the  memorial  of  Abraham  Stone,  John  Hill  and  Dan- 
iel Norton,  of  Guilford,  praying  to  be  discharged  from  the 
fourth  society  in  said  Guilford,  and  reunited  to  the  first  soci 
ety  in  said  Guilford :  This  Assembly  grants  that  the  said  me- 
morialists be  discharged  from  the  said  fourth  society,  and  an- 
nexed to  the  said  first  society. 


1743.]  OP      CONNECTICUT.  567 

Upon  the  memorial  of  Jacob  Tiillar,  administrator  on  the 
estate  of  John  Tullar,  late  of  Symsbury,  deceased,  shewing 
to  this  Assembly  that  the  debts  due  from  the  said  estate  do 
surmount  tlie  personal  estate  of  the  said  deceased  tlie  sum 
of  .£65  19.S'.  Sd.  in  old  tenour  bills,  and  praying  this  Assem- 
bly to  grant  liberty  to  sell  so  much  of  the  real  estate  of  the 
said  deceased  as  shall  be  sufficient  for  the  payment  of  said 
debts,  &c. :  This  Assembly  grants  liberty  to  the  said  adminis- 
trator to  make  sale  of  so  much  of  the  land  *  of  said  de- 
ceased as  sliall  be  sufficient  for  the  paymeut  of  the  said  debts 
with  the  necessary  charges  arising  thereon,  taking  the  di- 
rection of  the  court  of  probate  in  the  district  of  Hartford. 

Whereas  the  Lords  Justices  have  signified  to  his  Honour 
the  Governor,  the  prospect  of  a  war  with  France,  and  directed 
that  this  Colony  be  put  into  the  best  posture  of  defence. 

It  is  therefore  resolved  hy  this  Assemblt/,  That  his  Honour 
the  Governor  (with  the  advice  of  the  Council)  be  impowered, 
and  he  is  hereby  impowered  and  desired,  to  cause  the  bottom 
of  the  sloop  Defence  to  be  forthwith  graved,  and  upon  credi- 
ble information  of  a  war  with  France,  as  early  as  possible  in 
the  spring,  to  cause  the  said  sloop  to  be  fitted  for  service  and 
furnished  with  a  sufficiency  of  warlike  stores ;  appoint  a 
captain  and  such  other  officers  as  are  necessary,  and  commis- 
ionate  them  ;  cause  a  number  of  men,  not  exceeding  one 
hundred,  to  be  shipped  and  inlisted  ;  and  to  give  sucli  direc- 
[214]  tions  to  ||  said  captain,  from  time  to  time,  as  the  cir- 
cumstances of  the  case  shall  require ;  and  to  appoint  some 
suitable  person  or  persons  to  procure  provisions  sufficient  for 
said  sloop. 

And,  for  a  further  security  to.  the  port  of  New  London,  Jer- 
emiah Miller  and  John  Ricliards,  Esq''^  are  appointed  a  com- 
mittee to  procure  three  guns,  two  of  them  twelve-pounders, 
and  one  four-pounder,  with  ammunition  sufficient  for  them ; 
and,  in  case  of  a  war  witli  France,  to  cause  the  said  guns  to  be 
planted  in  the  most  convenient  place  on  the  west  side  of  said 
harbour,  at  or  nearHarriss's  Point,  and  to  cause  a  breast  work 
to  be  built  for  the  security  of  those  who  manage  the  said  guns, 
and  the  King's  colours  to  be  provided,  and  a  beacon  erected 
in  the  most  convenient  place  near  said  battery  :  always  pro- 
vided, that  the  charge  to  the  government  exceed  not  the  sum 
of  five  hundred  pounds  old  tenour. 

And,  for  the  better  securing  the  frontiers  of  this  Colony, 
his  Honour  the  De)»uty  Governor,  with  Nathaniel  Stanly, 
Ozias  Pitkin  and  William  Pitkin,  Esq'"%  Capt.  John  Marsh 
and  Mr.  Joseph  Buckingham,  or  the  major  part  of  them,  are 
appointed  a  Committee  of  War,  with  full  power  to  send  such 


568  PUBLIC      TfECORDS  [Oct. 

a  number  of  men  as  they  shall  judge  necessary  for  the  de- 
fence of  our  frontier  towns,  and  into  the  county  of  Hamp- 
shire in  case  of  an  invasion,  and  to  give  directions  for  erecting 
garrisons  in  our  frontier  towns,  in  case  they  judge  it  nec- 
essary. 

And  it  is  further  provided^  That  in  case  the  neighbouring 
governments  should  unite  in  an  endeavour  to  settle  a  peace 
or  friendship  with  the  Indians,  the  Governor  and  Council  of 
this  Colony 'are  desired  and  impowered  to  send  some  proper 
person  or  persons,  in  behalf  of  this  Colony,  to  unite  with  them 
in  such  an  alfair,  and  to  furnish  them  with  money  to  answer 
this  government's  proportion  therein,  and  that  the  Governor 
give  such  person  or  persons  a  proper  commission  for  said 
service. 

And,' that  none  of  the  towns  in  this  government  may  be 
deficient  in  their  stock  of  ammunition,  the  colonels  of  the  sev- 
eral regiments  in  this  Colony  are  hereby  directed  to  demand 
of  the  selectmen  of  the  several  towns  in  their  respective  reg- 
iments an  account  how  such  towns  are  provided  with  ammu- 
nition, and  to  take  proper  care  that  each  town  that  is  defective 
be  speedily  provided  with  a  stock  of  ammunition  according  to 
law  ;  and  that  it-  be  recommended  to  the  Captain  General, 
that  he  order  the  colonels  of  the  several  regiments  in  this 
Colony  to  exercise  their  regiments  according  to  Colonel 
Bland's  military  discipline,  and  that  the  respective  captains 
in  each  regiment  conform  themselves  to  the  same. 

Whereas  Samuel  Sturgis  of  Fairfield,  administrator  on  the 
estate  of  Elizabeth  Sturgis,  late  wife  of  the  said  Samuel, 
brought  his  petition  to  the  General  Assembly  in  May  last, 
against  Jonathan  Sturgis  of  said  Fairfield,  the  only  surviving 
executor  of  tiie  last  will  and  testament  of  Jonathan  Sturgis 
late  of  Fairfield,  deceased,  and  against  the  surviving  Jona- 
than, and  Andrew  Burr  of  Fairfield,  Esq"",  as  they  are  admin- 
istrators on  the  estate  of  David  Sturgis  late  of  said  Fairfield, 
deceased,  father  of  the  said  Elizabeth  and  son  and  legatee  of 
the  said  deceased  Jonathan,  representing  that  the  said  David 
Sturgis's  part  and  portion  of  his  said  father's  moveable  estate,, 
amounting  to  a  large  sum,  hath  come  to  and  is  in  the  hands 
of  the  said  Jonathan  as  executor  as  aforesaid,  and  that  he 
would  not  render  any  account  thereof  to  the  said  Samuel,  who 
is  the  proper  person  to  receive  the  same ;  and  also,  that  the 
estate  of  the  said  David  came  to  and  is  in  the  hands  of  the 
said  administrators,  and  that  they  refuse  to  deliver  the  same 
to  the  said  Samuel,  administrator,  or  any  account  thereof; 
praying  for  a  committee  to  hear,  examine  and  adjust  the  said 
accounts  and  matters  relating  to  said  estate,  so  far  as  belongs 


1743.]  OP      CONNECTICUT.  569 

to  the  petitioner,  and  determine  what  is  just  in  the  affair: 
whereupon  said  Assembly  appointed  Jonathan  Hoit  of  Stand- 
[215]  ford,  II  John  Fowler  of  Milford,  and  Theophilus  Nickols 
of  Stratford,  a  committee  to  perform  as  above-said ;  who  report 
to  this  Assembly,  that  the  said  Jonathan  Sturgis,  as  executor 
as  aforesaid,  is  indebted  and  ought  to  pay  unto  the  said  Samuel 
Sturgis,  as  administrator  as  aforesaid,  as  a  residuary  legacy 
due  to  tlie  said  David  Sturgis,  the  sum  of  sixty-one  pounds 
eight  shillings  and  four  pence,  money,  according  to"  his  lather's 
inventory  price :  and  also  on  the  estate  of  David  Sturgis,  as 
administrator,  the  said  Jonathan  is  indebted  unto  the  said 
Samuel  Sturgis,  as  administrator  as  aforesaid,  the  sum  of 
thirty-four  pounds  eleven  sliillings  and  nine  pence  money  at 
inventory  price,  which  inventory  of  the  said  Jonathan's  estate, 
as  by  the  said  report  referred  to,  was  in  money,  and  taken  and 
exhibited  on  the  8d  day  of  June,  A.  D.  171o,  the  price  or  value 
thereof  being  at  the  rate  of  silver  at  eight  shillings  per  ounce, 
which  amounts  to  the  sum  of  fifty-one  pounds  three  shillings 
^lUd  seven  pence  lawful  money ;  and  the  inventory  of  the  said 
David  Sturgis's  estate,  as  referred  to  in  said  report,  was  taken 
on  the  22d  day  of  January,  ll'2h,  at  the  price  or  value  of 
money  at  the  rate  of  silver  at  sixteen  shillings  per  ounce, 
which  amounts  to  the  sum  of  fourteen  pounds  eight  shillings 
and  four  pence  lawful  money:  Whereupou  this  Assembly  do 
decree  and  order  the  said  Jonathan  Sturgis  to  pay  unto  the 
said  Samuel  Sturgis,  as  administrator  on  the  estate  of  Eliza- 
beth Sturgis,  deceased,  the  sum  of  sixty-five  pounds  eleven 
shillings  and  eleven  pence  lawful  money,  and  cost  taxed  at 
seventeen  pounds  nine  pence  lawful  money,  and  that  execution 
go  forth  accordingly  from  the  Secretary  of  this  Colony.  Ex" 
granted  November  Isf,  1743. 

All  Act  in  Addition  to  one  Law  of  this  Colony  entituled 

An  Act  for  regulating  Abuses  and  correcting 

Disorders  in  Ecclesiastical  Affairs. 

Whereas  in  the  last  paragraph  of  said  act  it  is  provided  and 

enacted,  'that  if  any  foreigner  or  stranger,  that  is  not  an  in- 

'  habitant  in  this  Colony,  including  as  well  such  persons  that 

'have  no  ecclesiastical  character  or  lycence  to  preach  as  such 

'  as  have  received  ordination  or  lycence  to  preach  by  any  asso- 

'  ciatiou  or  presbytery,  shall  presume  to  preach,  teach  or  pub- 

'  lickly  to  exhort,  in  any  town  or  society  vrithin  this  Colony, 

'  vv^ithout  the  desire  and  lycence  of  the  settled  minister  and 

'  the  major  part  of  the  church  of  such  town  or  society,  or  at 

'the  call  and  desire  of  the  church  and  inhabitants  of  such 

^town  or  society,  provided  that  it  so  happen  that  there  is  no 

'  settled  minister  there,  that  every  such  preacher,  teacher  or 

72 


570  PUBLIC      RECORDS  [Oct. 

'  exhorter,  shall  be  sent  (as  a  vagrant  person)  by  warrant  from 
'any  one  assistant  or  justice  of  the  peace,  from  constable  to 
'constable  out  of  the  bounds  of  this  Colony:'  And  it  being- 
found  by  experience  that,  for  want  of  further  provision,  the 
good  ends  proposed  are  defeated;  and  some  persons  that,  pur- 
suant to  the  aforesaid  law,  have  been  taken  and  carried  out  of 
the  bounds  of  this  Colony,  have  immediately  returned  again, 
and  by  preaching  and  exhorting  as  aforesaid  have  greatly  dis- 
quieted and  disturbed  the  people:  Which  for  the  future  to 
prevent, 

Be  it  enacted  hy  the  Grovei-nor,  Council  and  Mepresentatives, 
in  G-eneral  Court  assembled^  and  hy  the  authority  of  the  same, 
Tliat  when  it  shall  so  happen  that  any  person  that  is  a  foreigner 
or  stranger,  and  not  an  inhabitant  in  this  Colony,  shall  at  any 
time  after  he  has  been,  by  order  of  authority  as  aforesaid, 
transported  out  of  the  bounds  of  this  Colony,  return  into  the 
same  again,  and  shall  in  any  town  or  society  in  this  Colony 
preach,  teach  or  exhort,  contrary  to  the  true  intent  and  mean- 
ing of  the  aforesaid  law,  it  shall  he  the  duty  of  any  one  assist- 
ant or  justice  of  the  peace,  that  shall  be  informed  thereof,  to 
cause  such  person  to  be  apprehended  and  brought  before  him, 
and  if  he  shall  be  found  guilty,  to  give  judgment  that  such 
person  shall  become  bound  in  the  penal  sum  of  one  hundred 
pounds  lawful  money,  to  his  peacealile  and  good  behaviour 
until  the  next  county  court  in  the  county  where  the  offence 
shall  be  committed,  and  that  such  person  will  not  offend  again 
in  like  manner;  and  also,  that  such  offender  shall  pay  down 
the  cost  of  his  transportation.  And  the  county  court  may,  if 
they  see  cause,  further  bind  such  offender  to  his  peaceable  and 
good  behaviour  during  the  pleasure  of  said  court.* 
An  Act  in  Addition  to  and  for  Explanation  of  the  Law- 
intituled  An  Act  for  the  better  Ordering 
of  Idle  and  Poor  Persons. 

Whereas  in  said  law  there  is  no  special  direction  given  for 
a  rule  to  the  selectmen  to  proceed  by.  when  they  sliall  judge  it 
[216]  necessary  to  take  into  their  care  the  person  or  estate  || 
of  any  such  idle  person,  nor  to  make  certain  their  doings 
therein,  nor  any- sufficient  provision  to  preserve  tlie  estate  of 
such  person,  taken  by  the  direction  ol  said  law,  from  perishing 
in  the  hands  of  such  selectmen  or  their  successors,  which  may 
occasion  great  wrong  and  injustice  to  such  person  or  his  heirs: 
Which  to  prevent, 

Be  it  enacted  by  the  Grovernor,  Council  and  Representatives, 

*  Rev.  Samuel  Finley,  of  New  Jersey,  afterwards  president  of  Princeton  College,  for 
preaching  in  ililford,  contrary  to  the  act  of  May,  1742,  had  been  Hccordingly  sent  out 
of  the  Colony,  but  returned  again  and  preached  in  New  Haven :  an  account  of 
which  was  laid  before  the  Assembly,  and  occasioned  this  law.  Backus,  Abridgment, 
172. 


1743.]  OF      CONNECTICUT.  571 

in  G-eneral  Court  assembled,  and  hi/  the  authority  of  the  same, 
Tliat  when  and  so  often  as  the  selectmen  in  any  town  in  this 
Colony,  or  the  major  part  of  them,  shall  find  any  person  that 
throngh  idleness  and  had  hiishandry  are  like  to  be  rednced  to 
poverty  and  want,  they  are  hereby  directed  to  make  appliita- 
tion  to  the  next  assistant  or  justice  of  the  peace,  and  inform 
him  thereof;  which  said  assistant  or  justice  is  hereby  directed, 
at  the  request  of  such  selectmen,  to  issue  forth  his  warrant, 
directed  to  the  sheriff  of  the  county,  his  deputy,  or  either  of 
the  constables  of  said  town,  commanding  them  to  take  the 
body  of  such  person  and  bring  him  before  such  assistant  or 
justice,  in  order  that  such  person  may  be  dealt  with  according 
to  the  direction  of  said  law.  And  in  case  such  idle  person, 
who  shall  be  so  informed  against,  shall  abscond,  so  that  he 
cannot  be  taken  bodily,  then  and  in  such  case  the  sheriff,  his 
deputy,  or  constable,  shall  serve  such  warrant  by  leaving  a  true 
and  attested  copy  thereof  at  the  usual  or  last  place  of  his 
abode. 

And  it  is  further  enacted  hy  the  authority  aforesaid,  That  the 
selectmen,  or  the  major  part  of  them,  after  and  upon  the  pro- 
ceeding above  directed  to.  are  hereby  directed  and  impowered, 
by  and  with  the  advice  of  said  assistant  or  justice,  to  take  such 
person  and  his  family,  if  any  he  has,  and  him  or  them  dispose 
of  in  service,  as  they  shall  judge  best. 

And  it  is  further  enacted  hy  the  authority  aforesaid,  That  when 
any  selectmen  shall  have  taken  into  their  care  any  idle  person 
or  persons  (agreeable  to  the  directions  in  this  act  provided) 
and  disposed  of  him  or  them  as  aforesaid,  the  said  selectmen 
for  the  time  being  are  authorized  and  fully  impowered,  by  and 
with  the  advice  of  said  assistant  or  justice  of  the  peace,  to 
take  into  their  hands,  and  to  improve  by  themselves  or  any  by 
or  under  them,  all  the  lands,  goods,  chattels  and  credits  of 
any  such  idle  person,  for  the  best  good  and  benefit  of  such 
person  or  his  heirs. 

Provided,  The  said  selectmen  shall  make  certain  their  doings 
upon  such  estate,  by  forthwith  setting  up  a  certificate  thereof 
in  writing,  under  the  bauds  of  the  said  authority  and  select- 
men, on  the  sign-post  or  some  other  publick  place  in  said  town, 
and  lodge  a  copy  thereof  in  the  town  clerk's  office  of  said 
town. 

Provided,  also,  The  said  selectmen,  within  ten  days  after  the 
taking  of  such  estate  into  their  hands,  shall  make  a  trvie  and 
perfect  inventory  of  all  and  singular  the  goods,  chattels  and 
credits  of  any  and  every  such  idle  person  as  shall  come  into 
their  hands,  with  a  just  estimate  of  the  true  worth  and  value 
of  every  article  thereof,  by  the  apprizement  of  two  indifferent 


572  PUBLIC     RECORDS  [Oct. 

persons,  freeholders,  under  oath,  being  thereunto  appointed  by 
said  assistant  or  justice ;  which  schedule  or  inventory,  taken 
as  aforesaid,  shall  be  lodged  in  the  town  clerk's  office  in  such 
town  where  such  person  shall  be  taken  as  aforesaid. 

And  it  is  further  enacted  hy  the  authority  aforesaid^  That  all 
such  persons  as  shall  be  taken,  and  whose  estate  shall  be  dis- 
posed of  according  to  the  directions  of  this  act,  shall  be  disin- 
abled  to  make  any  act  or  deed  binding  upon  his  person  or  es- 
tate, as  minors  under  guardians  by  law  are. 
An  Act  in  Addition  to  an  Act  intituled  An  Act  to  en- 
courage the  Destroying  of  Wolves,  &c. 

Be  it  enacted  hy  the  Grovernor,  Council  and  Hejyresentatives, 
in  G-eneral  Court  assembled,  and  by  the  authority  of  the  same, 
That  if  any  person  or  persons  shall  kill  or  destroy  any  grown 
wolf  or  wolves  within  the  bounds  of  any  town  in  this  govern- 
ment, such  person  or  persons  shall  receive  out  of  the  publick 
treasury  the  sum  of  six  pounds  ten  shillings  old  tenour,  and 
no  more ;  and  thirty  shillings,  and  no  more,  out  of  the  treasury 
of  the  town  within  the  bounds  whereof  such  wolf  shall  be 
killed,  as  a  reward  for  killing  the  same;  and  half  so  much 
out  of  each  of  the  aforesaid  treasuries  for  every  wolf's  whelp 
that  shall  be  killed  as  aforesaid. 

This  Assembly  do  appoint  Mr.  Christopher  Avery,  jun.,  of 
Groton,  to  be  a  Justice  of  the  Peace  in  and  for  the  county  of 
New  London  till  the  first  day  of  June  next. 

[217]  On  the  memorial  of  Samuel  Wells  and  others  of  Farm- 
ingtown,  therein  shewing  that  they  were  by  an  act  of  this  As- 
sembly annexed  to  the  west  society  in  Hartford,  so  far  as  re- 
lated to  ministerial  charges  and  building  meetinghouses  &c., 
and"  praying  to  be  released  from  all  society  charges  in  said 
Farmingtown  :  Resolved  by  this  Assembly,  that  all  the  inhabit- 
ants that  now  do,  or  that  hereafter  shall  live  on  that  part  of  said 
Farmingtown,  which  by  the  act  aforesaid  is  annexed  unto  the 
west  society  in  Hartford,  and  all  those  tracts  or  parcels  of 
land  within  said  part,  belonging  to  any  of  the  inhabitants  of 
said  Hartford,  be,  and  'hereby  are,  exempted  from  bearing 
any  part  of  the  society  charges  in  the  said  town  of  Farming- 
town,  and  the  same  is  hereby  joyned  and  annexed  unto  the 
west  society  in  Hartford,  to  all  intents  and  purposes,  so  far  as 
concerns  their  society  privileges  and  charges. 

On  the  memorial  of  the  inhabitants  of  the  town  of  Kent, 
by  their  agent  Timothy  Hatcli,  therein  praying,  for  the  reasons 
therein  offered,  that  the  unimproved  lands  in  said  town  may 
be  taxed  for  the  space  of  four  years  next  coming,  &c. :  Re- 
solved by  this  Assembly,  that  the  unimproved  lands  laid  out 
in   the  township  of  Kent  shall  be  taxed  annually,  for  the 


1743.]  OP      CONNECTICUT.  573 

space  of  four  years  next  coming,  at  two  pence  per  acre  old 
tenour  money  annually ;  and  this  Assembly  do  appoini  and 
impower  Mr.  Nathaniel  Berry  of  said  Kent,  to  collect  and 
gather  the  said  suras,  annually,  and  the  same  pay  annually 
unto  the  selectmen  of  said  Kent,  to  he  applied  towards  build- 
ing a  meeting  house  for  divine  worship  and  paying  the  min- 
ister of  said  town  his  salary  :  Always  to  be  understood,  that 
the  college  farm,  the  ministry  land,  and  school  land  in  said 
town,  is  hereby  exempted  from  the  tax  aforesaid. 

On  the  petition  of  Daniel  Bartliolomew,  &c.,  all  of  Har- 
wingtown  in  the  county  of  Hartford,  vs.  Timothy  Waters  of  Leb- 
anon, shewing  that  the  said  Waters  brought  an  action  of  tres- 
pass for  the  sum  of  £80  0.s-.  Od.  money,  to  Hartford  county 
court  in  April  last,  and  recovered  judgment  against  them  at 
said  court  thereon,  and  that  bond  of  prosecution  of  an  appeal 
was  never  entered  by  the  clerk  of  said  court,  and  that  execu- 
tion was  thereon  granted,  as  per  their  petition  on  file  :  Re- 
solved by  this  Assembly,  that  the  petitioners  shall  and  may 
enter  said  action  at  the  superior  court  to  be  held  in  said  Hart- 
ford in  March  next,  on  their  giving  bond  of  prosecution  to  the 
clerk  of  said  county  court,  and  that  execution  on  said  judgment 
shall  be,  and  hereby  is,  made  void,  and  the  whole  cost  follow 
the  final  judgment  in  said  case. 

On  the  memorial  of  John  Crane,  William  Williams,  and 
others  of  the  2d  society  in  Mansfield,  praying  for  a  commit 
tee  to  view  the  circumstances  of  said  society,  and  to  affix  a 
place  for  building  a  meeting  house,  and  that  said  committee 
be  at  the  cost  of  the  memorialists  :  Resolved  by  this  Assembly, 
that  Colo.  Joseph  Pitkin,  Joseph  Buckingham,  Esq'"*,  and  Mr. 
James  Church,  all  of  Hartford,  shall  be  a  committee  to  re- 
pair to  said  second  society  in  Mansfield,  to  view  the  circum- 
stances thereof,  and  to  affix  the  place  for  building  a  meet- 
ing house  in  said  society,  and  that  said  committee  shall  make 
report  of  their  doings  to  the  General  Assembly  in  May  next ; 
and  all  at  the  cost  of  the  memorialists. 

On  the  memorial  of  the  inhabitants  of  the  first  society  of 
Killingiy,  shewing  to  this  Assembly  that  the  General  Assem- 
bly held  at  Hartford,  May,  1742,  appointed  Capt.  Eleazer  Cary, 
Josiah  Conant  and  Experience  Porter,  a  committee  to  repair 
to  said  society  and  view  the  same,  and  that  they  did  repair 
to  said  society,  view  and  heard  the  parties  thereon,  and  did 
affix  a  place  for  said  society  to  build  a  meeting  house  on, 
{viz.')  at  a  certain  stake  set  up  by  them,  marked  K,  and  a 
heap  of  stones  laid  to  it,  on  a  bare  hill,  a  little  more 
than  a  quarter  of  a  mile   southward  of  a  house  wherein  Mr. 


574  PUBLIC      RECORDS  [Oct. 

Nathaniel  Collier  dwells,  which  house  belongs  to  Ephraim 
Waring,  on  the  east  side  of  a  road  in  which  the  inhabitants 
that  dwell  in  the  southeasterly  part  of  said  society  travel  to  the 
old  meeting  house  ;  which  report  was  returned  to  this  Assem- 
bly in  October  last,  and  then  continued  to  the  sessions  of  this 
Assembly  in  May  last,  where  nothing  was  acted  on  the  same  ; 
praying  that  this  Assembly  would  establish  the  same,  and 
order  that  said  society  build  a  meeting  house  thereon^accord- 
ingly  :  Resolved  by  this  Assembly,  that  the  report  aloovesaid 
be  established,  and  the  same  is  hereby  established,  and  that 
said  society  proceed  to  building  a  meeting  house  on  said 
place  by  them  affixed  accordingly. 

[218]  Upon  the  memorial  of  Tbomas  Fitch,  George  Wyl- 
lys,  and  Robert  Walker,  shewing  to  this  Assembly  that  the 
General  Assembly  held  at  New  Haven,  1740,  granted  to  them 
and  their  assigns  the  sole  liberty  of  making  and  converting 
iron  into  steel  within  this  Colony  for  the  space  of  fifteen  years 
then  next  coming,  on  condition  they  should  effect  said  work  in 
two  years  from  that  time,  and  that  the  Reverend  Timothy  Wood- 
bridge,  late  of  Symsbury,  deceased,  was  one  of  their  assigns,  on 
whom  they  principally  depended  for  the  skill  in  preparing  the 
furnace  and  making  the  experiment ;  and  that,  wliile  they 
were  thus  preparing  to  make  the  experiment,  before  the  same 
was  compleated,  said  Mr.  Woodbridge  died,  by  which  their  de- 
sign lias  been  much  retarded ;  and  praying  that  their  grant  may 
be  revived  and  put  in  full  force  for  the  remaining  part  of  said 
fifteen  years,  on  the  same  conditions  said  grant  was  made,  al- 
lowing one  year  longer  to  make  the  experiment :  Resolved 
by  this  Assembly,  that  the  said  grant  shall  be  revived  and  put 
in  full  force  for  the  remaining  part  of  said  fifteen  years,  on  the 
conditions,  restrictions  and  regulations,  that  the  same  was  at 
first  granted ;  and  that  they  are  hereby  allowed  one  year  from 
the  rising  of  this  Assembly,  to  make  the  experiment  in,  under 
the  same  conditions,  restrictions  and  regulations,  as  the  afore- 
said two  years  was  allowed. 

