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OF Till 

^/^i '/..-d-vy^ 




FROM 1638 TO 1649. 






Sute librarian of Conn., Member of the Conn. Hbt. Soc., Cor. Memb. N. E. Hiat. Hen. Boc 




At a General Assembly of the State of Connecticut, holden at New 
Haven in said State, on the first Wednesday of May, in the year of 
our Lord one thousand eight hundred and fifty-six : 

Resolved^ That the secretary bo authorized to purchase for the use of the htate, two 
hundred and fifty copies of the proposed publication of the Records of the Colony of 
New Haven, prior to the union with Connecticut, tnmscribed and edited by Charles 
J. Hoadly, Esn. Provided^ that such publication ^hall be authenticated by the official 
certificate gf tne secretary, as* a true coi>y of the original record ; atid provided. aUo, 
that the expense of the same shall not exceed two dollars and fifty cents per volume. 

Resolved^ That the copies so purchased be distributed as follows ; one copy to the 
town clerk of each town in this state, to be preserved in his office for the use of the 
town ; one copy to the governor, and to each of the state officers of this state ; one 
copy to the governor of each of the several states and territories of the United States, 
to be deposited in their several state libraries ; one copy to the library of congress ; 
one copy to the Smithsonian Institute; one copy to eacn of the collegus of this state; 
twenty five conies to Mr. Alexander Vattemarc for international exchange; and the 
remainder of tne said two hundred and fifty copies to be deposited in the office of the 
f^ecretar}', subject to the dispc»al of the general assembly. 


The original manuscript, of Which the present volume is intended 
to be, as nearly as practicable, a reproduction, is a large folio of sev- 
enteen bj eleven inches in size, containing about two hundred and 
fifty pages. It was evidently written with some care, and the chirog- 
raphy of the whole might be called, for the period, superior, more 
particularly so that of Thomas Fugill, the first secretary, although it 
is more abundant in contractions and abbreviations than that of Rich- 
ard Perry or Francis Newman, his successors. 

Many years before the employment of the volume in this country 
as a Record Book for New Haven Colony, live pages of it ha^l been 
used, by some great merchant in London, as a Day Book or Journal, 
and it thus begins, — " Laus Deo, In London, the 6th of January, 
Anno Dominoe 1608." Wlio the merchant was to whom it belonged 
does not appear, and is unknown ; it has been a tradition, however, 
that it was " Governor Eaton's Ledger," but as Eaton was born in 
1590, it would hardly seem probable that a youth of eighteen should 
carry on business, both foreign and domestic, to so great an extent as 
would appear to be indicated by the entries in this book. 

At their first settlement, though within the limits of the old Con- 
necticut Patent, the plantations of New Haven, Guilford and Mil- 
ford, intended to be, if possible, separate and distinct governments, 
but finding themselves singly too weak, early in the spring of the year 
1643, they confederated with New Haven, which had already by the 


purchase and settlement of Stamford, Yennycock or Southold, and 
Totoket or Branford, become the most considerable in size and influ- 
ence, and thus was formed the Jurisdiction of New Haven. 

The present volume contains the records of the Colony of New 
Haven while it remained distinct, the beginning of the records of the 
Jurisdiction, and the records of the Town or Plantation up to the 
year 1650. 

From April, 1644, to May, 1653, the records of the Jurisdiction 
are lost, save that in this volume we have the proceedings of a Court 
of Magistrates, June 14th, 1646, and a Court of Election, October 
27th, 1646. How long these records have been missing we are igno- 
rant, but may conjecture that they have been so for a period of about 
a century. That Dr. Trumbull did not have access to them, while 
collecting materials for the history of Connecticut, that is from about 
1770 to 1774, is evident upon an examination of that work, and had 
their disappearance then been recent, we should suppose that there 
would have been made some reference to the fact, either by him or by 
the General Assembly in their resolution of May, 1772. 

The dates of some meetings of the Jurisdiction Courts for this 
period, collected from the records of the United Colonies and from 
those of the town of Guilford, are inserted in their chronological order 
in the form of notes. 

In a note at page 463 is found an account of some of the proceed- 
ings of a General Court for the Jurisdiction, May 30th, 1649, which 
is taken from Thompson's History of Long Island, but I have thus 
far been unable to learn the source whence the author of that work 
obtained the citation. The editor has been informed that Mr. Thomp- 
son's papers afford no clue, and that it is not found in the records of 
the town of Southold, L. I. It is to be hoped that the extract may 
lead to the discovery of the missing volume. 

In May, 1772, perhaps at the instance of Governor Trumbull, 
who, as the venerable historian of Connecticut assures us, had a 
most thorough acquaintance with the history of the colony, the Gen- 
eral Assembly passed the following resolution : 
" Whereas the first antient Book of Records of this Colony remain- 


ing in the Secretary's office, and the first Records of the Jurisdiction 
of New Haven, in the office of the Town Clerk of the Town of New 
Hayen, are mnch worn and decayed, and bj constant use in danger of 
being totally ruined, Resolved bj this Assembly, that the Secretary 
be directed and he is hereby directed to procure the said Records to 
be fairly transcribed into some proper book or books to be by him 
procured for that purpose, and laid before this Assembly to be com- 
pared and duly authenticated for common use, to the end that the 
said original ancient Records may be safely preserved and used only 
upon special and important occasions. The secretary is also directed 
to receive into his hands and deposit in his office the antient Book of 
Records of the Jurisdiction of New Haven, now remaining in the office 
of the clerk of the County Court of New Haven County, who is also 
hereby requested to deliver the same to him accordingly, that the 
same may remain for publick use in the publick archives of the 

The first volume of the Connecticut Records was copied and pre- 
sented to the Legislature for authentication in May, 1778, but why the 
New Haven Records were not then also transcribed we are not 

The authorities of the town of New Haven have withhi a few years 
taken commendable care for the preservation and safe keeping of this 
first volume of their Records, by causing a copy to be made, and by 
enclosing the original in a copper box. 

In executing the trust of editing these Records, accuracy has been 
the chief thing aimed at, and to obtain this neither time nor labor 
have been spared ; every page has been carefully compared by the 
editor with the original ; contractions and abbreviations have been 
followed, but with regard to the use of capital letters and marks of 
punctuation, it has not been deemed necessary strictly to adhere to the 
(•f)py ; still, however, this liberty has been used with caution, and the 
editor has not knowingly altered the sense of any passage thereby. 

* Colony Records, vol. xi, p. 106. 


preferring in all instances where such might be the case, to let the 
original punctuation prevail. 

Changes in the original arrangement of the records have been 
made in two instances only, one by placing the articles of agreement 
with the native Indian proprietors at the beginning of the volume, 
and the other by transferring a list of names recorded on page [188] 
to page 140 of this volume. The paging of the original has been 
preserved and will be found in brackets at the side of the page. 

Some redundancies in the original have been printed in italics. 
Where the original Has in some places become obliterated or worn 
away, the missing words, supplied by the editor, are included in 
brackets. In other cases where words or letters have been omitted 
or passages of doubtful import occur, the editor feels obliged to charge 
the fault to those who originally wrote the manuscript. 

In citing the records of the United Colonies, it has been found 
more convenient in general, to cite from the cotemporary manuscript 
copy preserved in the Secretary's office than to make use of Hazard, 
since it is known that in the latter many errors occur. In citing 
TrumbuU's history, the edition printed at Hartford in 1797 has been 
used, and in Savage's Winthrop, though the edition of 1853 has been 
used, yet the pages of the former edition of 1825-6 are cited. 

In conclusion, the editor expresses his thanks and acknowledges 
his obligations to the General Assembly of Connecticut, by whose 
liberality the expenses of publication have been in part defrayed ; to 
the Connecticut Historical Society, for their encouragement of the 
work ; to the late Town Clerk, Alfred Terry, Esq., and to tlie Select- 
men of New Haven, for the readiness and courtesy with which they 
afforded every facility requested for the accomplislunent of the same ; 
to Henry White, Esquire, for many valuable suggestions and other 
important aid, which his very extensive and accurate information 
regarding the early liistory of New Haven enabled him to furuisli ; 
lo Hon. Francis De Witt, Secretary of the Commonwealth of Mas- 
sachusetts, and to E. B. O'Callaghan, Esq., M. D., of Albany, for copies 
of documents remaining in the archives of their respective States ; to 
Ralph D. Smith, Esq., of Guilford, Henry Onderdonk, Jr., Esq., of 


Jamaica, L. I., and Rev. £. Whitaker, of Southold, L. 1., hikI to 
others who iii various ways have given tlie publication their i*ouute- 
nance or assistance. 

To Henry White, £s<|uire, I ani indebted also for tlie copio and 
abstracts of wills iind inventories found, as nott's, in this vohniit*. 

Should the present volume meet with sufficient encoumgement, the 
editor propases to continue it, by the publication of tlie Records of 
New Haven Jurisdiction from May, 1653, to the union with Connect- 
icut in 1664-5, together witli the New Haven code of 165G. 

C. J. H. 

State Library, Hartford, 
April 14, 1857. 

Most of the abbreviations used in this volume require no 
explanation ; the letter m or n with a dash or circumflex over 
it, m or n, was frequently used for the double consonant ; a 
similar mark placed over a vowel indicates the omission of a 
consonant, generally m or n, thus, como, for common ; the 
letter c is used for ti, thus, condicon, for condition ; the letter 
p shows the omission of letters, _of which r was generally one, 
thus, pson for person, pp for proper. A caret, ^ , denotes 
a blank in the original record. 




[These Articles of Agreement were recorded by Secretary Gibbard, at a date sub- 
sequent to the records contained in this volume, upon some leaves which bad been 
left blank between pages 60 and 62.] 

i\jticles of agreement betweene Tbeopliilus Eaton & John 
Davenport <fe othei*s, English planters att Qiiinopiocke on 
the one partye <fe Momaugin y^ Indian KSachem of Quinopi- 
ocke & Sugcogisin, Quesaqnauch, Carongliood, Wesaucucke 
<fe others of his connsell on the other partye, made & con- 
cluded the 24t»' of Noveml)^ 1688. Thomas Stanton being 

That bee y^ s^ sacbem, bis counsell <fe company doe jointly 
profess, affirme & coven% [th]at he y^ s'^ Momaugin is the 
sole sachem of Quinopiocke, & hath an absolnte and independ- 
ant power to give, alien, dispose or sell, all or any part of the 
lands in Quinopiocke, & that though he have a son now absent, 
yet neither his s*^ son, nor any other pson whatsoever hath any 
right title or interest in any part of the s^ lands, soe that what- 
soever he, y^ forenamed sachem, his counsell & y^ rest of y« 
Indians present doe & conclude, shall stand firme <fe inviolable 
against all claimes & psoiis whatsoever. — 

Secondly y^ s*^ sachem, his counsell & company, amongst 
which there was a squaw sachem called Shampishuh sister to 
y® sachem, wlioc either had or p^tended some interest in some 
part of y® land, remembring & acknowledging the heavy taxes 
& eminent dangers w<^^ they lately felt & feared from y« Pe- 



quotts, Mohaucks & other Indians, in regard of which they 
durst not stay in their country, but were forced to flie, & to 
seeke shelter under the English at Coiiecticutt, and observing 
y« safety & ease y^ other Indians enjoy neare y« English, of 
which benefitt they have had a comfortable tast already since 
the English began to build & plant at Quinopiocke, which w**» 
all thankfuUnes they now acknowledged. They jointly & 
freely gave & ycilded up all y right, title & interest to aU y® 
land, rivers & ponds, trees with all y® liberiyes & appurten- 
ances belonging unto y« same in Quinopiocke to y® utmost of 
their bounds East, West, North, South unto Theophilus Eaton, 
John Davenport & others, the p^sent English planters there, & 
to their heires & assigncs for ever, desirmg from y"> y® s^ Eng- 
lish planters to receive such a portion of ground on the East 
side of the Harbour towards y® fort at y^ mouth of y« river 
of Conecticott as might be sufficient for them, being but few 
in number, to plant in ; and yet within these limitts to be 
hereafter aligned to them, they did coven* & freely yeUd up 
unto ye s<^ English all the meadow ground lieing therein, with 
full liberty to chuse & cut dowTie what timber they please, for 
any use whatsoever, without any question, licence or consent 
to be asked from them y® s^ Indians, and if, after their portion 
& place be limited & set out by the English as above, they y" 
s^ Indians shall desire to remove to any other place within 
Quinopiocke bounds, but without y® limitts assigned them, 
that they doe it not without leave, neither setting up any wig- 
wam, nor breaking up any groimd to plant corne, till first it 
be sett [ou]t & appointed by y® forenamed English planters 
for them. 

Thirdly y® s*^ sachem, his counsell & company desireing 
liberty to hunt & fish [withijn the bounds of Quinopiocke now 
given & grauntcd to the English as before, doe [hereby] 
jo[in]tly coven* & bind themselves to sett noe traps neare any 
place where y® [ ] whether horses, [ox] en, kine, 

calves, sheep, goates, hoggs or any sort [ 

to take] 
any fish out of any ware belonging to any English, nor to doe 
any thing neare any such ware as to di[sturb] or affright away 
any fish to y® pi^judice of such ware or wares ; & that upon 
discovery of any inconveni[en]cy growing to y® English by the 
Indians disorderly hunting, their hunting shalbe regulated 

*A line or two torn off. 


aud limited for the p'venting of any inconvenience, & yet with 
as litle damage to y« Indians in their hunting as may be. 

