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974.6 

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1735-43 

1160582 



OENEAUOOY COLLECWOMlg? 



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ALLEN COUNTY PUBLIC LIBRARY 



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PUBLIC RECORDS 



COLONY OF CONNECTICUT, 

y.EZZ L 

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 








Fairfield, 


38288 8 7 


Windham, 


168-iO 


10 





Norwich, 


34197 11 7 


Brandford, 


17326 


14 


3 


Lyme, 


16969 14 2 


Stratford, 


26978 


16 


5 


Glassenbury, 


8099 18 


Waterbury, 


8092 








Farming-town, 


23073 13 


Danbury, 


10082 


1 





Wallingford, 


27903 13 


Stoningtown, 


21886 


5 





Weathersfield 


, 22365 19 3 


Ashford, 


5796 


6 





Sayl)rook, 


14647 5 


Coventry, 


8292 


19 


9 


Derby, 


7400 6 6 


Hebron, 


8983 


4 





Mansfield, 


7689 18 


Woodbury, 


12043 


12 





Plainfield, 


8379 11 


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 


Colchester, 


14947 


8 





Canterbury, 


9175 10 8 


Stanford, 


21058 


9 





Midletown, 


27030 2 0. 


Groton, 


16585 


17 


10 


Pomfrett, 


9660 6 6 


Haddam, 


7188 


6 


4 


Windsor, 
Preston, 


25916 
13220 3 • 



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 





To Fairfield, 


393 9 





To Windham, 


149 





To Norwich, 


163 '1 





To Milford, 


253 3 





To Saybrook, 


614 12 


6 


To Stratford, 


1389 7 


9 


To Windsor, 


966 





To Guilford, 


17 7 





To Lyme, 


3S7 19 


6 


To Lebanon, 


1114 17 





To Woodbury, 


52 2 


6 


To Colchester, 






To Farmingtown, 


305 6 





To Killingsworth, 


158 17 


6 


To Canterbury, 


85 2 


6 


To Preston, 


573 


6 


To Stanford, 


445 7 





To Midletown, 


126 13 





To Wallingford, 


296 7 





To Glasseubury, 


621 1 


11 


To East Haddam, 


637 19 





To Mansfield, 


810 8 





To Waterbury, 






To Hebron, 


208 10 





To New Milford, 


97 7 






.£1007 


7 





132 








1061 








1377 


3 






169 4 
230 16 



1526 2 
65 2 



325 4 
88 16 9 



176 14 
76 14 
65 



909 4 
229 



23 10 

[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 








Windham, 


17261 13 





Branford, 


17459 


5 


9 


Plainfield, 


8129 3 





VVeathersfield, 


,22728 


11 


8 


Glassenbury, 


8685 19 


6 


Killingly, 


12910 


10 





Norwalk, 


24512 17 


11 


Stoningtown, 


23346 


6 


8 


Durham, 


8873 8 


6 


Farmingtown, 


23489 


9 


10 


Groton, 


16693 18 





Guilford, 


25344 





5| 


East Haddam, 


12713 15 





Canterbury, 


9388 


12 


9' 


Lyme, 


17175 14 


8 


Haddam, 


8458 


8 


10 



70 


PUBLIC 


RECORDS 


[ 


Oct 


New Milford, 


6059 1 


2 


Stanford, . 


22135 11 





Pomfrett, 


12514 10 





Hebron, 


9152 10 





Greenwich, 


13113 11 





Ashford, 


6399 9 





Killingsworth, 


10090 11 





Danbury, 


10180 14 





Sjmsbuiy, 


11899 18 





Preston, 


14595 6 





Waterbuiy, 


8377 13 





Norwich, 


34495 13 


4 


Mansfield, 


8931 10 





Woodbury, 


12885 11 





Wallingford, 


28871 3 





Derby, 


7091 9 


7 


Milford, 


21687 19 


4 


Midletown, 


27614 2 





Colchester, 


14860 3 





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 - 

To Symsbury, 72 14 

To Standford, 621 10 - 



£ 


s. d. 