Upon  a  report  of  Messrs.  Jonathan  Huntington,  Roger  Wol- 
cott,  jun.,  and  James  Church,  a  committee  appointed  by  this 
Assembly,  held  at  New  Haven  in  October  last,  to  affix  a  place 
for  a  meeting  house  to  be  built  upon  in  the  2d  society  of  Cov- 
entry, shewing  to  this  Assembly  tiiat  tliey  heard  all  parties 
in  the  premises,  and  have  affixed  a  place  for  said  society  to 
build  upon,  (viz  :^  the  north  side  of  the  country  road,  at  or 
near  the  south  end  of  Mr.  Peter  Duel's  land,  about  fifteen 
rods  south  of  the  center  of  said  society,  where  they  set  a 
stake  and  heap  of  stones,  which  is  to  be  included  within  the 
sills  of  said  house ;  which  report  is  accepted  and   approved 


1743.]  OP      CONNECTICUT.  575 

by  this  Assembly :  and  thereupon,  Resolved  by  this  Assembly, 
tliat  the  place  above  described  shall  be  the  place  to  build  a 
meeting  house  ou  for  said  society,  and  that  said  society  pro- 
ceed to  build  thereon  accordingly. 

On  the  memorial  of  William  Chidester  of  Cornwall,  pray- 
ing for  liberty  to  erect  a  ferry  for  transporting  of  travellers 
&c.  over  Ousatunnuck  River  from  Cornwall  to  Sharon,  near 
tlie  memorialist's  dwelling  house,  and  that  the  fai-e  may  he 
stated:  Resolved  by  this  Assembly,  that  the  memorialist  shall 
and  may  set  up  a  ferry  over  Ousatunnuck  River  from  Cornwall 
to  Sharon,  near  his  dwelling  house,  and  that  the  fare  thereof 
shall  be  as  foUoweth,  (viz:')  for  each  mail,  horse  and  load, 
three  pence,  and  for  each  ox,  cow,  or  horse,  three  pence,  and 
for  each  single  person  one  penny,  and  one  half-penny  for 
each  sheep  or  swine,  all  in  lawful  money,  and  no  more  ;  and 
that  said  ferry  shall  be  subject  to  the  same  regulations  as 
other  ferries  by  law  are. 

Whereas  Doct''  William  Douglass  of  Boston,  out  of  a  gen- 
erous regard  to  the  good  of  the  country,  has,  with  consid- 
erable pains  and  expence,  prepared  a  Map  of  New  England, 
which  he  intends  to  publish,  and  the  greater  part  of  it  is  al- 
ready compleated  :  but  that  part  of  it  which  is  Connecticut  is 
yet  defective  and  imperfect ;  and  he  hath  sent  that  part  of  it 
here,  desiring  some  assistance  for  the  correcting  and  perfect- 
ing of  it:  Ordered  by  this  Assembly,  that  the  present  Depu- 
ties of  the  several  towns,  by  themselves  or  such  other  meet 
person  or  persons  as  they  shall  desire  or  appoint,  be  hereby 
desired  and  directed  to  inspect  the  patents,  perambulations, 
or  other  surveys  which  have  been  taken  of  their  respective 
towns,  and  from  thence  draw  a  plan  of  their  town,  mention- 
ing the  course  and  distance  of  each  line,  so  far  as  they  can 
easily  come  at  them,  and  in  what  manner  the  adjacent  towns 
bound  upon  them,  together  with  the  principal  rivers  or  other 
remarkable  things  in  the  said  town,  and  bring  or  send  such 
plans  to  this  Assembly  in  May  next ;  and  no  cost  or  charge 
hereby  to  be  brought  on  the  government. 

[219]  Upon  the  memorial  of  Capt.  Pelatiah  Mills,  of  the 
parish  of  Wintonbury,  to  this  Assembly  in  May  last,  shewing 
that  one  Edward  Pierce,  formerly  of  Symsbury,  dyed  seized 
and  possessed  of  about  twenty-five  acres  of  land  lying  in  said 
Symsbury  near  the  limits  of  the  parish  of  Wintonbury,  and 
that  said  Pierce  dyed  leaving  no  heirs  that  can  by  law  inherit 
said  estate,  whereby  the  same  is  escheated  to  this  Colony  ;  and 
thereupon  praying  that  this  Assembly  would  grant  the  same  to 
the  inhabitants  of  Wintonbury,  to  be  improved  for  the  use  of 


576  PUBLIC      RECORDS  [Oct. 

the  school  in  said  society :  Whereupon  it  is  resolved  by  this 
Assembly,  that  the  aforesaid  lands  shall  belong  to  the  inhabit- 
ants of  said  Wintonbury,  and  that  the  same  shall  be  and  re- 
main for  the  use  of  the  school  in  said  society  forever. 

Upon  the  memorial  of  the  inhabitants  of  the  town  of  He- 
bron, shewing  to  this  Assembly  the  great  difficulty  that  they 
are  under,  by  reason  of  the  smallness  of  their  meeting  house, 
and  also  on  the  account  of  their  misunderstanding,  whether  it 
be  best  for  them  to  be  divided  into  two  or  more  societies  or  to 
be  kept  in  one,  as  per  petition  appears;  praying  for  help  from 
tbis  Assembly:  Whereupon  it  is  resolved,  that  Mr.  Elishu 
Williams,  Colo.  John  Chester  and  Colo.  Joseph  Pitkin,  be  a 
committee,  and  that  they,  at  the  cost  of  said  town,  repair  to 
said  town  and  hear  all  parties  on  the  matters  of  difficulty  set 
forth  in  said  memorial,  and  view  their  circumstances,  and  de- 
termine whether  they  shall  be  divided  into  two  or  more  socie- 
ties, and  if  they  shall  determine  that  it  is  best  to  divide  them 
into  two  or  more  societies,  then  to  draw  the  line  or  lines  proper 
for  that  purpose,  and  to  appoint  and  fix  a  place  for  a  meeting 
house  in  each  society;  and  if  said  committee  shall  think  it 
best  for  the  town  to  keep  altogether  in  one  society,  then  to  ap- 
point a  place  to  build  a  meeting  house  for  said  town.  And 
the  said  committee  are  to  make  report  to  this  Assembly  in 
May  next,  for  confirmation,  as  prayed  for. 

On  the  memorial  of  Jacob  Griswould  of  Litchfield,  praying 
for  liberty  of  having  two  hundred  and  fifty  pounds  in  bills  of 
credit  of  the  old  tenour  for  the  space  of  three  years  next  com- 
ing, interest  free :  Resolved  by  this  Assembly,  that  the  memo- 
rialist shall  and  may  have  the  sum  of  two  hundred  and  fifty 
pounds  in  bills  of  credit  of  the  old  tenour  for  the  space  of 
three  years  next  coming  without  paying  interest  therefor,  upon 
said  Griswould's  giving  security  for  repayment  of  said  sum  at 
the  expiration  of  said  three  years.  And  Colo.  Nathaniel 
Stanly  and  John  Marsh,  Esq'-s,  both  of  Hartford,  are  appointed 
a  committee  to  take  security  for  repayment  of  said  sums  of 
said  Jacob  Griswould  to  the  Governor  and  Company  of  said 
Colony,  and  give  said  Griswould  an  order  on  the  Treasurer  of 
said  Colony  for  receiving  the  same. 

An  Act  for  advancing  the  Fare  of  the  Ferry  over  Con- 
necticut River,  called  Chapman's  Ferry. 

Resolved  hy  this  Assembly,  That  tbe  fare  of  said  ferry,  for 
the  future,  shall  be  two  pence  half-penny  for  each  man,  horse 
and  load,  and  two  pence  for  each  horse,  ox  or  any  neat  cattle, 
and  one  penny  for  a  single  person,  all  in  lawful  money,  and 
no  more ;  any  law,  usage  or  custom  to  the  contrary  notwith- 
standing. 


1743.]  OP      CONNECTICUT.  577 

An  Act  for  advancing  the  Fare  of  Stratford  Ferry. 

Resolved  by  this  Assembly^  That  for  the  future  the  fare  of 
the  ferry  at  Stratford,  for  man,  liorse  and  load,  and  also  for  a 
single  horse,  cow  or  ox,  or  other  neat  cattle,  shall  be  two 
pence  lawful  money;  and  one  penny,  like  money,  for  each 
single  person. 

On  the  memorial  of  Ephraini.Andruss  of  New  Hartford, 
praying  for  relief  under  the  heavy  burthen  of  cost  occasioned 
by  an  abuse  offered  said  Andruss's  wife:  Resolved  by  this  As- 
sembly, that  said  Andruss  may  and  shall  have  thirty  pounds 
in  bills  of  credit  of  the  old  tenour  paid  out  of  the  Colony 
treasury;  and  said  Treasurer  is  hereby  directed  to  pay  the 
same  accoi'dingly. 

This  Assembly  grants  a  rate  of  two  pence  old  tenour,  to  be 
levyed  and  raised  on  each  pound  on  all  the  polls  and  rateable 
estate  sent  in  to  this  Assembly,  for  the  defraying  of  the  inci- 
dent charges  of  this  Colony. 

This  Assembly  do  establish  and  confirm  Mr.  Caleb  Hall, 
jun.,  to  be  Ensign  of  the  2d  company  or  trainband  in  the  town 
of  Wallingford,  and  order  that  he  be  commissioned  accord- 
ingly. 

[220]  This  Assembly  do  establish  and  confirm  Mr.  Sanuiel 
Peck  to  'be  Ensign  of  the  1st  company  or  trainband  in  the 
town  of  Wallingford,  and  order  that  he  be  commissioned  ac- 
cordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Dudley  Wood- 
bridge  to  be  Captain  of  the  1st  company  or  trainband  in  the 
town  of  Symsbury,  and  order  that  he  be  commissioned  accord- 
ingly. 

This  Assembly  do  establish  and  confirm  Mr.  Lemuel  Roberts 
to  be  Lieutenant  of  the  1st  company  or  trainband  in  the  town 
of  Symsbury,  and  order  that  he  be  commissioned  accordingly. 

This  Assembly  do  establish  and  confirm  Mr.  Joseph  Hors- 
kins  to  be  Ensign  of  the  first  company  or  trainband  in  the 
town  of  Symsbury,  and  order  that  he  be  commissioned  accord- 
ingly. 

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

This  Assembly  do  establish  and  confirm  Mr.  John  Hutchin- 
son to  be  Ensign  of  the  company  or  trainband  in  the  town  of 
Salisbury,  and  order  that  he  be  commissioned  accordingly. 

Ordered  by  this  Assembly,  That  the  Treasurer  of  this  Colony 
shall,  and  he  is  hereby  directed  to  pay  to  the  Agents  of  this 


578  PUBLIC      RECORDS  [Oct. 

Colony  in  the  controversy  between  the  Governor  and  Company 
and  the  Mohegan  Indians,  for  their  time  and  service  in  said 
affair,  the  I'ollowing  sums,  in  bills  of  credit  of  the  old  tenour, 
Qviz:} 

To  James  Wadsworth,  Esq-",    £96     Is.     6d. 
To  Thomas  Fitch,  Esqr,  144     3     11 

To  Jno.  Bulkley,  Esqs  .  85     4       9 

To  Major  Jos.  Fowler,  63  15       0 

This  Assembly  being  informed  that  an  appeal  is  entered  in 
the  cause  or  controversy  between  the  Governor  and  Company 
and  the  Moheag  Indians :  Whereupon  this  Assembly  do  desire 
and  impower  his  Honour,  Jonathan  Law*,  Esqf,  as  soon  as 
may  be,  to  send  unto  our  Agent  in  London,  Eliakim  Palmer, 
Esq"",  all  the  papers  and  writings  relating  to  that  affair,  with 
proper  directions  and  instructions,  that  so  that  controversy 
may  be  brought  to  a  good  conclusion. 

This  Assembly  grants  unto  Mr.  Agent  Palmer,  Esq"",  of  Lon- 
don, the  sum  of  two  hundred  and  fifty  pounds  in  bills  of 
credit  of  the  old  tenour,  for  his  salary  for  the  year  past;  and 
■  his  Honour  the  Governor  is  hereby  desired  to  draw  an  order 
on  the  Treasurer  of  this  Colony  for  payment  thereof,  and  cause 
the  same  to  be  deposited  in  the  hands  of  some  proper  person, 
in  order  to  its  being  sent  to  Boston,  to  be  there  disposed  of 
according  to  said  agent's  order. 

Resolved  hy  this  Assembly^  That  the  constables  of  each  town 
in  this  Colony  sliall  have  allowed  out  of  the  Colony  treasury, 
for  their  travel  to  make  up  accounts  with  the  Treasurer,  for 
tlie  future,  two  pence  per  mile  in  lawful  money,  or  an  equiva- 
lency in  bills  of  credit  of  the  old  tenour. 

An  Act  for  reviving  and  continuing  an  Act  entitulecl 
An  Act  for  the  better  regulating  Tryals 
on  Writs  of  Error. 
Whereas  the  time  limited  for  the  continuation  of  said  act  is 
expired: 

Resolved  hy  this  Assembly,  That  said  act  be  revived,  and  it 
is  hereby  revived,  and  to  continue  of  force  until  this  Assembly 
shall  order  otherwise. 

Whereas  the  honourable  the  judges  of  the  superior  court 
have  informed  this  Assembly  that  one  Barney,  a  negro  servant 
to  Jonathan  AUyn  of  Midletown,  was  indicted  by  the  grand 
jury  in  Hartford  county,  before  said  superior  court  in  Septem- 
ber last,  for  that  he,  said  Barney,  did  feloniously  mayhem  the 
body  of  one  Thomas  Allyn,  a  minor  son  to  the  said  Jonathan 
Allyn,  by  cutting  out  the  testicles  of  the  said  Thomas,  and 
that  he,  the  said  Barney,  pleaded  guilty  to  said  indictment; 


1743.]  PUBLIC      RECORDS  579 

and  praying  the  direction  of  tliis  Assembly,  what  pnnishment 
[221]  sliall  be  ||  inflicted  on  the  said  Barney,  there  being  no 
special  provision  in  any  law  of  this  Colony  for  the  punishment 
of  such  crimes: 

Be  it  enacted  hy  the  Crovcrnor^  Council  and  Representatives^ 
in  G-eneral  Court  assembled,  and  hy  tlie  author iiy  of  the  same. 
That  the  judges  of  said  superior  court  proceed,  and  they  are 
hereby  directed  to  proceed  and  cause  such  punishment  to  be 
inflicted  on  the  said  Barney  as  to  justice  appertains,  according 
to  their  best  skill  and  judgment.  And  the  chief  judge  of  said 
superior  court  is  hereby  authorized  and  impowered  to  call  the 
said  judges  of  said  court,  or  so  many  of  them  as  shall  be  need- 
ful to  make  a  quorum,  specially  to  meet  at  Hartford  for  the 
purpose  aforesaid,  at  such  time  as  he  shall  think  best.* 

Resolved  hy  this  Assemhly,  That  his  Honour  the  Governor 
be  desired,  and  he  is  hereby  desired,  to  give  order  to  Mr. 
Agent  Palmer  to  make  use  of  the  money  belonging  to  this 
Colony,  which  he  shall  receive  of  the  executors  of  Francis 
Wilks,  Esqr,  for  the  Colony's  service,  as  occasion  shall  re- 
quire. 

This  Assembly  grants  to  the  Honourable  Jonathan  Law, 
Esq"",  Governor,  for  his  last  half  years  salary  for  the  present 
year,  the  sum  of  seventy  pounds  new  tcnour. 

This  Assembly  grants  to  the  Honourable  Roger  Wolcott, 
Esq%  Deputy  Governor,  for  his  last  half  years  salary  for  the 
present  year,  the  sum  of  thirty-five  pounds  new  tenour. 

This  Assembly  grants  unto  Mr.  Timothy  Green,  printer,  for 
his  last  half  years  salary,  the  sum  of  fifteen  pounds  new  ten- 
our bills,  and  that  an  order  be  given  to  the  Treasurer  to  pay 
the  same. 

This  Assembly  do  appoint  Joseph  Whiting,  Esqi",  Roger  New- 
ton, Esq"",  Mr.  John  Hitchcock,  Capt.  Jonathan  Allyn,  Capt. 
John  Riggs,  Capt.  John  Fowler,  and  Mr.  Robert  Treat,  a  com- 
mittee to  attend  his  Honour  the  Governor,  to  hear  tlie  records 
of  the  acts  and  doings  of  this  Assembly  read  off,  and  see  them 
signed  by  the  Secretary  as  compleat. 

*Tl)e  sentence  of  the  sunerior  court,  Nov.  15,  1743,  was,  "  That,  on  the  16th  day 
of  November  instant,  he  shall  be  carried  to  the  gallows  and  there,  with  a  rope  about 
his  neck,  set  on  the  gallows  for  the  spice  of  one  hour,  and  frona  thence  be  returned 
to  the  whipping-post  in  this  place,  and  there  be  whipt  on  his  naked  body  to  the  num- 
ber of  thirty-nine  lashes,  and  be  branded  on  the  forehead  with  the  letter  G  on  a  hot 
iron,  and  thence  be  carried  back  to  the  common  goal,  whence  being  taken  on  the 
expiration  of  twenty-eight  days  he  shall  be  again  publickly  whipt  on  the  naked 
body  with  the  number  of  stripes  abovesaid,  after  which  he  shall  be  further  commit- 
ted to  said  goal,  and  there  be  in  safe  custody  until  twenty-eight  days  more  shall  bo 
elapsed,  at  the  expiration  whereof  he,  the  said  Barney,  shall  be  further  punished  by 
castration  and  having  both  his  testicles  cut  out,  and  then  be  from  said  goal  dis- 
charged."    Recoi-ds  Suj)erior  Court. 


680 


RECORDS      OP      CONNECTICUT. 


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


CORRIGENDUM. 

Page  323,  line  9  from  bottom,  for  Pomfret  read  Canterbury. 
retary  Wyllys'  pen. 


It  was  a  slip  of  Sec- 


INDEX. 


Abatement,  pleading  in,  before  assistants 
and  justices,  34. 

Abbee,  John,  475:  Richard,  40,  67; 

committee,  12,  65,  99,  108;  deputy  for 
Windham,  78 ;  justice,  30,  82 ;  dead,  147. 

Abbott,  Jonathan,  may  practice  physic, 

110:  Philip,  ensign,  82;  lieutenant, 

229. 

Absent  or  absconding  debtors,  debts  how 
collected  from,  168. 

Ackley,  Elijah,  495 :  Samuel,  410. 

Adam's,  Rev.  Eliphalet,  509:  Joseph, 

549;  deputy  for  Canterbury,  2,  27,  53, 
79, 156,  188,  221,  415,  445,  486,  611,  551; 

justice,  30,  82,  159,  225,  289 :  Py- 

gan,  ensign,  162;  lieutenant,  236:  

Samuel,  483 :  Thomas,  77. 

Agent  in  England,  see  Palmer,  EUakim; 
Wilks,  Francis. 

Aldridge,  Edwai'd,  496. 

Allen,  Edward,  lieutenant,  508:  Gid- 
eon, 104:  Jeremiah,  283 :  Rev. 

Timothy,  500. 

Ailing,  Daniel,  captain,  11 : Jonathan, 

47,  61,  231,  238,  449;  deputy  for  New 
Haven,  2,  26,  52,  78,  119,  188,  414,  445, 
486,  511,  551. 

Allyn,  Amos,  cornet,  419:  Caleb,  en- 
sign, 547:  Ebenezer,  ensign,  369: 

Henry.  12,  30,  75,  96,  266,  303,  472, 

483;  deputy  for  Windsor,  2,  27,  63,  79, 
119,  155,  222,  268,  286,  323,  329,  355, 
414,445,486,562;    justice    29,  81,  168, 

224,  288,  367,  447,  5i4;  major,  441:  

Jonathan,   680;  ensign,  88;    lieutenant, 

493 :  Matthew,  207,  214,  263,  266, 

315:   Robert,   24,  219;   ensign,  3; 

captain,  260:    Samuel,  220:   

Thomas,  680. 

Amity,  in  New  Haven  and  Milford,  parish 
foi-med,  201 ;  meeting-house  in,  213,  238 ; 
may  embody  as  a  church,  489;  military 
company  in,  499. 

Anderson,  John,  75,  246. 

Andrew,  Ezra,  541. 

Andrews,  Daniel,  333 : Elisha,  ensign, 

370;  lieutenant,  490. 

Andnis,  Ephraim,  577 :  Samuel,  531 : 

Thomas  and  Mary,  481:  Tim- 
othy and  Elizabeth,  540. 

Appeals  regulated,  in  suits  on  bills,  55,  in 
small  causes,  89,  168,  in  actions  against 


sheriffs  and  constables,  505;  Avrits  of  er- 
ror, 193,  578. 

Armstrong,  Abner  and  Abial,  549. 

Arnold,  Ebenezer,  406:  Joseph,  lieu- 
tenant,  4: Nathaniel,    145:    

Robert,  ensign,  163;  lieutenant,  330. 

Ashford,  bounds  of,  45. 

Ashley,  John,  348,  411. 

Atche'toset,  Indian,  becomes  Christian,  372. 

Attorneys,  sheriffs  nor  constables  may  ap- 
pear as,  459 ;  for  non-residents  regulated, 
168;  exempt  from  military  service,  379. 

Atwater,  Caleb,  273:  Jonathan,  523: 

.Joshua,  213,  239,  261,  273;  lieuten- 
ant, 203 ;  captain,  417 :  Samuel  and 

Tabitha,  522. 

Auditors  of  treasurer's  accounts  appointed, 
30,  85,  92,  173,  229,  289,  372,  453,  515. 

Austin,  John,  111,  150,  210,  264,  289,  310, 
441. 

Avery,  Christopher,  242, 247,  262,  272,  275, 
377,412;  captain,  3;  lieutenant-colonel, 
280:  deputy  for  Groton,  27, 166,  221,  259, 
329,  355,  364,  445,  486,  611;  justice,  30, 

81,  159,  224,  288,  367,  448,  514,  572 : 

Ebenezer,  244,348;  deputy  for  Groton, 
155,  188,  416;  colonel,  280;  ensign,  369: 

Edward,  207 :  Humphrey,  151, 

295,  489;  deputy  for  Groton,  188,  285, 
323,  364.  551;  justice,  28,  81,  159,  224, 
288,  368,  448,  614 : James,  411 ;  dep- 
uty for  Groton,  52,  119 ;  justice,  30,  159, 

224,288,368;  lieutenant,  195:  .John, 

deputy  for  Preston,  552 ;  lieutenant,  227 ; 

captain.  372:  Nathaniel,  208:  

Samuel,  473. 

Ayers,  Joseph,  303 :  Timothy,  ensign, 

160 ;  lieutenant,  452. 

Babcock,  James   and  Joshua,   315:   

Nathaniel,  ensign,  290. 
Backus,  Joseph,  39,  47,  176,  253;  justice, 

29,  81,  159,  224,  288:  Josiah,  94: 

Samuel,  253,  263,  305 ;  deputy  for 

Norwich,  188,  268,  329. 
Bacon,    Henry,    ensign,   487;    lieutenant, 

544:  John,  470. 

Bailey,  David  and  Jonathan,  541. 

Baker,  John,  233;   lieutenant,   163,  568; 

captain,  341 ;  ensign,  419 :  Samuel, 

436. 
Baldwin,  Barnabas,  154,  201,  489;  ensign, 


582 


264;  lieutenant,  342 : Caleb,  ensign, 

343:  Daniel,  470:  David,  lieu- 
tenant, 53 :  James,  344 :  John, 

145,  531:  Moses,  ensign,  419:  

Nathan,  25,  175;  auditor, '85;  captain, 
16,  229;  deputy  for  Milford,  1,  26,  52,  78, 

156:  Nathaniel,  22:  Samuel, 

201 :  Stephen,  212 :  Theophi- 

lus.  captain,  189;  deputy  for  New  Mil- 
ford,  2,  27,  52,  258,  330,  356,  414,  for 
Stonington,  2,  26,  52,  79;  justice,  30.  81, 

159, 224, 288, 368, 448, 515 :' Thomas, 

lieutenant,  452:  Timothy,  ensign, 

226. 

B.annister,  John,  149. 

Barker,  Joseph,  524. 

Barlow,  Samuel  and  Sai'ah,  9. 

Barnes,  Benjamin,  144 : Ebenezer,  499 ; 

ensign,  129;  captain,  449:  Samuel, 

captain,  451. 

Bartliolomew,  Daniel,  573. 

Bartlett,  Abraham,  lieutenant,  369:  

.Tohti,     124,    142;     captain,    121:     

Joseph,  ensign,  163:  Josiah,  ensign, 

332 ;  lieutenant,  450. 

Bassett,  Abraham,  ensign,  451 :  John, 

quarter-master,  162;  comet,  225;  

Jonadab,  lieutenant,  547:  Samuel, 

177,  195,  437;  deputy  for  Derby,  2,  27, 
53,  119,  156,  189,  221,  258,  285,  323.  414, 
511;  justice,  224,  288,  367,  448,  514. 

Bate.  James  and  Samuel,  146 :  John, 

310. 

Bates,  Jonathan,  deputy  for  Stamford,  2, 
511;  ensign,  557. 

Baxter,  William,  470. 

Bayard.  Stephen,  354. 

Beach,  Ebenezer,  312,  334,  435:  Elna- 

than,  lieutenant,  342 ;  captain,  418 :  

John,  494;  captain,  548;  jn-itice,  490, 
514:  Josiah,  ensign,  163;  lieuten- 
ant, 370. 

Beadle,  Nathaniel,  ensign,  417. 

Beai-dsley,  Nathan,  204. 

Beckwith,  Job,  539:   John,  ensign, 

120 :  Thomas,  ensign,  328. 

Bedlake,  Benjamin,  247,  405,  475 ;  deputy 
for  Windham,  285,  323;  justice,  225, 289. 

Beebe,  James,  241,  306;  deputy  for  Dan- 
bury,  2,  26,  53,  119,  188,  221",  258,285. 
323i  329,  355,  364,  414,  444,  486,  511,  551  ■ 
justice,  30,  82,  159,  225,  289,  368,  448, 

515:  John,  306:  Samuel,  560; 

lieutenant,  120,  577 :' William,  en- 
sign, 554. 

Beecher,  Ebenezer,  153,  201.213,238,  499; 

lieutenant,  11;  captain,  342:  Elea- 

zer,  493. 

Beers,  James,  ensign,  371:  Josiah, 

126. 

Belden,  Ebenezer,  ensign, 450 : Gideon 

and  Elizabeth,   8:   John,  auditor, 

372;    deputy  for    Norwalk,   364:    

Jonathan,  captain,  450 :  Samuel,  8 ; 

ensign,  333. 

Bell,  Jonathan,  63;  ensign,  121;  lieuten- 
ant, 557. 

Bellamj',  .John,  23,  271 : Matthew,  14. 

Bellows,  Samuel,  562. 