Fourthly, y© s^ sachem, his counsell & company doe hereby 
covenant and bind themselves y^ none of them shall hence- 
forth hanker about any of y® English houses at any time when 
the English use to meete about the publique worship of God ; 
nor on y« Lords day henceforward bee scene within, y^ com- 
pass of y® English towne, beareing any burdens, or offring to 
truck with y« English for any comodity whatsoever, & yt none 
of y°» henceforward without leave, open any latch belonging 
to any English mens dore, nor stay in any English house after 
wameing that he should leave the same, nor doe any violence, 
wrong, or injury to y« pson of y« English whether man, woman 
or child, upon any p»'tence whatsoever, and if the English of 
this plantation, by y™ selves or cattle, doe any wrong or dam- 
age to y« Indians, upon complaint, just recompcnce shalbe 
made by y« English ; and y^ none of y^ licnceforward use or 
take any English mans boate or canoe of what kind soever, 
from y« place where it was fastened or layd, without leave 
from the owner first had & obtayned, nor y* they come into y® 
English towne w^^ bowes & arrowes, or any other weapons 
whatsoever in number above 6 Indyans soe armed at a time. 

Piflly yc s^ sachem, his counsell & company doe truly cov- 
enant & bind y"»selves y* if any of y"> shall hereafter kill or 
hurt any English cattle of w* sort soever, though casually or 
negligently, they shall give full satisfaction for the loss or 
damage as the English shall judge cquall,But if any of y" for 
any respect, wilfully doc kill or hurt any of the Englisli cattle, 
upon proofe they shall pay y^ double valcw, And if, iit any 
time, any of them find any of the English cattle straying or 
lost in the woods, they shall bring them backe to the English 
plantation, <fe a moderate price or recompcnce shalbe allowed 
for their paynes, provided, if it can be proved y^ any of y'" 
drove away any of y® English cattle wheresoever they find 
them, further from y« English plantation to make an in- 
cre[ase] or advantage, or recompcnce for his paynes finding 
or bringing y"» back, they shall in any such case jjay daiuages 
for such dealings. 

Sixthly, the number of y^ Quinopyocke Indyans, me[n] or 
youth growne to stature fit for service being forty seven at 
pi^sent, they doe covenant and bind y'"selvos not to receive, or 
admitt any other Indians amongst them without leave first 
had & obtayned from y« English, & that they will not, at any 
time hereafter, entertaine or harbo"* any that are enemies to 
ye English, but will p^sently apMiend such & deliver y" to y« 


English, and if they know or heare of any plott by ye Indyans 
or others against y® English they will forthwith discover & 
make y® same knowne to y"*, & in case they doe not, to be 
accoimted as partyes in y« plott, and to be proceeded against 
as such. 

Lastly ye s*^ sachem, his counsell & company doe hereby 
promise truly & carefully to observe & keepe all & every one 
of these articles of agreem^ & if any of y™ offend in any of y* 
pi^misses, they jointly hereby subject & submitt such offendo' 
or offendo'^s to y® consideration, censure & punishm* of the 
English magestrate or officers appointed among them for g6v- 
ernem^ without expecting y* y® English should first advise 
with y™ about it, yet in any such case of punishmS if the s<^ 
sachem shall desire to know the reason & equity of such 
pceeduigs, heo shall truly be informed of the same. 

The former article bemg read & interp^'ted to y™, they by 
way of exposition desired y^ in y® sixth article it might be 
added, that if any of the English cattle be killed or hurt cas- 
ually, or negligently, <fe proofe made it was done by some of 
the Quinopiocke Indyans, they will make satisfaction, or if 
done by any other Indyans in their sight, if they doe not dis- 
cover it, & if able to bring y® offendo^ to y® English they wilbe 
accounted & dealt with as guilty. 

Li consideration of all which, they desire from y® English, 
that if at any time hereafter they be afl&*ightcd in their dwell- 
ings assigned by the English unto yn» as before, they may re- 
payre to the English plantation for shelter, & that y® English 
will there in a just cause endeavo^ to defend y"» from wronge 
But in any quarrell or warrcs which they shall undertake, or 
have w**^ other Indyans, upon any occasion w^soever, they will 
manage their affayres by y"^selves without expecting any ayd 
from the English. 

And the English planters before mentioned accepting and 
graunting according to y® teno"* of the p''mises, doe further of 
their owne accord, by way of free & thankefuU retribution, 
give un[to] y® s<* sachem, counsell & company of y® Quinopi- 
ocke Indians, twelve coates of English trucking cloath, twelve 
alcumy spoones, twelve hatchetts, twelve hoes, two dozen of 
knives, twelve porengers & foure cases of French knives and 
sizers ; All which being thankfully accepted by y® afores^ & 
ye agreements in all points perfected ; for rattification & full 
confirmation of the same, the Sachem, his counsell & sister, 
to these p'sents have sett to their hands or markes y® day & 
year above written. 


Momaugiu J^^ ^%. hismarke 

Sugcogisin If •-*' his marke. 

Quesaquaush c> ■ - ^^^ his mark. 

•Carroughood ^^ his marke. 

Weesaucuck 1 his mark 


I, Thomas Stanton, being interpreter in this treaty, doe 
hereby profess in y« p'sence of God, y* I have fully acquaint- 
ed the Indyans with y^ substance of every article, & truly re- 
turned their answer & consent to the same, according to y« 
tenno^ of the forcgoeing writcing, the truth of which, if law- 
fully called, I shall readily confirme by my oath at any time. 

Thomas Stanton. 

Articles of agreem' betwixt Thcophilus Eaton, John Daven- 
port, & sundry other English planters at Quinnypiock on y** 
one part, and Mantowese sonne of an Indyan sachem liveing 
att Mattabezeck, and nephew to Sequin on y« other part, 
made & concluded the 11^^ day of Decemb'* 1G38. 

First ye s^^ Mantowese in p''scncc & w^i allowance and con- 
sent of Sawseunck an Indyan w^^^ came in company w^^ him, 
doth profess, affirme and covenant, to & w'^» y<^ s^ Thcophilus 
Eaton, John Davenport & others above, that y® land on both 
sides the river of Quinnypiock from y^ Northerly bounds ofy<^ 
land lately purchased by the s^ English of y<^ Quinnypiock 
Indyans, namely from y® pond in y« great meadow, about two 
miles above y^ great hill, to y<= head of y^ river at y^ great 
playne toward y^ plantations settled by y^ English upon y*' 
river of Quintccutt Southerly, which is about tcnn miles in 
length from north to south, the bounds of which land run 


alsoe eight miles easterly from y® river of Quinnypiock toward 
y« river of Quintecutt, and five miles westerly towards Hud- 
sons river, doth truely & solely belong to him y« s^ Mantowcse 
in right of his deceased mother, to whom y© s^ land did apper- 
taine, & from whom it justly descends upon him as his inher- 
itance, soe y^ he hath an absolute & independant power to 
give, alien, dispose or sell all or any part of y« s^ land, as he 
shall think good ; and y* neither his s^ father, nor any other 
pson whatsoever, have any right, title or interest in any part 
of y® land described and limited as above, whereby he or any 
other may hereafter justly question what y® s^ Mantowese 
now doth, or lay any clayme to any part of y* s<^ land now 
disposed of by him. 

Secondly the s^ Mantowese being fully acquainted w**» y« 
agreem^* lately passed betwixt y® s^ English planters & y« 
sachem of Quinnypiock, his counsell & company, did freely, 
of his owne accord, upon full & serious deliberation, give, 
grant & yeild up all his right, title and interest to all y© land 
mentioned and bounded as above, with all the rivers, ponds, 
trees, and all liberties & appurtenances whatsoever belonging 
to y« same, to the s^ Theophilus Eaton, John Davenport and 
other English planters att Quinnypiock, and to their heyres & 
assignes for ever, desireing from them, the s^ English planters, 
to receive such a small portion of land by the rivers side 
about two miles beyond y® tree over y® river, in the passage 
from hence towards y« townes at Quintecutt, as may be suffi- 
cient for his small company, being but tenn men in number, 
besides women and children, w^^^ portion of land they desire 
may hereafter, upon a view, be assigned, appointed and lim- 
ited unto them by y« s^ English planters, reserveing alsoe to 
himselfe and his forenamed company, liberty in fitt seasons & 
due manner without p^judice to y« English, to hunt, & fish, & 
kill beaver, yet therein alsoe to be regulated by y« s^ English 
upon discovery of any annoyance, as the Quinnypiock Indyans 
are in that case. 

Lastly the said Theophilus Eaton, Jolm Davenport <fec ac- 
cepting from Mantowese this free gift of his hand as above, 
doe by way of thankfuU retribution, give unto him eleven 
coates made of trucking cloth, and one coate for himselfe of 
Englisli cloth, made up after the English manor, w<^*» being 
thankfully accepted by the s*^ Mantowese, and the agreements 
in all points pfected, for ratification, and full confirmation of 
y« same, Mantowese and Sawseunck have hereunto sett their 
hands or markes the day and year before written. 


Mantowese ^ / f his mrke 

Sawseunck I his mrke 

I, John Clarke, being interpreter in this treatie, doe hereby 
professe in the p'sence of God that I have fully acquainted the 
Indyans with the substance of every article, to y« w^^ they 
have freely agreed, that is to say y^ Mantowese have given to 
Mr. Davenport & Mr. Eaton aU his land w«^ he had by his 
deceased mother, w^^ he saith is from y« head of y« great 
playne to the pond w«*» he professe to be his, & promise to 
make it good to o' English, & for this hee is satisfyed with 
twelve coates, onely reserve a piece of land by the river for 
his men which are 10 and many squaws, to plant in, & when 
o*" cowes come there what harme their doggs doc to o*" cattle, 
they will satisfye for, and we for what harme o^ hoggs doe to 
them in corne, & as for hunting & fishing, to be free to them 
as o"" selves, provided o'* oattle suffer not by them, & with these 
particulars they are acquainted, & doe freely consent to them, 
as their marke wittness, the truth of which, if lawfully called, 
I shall readily confirme by my oath at any time 

per me John Clarke 
We Robert Coggswell, Roger Knapp and James Love, doe 
hereby renounce all right to any & every part of the foremen- 
tioned land. 

Wittnes our hands hereunto 

Robert Coggswell 
James Love 

Roger Knapp ^J his mrke. 




[In the handwriting of Thomas Fugill.] 

Mr. Theopliilus Eaton. 

Mr. John Davenport. 

Mr. Rob* Newman. 

Mr. Math : Gilbert. 

Thomas Fugill. 

John Ponderson 

Jcr. Dixon. 

Mr. Nath : Turner 

Mr. Eze : CheiUs 

William Andre wes. 

Mr. Sam : Eaton 

John Clarke 

John Chapman 

Rob* Secley 

Tho: Gefireyes 

Rich Hull 

Tho: Kimberley 

Mr. Tho : Gregson 

John Mosse 

Adam NichoUs 

Abra: Bell 

William Thorpe 

Mr. Francis Newman 

Andrew Low 

Tlio: Mounson 


Mr. ^ Jam?s 

Mr. Geo : Lamberton 

^ Nash 
Mr. Rich : Perry 
William Peck 
Andrew Hull 
Goodiu Shirman 
Goodfh Gibbs 
Goodm Liu^moorc 
Tho EUsey 
Mr. Joshua Attwatcr 
iintony Tompson 
Edw Wigglesworth 
John Vincent 
Mr. John Wakeman 
John Benham 
Mr. Steplien Goodyear 
John Potter 
Mr. Jasper Craine 
Andrew Warde ) t>j^ . 
Francis Bell ) 
Rich: Miles 
Roger Allen 
Mr. Richard Malbone 
WiH lues 




Francis Browne 
John Nash 
Goodmfi Davis 
Mr. Gibbcrd 
Goodman Abbott 
Sam: Wliitehead 
John Brockett 
Richard Law 
Mathew Camfield 
Tristram Rayner 

Bro : Lamson 
Captaine Underbill 
Rich: Gildersleeve 
Math: Moulthrop 
Goodfh: Preston 
WiH Tompson 
Hen : Lendall 
WiH Fowler 
Joh : Cowper 
Joseph Nash 


[In the handwriting of Thomas Fngill.] 

[IJ The 4th day of the 4*^ moneth calledJune 1639, all the 
free planters assembled together in a ge[neral] meetinge* to 
consult about settling ciuill Gouernm* according to God, 
and about the nominati5 of persons thatt might be foimde by 
consent of all fittest in all respects for the foundacO worke of 
a church w[hich] was intend to be gathered in Quinipieck. 
After solemne invocati6 of the name of God in prayer [for] 
the presence and help of his speritt, and grace in those 
weighty businesses, they were reminded of t[lie] busines 
whereabout they mett (viz) for the establishm* of such ciuill 
order as might be most p[lcas]ing vnto God, and for the 
chiiseuig the fittest men for the foiindaco worke of a church 
to be gather[ed.] For the l)etter inableing tliem to discernc 
the minde of God and to agree accordingly concerning the 
establishm^ of ciuill order, Mr. John Davenport propounded 
diuers quaeres to them publiquely praying them to consider 
seriously in the presence and feare of God tlie weight of the 
busines they met about, and nott to be rash or sleight in giue- 
ing their votes to things they understoode nott, butt to digest 
fully and tliroughly whatt should be propounded to them, 
and without respect to men as they should be satisfied and 
pswaded in their owne mindes to giue their answers in such 
sort as they would be willing they should stand upon recorde 
for posterity. 