2549 


13 


1001 


10 6 


1098 


2 


176 





32 






92 PUBLIC RECORDS [May, 

50 

- 202 2 

88 

- 169 16 

466 8 

- 947 
73 

- 83 6 
- - - 338 12 

- 40 

408 

- 114 17 



To Midletown, 


418 11 





To Windham, 


118 10 





To Stratford, 


10 





To Lebanon, 


1664 





To Glassenbury, 


162 12 


10 


To Preston, 


159 14 





To Groton, 


52 7 


6 


To Hebron, 


270 


4 


To Wallingford, 


669 2 





To Derby, 


494 16 


9 


To Milford, 


617 10 





To East Haddam, 


112 18 


6 


To Farmington, 


642 5 





To Stonington, 


35 





To Mansfield, 


226 18 





To Durham, 


30 3 





To Lyme, 


383 5 


6 


To Norwich, 


105 7 





To Guilford, 


76 17 


6 


To Weathersfield, 


1424 4 





To New London, 


46 14 





To Killingsworth, 


178 1 


6 


To Norwalk, 


596 10 


4 


To Brandford, 


547 18 





To Coventry, 


516 5 


10 


To Fairfield, 


4342 7 


3 



993 


17 


6 


54 


2 





12 








210 








263 


8 





138 


12 





297 


16 






[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 





Norwich, 


39133 


,0 


9 


Groton, 


17511 4 





Farmington, 


24216 


6 


6 


Lebanon, 


26273 


9 


Waterbury, 


8493 


19 





Say brook. 


16045 4 





Durham, 


8886 


18 





Pomfrett, 


11033 5 





Glassenbury, 


8423 


14 





Hebron, 


10153 15 


6 


Windsor, 


28524 


15 





Preston, 


14103 10 





Woodbury, 


12358 


8 





Mansfield, 


8082 6 





Lyme, 


17425 


16 


9 


Plainfield, 


8542 17 


3 


Killingsworth, 10442 


6 


4 


Norwalk, 


24806 


11 


Brandford, 


17346 


15 


6 


NewMilford, 


6813 16 


4 


Symsbury, 


11785 


19 





Danbury, 


10550 12 





Guilford, 


25597 


19 


9 


Greenwich, 


15159 10 





Coventry, 


9122 


3 





Killingly, 


13050 8 





East Haddam, 11948 


9 


6 


Ashford, 


6123 10 





Stratford, 


29184 


5 





Stonington, 


23644 1 





Millford, 


24522 


12 10 


Wallingford, 


30686 14 


9 


Midletown, 


26814 








Standford, 


21773 4 


3* Derby, 


7149. 


4 





Weathersfield,22553 17 


6 


Colchester, 


14896 


4 






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 


- 234 2 


To Midletown, 


299 


239 19 


To Brandford, 


717 7 6 


. 


To Hebron, 


406 11 


216 


To Plainfield, 


91 18 


_ 


To Pomfrett, 


271 


- 


To Norwalk, 


303 8 


. 


To Wallingford, 


121 18 


1117 2 


To Danbury, 


20 14 


- 42 16 


To Windsor, 


1048 4 9 


- 1177 16 6 


To Mansfield, 


539 15 


_ 


To Guilford, 


320 15 


571 15 


To Windham, 


309 


96 


To New Milford, 


51 18 


30 11 


To East Haddam. 




- 214 


To Stanford, 


' 463 11 6 


- • 222 


To Hartford, 


325 10 6 


784 6 


To Groton, 


672 6 6 


- 


To Weathersfield, 


, 349 19 


- 787 1 


To Preston, 


413 12 


- 


To Lebanon, 


540 17 


. • - 


To Lyme, 


621 7 


431 


To Ashford, 


62 


- 


To Stratford, 


226 19 6 


- 



1738.] OF CONNECTICUT. ■ 175 

- 696 
14 



To Fairfield, 


1010 


8 9 


To Farmingtown 


,1431 





To Derby, 


218 


3 2 


To Stouingtown, 


422 


1 6 


To Milford, 


216 


15 9 


To Woodburj, 


332 


16 


To New Haven, 


1646 


18 3 


To Glasseiibury, 


156 


10 


To Colchester, 


240 


3 



720 19 
152 16 



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 





Nathan Baldwin, 


8 2 


3 


Isaac Spencer, 


1 5 





William Marsh, 


5 5 





Jonth Hoit, 


4 9 


4 


Joseph Plumb, 


18 


9 


Pell. Lect, 


5 5 






176 


PUBLIC 


RECORDS 


l^ 


lay 


Willni Pitkin, 


2 


6 


David Goodrich, 


10 





David Field, 


5 





Samuel Talcott, 


8 





Isaac Dickerman, 


13 





Thomas Stephens 


1,1 10 





Samuel Willard, 


5 





Elihu Ohauncej, 


1 





Joseph Backus, 


15 





Nathi Stanly, 


1 





Beiioni Olcott, 


7 


6 


Hannah Hall, 


1 10 





Elihu Hall, 


6 10 





Joshua Bushnell, 


10 





Thos. Benedict, 


1 3 


9 


Thomas Storrs, 


8 


9 


Hezekiali Brainei^ 


d, 17 


6 


Jos. Fanisworth, 


20 10 


10 


Samuel Lynde, 


15 





Sami Hill, 


10 





John Hall, 


5 












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 





Groron, 


17756 


17 


10 


Midletown, 


28449 


7 





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 





Lyme, 


18225 


11 





East Haddam, 


12889 15 





Guilford, 


26718 


8 


2 


Nor walk, 


25186 


17 


11 


Danbury, 


10283 


10 





Milford, 


2407t) 


6 


10 


Haddam, 


7996 


2 


2 


Mansfield, 


8826 


10 





Symsbury, 


12890 


10 


6 


Stoningtown, 


21917 


5 





Ash ford. 