Benedict,   Daniel,   68:   ensign,   555:   

James,  deputy  for  Ridgefield.  285,  323, 
356,  365,  414,  445,486,  511,552;  justice, 

30,  82,  159,  225,  289,  368,  448,  515:  

John,  deputy  for  Danbury,  156, 258 ;  lieu- 
tenant, 191;  captain,  371:  Samuel, 

239 :  Thomas.  176,  241 ;  deputy  for 

Danbury,  26,  53,  78,  119,  156,  221,'285, 
323,  329,  355,  364,  444,  486,  511,  551,  for 
Norwalk,  78,  329.  356;  justice,  159,  225, 
289,  368,  448,  515;  lieutenant,  225. 

Bennett,  John,  116:  Joseph,  270: 

Nathan,    ensign,  343;   lieutenant,    449: 

Thomas,  justice,  30,  82,  159 :  

William,  471. 

Berry,  Nathaniel,  199,  548,  573;  ensign, 
294. 

Bethlehem,  made  a  society,  265 ;  meeting- 
house, 310,  424;  some  of  Litchfield  set 
to,  409;  ecclesiastical  tax,  425,  539. 

Betts,  John,  auditor,  229;  deputy  for  Nor- 
walk, 53,  221,  364,  415,  445,  511 ;  justice, 

448,    515:    Jonathan,   deputy   for 

Stamford,  551:  Nathan,  307:  

Samuel,  lieutenant,  192. 

Beyin,  John  and  William,  541. 

Bicknall,  James,  deputy  for  Ashford,  189, 

221,  285,  323,  365:  Peter,  deputy 

for  Ashford,  330,  356:  Zechariah, 

captain,  84;  deputy  for  Ashford,  119. 

Bidwell,  Moses,  543 :  Koger,  548. 

Bigelow,  John,  lieutenant,  54. 

Bill,  Richard.  468. 

Billings,  Increase,  175 ;  deputy  for  Stoning- 
ton, 120,  156,  329,  355.  445;  ensign,  120; 

justice,  159,  224.  288,368,448: To- 

seph,  deputy  for  Preston,  285,  323,  330, 
356,  365;  ensign,  409;  justice,  268. 

Bills,  appeals  in  siiits  on,  55. 

Bills  of  credit,  counterfeited,  6;  6ounter- 
feit  how  proceeded  with.  281;  emitted 
on  private  fund  prohibited,  14,  352,  392 ; 
issued.  17,  50,  51,  72,  116,  117,  174.  255, 
295,  318,  327;  not  to  be  divided,  34, 133; 
form  of,  319,  359;  to  be  exchanged,  76, 
87, 175, 217,  230, 264, 360,  372 ;  destroyed, 
229;  account  of  issues  of,  prepared,  264, 
289,  357 ;  loaned,  252,  320,  463,  464,  466, 
519,576;  collection,  &c..  of  loans,  389, 
442,  463,  519;  letter  to  Board  of  Trade 
concernin':;,  357;  not  legal  tender,  359. 

Bingham,  Samuel,  lieutenant,  32;  captain, 
371. 

Birchard,  .John,  262. 

Bird,  John,  deputy  for  Litchfield,  330,  511: 

Jonathan,  ensign  228: Joseph, 

336;  captain,  53;  deputy  for  Litchfield, 
285,  356,  551 ;  justice,  29,  81,  158,  224, 
288,  367,  447. 

Birge,  Daniel  and  Rebecca,  198. 

Bishop,  Caleb,  Ebenezer  and  Lydia,  493 : 

Daniel,  ensign,  547 : Samuel, 

captain,  84;  justice,  29,  81,  158,  224, 
288,  367,  448,  514. 

Bissell.  Daniel,  captain,  371;  deputy  for 

Windsor,  364,  486,  511 :  Isaac"  402: 

John,  43,  62,  97, 199;  captain,  191; 

justice,  81,  158,  224,  288,  447,  514. 

Bl'achly,   Benjamin,  lieutenant,  84:  


583 


Thomas,  captain,  292:  Tilly,  en- 
sign, 488. 

Blackleach,  Joseph,  426,483.  521;  deputy 
for  Stratford,  2,  53,  78,  155,  188,  329, 
356,  415,  486,  511,  552;  justice,  82,  159, 
225,  289,  368,  448,  515';  lieutenant,  84; 
captain,  342:  Richard,  204. 

Blague,  Joseph,  315;  justice,  30,  81,  159, 
224,  288,  867,  448. 

Blakely,  Isaac,  144:  Moses,  265. 

Blakeney,  Col.,  governor  to  congratulate, 
326. 

Bland,  Col.,  his  military  tactics  adopted, 
568. 

Bliss,  John,  21,  116:  Nathaniel,  535: 

Samuel,  347. 

Bloggett,  William,  407. 

Blunt,  Ambrose,  350. 

Board  of  Trade,  letters  received  from,  21, 
356,  letter  sent  to,  357 ;  report  in  favor  of 
new  trial  m  Mohegan  case,  362. 

Boarilman,   Benjamin,  498:   Daniel, 

480:    John,    149,   204,    401:    

Kichard,  lieutenant,  33. 

Bonds  and  bills,  suits  brought  on,  16,  55. 

Booge,  James,  495. 

Booth,  Joseph,  196;  deputy  for  Stratford, 
221,  445. 

Borden,  William,  507,  536. 

BostAvick,  Ebenezer,  533 ;  lieutenant,  553: 

John,  46,  309,  349,  350,  397.  401, 

479;  deputv  for  New  Milford,  27,  52,  78, 
119,  189,  221,  258,  285,  323,  3  30,  356; 

justice,  29,  81,  159,  224,  288,  367:  

Joseph,  lieutenant,   189;   captain,   553: 

Nathaniel,   476;    deputy  for  New 

Milford,  156,  364.  445,  486;  justice,  448, 
514;  captain,  553. 

Bosworth,  Nathaniel,  315,  397. 

Boughton,    Matthew,    ensign,   259:    

Samuel,  ensign,  84;  lieutenant,  228; 
captain,  259. 

Bours,  Peter,  263. 

Brace,  Henry,  lieutenant,  564. 

Bradford,  James,  ensign,  3 ;  lieutenant,  227. 

Bradley,   Amos,    251:   Daniel,   251; 

ensign,  545. 

Brainerd,  Bezaleel  and  Daniel,  410:  

Gideon,  ensign,  4:  Hezekiah,  176; 

deputv  for  Haddam,  53,  119,  156,  189, 
286,  323,  364,  415,  486,511,  552;  justice, 

158,  224,  288,  367,  447,  514:  James, 

deputy  for  Haddam,  27,  79:  Josiah, 

411 :  -^ Noadiah,  deputy  for  East  Had- 
dam, 486,  511,  551. 

Brand-marks  for  cattle,  &c.,  15,  266,  267, 
306,  310,  427,  460,  522. 

Branders,  towns  may  choose  six,  194;  fees 
of,  169. 

Branford,  meeting-house  in,  198;  winter 
privileges  granted  northern  inhabitants, 
145 ;  new  society  asked  for  in  north  pai-t 
of,  531,  556. 

Brayman,  James  and  Elizabeth,  402.  476: 
— —  Nathaniel  and  Mehetabel,  128. 

Breck,  Robert,  100. 

Breed,  Gershom,  ensign,  554:  John, 

captain,  31;  deputy  for  Stonington,  2, 
365:  Joseph,  ensign,  261. 


Brewster,  Benjamin,  535 :  .Tolm,  cap- 
tain, 160:  Jonathan,  lieutentmt,  54: 

Joseph,  lieutenant,  3:  Oliver, 

99. 

Bridges:  in  Cnnterbury,  304.  Derby,  437, 
Killingly,  471,  New  Haven,  139,  New 
Milford,  49,  405,  479,  Norwich,  153, 
Symsbury,  125. 

Briggs,  Daniel,  captain,  164. 

Brigham,  Elnathan,  115;  deputy  for  Mans- 
field, 26:  Nathan,  100.  ' 

Brinsmead,  Daniel,  cornet,  161 ;  lieutenar:t, 
330. 

Bristol,  Aaron  and  Eliphalet,  394. 

Brockway,  John,  lieutenant,  190. 

Brooker, 'Abraham,  305. 

Brooks,  Abraham,  ensign,  416 : Henry, 

179 :  Thomas,  deputy  for  Haddam, 

486,  511. 

Brown,    Daniel,  lieutenant,   31;    captain, 

261:    Deliverance,    lieutenant,   3; 

captain,   227;    deputy   for   Canterbury, 

119,  221,  258:  Ebenezer,  99,  338: 

Gershom,  184,  217:  John,  59, 

148,149;  deputy  for  Preston,  2 ;  justice, 

30:   Na:ha'niel,  411;  captain,  449; 

ceputy  for  Preston,  222,  259,  415,  445, 
552;  justice,  515:  Samuel,  213,  239. 

Brunson,  John,  lieutenant,  292: Rich- 
ard, lieutenant,  192;  captain,  332;  dep- 
uty for  Woodbury,  329,  356 :  Roger, 

479;  justice,  29,' 81,  159.  224,  288,367, 
448,  514: Samuel,  401. 

Brush,  John,  v.  Lyon,  107,  152,  176,  208, 
348,  398:  Stephen,  303. 

Buckingham,  Joseph,  51,  118,  293,  465, 
478,  495,  515,  524,  536,  558,  573 ;  auditor, 
92,  173,  289,  deputv  for  Hartford,  1,  26, 
78, 119,  155,  188,  221,  285,  322,  329,  355, 
414,  444,  486,  510,551;  justice,  288,  367, 
447,513;  probate  judge,  441,  447,  514: 

Samuel,    lieutenant,   85;   captain, 

362;  ensign,  369. 

Buel,  David,  160;  deputy  for  Killingworth, 
1,  27,  156,  221,  259;  justice,  30,  81,  159, 

224,  288,  367;  major,  2S0:  .John, 

304;  deputy  for  Litchfield,  330,  356,  364; 
justice,  29,   81,  158,  224,  288,  367,  447, 

*514: Nathaniel,  436:  Peter,  67, 

574;  deputv  for  Coventry,  1,  52,  188, 
285,   323,   329,  414,   445, '486;    justice, 

30,  82,  159,  225,  289,  368,  449,  515:  

Samuel,  ensign,  121,  450 :  Timothy, 

captain,  487:  William,  ensign,  33; 

lieutenant,  292;  deputy  for  Hebron,  551. 

Bulkley,  Charles,  399;  captain,  430:  

John,  173;  deputy  for  Colchester,  2,  27, 
53,  78,  119,  156,  189,  258,  285,  323  330, 
356,  364.  415,  444,  486,  510;  clerk  of  the 
lower  house,  27;  in  nomination,  5,  58, 
122,  195,  264,  340,  420,  490,  552 ;  elected, 
512;  in  court,  551;  on  committees,  12, 
61,  68,  95,  108,  113,  115,  124,  147,  254, 
344,  404,  504;  captain,  34;  colonel,  281; 
justice,  29,  81,  158,  224,  288,367,  447; 
judge  of  probate  court,  441,  447,  514; 
agent  in  the  Moliegan  case,  165,  237,  462, 
507,  520,  578;  to  revise  laws,  505. 

Bundy,  Nathaniel,  74,  116. 


584 


NDEX. 


Bunnell,  Israel,  lieutenant,  148. 

Burnapp,  Isaac,  247,405;  ensign,  32;  dep- 
uty for  Windham,  155. 

Buriiliam,  Jonatlian,  42,  43,  178:  Mo- 
ses, 204:  Richard,  lieutenant,  191. 

Burr,  Andrew,  44,  93,  543,  568;  deputy  for 
Fairfield,  26,  78,  155,  188,  221,  258,"  285, 
322,  329,  355,  364,  414,  445,  486,  511,  551 ; 
clerk  of  the  lower  house,  189,  286,  323: 
speaker,  415,  445,  487,  511,  552;  com- 
mittee, 112,  127,  165,  172,  173,  178,  200, 
213,  313,  321,  325,  351,  393,467,  468;  in 
nomination,  5,  58,  122,  195,  340,  420,  552; 

major,  279;  commissary,  324,  354:  

Elizabeth,  149, 204 : ^  Isaac  and  Mary, 

23:    John,   136.  173,   283,  313;    in 

nomination,  5,  58,  122,  195,  264,  490; 
chosen  assistant,  28,  80,  157,  222;  in 
court,  1,  26,  52,  78,  118^  155,  188,  221, 
258, 284 ;  deputy  for  Fairfield,  119 ;  colo- 
nel, 279;  justice,  289,  368,  448,  515; 
judge,  county  court,  28,  80,  157,  223, 287, 
366,  446,  613,  probate  court,  29,  80,  158, 

223,  287,  366,  447,  513:  Peter,  62: 

Samuel,  270;  auditor,  453;  deputy 

for  Fairfield,  258,  364,  414,  445,  486,  511, 

551;  justice,  225,  289,  368:   Seth 

Samuel,  §3,   66,   94,  97;   captain,   195: 

Stephen,    lieutenant,    260:     

Thaddeus,  321. 

Burritt,  Epln-aim,  ensign,  54. 

Bush,  Amaziah,  496 : .Justus,  149, 560. 

Bushnell,  Benajah,  112,  115,  124,  146,  284, 
347;  deputy  for  Norwich,   26;   justice, 

'30,  81:  Daniel,  ensign,  291:  

Francis,  lieutenant,   545: Joshua, 

176, 186;  deputy  for  Saybrook,  156,  189; 
lieutenant,  292:" William,  257. 

Baswell,  Thomas,  ensign,  553. 

Butler,    John,   482,   528:    Jonatlian, 

deputy  for  Branford,  329,  364,  414;  en- 
sign, 82:  Samuel,  deputy  for  Bran- 
ford,  355;  ensign,  235. 

Buttolph,  George,  113. 

Cadey,  .Joseph,  283,  470;  deputy  for  Kill- 
ingly,  222 ;  justice,  30,  82,  159,  225,  289, 
368,' 449,  515. 

Cadwell,  Aaron  and  Eachel,  482,  527 :  

Edward,  96. 

Camp,  Ezra,  ensign,  415-;  lieutenant,  452: 

Nathan,  deputy  for  Durham,  2,  27, 

53,  79,  259,  330,  356',  415,  445,  552. 

Campbell,  Charles,  deputy  for  Voluntown, 

445,  486,  511,  551:  Kobert,  ensigu, 

489. 

Canaan,  to  be  sold,  136 ;  allowance  for  sell- 
ing, 173;  named,  &c.,  170;  in  Hartford 
county,  171;  in  Litchfield  probate  dis- 
trict, 504;  town  privileges  granted  to, 
266;  in  distress,  472;  meeting-house, 
306,  353,  424;  ecclesiastical  tax,  560. 

Candcy,  Samuel,  captain,  148. 

Canfield,  Samuel,  401,  426,  476,  480;  dep- 
uty for  New  Milford,  2,  364,  414,  445, 
486,  511,  552;  ensign,  189;  justice,  419, 
448,514. 

Canterbury,  bridge  in,  304;  doomed  for 
tax,  147';  Windham  v.,  116,  549,  501. 


Canvass  and  duck,  encouragement  for  man- 
ufacturing, 318,  320. 

CaiTington,  John,  177. 

Carter,  Ebenezer,  69;  captain,  148:  

John,  69. 

Cary,  Eleazer,  12,  40,  247,  405,  481,  573; 
auditor,  30;  deputy  for  Windham,  26,  52, 

414,  444,  486,  510:  .John,  109. 

Case,  Benajah,  deputy  for  Symsbury,  6,  79, 

119:  James,  deputy" for  Symsbury, 

2,  188,  221,  285,  323 :  — ^  Johii,  75, 105 ; 

deputy  for  Symsbury,  364 :  Joseph, 

deputy  for  Symsbury,  414;'  ensign,  453: 
Joshua,  474. 

Castle,  Henry,  ensign,  342;  lieutenant,  488. 

Chamberlain,  Benjamin,  ensign,  546 :  

Daniel,  lieutenant,  291 : .John,  quar- 
ter-master, 557:  Joseph,  243:  

quarter-master,  162. 

Champin,  Henry,  ensign,  430. 

Chandler,  William,  256. 

Chapman,    Caleb,    lieutenant,   396:    

Daniel,  248,  559;  deputy  for  Ridgefield, 

356:  Jabez,  273,  4i0;  captain,  430: 

Jeremiah,  20 ;  deputy  for  New  Lon- 
don, 258,  414:  -Jedidiah,  528,  au- 
ditor, 30,  229;  deputy  for  Saybrook,  2, 
26,  53,  78,  221.  285,  323,  330,  356,  365, 

415,  445,   486,   511,  552;  captain,  545; 

justice,  367,  448,  514: .Jeremiah,  20; 

deputy  for  New  London,  258,  414:  

John, "179:  Jonathan,  76: Rob- 
ert, 410:  Samuel,  49,  178,  246;  jus- 
tice, 81,  158,  224,  288,  367,  447,  514: 
Simon,  44,  246. 

Chapman's  ferry,  fare  of,  576. 

Chappel,  Caleb,  ensign,  451:  Joshua, 

21. 

Chartres,  George,  425. 

Chattield,  John,  ensign,  566. 

Chatterton,  Wait,  251. 

Chauncey,  Elihu,  176,  395,  538;  auditor, 
85,  229;  deputy  for  Durham,  53,  79,  119, 
155,  189,  222,'  285,  323,  330,  356,  364, 
415,  445,  486,  511,  552;  ensign,  121; 
captain,  190;  major,  468;  justice,  367, 
448,  514. 

Cheeny,  Abiel,  cornet,  331. 

Cheesebrough,  Amos,  deputy  for  Stoning- 
ton,   258,  415;  ensign,  18'9;  lieutenant. 

292:   Joseph  and    Thankful,   535: 

Nathan,  148,  149;  captain,  162. 

Cheneverd,  John  Michael  and  Margaret, 
507. 

Cheshire,  meetinghouse  in,  47,  61;  some 
s»et  to,  from  Ne\y  Haven,  251. 

Chester  made  a  society,  344;  meeting- 
house, 479;  ecclesiastical  tax,  528. 

Chester,  John,  61,  105,  143,  178,  251,  273, 
274,  317,472,  483,576;  auditor,  92,  173; 
captain,  190;  lietenant-colonel,  280;  dep- 
uty for  Wethersfield,  2,  26,  53,  79,  119, 
156, 188,  221,  259,  285,  322,  329,  355,  365, 
445,486,  511,  552,  for  Groton,  52;  jus- 
tice, 29,  81,  158,  224,  288,  367,  447,  514; 
in  nomination,  420,  490,  552. 

Chestnut  Hill,  in  New  Haven,  inliabitants 
ask  parish  privileges,  154,  177;  granted 
and  named  Amity,  201. 


585 


Chickens,  Indian,  land  reserved  by,  66,  97, 
478,  531. 

Chidester,  William,  ferry  granted  to,  575. 

Child,  Penuel,  deputy  tor  Kiilingly,  258; 
ensign,  85. 

Christopiiers,  Richard,  in  nomination,  5; 
settlement  with  estate  of,  86,  92,  140. 

Church,  .lames,  8,  96,  127,  172,  175,  293, 
408,  417,  504,  507,  573,  574. 

Clap,  Rev.  Thomas,  chosen  rector  of  Yale 
College,  308. 

Clark,  Anna,  500: Ebenezer,  500,  541; 

ensiofii^  565:  George,  178: Ger- 

shom,  151,  175,  212,  242,  298;  deputy 
for  Lebanon,  78.  329,  356,  445,  486,  5li, 

551;  justice,  368,  449,  515:  Isaac, 

captain,    193:    .iiibez,    541:    

John,  541,  564;  captain,  545:  .Jo- 
seph, 539;  captain,  85;  Nathaniel, 

deputy  for  Saybrook,  221,  259,  415,  445, 
486,  511;  justice,  30,  81,  159,  224.  288, 

367,   448,    514:    Samuel,    175;    v. 

Tousey,  463,   506:  Thomas,   350; 

deputy  for  Waterbury,  52;  justice;  29, 

81,  159,  224.  288.  367, 448 : Timothy, 

ensign,  120;  lieutenant,  371:  Wil- 
liam, 541. 

Cleayeland,  Henry,  ensign,  227 :  Tim- 
othy, ensign,  494;  lieutenant,  553. 

demons,  William,  495. 

Close,  Solomon,  lieutenant,  164. 

Clough,  John,  doputy  for  Kiilingly,  155. 486. 

Cluckstone,  Samuel,  lieutenant, 83 ;  captain, 
333;  deputy  for  Norwalk,  258,  285,  323. 

Cobb,  David,  213,  239,  251:  Gideon, 

501;  surveyor,  172. 

Codington,  .John  and  William,  59. 

Coo,  Ebenezer,  ensign,  291. 

Co2;swell,  Henjamin,  312,  334,  435:   

Robert,  406. 

Colt,  Daniel,  24,  69,  73,  219,  397;  deputy 
for  New  London,  1,  26,   119,  155,  364; 

justice,  368,  448,  514: loseph,  436: 

Samuel,  deputy  for  Preston,  486, 

511;  captain,  261. 

Colborn,  Robert,  561. 

Colchester,  bounds,  24, 108;  west  parish  in 
named  Westchester,  264;  in  East  Had 
dam  probate  district,  440 ;  part  of,  with 
parts  of  Hebron  and  Glassenbury  may 
hire  minister,  49. 

Colefox,  .John,  ensign,  236. 

Coleman,  Ebenezer  and  Ruth,  563. 

Collier,  Nathaniel,  574. 

Collins,  Daniel,  59. 

Colton,  Rev.  Benjamin,  preached  election 
sermon,  85. 

Common-fields  and  fences  regulated,  166. 

Comstock,   Daniel,  351:  John,   305, 

350,  405 ;  lieutenant,  33, 332 ;  ensign,  229 : 
Samuel,  124,  142;  deputy  for  Nor- 
walk, 189. 

Conant,  Josiah,  48,  67,  99,  199,  481,  573 ; 
deputy  for  Man-;field,  26,  78,  155,  221, 
259,  285,323,  329;  justice,  30,   82,    159, 

225,  289:  Sliubael,  476;  deputy  for 

Mansfield,  415;  justice,  368,  448,  515; 
lieutenant-colonel,  280. 

Cone,  Caleb,  deputy  for  Haddam,  2,  221, 

74 


258,  329,  355:  Daniel,  lieutenant, 

430:   James,   46;  lieutenant,  192: 

Stephen,  captain,  4. 

Confession  of  debt,  justices  may  take,  458. 

Constables,  may  not  fill  up  writs  nor  appear 
as  attorneys,  459;  allowance  to  for  mak- 
ing up  accounts  with  treasurer,  578. 

Cook,  Aaron,  ens  gn,342;  lieutenant,  489: 

Henry,  129 :  John,  deputy  for 

Preston,  26,  78,  119,156,  189;  justice,  30, 
81,  159,  224,  288,  368,  448,  549;  lieuten- 
ant, 2:  Josiah,  541: Robert, 

530:  Samuel,  ensign,  371;  lieuten- 
ant, 418;  captain,  488. 

Cooley,  Asahel  and  Mary,  539,  561 :  

Peter,  559. 

Cooper,  Ebenezer  and  Thankful,  523 : 

Stephen,  250. 

Copley,  Matthew,  75. 

Copp,  David,  ensign,  431:  John,  jus- 
tice. 30:  Jonathan,  94,  315. 

Cornish,  .James,  100, 106,249,  274;  captain, 
58:  .Joseph,  ensign,  83. 

Cornwall,  to  be  sold,  136;  allowance  for 
selling,  173;  named,  &c.,  170;  in  Hart- 
ford County,  171;  granted  town  privi- 
leges, 305;  in.di-itress,  ■  472;  meeting- 
house, 335,  401;  ferry  at,  575. 

Cornwall,  \Vait,  ensign,  88;  lieutenant, 
261;  captain,  396. 

Couch,  Samuel,  66,  97,  196,  248;  justice, 
30,  82,  159,  225. 

County  court  to  have  a  seal,  454. 

Coventry,  vote  of  confirmed,  66;  highways 
in,  67,  98;  asks  to  be  divided  into  two 
societies,  3u3,  granted,  337;  meeting- 
houses, 476,  504,  574;  part  of,  and  of 
Hebron  and  Lebanon,  asks  to  be  a  soci- 
ety, 536. 

Cowles,  Isaac,  ensign,  31:  Samuel, 

captain,  375:  William,  257. 

Cove,  Samuel  and  Lydia,  149. 

Craft,  Joseph,  captain,  374;  deputy  for 
Pomfret,  26,  78,  119,  258. 

Crane,  Henry,  213,  238;  deputy  for  Dur- 
ham, 2,  27,  259;  justice,  29,  81,  159,  224, 
288:  John,  573. 

Ciempton,  .Josiah,  349. 

Crery,  .John,  21,  321,  477,  500;  deputy  for 
Plainfield,  119;  justice,  30,  82,  159,  225, 
289,  368,  449,  515. 

Crocker,  David,  lieutenant,  31. 

Cross,  Dorothy,  256 :  Peter,  256,  348  : 

Stephen,  125. 

Crozier,  James,  348,  399,  411. 

Culver,   Daniel   and   Francis,    498:    '■ 

Samuel,  402;  deputy  for  Litchfield,  415. 

Curtiss,  Daniel,   ensign,   292;  deputy  for 

Woodbury,  444:   David,  144:  

—  Ephraim,  63,  94,  154';  deputy  for 
Stratford,  2.  27 ;  justice,  30,  82,  159,  225, 

289,368,445,515:  Isaac,  4S1:  

Rey.  .Jeremiah,  530:  .John,  24,69, 

73,   116,    149,    165,  219,   471,   491,  518: 

Jonathan,   535:   .Josiah,  66:    

Nathan,  204:  Nathaniel,  4bl:  

Richard,    21:    Samuel,    21:    

Thomas,  deputy  for  Farmington,  1,  for 
Wethersfield,  26. 


586 


INDEX. 


Cutler,  Isaac,  234,  503,  535;  deputy  for 
Killingly,  53;  captain,  228:  Sam- 
uel, ensign,  228. 

Daley,  Samuel  and  Sarah,  349. 

Dana,  Jacob,  deputy  for  Pomfret,  221,  330, 

356;  justice,   225,  289,   368,   449:  

Joseph,  ensign,  374. 

Danbury,  enlarged,  68;  bounds,  241,  248; 
part  of,  and  of  Newtown  and  New  Mil- 
ford  ask  to  be  a  society,  503. 

Daniels,  John,  deputy  for  Pomfret,  189. 

Danielson,  Samuel,  deputy  for  KiDingly, 
119,  415;  lieutenant,  228\ 

Darling,  Samuel,  271. 

Dart,  Ebenezer,  captain,  375. 

Davenport,    Humphrey,    lieutenant,    192: 

Rey.  James,  to  be  brought  before  the 

Assembly,  482 ;  sent  to  Long  Island,  484. 

Davis,  Cornelius,  178 : John  and  Mary, 

539:  Joseph,  338. 

Davy   Humphrey,  498. 