This being earnestly p'^ssed by Mr. Davenport, Mr. Robt. 

* This meeting took place according to tradition, in a large bam belonging to Mr. 
Newman. Dr. Bacon, Hist. Disc. 20, has shown that it was most probably Robert 
Mewman^s, and pointed out its location as being near Temple st., between £hn and 
GroTO streets. 


Newmau was intreated to write in carracters and to road dis- 
tinctly and audibly in the hearing of all the people whatt was 
propounded and accorded on that itt might appeare thatt all 
consented to matters propounded according to words written 
by him. 

QUiGR. 1. Whether the Scripturs doe liolde forth a perfect 
rule for the directio and gouernm* of all men in all duet[ies] 
w^'h they are to performe to God and men as well m the 
gou'm^ of famylyes and comonwealths as in matters of the 

* This was assented vnto by all, no man dissenting as was 
expressed by holding up of hands. Afterward itt was read 
ou' to them thatt they might see in whatt words their vote 
was expressed : They againe expressed their consent thereto 
by holdeing up their hands, no man dissenting. 
Qu^R. 2. Whereas there was a cou^ solemnly made by the 
whole assembly of freeplanters of this plaiitati6 the first day of 
cxtraordenary humiliati(3 w^h we had after wee came together, 
thatt as in matters thatt concerne the gathering and ordering 
of a chur. so likewise in all publique offices w^h concerne 
ciuill order, as choyce of magistrates and officei'S, makeing • 
and repealing of lawcs, dcvideing allottm** of inheritance and 
all things of like nature we would all of vs be ordered by 
those rules w<^h the scripture holds forth to vs. This couen* 
was called a plantatio couen^ to distinguish itt fr5 [a] chur. 
couen* w«^h could nott att thatt time be made, a chur. nott 
being then gathered, butt was deferred till a chur. might be 
gathered according to God: Itt was demaunded whether all 
the free planters doe holde themselues bound by thatt couen- 
ant in all businesses of thatt nature w<^h are expressed in tlie 
couen^ to submitt themselves to be ordered by the rules held 
forth in the scripture. 

This also was assented vnto by all, and no man gainesaid 
itt, and they did testefie the same by holde [ing] vp their 
hands both when itt was first propounded, and confirmed the 
same by holdeing vp their hands when itt was read vnto them 
in publique, John Clarke being absent when the couen* w[as] 
made, doth now manefest his consent to itt, allso Richard 


Beach, Andrew Low, Goodm Banister, Ar[tliur] Halbidgc, 
John Potter, Rob* Hill, Jolin Brockett and John Johnson, 
these persons being nott [adjmitted planters when the couen* 
was made doth now express their consent to itt. 
Qu.£R. 3. Those who have desired to be receiued as free 
planters, and are settled in the plantatio w*h a purp[osc,] res- 
olutid and desire thatt they may be admitted into chur. fellowP 
according to Christ as soone [as] God shall fitt them there- 
vnto : were desired to express itt by holdcing vp of hands : 
Accordingly "aQl] did expresse this to be their desire and pur- 
pose by holdeing vp their hands twice, (viz) both att the 
[pro]posall of itt, and after when these written words were 
read vnto them. 

QujER. 4. All the free planters were called vpo to expresse 
whether they held themselues bound to esta[blish] such ciuill 
order as might best conduce to the sccureing of the purity 
and peace of the ordina[nces] to themselues and their poster- 
ity according to God. In ausw. herevnto they expressed by 
hold[ing] vp their hands twice as before, thatt they held them 
selues bound to establish such [civil order] as might best con- 
duce to the ends aforesaid. 

Then Mr. Davenport declared viito them ))y tlie scripture 
wliatt kinde of persons might best be trusted w*h matters of 
gouerm^ and by sundry argum^« from scri})ture proued 
thatt such men as were discrib[cd] in Exod. 18. 2. Dcut. 1. 
13, w4i Deut. 17. 15, audi. Cor. 0: 1 to 7, ought to be in- 
trusted by them, seeing [they] were free to cast tlicmsehies 
into thatt mould and forme of conion wcaltli w*^li ap})eareth 
best for them in referrence to the sccureing of tlie pure and 
peaceable injoym' of all Christ his ordinances [in] the church 
according to God, where vnto they have bound themselues as 
hath beene acknowledged. Having thus said he satt downe, 
praying the company freely to consider whether they would 
haue [it] voted att this time or nott : After some space of 
silence Mr. Theophilus Eaton answered itt mi[ght] be voted, 
and some others allso spake to the same puri)ose, none att all 
opposeing itt. Then itt was propounded to vote. 
Qujsr. 5. Whether Free Burgesses shalbe chosen out of chur. 


members they thatt are in the foundatpon] worke of the 
church being actually free burgesses, and to chuse to them- 
selues out of the li[ko] estate of church fellowp and the 
power of chusemg magistrates and oflScers from among them- 
selues and the power off makeing and repealing lawes accord- 
ing to the worde, and the devideing of inheritances and 
decidcing of differences thatt may arise, and all the buisnesscs 
of like nature are to l)e transacted by those free burgesses. 
[2] Tliis was putt to vote and agreed vnto by the lifting vp of 
hands twice as in the former itt was done. Tlien one man* 
stood vp after the vote was past, and expressing his dissenting 
from the rest in p^ yctt gran tinge 1. That magistrates should 
1)0 men fearing God. 2. Thatt the church is the company 
whence ordcnarj'Iy such men may be expected. 3. Thatt 
they that chuse them ought to be men fearing God : onely att 
this ho stuck. That free planters ought nott to giue this 
power out of their hands : Another stood vp and answered 
that in this case notliing was done but w*h their consent. 
The former answered thatt all the free planters ought to 
resume this power into their owne hands againe if things were 
nott orderly carryed. Mr. Theophilus Eaton answered thatt 
in all places they chuse committyes, in like manner the com- 
panyes of London chuse the liuerycs by whom the publique 
magistrates are chosen. In this the rest are not wronged 
because they expect in time to be of y® liu^y themselues, and 
to haue the same power. Some others intreated the form' to giue 
his argum*8 and reasons wherevpO he dissented. He refused to 
doe itt and said they might nott rationally demaimd itt, seeing 
he Ictt the vote passe on freely and did nott speake till after itt 
was past, because he would nott hinder whatt they agreed up<5. 
Then Mr. Davenport, after a short relatio of some form' pass- 
ages betweene them two about this quest, prayed the company 
thatt nothing might be concluded by them in this weighty 
quest, butt whatt themselues were perswaded to be agreeing 
w^h the mindo of God and they had heard whatt had beene 
said since the vetoing, intreated them againe to consider of itt, 
and putt itt againe to vote as before. — Againe all of them by 

* Probably Rev. Samuel Eaton, see Mather Mag., B. iii, pt 4, ch. 1. 


lidding vp their hands did shew their consent as before, And 
some of them professed thatt whereas they did wauer before 
they came to the assemljly they were now fully corniced thatt 
itt is the minde of God. One of them said that in the morn- 
ing, before he came, reading Deut. 17. 15. he was convinced 
att home, another said thatt he came doubting to the assembly 
butt he blessed God by whatt had beene said he was now fully 
satisfied thatt the choyce of burgesses out of chur. members, 
and to intrust those w^h the power before spoken off is accord- 
ing to the minde of God reuealed in the scriptures. All have- 
ing spoken their apprehensions, itt was agreed vpon, and Mr. 
Rob^ Newma was desired to write itt as an order wherevnto 
euery one thatt hereafter should be admitted here as planters 
should submitt and testefie the same by subscribeing their 
names to the order, namely, that church members onely shall 
be free burgesses, and thatt they onely shall chuse magistrates 
& officers among themselues to haue the power of transacting 
all the publique ciuill affayres of this Plantatio, of makeing 
and repealing lawes, devideing of inheritances, decideuig of 
differences thatt may arise and doeing all things or businesses 
of like nature. 

Tliis being tlius settled as a foundamentall agreem* concern- 
ing ciuill gouernm^ Mr. Davenport proceeded to propound 
some tilings to consideracO aboute the gathering of a chur. 
And to prevent the blemishing of the first beginnings of the 
chur. worke, Mr. Davenport aduised thatt the names of such 
as were to be admitted might be publiquely propounded, to the 
end thatt they who were most approued might be chosen, for 
the towne being cast into seuerall priuate meetings wherein 
they thatt dwelt nearest together gaue their accounts one to 
•another of Gods gracious worke vpon them, and prayed to- 
gether and conferred to their mutuall edifficatio, sundry of 
them had knowledg one of another, and in euery meeting 
some one was more approued of all then any other. For this 
reason, and to prevent scandalls, the whole company was 
intreated to consider whom they found fittest to nominate for 
this worke. 
Quae. 6« Whether are you all willing and doe agree in this 


tliatt twcliie men be chosen thatt their fitnesse for the foiindacd 
worke may be tried, howeu' there may be more named yett 
itt may be in the power who are chosen to reduce them to 
twelue, and itt be in the power of those twelue to chuse out of 
themselues seauen that shall be most approved of the major 
part to begin the church. 

This was agreed vpo by consent of all as was expressed by 
holdeing vp of hands, and thatt so many as should be thought 
fitt for the foundacO worke of the church shall be propounded 
by the plantatio, and written downe and passe w%out exceptid 
vnlesse they had giuen publique scandall or ofiTence, yett so as 
in case of publique scandall or offence, euery one should haue 
liberty to propound their exccptio att thatt time publiquely 
against any man that should be nominated when all their 
names should be writt downe, butt if the offence were priuate, 
thatt mens names might be tendered, so many as were offend- 
ed were intreatcd to dealc w'h the offender priuately, and if 
he gaue nott satisfactio, to bring the matter to the twelue 
thatt they might consider of itt impartially and in the feare of 
God. The names of the persons nominated and agreed vpon 
were Mr. Theoph. Eaton, Mr. John Davenport, Mr. Rob*. 
Newman, Mr. Math. Gilbert, Mr. Richard Malbon, Mr. Nath: 
Turner, Eze: Cheu^s, Thomas Fugill, Jolm Ponderson, Wil- 
liam Andrewes, and Jcr. Dixon. Noe exccptio was brought 
against any of those in publique, except one about takeing an 
excessiue rate for meale w^h he sould to one of Pequanack in 
his need, w<^h he confessed w*h griefe and declared thatt 
haueing bcene smitten in heart and troubled in his conscience, 
he restored such a part of the price back againe w^h confessid 
of his sm to the party as he thought himselfe bound to doe. 
And itt being feared thatt the report of the sin was heard far-' 
ther th[an] the report of his satisfactio, a course was conclu- 
ded on to make the satisfactio known to as many as heard of 
the sinn. Itt was also agreed vpo att the said meeting thatt 
if the persons aboue named did finde themselues straitened in 
the number of fitt men for the seauen, thatt itt should be firee 
for them to take uito tryal of fittncs such other as they should 
thinke mecte, prouided thatt itt should be signified to the 




towne vpon the Lords day who they so take in, thatt eu'y 
man may be satisfied of them according to the course formerly 

[3] Whereas there was a foundamentall agreem^ made in a 
generall meeting of all the free planters of this towne, on the 
4^*> of the fowertii moneth called June, namely thatt church 
members onely shall be free burgesses, and they onely shall 
chuse among them selues magistrates and officers to ha[Ye] 
the power of transacting all publique ciuill affayres of this 
plantatid,of makeing and repeal! [ng] lawes,devideinginherrit- 
ances, decideing of differences thatt may arise, and doeing all 
things and businesses of like nature. Itt was therefore order- 
ed by all the said free planters thatt all those thatt hereafter 
should be receiued as planters into this plantatio should allso 
submitt to the said foundamentall agreem% and testifie the 
same by subscribeing their names vnder the names of the 
aforesaid planters as foUoweth. 