6393 








Killingsworth, 


10681 


11 


8 


Windsor, 


27891 


19 





Plainfield, 


8659 


9 





Greenwich, 


15018 


19 


3 


PomlVett, 


11047 








Hartford, 


30945 


10 


1 


Waterl)ury, 


8405 


2 





Stratfoi-d, 


30222 


16 


6 


Canterbury, 


10815 


2 


6 


Brandford, 


17930 


8 


8 


New London, 


28300 








Derby, . 


7407 


15 





Glasscnbury, 


8956 


5 





Say brook, 


16131 


18 


3 


Wallingford, 


30015 


17 





Preston, 


14934 


15 


8 


Lebanon, 


26353 


14 





Hebron, 


9695 


10 


6 


New Milford, 


6867 


12 





Killingly, 


14209 








Colchester, 


1)506 


10 





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. 









I. 


s. 


d. 


To Glasscnbury, 


72 


10 





To Midletown, 


191 


4 





To Windsor, 


893 








To Hartford, 


681 


2 





To Weathersfield, 


702 


8 


6 


To Killingsvvorth, 


167 


19 


3 


To New Haven, 


1373 


2 


3 


To New London, 


268 








To Fairfield, 


326 





6 


To Guilford, over cast, 37 


8 


10 


To Norwich, 


666 


6 





To Stonington, 


2020 


12 


4 


To Symsbury, 


204 


7 





To Stratford, 


122 








To Coventry, 


301 


11 





To Lyme, 


528 


9 


6 


To Standford, 


131 


2 


6 


To KiUingly, 


685 








To Wallingford, 


342 








To Farmingtown, 


235 


16 





To Saybrook, 


123 


9 





To Hebron, 


139 








To Colchester, 


636 








To Mansfield, 








To Windham, 


852 


16 


10 


To Norwalk, 


213 


18 





To AVoodbury, 


407 


12 





To Groton, 


385 


7 


6 


To Preston, 


110 








To Pomfrett, 


777 








To Lebanon, 


831 


15 





To Brandford, 


413 


3 


9 


To Ashford, 


24 








To Plainfield, 


92 14 


•6 



156 

519 






774 10 
699 19 
1109 14 
131 10 








72 16 
217 15 






72 

74 4 

360 15 







144 
15 
32 4 

485 8 










94 
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 





Wallingford, 


31553 19 


9 


Haddam, 


8317 





6 


Stoningtown, 


25547 11 


6 


Preston, 


15930 





6 


Hebron, 


9774 17 





Norwalk, 


24577 


2 


5 


Standford, 


22110 6 


2 


Greenwich, 


15960 


4 


6 


KiUingly, 


14957 






276 


PUBLIC RECORDS 


[C 


ct. 


Canterbury, 


10577 12 





Dan bury. 


10978 11 


3 


Guilford, 


26990 4 


3 


East Haddam, 


13127 11 





Norwich, 


41133 6 


10 


Plainfield, 


9190 17 


6 


Midletown, 


30321 





Woodbury, 


14066 12 


9 


Coventry, 


10042 5 


6 


Farming-town, 


25426 4 


6 


Groton, 


16817 


3 


Killingsworth, 


10678 12 





Glassenbury, 


8654 11 


6 


Ashford, 


6981 15 





Windsor, 


27641 





Lyme, 


19532 3 





Waterbury, 


8830 11 


6 


Weathersfield, 


22857 7 


3 


Colchester, 


15395 9 


9 


New Milford, 


7107 14 


7 


Mansfield, 


9173 17 





Durham, 


8987 19 





Pomfrett, 


11898 





Symsbury, 


12874 5 


9 


Lebanon, 


27591 





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 

- 336 



217 1 

570 16 

108 8 

1260 15 
380 



Single Addition. 








£ 


s. 


d. 