Day,  John,  408. 

Deal,  Charles  and  Pity,  22. 

Dean,  John,  59,  411. 

Debt,  confession  of,  458;  how  collected 
from  absent  or  abscoiyiing  debtor,  168. 

Deer,  acts  for  preservation  of,  150,  268. 

Dehortee,  Dennis,  59. 

Delamore,  Henry,  204. 

Demili,  Anthony,  65,  335 :  Peter,  65. 

Deming,  Josiah,  65. 

Demurrers  not  allowed  after  pleading  to 
issue,  166. 

Denisoii,  Daniel,  116;  justice,  30,  81;  en- 
sign, 31,  195:  George,  lieutenant, 

58 : John,  535,  561 ;  lieutenant,  58 ; 

captain,  292:  Joseph,   deputy  for 

Stonington,  189,  285,  329,  355,  415,'  486, 
511,  551;  ensign,  290;  justice,  288,  368, 
448,515:  Knbert,  94, 146,  315;  dep- 
uty for  New  London,  114,  486 :  Wil- 
liam, lieutenant,  552. 

Dennie,  John,  549. 

Deputy  governor,  to  be  lieutenant-general, 
279;  chosen  by  assembly,  417. 

Derby,  Waterbury  and  WoodburA',  parts 
of,  ask  to  be  a  society,  294,  351,  granted, 
394 ;  toll-bridge  in,  437. 

Dewey,    Charles,    24;   ensign,   292:   

Daniel,  ensign,  430. 

Dexter,  Thomas  and  Zuriel,  233. 

Dibble,  Jonathan,  ensign,  547. 

Dickerman,  Abraham,  ensign,  451 :  

Isaac,  37,  66,  75,  173,  176,  394,  442,  496, 
499;  deputy  for  New  Haven,  2,  26,  119, 
155, 188,  221,  258,  285,  323,  329,  355,  364 ; 
committee,  15,  46,  50,  136,  146, 177,  202, 
244,  283,  289,  351,  354,  401,  416,  426,  556 ; 
justice,  29.  81, 159,  224,  288,  367, 448,  514. 

Dickenson,  Daniel,  44 :  Noadiah  and 

Abigail,  559. 

Diggens,  Jeremiah,  348,  411. 
Dikeman,  .lohn,  180,  269. 

Dimock,  Daniel,  182:  Timothy,  182; 

ensign,  452. 

Dimon,  John,  lieutenant,  370:  Moses, 

justice,  30. 
Disbrough,  Thomas,  44. 


Dixon.  John,  74^141;  deputy  for  Volun- 
town,  364,  552;  purchases  land,  7,  103: 

Robert,   captain,  489;  deputy  for 

Voluntown,  330,  356,  415,  445,  486,  511. 

Doggett,  John,  536;  ensign,  85. 

Dogs,  act  for  protecting  sheep  from,  36. 

Dorrance,  James,  8,  103. 

Doty.  Samuel,  410. 

Douglas,  James,  532: John,  407;  dep- 
uty for  Plainfield,  258,  364,  486 ;  lieuten- 
ant, 370:  Margaret,   17,  432:  

Richard,  heirs  of,  v.  New  London,  17;  v. 

Winthrop,  432:  Wihiam,  17,  432; 

proposes  to  publish  map  of  New  Eng- 
land, 575. 

Dow,  Ebenezer,  justice,  30,  82,  159,  225, 
289,  368,  515. 

Dowde,  John,  44. 

Dower,  provision  for  setting  out,  56. 

Down,  Ebenezer,  ensign,  565 : Joseph, 

537. 

Downer,  Andrew,  199. 

Duck,  encouragement  for  manufacture  of 
318,  320. 

Dudley,  Joseph,  520: Moses,  348,  411. 

Dunham,  Jonathan,  270,  306,  335,  353,  401. 
425;  captain,  331. 

Dunlop,  Archibald  and  James,  312,  334. 
434. 

Durfey,  Richard,  428. 

Durham,  part  of  Haddam  set  to,  for  eccle- 
siastical purposes,  146. 

Dutcher,  Christopher,  ensign,  333. 

Duty  on  goods,  22,  on  liquors,  7,  57. 

Dwight,  .John,  349;  deputy  for  Killingly, 
2,27,52,  119,   188,  356;' lieutenant,  85; 

captain,  368:  Joseph,  deputy  for 

Killingly,  285. 

Dyer,  John,  534 ;  deputy  for  Canterbury, 
'258,  285,  323,  864,  445,  486,  511,  551; 
lieutenant-colonel,  281 ;  justice,  368, 449, 
515 : Thomas,  deputy  for  Windham, 

1,  52,  329,  355;  major,  280. 
Dyx,  Mary,  208,  255. 

East  Haddam,  Twenty  Mile  island  annexed 
to,  273;  brand,  15;  Lymec,  25;  meet- 
ing-houses in,  46,  76,  272,  316,  538 ;  and 
Lyme,  parts  of,  society  asked  for  in,  479, 
granted  and  called  Hadlyme,  495;  and 
Middletown,  parts  of  society  asked  for 
in,  218,  granted  and  called  Middle  Had- 
dam, 231 ;  probate  court  established  at, 
440,  district  enlarged,  459. 

Eastbury,  in  Giassenbury,  ecclesiastical 
tax  in.  63 ;  meeting-house,  65,  95. 

Eastman, .Philip,  106;  deputy  for  Ash  ford, 

2,  52,  79,  119,  155, 189,  221,  259;  justice, 
30,  82. 

Eaton,  Samuel,  184. 

Ecclesiastical  affairs:  avails  of  western 
lands  may  be  appropriated  for  support  of 
ministry,  123,  repealed,  334;  general 
consociation  at  GuiUbrd,  438,  468:  min- 
isters restrained  from  preaching  out  of 
their  own  parishes,  454;  proceedings 
against  Davenport,  482,  484,  against 
Owen,  519,  555,  against  Pomroy,  482, 
484,  566;  school  of  Separates  put  down. 


587 


500;  who  may  take  benefit  of  laws  for 

support  of  ministry,  502 ;  act  for  ease  of 

sober  dissenters  i-enealed,  522;  ministers 

sent  out  of  the  colony  and  returning, 

how  dealt  with,  569. 

Amity,  society  formed,  201;  mav  im- 
bocly,  489;  meeting-house,  213,  238. 

Bethlehem,  society  formed,  2G5,  409; 
meetins-house,  310, 424 ;  ecclesiastical 
tax,  425,  539. 

Branford,  winter  privileges  granted 
northern  inhabitants,  145 ;  new  society 
asked  for  in  north  part,  531,  556; 
meeting-house,  198. 

Canaan  may  embody  in  church  estate, 
267;  meeting-house,  306,  353,  424; 
ecclesiastical  tax,  560. 

Cheshire,  meeting-house  in,  47,  61. 

Chester,  made  a  society,  344;  meeting- 
house, 479;  ecclesiastical  tax,  528. 

Colchester,  Glassenbury  and  Hebron, 
parts  of,  (Marlboro',)  may  hire  minis- 
ter, 49. 

Cornwall,  may  settle  minister,  &c.,  305 ; 
meeting-house,  335,  401. 

Coventry  asks  to  be  divided,  303,  granted, 
337;  meeting-houses,  66,  476,  504, 
574;  and  Hebron  and  Lebanon,  parts 
of,  ask  to  be  a  society,  536. 

Danbury,  parts  of  New  Milford,  New- 
town and,  ask  to  be  a  society,  533. 

Derby,  parts  of  Waterbury,  Woodbury 
and,  ask  to  be  a  society,  294,  351, 
granted,  394. 

East  Haddam,  meeting-houses  in,  46,  76, 
272,  316,  538;  and  Lyme,  parts  of,  so- 
ciery  asked  for  ia,  479,  granted,  495; 
and  Midiiletown,  parts  of,  society 
asked  for  in,  218,  granted,  231. 

Eastbnry,  ecclesiastical  tax  in,  63; 
meeting-house,  65,  95. 

Ellington'made  a  society,  6,  7,  meeting- 
house, 23.'J,  249, 

Fairfield,  meeting-house,  west  society, 
124,  142. 

Farmington,  winter  privileges  granted 
part  o'f,  500. 

Goshen,  meeting-house,  293,  402,  438, 
494;  ecclesiastical  tax,  335. 

Guilford,  meeting-houses.  111,  141,  217, 
246;  general  consociation  at,  438,  468. 

Hadlyme  made  a  society,  495;  meeting- 
house, 538. 

Hartford,  meeting-houses,  74,  110,  232, 
247,  328,  466.  472,  482.       • 

Harwinton,  may  imbody  as  church,  143; 
meeting-house,  178,  205,  245,  248;  ec- 
clesiastical tax,  541. 

Hebron,  meeting-house,  12,  40,  asks  to 
be  divided  into  societies,  185,  201,  243, 
275,  576;  parts  of  Glassenbury,  Col- 
chester and,  may  hire  minister,  49; 
part  of  Colchester,  Lebanon  and,  ask 
to  be  society,  536. 

Judea,  made  "a  society,  423;  meeting- 
house, 477. 

Kensington  in  disorder,  524;  parts  of 
Middletown  and,  alfek  to  be  a  society, 
478,  494. 


Kent,  ecclesiastical  tax,  267, 572 ;  meet- 
ing-house,  304,  351 ;  Moravians  at,  521. 
Killinglv,  meeting-house,  423,  481,  504, 
536,  573. 

Kiilingworth,  north  society  may  imbody, 
112;  meeting-hfliuse,  15,  40. 

Lebanon,  purchase  of  bell,  269;  parts  of 
Coventry,  Hebron  and,  society  asked 
for  in,  536. 

Lyme,  meeting-house,  12,  61,  95;  and 
East  Haddara,  society  asked  for  from 
parts  of,  479,  granted,  495. 

Mansfield,  north  part  ask  to  be  a  society, 
46;  bounds  of  .societies,  115,  124; 
meetini^-house,  534,  573. 

Middle  Haddam,  parish  constituted,  231; 
meeting-house,  272,316;  ecclesiastical 
tax,  310. 

Bliddletown,  and  Haddam,  parts  of  ask 
to  be  a  society,  218,  granted,  231; 
north-west,  part  asks  to'  be  a  society, 
406, 478, 49 1 ;  winter  privileges  granted 
part  of,  541. 

Middlesex,  made  a  society,  &c..  144; 
meeting-house,  196,  231,  238. 

Milford  and  New  Haven,  parts  of,  ask  to 
be  a  society,  154,  177,  granted,  201. 

Millington,  ecclesiastical  tax,  153 ;  meet- 
ing-house, 46,  76. 

New  Concord,  named,  &c.,  93 ;  meeting- 
liou.se,  151,  175,  212,  242,  262,  303,  344, 
404,  437 ;  may  imbody  as  church,  206 ; 
ecclesiastical'tax,  181. 

New  Fairfield,  ecclesiastical  tax,  351, 
468,491;  meeting-house,  350,  426 ;  di- 
vided into  two  societies,  475. 

New  Hartford,  mav  imbody  as  a  church, 
210;  ecclesiastical  tax,  111,  150,310; 
meeting-house,  249,  274. 

New  Haven,  bounds  of  north  and  east 
societies,  145;  grant  to  west  society, 
25,  50;  Chestnut  Hill  asks  to  be  a  so- 
ciety, 154,  177,  granted,  201. 

New  London,  meeting-houses,  245,  247, 
272 ;  Shepherd's  Tent,  500. 

New  Milford,  parts  of  Newtown,  Dan- 
bury  and,  ask  to  be  a  society,  533. 

Newtown,  parts  of  Danbury,  New  Mil- 
ford and,  ask  to  be  a  society,  533. 

Northbury,  made  a  parish,  271 ;  in  dis- 
order, 373,  meeting-house,  424. 

North  Haven,  society  enlarged,  250; 
meeting-house,  232,  250. 

Norwalk  and  Stamford,  parts  of,  ask  to 
be  a  society,  63,  94,  granted,  144. 

Norwich,  society  asked  for  in  west  part 

*  of,  65,  granted,  93. 

Oxford,  parish  constituted,  394;  may 
imbod}^  &c.,  541 ;  meeting-house,  415, 
427 ;  ecclesiastical  tax,  542. 

Preston,  meeting-house.  111,  146. 

Reading,  grant  to.  176. 

Ripton,  grant  to,  71. 

Roxbury  made  a  society,  537. 

Salem,  ecclesiastical  tax  in,  241, 533, 566. 

Salisbury,  may  imbody  as  church,  427 ; 
ecclesiastical  tax,  470,  562. 

Salmon  Brook,  society  constituted,  77; 
meeting-house,  251. 


588 


INDEX. 


Saybrook,  Pattecunk  asks  to  be  a  soci- 
ety, 242,  granted,  344. 
Shavon,  may  call  minister,  270 ;  ecclesi- 
astical tax,  404;  meeting-house,  309, 
349,  397. 
Stafford,  ecclesiastical  tax,  48,  178,  477. 
Stamford,  and  Norwalk,  parts  of,  ask  to 

be  a  society,  63,  94,  granted,  144. 
Stratfield,  east  part  has  winter  privileges 

granted,  300. 
Stratford,  grants  to  societies  in,  71,  149; 
meeting-house,   534,    542;   Davenport 
makes  disturbance  at,  483. 
Symsbury,  divided  into  societies,  12,  48, 
76;  me^eting-houses  in,  127,  175,  251, 
274;  to  pay  Kev.  T.  Woodbridge,  75, 
105. 
Torrington,    ecclesiastical   tax  in,   266, 

293,^^336. 
Turkey  Hills,  asks  to  be  made  a  society, 
48;  granted,  77;  enlarged,  110;  meet- 
ing-house in,  127,  175. 
Union,  ecclesiastical  tax  in,  16,  196,  301, 
420,  523;  meeting-house,  &c.,  196, 249. 
Unity,  grant  to  society  of,  149. 
Waterbury,    winter    privileges    granted 
part  of,"  74,  129, 197;  society  asked  for 
in  north-west  part,  145,  177,  granted, 
195;   society  asked  for  in  north-east 
part,  265,  granted,  271;  society  asked 
for  from  parts  of  Derby,  Woodbury 
and.  294,  351,  granted,  394. 
West  Haven,  grant  to,  25,  50,  244;  may 

sell  parsonage  land,  244. 
We-tburv  made  a  society,  195;  meeting- 

house,'^&c.,  232,  263. 
Willington,  ecclesiastical  tax  in,  102, 378. 
Wilton,  meeting-house  in,  112,  127. 
Wintonburv,    society    constituted,    76; 

meeting-house,  96. 
Woodbury,  winter  privileges  granted 
parts  of,  211,  233,  237 ;  north  part  asks 
to  be  a  society,  45;  north-east  part 
made  a  society,  265 ;  Shippaug  asks  to 
be  a  society,"  400,  granted,  423,  537; 
part  of  Derbv,  Waterbury  and,  ask  to 
be  a  society,' 294,  351,  granted,  394. 
Edgcomb,  Hannah,  Samuel  and  Thomas, 

2"04. 
Edwards,  Daniel,  171,  249,  345,  437,  474, 

502,  520,  530,  556:  John,  104,  127, 

175,300,478,484,495: Jonathan,  494. 

Eells,  Samuel.  50,  135,  173,  225;  in  nomi- 
nation, 6,  58,  122,  195,  263;  chosen  as- 
sistant, 28,  79,  157,  222;  in  court,  1,  26, 
52,  78,  118,  155,  188,  221,  258,  284;  col- 
onel, 279;  justice,  288,  367,  448;  judge, 
county  court,  28,  80,  86,  superior  court, 
28,  80,  157,  223 ;  land  confiiTned  to,  22 : 

Samuel,  jun.,  quarter-master,  225 ; 

cornet,  508. 
Eggleston,  Henry,  lieutenant,  88. 
Elderkin,  James.  302. 
Election  of  governor,  &c.,  must  be  by  ma- 
jority of  freemen,  452. 
Election  sermons,  preached,  30,  85,   160, 

225,  2S9,  372,  449,  515. 
Ellington,  made  a  parish,  6 ;  may  imbody, 
7 ;  meeting-house,  233,  249. 


Elliot,  Aaron,  county  surveyor,  237 :  

Jared,   preached  election  sermon,  160: 

John,  executors  of,  v.  Fitch,  42,  62, 

97. 

Ellsworth,  Daniel,  captain,  369 :  Da- 
vid,  captain,  451:   Jonathan,  23; 

executor  of  Elliot,  42,  62,  97. 

Elmer,  Thomas  and  William,  209. 

Ely,  Daniel,  313.  507;  captain,  162;  major, 
279 ;  deputy  for  Lyme,  2,  188,  365,  486 ; 

justice,   262,    288,"  367,   448,   514:  

"Richard,   deputy  for   Lyme,   119:   

Samuel,  494:  William,  494 ;  ensign, 

102;  lieutenant,  332. 

Embargo,  laid  on  provisions,  87 ;  acts  re- 
lating to,  376,  431. 

Emmons,  Samuel,  153. 

England,  agents  in,  see  Palmer,  V/ilks;  in- 
structions relative  to  currency,  &c.,  to 
be  printed,  352 ;  acts  of  parliament  to  be 
printed,  390 ;  letters  to  and  from  Board 
of  Trade,  21,  357;  order  of  prayers  for 
royal  family.  390. 

Eno,   James,  23,   315,  477:  Samuel, 

lieutenant,  333. 

Equity,  suits  brought  on  bonds  with  condi- 
tions, 16 ;  cases  of  Brush  v.  Lyon,  Dunlop 
I'.  Beach,  Richards,  Douglas,  &c.,  Stur- 
gis  V.  Sturgis,  Trowbridge,  Atwater,  &c. 

Estates,  setting  out  widow's  dower,  56 ;  ef- 
forts for  restoration  of  abrogated  law  of 
intestate  estates,  283. 

Everett,  Benjamin,  344. 

Fairchild,  Nathan,  Phebe,  Obedience,  270: 

Robert,  395,  538;  auditor,  289,  372; 

deputy  for  Durham,  222,  285,  323,  364, 
486,  511;  lieutenant,  190;  captain,  342: 
Samuel,  lieutenant,  126. 

Fairfield, ».  Lockwood,  10, 116;  Gray,  Dis- 
brough,  &c.,  v.,  44;  meeting-house,  west 
society,  124,  142. 

Fairweather's  Purchase,  172,  200. 

Fancher,  William,  335,  347. 

Fanton,  Jonathan  and  Sarah,  271. 

Farley.  .lohn,  lieutenant,  229. 

Farm'iiigton  v.  Wethersfield,  23,  68;  Kil- 
bourn  v.,  410;  Indian  children  at  school 
in,  38;  enlarged,  205;  some  of,  set  to 
West  Hartford,  466,  572;  winter  privi- 
leges granted  part  of,  500. 

Farnsworth,  Joseph,  176,  538. 

Farnum,  Peter,  lieutenant,  121,  450. 

Fassett,  Benjamin,  lieutenant,  54. 

Fees  of  sundiy  officers,  35,  56,  169,  203, 
391,  524. 

Fellows,  John,  256. 

Fences  and  common-fields  regulated,  166. 

Fenn,  Benjamin,  lieutenant,  225;  captain, 
508. 

Fenton,  Francis,  ensign,  229. 

P'ergoe,  Aaron,  94. 

Ferries:  over  Connecticut,  granted  to  ]\Iid- 
dJetown,  112,  fare,  475,  Chapman's,  fare 
of,  576,  Keenev's,  fare. of,  109,  at  Kocky 
Hill,  fare  of,  211,  Saybrook,  fare  of,  460; 
over  Ousatunnuc,  granted  to  Y.  Perry, 
24,  granted  to  W.  Chidester,  575,  granted 
to  M.  Hawkins,  109 ;  at  Oronoke,  granted 


589 


to  S.  Mallory,  150,  Stratford,  fare  of,  66, 
577;  at  New  Haven,  fare,  460;  Niantic, 
fare,  353,  428 ;  over  Thames,  in  Norwich, 
granted  to  D.  Hall,  465,  between  Nor- 
wich and  New  London,  68, 113,  173,  254, 

263,  305,  350. 

Ferris,  John,  lieutenant,  164;  captain,  487; 

deputv  for  Greenwich,  511 :   Zacha- 

riah,  401. 

Field,  David,  176. 

Fillmore,  John,  ensign,  452. 

Finch,  Daniel,  144. 

Finley,  Rev.  Samuel,  570. 

Fish,  Aaron  and  Samuel,  469 :  Moses,  lieu- 
tenant, 508. 

Fishery  in  Selden's  cove,  542. 

Fisk,  John,  435;  captain,  4;  quarter-mas- 
ter, 450 ;  deputv  for  Haddnm.  445 :  

Shepard,  234;  'deputy  for  Killingly,  364. 

Fitch,  Abner,  67 :  Ebenezer,  42,  62, 

97:  Jabez,  239,   561;  auditor,   85; 

deputy  for  Canterburv,  2,  27,  53,  79, 156, 
188,356,364;  ensign,"  193;  captain,  331; 

bridge  built  by,  304 : James,  ensign, 

.      226;  lieutenant,  332;  captain,  418:  

John,  405;  captain,  330;  deputv  for 
Windham,  188,  221,  414,  444 :  'Sam- 
uel, auditor,  515;  deputy  for  Norwalk, 

27,  415,  445,  486,  511:  Thomas,  23, 

69,  362;  in  nomination,  5,  58,  122,  195, 

264,  340,  420,  490,  552;  chosen^assistant, 
286,  365,  446,  512;  in  court,  1,  322,  329, 
355,  364,  414,  444,  485,  510,  551 ;  lieuten- 
ant-colonel, 280;  justice,  30;  agent  in 
Mohegan  case,  165,  462,  507,  520,  578; 
pi-oposes  to  make  steel,  338,  574;  to  re- 
vise laws,  465,  505. 

Foot,   Daniel,    77:    Nathaniel,    244; 

captain,  54;  deputy  for  Colchester,  156, 
258,  486,  510,  552";  justice,  29,  81,  158, 
224,  288,  367.  447,  514:  Robert,  cap- 
tain, 494;  deputy  for  Branford,  486,  511. 

Forcible  entry,  proceedings  in,  the  sheriff 
a  party,  490. 

Ford,  Barnabas,  129: James,  94: 

Joseph,  549 :  Nathan,  245. 

Foreign,  goods,  duty  on,  22,  ministers  may 
be  sent  out  of  the  colony,  457,  569;  and 
suspected  persons  may  be  taken  up  and 
examined,  521. 

Foresvth,  James,  315. 

Fosdick,  Thomas,  313,  321,  558;  deputy 
•      for  New  London,  285,  322,  329,  355. 

Fountain,  William,  212,  347. 

Fowler,  Kbenezer,   126:  .Tohn,  63,  94, 

146,  177,  195,  232,  247,  351,  394,  424,  478, 
495,  531,  543,  569;  deputy  for  Milford, 
119, 156,  189,  221,  258,  285;  323,  330.  356, 
364,  415,  444,  486,  511,  551;  clerk,  lower 
house,  330,  356,  415,  445,  487,  552; 
speaker,    511;  lieutenant,   13;   captain,. 

226;  justice,  448,  514:  Joseph,  268, 

348,  411;  agent  in  Mohegan  case,  165, 
462,  507,  520,  578;  major,  281;  justice, 
289,  368,  449,  515. 

Fox,  Samuel,  308. 

France,  preparations  for  war  with,  567. 

Francis,  James,  143. 

Frazier,  Sarah,  605. 


Freemen's  meetings,  in  Hartford,  New  Lon- 
don and  Windham  Counties,  277 ;  in  all 
counties,  297. 

French,  Kbenezer,  400. 

Fresneau,  Anth-ew,  24. 

Frisbie,  Jedidiah,  145. 

Frost,  Stephen,  ensign,  260,  lieutenant,  291. 

Fuller,  Aaron,  183,  480:  Rev.  Daniel, 

102,   379:    Matthias,   ensign,  204:    

Moses,  178, 183 :  Nathaniel,  51, 183 : 

Samuel,  76;  ensign,  54:  Ste- 
phen, ensign,  229:  Thomas,  lieu- 
tenant, 4. 

Fyler,  Stephen,  ensign,  89. 

Gager,  Samuel,  212. 

Gains,  Samuel  and  Simon,  176. 

Gallop,  Isaac,  205 :  John,  74, 141,  205, 

256 :  Joseph,  captain,  58. 

Galpin,  Samuel,  ensign,  83. 

Gaoler's  fees,  203. 

Gardner,  Peregrine,  43,  68. 

Gates,  Daniel,  lieutenant,  291:  John, 

lieutenant,  261;  captain,  291: Jo- 
seph, deputy  for  Preston,  2 : Thomas, 

captain,  189. 

Gaylord,  Hezekiah,  deputy  for  Hebron,  52, 

79,  119,  189,221,285,  330,  .364,551:  

Joseph,  500,  562:  William,  178. 

Geer,  Robert,  255;  ensign,  190. 

General  Assembly,  pay  of  members,  35, 
216,  363,  391,  524;  lower  house  propose 
adjournment  to  Norwich,  165 ;  committee 
to'hear  records  read  off,  51, 118,  154, 187, 
284,  322,  328,  354,  413,  443,  510,  550,  579 ; 
members,  when  chosen,  277,  297;  peti- 
tions to,  regulated,  209 ;  members  exempt 
from  military  service,  379;  election  of 
governor,  &c.,  by,  416,  453. 

Gibbs,  Henry,  409. 

Giileons,  Nathaniel,  539.  ^ 

Gifford,  Samuel,  94. 

Gilbert,   Benjamin,  lieutenant,  148:  

Joseph,  301:  Josiah,  ensign,  488: 

Marv,  250 :  Nathaniel,  lieuten- 
ant, 33,  191. 

Gillett.  Aaron,  244:  Ephraim,  202: 

^^  Isaac,  110,  127:  Josiah,  563, 

564:  Nathan,  11. 

Gilman,  Samuel,  257. 

Glassenbury,  parts  of  Colchester,  Hebron 
and,  (Marlboro',)  may  hire  minister,  49; 
see  Eastburj'. 

Glazier,  William,  379. 

Glover,  Jolm,  ensign,  229 ;  lieutenant,  450. 

Gotf,  Reuben,  187. 

Gold,  rate  at  which  it  shall  pass,  453, 

Gold,   Hezekiah  and   Samuel,   248:   

John  401 : Nathan,  62 : Thom- 
as, lieutenant,  226:  William,  177, 

201,  213,  350;  deputv  for  Branford,  27, 
52,  119,  156,  189,  323;  justice,  29,  81, 
159.  224,  2S8,  367,  448,  514. 

Goodrich,  David,  65,  101,  115,  176,  178; 
deputy  for  Wethersfield,  2,  53.  79,  119, 
156,  1S8,  221;  justice,  29,  81,  158,  224, 

288.367,447,514:   Elizur,  472,  483; 

captain,  327 :  Jeremiah,  lieutenant, 

664 :  Joseph,  lieutenant,  328. 


590 


INDEX 


Goodsell,  Samuel,  145. 