Mr Theoph Eaton 
Jlr John Davenport 
Mr Sam: Eaton 
Mr Rob* Newma 
Mr Math GUbert 
Mr Nath Turner 
Mr Rich. Malbon 
Mr Browninge 
Mr Linge 

Mr William Touttle 
Mr Cheeuers 
Mr Perry 
Mr Craine 
Mr Fran : Newm 
MrTlio: Yale 
Tho: Fugill 
William Andrewes 
Richard Beckley 

John Cooper 
Jarvis Boykin 
John Chapman 
Tho: Kimberlcy 
John Beiiham 
Mr Wilkes 
Tho: Jeffreyos 
Robt. Seely 
Nicholas Elsey 
John Budd 
Rich. HiUl 
Witt Preston 
John Brockett 
Jer Dixon 
Robt. Hill 
Andrew Low 
Witt Thorpe 
John Ponderson 

John Johnson 
Edward Wigglewortli 
John Clarke 
Sam. Wliitehead 
Jolm Potter 
Arther Halbidge 
Edward Banister 
Witt Potter 
John Mosse 
John Charles 
Richard Beacli 
Tymothy Fordc 
Jolm Reader 
John Cogswell 
Mathew Hitchcock 
Francis Hall 
Richard Osborne 
James Clarke 




Andrew Hull Geo : Smith Andr. Messenger 

Edward Patteson John Peacock (Jeo: Warde 

Wift Eues Mathew Moulthrop Lawrence Warde 

[The following 

Stephen Goodyeare 
Thomas Gregson 
Thomas Nash 
WiUiam Jeanes 
Jno Evance 
Thomas Munson 
John Liucrmore 
Jeremy Whetnell 
Luke Atkinson 
Thomas Morris 
William Russill 
Beniamin Willmott 
Thomas Powell 
James Russell 
Peter Browne 

John I Tompson 

Al)raham 3 Bell 
John g Vincent 
Tho: \—< Mitchell 
John -(- Walker 
Beniamin Pawle 
Witt W Gibbins 
John Hall 
Richard Merriman 
^Edw □ Chipperfield 
Steuen Metcalfe 
William Gibbard 

are autograph signatures.] 

Ralph Dayghton* 
William Peckke 
Anthony Tompson 
Christ. C« Todd 
John Gibbes 
John Nash 
Adam A NichoUs 
Tho 8 Beamont 
Josua Atwater 
Thomas Osborne 
Jolni Wakeman 
William W Davis 
Francis JX Browne 
Robert Pigg 
Nath Merriman 
Roger Ailing 
Henry h Peck 
Marke Pierce 
Tlieopliilus Higginson 
Dauid Atwater 
Mathew Camfeld 


[In the handwriting of Francis Newman.] 

[4] Yow shall neither plott, practise nor consent to any evill 
or hurt against this Jurisdiction, or any pto of it, or against 
the civill gouerment here established. And if you shall know 
any pson, or psons w<^h intend, plott, or conspire any thing w<^h 
tends to the hurt or prejudice of the same, yow shall timely 
discouer the same to lawfuU authority here established, and 
yow shall assist and bee helpful! in all the affaires of the Juris- 
diction, and by all meanes shall promove the puljliquc wellfare 
of the same, according to yo«" place, ability, and opptunity, yow 
shall give due hoimo*" to the lawfull magistrats, and shall be 
obedient and subject to all the wholesome lawes and orderes, 
allready made, or w^h shall be hereafter made, by lawfull au- 
thority afforesaid. And that both in yo' p'on and estate : and 
when yow shall be duely called to give yo' vote or suffrage in 
any election, or touching any other matter, w^li concerneth 
this common wealth, yow shall give it as in yo' conscience yow 
shall judg may conduce to the best good of the same. 


[In tho handwriting of Thomas FngiU.] 

[5] October 25th 1689. 

The Court being settled according to the foundamentall 
agrcem* made the 4*^ day of June 1639, consisting of those 
seauen onely who were in the foundacO of the church, namely 
Mr. Theoph. Eaton, Mr. John Davenport, Mr. Robt. Newman 
Mr. Math Gibbert,* Tho. Fugi[ll], John Ponderson, and 
Jcrimy Dixon,t after solemne prayer vnto God did pceede as 

First all former power or trust for mannaging any piiblique 
affayrcs in this plantatio, into whose hands soeu' formerly 
comitted, was now abrogated and fipom henceforeward vtterly 
to cease. 

Secondly all those thatt have beene receiued into the 
fellowPP of this church since the gathering of itt, or who 
being members of other approved church esoffered themselues, 
were admitted as members of this court. Namely Mr. Na- 
thaniell Turner, Will Andrewes and Mr. Cheeu's, members of 
this church, Mr. Sam : Eaton, John Clark, Leiuetennant Seely 
John Chapman, Tliomas Jeflfreyes and Rich: Hull, members 
of other approued churches. 

And this charge was giuen and accepted by them. K you 
shall know any person or persons w<^h intend, plott, or con- 
spire any thing w<^h tends to the hurt or prejudice of this Juris- 
diction, or the ciuill gournment here settled, you shall forthw^i 
discouer itt to the magistrates, or to one or more of the Depu- 
ties who slialbe chosen and intrusted in the publique occa- 
sions of the same, you shall assist and be help full therevnto 
w^h body, minde and goods, in any thing w<^h may concerne 
the safety or promove the peace and welfare thereof, as God 
shall giue abillity and oppertunity. And you shall be subject 

• An error in the recorder for Gilbert 

t " It appears that the churches of New Haven and Milford were gathered to the 
seven pillars on the 22d of August, 1639. The tradition is that soon after Mr. Daven- 
port was chosen pastor of the church at New Haven, and that Mr. Hooker and Mr. 
Stone came and assisted in his installation.'* Trumb. I. 298. Mather, (Mag. B. iii. 
ch. 6,) says that they were gathered in two days, one following upon the other, Mr. 
Davenport's and Mr. Pruddens, and alludes to the place as being a mighty bam. 


to all lawes and orders w«h according to God shall be made 
by the court, to the vttmost of yo' power. 

This being done, the court proceeded to the choyce of a 
magistrate and 4 deputye[s] to assist in the publique aflfayres 
of the plautatio, Mr. Davenport first opening 2 scriptures (viz) 
Deut. 1. 13. and Exod. 18. 21. wherein a magistrate according 
to Gods minde is discribed. And Mr. Theoph : Eaton, a mem- 
ber of this church, a man well known and approved by the 
court as fittly quallified for thatt office according to the said 
discriptid, was by full consent chosen magistrate for the 
tearme of one whole yeare. And Mr. Davenport gaue him 
his charge grounded vpon Deut. 1. 16, 17. And Mr. Robert 
Newman, Mr. Mathew Gilbert, Mr. Nathainell Turner and 
Tho. Pugill was chosen deputyes to assist the magistrate in all 
courts called by him for the occasions of the plantatio for the 
same tearme of one whole yeare a[nd] receiued their charge 
faithfcdly to assist according to the trust comitted to th[em.] 

Tho. Pugill was chosen publique notary, to attend the court 
and from time to time to ke[ep] a faithful! recorde of all pas- 
sages and conclusions of the court, and of whatsoeu[er] else 
then or att other times shall by the court or magistrate be 
comitted to him concerning the ciuill publique occasions of the 

Robt. 8eely was chosen marshall, his imploym* and charge 
from time to time to warnc courts according to the directio of 
the magistrate, to serue and execute warrants, to attend the 
court att all times, and to be ready and dilligent in his person 
or by his deputy to execute the sentences of the court, and in 
all other occasio* to attend the service of the plantatio in all 
things apptauiing to his office. 

Itt was further agreed thatt there should })e a renewing of 
the choyce of all offi[cers] eucry yeare att a Generall Court to 
be held for this plantatio the last wecke in October yearely. 
And thatt the worde of God shall be tlic onely rule to be 
attended vnto in ordering the affayres of goucrnment in this 


[6] Octob: 26: 1639. 

The ciuill aflfayres of the plantatio being settled as before, 
by the puidence of Qod an Indian called Mcssutunck, alias 
Nepaupuck, who had beene formerly accused to have murder- 
ously shed the bloode of some of the English ; of his owne ao- 
corde w^h a deer's head vpon his back came to Mr. Batons, 
where, by warrant the marshall apprehended and pinioned 
him, yett nottw^hstanding by the subtillty and treachery of 
another Indian his companio, he had allmost made an escape, 
butt by the same providence he was againe taken and deliu'ed 
into the magistrates power, and by his order safely kept in the 
stocks till he might be brought to a due tryall. And the In- 
dian who had attempted his escape was whipped by the mar- 
shall his deputy. 

OCTO: 28: 1639. 

The Quillipieck Indian Sagandour w^h diui^s of his Indians 
w*h him were examined before the the magistrate and the 
deputyes for this plantatio concerning Nepaupuck. Tliey 
generally accused him to haue murdered one or more of the 
English, and thatt he had cutt of some of their hands & had 
presented them to Sassacuse the Pequott sachem, boasting 
thatt he had killed them wUi his owne hands. 

Mewhebato a Quillipieck Indian, kinsman to the aforesaid 
Nepaupuck, comeing att the same time to interceed for him, 
was examined whatt he knew concerning the murders charged 
vpon the said Nepaupuck ; att first he pretended ignorance, 
butt w^h a distracted countenance, and in a trembling manner; 
being admonished to speakc the truth he did acknowledge him 
guilty according to the charge the other Indians had before 

All the other Indians w^hdrawing, Nepaupuck was brought 
in and examined, he confessed that Nepaupuck was guilty ac- 
cording to the tennure of the form'' charge, butt denyed thatt 
he was Nepaupuck. Mewhebato being brought in, after some 
signes of sorrow, charged him to his face thatt he had assisted 
the Pequotts in murdering the English, this somewhatt abated 


his speritt and boldenesse ; butt Wattoone the sonne of Carra- 
hoode a councello' to the Quillipieck Indian sagamour come- 
ing in, charged him more perticularlj thatt he had killed 
Abraham Finch an English man att Weathersfield and thatt 
he himselfe, the said Wattoone, stood vpon the island att 
Weathersfield and beheld him the said Nepaupuck now pres- 
ent acting the said murder. 

Lastly the Quillipieck sagamc and the rest of the Indians 
being called in, to his face affirmed thatt he was Nepaupuck, 
and thatt he had murdered one or more of the English as 

Nepaupuck being by the concurrence of testimony con- 
vinced, he confessed he was the man namely Nepaupuck, and 
boasted he was a great captaine, had murdered Abraham 
Finch, and had his hands in other English blood, he said he 
knew he must dye, and was nott afraid of itt, butt layd his 
neck to the matletrce of the chimney, desireing thatt his head 
might be cutt of, or thatt he might dye in any other manner 
the English should appoynt, onely he said fire was God, and 
God was angry w*h him, therefore he would nott fall into his 
hands. After this he was retoumcd to the stocks and as 
before a watch appoynted for his safe custody. 

• A Generall Court 29: of Octob: 1639: 

A Generall Court being assembled to proceed against the 
said Indian Nepaupuck who was then brought to the barrc, 
and being examined as before, att the first he denyed thatt he 
was thatt Nepaupuck w^h had comittcd those murders 
wherew'h he was charged, butt when he sec that the Quilli- 
peck Sagamour and his Indians did againe accuse him to his 
face, he confessed thatt he had his hand in the murder of Abra- 
ham Finch, butt yett he said there was a Mohaukc of thatt 
name thatt had killed more then bee. 

Wattoone affirmed to his face thatt he, the said Nepaupuck, 
did nott onely kill Abraham Finch, butt was one of them thatt 
killed the 3 men in the boate or shallop on Connectecutt riuer. 


and tliatt there was but (me Nepaupuck and this was he, and 
the same thatt tooke a cbilde of Mr. Swaines att Weathersfield. 
Then the said Nepaupuck being asked if he would nott confess 
y^ he deserFod to dye, he answered^ it is weregin. 

The Court haue had such pregnant proofe, proceeded to 
pass sentence vpon him according to the nature of the fact 
and the rule in thatt case, he thatt sheds mans blood, by man 
shall his blood be shed, accordingly his head was cutt off the 
next day and pittched ypon a pole in the markett place. 

[7] A Court holden the S^ op Nouebiber 1689. 

Thomas Eimberley was admitted member of the court and 
recived his charge. 

Itt is ordered that Mr. Samuell Eaton, Captaine Turner, Bob^ 
Newman and Thomas Fugill shall treate w^h the Hartforde- 
shire men about their lotts, to see if they will part w^h them 
and vpon what tearmes. 

Itt is ordered thatt gates shalbe made att the end of every 
streete att the outside of the Towne, w*h all the outside fences. 
Mr. Eaton shall appoynt the men to doe itt. 

Itt is ordered thatt Mr. Hopkins shall have two hogsheads 
of lime for his present vse, and as much more as will finnish 
his house as he now intends itt, he thinking that two hogs- 
heads more will serve. 

Itt is ordered that Mr. Gilbert and Goodman Andrewes shall 
veiwc the crceke by the landing place, to see if lotts may be 
layd out there w^hout prejudice to y® towne. 

Itt is ordered tliatt Mr. Eaton, Mr. Sam : Eaton, Captaine 
Turner, Rob^ NewmS, Mathew Gilbert, Tliomas FugiU and 
Goodman Andwewes shall advise together about laying out 
allottments for inherritance. 

Itt is ordered thatt Mr. James shall have Francis Parrotts 

Thomas Badger being accused vpon suspitio of stealing 
mony fro Edward Cox, boatswaine of the Exeto*^ marchant, 
was referred to further proofe. 


A Gen'" Court the 25 op Nouember 1639. 

Itt is ordered that after this day no man shall cutt any tim- 
ber downe butt where he shall be assigned by the magistrate, 
except on his owne ground. 