To Hartford, 


1989 


9 


3 


To Symsbury, 


220 


2 





To Canterbury, 


420 


15 





To Norwalk, 


1892 





9 


To D anbury, 


52 


5 


9 


To New Milford, 


61 








To Saybrook, 


537 


1 


6 


To Lebanon, 


870 


8 





To Parmington, 


203 


18 





To Waterbury, 


961 








To Norwich, 


133 


9 





To Groton, 


958 


6 





To Preston, 


147 








To Colchester, 


1455 


13 






To Wiiidliam, 


684 


6 


To Killino-worth, 


216 8 


3 


To Woodbury, 


563 10 


6 


To Stoningtown, 


639 U 





To Haddam, 


81 





To Milford, 


319 13 


6 


To East Haddam, 


469 18 





To Brandford, 


920 1 


8 


To Fairfield, 


407 9 


9 


To Mansfield, 


180 10 





To Wallingford, 


1520 17 





To Weathersfield, 


302 14 


6 


To Greenwich, 


935 12 





To Derby, 


230 11 





To Windsor, 


884 11 


4 


To Glassenbury, 


156 15 





To Hebron, 


644 





To Midletown, 


593 2 





To New Haven, 


1432 13 





To Guilford, 


376 12 


6 



312 PUBLIC RECORDS [May, 



1099 15 
68 



184 4 

325 16 

415 

134 

56 

514 

300 



- 417 4 
432 12 

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 





New Haven, 


41550 


New London, 


25920 








Fairfield, 


38135 2 9 


Windham, 


18745 


14 


11 


Norwich, 


41707 1 6 


Killingsworth, 


11132 


15 


5 


Preston, 


15469 10 6 


Groton, 


16380 


2 





Midletown, 


32206 12 


Guilford, 


27757 


18 


6 


Weathersfield, 


27361 18 3 


Durham, . 


9008 


17 


3 


Farmingtown, 


26490 18 7 


East Haddam, 


14114 


14 





Lyme, 


19252 5 9 


Hebron, 


11296 


1 





Norwalk, 


27145 3 11 


Lebanon, 


31709 








Canterbury, 


10604 10 6 


Haddam, 


8423 


14 


3 


Stonington, 


24489 4 6 


Danbury, 


11187 


16 





Woodbury, 


15923 4 4 


Symsbury, 


13888 


15 





Mansfield, 


9137 5 9 


Water bury. 


9446 


9 





Ashford, 


7262 8 


Killingly, 


15977 


15 





Litchfield, 


7289 16 


Fomfret, 


12286 








Ridgfield, 


7815 10 


New Milford, 


7978 


10 


3 


Plainfield, 


8548 4 


Brandford, 


19858 


3 


10 


Milford, 


24833 14 1 


Standford, 


23300 


4 11 


Derby, 


8195 8 9 


Coventry, 


10001 


5 





Greenwich, 


16313 17 


Windsor, 


28713 


10 





Glassenbury, 


9182 


Saybrook, 


17516 


16 


1 


Colchester, 


16269 


Stratford, 


30256 


4 


3 


Wallingford, 


33011 13 2 


Voluntown, 


6945 


14 










[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 

To Greenwich, 1761 6 - - - 



374 PUBLIC RECORDS [May, 



80 16 



1503 12 



150 8 



To Colchester, 


1664 








To New London, 


1983 


6 





To Lyme^ 


1298 


2 





To Canterbury, 


751 


9 





To Savbrook, 


202 


6 


6 


To Hebron, 


24 








To Derby, 


86 


3 


3 


To Ashford, 


463 


15 





To Windsor, 


879 


18 





To Stonington, 


1845 


8 


6 


To Oroton, 


516 


5 


6 


To Norwalk, 


317 


12 





To Waterbury, 


1105 








To Woodbury, 


474 








To Guilford, 


31 


1 


6 


To Plainfield, 


942 


9 





To New Milford, 


534 


8 





To East Haddam 


, 31 


10 





To Norwich, 


176 


13 


6 


To Brand ford. 


42 








To Windham, 


403 


9 





To Hartford, 


12 


14 


3 


To Mansfield, 


1022 


17 





To New Haven, 


1223 


19 


6 


To Haddam, 


226 





6 


To Coventry, 


344 


12 





To Milford, 


237 


2 


6 


To Preston, 


233 








To Weathersfield 


, 915 


18 





To Wallingford, 


1366 


2 


6 


To Killingworth, 


395 


12 


6 


To Stratford, 


410 


16 


6' 


To Glassenbury, 


661 


14 


6 


To Midletown, 


939 


13 






188 








719 


2 





202 


4 





8 








680 


3 






1054 2 



27 


4 


426 





72 


8 



238 8 



144 

[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 .] F C 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,