Goodwin,    Abraham,    ensign,     53:     

D.iniel,  ensign,  148. 

Goodyear,  Andrew,   Nathaniel  and   The- 

ophiius,  250:   Thomas,  lieutenant, 

450. 

Gordon,  .James,  265. 

Gore,  Samuel,  402,  476. 

Gorham,  Joseph,  197. 

Goshen,  to  be  sold,  135;  named,  &c.,  170; 
in  Hartford  county,  171;  in  Litchfield 
probate  district,  504;  allowance  for  sale 
of,  173;  town  privileges  granted  to,  267; 
meeting-house,  293,  402,  438,  494 ;  eccle- 
siastical tax,  835. 

Gove,  Nathaniel,  534. 

Governor,  to  he  captain-general,  277; 
elected  by  assembly,  416;  and  Council, 
powers  of  as  to  embargo,  87,  376,  to  mili- 
tary affairs,  326,  to  order  the  sloop  De- 
fence, 429,  516,  567,  to  transport  soldiers 
10  West  Indies,  440,  461. 

Grannis,  John,  232. 

Grant,     Kbenezer.     captain,     508:     

Ephraim,    ensign,   83:   Nathaniel, 

249 :  — —  Thomas,  ensign,  161 ;  lieuten- 
ant, 557. 

Graves,  John,  ensign,  84. 

Gray,  Ebenezer,  65.  372.  476;  auditor,  372, 
453;  captain,  370;  deputv  for  Lebanon, 

364,  445;  justice,    368.  449,  515:   

Isaac,  Jacob,  Samuel,  William,  44 :  

Philip,  411. 

Green,  Henrv,  lieutenant,  449 :  Timo- 

thv,  352,  390;  grants  to.  24,  75,  76,  117, 
154,  187,219,  236,  283,  317.  354,  376,  443, 
484,  510,  550,  579:  William,  489. 

Greenwich,  fails  to  return  list,  6. 

Gregory,  Benjamin,  182:  John,  241; 

deputv  for  iJanbury,  2,  78,  188;  justice, 
30,  82,  159,  225,  289,  368,  448. 

Griffin,  Samuel,  lieutenant,  343. 

Griffith,  Stephen,  541. 

Griswold,  Benjamin,  348,  411 ;  ensign,  164: 

Daniel,  deputv  for  Killingworth,  1:  

Esther,  410: Isaac.  66:  Jacob, 

deputy  for  Litchfield,  486 ;  loan  made  to, 

576:   ' .John,  61,  93,  111,  136,  140, 

173,  247,  272,  308,  348,  507,  536;  deputv 
for  Lvme,  52, 156, 188,  221,  285,  323,  330, 
356,  414,  445.  511;  justice,  30,  81,  159, 
224,  288,  867.  445,  514;  in  nomination, 
340,  420,  490.  552 : Joseph,  24'() ;  dep- 
uty for  Litchfield,  445: Josiah,  492; 

cornet,  331:  Matthew,  ensign,  81;  lieu 

tenant,  61;  captain,  259:  Samuel, 

justice,  158,  224,  238,  367. 

Grosvenor,  Leicester,  deputy  for  Pomfret, 
285,  323,  364;  iustice,  30,'  82,  159,  225, 
289,  308,  449,  515. 

Groton,  Pequots  v.,  411. 

Gmman,  Samuel,  184,  307. 

Guardians,  appointment  of,  regulated,  5. 

Guernsey,  Ebenezer,  ensign,  369. 

Guilford',  general  consociation  at,  438,  468; 
meeting-house,  east  society,  11 1, 1 41, 217, 
246;  some  ask  to  be  annexed  to  east  so- 
ciety, 349 ;  some  set  off  from  fourth  so- 
ciety, 438,  4S2,  566. 


Gunn,  Abel,  394;  deputy  for  Derby,  285, 

323,  330,  356j  364,  487,'552 : .^Tasper, 

153,  201:  Snmuel,  justice,  29,  81, 

159,  224,  288,  367,  448,  514. 

Haddanj,  parts  of  Middletown  and,  ask  to 
be  a  society,  218,  granted,  231;  part  of, 
set  to  Durham  for  ecclesiastical  purposes, 
146;  doomed  for  taxes,  147;  in  East 
Haddam  probate  district,  440. 
Hadlyme  constitmted  a  society,  495;  meet- 
ing-house, 538. 

Hale,  Jonathan,  218.273,317,406;  deputy 
for  Glassenbury,  27,  58.  79,  119,  156,  188, 
222  259,  285,  .323,  829,  .355,  365,  414,  445, 
486,  511,  551;  auditor,  85,  229.  289,  872, 
453;  justice,  224,  288,  867,  447,  514;  lieu- 
lieutenant.     164;     captain,     546:    

Thomas,  231. 

Hall,  Benjamin,  232,  245,  268,  810,  351, 
373,  394,  400,  42-3,  424,  482,  .584,  537; 
deputy  for  Wallingford,  2,  27,  52,  79,  119, 
155, 188,  222,  259,  285.  323,  33n,  356,  365, 
415,  445,  487,  511,  552;  justice,  29,  81, 
159, 224,  288, 367,  448, 514 ;' lieutenant-col- 
onel, 281:  Caleb,  802;  ensign,  577: 

Daniel,  ferry  granted  to,  465 : 

Eliakim,  ensign,  490;  cornet,  554:  

Elihu,  176,  273.  540,  562;  captain,  554; 
deputy  for  Wallingford.  552 ;  justice,  448, 

514:  -' Elnathan,  400:  Giles,  46, 

73.  315 ;  justice,  29,  81, 158,  224,  288,  867, 
447,  514;  to  procure  vessel  of  war  to  be 

built,  361.  441:  Hannah,  176: 

John,  25, 176 :  Jonathan,  316 :  

Samuel,  25,  213,232,  238,  470,  523;  cap- 
tain, 203;  deputy  for  Wallingford,  285, 
32-3,  365,  415,  445,  487 ;  justice,  29,  81, 

159,  224,  288,  367,  448,  518:  The- 

ophilus,  ensiffn,  330: Thomas,  15; 

justice.  81,  224. 

Hamlin,  Jabez,  112, 142,  895,  420,  470,  474, 
538;  auditor,  85,  229,  372,515;  deputy 
for  Middletown.  2,  27,  53,  79.  119,  156, 
189.  221,  259,  285,  323,  330,  356,  364,  415, 
445,  487,  511,  552;  justice,  29,  81,  158, 
224,288,  367,447,  5i4;  major,  280;  com- 
missary^, 324,  354:  Richard,  cap- 
tain, 33. 

Hancock,  Thomas.  231,  817. 

Hand,  Benjamin,  deputv  for  Guilford,  445, 
486,  511,'  552;  justice,'  263,  288,  367,  448, 
513. 

Hanford,  Samuel,  66,  69,  97;  deputy  for 
Norwalk.  1,  27,  53,  78,  119;  justice,  30, 
82,  159,  225,  289,  368.  448.  515. 

Harrington,  Samuel,  145,  556. 

Harris.  Daniel,  309:  Gibson,  lieuten- 
ant, 226:  James,  43,  254,  262,  410: 

Samuel,  13. 

Harrison,  Josiah,  ensign,  544:  Na- 
thaniel, captain.  555;  deputy  for  Bran- 
ford.  27,  414  486.  511,  552 :  -^  Thomas, 
deputy  for  Branford,  2,  52,  79. 

Hart,  Hezekiah,  524: Jacob,  407,  479: 

John,    205,  245.  410;   deputy  for 

Farmington,  52.  156,  189,  222,  259,'  285, 

323,864,  486,  511,  551;  justice,  514: 

Joseph,  123,  426 :  Josiah,  75,  348 : 


591 


Nathaniel,  erisijrn,  375: Samuel, 

406,  478,  494:  lieutenant,  82:  Ste- 
phen, land  ffi'antcil  to,  laid  out,  123:  

Thomas,  478,  494,  .524.  531 ;  deputy  for 
Farminfrton,  259,  414,  511,  551;  justice, 
29,  81,  158,  288,  3fi7,  447,  513. 

Hartford,  state  house,  8;  western  land  di- 
vided with,  39,  214.  253;  work-linuse  at, 
137,  172,  505;  Hoccanum  field,  104; 
meeting-house,  first  society,  74, 110,  east 
society,  232,  247,  328,  west  society,  466, 
472,  482;  some  set  to,  from  Farminjrton, 
466,  572;  strays  and  lost  goods,  where 
posted,  90. 

Hartford  County,  sprintr  election  in,  277; 
Goshen,  Canaan,  Cornwall,  Kent  and 
Norfolk  to  helonff  to.  171. 

Hartland,  claim  to  lands  in,  100. 

Hartshorne,  FJienezer.  quarter-master.  490. 

Harwinton,  invested  with  town  priyilejres, 
&c.,  142;  meeting-house  in,  178,  205, 
245, 248 ;  ecclesiastical  tax,  541 ;  in  Litch- 
field probate  district,  504. 

Haskall.  .Tohn,  185. 

Hatch,  .lohn,  198:  Timothy,  198,  548, 

572;  captain,  294;  justice,  549. 

Hawkins,  .loseph,  109:  Moses,  ferry 

granted  to,  109;  ensign,  557. 

Hawley.  Daniel,  deputy  for  Stratford,  53, 

119,' 221: Joseph,  549;  deputy  for 

Farminccton,  156:  Nathaniel,  quar- 
ter-master. 331. 

Hays,  George,  220 :    Isaac,  212. 

Havsht,  .Joseph.  335. 

Ha'zelton.' Charles,  44,  181,  215,  274,  312, 
335,  347,  496. 

Heath,  Ebenezer,  184. 

Heaton,  Stephen,  494. 

Helirnn,  meeting-house  in,  12,  40;  hounds, 
25,  108;  asks  to  be  made  two  societies, 
185.201,  243,  275,  576;  parts  of  Colches- 
ter, Glassenhury  and,  may  hire  minister, 
49;  parts  of  Cnyentry,  I.ehan  ni  and, 
ask  to  be  a  society,  536  ;  in  East  Haddam 
probate  district,  441;  v.  Fitch,  23. 

Hemingway,    Abraham,    145:    J\ev. 

Jacob,  preached  election  sermon,  289. 

Hempstead,  John,  ensign,  291 : Joshua, 

18,  59,  204,  284,  432 ;  probate  judge,  29, 
80;  justice.  30,  81,  159,  224,  288,  367, 
448,"  514: Stephen,  ensign,  120. 

Hendrick,  Caleb, 540. 

Henshaw.  Joshua,  498. 

Herrick,  I"",phraim,  ensign,  4: Stephen, 

lieutenant,  122. 

Hewett,  .John,  94. 

Hickox,  T^enjamin,  iustice,  30,  82, 159,  225, 

289,  368,  448,  515;  lieutenant,  565: 

Ebenezer,  304;  ensign,  191;  lieutenant, 
371 : John,  294 :  .Joseph,  en- 
sign, 333: Samuel,  232;  captain, 

148;  deputy  for  Watevbury,  189,  445, 
487,  511 ;  justice,  448,  513 :  - —  Thomas, 
267. 

Hide,   Caleb,   captain,  371:   Daniel, 

lieutenant,  160: Eleazer,  94:  

Jacob,  lieutenant,  160;  captain,  452: 
Jabez,   106,   537;  justice,    30,  81, 


159,  224,  288,  368,  448,  515: Wil- 
liam, iustice,  30.  81. 

Higby,  Edward,  406. 

Highways,  act  for  repairing  of,  230;  in 
Coyeiitry,  67,  98,  Kitlingworth,  240, 
Norwich,  346,  Symsl.ury,  474,  Wethers- 
field,  43,  106,  143.  Windsor.  298. 

Hillhouse,  James,  25,  44.  47,  116,  204,  315. 

Hill,  Isaac  and  Esther,  491 : John,  403, 

566: Samuel,  40,  176;  deputy  for 

Guilford,  2,  27,  53,  79, 119, 156,  221,'  258, 
330,  356,  364,  415,445,  486,  511,  552; 
speaker,  27;  on  committees,  12,  15,  61, 
95,  412,  439,  468,  493;  justice,  29.  81. 
158.  224.  288,  367,  448,'  513;  judge  of 
probate,  28",  307,  447,  513;  lieutenant- 
colonel,  280,  colonel,  317;  in  nomina- 
tion, 5,  58,  122,  195,  264,  340,  420,  490, 
552. 

Hills,  David,  ensign,  191: Jonathan, 

6,  233,  249,  406;  captain,  191. 

Hind,  John.  202: Stephen,  154. 

Hindman,  Robert,  8,  103. 

Hine,  James,  lieutenant,  553. 

Hinman.  Andrew,  deputy  for  Woodbury 
27.  156.  258,  285,  322; 'grant  of  land  to, 
102: Noah,  533:  deputy  for  Wood- 
bury, 2,  53,  78,  119,  221,  365,  414,  486, 
511,  552;  justice,  82,  159,  225,  289,  368, 

448,  515:  Wait,  524;  ensign,  332; 

ca]-)tain,  565. 

Hinsdell,  Mahumen  and  Slary,  348,  411. 

Hitchcock,  Benjamin,  capt.ain,  342:  

Caleb,  144: Ebenezer,  captain,  555: 

lohn,  251,  416,  427,   442,  532,  556 ; 

auditor,  515;  deputy  for  New  Haven, 
221,  258,  285,  323,  '329,    355,   364,  414, 

445,   486,   511,  551:. Matthias,   14: 

Nathaniel,  144. 

Hoccanum  field,  104. 

Hodgkins,  ,Iohn,  lieutenant,  488. 

Hogs  meadow  purchase,  202. 

Hoit,    Benjamin,    ensign,    33;    lieutenant, 

488: .Jonathan,  112,  127,  175,  543, 

569 ;  deputy  for  Stamford.  2,  27.  53,  78, 
119,  156,  189,  221,  259,  285,  323,  330, 
356,  365,  414,  445,  486,  511,  551;  pro- 
bate judge,  29,   81,  158,  224,  287,  367, 

447,  '514;  justice,  30,  82,  159,  225,  288, 

368,  448,  515;  colonel,  280: .Samuel, 

403;  justice,  30,  82,  159,  225,  289,  368, 

448,  515. 

Hoi  brook,  Ebenezer,  deputy  for  Pom  fret, 
119,  155.  189,  258,444,  '486,  511,  551; 
justice,  515: lohn,  394. 

Holcomb,    David,    lieutenant,    546: 

.John,  ensign,  55 : Nathaniel,  ensign, 

161;  captain,  260. 

Holland,  .loseph,  ensign,  54;  captain,  487. 

HolHster,  Gideon,  lieutenant,  30: Tim- 
othy, ensign,  490. 

Holloway,  George,  306,  335,  401. 

Holly,  John,  ensign,  557. 

Holmes,   Christopher,    479:   George, 

533;  ensign,  162:  .John,  347;  lieu- 
tenant. 452. 

Holt,  Benjamin,  425:  lieutenant,  9;  cap- 
tain, 296. 


592 


INDEX 


Hooker,    Hezekiali,    captain,    236:    

James,  probate  judge,  29,  81,  158,  223 ; 

■     justice,  29,  81,   158,  288,  367,448: 

John,  justice,  29,  81,  158,  224,  288,  367, 

447,  5i4: Joseph,  ensign,  453: 

Nathaniel,  110,  172,  251,  274,  293. 

Hopkins,  Stephen,  268,  310,  400.  423,  537; 
deputy  for  Uaterburv,  2,  27,  52,  79, 119, 
156,  258,  285,  330,  356,  364: Timo- 
thy, deputy  for  Waterburv,  221;  jus- 
tice, 29,  81,  159,  224,  288,  367,  448: 

Captain,  439. 

Hopson,  Samuel,  justice,  288,  367,  448, 
514. 

Horses,  act  relating  to  stolen,  repealed, 
554. 

Horsford,  Obadiah,  25: Timothy,  11, 

299. 

Horskins,  Anthony,  142 : Joseph,  en- 
sign, 577: Zebulon,  474, 

Hosmer,  Robert,  comet,  557 : Stephen, 

deputy  for  East  Haddam,  415,  445;  Jus- 
tice, 447,  513:  Uriah,  468;  deputy 

for  Killingly,  364,  415,  445,  511;  quarter- 
master, 331;  lieutenant,  368. 

Eotchkiss,  Caleb,  556:  Jacob,  251: 

John,   ensign,  418:  Stephen, 

265,  271: Thomas,  captain,  84. 

Hough,  Jonathan,  242,  344. 

Houghton,  Jonas,  100. 

Hou>e  of  correction  regulated,  137,  172, 
505. 

How,   Eleazer,   100:   Isaac,   ensign, 

209: Sampson,  106: Zechariah 

and  Marv,  478. 

Howell,  Matthew,  416. 

Hoxsey,  John,  299,  302. 

Hubbard,    Daniel,   lieutenant,    259:   

George,  lieutenant,  34: Isaac,  lieu- 
tenant,  369:  John,  532,  534,  556; 

lieutenant,  161;    captain,  547;  justice, 

448,  514. 

Hubbell,  David,  301:  Ephraim,  491: 

Richard,  captain,  84. 

Huit,  Joseph,  captain,  552. 

Hull,  Joseph,  deputy  for  Derby,  487: 

Josiah  and  Samuel,  474:  — ^Nathaniel, 
ensign,  228. 

Hulls,  Benjamin,  197 :  Samuel,  lieu- 
tenant, 418. 

Humphrey,  John,  249,  274,  540;  deputy 
for  Symsbury,  2,  52,  119,  155,  188,  221, 
258,  329,  355,  364,  414,  445.  511,  552; 
justice,  29,  81,  158,  224,  288,  367,  447, 
514: Samuel,  125. 

Hunt,  John,  100. 

Huntington,  Daniel,  237:  Hezekiah, 

68,  113,  173,  206,  254,  263,305,  420,512; 
deputy  for  Norwich,  2,  26,  78, 119,  156, 
•188,  2*21,  258,285,  551;  in  nomination, 
264,  340,  420,  490,  552;  chosen  assist- 
ant, 286,  365,  446;  in  court,  322,  329, 
355,  364,  414,  444,485,  510;  auditor,  289, 
453;  justice,  81, 159,  224,  515;  lieutenant, 
162;'lieutenant-v.'olone],  279;  commissa- 
ry, 324: Isaac,  deputy  for  Norwich, 

52,  364,  445;  justice,  159;  224,  288,  367, 
448,  514: Jabez,  15,  325,  411;  cap- 
tain, 3;  colonel,  280;  deputy  for  Wind- 


ham, 26,  78,  119,  155,  188,  221,  258,  285, 
323,  329,  355,  364,  486,  551;  in  nomina- 
tion, 340: John,  47,  49,  535;  jus- 
tice, 29:  Jonathan,  136,  173,  299, 

423,504,  574;  auditor,  515;  deputy  for 
Windham.  364,  510,  551;  justice,  30,  82, 

159,  225,  289,  368,  448,  515 : .Joshua, 

256,  421,  534;  deputy  for  Norwich,  285, 
323,  329,  355,  364,  414,  445,  511,  551; 
ensign,  193 ;  lieutenant,  335 ;  justice,  288, 

•368,  448,  515: Matthew,  350: 

Nathaniel,  justice,  368,  449,  515:  

Peter,  ensign,  488 : Thomas,  deputy 

for  Mansfield,  2. 

Kurd,  Daniel,  493: David,  537:  

Za'dock,  487. 

Hurlburt,  Daniel  and  Esther,  142: Eb- 

enezer,  110;  proprietors  of  Windsor  v.. 

207,  256,  315: lohn,  45,  305,  350; 

Joseph,  233: Joshua,  ensign,  163 

lieutenant,  341 ; Stephen  and  Han- 
nah, 5:  Titus,  113;  commander  of 

New  London  fort,  518. 

Hutchins,  John,  quarter-master,  190;  cor- 
net, 441: Joshua,  ensign,  261. 

Hutchinson.   Edward,  23,  51:  John, 

ensign,  577 : Joshua,  205 : Sam- 
uel, 535 ;  lieutenant,  120,  331. 

Idle  poor,  duty  of  selectmen  concerning, 
570;  how  disposed  of,  137. 

Indians,  provisions  for  educating,  &c.,  6, 
37,  85,  93;  above  New  Fairfield,  38:  land 
reserved  by  Chickens,  66,  97,  478,  531; 
Ben  Uncas  becomes  christian,  72;  Mo- 
hegans  complain  of  trespass,  93,  237; 
Mohegaus  propose  to  join  with  New 
London  north  society,  245:  Atchetoset 
and  family  become  christians,  372 ;  Pe- 
quots  at  Groton,  411,  overseers  appointed 
for,  397;  at  Potatuck,  provision  for  in- 
structing, 480,  503 ;  school-house  at  Mo- 
hegan  to  be  repaired,  509;  Mohegan 
council  established,  517;  Moravian  mis- 
sion among,  noticed,  521;  provision  for 
settling  peace  with,  in  case  of  war  with 
France,  568.     See  Mohegan. 

Ingalls,  .John,  lieutenant,  374. 

Ingraham,  Benjamin,  423: Isaac,  145. 

Intestate  estates:  address  to  be  made  to 
the  king,  283;  loan  made  to  Tousey, 
463 ;  colonial  agent  to  aid  Tousey  against 
Clark,  506;  provisions  for  setting  out 
widow's  dower,  56. 

Ives,  Gideon,  25,  232: Jonathan,  250: 

Lazarus,  251. 

Jackson,  Sarah,  44. 

Jacobs,  Samuel,  144. 

Jarvis,  Samuel,  ensign,  226 ;  captain,  430. 

Jessup,  Ebenezer,  407,  479. 

Jewett,  Nathan,  ensign,  332. 

Johnson,  Benjamin,  350: Caleb,  541; 

quarter-master,  554:    Daniel,    94: 

Ebenezer  and  Lydia,  7 :  Gid- 
eon, 177;  lieutenant,   557:   Isaac, 

202,  213,  250: Jacob,  307,  540;  dep- 
uty for   Wallingford,  27;   James, 

541:  Joseph,  ensign,  487;  lieuten- 


INDEX. 


693 


ant,  545:  Nathaniel,    ensign,   261; 

lieutenant,  396,  555:   Obadiah.  307; 

depiitv  for  Canterbury,  119;  lieutenaiit, 

260 ;  captain,  291 : ^"Stephen,  350 : 

Thomas,  captain,  203;  deputy  for  Mid- 

dletown,  221,  259:  William,  deputy 

for  Maastiel J,  486,  511 : Zechariali, 

517. 

Jones,  Caleb  and  Mary,  478: Hannah, 

312:  Isaac,  537;  deputv  for  Col- 
chester, 221 : Rachel,  70: Sam- 
uel, 70,  312,  435. 

Judd,  Anthony,  deputy  for    Farmington, 

27,  52,  119,  222,  285,  323,  364: Kb- 

enezer  and  Hannah,  64,  101: .loiin, 

ensign,  375;  lieutenant,  546:  Thom- 
as, justice,  29:    William,  9,   190; 

deputy  for  Waterbury,  27,  221,  258. 

Judea,  in  Woodbury,  constituted  a  society, 
423;  meeting-house,  477. 

Judges,  fees  or  pay  of,  35,  92,  391,  525;  to 
be  commissioned  and  sworn,  454;  to  con- 
sider proper  sentence  for  mayhem,  579. 

.Judgment,  confession  of,  458. 

Juilsoii,  David,  257;  captain,  192;  deputy 
for  Stratford,  364. 

Justices,  jurisdiction  of,  90,  458:  pleading 
in  abatement  before,  34;  exempt  from 
militia  duty,  379. 

Ka'e,  Indian  woman,  special  court  to  try, 
122. 

Rating,  Richard,  59. 

Keeler,  Joseph,  justice,  30. 

Keeney's  ferry,  fare  of,  109. 

Keith,' .John,  420. 

Kellogg,  Isaac,  lieutenant,  54: John, 

217:    Martin,   236,  245,  248,   3o3; 

captain,    12;   deputy   for    Wethersfield, 

551:    Nathaniel,    lieutenant,    646: 

Samuel,  144. 

Kelsey,  Ephraim,  128 :  Isaac,  captain, 

228";  deputy  for  Killlngworth,  330,  355: 
Stephen,  310. 

Kendal,  Isaac,  deputy  for  Ashford,  27,  52, 
79,  330,  356,  365,  444;  justice,  368,  449. 

Kensington,  parts  of  Middletown  and,  ask. 
to  be  a  society,  478,  494;  in  disorder, 
524. 

Kent,  to  be  sold,  136;  named,  &c.,  170;  in 
Hartford  county,  171;  bounds,  172,  200, 
215;  allowance  for  sale  of,  173;  town 
privileges  granted,  266 ;  meeting  house, 
304,  351;  in  distress,  472;  iu  Litchfield 
probate  district,  504;  enlarged,  548;  ec- 
clesiastical tax,  572 ;  Indians  at,  38,  480, 
521. 

Kent,  Rev.  Elisha,  480. 

Kesson,  John,  deputy  for  Voluntown,  364, 
415. 

Ketcham,  .Joseph,  captJiin,  225. 

Kilbourn,  Ebeuezer,  143,  410:  — 
ensign,  547. 

Killam,  Siimuel,  ensign,  160. 

Killingly,  meeting-house,  423,  481,  504, 
536,  573;  bridge  in,  471;  BiUv.,  46S;  v. 
J.  Thompson,  283,  470. 

Killingworth,  highways  iu,  240 ;  north  soci- 

73 


ety  may  imbody,  112;  meeting-house 
north  society,  15,  40. 

Kimberly,  Thomas,  45. 

King:  address  to  be  made  to,  on  law  of  in- 
testate estates,  283 ;  instructions  from,  as 
to  rates  of  coins,  352,  as  to  war,  296, 
324;  order  of  prayers  for  royal  family, 
390. 

King.  Henry,  470. 

Kingsbury,  Ephraim,  deputv  for  Plainfield, 
2,  26,  53,  188,  415;  ensign,  122: Jo- 
seph, 199,  232,  247 ;  deputy  for  Norwich, 

156,  221,  486:  Nathaniel,  303,  536: 

Samuel,  8,  48. 

Kingsley,  .Fohii,  353: Josiah,  quarter- 
master, 419. 

Kinney,  Jeremiali,  204;  lieutenant,  291: 
Joseph,  409. 

Kirtland,  l^liilip,  lieutenant,  33. 

Knapp,  Ebenezer,  408 : Israel,  captain, 

546: John,  lieutenant,   430:  

Samuel,  lieutenant,  227. 

Knickerbocker,  Lawrence,  180,  269. 

Knowles,  Isaac,  394: Samuel,  ensign, 

193;  lieutenant,    3.32:    Seth,    541: 

Thomas,    172,   533;    captain,    11; 

deputy  for  Woodbury,  258;  grant  of  land 
to,  102. 

Knowlton,  Robert,  deputy  for  Ashford, 
259,  444,  486,  511,  551. 

Lad,  Nathaniel,  338. 

Lamb,  David,  403 : Thomas,  306 ;  land 

purchased  by,  63,  86,  194,  474. 