Itt is ordered thatt Leivetennant Seeley and Goodm An- 
dwewes shall walke the woods, and if they finde any timber 
lyeing in the woods vncroscutt and squai*ed, and acquaint the 
magistrate therew^h, they shall have liberty to seiz vpon it, 
halfe for themselves, and halfe for the towne, the Yorkshire 
mens timber onely excepted : that timber w*^h is squared and 
crosscutt, time is given till the last of March next to fetch it 

Itt is ordered that a meeting house shall be built forthw^h, 
fifty foote square, and that the carpenters shall fall timber 
where they can finde it till allotm** be layd out and men 
know their owne proprietyes. 

Itt is ordered that Mr. Gregson & Mr. Evance shall have 
fower dayes liberty after this day to square their timber before 
tlie former order take holde of them. 

Whereas the building of the meeting house will cost 500* 
w<^h will require a rate of SO** in every hundred pounds, itt is 
therefore ordered thatt the said rate shall })c estreeted and 
payd att 3 sevcrall payments (viz.) the first forthw^h, the sec- 
ond m March next, and the third in May next after, and wUi 
this every one that are behinde with the form'' rate of 2o» vpon 
every hundred * are now to pay itt allso. 

Itt is ordered thatt Mr. Eaton, Mr. Davenport, Rob^ New- 
man, Mathew Gilbert, Captaine Turner and Thomas Fugill 
shall from hence forward have the disposeing of all the house 
lotts yett vndisposed of about this towne, to such persons as 
they shall judge meete for the good of the plantatio, and thatt 
none shall come to dwell as planters here wMiout their consent 
and allowance, whether they come in by purchase or other- 

Itt is ordered thatt every one that beares armes shall be 
compleatly furnished w^h armes (m), a muskett, a sworde, 
bandaleers, a rest, a pound of powder, 20 bullets fitted to 



their muskett, or 4 pound of pistol! shott or swan shott att 
least, and be ready to show them in the markett place ypon 
Munday the 16^^ of this Moneth before Captaine Turner and 
Leivtennant Seely vnder the penalty 20» fine for eu'y default 
or ab8en[ce]. 

[8] A Court holden 4**^ op December 


Itt is ordered that Thomas Saule shall agree w% 6oodm& 
Spinnage before the next court, or else the court will deter- 
mine the diflference betweene them. 

Roger Duhurst and James Stewart are injoined to make 
double restitutio to John Cockerill for five pound and seaven- 
teene shillings w*^h they stole out of his chist on the Lords day 
in the meeting time, and they being servants to the said Cock- 
erell, for w^h aggravatio they were whipped allso. 

Thomas Manchester, servant to Mr. Perry being accused by 
his Ma' for being druncke, and for giveing his Ma' vncomely 
language- for w<^h his Ma' having given him some correctid, 
the court (onely) caused him to be sett in the stocks for a 
certaine time. 

Nicholas Tanner, servant to the said Mr. Perry, for drunken- 
nes and abuseing his Ma' in wordes, was whipped. 

A Generall Court the 4**> op Jan: 


Itt is agreed by the towne and accordingly ordered by the 
court thatt the Neck shall be planted or sowen for the tearme 
of seaven yeares, and that John Brockett shall goe about lay- 
ing it out forthw^h, and all differences betwixt pty and pty 
aboute ground formerly broke vp and planted by English there 
shall be arbitrated by indiflFerent men w^h shall be chosen to 
that end. 

Itt is ordered thatt Mr. Davenports quarter, Mr. Eatons, 
Mr. Newmans and Mr Tenches quarters shall have their first 


divisiO of upland to begin att the sea side after the small lotts 
are layd out, and so goe on to the cow pasture, and to have 
their meaddow in the east meaddowes. And Mr. Evance 
quarter, Mr. Fowlers, Mr. Gregsons, Mr. Lambertons and the 
subburbs, are to begin w*h their lands att the oyster poynt, 
and so come on to the oxe pasture in order, and to have their 
meaddow in the west meadowes, in the meadowes called Mr. 
Malbon meadow, on the Indian side, and in the sollitary cove. 
Allso that the cow pasture shall begin on the hither side of 
the Beever ponds, and the oxe pasture on the farre side of the 
Bever pond, and the way to them both to begin att Mr. Ten- 
ches comer. 

Itt is ordered thatt no planter or planters shall make pur- 
chase of any lands or plantatid frd the Indians or others for 
their owne private vse or advantage, butt in the name & for 
ttie vse of the whole plantatio. 

Itt is ordered that some speedy course shall be taken to 
keepe hogs out of the neck. 

It is ordered thatt a convenient way to the hay place be left 
comd for all the towne. 

Itt is ordered thatt no cattell belonging to this towne shall 
goe w^hout a keeper after the first of May next. 

Itt is ordered thatt those thatt kill wolves and foxes shall 
have for every wolfe head 15» and for every foxe head 2« 6*^, 
and if any by setting guns or traps shall hap to kill any hogs 
or other cattell, the towne is to beare the damage till some 
other course be determined. 

Memorand. Itt is agreed that Mr. Evance quarter shall 
have their meadow in the East meadowes. 

Itt was agreed that every planter in the towne shall have a 
proportio of land accordmg to the proportio of estate w<^h he 
hath given in, and number of heads in his famyly, (viz) in the 
first divisio of upland & meadow 5 acres for every hundred 
pound, [an]d 5 acres for every two heads, of upland, butt 
halfe an acre of meadow to a head [and] in the nccke an acre 
to every hundred pound, and lialfc an acre to every head. 


[9] A Court holden the 5^^ op Febr. 


Itt is ordered by the court, thatt Mr. Malbon and John 
Reader, and whosoever else hath any thing to doe w*h the estate 
of William Thorpe, late deceased, shall appeare att the next 
court for the settleing of thatt busines. 

Itt is ordered thatt brother Turner shall see a true inven- 
tory taken of M*"" Higginsons* goods, thatt itt may be given 
into the court upon oath. 

Itt is ordered thatt Thomas Saule shall pay 5« in the weeke 
to Mr. Evance, to lye in his hands (for the securing of Good- 
man Spin age in respect of his clame to the said Tho: Saule) 
and thereupon Mr. Evance doth hereby ingage himselfe for the 
said mony vntill the said Thomas Saule shall neglect to pay 
the said mony according to ord«. 

Itt is ordered thatt brother Andrewes, bro: Kimberley, 
William Eves and Sergeant Beckley shall assist Mr. Ling to 
ripen Goodman Taps busines against the next court, concern- 
ing his demaiuid of certaine monyes w<^h he disbursed for 
bringing cattcU from tho Bay, appertayning to divers persons. 

Itt is ordered that bro : Andrewes shall detaine somuch of 
Rob' Campian his wages in his hands as may secure a debt of 
3^ w<^h Mr. Moulcno"" demaunds of the said Rob^ 

Itt is ordered thatt Mr. Mouleno"" shall pay to Mr. Perry 10" 
w*^h he owes to him. 

Itt is ordered thatt Mi\ Wilks shall pay 5 bushells and a halfe 
of indiaii corne to Thomas Buckingham for come destroyed 
by Mr. Wilks his hogs. 

Isaiah, Captaine Tumors man, fined 5^ for being druncke on 
the Lords day. 

William Bromfield, Mr. Malbonsman, was sett in the stocks 
for prophaiuing the Lords day and stealing wine from his Ma' 
w«^h ho drunk and gave to othei*s. 

Ellice, Mr. Batons boy, was wliipped for stealing a sow and 
a goate fr6 his Ma"" and selling them. 

David Anderson was whipped for being drimke. 

* Widow of Rev. Francis Higginson. For an account of his life see Mather, Mag. iii, 
p. 12, ch. 1, and Gen. Reg. 6, 106. She may have been a relative, perhaps sister, of 
Governor Eaton. 


John Jenner accused for being drunke w^h strong waters was 
acquitted, itt appearing to be of infixmyty & occasioned by the 
extremyty of the colde. 

Mr. Mouleno"^, accused of being drunke, butt nott clearely 
proved, was respited. 

Peter Browne licenced to bake to sell, so long as he gives no 
offence in itt justly. 

A Generall Court the 18 op Feb: 


Mr. Qregson and John Mosse were admitted members of the 

John Charles was forbiden to draw wine because there hath 
beene much disorder by itt. 

Goodman Loue tras whipped and sent out of the plantatio, 
being nott onely a disorderly person himselfe, butt an incour- 
ager of others to disorderly drinking meetings. 

Greorge Spencer being prophaine and disorderly in his whole 
conversati6 and an abettor of others to sin, and drawing on 
others into a conspericie to carry away the Cock* to Virgenia 
was whipped aud sent out of the plantatio. 

John Proute, Hen: Brasier and Will Bromfield was whip- 
ped for joyning in the aforesaid conspericie, and the said Hen : 
and William were ordered to wearc irons durcing the magis- 
trats pleasure. 

[10] 25th OP Feb : 1639. 

Mr». Higgingson, late planter of Quillipieck dyeing w^hout 
makeing her will, <fe leaveing bcliinde her eight children, an 
inventory of her estate bemg taken, the court disposed of her 
estate and children as foUoweth wUi the consent and approba- 
tiO of Mr. John Higginson her eldest sonne.f 

* The name of a small vessel. 

t Rev. John Higginson was born in England Aug. 6, 1616. Some time after the 
death of his father with whom he came to this country in 1629, he was the instructor 
of a school at Hartford, his mother with six of her children being somewhat depend- 
ent upon his exertions for her support ; after this he was chaplain at Saybrook fort 


The said John Higginson, the charges of his educatid con- 
sidered, is onely to have his fathers books, together w% the 
value of 5* in bedding for his porcO. 

Francis Higginson the second sonne and Tymothy the third 
Sonne, their educatid allso considered, are to have each of them 
twenty pounds for their portions. 

Theophilus Higginson though well educated, yett in regard 
of his helpfullnes to his mother and her estate, is to have forty 
pounds for his porti6. 

Samuell Higginson is allso to have 40> for his portio, and to 
be w*h Mr. Eaton as his servant for the full tearme of 2 yeares 
firom the first of March next ensueing. 

Theophilus and Samuell are to have the lott w*h all the 
accommodatio* belonging therevnto, equally to be devided 
betwixt the, for fifty pounds of their porti6«. 

Anne Hi^nson her daughter, is to have forty pounds for 
her porti6 and her mothers olde clothes, together w^h the 
remainder of the estate when the debts and other portions are 

Charles Higginson is to have 40^ to his portio, and to be w*h 
Thomas Pugill as his apprentice vnto the full end and tearme 
of nine yeares from the first of March next ensueing the date 
hereof. And the said Tho : Fugill is to finde him what is con- 
venient for him as a servant, and to keepe him att schoole one 
yeare, or else to advantage him as much in his educatio as a 
years learning comes to, and he is to have the benifitt of the 
vse of his portio till the said tearme be expired, and att the 
end thereof to pay itt to the said Charles Higginson, if he live 
till the said nine years be expired, butt if he dye before, then 
the sfrid Thomas Fugill is to pay the said porti6 to the rest of 
his brothers tliatt are alive att the end of the said nine yeares. 

Neophitus Higginson being w^li Mr. Hoffe in the Bay of 
Mattacusetts, is to remaine w'h him and to be brought vp by 
him till he attayne the full age of 21 yeares, and in the meane 
time, Mr. Hough is to have 40^ of the estate, w^h he is to pay 

several jeara. In 1641 he went to Guilford and became assistant to Mr. Wbit6eld 
whose daughter he married. He was chosen one of the seven pillars there in 1648. 
He left Goilford in 1669. Allen, etc. 


to the said Neofatus att the end of the said tearme as his 

When the farme att Sawgiis is sould itt is to be equally 
devided among the brothers. 

Att a Court held the 5**> op March 1639 : 

Whereas a will was made by Nathaniell Axtell the 27^*> of 
Jan : 1639*, before his goeing into olde England, and left in 
the hands of Goodman Miles for the disposeing of his estate 
w^h he left allso in the hands of the said Richard Miles, and 
he being now departed this life, It is ordered by the court 
thatt a true inventory of all his goods in this place be taken 
by Captaine Turner and Goodma Miles, till further course be 
taken about them. 

Itt was ordered that Mr. Gregson and Mr. Gilbert should 
prize the goods of George Spencer. 

Itt was ordered that Mr. Johnson shall have the cellar that 
Thomas Welch lived in to make a warehouse oflF, oncly to lay 
goods in itt while he hath neede of itt for that vse, and then 
liberty to sell itt (as itt shall be judged), to some planter w*h 
the consent of the court not claymeing any propriety in the 
ground as inherritance. 

Mr. LambertonsmaujHen. Brasicr, was freed fro his chaines 
fro hence forward. Witt Bromfield and Tho : Manchesf^ are 
to weare theirs a weeke longer. 

[11] A Court holden the S^ of Aprill 1640. 

Itt is ordered thatt Mr. Fowler, John Cockerill and Leive- 
tenant Seeley shall prize the goods of Tho : Ashby and Tho : 
Johnson who were lately drowned. 

Itt is ordered that John Reader in whose hands William 
Thorps goods was left, shall have them forth comeing so as to 

* The will is not preserved, but Dr. Bacon perhaps overlooked this record when he 
conjectured Edward Tench's will to have been the first made in New Haven. Hist. 
Disc. 827. 


give a good accoumpt of them att the next court, or when 
he shall be called, thatt those to whom he was mgagedmay be 

Itt is ordered thatt brother Andrewes and brother Monnson 
shall veiw the grounds of diflFerence betwixt Mr. Malbon and 
Thomas Mouleno*^ the elder, and acquaint Mr. Turner, Mr. 
Gilbert, Mr. Lamberton and Thomas Pugill w*h the same, who 
are desired to end the same if they can, or else to certyfye 
where the impediment lyes. 

Itt is ordered thatt Mr. Malbon and Goodman Potter shall 
equally share in the losse of 24" due vnto them frc George 
Spencer, because there is not sufficient to satisfy them both to 
the full. 

Itt is ordered that Arther Halbidge shall pay 40" fine for 
falling trees and selling clapboard, contrary to the orders in 
that case. 

Itt is ordered thatt the mony left (in the hands of Mr. 
Browning) by John Dyer, shall be reserved to secure a debtt 
and satisfic the demands of bro : Andrewes. 

Itt is ordered thatt the gates att the ends of the neck bridge, 
and the way to itt be made convenient forth w*h. 

Itt is ordered thatt John Mosse, Tymothy Forde and Richard 
Beach shall pay each of them 1« fine for trees w<^h they did 
fall disorderly. 

Hen : Akerlye was rebuked for building a cellar and selling 
itt w'hout leave. 

Itt is ordered that all the trained band shalbe in the mar- 
kett place the 3«* day next weeke by 7 a clock in the morning 
w^h their armes compleat. 

A Court holden the 6* op May 1640. 

Itt was ordered thatt Mr. Fowler and John Cockerill shall 
have the goods of the 2 men thatt was drowned, to satisfie 
their debt so far as itt will goe ; pvided, thatt if any other 
shall lay just clame to the said goods, then they are to be 


equally devided among the credeto'^ according to their pro- 

Itt is ordered thatt a measurer shall be appointed to meas- 
ure all the come thatt comes into the plantatio to be soldo, 
and for that end a role shall be made to strike the bushell w^h. 

Liberty granted to Mr. Gregson, bro : Andrewes and Goodm 
Warde to lett their timber lye in the woods for the space of 2 
moneths w^hout forfeiture. 

An account delinked into the court by Mr. Lamberton be- 
twixt himselfe and Goodm Spencer whom he imployed as his 
steward att sea in his voyage hither, for w^h service he allows 
him 5^ 10« for the whole voyage, butt whereas he dyed before 
he had served halfe the voyage, ho desired that Roger Allen 
who suc-ceeded him should Iftive the one halfe of the hyer, 
and promised that if more wages were ordenaryly allowed in 
that place for thatt voyage, he will allow as much to the said 
Goodma Spencer, and w^hall that he will be ready att any 
time to make oath of the truth of that account w<^h he had 
given in, w^h w^h Mr. Fowler, and Goodma Tapps were satis- 
fied, (who were intrusted for the child of the said Spencer late 

[12] A Court holden the third of June 1640. 


All the Ma" of the watches received their charge and 
orders as foUoweth, 

1. The drumm»^ is to beat the drum att the goeing downe 
of the sunne. 

2 The Ma"^ of the watch is to be att the court of guarde 
w'hin halfe an hower after the setting of the sun w4i his 
armes compleatc. 

3 All the watchmen are to be there w^hin an hower after 
the setting of the sun, w*h their armes compleate, and their 
guns ready charged, and if any of them come after the time 
appoynted, or be defective in their armes, they are to pay 1» 
fine, for totall absence 6" fine. And if the Ma' of the watch 
transgresse, either in late comeing, defectivenes in armes or 



totall absence, his fine is to be double to the watchmens 
fine in like case. 

4 The M'' of the watch is to sett the watch an hower after 
siinsctt, devideing the night into 3 watches, sending forth two 
and two together to walke their turnes, as well w^hout the 
towne as w'hin the towne and the subvrbs allso, and to bring 
to the court of guard any person or persons whom they shall 
findc disorderly or in a suspitious manner w^hin dores or w*h" 
out, w^her English or or Indians, or any other straingers what- 
^oQxv and keepe tliem there safe untill the morning, and then 
bring them before one of the magistrates. 

If the watchmen in any part of their watch see any appar- 
ent comon danger w<=h they cannott otherwise prevent or stop, 
then they are to make an alaru4)y discharging their two guns 
w^h are to be answered by him thatt stands att the dore to 
keepe sentinell, and that allso seconded by beating of the dru. 
And if the danger be by fire, then with the alaru the watchm 
are to cry fire, fire. -^Vnd if itt be by the discovery of an 
enemy, then they are to cry arme, arme, all the towne ou^, 
yett so as to leave a guard att the court of guard. 

5. The Mar is to take care that one man alwayes stand sen- 
tinell in a sentinell posture wUioutthe watch house to hearken 
dilligcntly after the watchmen, and see that no man come 
neare the watch house or court of guarde ; no, not those of the 
p'^sent watch who have beene walking the round, but that ho 
require them to stand and call forth the Ma»^ of the watch to 
qucstio, proceed or receive them as he shall see cause. The 
Ma»^ of the watch is allso to see that none of the watchmen 
sleepc att all, and thatt none of their guns remaine vncharged 
till the watch breake up (and then they may discharge), and 
allso that no man lay aside his armes while the watch con- 

6. Every M^ of the watch in his course, is to wame both 
his owne watch and the M' of the succeeding watch, fewer and 
twenty howers before they are to watch, and not to doe itt 
sleightly, butt either to warne the psons themselves, or to 
leave the warning w*h some sufficient for such a trust. 

Lastly, if any Ma^ of the watch shall faile either in the 

1640] Kew haven colokt records. 85 

warning or ordering of the watch in any of the forenamed 
pticulars, or shall breake vp the watch in the morning before 
itt have beene full halfe an hower day light, or neglect to com- 
plaine to one of the magistrates of the neglects or defects of 
any of the watchmen, he is to be fined by the court according 
to the quallity of his oflFence. 

Edward Bannister, for his contempt of the court, and therein 
the ordinance of God, was fined twenty shillings. 

Edward WoodclifFfor slaimdering his Ma'^s wife was whip])cd 
seyeerly and sent out of the plantatio, being a pestilent fellow, 
and a corrupter of others. 

Nathaniell Axtell his will, and inventory of his goods deliu- 
ered into the court. 

[13] A Generall Court helde the 11^»» op June 1(540. 

Mr. James, Adam NichoUs, Abraham Bell, Francis New- 
man, Andrew Low and Thomas Mounson was made freemen, 
and admitted members of the court, and accepted the charge 
of freemen. 

Itt was ordered thatt comoditycs well bought in England 
for ready mony, shall nott be solde here above 8'^ in the sliil- 
ling for proffitt and adventure a))ove what they cost wMi 
charges, when solde by rctayle, when solde by the peccc or 
vessell by wholesaile, lesse proffitt may suffize. 

When bought from ships or other vessclls here, not a))ovo 
3°^* in the shilling by retale, nor above a peny in the shillin<r 
by wholesaile. Butt comodityes of a perishing na"", su})ject to 
waste and damage, fall not vnder the former rates, yet the 
rates to be so ordered that neither buyer nor seller suffer in 
the rates. 

Comodityes bought and brought fro the Bay, Conncctecutt, 
Virgenia or other places, to be in proportio moderated in the 
pri&es, according to the adventures and nature of the com. 

♦ " Obolus is now usually taken to signify our half penny ; but in oM time it sij^ni- 
fied the half noble; the noble was then called penny, and it« quarter a farthing." 
Bailey's Diet. 


In caUings w^h require skill and strength, as carpenters, 
joyners, plasterers, bricklayers, shipcarpenters, coopers and 
the like, ma^ workemen not to take above 2* 6*^ a day in sum^, 
in w<^h men may worke 12 howers, butt lesse then 10 howers 
dilligently improved in worke cannot be accounted nor may 
bo admitted for a full dayes worke, nor in winter above 2« a 
day, in w<^h att least 8 howers to be dilligently improved in 
worke. And by advice of approved m*" workemen the names 
of others who in their sevorall trades are to be allowed for m"^ 
workemen are to be sett downe. Butt all workemen in the 
former and like trades, who are not as yet allowed to passe 
vnder the names of ma^^ workemen, not to take above 2s a day 
in sum' and 20^ a day in winter, they improveing their time 
in worke both in sum' and winter as above expressed. 

Planters and laborers, experienced and dilUgent in their 
way, not to take above 2* a day in sum', and not above 18^ in 
winter improveing their time as above, and others in propor- 
ti6, as they may deserve, and boyes to have wages in sum' and 
winter in seurall imploymt" according to the service they doe, 
w^'h shall be judged, (when any doubt ariseth), by honest and 
indifferent men. 

For goeing w'h boats of seuerall sorts, the man not above 
2* a tyde, the whole tyde being dilligently improved according 
to the nature of that imploym^ 

And for boates, according to their quallity and burden. A 
lighter of 16 tunno w^h a boate or cannow w'h her, not above 
3« a tide, and one of 12 tunne, with a boate, not above 2» 6<* a 
tide. A shallop of 4 tunne, not above 1^ a tide, and so in re- 
spective proportio. Butt in such raines or stormes that goods 
cannot be laden without spoyling, nor the boate stirr though 
the tide serve, no paym' to be made for the boate in such tides, 
though the man be paid while he attends the service. 

Sawing by the hundred not above 4» 6^ for boards. 5» for 
plancks. 5« 6^ for slitworke and to be payd for no more 
than they cutt full and true measure. If by the dayes worke, 
the top man or he that guides the worke and phaps findes the 
tooles, not above 2« 6<* a day in som', and the pitt ma, and he 
whose skill and charge is lesse, not above 2% and a proportion- 


able in winter as before. If they be equall in skill and charge, 
then to agree or divide the 4« 6^ betwixt them. 
• Falling of timber, that w<^h is fall 2 foote ou' or above, one 
w% another not above S^ a foote ; lesser timber, being yett 
full 18 inches ou>^ and under 2 foote, not above 2^ a foote; all 
other trees of lesser size not 18 inches ou% either by dayes 
wages, or as shall be reasonably agreed. Crosscutting, by the 
day, as other labo*"*, or as shall be agreed w^h equity. 

Hewing and squaring timber of severall sizes, one w^h 
another, butt the least 15 inches square, well done that a 
karfe* or planke of 2 inches thicke being taken off on 2 sides, 
the rest may be square for boards or for other vse, not above 18^ 
a tun girt measure. And for timber sleightly hewen a price 
proportionable, or by day wages. As for sills, beames, plates 
or such like timber, square hewen to build w^h, not above a 
peny a foote running measure. 

[14] Mowing, when by the acre, not above 3« salt marsh, nor 
above 2» 6*^ fresh marsh, when by the day, not above 2« 6^, 
and this to be of skilfull mowers, dilligently improveing their 
time and skill. A skillfull thatcher, working dilligently, not 
above 2« 6^ a day. 

Fenceing w'h pales, as houslotts, now arc, for felling and 
cleaveing posts and railes, crosscutting, hewing, mortising, dig- 
ging holes, setting vp and nailing on the pales, the workc 
being in all the pts well wrought and finished, not above 2^ a 
rod, butt in this price pales and carting of the stuffc not in- 
cluded. Fencing w'h 6 railes, substantiall posts, good railes, 
well wrought, sett vp and ramed, that pigs, swine, goates and 
other cattell may be kept out, not above 2'' a rod. Fencing 
w'h 3 railes, good stuff, well wrought and finished, not above 
ISd the rod. 

Substantiall posts sould in the woods, not above 9^ or lO" 

by the hundred, being in length and goodncs answerable to 

' the price. Good railes, 11 foote long, some of them 7, some 

6, butt the least in the smallest pt of itt not less then 5 inches 

♦ " Kerf, the way made by the saw or the away sht in a piece of timber or board. 
The sawn away slit between two pieces of stuff is called a kerf." Bailey's Diet. 


broade, one w^h another one w^h another indifferently sorted, 
not above 7« the hundred. 

Inch bords to be sonld in the woods nott above 5« 9^ ^ 

halfe inch boards in the woods not above 6 — 2 ^ 100. 

2 inch planke in the woods not above 7 — ¥ 100. 

inch boards sould in the towne not above 7 — 9 ^ 100. 

halfe inch boards in the towne, nott above 6 — 2 W' 100. 

2 inch planke in the towne not above 11 — ^ 100. 

Sawen timber 6 inches broad and 3 inches thicke ) f far<> 

in the woods runing measure not above J ^ foote. 

in the towne not above 1^ ^ foote. 

Sawne timber 8 inches square running measure in ) 1^ i 

the woods not above J ^ foote. 

in the towne not above 2^ ^ foote. 

Clapboards in the woods, good stuffe, not above 4* OV 
100. 6 foote long 3- 6^ . 5 foote and 4 foote 3- ^ hundred ; 
hewing and nailing them on roofes and sides of houses, well 
done not worth above 5« ^ hundred, butt as most are done, 
not worth above 2» Q^. Shingle, good stuff f of an inch, and 
6 or 7 or 8 inches broad, sorted in the woods,* being 3 foote 2« 
6d ^ hundred. 2 foote 2». 14 inches 1» ¥ hundred, butt if 
defective, price accordingly. 