Lambert,  David,  ensign,  192. 

Lane,  John,  111,  141,  217,  305,  350,  479; 
deputy  for  Killingworth,  27,  53,  79,  119, 
188,  259,  330,  355,  415,  445,  487,  511; 
justice,  82,  159,  224,  288,  367,  448,  614: 
Jonathan,  302 ;  deputy  for  Killing- 
worth,  119,  188,  221,322,  487,  552. 

Langdon,  Paul,  301:  Samuel,  lieuten- 
ant, 375. 

Latham,  Cary  and  Joseph,  244. 

Lattimore,  Jonathan,  ensign,  71;  captain, 
121:  Robert,  18,  432. 

Law,  Jonathan,  59,313,363,  509,  550,  578; 
in  nomination,  5,  58,  122,  195,  340,  419, 
490,  552;  chosen  deputy  governor,  28, 
79,  157,  222,  286,  365,  governor,  416,  446, 
512;  in  court,  1,  26,  52,  78,  118,  155,  188, 
220,  258,  284,  322,  329,  355,  364,  414, 
444,485,  510,  551;  chief  judge,  28,  80, 

157,  223,  287;  agent  in  Mohegan  case, 
165,  219. 

Lawful  money,  what,  352,  453,  457. 

Laws,  to  be  sent  to  Board  of  Trade,  356, 
to  colonial  agent,  517;  to  be  revised,  465, 
505. 

Lawrence,  Daniel,  deputv  for  Plainfield, 
119,  415;  captain,  32; 'lieutenant,  488: 
Isaac,  ensign,  84 ;  lieutenant,  227. 

Lazell,  .Joshua,  199. 

Leach,  Ebenezer,  536. 

Leavinz,  Esther,  234: James,  deputy 

for   Killingly,  2,  27:  Joseph,  503, 

535;  deputy  for  Killingly,  79,  155,  222, 


594 


INDEX. 


285,  323,  445,  486,  511,  551;  I'ustice,  30, 
82,  159,  225,  289,  368,  448,  515. 

Leavitt,  Asaph,  348,  411. 

Lebanon,  vote  of  first  society  confirmed, 
268;  town-records  mutilated,  298,  343; 
troop  may  be  formed  in,  408;  Coventry, 
Hebron  and,  society  asked  for  from  parts 
of,  536. 

Lechmere,  Thomas,  Winthrop  v.,  referred 
to,  18,  283,  433. 

Ledyard,  Isaac  and  Elizabeth,  86, 140,  413: 
John,  275,  314,  377,  436,  521;  dep- 
uty for  Groton,  445,  486,  511,  551;  jus- 
tice, 81,  159,  224,  288,  368,  448,  515. 

Lee,   Hezekiah,    deputy  for    Farmington, 

444;  captain,  544: Isaac,  captain, 

165: Jared,  564;  ensign,  547: 

James,  564:  John,  507,  536;  cap- 
tain, 120;  deputy  for  Lyme,  52, 156,  551 : 

Joseph,  308;  deputy  for  Lj-me,  221, 

285,  323 ;  lieutenant,  225 : Samuel, 

captain,  453: Stephen.,  438;  deputy 

for  Lyme,  26,  258,  365,  414,  486;  jus- 
tice, 509,  515: Thomas,  38;  justice, 

30,  81,  159,  224,  288,  367,  448,  514. 

Leet,  Caleb,  deputy  for  Guilford,  285,  322 : 

Pelatiah,  175 ;  deputy  for  Guilford, 

2,  27.  156,  188,  221,  285,  322. 

LeflSngwell,  Benajah,  346 : John,  465 : 

Nathaniel,  46. 

Leonard,    Ebenezer,    captain,    418:  

William,  234. 

Lewis,  Caleb,  425,  539 : Edmund,  25, 

64, 86, 102, 108 ;  deputy  for  Stratford,  258 ; 
in  nomination,  6,  58, 122,  195 ;  elected  as- 
sistant, 28,  80,  157 ;  in  court,  1,  26,  52, 
78,118,  155,  188,  221;  committee,  107, 
136,  154,  172,  173,  200,  214,  270;  justice, 
225;   288,  515;   lieutenant-colonel,  279: 

John,    captain,    31;   ensign,    449: 

Jonathan,  lieutenant,  165;  captain, 

430:  Joseph,  deputy  for  Water- 
bury,  2,  79,  119,  189,  414: Shubael 

and  Thomas,  541. 

Lines,  Ralph,  251. 

Linsley,  John,  ensign,  555. 

Listers,  duty  of,  55,  129. 

Lists,  13,  4'l,  69,  91,  123,  174,  198,  255, 
275,  311,  339,  373,  429,  467,  507,  528, 
563. 

Litchfield,  doomed  for  taxes,  296;  probate 
court  established  at,  504. 

Littlefield,  Samuel  and  SibiU,  150. 

Loans,  see  Treasury. 

Lockwood,  Daniel,  197 : David,  dep- 
uty for   Greenwich,    2,    221,    414: 

James,  deputy  for  Norwalk,  1, 156,  258, 
285,  323,  329,  356,  486;  captain,  83; 
major,  281;  justice,  159,  225,  289,  368, 
448: John,  10: Joseph,  116. 

Loomis,  Azariah,  lieutenant,  544: Ja- 
cob, captain,  543 : Joseph,  captain, 

16: Josiah,    399:  Nathaniel, 

536: Odiah  and  Sarah,  477. 

Lord,   Andrew,  deputy  for   Saybrook,  2, 

78,  119,  552;  lieutenant,  557:' Epa- 

phras,  deputy  for  Colchester,  552 : 

James  ensign,  163 : Richard,  46,  111, 

308,  536 ;  deputy  for  Lyme,  2,  26,  78, 119, 


330,  356,  445,  511,  551;  iustice,  30,  81, 
159,  224,  288,  367,  448,  514:  Sam- 
el, 496;  ensign,  546. 

Lothrop,   Benjamin   and  Israel,   94:  

Ebenezer,  ensign,  335;  lieutenant,  488: 

Elisha,   ensign,    226:    John, 

lieutenant,  84;  captain,  160:  Sam- 
uel, lieutenant,  84;  captain,  227;  justice, 

515: Simon,  47,  68,  112,  lis,  146, 

173,  254,  255,  263,  305,  346;  captain, 
162;  deputy  for  Norwich,  2,  486,  511. 

Lovejoy,  Anne,  500. 

Lovelaiad,  Elisha,  220. 

Lucey,  Josiah  and  Sarah,  109. 

Lumm,  John,  captain,  565. 

Lyman,  Ebenezer,  266,  293;  deputy  for 
Durham,  119: 'Moses,  ensign,  548. 

Lyme,  meeting-house,  12,  61,  95;  v.  East 
Haddam,  25;  and  East  Haddam,  new 
society  asked  for  from,  479,  granted  and 
called' Hadlyme,  495. 

Lynde,    Nathaniel,  479:  Samuel,  in 

nomination,  5,  58,  122,  195,  264,  340, 
419,  490,  552;  chosen  assistant,  28,  80, 
157,  222,  286,  365,  446,  512;  in  court,  1, 
26,  52,  78,  118,  155,  188,  221,  258,  284, 
322,  329,  355,  364,  414,  444,  485,  510, 
551;  committee,  15,  86,  92,  93,  111, 
136,  140,  141,  159,  173,  213,  217,  237, 
247,  272,  302,  314,  315,  472,  491,  518, 
528;  auditor,  30,  229,  289;  judge,  comity 
court,  28,  80,  157,  223,  287,  366,  446, 
513;  major,  39,  colonel,  280. 

Lyon,  Abel,  deputy  for  Pomfret,  53: 

John,  Brush  v.  "107,  152,  176,  208,  348, 

398:  Jonathan,  ensign,  293:  

Joseph,  64. 

Mackee,  Robert,  265. 

McUre,  Matthew  and  JIary,  305. 

^lalbone,  Godfrey,  410;  asks  for  ferry,  68 
11.3, 

Mallary,  Stephen,  ferry  granted  to,  150. 

Maltby,  Daniel,  145: Jonathan,  112, 

127,  408,  480 ;  deputy  for  Stamford,  27, 
53,  78,  119,  156,  189.'  221,  259,  285,  330, 
356,  365,  414,  4S6;  auditor,  85;  captain, 
227;  justice,  82,  159,  225,  289,  368,  448, 

515 : Samuel,  deputy  for  Branford, 

221. 

Mannatuck  Hill,  100. 

Manning,  John,  lieutenant,  371. 

Mansfield,  north  part  asks  to  be  a  society, 
46;  bounds  of  societies,  115,  124;  meet- 
ing-house, 534,  573. 

Mansfield,  Josiah,  250. 

Manufactures:  hemp,  &c.,  318,  potash, 
395,  538,  steel,  338,  574. 

Jlap  of  New  England,  Dr.  Douglas  pro- 
poses to  publish,  575. 

Markham,  John,  541: William,  411. 

Marlborough,  may  hire  minister,  49. 

Mar^h,  Ebenezer,  deputy  for  Litchfield 
285,  323,  364,  415,  445,  486,  511,  551 
ensign,  161;  major,  441;  probate  judge 

509,  514;  justice,  509,  514:  John 

deputy  for  Hartford,  1,  26,  52,  78,  119 
155,  188,  221,  258,  285,  322,  329,  355 
364,  414,   486,  510,  551;  committee,  8 


INDEX. 


695 


12,  39,  47,  51,  65.  69,  85,  95,  118,  135, 
206,  252,  321,  353,  417,  425,  428,  437, 
441,463,  472,  536,  576;  justice,  29,  81, 
158,224,  288,  367,  447,513;  of  council 

of  war,  314,  567:  Rev.  Joniitlian, 

210,  310;  preached  election  sermon,  30: 

Joseph,    535: William,    175, 

402;  deputy  for  Plainfield,  26,  53,  78, 
156,  330,  356,  445,  511. 

Marshall,  Eliakim,  315. 

Martyn,  Sarah,  497. 

JJarv'in,  John.  127;  deputy  for  Norwalk, 

156: Matthew,  308; 'lieutenant,  415, 

captain,  545 : Reynold,  244. 

Mason,  John,  37,  206 : ' Samuel,  206 ; 

ensign,  59. 

Massachusetts  boundary,  252,  469. 

Massapeag,  ferry  askecl  for  near,  68, 113, 
173,  254,  265,  305,  350. 

Mather,  Joseph,  lieutenant,  160;  ensign, 
372: Samuel,  12;  deputy  for  Wind- 
sor, 156,  188,  414,  445,  511  ;"^)ustice,  29, 
81,  158,  224,  288,  367,  447,  514. 

Mathews,  Abel,  251 :  —  Caleb,  ensign,  488 : 
Thomas,  438. 

May,  Hezekiah,  63. 

Mayhem  punished,  578. 

Meach,  Daniel  and  Moses,  403 : John, 

128. 

Mead,  Ebenezer,  deputy  for  Greenwich, 
79    156,  285.323;  captain,  163;  justice, 

30i  82,  159,  225,  289,  368,  448,  515: 

Jabez,  deputy  for  Greenwich,  188,  221, 
259,  285,  364,'  445,  552 : John,  cap- 
tain. 4;  deputy  for  Greenwich,  414,  487, 
511,552. 

Meigs,    Janna,   141,  246;  justice,   29,   81, 

159,  224;   lieutenant,  4i6: Josiah, 

ensign,  374;  lieutenant,  547. 

Merrels,  Benjamin,  lieutenant,  452. 

Merriam,  Wil'liam,  ensign,  565. 

Merrick,  John,  captam,  229 ;  justice,  367. 

Merriaian,  Eliasaph,  ensign,  9;  lieutenant, 

296;  captain,    547:   George,  John 

and  Susanna,  114. 

Messenger,  Daniel,  142. 

Middle-Haddam,  parish  constituted,  231; 
meeting-house,  272,  316:  ecclesiastical 
tax,  310;  military  company,  411;  in 
East  Haddam  probate  district,  441. 

MidiUesex,  in  Stamford  and  Norwalk, 
made  a  society,  144;  meeting-house, 
196,  231,  238. 

Middletown,  v.  Wallingford,  25,  60,  470; 
bounds,  97 ;  strays  and  lost  goods  where 
posted,  90;  feiTy  granted  to,  112.  475; 
parts  of  Haddam  and,  ask  to  be  a  soci- 
ety 218,  granted,  231;  northwest  part 
ask  to  be  a  society,  406,  478,  494;  winter 
privileges  granted  part  of,  541 ;  part  set 
to  East  Haddam  probate  district,  440, 
459;  Murwinv.,  315,  349. 

Miles,  James,  ensign,  547 ;  lieutenant,  554 : 

Joseph,  2i3,   239:   Thomas, 

232,  265,  271;  major,  281. 

Milibrd,  parts  of  New  Haven  and,  ask  to 
be  a  society,  154,  177;  granted  and 
called  Amity,  201. 


Military  affairs:  penalty  for  officers  and 
soldiers  neglect  of  diity,  20,  141;  men 
aged  fifty  exempted  from  service,  36; 
militia  divided  into  regiments,  277;  field 
officers  appointed,  279,  317,  441,  468; 
general  act  regulating  militia,  379; 
troops  may  be  formed  in  Lebanon,  408; 
Col.  Bland's  tactics  adopted,  568;  defence 
of  New  London,  275,  313,  340,  442;  ex- 
poilition  to  Spanish  VVest  Indies,  295, 
324,  354,  420;  council  of  war  a])pointed, 
314,  567;  J.  Rockwell  impresses  one 
without  authority,  316.;  punishment  of 
deserters,  140;  military  stores  to  be  pro- 
vided, 361;  enemy  supposed  to  have 
have  landed  on  Long  Island,  438;  volun- 
teers raised  for  recruiting  army  in  W.  I., 
439,  460;  preparations  for  war  with 
France,  567. — See  Sloop. 

Miller,  Benjamin,  ensign.  342: David, 

534:  '-  Jeremiah,  86,   140,  219,  321, 

518,  567;  deputy  for  New  London,  78, 
188,  221,  444,  510,  551;  justice.  30,  81, 

159,  224,  288,  368,  448,  514: Martha, 

308 : Thomas,  104. 

Millington,  in  East  Haddam,  meeting- 
house, 46,  76;  ecclesiastical  tax,  153. 

Mills,  Rev.  .Jedidiah,  71: John,  216, 

309,  335,  349,  397,  401;  lieutenant,  294: 

I'elatiah,   540,    575;  captain,   160: 

Peter,  77,  96. 

Minor,  Benjamin  and  Clement,  427: 

Elnathan  and  Stephen,  141 : Joseph, 

deputy  for  Woodbury,  27,  53,  188;  pro- 
bate judge,  29,  81,  158,  224,  287,  367, 
447,  513;  justice,  30,   82,  159,  225,289, 

368,  448,  515 ;  colonel,  281 : Rufus, 

ensign,   190;  lieutenant,  290,   347: 

Samuel,  deputy  for  Woodbury,  444,  486: 

Simeon,  428 ;  deputy  for   Stoning- 

ton,  258,  365,511,  551;  justice,  368,  448, 
515 : Thomas,  347 ;  captain,  55. 

Mitcheil,  John,  ensign,  11;  lieutenant,  86; 

deputy  for    Woodbury,    329,  356:  

Kneil,"  deputy  for  Woodburv,  365. 

Mix,  Daniel  and  Ruth,  373 : " Joseph, 

231,  238;  deputy  for  New  Haven,  52,  78: 
Samuel,  437,  530,  532,  556. 

Mohegan,  Indian  school-house  to  be  re- 
paired, 509;  council  established,  517. 

Mohegan  case,  agents  appointed  for,  165, 
462,  520;  agents  may  compromise,  507; 
report  of  committee  on,  206;  grants  to 
agents,  237,  560,  577,  to  commissioners, 
202,219,  518;  expences  of  commission, 
254,  255,  554;  provision  for  openhig  and 
adjourning  court  at  New  London,  297; 
Board  of  Trade  report  in  favor  of  new 
trial,  362. 

Molthrop,  Joseph,  144. 

Money,  lawful,  what,  352 ;  rate  at  which 
gold  shall  pass,  453,  silver,  457. 

Monroe,  John,  204: Samuel,  436. 

Moodey,  Ebenezer  and  Anne,  426. 

Moor,  John,  265: William,  127. 

Moravian  mission  noticed,  521. 

Morehouse,   Abraham,  ensign,  545: r 

Joshua,  238. 


696 


INDEX. 


Morgan,  Abraham,  ensign,  121 : James, 

184,  217:    John,  411;  ensign,    58; 

lieutenant,  190 : Jonathan,  491 : 

Samuel,  deputy  for  Preston,  415,  445, 
511;  ensign,  494;  justice,  515: Wil- 
liam, deputy  for  Groton,  119. 

Mon-is,   Samuel,  185,  471:  Thomas, 

250. 

Moseley,  Abner,  218;  ensign,  164;  lieuten- 
ant, 546: Increase,  lieutenant,  419; 

captain,  558. 

Moses,  Aaron,  62,  102 : Timothy,  77. 

Moss,  James,  495. 

Mumford,  Thomas,  captain,  58. 

Munger,  Ebenezer,  349 : John,  Jona- 
than, Josiah  and  Rachel,  566. 

Munson,  Israel,  ensign,  83: Joel,  250: 

John,  325. 

Murdock,  Samuel,  comet,  228;  captain, 
418. 

Murwin,  Daniel,  315,  349. 

Nash,  Thomas,  248. 

Neal,  John,  558. 

Nevil,  John,  110. 

New  Canaan,  John  Kellogg  set  off  from, 
217. 

New  Concord,  in  Norwich,  named,  &c., 
93;  meeting-house,  151,  175,  212,  242, 
262,  303,  344,  404,  437 ;  may  imbody  as 
church.  206;  ecclesiastical  tax,  181. 

New  Dellaway,  181. 

New  Fairfield,  patent  may  be  granted  for, 
62;  powers  of  proprietors,  104;  proprie- 
tors' clerk  may  record  deeds,  194 ;  town 
privileges  granted,  303;  brand,  310; 
meeting-house,  350,  426;  ecclesiastical 
tax,  351,468,  491;  divided  into  two  so- 
cieties, 475. 

New  Hartford,  ecclesiastical  tax.  111,  150, 
310  ;  to^-n  privileges  granted,  210  ; 
meeting-house,  249,  274;  Indian  claims, 
236;  brand,  522. 

New  Haven,  grant  to  west  society,  25,  50, 
244;  bounds  of  east  and  north  societies, 
145;  Chestnut  Hill  asks  to  be  a  society, 
154,  177,  granted  and  called  Amity,  201; 
some  set  off  from  first  society,  250,  251, 
bridge  in,  139 ;  fare  of  ferrj','  460 ;  seats 
to  be  made  in  council-chamber,  202, 283, 
354,  441. 

New  London,  v.  Norwich,  284;  Richards 
and  Douglao  v.,  17;  fort  at,  93,  275,  311, 
313,  340,  468,  517,  567 ;  meeting-house, 
north  society,  245,  first  society,  247,272; 
neglects  to 'return  list,  290,  '443;  Neck 
and  Niantic  school  society  divided,  428, 
532;  soldiers  sent  to,  442;  Shepherd's 
Tent,  500;  north  society,  see  Hillhouse. 

New  London  county,  spring  election  in, 
277. 

New  London  Society,  settlement  of  affairs 
of,  24.  69.  73,  234,  471. 

New  Milford,  enlarged.  401;  bridge  in,  49, 
405,  479;  parts  of  Danbury,  Newtown 
and,  ask  to  be  a  society,  533. 

New  Salem,  see  Salem. 

New  Scituate,  256. 

Newberry,  Roger,  51,  62,  75, 102, 107, 118, 


143,  214;  deputy  for  Windsor,  2,  27,  53, 
79,  119,  156,  188,  222,  258,  285,  323;  au- 
ditor, 30,  92,  173;  commissioner  on 
Massachusetts  boundary,  ^53. 

Newcomb,  Obadiah,   536*:   Thomas, 

lieutenant,  55. 

Newell,  John,  captain,  164: Samuel, 

504. 

Newman,  Jonathan,  ensign,  164. 

Newton,  Fletcher,  202;  ensign,  164;  lieu- 
tenant, 226 : Israel,  344.  404  ;  deputy 

for  Colchester,  2,  27,  53,  78,  119,  189, 
221,  285,  323,  330,  356,  364,  415,  444; 
justice,  29,  81,  158,  224.  288.  367,  447, 

514:  Roger,   478,  531;  deputv  for 

Milford,  1,  52,  7?,  330,356,  364;  speaker, 
2;  in  nomination,  5,  58,  122,  195,264, 
420,  490,  552 ;  chosen  assistant,  28,  80, 
157,  222,  446,  512;  in  court,  26, 118, 155, 

188,  221,  258,  485,  510,  551 ;  colonel,  279 ; 
judge,  county  court,  86,  157,  223,  287, 
446,  513;  justice,  288,367. 

Newtown,  parts  of  Danbury,  New  Jlilford 
and,  a^k  to  be  a  society,  533. 

Niantic  Ferry,  fare  of,  353,  428;  Indians, 
provision  for  educating  children  of,  38_, 
lands,  528;  school-society  divided,  428, 
532. 

Nichols,  John,  ensign,  370:  Joseph, 

196;  captain.  163: Theophilus,  66, 

95,  165,  270,  421,  426,476,  495,  542,  543, 
569;  auditor,  30;  deputv  for  Stratford, 
27,  119,  155,  188,  258.  285,  323,  329,  356, 
364,  415,  445,  4^6,  511,  552;  captain, 
261;  justice,  159,  223,  2S9,  368,  448,  515: 
iMr.,  post-master  at  N.  Y.,  353. 

Nile-s,  John.  243. 

Noble,  David,  ensign,  553: Stephen, 

deputv  for  New  Milford,  78,   119,  156, 

189,  221. 

Non-residents,  attorneys  foi',  names  to  be 
recorded.  168. 

Norfolk,  to  be  sold,  135;  named,  &c.,  169; 
in  Hartford  county,  171;  sale  deferired, 
219;  land  bought  "by  Hosford  in,  299. 

Norkitt,  William,  541. 

Norman,  James,  46. 

North  Haven,  meeting-house,  232,  250 ;  so- 
ciety enlarged,  250. 

Northbuiy,  in  Waterbury,  made  a  parish, 
271;  in  disorder,  373;  meeting-house, 
424. 

Northrop.  Joel,  154,  201;  ensign,  342: 

John,  350. 

Northrop's  farms,  with  part  of  New  Haven, 
ask  to  be  a  society,  154. 

Norton,  Daniel,  566: John,  438. 

Norwalk,  part  of  Stamford  and,  ask  to  be 
a  society,  63,  94;  granted  and  named 
Middlesex,  144. 

Norwich,  ecclesiastical  society  asked  for 
in  west  part,  65,  granted  and  called  New 
Concord,  93 ;  bridge  in,  153 ;  ferr\'  granted 
D.  Hall,  465;  highways  in,  346;  lower 
house  propose  to  adjourn  to,  165 ;  some 
of,  set  off  to  Preston,  350 ;  New  London 
I?.,  284. 

Nott,   Gershom,  410,  435:  John,  44: 

Jonathan,  208,  255. 


INDEX. 


597 


Noyes,  Belcher,  100: John,  183;  dep- 
uty for  Stonington,  120. 
Nye,  Ebenezer,  ensign,  32;  lieutenant,  83. 

Oath  6f  judges,  454. 

Occura.  Joshua  and  Sampson,  517. 

Olcott,  Benoni,  176. 

Olmsted,   Daniel,  captain,  33;  deputy  for 

Kidgcfield,  446,  511,  552: Kichard, 

lieutenant,  33 ;  captain,  488 : Sam- 

iiel,  captain,  192;  deputy  for  East  Had- 
dam,  53;  justice,  29,  81,  158,  224,  288. 
367,  447,  514:  William,  quarter- 
master, 34;  lieutenant,  162. 

Oronoke,  ferry  at,  150. 

Osborne,  Jeremiah,  202;  ensign,  11:  

John,  196:   Joseph  and   Thomas. 

394: Richard,  559. 

Otis,  Joseph,  315 :  Nathaniel,  cornet, 

34. 

Ovit,  Joseph,  493. 

Oxford,  parish  constituted,  394;  meeting- 
house, 415,  427,  may  imbody  as  church, 
541 ;  ecclesiastical  ~  tax,  542 ;  military 
company,  527. 

Packer,  James,  captain,  14;  v.  Groton,14: 
John,  15. 

Paddock,  Zechariah,  533. 

Page,  John  and  Moses,  145. 

Paine,  Elisha,  344,  404;  justice,  289,  368: 

Seth,  549 ;  deputy  for  Pomfret,  53, 

221:  Solomon,  deputy  for  Canter- 
bury, 285,  323,  356;   ensign,  291: 

William,  250. 

Palmer,  Benjamin,  ensign,  192 : Chris- 
topher,  ensign,   31:  Daniel,    141; 

deputy  for  Stonington,  79;  justice,  29, 
81,  1.59,  224: Eliakim,  579;  ap- 
pointed colonial  agent,   506;  laws,  &c., 

to  be  sent  to,  517,   578: Ichabod, 

141;  ensign,   120;  lieutenant,  261:  

John,  ensign,  292,  333: Joseph,  dep- 
uty for  Stonington,  26,  52,  156, 189,  221, 
285,  323,  445 ;  justice,  224,  288, 368,  448, 

515 : Nehemiah,  428 : Samuel, 

25,  401 ;  deputy  for  Hebron,  156. 

Parden,  Enos,  250. 

Park,  Hezekiah,  deputy  for  Preston,  26, 
53,  119,   156,    259,  3(35;  justice,  30,  81, 

159, 224,  368,  448 : Jacob,  411 : 

Joseph,  541;  lieutenant.  489:  Rob- 
ert, ensign,  489. 

Parker,  Edward,  ensign,  342 : John, 

537:    Nathaniel,   379,    537:    

Samuel,  deputy  for  Coventry,  26,  119, 
156,  221,  259,  364,  511,  552. 

Parkhurst,  John,  lieutenant,  32;  captain, 
260:  Joseph,  lieutenant,  331. 

Parliament,  acts  of,  to  be  printed,  352,  390. 

Parmele,  Isaac,  482 : Nathaniel,  lieu- 
tenant, 228;  deputy  for  Killingworth, 
415. 

Parsons,  Moses,  deputy  for  Durham,  155: 

Timothy,  ensign,  191;  lieutenant, 

369. 

Pattecunk  asks  to  be  a  society,  242;  grant- 
ed and  named  Chester,  344. 

Patterson,  John,   ensign,   165;  Keutenant, 


430: William,  quarter-master,  161; 

cornet,  331. 

Paupers,  provision  for  support  of,  253;  idle, 
disposed  of,  570. 

Peak,  Christopher,  420. 