Lime well burnt vnslaked, and brought by water to the 
landing place of the towne, by the bushell heaped, not above 
9^ the bushell, by the hogshead, full gage and so putt in that 
when carted from the water side to the place where it shall be 
vsed the hogshead may yet remaine full, not above 5" ^ hh<*. 

A Court holden the 1* op July 1640. 

Daniell Fuller for neglect of his watch was fined tliree shil- 

Thomas Parsons and John ^ , servants to Elias Park- 
more were whipped for their siu^ll dalliance and folly wUi 
Lidia Browne. 

Andwew Low the sonne of Andrew Low, was whipped for 


niniug fro his ma^ and stealing fruite out of Goodman 
Wards lott or garden. 

Tho: Chambers being accused for scoffing at religiO, it not 
being suflSciently proved, he was dismissed oncly w*h an admo-- 
nitio and cautid. 

Arthur Halbidg being charged w<h falce measure in lime, 
was respited till another court for a more full testimony. 

[15] A Court holden the 5*^ op August 1640. 

Itt was ordered thatt Thomas Games shall pay vnto John 
Moody or his assigns, 600 weight of good tobacco, w^h should 
have beene payd 14 or 15 moneths agoe. In consideracon 
whereof, the court doth order the said Thomas Games to pay 
vnto the said John Moody ^ a hundred weight more of to- 
bacco for the forbearance of itt so long a time. 

John Cockerill received in the court 3 — 8 — 10 of the mony 
of Thomas Johnson, vpon condicon y* he shall repay itt into 
the court in case any others shall lay clame to the same and 
require satisfactio. 

Itt is ordered that Mr. Craine shall pay the rates due for Mr. 
Roe* to pay, in consideration of his lott and estate here given 
in : and thatt if he come not the next yearc, the lott shall be 
att the towns dispose, and the rates payd for him to be de- 
ducted out of his estate here in cattell when they are soulde. 

Goodni Osborne fined 5» for neglcctmg to warne the watch 
mar next succeding his owne, whereby the watch was neg- 
lected 3 nights. 

Brother Perry was fined one shilling for warning his watch 
too late, tho the watch was not neglected. 

* Owen Rowe was a tradesman in London and of the company designed for New 

England, and had in 1636 a lot laid out in Boston. Upon the change of times ho chose 

to remain in London, became a colonel in the great civil war and one of the regicide 

judges. Ue died in the Tower on Christmas day 1661. Hutch. Coll., 59. Savage 

Winth. I, 475. (Ed. of 1853.) 

40 new haven colony records. [1640 

Att a Gen'IJ Court held the 1* op the 7**» Moneth 1640; 

Mr. Lamberton and Thomas Nash was admitted members 
of the court and received the frecmans charge. 

Itt is ordered that all men thatt have nott yet payd in all 
the olde rates for the comm6 charges of the towne, shall pay 
itt w^hin 14 dayes after the date hereof, or else some other 
course must be taken to compell them. And allso thatt 
another rate be forth w*h estreeted of 200^, halfe vpC estates 
and halfe vpon lands. 

Mr. Turner was chosen Captaine to have the comaund and 
ordering of all martiall affayres of this plantati5, as setting and 
ordering of watches, exerciseing and training of souldiers and 
whatsoeu^ of like nature appertaining to his office ; all w^\\ 
he is to doe wUi all faithfuUnes and dilligence, and be ready 
att all times to doe whatsoeu^ service the occasions of the 
towne requires or may require. 

Itt is ordered that eu^'y man that is appoynted to watch 
whether m" or servants, shall come every Lords day to the 
meeting compleatly armed, and all others also are to bring 
their swords, no man exempted save Mr. Eaton, o' pasto', Mr. 
James, Mr. Samuell Eaton and the 2 deacons.* 

The plantatio of Totokett is granted to Mr. Samuell Eaton 
for such friends as he shall bring ouer from olde England, and 
vpo such tearmes as shall be agreed betwixt himselfe & the 
comitty chosen to that purpose, (namely) Mr. Eaton and the 
4 deputyes. 

This towne now named Newhaven. 

Itt is ordered that when Mr. Rocs lott shalbe fenced in, o' 
pasto' shall have a way or passage left 8 footo broad betwixt 
it and Mr. Craincs lott, y* he may goe out of his owne garden 
to the meeting house. 

Itt is ordered thatt none in this plantatio shall either sell or 
lett a lott to any strainger for yeares wUiout allowance frO the 

Itt is ordered thatt att this day every yeare all the ram 
goates in the towne shall cither be side stringed or some other 

* Matthew Gilbert and Robert Newman. 


course taken w^h them so as they cannot ram the ewes till the 
fittest season. 

A pecce of ground granted to Mr. Lamberton for a yeard to 
his sellar by the west creeke, butt to be veiwed by the comitty 
chosen to dispose of all the lotts and lands aboute the towne, 
and sett out by them to him, vp6 these tearmes, (viz) that he 
shall give for the ground whatt they shall appoynt, and sell 
both house and lott at what time and to whom the court shall 
approve of, and that att a reasonable price. 

[16] Att a Court held att Newhaven the 2<J op 7 m ; 1640. 

Itt is ordered that Leiveten^ Secly shall pay vnto John 
Cockerill 14^ 11» either in mony, come or cattoU, as they shall 
be indifferently prized by indiflFerent men w<^h shall be chosen 
by them for that end. 

Tho : Saule doth acknowledg himselfe bound in the sum of 
20^, to be leavied of his goods and chattells for publique vso 
of this towne, vpon condicon thatt he satisfie the just demaunds 
of Humphra Spiuage when soeu»^ he shall be called to an ac- 
count aboute a clame w*^h the said Spiuage doth make in the 
behalfe of one in London. 

Itt is ordered thatt Goodman Chapman shall forthw^h pay 
vnto Job. Cockerill the sQ of 5^ 10" w^h he is indebted to him. 

Rob* Cogswell is ordered to pay vnto Mr. Attwatcr and his 
bro: David the mony w^h he owes them, before the next court. 

A difference betwixt Mr. Craine and Captaine Turner refered 
to bro: Gilbert and bro: Ncwin to arbitrate. 

Richard Mansfield fined 2« for neglecting his watch. 

Tlie men appoynted to veiw the meaddowes, to sett downe 
before lotts be cast, what allowance is equall to be cast into the 
acre where the meadowes are bad, Benjamin Lingo, William 
Andrewes, Richard Perry, Witt Touttle, Jasper Craine, John 
Chapman, Mr. Lamberton, Rob^ Seely,John Wakeman,Rich: 
Miles, Thomas Welch, Anthony Tompson, John Ponderson, 
Fran. Newman and Jer: Dixon. 



AtT a CoUBT held ATT NbWHAVEN the 6* OP THE 8^^ M. 1640. 

Goodih Warde fined 2« for neglect of his watch and putt out 
of his place from being ma' of a watch. 

WiH Gibbons, Francis Browne and Tho : Pranckland fined 
!■ apeece for late comeing to keepe their watch. 

Bobt ChampiO being accused for drinking wine to excesse, 
was fined 5». 

Thomas Mouleno>^ the elder, and Robt Campi6 were fined 5* 
apeece for affronting the court. 

On Wednesday, being the 14^*» of October, the deputies 
aforesaid went to veiw the meadowes', and haveing pfected 
their worke, they gave in an account of their worke, as 
appeares by the plotts of the meadowes. 

[17] Att a Gen'JI Court held att Nbwhaven the 28 op 

the 8 m: 1640. 

Itt is ordered euery one of the 5 quarters whose proportia of 
meadow is vnder 8 acres, shall have itt in the iland in the east 
riuor, and in the mill meadowes, and their vpland att the 
vtmost end of the first divisiO of the Yorkeshire quarter 
w^hout the 2 miles beyond the west river. 

Itt is ordered thatt Mr. Eaton shall have 50 acres of his 
meadowes in the meadowes towards Totokett, neare vnto tho 
way that goes to Manunkatucke, w^h upland answering that 
proportio. And all the rest of his meadow he is to have att 
his owne choyce in the east meadowes and vpland adjoyning, 
as itt may best sute his conveniencie w^h whatsoeu' convenien- 
cies the place will afforde him for a farme. 

Itt is ordered thatt o<^ pasto^ shall have his farme where he 
shall desire itt w^h all the conveniencies of vpland and meadow 
and creeks w^^^ the place where he pitches will afforde, though 
above his proportio, according to his desire. 

Itt is ordered that Gaptaine Turner shall have his lott of 
meadow and vpland where he shall chuse itt for his owne con- 


veniencie, thatt he may attend the service of the towne w<^h his 
place requires. 

Itt is ordered thatt all liie ypland in the first divisio w^h all 
the meadowes in the plantatio shall pay 4<^ an acre yearly, and 
all the land in the 2^ divisio shall pay 2*^ an acre yearely, att 
2 severall dayes of paym^ (viz), the one in Aprill, and the 
other in October, to raise a com6 stock or publique treasury, 
and thatt a steward or treasurer shall be chosen to receive and 
dispose of itt according to the occasions of the towne, and give 
a yearely account of itt to those thatt shalbe appoynted to 
receive the account. 

Itt is ordered thatt in the 2^ divisio every planter in the 
towne shall have for every hundred pound estate given in, 
twenty acres of vpland, and for every head two acres and a 

Mr. Craine is allowed 300^ to his estate formerly given in, 
and Mr. Touttle to add 50^ to his, provided thatt they pay all 
rates backward and forwarde, and if they remove, to sell noth- 
ing butt improvem**. 

Itt is ordered thatt all the small lotts about the towne shall 
have 4 acres of planting ground to every lott, and an acre to 
every head layd out beyond the east river, betwixt o"" paste" 
farme and the Indians wiggwams. 

Itt is ordered thatt Mr. James shall have his meadow att the 
lower end of the Neck, and bro: Andrewcs shall have his 
meadow among the small lotts as itt shall fall by lott, in the 
Hand or Mill meadowes. 

Itt is granted to the 2 deacons to chuse where they shall 
have their farms, as neare as may be to the towne, thatt they 
may the better attend their office. 

Itt is ordered that Mr. Gregson shall be Truck ma^ of this 
towne for this yeare ensueing, to truck w^h the Indians for 
venison, so as he may afFordc to sell to the planters thatt have 
need att 3°^ a pound, all together, good and bad, one wUi 

Itt is ordered thatt no English men thatt kills venison shall 
sell the fattest for above 3*^ a pound, and the leane att 2*^ f'^. 


Itt is ordered .thatt the causway to the neck shall be made 

Itt is ordered that wampam shall goe in this plantatio for 6 
a peny. 

[18] A Court op Elections held att Newhaven the 29*'» 

OP 8 m: 1640. 

Bro: Perry, Andrew Hull, Witt Peck, Goodm Shirman, 
Goodm Gibbs and Goodm Livermore were admitted members 
of the court. 

Mr. Eaton chosen magistrate againe. 

Mr. Rob* Newm, Mr. Gregson, Mr. Gilbert, and Captaine 
Turner chosen deputyes. 

Tho: Fugill chosen secretary. 

Rob* Seely chosen marshall. 

Jer. Dixon allowed to add to his estate formerly given in, 
so much as will make itt 3 himdred pounds, so as he pay all 
rates for thatt estate backward and forward. 

Ben: Lingo and Witt Touttle are allowed to liave their 
meadow where Mr. Eaton hath his first 600 acres, (viz) in the 
fresh meadows towards Totokett, and Mr. Craiuc is to have 
his allso there. 

Allowance is to be given in land to those thatt want of their 
proportio in their houslotts, 2 rod for one in the first divisio, 
and 3 for one in the 2^ divisiO. 

Itt is ordered thatt Tymo : Baldwins lott shall have land 
layd to itt for 6 heads & 600^, and reserved for an elder. 

Itt is ordered that nott above 4 moncths shall be accounted 
for winter in workmens wages, provided thatt they improve 8 
bowers dilligently in worke every day when they expect to be 
payd for a daycs worke. 

Itt is ordered that if any workem take more then is appoynt- 
ed for worke and wages, he thatt gives itt and he thatt takes 
itt shall each of them pay a dayes worke fine, and the inform' 
shall have the 4^*» p^ 

Itt is ordered thatt every one thatt comes after they beate 


the drum y® 2^ time, or come defective in armes on trayning 
dayes, shall pay 1» fine, and for totall absence 6«. 

A Gen'I^ Court holden att Newh, the 4 op the 9^^ moneth 


Whereas Andrew Ward and Robt. Coe of Weathersfield 
were deputed by Weathersfield men, the 30*^ of the 8^*> 
moneth comonly called October 1640, to treate w^h the court 
att Newhaven about the plantatio (lately purchased by the 
said towne*) called Toquams, w^^ being considered of, itt was 
agreed vpon by the said court and ptyes aforesaid, that they 
shall have the said plantatid vpon these tearmes following. 
First, thatt they shall repay vnto the said towne of Newhave 
all the charges w<^h they have disbursed about itt, w<^h comes 
to 33* as appeares by a note or scedule here vnto annexed. 
Secondly thatt they reserve a fift pt of the said plantatio to be 
disposed oflF att the appoyntm* of this court to such desireable 
psons as may be expected, or as God shall send hither, pro- 
vided that if w^hin one whole yeare such psons doe not come 
to fill vp those lotts so reserved, thatt then itt shall be free for 
the said people to nominate and present to this court some 
psons of their owne clioycc w^h may fill up some of those lotts 
so reserved, if this court approve of them. Thirdly tliatt they 
joyne in all poynts w'li this plantatio in the forme of govcrm^ 
here settled, according to the agrcem^ betwixt this court and 
Mr. Samuell Eaton about the plantatio of Totokett. 