Peck,    Benjamin,   401;   ensign,  100: 

Ephraim,  cajxtain,  343: Henry, 

ensign,  452: Jasper,    ensign,   451: 

James,  213,   239: Jeremiah, 

ensign,  16;  lieutenant,  128:  Na- 
thaniel, deputy  for  Greenwich,  26,  53, 
79,  119,  188.  "259,  285,  323,  364,  445; 
auditor,  2^9 ;  justice,  30,  82,   159,  289, 

368,  448,  515: Samuel,  250;  ensign, 

577: William  and  Jemima,  401. 

Peek,  Thomas,  409. 

Pcet,  Elnathan,   lieutenant,   161;  captain, 

330:  Thomas,  410: William, 

lieutenant,  163;  captain,  370. 

Pelham,  Rt.  Hon.  Henry,  440,  461. 

Pelton,  James,  315,  316. 

Pequots,  see  Indians. 

Perkins,  Daniel,  lieutenant,  83 : Jabez, 

ensign,  227;  justice,  30,  81,  159,  224, 
288,  368: Luke,  93,  112,  146;  dep- 
uty for  Groton,  2,  78;  justice,  80,  159, 
224,  288,  368,  448,  514;  lieutenant,  85; 
complains  of  Kev.  J.  Owen,  519,  555. 

Perry,  John,  42,  97,  197,  250 ;  deputy  for 

Ashford,  2,  155,  285,  323,  486: 'Yel- 

verton,  411;  ferry  granted,  to,  24. 

Pettibone,  Samuel," deputy  for  Symsbury, 
155;  lieutenant,  58,  333. 

Pettis,  Samuel,  94. 

Pettitt,  John,  .Jonathan  and  Samuel,  529. 

Phelps,  Ephraim,  127  : John,  40 : 

Joseph,  375;  deputy  for  Hebron,  2,  27, 
79,  119,  156,  189,  221,  259,  285,  323,  330, 
355.  364,  415,  445,  486,  511,  for  Syms- 
bury, 27,  79;  justice,  158,  224,  288,' 367, 
447,  514;  lieutenant,   32;  captain,  292: 

losiah,  110:  Noah,  315:  

Samuel,  541;  ensign,  61*: Timothy, 

lieutenant,  32. 

Phillips  V.  Savage  referred  to,  283:  

George,  112,  417;  deputy  for  Middle- 
town,  2,  27,  53,  79,  119,  156,  330,  356; 
captain  of  sloop  Defence,  412,  428. 

Philmore,  John,  ensign,  452. 

Phiniiey,  Jeremiah,  345. 

Physicians  licenced,  110,  311;  freed  from 
military  service,  379. 

Pickett,  John,  262 : Mary,  361. 

Pierce,  Edward,  540,  land  of,  given  Win- 
tonbury  school,  575: Samuel,  dep- 
uty for  Mansfield,  445,  551 : Thomas, 

deputy  for  Plainfield,  78,  285,  323,  552 : 
timothy,  15,  21,  256,  307 ;  in  nom- 
ination, 5,  58,  122,  195,  264,  340,  418, 
490,  552 ;  elected  assistant,  28,  80,  157 
222,  286,  365,  446,  512;  in  court,  1,  26* 
62,  78,  118,  155,  188,  221,  258,  284,  322 
329,  355,  364,  414,  444,  485,  510,  5Sl; 
committee,  136,  173,  321,  on  Rhode  Isl- 
and boundary,  295,.  489 ;  judge  county 
court,  28,  80',  158,  223,  287,  366,  447 
513,  probate  court,  29,  81,  158,  223,  287* 
366,  447,513;  colonel,  281. 


598 


INDEX 


PieqDont,  James,  may  build  bi-idge,  139: 

Joseph,  ensign,  451. 

Pierson,  Abraham,  justice,  30,  81,159,  224, 

288,  367,  418,  514. 
Pitcher,  Samuel,  233. 

Pitkin,  Joseph,  65,  95,  233,  249,  264,  393, 
412,  467,  478,  495,  573,  576 ;  deputy  for 
Hartford,  258,  364,   444;  captain, 'l91 ; 

lieutenant-colonel,  441 : Ozias,  6, 

328,  548;  in  nomination,  5,  58,  122,  195, 
264,  340,  418,  490,  552;  chosen  assistant, 
28,  80,  157,  222,  286,  365,  446,  512;  in 
court,  26,  78,  155,  221,  284,  322,  364, 
441,  510;  a'uditor,  173;  committee,  51, 
105,  118,  252,  254,  283,  472;  of  council 

of  war,    314,    567: Thomas,   532; 

lieutenant,    88;    captain,    228;    justice, 

447,  514: William,    43,    176,   328, 

479,  548;  in  nomination,  5,  58,  122,  195, 
264.  340,  420,  490,  552 ;  chosen  assistant, 
28,  80,  157,  222,  286,  365,  446,  512;  in 
court,  1,  26,  52,  78,  118,  155,  1§8,  221, 
258,  284,  322,  329,  355,  364,  414,  444, 
485,510,  551;  auditor,  85,  173;  commit- 
tee, 47,  51,  62,  97,  185,  186,  201,  243, 
275,  295,  325,  348,  398,  477;  judge, 
county  court,  28,  80,  157,  223,  287,  366, 
446,  513,  superior  court,  429,  446,  513; 
major,  279;  of  council  of  war,  314,  567. 

Plainfield,  Stoyel  &c.,  v.,  256;  doomed 
for  tax,  420.  - 

Piatt,  Joseph,  69;  deputy  for  Norwalk, 
119,  189,  221;  justice,  30,  82,  159,  225, 

289.  368,  448;  'lieutenant,  556. 
Pleading,  in  abatement  before  justices,  34; 

demurrers  not  allowed  after  pleading  to 
issue,  166. 

Plumb,  John,  Joshua  and  Peter,  204: 

Joseph,  175,  562. 

Pomroy,  Rev.  Benjamin,  proceedings 
against,  482,  566. 

Pond,  Phinehas,  145. 

Porter,  Amos,  lieutenant,  565 : Daniel, 

481,  542;  lieutenant,  226:  — ^ — Experi- 
ence, 65,  151,  175,  197,  212,  242,  250, 
481,  573;  dei)uty  for  Mansfield,  2,  52, 
119,  189,  259,  364,  415: John,  lieu- 
tenant, 419: Thomas,  captain,  192; 

deputy  for  Coventry,  78. 

Potash,  a  company  formed  to  manufac 
ture,  395,  538. 

Potatuck,  Indians  at,  to  be  instructed,  480 ; 
Moravian  mission  at,  521. 

Pratt,   Nathaniel  and  Samuel,   114:  

Peter,  401,  473,  503. 

Prentiss,   John,    10: Jonathan,   18: 

Joseph,  lieutenant,  121:  Ste- 
phen, 38,  428:  — —  Thomas,  275,  377; 
justice,  30,  81,  159,  224,  288: Val- 
entine, ensign,  86. 

Prescott,  Capt.,  460. 

Preston,  meeting  house.  111,  146;  some  set 
to,  from  Norwich,  350,  from  Stoniugton, 
403;  and  Voluntown  bounds,  108,  147. 

Preston,  John,  247':  .lonathan,  247, 

405:  William,  232,  263,  372,  533; 

deputy  for  Woodburv,  2,  78,  119,  156, 
188,  221,  285,  322,  414,  511,552;  justice, 


30,  82,  159,  225,  288,  368,  448,  515;  lieu- 
tenant-colonel, 281. 

Prindle,  Jonathan,  196. 

Probate  court,  appointment  of  guardians 
by,  5;  setting  out  widow's  dower  by, 
56 ;  copies  of  records  of,  to  be  sent  to  Eng- 
land, 283;  to  have  Seal,  454;  established 
at  East  Haddam,  440,  at  Litchfield,  504. 

Prohibition,  superior  court  may  grant  writs 
of,  360. 

Prout,  John,  231,  238,  294;  justice,  29,  81, 
159,  224,  288,  367. 

Punderson,  John,  15,  66,  75,  202,  206,  283, 
345,  442;  ensign,  370;  captain,  451. 

Quakers  Farm,  394. 
Quinetussett,  498. 

Randall,  John,  lieutenant,  261:  Mat- 
thew, ensign,  261. 

Ranney,  Joseph,  lieutenant,  229. 

Raymond,  Abraham,  548:  John,  en- 
sign, 83;  lieutenant,  333;  captain,  556: 
-^ —  Joshua,  25,  44,  47,  173,  204,  315; 
deputy  for  New' London,  52,  155,  486; 
justice,  159,  224,288,  368,448;  lieuten- 
ant, 160. 

Read,  John,  348,  468,  471;  captain,  259; 
deputy  for  Fairfield,  285,  329 ;  gi-ant  to, 
211,  317;  justice,  30,  82,  159,  225,  289, 
368,  448,  515:   Thomas,  63. 

Reading,  grant  to,  176;  tax  refunded,  534. 

Reynolds,  James,  deputy  for  Greenwich,  2, 
26,  53, 119,  156;  ensign,  261;  justice,  30, 
82,  159,  225,  289,  368:  John,  399. 

Rexford,  Daniel,  251. 

Rhode  Island,  bounds  with,  151,  294,  489. 

Rice,  Benjamin,  100:  Dorothy,  256. 

Rich,  Thomas,  544. 

Richards,  George,  13,  560;  lieutenant,  71; 

captain,  236^:   .John,  60,  219,  262, 

348,  411,  567;  deputy  for  New  London, 

26,  62,  78,  188,  221,  364,  444,  510,  551; 
clerk  of  lower  house,  53;  auditor,  85, 
372,  453,  515;  committee,  86,  92,  93,  136, 
140,  165,  166,  173,  206,  237,  242,  246,  283, 
393,  472,  479,  491,  518;  judge  of  probate, 
158,  223,  287,  366,  447,  513;  justice,  30, 
81,  159,  224,  288,  367,448,  514;  overseer 
of  Pequots,  397;  v.  New  London,  17;  v. 

Winthrop,  432 :  Samuel,  267 :  

Thomas,  64,  101,145;  ensign,  148;  lieu- 
tenant, 292. 

Richardson,  Jonathan,  496,  561. 
Ridgefield,    and    Danbury    bounds,    241; 

doomed  for  tax,  296. 
Riggs,    Ebenezer,    lieutenant,    565:    

John,  25,  202,  437 ;  deputy  for  Derby,  2, 

27,  53,  78,  119,  156,  189,  221,  258,  414, 
511,  552;  committee,  39,  46,  47,  95,  146, 
177,  206,  214,  313,  373,  424;  justice,  29, 

81,  158,  224,  288,  367,448,  514:  ' Jo-. 

seph  and  Samuel,  202. 

Riley,  David,  400 : Jonathan,  400, 492 : 

Stephen,  492. 

Ripley,  Jeremiah,  .Josiah  and  Peter,  407: 

— ^  Joshua,  justice,  30,  82,  159. 
Riptou,  in  Stratford,  grant  to,  71. 


599 


Eizley,  Abigail,  David,  Elizabeth  and  Na- 
thaniel, 44. 

Bobbins,  Jonathan,  lieutenant,  450. 

Roberts,  Lemuel,  77 ;  lieutenant,  577 :  

Richard,  77:  Samuel  and  William, 

479. 

Robinson,  John,  cornet,  418: Josiah, 

lieutenant,    565:   Samuel,   deputy 

for  Guilford,  188;  lieutenant,  3. 

Rockwell,  Daniel,  cornet,  120;  lieutenant, 

190: Jabez,  243:  James,  348, 

411:  John,  184,  243,  307:  Jo- 
seph, 316,  411:  Noah,  351. 

Rocky  Hill,  fare  of  ferry  at,  211. 

Rogers,  James,  18,  149,  432:  .Joanna, 

499 :  Samuel,  499 ;  lieutenant,  161 : 

William,  144. 

Root,  Jonathan,  198 : Samuel,  334, 530. 

Rose,  Samuel,  deputy  for  Branford,  329, 
355: Thomas,'350. 

Rossiter,  Theophilus,  ensign,  121 ;  captain, 
236. 

Rowland,  Samuel,  captain,  370. 

Rowley,  Ebenezer,  quit-claim  given  to,  9: 

Klnathan,  503: John,  ensign, 

291 :  Samuel,  21. 

Roxbury  made  a  society,  537. 

Royce,  Ezekiel,  captain,  565 :  Joseph, 

ensign,  203;  lieutenant,  417. 

Rudd,  Nathaniel,  captain,  32 ;  deputy  for 
Windham,  119. 

Rude,  .Tohn,  128. 

Rue,  Hezekiah  and  Thankful,  562: 

John,  lieutenant,  205. 

Rumsey,  Benjamin,  ensign,  3. 

Russell,  Abel  and  Eunice,  504 :  Ithiel, 

heutenant,  544: John,  111,  141, 198, 

850;  deputy  for  Branford,  2,  79,  119,  221, 
259,  323,  364;  clerk,  lower  house,  2,  79, 
120,  222,259,  365;  justice,  29,  81,  158, 
224,  288,  367,  448,  514;  lieutenant,  209: 

lonathan,  deputy  for  Branford,  156, 

189,  259,  552;  justice,  514;  lieutenant, 

82:  Nicholas  and  Elizabeth,  426: 

Timothy,  captain,  557. 

Rust.  Hezekiah\  541 : Samuel,  ensign, 

192. 

Sabin,  Benjamin,  deputy  for  Porafret,  2: 

Daniel,  captain,   487:  Heze- 

kiah,  deputy  for  Killingly,  79,  551;  cap- 
tain, 85;  major,  281: ^  John,  344,  404; 

deputy  for  I'omfret,  2,  26,  78,  155;  cap- 
tain, i60 :  Noah,  deputy  for  Pom- 
fret,  285,  .330,  356,  364. 

Sackett,  Samuel,  lieutenant,  61. 

Sadd,  Thomas,  ensign,  89. 

Sage,  David,  406,  494;  ensign,  565:  

Ebenezer,  49 :  John,  ensign,  294. 

St.  John,  Daniel,  ensign,  417:  Mat- 
thew, captam,  192 :  Samuel,  cornet, 

430. 

Salaries  granted,  50, 117, 154, 186,  235, 317, 
354,  412,  443,  484,  509,  550. 

Salem,  ecclesiastical  tax  in,  241,  533,  566. 

Salisbury,  to  be  sold,  136 ;  named,  &c.,  170 ; 
granted  town  privileges,  427;  lands  in, 
63,  86,  171,  180,  249,  269,  306,  473,  502, 
520;  ecclesiastical  tax,  470,  562;  in  dis- 


tress, 472 ;  in  Litchfield  probate  district, 
504. 

Salmon  Brook.  48;  society  constituted,  77; 
meeting  house,  251,  274. 

Saltonstall,   Gurdon,    325,   429,   436,  462; 

colonel,  279;  justice,  368,  448,  514: 

Natluiniel.  311.  313,  ni3;  deputy  for  New 
London,  268,  285,  322,  329,  355,' 414;  au- 
ditor, 2*-9;  commander  of  New  London 
fort,  340,  468. 

Sanford,  John,  captain,  61 ;  lieutenant,  396 : 
Lemuel,  ensign,  259. 

Saunders,  .lolin,  ensign,  33. 

Saxton,  Captain  Josepli,  141. 

Saybrook,  doomed  for  tax,  69;  special 
court  held  at,  122;  defence  of,  315;  ferry, 
460 ;  Pattecunk  asks  to  be  a  society,  242, 
granted  and  named  Chester,  344. 

Scandalum  magnatum,  548. 

Schoals:  avails  of  western  lands  appropri- 
ated for,  122,  334,  387,392;  reservations 
for  in  western  towns,  134 ;  private,  not  to 
be  set  up  without  licence,  500;  society 
in  New  London  divided,  428,  532;  land 
granted  to,  in  Wintonbury,  575;  masters 
of,  exempt  from  military  service,  379. 

Scone,  Joseph,  186. 

Scott,  David,  ensign,  292:  Edmund, 

242 :  Eleazer,  263. 

Scovel,  John,  lieutenant,  148:  Ste- 
phen, 495. 

Scudder,  Isaac,  quartei--master,  430. 

t>eaberry,  Benjamin,  quarter-master,  55; 
lieutenant,  259. 

Senger,  Shadrach  and  Mary,  299,  302. 

Seal,  county,  probate  and  superior  courts, 
to  have,  454. 

Seeley,    Ebenezer,   lieutenant,    148:   

Eliphalet,  ensign,  548:  Nathaniel, 

lay-out  of  land  granted  to,  64: Oba- 

diah,  558. 

Selden,  Ann,  Hephsibah,  and  Joseph,  542: 
Samuel,  542;  lieutenant,  162;  cap- 
tain, 332 :  Thomas,  304. 

Selden's  Cove,  fishery  in,  542. 

Selectmen,  duty  of,  as  to  spendthrifts,  570. 

Seward,  Daniel,  ensign,  162:  David, 

ensign,  558 : .Joseph,  lieutenant,  121 : 

^Nathaniel,  ensign,  190. 

Sewers,  act  for  keeping  open,  72. 

Seymour,    John,    96,  558:   Richard, 

lieutenant,  333:  Samuel,  524:  

Thomas,  43,  62,  69,  97,  214,  253,  402,  558 ; 
ensign,  148;  lieutenant,  548:  Timo- 
thy, ensign,  564:  Zachariah,  142. 

Sharon,  to  be  sold,  136, 170;  granted  town 
privileges,  269;  meeting-house,  309,  349, 
397;  Indian  claims  in,  194,  473,  502,  520; 
brand,  310;  ecclesiastical  tax,  404:  in 
distress,  473;  Indian  mission  at,  480,  521; 
in  Litchfield  probate  district,  504;  feny 
between  Cornwall  and,  575. 

Shaw,  .lohn  and  Nathaniel,  420:  Jon- 
athan, 239. 

Sheep,  act  for  protection  of,  against  dogs, 
36. 

Shetfield,  Ichabod,  299,  302. 

Slielden,  Elisha,  494;  captain,  120:  

Isaac,  301. 


600 


INDEX. 


Shelton,  Samuel,  411. 

Sliepard,  Isaac,  deputy  for  Plainfield,  221 ; 
ensign,  260 :  Samuel,  lieutenant,  31. 

Shepaug  asks  to  be  a  society,  400 ;  granted, 
423,  537. 

Shepherd's  Tent,  in  New  London,  500. 

Sheriff,  may  not  draw  or  fill  up  writ,  or 
appear  as  attorney,  459 ;  in  action  against 
for  not  executing  writ  no  appeal  allowed, 
505;  proceedings  in  action  of  forcible 
entry  when  he  is  a  party,  490 ;  exempt 
from  military  service,  379. 

Sherman,  David,  10,  95 ;  deputy  for  Strat- 
ford, 78,  285,  323;  lieutenant,  375:  

Job,  justice,  225,  289,  368,  448,  515:  

Samuel,  captain,  370. 

Sherwood,  Daniel,  64;  quarter-master,  545: 

John,  64;  ensign,  375:  Samuel, 

lieutenant,  3 ;  justice,  368,  448,  515 : 

Thomas,  64. 

Shether,  John,  345. 

Silliman,  Ebenezer,  248,  289;  deputy  for 
Fairfield,  2,  26,  52,  78,  119,  155,  188, 
221;  speaker,  53,  79,  120.  156,  189;  in 
nomination,  58,  122,  195,  264,  340,  420, 
490,  552 ;  chosen  assistant,  222,  280,  365, 
446,  512;  in  court,  258,  284,  322,  329, 
355,  364,  414,  444,  485,  510,  551;  com- 
mittee, 73,  97,  107,  136,  173,  467,  495; 
county  surveyor,  40;  auditor,  229,  515; 
justice,  82,  159;  judge  superior  court, 

513 : John,  333 ;  deputy  for  Fairfield, 

2,  52: Nathaniel,, ensfgn,  195;  lieu- 
tenant, 545. 

Silver,  rate  at  which  it  shall  pass,  457. 

Skinner,  Benjamin,  12;  deputy  for  Heb- 
ron, 2, 27,  52,  259,  445,  511 ;  justice,  7,  29, 

81, 158,  224,  288,  367,  447,  514 : John 

244: Joseph,    deputy  for  Hebron, 

415,  486:  Nathaniel, '304,  306,  353, 

425,  498;  justice,  264,  288,  367,  448,  514. 

Slawson,  Silas  and  Rose,  115. 

Sloop  of  war  to  be  provided,  314,  326,  361, 
441,  orders  concerning,  411,  428,  461, 
503,  516,  530,  567. 

Sloss,  John,  254. 

Slueman,  Sarah,  537 : Thomas,  537 ; 

quarter-master,  441. 

Small  causes,  act  concerning,  55 ;  appeals 
in  action  for,  89. 

Smedlev,  Ephraim  aud  Samuel,  409. 

Smith, 'Abel,  144: Daniel,  146:  

David,   256:   Ebenezer,    143,   218, 

411;  deputy  for  Ridgefield,  414;  justice, 

82,  159,  225,  289,  368,  448,    515:  

Ednah,    476:    Ephraim,   403:  

Hannah,    114: Isaac,   541: 

James,  deputy  for  Sj'msbury,  27 ;  lieu- 
tenant,   332: John,   ensign,   544: 

Joseph,  ensign,  31,  227 ;  lieutenant, 

227,  415:  Joshua,  476;  quarter- 
master, 120;  cornet,  190: Martin, 

210,  310: Mary,  312,  334,  435: 

Nathan,  114;  ensign,  31: Richard, 

ensign,  369:  Samuel,  25,   50,    181, 

244, 350 ;  captain,  209 ;  deputy  for  Ridge- 
field, 285,  323,  486 : Stephen,  146  : 

Timothy,  220:  William,  126, 

143,  471. 


Snow,  Samuel,  deputy  for  Ashford,  27. 

Southington,  enlarged,  334;  tax  unlaw- 
fully collected  in,  530. 

Southmaid,  Daniel,  ensign,  546: John, 

310,  400,  423,  424,  437;  deputy  for  Wa- 
terburv,  2S5,  323,  330,  356,  "364,  414, 
445,  487,  511,  552;  justice,  288,  367,  448, 
514. 

Spafford,  Amos,  quarter-master,  260. 

Spain,  war  with,  see  Military  Affairs. 

Sparks,  Thomas,  220. 

Spaulding,  Nathaniel,  ensign,  32: Sam- 
uel, 500 : Zechariah,  ensign,  544. 

Spencer,  Charles,  10 : Benjamin,  402 : 

Isaac,    25,    175;   deputy   for  East 

Haddam,  2,  26,  78,  119,  156',  189,  221, 
258,  323,  330,  356,  365  : Samuel,  218. 

Spendthrifts,  duty  of  selectmen  concerning, 
570. 

Sperry,  Daniel,  251 :  Jonathan,  202, 

283 : Joshua  and  Samuel,  202. 

Spirituous  liquors,  acts  for  excise  and  im- 
post on,  7,  57. 

Sprague,  Ephraim,  536 : John,  ensign, 

331. 

Squire,  Ephraim,  104:  Samuel,  537; 

lieutenant,  195. 

Stafford,  ecclesiastical  tax  in,  48,  178,  477; 
town-meetings  in,  397 ;  grant  to,  479. 

Stamford,  part  of  Norwalk  and,  ask  to  be 
a  society,  63,  94,  granted,  144. 

Stanly,  Nathaniel,  23,  39,  51,  69,  104, 150, 
176,  214,  253,  310;  in  nomination,  5,  58, 
122,  195,  263,  340,  419,  490,  552;  chosen 
assistant,  28,  80,  157,  222,  286,  365,  446, 
512;  hi  court,  1,  26,  52,  78,  118,  155,  188, 
221,  258,  284,  322,  329,  355,  365,  414, 
444,  485,  510,  551;  committee,  85,  87, 
111,  135,  187,  210,  295,  319,  321,  345, 
425,  428,  437,  441,  442,  463,  465,  472, 
515,  516,  576;  lieutenant-colonel,  279; 
of  council  of  war,  314,  567. 

Stannard,    John,  410: William,  216, 

410. 

Stanton,  Samuel  and  Lois,  125, 183. 

Starke,    Christopher,    ensign,    508: 

Thomas,  496. 

Starr,    Comfort    and    Samuel,   408:   

Daniel,  ensign,  397;  captain,  487:  

Josiah,  239,  408;  ensign,  371;  lieuten- 
ant, 555. 

State  House,  to  be  repaired,  8. 

Stearns,  Boaz,  deputy  for  Killingly,  188, 
258,  356,  33g. 

Stedman,  Thomas,  ensign,  33;  lieutenant, 
82;  justice.  368,  449,  515. 

Steel,  Fitch,  Walker  and  Wyllys  propose 
to  manufacture,  338,  574. 

Steel,   John,    lieutenant,    236: Rev. 

Stephen,  preached  election  sermon,  515. 

Stephens,    Ebenezer,    426;    captain,    191; 

justice,   431,   448,   515: Elnathan, 

305;  captain,  452;  deputy  for  Killing- 
worth,  79,  322,  364: 'John,  captain, 

441;  deputy  for  Killingworth,  53: 

Nathaniel,    deputy    for    Danbury,    414; 

lieutenant,     290;     captain,     416: 

Thomas,  176,  558 ;  deputy  for  Plainfield, 
156,  188,  221,  258,  285,"  323,   330,  356. 


601 


364,  445,  486,  511 ;  lieutenant,  32,  259 ;  ; 
ensign,  228;  captain,  370,  553. 

Stiles,    Kbenezer,    504: h'ev.   Isaac, 

preached    election    sermon,    449 :   

.lohn,  lieutenant,  508: Joseph,  lieu-  j 

tenant,  89.  i 

Stillman,  John,  65: Nathaniel,  cap- i 

tain,  332.  | 

Stocken,  George,  lieutenant.  544. 

Stoddard,   Kev.  Anthony,   372,    480:  ; 

Elisha,  lieutenant,  487": losiah,  562 : 

Ralph,  305,  313,  350;  ensign,  260; 

lieutenant,  369: Hobei-t,  207;  asks 

for  grant  of  ferry,  68,  113. 

Stone,  Abraham,  566 : Timothy,  107 ; 

captain,  3;  deputv  for  Guilford,  53,  79, 
119,  258,  330,  356,  364,  415;  annexed  to 
first  society,  147. 
Stonington,  some  set  off  to  Preston  from, 

403. 
Storrs,  Cordial,  deputy  for  Mansfield,  119, 

189,  221: Samuel,  ensign,  451: 

Thomas,  176;  deputy  for  Mansfield,  52, 
78,  155,  2S5,  323,  329,  356,  364,  445,  486, 
511,  551;  justice,  159,  225,  289,  368,  449, 
515. 

Stoughton,   Benjamin,   265:   Daniel, 

266, 293 : Samuel,  316 : Thomas, 

207,  256,  315. 
Stow,  Samuel,  49. 
Stoj'le;  John.  7,  103,  182,  205,  256. 
Stratfield,  eastern  part  has   winter  privi- 
leges, 300. 
Stratford,   grants  to  societies  in,  71,149; 
Davenport  &c.   make    disturbance    at, 
483;  meeting-house,  534,  542;  ferry  at, 
66,  577. 
Stratton,  Joseph,  100. 
Strays  and, lost  goods,  where  posted  in  cer- 
tain towns,  90. 
Street,  Elnathan,  ensign,  296;  lieutenant, 

547. 
Strickland,  David,  15. 
Strong,  Asahel,   deputy   for   Fai-mington, 

329,  356,  414,  444,486;  justice,  447: 

Jacob,  266,  293: 'Joseph,  67,  197, 

250;  deputy  for  Coventry,  1,  26,  52,  119, 
156,  188,  221,  259,  329,  364,  414,  445, 
486,  511,  552;  justice,   30,  82,  159,  225, 

289,  368,  448,    515: Josiah,   409: 

Samuel,  42,  97,  409. 

Sturgis,  Christopher,  45 : David,  Eliza- 
beth and  Jonathan,  543,568: Na- 
than, 403: Samuel,  534,  543,    568; 

sui-veyor,  289. 
Summers,  Samuel,  ensign,  450. 
■  Sumner,  Samuel,  deputy  for  Pomfret,  444, 
486,  511,  551. 
Superior  court,  when  and  where  held,  91 ; 
may  issue  writs  of  prohibition,  361;  to 
have   seal   &c.,   454;  special   terxns   of, 
122,  579. 
Surveyors   appointed,    40,   172,   219,    237, 

289;  fees  of,  56. 
Sutlief.  John,  197,  265,  516. 
Swetland,  Joseph,  536;  captain,  54. 
Symsburv,  divided  into  societies,  12,  48, 
76;  meeting-houses,  127,  175,  251,274; 
to  pay  Kev.    T.   Woodbridge,   75,    105; 

76 


and  Windsor  bounds,  41,  1 16 ;  bridge  in, 
125 ;  highways  in,  474 ;  land  claimed  by 
Hunt,  &c.  inj  luO. 

ralcott,  Ilenjamin,  ensign,  89,  lieutenant, 

449: ^' Elizur,   quarter-master,   331: 

John,    captain,    88: Joseph, 

214,  253,  319,  345,  362,  438,  442 ;  in  nom- 
ination, 5,  58,  122, 195,  263,  340;  chosen 
governor,  27,  79,  157,  222,  286;  in  court, 
1,  26,  52,  78,  155,  188,  220,  258,  284, 
322,  329,  355,  363;  ill,  118,  258;  death 
of  his  wife,  186;  his  death,  416,  grant 
for  funeral,  443;  probate  judge,  28,  SO, 
158,  223,  287,  366,  letter  from  to  Board 

of  Trade,   357: Josejih,  jr.,   127, 

175,   251,    274;  justice,  447,   514: 

Nathaniel,   captain,    164: Samuel, 

176;  ensign,  2. 
Talmage,  James,  294,  416,  426. 
Talman,  Joseph,  60,  410. 
Tavern-keepers  regulated,  57,  276. 
Taxation,   act  regulating,  129;  collection 
of  taxes,  140;  rates  granted,  6,  57,  146, 
218,  262,   296,  319,    327,  362,  443,  509, 
577.     See  Lists. 

Taylor,  Daniel  and   Theophilus,  68: 

.iohu,  21;  ensign,  450. 
Terrill,  Ezra,  233. 

Theft  and  burglary,  jm-isdiction  of  justice 
in  cases  of,  90. 

Thomas,  Benjamin,  209: Samuel  and 

Lydia,  126. 

Thompson,  Anthony,  250:  David  and 

Abigail.   113:  Jedediah,  534: 

John,  2i,  124. 142,  149, 154,  257,  274 ;  jus- 
tice, 30,  82,  159,  225,  288,  368,  448,  515: 

Joseph,  177,  201,  232,  263,  265,  271, 

284,  470;  ensign,  164: Samuel;  524: 

Stephen,  500: \Yilliam,  350.' 

Thrall,  John,  62.  102,  110,  298: Tim- 
othy, 410: William,  44,  410. 

ThroQp,   Dan,   quarter-master,    418: 

William,  cornet,  55;  deputy  for  Lebanon, 
2;  justice,  30,  82. 
Tibbals,  Joseph,  543. 
Tiffany,   Thomas,  256;  justice,  289,  368, 

449,' 5 15. 
Tift,  John,  394. 
Tilev,  William,  409. 
Tilley,  James,  558. 
Tillotson,   David,  208:   —       Joshua,  21: 

Morris,  captain,  32. 

Tinker,  John,  309. 

Tomlinson,    Samuel,   deputy    for    Derby, 

330,  356,  364. 
Tonev,  Betty,  257. 

Topliff,  Nathaniel  and  Samuel,  298,  343. 
Torrington,  ecclesiastical  tax  in,  226,  293, 
336;    granted     town     privileges,    338; 
brand,  460;  in  Litchfield  probate  district, 
504;  proprietor's  meetings  in,  539. 
Toto,  Indian,  100. 

Tousev,  Thomas,  350;  Clark  «; ,  463,  506; 
justice,  30,  82,  159,  225,  289,  368,  448, 
515. 
Towner,  John  and  .Joseph,  394. 

Tracy,    Daniel,    347;    ensign,    163:   

Francis,  411: Isaac,   347;  deputy 


602 


INDEX. 


for  Norwich,  414;  justice,  368,  448: 

Jedidiah,  deputy 'for  Preston,  78,  189, 
222;  justice,  81,  159,  224,  288,  368,  448, 

515: Joseph,  deputv  for  Norwich, 

52,    78,    119:    Prince,    187: 

Simon,  347: Solomon,   deputy  for 

Canterbury,  415. 

Trade :  duty  on  goods,  7,  22,  57 ;  embargo. 
87,  376,  431;  act  of  parliament  relating 
to,  to  be  publislied,  390;  Board  of  laws 
to  be  sent  to,  356,  letter  sent  to,  357,  re- 
port in  favor  of  new  trial  in  Mohegan 
case,  362. 

Treadwell,  Adoniram,  patent  granted  to. 
181: Hezekiah,  cornet,  545. 

Treasui-y,  loans  made  from,  252,  320,  463, 
464,  466,  519,  576;  money  due  to,  to  be 
collected,  39.  216 ;  biUs  of  "exchange  to  be 
sold,  440;  allowance  to.  constables  for 
making  up  accounts,  578.  See  Auditors, 
Bills,  Lists,  Taxation,  Whiting. 

Treat,    Joseph,    ensign,    226;    lieutenant, 

368:  Robert,  478,  531,  534;  deputv 

for  Milford,  26.  52,  78,  119, 159,  221,  25S, 
285,  323,  415,  444,  486,  511,  551;  auditor, 
30,  229,  289,  453;  justice,  448,  514. 

Trowbridge,  Daniel,  213,  239 : Isaac, 

394,  541,  542: John,  2.54. 

Truman,  Joseph,  204. 

Trumble,  Benoni,  lieutenant,  54;  captain, 

290: Jonathan,   521;    deputy  for 

Lebanon,  26,  53,  119,  156,  189,  222,  258, 
285;  clerk,  156;  speaker,  222,  258;  in 
nomination,  264,  340,  420,  490,  652; 
chosen  assistant,  286,  365,  446,  512;  hi 
court,  322,329,  355,  364,  414,  444, '485, 
610,  551;  committee.  151,  175,  212,  242, 
.  246,  299,  372,  393,  421,  423,  472,  491, 
518,  519,  534;  auditor,  372,  453,  5 15;  jus- 
tice, 159,225;  lieutenant,  4;  lieutenant- 
colonel,  281 ;  to  revise  laws,. 465,  506. 

Tubbs,  Isaac,  111.   . 

Tuller,  .Jacob  and  John,  567. 

Tully,  John,  479.  528,  562;  justice,  549. 

Tupper,  Eliakim,  deputy  for  Lebanon,  486. 

Turkev  Hills,  asks  to  be  made  a  society, 
48,  granted',  77,  enlarged,  110;  meeting- 
house, 127,  175. 

Turner,  John.  251,  349. 

'I'urrel,  Enos,  251. 

Tuttle,    Andrew,   556;   captain,    83: 

Daniel,  captain,  203:  Isaiah,  en- 
sign,   S3: James,  298,   343: 

Joseph,  306;  quarter -master,  509;  cap- 
tain, 516: Nathaniel,  251. 

Twenty  Mile  Island  annexed  to  East  Had- 
dam,  273. 

Twitcheli,  John,  394. 

Tyler,    Elnathan,   145: Joseph  and 

'Mehitabel,    491:  Peter,   145,   531, 

556. 

Uncas,  Ben,  254,262,  517;  embraces  chris- 
tian religion,  72;  provided  with  clothing, 
166;  affidavits  to  be  taken  relative  to 
choice  of,  as  sachem,  206;  complaints 
by,  237;  and  Indians  will  join  New  Lon- 
don north  society,  245 : Jo.shua  and 

Samuel,  517. 


Union,  ecclesia-stical  tax,  16,  196, 301,  420, 

523;     meeting-house,     &c.,     196,     249; 

Loomis  v..  477. 
Unity,    in    Stratford,    grant    to,   149;    J. 

Walker  annexed  to,  529. 
Upson,  Stephen,  lieutenant,  375;  captain, 

546;  deputy  for  Waterbury.  552. 
Utley,  James',  captain,  82. 

Vandeusen,  Abraham,  180,  269. 
Vagabonds,  how  disposed  of,  137. 
Vibber,  John,  204,  315. 
Voluntown,  enlarged,  230 ;  sale  of  colony 

land  near,  8,  103;  and  Pi-eston  bounds, 

108,  147;  Bundy  &c.,  v.,  74. 

Wadkins,  William,  deputy  for  Ashford, 
511,  551;  ensign,  84;  lieutenant,  415. 

Wadsworth,  Daniel,   74 : James,  25, 

39,  40,  108,  521 ;  in  nomination,  5,  58, 
122,  195,  263,  340,  419,  490,  552;  chosen 
assistant,  28,  79,  157,  222,  286,  365,  446, 
512;  in  coiu-t,  1,  26,  52,  78,  118,  188, 
221,  258,  284,  322,  329,  355,  364,  414. 
485,  510,551;  committee,  15,  48,  76,  93, 
213,  237,  238,  246,  283,  412,  479;  judge, 
superior  court,  28,  80,  157,  223,  287,  366, 
446,  513;  commissioner  on  Rhode  Island 
boundary,  151,  295,  489;  agent  in  Mohe- 
gan case,  462,  507,  520,  578;  colonel, 
281;  James,  jr.,  deputy  for  Dur- 
ham, 189; John,  99;  quarter-mas- 
ter, 371:  Joseph,  99;  captain,  552: 

Samuel,  541;  lieutenant,  453: 

William,  38,  47,  51,  61,  205,  245,  249, 
273;  deputy  for  Farmington,  1,  27,  119, 
189,329,  356;  justice,  29,  81,  158,  224, 
2S8,  367,  447,  514. 

Wakeman,  Helena,  416 : Joseph,  jus- 
tice, 289. 

Waldbridge,  Amos,  549;  ensign,  122. 

Walden,  .loseph,  199;  ensign,  330. 

Waldo.  Zechariah,  lieutenant,  545. 

Wales,  Ebenezcr,  423;  deputy  for  Wind- 
ham, v5S;   justice,  159,  225,  289,    36S, 

449,  515: Nathaniel,   405;  deputy 

for  Windham,  1;  lieutenant,  330. 

Walker,    Benjamin,     ensign,     415: 

James,   529:    Josiah,   ensign,   53; 

lieutenant,   161: Robert,  171,  249, 

474,  542,  574;  proposes  to  make  steel, 
338 ;  ensign,  369 ;  justice,  515 : Tim- 
othy, captain,  487. 

Wallingford,  enlarged,  205;  Middletown  v., 
25,  60,  97,  470 ;  meeting-house  in  Chesh- 
ire, 47,  61. 

Walsworth,  John,  150. 

Walter,  Samuel,  may  practice  medicine, 
311. 

Wanton,  John,  203,  206. 

Waramaug's  Reserve,  39,  172,  200,  402; 
divided  with  Hartford  and  Windsor,  214, 
253. 

Ward,  Andrew,  ensign,  55 ;  lieutenant,  121; 
captain,  259;  justice,  29,   81,  159,   224, 

288,  367,  448,  514:  James,  ensign, 

55: John,  lieutenant,  419: Ma- 
cock,  deputy  for  Wallingford,  511;  lieu- 
tenant, 203  {  captain,  489 : Samuel, 

.  ensign,  545 : William,  177,  201,  301. 


603 


Waring,  Ephraim,  574. 

Warner,  Daniel,   43: Ebenezer   and 

Martha,  242;   captain,  103: John, 

ensign,  554 : Robert.  112 : Sam- 
uel, 112;  lieutenant,  342: William 

liam,  492. 

Warren,  .loseph,  deputy  for  Plainfield,  2; 
ensign,  32;  lieutenant,  260. 

Washbourn,  Kphraim,  427. 

Waterbury,  part  of,  allo\Yed  winter  privi- 
leges, 74,  129,  197;  new  society  asked 
for  in  N.  W.  part,  145,  177.  granted  and 
named  Westburj^  195 ;  society  asked  for 
in  N.  E.  part,  265,  granted  and  named 
Northbury,  271;  parts  of  Derby,  Wood- 
bury and|  aslc  to  be  a  society,  294,  351, 
granted  and  called  Oxford,  394. 

Waterbury,  David,  lieutenant,  557. 

Waterhouse,  Abraham,  242,  528;  captain, 
419: Robert  and  William,  532. 

Waterman,  ,)ohn,  256,  346. 

Waters,  Timothy,  573. 

Wattle,  John,  captain,  226. 

Wav,  .lohn,  470. 

We.ataug,  63,  86,  180.     See  Salisbury. 

Webster,  Daniel,    111;  captain,  54:   

.lohn,  144,  530. 

Weed,  Daniel,  lieutenant,  121 :  Eben- 
ezer, ensign,  227:  John,  394:  

.Jonas,  394,  403:  Joseph,  394:  

Nathaniel,  captain,  557. 

Weeks,  Frielid,  ensign,  558. 

Welch,  Paul,  deputy  for  New  Milford,  285, 
323,  511;  lieutenant,  553. 

Wells,  Elizabeth,  309:  James,  435; 

justice,   29,  81:    Mary,   204:    

Robert,  ensign,  295:  Samuel,  104, 

425,572;  lieutenant,  191 :  Thomas,* 

6,  51,  100,  186,  348,  411,  538;  deputy  for 
Glassenbury,  2,  27,  53, 119, 156, 188," 222, 
259,  285,  323,  329.  355,  365,  414,  445,  486, 
511,  551;  justice,  29,  81,  168,  224,  288, 
367,  447,  514;  auditor,  30,  92,  173,  289, 
453,  515;  committee,  42,  48,  60,  73,  76, 
93,  97,  107,  108,  143,  147,  185,  201,  205, 
218,  233,  243,  245,  248,  249,  273,  275,  304, 
317,  406,  421,  476,  519;  commissioner  on 
Massachusetts  boundary,  253;  colonel, 
280. 

Wentworth,  General,  letters  received  from, 
439,  460. 

West,  Ebenezer,  12,  15,  40;  deputy  for 
Lebanon,  2,  26,  53,  73,  78,  119,  156",  189, 
222,  258,  285,  323,  329,  356,  364,  414;  in 
nomination,  5,  58,  122,  195,  264,  340; 
committee,  47,  61,  67,  95,  97,  1-36,  173, 
206,232,247,  299;  justice,  30,  82,  159, 

225,  289,  368,  448,   515:  Zebulon, 

justice,  367,  447,  514. 

West  Haven,  grant  to,  25,  50,  244;  may 

sell  parsonage  lands,  244. 
Westbury  in  Waterbury,  made  a  society, 
195;  rneetinghouse,  "&c.,   232,  263;  T. 
Mathews  annexed  to,  438. 

Westchester,  in  Colchester,  named,  264. 

Western  lands,  divided  with  Hartford  and 
Windsor,  39,  214,  253;  towns  in,  to  be 
sold,  134,  named,  &c.,  170;  bonds  re- 
ceived for,  to  be  delivered  to  the  secre- 


tary, 174;  avails  of,  may  be  used  for 
support  of  the  ministry,  123,  334,  appro- 
priated to  schools,  387,  distribution  of, 
392,  421,  46.5,  479;  Indian  claims  in,  180, 
237;  arms  of  inhabitants  on,  to  be  viewed, 
273;  collection  of  bonds  given  for,  516; 
Yale  College  to  have  patent  for  lands  in, 
346.     See  Waramaug. 

Wethcrsfiekl,  lii=;hw.ays  in,  43,106,143;  v. 
Farmingto;;,  23,  08. 

Wetmore,  Izrahiah,  112: Josiah,  lieu- 
tenant, 331:  r-  Seth,  395,  474,   538; 

deputy  for  Middletown,  189, 285, 323,304, 
415,  445,  4S7,  511,  552. 

Wheeler,  Caleb,  ensign,  237:  James, 

542:   .Joseph,  537:   Obadiah, 

lieutenant,  229 ;  captain,  450 : Thom- 
as, 22;  ensign,  55;  lieutenant,  189;  cap- 
tain, 290. 

White,  Benjamin,  306, 427 : Daniel,  lieu- 
tenant, 228: loel,  ensign,  449: 

.John,  213,  239, 251 ;  deputy  for  Killingly,* 
330:  Jonathan,  ensign,  54;  lieuten- 
ant, 290:   Joseph,  justice,  29,   81, 

158,  224,  288,  367,  447,  514:  Ste 

phen,  lieutenant,  487 :  William,  ISO. 

Whiting,  Joim,  105,  252,  289,  440,  443,  536 ; 
chosen  treasurer,  28,  80,  157,  223,  286. 
366,  453,  512 ;  to  attend  assembly,  11,  57, 
126,  202,264,  339,  420,491,  554; 'captain, 
369;  colonel,  441;  grants  to,  317,  376, 
550 ;  justice,  263,  288,  368.  448,  515 ;  dep- 
uty for  Stonington,   486:  Joseph, 

175;  auditor,  30,  85,92,372;  in  nomina- 
tion, 5,  68,  122,  195..264,  340,  419,  490, 
552;  chosen  assistant,  28.  80,  157,  222, 
286,  365,  446,  512;  in  court,  1,26.52,78, 
118,  155,  188,  221,  258,  284,  322,  364,  414, 
444,485;  committee,  50,  107,  1-35,  173, 
206,  225,  244,  283,  289,  321,  393,  401,  417, 
421.  442,  449;  judge,  superior  court,  28, 
80,  157,  223,  287,  366,  446,  51.3,  probate 
court,  29,  80,  158,  223,  287,  366,  447,  513 ; 
lieutenant-colonel,   279:    William, 

146,  206,  401;  captain,  226;  deputy  for 
New  London,  1. 

Whitmore,  Jacob,  ensign,  494 :  Thom- 
as, ensign,  449:  William,  315,  397. 

Whitney,  David,  267,  424 ;  captain,  32,  333 ; 

justice,   264,   288,   367,   447,   514:    

\Villiam,  has  built  bridge,  152. 

Whittlesey,  Eleazer,  306:  Jabez,  561. 

Wickwire,  Peter,  315. 

Wilcox,  Hezekiaii,  150:  Joseph,  424; 

deputy  for  Killingworth,  156,  364,  445, 
552,  for  Symsbury,  258,  285,  323,  329, 

355,  445,  486;  justice,  447:  Mind 

well,  424. 

Wilcoxson,  .Joseph,  deputy  for  Symsbury, 
511,  552;  ensign,  261;  justice,  514. 

Wildman,  Jacob,  558. 

Wilks,  Francis,  salary  granted,  37,  50, 117, 
218,  236.  317,  412,  484;  to  be  written  to, 
361,  440;  de.ad,  506,  51,7,  579. 

Willard,  Joseph,  252:  Josiah,  ensign, 

33;   lieutenant,   295:    Samuel,   46, 

147,  170,  315,  395,  538;  deputy  for  Say- 
brook,  26,  53,  119,  156,  189,  259,  285, 
323,  330,  356,  365;  clerk,  lower  house. 


604 


INDEX. 


156;    captain,    163;    lieutenant-colonel, 
317;  county  surveyor,  219,  237. 
AVilley,  Isaac,  495. 
Williams,  Benajah,  237,  267;  captain,  332: 

Daniel,  350:  Klisha,  382,  576; 

deputy  for  Wethersfield,  285,  322,  329, 
355,  365,  445,  486,  511,  551;  speaker, 
286,  323,  3.")^^  365;  justice,  288,  367,  447, 
514;  juil^re,  superior  court,  287,  366,  446; 

in  nomination,  420,  490,  552:  Isaac, 

541:  John,   482,   505;    deputy  for 

Lebanon,  414,  511,  -551,  for  Stoiington, 
221;  captain,  3;  ma.jor,280:  .Jona- 
than and  Thomas,  499 :  Mark,  dep- 
uty for  Preston,  53 ;  captain.  3 :  Na- 
thaniel, 215,  274,  312:   Samuel,  499; 

captain,  11 : Hev.  Solomon,  preached 

election  sermon,  372:  William,  573 ; 

deputy  for   Groton,    415;   ensif;;n,    191; 
lieutenant,  58;  captain,  190,  452. 
Willington,  ecclesiastical  tax  in,  102,  378. 
Wills,  Abigail,  43. 

Wilson,  Benjamin,  243:  Samuel,  lieu- 
tenant, 4. 
Wilton,  meeting-house  in,  112,  127. 
Winchell,  Robert,  110:  Thomas,  lieu- 
tenant, 453. 
Windham,  v.  Canterburj-,   116,  549,  561; 

grant  to  first  society,  308. 
Windhant  county,  spring  election  in,  277. 
Windsor,  b^llington  made  a  parish,  6 ;  west- 
ern lands  divided  with,  39,  214,  253 ;  and 
Symsbury  bounils,  41,  116;  part  of,  set 
to  Wiutoiibury  society,  76,  127,  part  to 
Turkey  Hills 'society,  110;  strays,   &c., 
where"  posted,    90;    highways   in,    298; 
proprietors'  meetings  annulled,  180;  pro- 
prietors V.  Hurlburt,  207,  256,  315. 
Winslow,  Captahi,  439. 
Winston,  John,  freed  from  tax,  50. 

Winthrop,    Anne.   434,    560:    John, 

Itichards  and  Douglas  «.,  560;  v.  Lech- 
mere,  referred  to,  18, 283, 433 : Wait, 

18,  432. 
Wintonbury,     society     constituted,     76; 
boumls  of,  and  meeting-house,  96;  mili- 
tary company  of,  127 ;  grant  to  school, 
575. 

Witter,  Joseph,  497:  William,  deputy 

for  Preston,  285,  323,  330,  356 ;  lieuten- 
ant, 372. 

Wolcott,  Alexander,  213,   239,   346:    

Erastus,  survej^or,  509 :  Gideon,  en- 

sio-n,  558 :  ■'  ilenrv.  65,  95  : Mary, 

23^  51 :  Uoger,  30,  39,  253,  401,  509, 

550;  in  nomination,  5,  58,  122,  195,  263, 
340,  419,  490,  552;  chosen  assistant,  28, 
79,  157,  222,  286,  365,  deputy  governor, 
417,  446,  511;  in  court,  1,26,52,78,118, 
155,  188,  221,  258,  284,  322,  329,  355,  364, 
414,  441,  485,  510,  551;  committee,  48, 
51,  76,  135,  185,  201,  206,  219,  243, 
275;  judge,  superior  court,  28,  80,  157, 
223,  287,  366,  chief  judge,  429,  446,  513; 
commissioner  on  Rh'oile  Island  boundary, 
151,  295,  489;  agent  in  Jlohegan  case, 
165,  220,  462,  507,  520;  colonel,  279;  of 
council  of  war,  314,  567 ;  to  revise  laws, 


465,  505:  Roger,  jr.,  504,  548,  574; 

deputy  for  Windsor,  329,  355,  364,  552; 
lieutenant,   161;   captain,   557;   justice, 
367,  447,  514. 
Wolves,  premium  for  destruction  of.  36, 

572. 
Wood,  John,  411. 

Woodbridge,   Abisrail,    74:    Dudley, 

115,  124,  242,  262,  520,  556;  auditor,  85; 
captain,  577;  deputy  for  Groton,  2,27, 

78,   221,  259,   285,   323,  329,  355:   

Rev.  John,  14:   Josejjh,   13:   

Samuel,   548:   Rev.  Timothy,  24, 

574;  V.  Symsbury,  48,75,105;  preached 
election  sermon,  225. 
Woodbury,  north  part  asks  to  be  a  society, 
45;   winter  privileges  granted   part  of, 
211,  233,  237;  north-east  part  made  a 
society  and  named  Bethlehem.  265 ;  She- 
paug  asks  to  be  a  society,  400;  Judea 
constituted  a  society, 423 ;  Roxbury  made 
a  parish,  537;  par:s  of  Derby,   Water- 
bury  and,  ask  to  be  a  society,  294,  351, 
granted  and  called  Oxford,  394. 
Wooden.  Ntithaniel,  499. 
Woodruff,  Benjamin,  409:  D.avid,  en- 
sign, 450,  lieutenant,  547 : Nathaniel, 

lieutenant,  53;  captain,  161. 
Woodward,  .John,  justice,  30,  82,  159,  225, 

289,  368,  449,  514,  515:  Nathaniel, 

deputy  for  Coventry,  285,  323. 
Wooster,   David,  lieutenant  of  sloop  De- 
fence, 412,  commander,  503;  grant  to, 

530:  Jonas,  lieutenant,  343:  

.Joseph    lieutenant,  544:  Timothy, 

394 
Worden,  Nathaniel,  560. 
Work-house  at  Hartford,   regulated,  137, 
505. 

Wright,  Abel,  125,  351;  captain,  451:  

Benjamin,  44,  128:  James,  44,  128; 

302-  lieutenant,  362:  Timothy,  cor- 
net, 430;  captain,  546. 
Writs  of  error  regulated,  193,  578;  of  pro- 
hibition, 360. 
Wvllys,  George,  509,  537;  captain,  164; 
committee,  295,  319,  440;  elected  secre- 
tary, 28,  SO,  157,  223,  286,  366,  446,  512; 
grants  to,  25,  77,  154,  186,  219,  317,  443, 
484,  550;  proposes  to  make  steel,  338, 
574;  justice,  447,  514;  autograph  of,  580: 

Hezekiah,  justice,  29,  81,  158,  224, 

288,  367. 
Wyman,  Ebenezer,  301. 

Yale,  Theophilus,  481;  deputy  for  Wal- 
lingford,  2,  52,  79. 119.  155, 188,  222,  259; 
justice,  29,  81,  159,  224,  288,  367,  448, 
514:  Thomas,  373. 

Yale  College,  grants  to,  24,  203,  308,  436, 
558;  repaired,  15,  37,  66,  75,  206,  345, 
437,  442,  530;  Rev.  T.  Clap  chosen  rec- 
tor, 308 ;  officers  and  students  freed  from 
tax,  131, 133,  from  military  service,  379: 
1 1  have  patent  for  western  lands,  346. 

Yarrington,  Ezekiel  and  Peter,  403. 

Yeomans,  Jonathan,  ensign,  S4. 

Young,  Daniel,  541. 


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