These articles being read together w^h Mr. Sam: Batons 
agrecm^* in the hearing of the said partycs or deputyes, itt 
was accepted by them, and in witnes thereof they subscribed 
their names to the articles in the face of the court. 

♦ Capt. Turner as agent for the people of New Haven bought of Ponus Sagamore 
of Twiuams, and of Wascussue Sagamore of Shippan, (the other Indians consenting 
thereto,) all the ground belonging to the said Sagamores, except a piece of ground 
which Ponus reserved for himself and the other Indians to plant upon, The considera- 
tion was 12 coats, 12 hoes, 12 hatchets, 12 glasses, 12 knives, 2 kettles, and four 
fathoms of white wampum. The liberty of hunting and fishing on the land was re- 
served by the Indiaas. This agreement was signed on the first of July, 1640. 

Stamford Rec. B. p. 30. 



46 KBW HAVEN <X)LONT fiE00ftt>8. [1640 

Itt is ordered by the court that (Joodffii Quick shall gire 
security here for the barke and his account to the owners ac- 
cording to their request U)fHlr. Eaton, and for thatt end the 
moneyes thatt are in the hands of Captaine Turner and Mr. 
Oregson, and should be payd to Weathersley, but layd clame 
vnto by the saide Quick, are to be detained till things be 
cleared betwixt them. 

Itt was ordered thatt Qeorg Badcock, servant to Mr. Eaton, 
shall serve out his time w^h his ma' to the full end and tearme 
of six yeares (from his first comeing) according to his in- 
gagem^ as appeared by the testimony of John Mason and his 
owne confessio. ,• 

[19] Edward Adams testified vpon oath thatt the note of 
informacO w<^h he had form'ly delivered into the court (con- 
cerning lime w«^h Arther Halbidg hath delivered to the mill) 
is true, w^h when he had done, Arther Halbidge excepted 
against itt, thinking to prove the said Edward Adams a pjured 
pson. Butt Goodman Pigge, Rich : Beach and John Wake- 
field affirmed the truth of what Edward Adams had testified, 
(though the said Artur Holbidg did conceive they would have 
contradicted Edw: Adams his testimony), Itt was therefore 
ordered thatt the said Arther should pay two folde for all the 
want of measure thatt is charged vpo him and from hence 
forth take noe worke by the great, nor burne any lime to sell. 

Att the 2^ OP Decemb: 1640. 

Tliomas Franckland for drinking strong liquors to excess 
and entertaining disorderly psons into his cellar to drinking 
meetings, togeth w% his contempt of the court, was whipped, 
fined 20% and deprived of his cellar and lott, his lott and lib- 
erty of staying in the plantatio being onely granted to him 
vpoo his good behavio*^. 

Andrew Loe jun' was whipped for breaking Richard 
Osborne his cellar and stealing, & y^ on the Saboth day. 

Itt was ordered thatt John Davis, servant to Mr. Wilks, 
should be whipped for his stuborne carryage to his said ma^. 

1640] NSW HAVEN G0L0N7 BBOOBD®. 47 

butt the ezecutid of the sentence to be suspended for trjall of 
his future carrjage. 

Itt was ordered that Mr. Wilks shall abate 2 moneths of the 
time M^h the said Joh: Davis should serve him, for vnduc cor- 
recting him, strikeing him vpon the head w'h a hammer, he 
being vpo the top of a ladder. 

Itt was ordered y^ all thatt live in cellars and have famylycs 
shall have liberty for three moneths to provide for themselves, 
batt all single psons are to betake themselves forthw^h to 
some famylyes, except the magistrate see cause to respitt them 
for a time. 

Itt was ordered that Mr. Mouleno'' should give an accout 
to the next court for his pceedings att Totokctt. 

Att a Coubt held att Newhaven the 6th op the ll^h M : 


Whereas there was a roap lent by Mr. Craine to John Tomp- 
8on, butt lost by Rob^ Cogswell who tooke the charge of the 
boate in w<^h itt was left, itt is therefore ordered thatt John 
Tompson shall make itt good to Mr. Craine, and Rob^ Cogs- 
well shall satisfic John Tompson for itt. 

Itt is ordered that Mr. Moulcno^ shall be comaundcd fro 
the court by the marshall to stay his proceedings att Totokctt, 
inasmuch as whatt he hath done is disorderly and unwarran- 
tably, nott givcing any good account to this court though he 
have bccnc required so to doc. 

An inventory of Andrew Hulls delivered into the court. 

[20] A Gen^^i Court hold att Newhaven the 10'*» of the 

It MONETH [16-10] 

Itt is ordered thatt all the meadowes belonging to this 
towne w^h vpon pnew the the deputies for the quarters thought 
meete thatt 8 acres for 7 should be layde out, (in way of allow- 
ance), now itt is to be abated, and thatt allowance w^h that, 
and proportions above that should have had, shall be for make- 


ing thatt allowance w*^li less proportions are appoynted, and 
worss mcaddow is appoynted to have, in consideracC of the 
exceeding badnes of the meaddowes. And those that were 
deputed for the veiw are now to see all the meadowes layde out 
according to the true intent and meaning of this order; 
swamps, ponds and creeks nott to be measured. 

Itt is ordered thatt all those who by lott shall have their 
meadow on this side brother Turners fearme, shall have the 
vpland thatt lyes against itt, or joyning to itt, and if thatt be 
nott enough to make vp their proportio for their second 
devisio, they shall have itt made up beyond the west river, at 
the vttmost end of the Yorkshire quarter, among the small 

Itt is ordered thatt after 2 yeares next ensueing be expired, 
the neck shall be layd for pasture, and thatt all who plant or 
sow corne therein in the meantime shall secure itt themselves, 
whether there or elswhere, every one are to secure their owne 
corne, provided y* none doe willfully or negligently trespasse 
w^h their cattell, and it is further ordered thatt after this 
yeare none shall plant Indian corne in the neck, butt onely sow 
itt w*h English.i '^^ - *- 3 

Itt is ordered thatt no mans inability or remisnes in fencing 
his part (in a gen""^^ fence) shall hinder theimprovem^ of land 
in any of the quarters, the major pt consenting. 

Itt is ordered thatt those thatt are intrusted in the townes 
busines shall lay out meadow and vpland for an inne. 

Itt is ordered thatt if any ma shoote either bulletts or smal- 
ler shott in the towne, or w'hin a quarter of a mile of the 
towne w^hout a call, shall pay 5» fine for every default. 

Itt is ordered thatt if any shall cutt a tree w'hout leave 
where the spruce masts grow, shall pay 20' fine for every 

Itt is ordered thatt if any take either wheele barrow, hand 
cart or paddles, or oares wUioiit leave, shall pay five shillings 

Itt is ordered thatt if any shall take boate or cannow w^hout 
leave, he shall pay 209 fine, and whatt ever damage else may 
befall the owner for the want thereof. 


Itt is ordered thatt fire hooks shall be made for the com- 
mon vse of the towne, att a commO charge. 



Itt is agreed thatt the small lotts shall begin att the great 
rock on the farre side of the mill river, and so come downe, 
towards the sea, and then begin att the lower end of the farre 
side of the iland in the East river, and so come downe againe 
on the hither side, and if there shall fall out to be some small 
pportid w^h will not amount to the quantity of him whose lott 
falls last in the Mill river, itt shall be in his choyce w^her he 
will have itt, yea or no. 

Itt is allso agreed thatt in the East meadowes the first lott 
shall begin att the neck on the hither side of the river, and so 
goe on in order to the vper end so farr as there is meadow, and 
then begin att o'^ paste'" farme, and so goe vp againe on the 
other side so farr as there is meadow, and whosoeu"^ by lott 
falls next to the fannes thatt are layd out by choyce, if there 
be not their proportio there, they must take the rest where itt 
falls next in order beyond them. 

Itt is ordered thatt Thomas Fugill shall have the Iland in 
the mill river for his pportio, he being willing to have it when 
others refused it because itt was bad. 

[21] Itt is o[rdered that those] in the neck sha[ll] fence 
[ ] against [ ] dow tha[ ]ney thatt 

owe the meadow will fence itt in from the como. 

The name[s of those w]ho are to have their meadow in the 
East meadow, as their lotts were cast. 

1 Mrs. Higginson 6 Mr. Evance 

2 Mr. Attwater 7 Jolm Ponderson 

3 Mr. Pocock * 8 Mr. Lucas 

i Goodma Nash 9 Thomas Fugill 

5 Mr. Craine 10 Edw : Wiglseworth 





11 Richard Perry 

12 Mr. Constable* 

13 Mr. Browning 

14 Mr. Marshall 

15 David Yale 

16 Mr. Brewster 

17 Bro : Jer : Dixon 

18 John Johnson 

19 Mr. Mayers 

20 An Elders lott 

21 Mr. Roe 

22 Mr. Dermer 

23 John Chapman 

24 Mr. Francis Newman 

25 Mr. Malbon 

26 Mrs. Eldred 

27 Mr. Samuell Eaton 

28 Mr. Tench one y« Island. 
The names of those who are to have their meadow in Mil- 
meadow and the Iland in the East River, as their lotts were cast 
in order. 

7 Wid: Greene 13 Joh: Coop 

8 Wid : Williames 14 Witt Thorpe 

9 Tho : Kimberley 16 Mrs. Eaton 

10 Robt Hill 16 Mr. Pearce 

11 Jarvis Boykin 17 Mr. Yale 

12 Andrew Loe 

The land for the small lotts on y« banke side and by y« 
west creeke was appoynted to be layd out, as their lotts were 
drawne in order as followeth.f 

1 John Benham 

2 Mr. Checuers 

3 ThoPoweU 

4 Abraham Bell 

5 Witt Andrewes 

6 Rich: Beckley 

1 Steven Metcalfe 

2 Adam Nicolls 

3 Nath : Merryman 

4 John Tompson 

5 Bro: Kimberleys bro: 

6 John Nash 

7 Mrs. Swin'"ton 

8 Goodma Davis 

9 Rich: Newm 
Tho: Mitchell 
Tho: Morris 
Goodm Peck 

Another lott 
Goodm Hames 
Groodm Dighton 
Good Pigge 
17 Francis Browne 
(Jeorge Larrymo* 
Tho: Beam^ 
Tho : Leaver 
John Vincent 
Joh : HaU 
Witt Russells 
Christopher Tod 

* Was thia Sir William Constable who as Mather B. iii, chap, xiii, 6, informs us pro- 
posed to como to New Enghuid with Rev. Ezekiel Rogers ? We learn from Winthrop 
if 204, that the New Haven gentlemen labored by all means to draw Mr. Bogen and 
his company to them. 

t In tho margin. " The order for it is in fo : 17 and in 27." 


25 Thomas Mounson A brickmaker 

Ben : Willmott Obadiah Barnes 

Job : Walker Eliz : the washer 

Ben: Pauling Witt Gibbons 

Att a Court helde att Newhaven the 7**» op the 2^ Mon : 


John Reader was fined 40» for breakeing the order of the 
Court in exacting greater wages (then the Court had deter- 
mined,) for 20 dayes worke w<^h he confessed he had received 
mony for. 

John Thomas was fijied 1* for neglecting his watch. 

Susanna Man, servant to Mr. Goody earc, haveing accused 
John Thomas for stealing a peece of stuff, valued att 3* 6". 
she now confessed thatt she had slaundered him, and said thatt 
God had given her oner to the Devill to make her lye, where- 
vpon it was ordered thatt she should pay to her ma^ double 
the price of the stuff as the said Joh : Thomas should have 
done if he had beene guilty, according to the law of God in 
thatt case. 

[22] A Gen^^* Court holden att Newha[ven ] S^ 

MoN 164[1] 

Mr. Goodyeare, Mr. Gregson, Mr. Newm and Mr. Gilbert 
chosen deputyes for the halfe ycarc next ensueing. 

Mr. Gregson was chosen Treasurer to receive the yearely 
rates and keep accounts of all disbursem'* vpon all necessary 
occasions for the como affayres of the towne. 

Bro: Pecke chosen measurer for the towne to fill and 
strike all the come thatt comes into the plantatio from other 
places, for w<^h he is to have 6^ for every score busliells w^h 
he measureth, an a halfe peny for every bushell vnder tonne 
bushells, the one halfe to be payd by the buyer, and the other 
halfe by the seller. 

^ I presume tliis should be 1641. 


Itt is ordered thatt all those thatt have hoggs shall drive 
them from the plantatio about 5 miles frO the towne, and 
haunt them forth abroade, neuerthelesse every one is to 
endeuo' to secure their come by sufficient fences. 

Itt is ordered thatt the clay pitts shalbe layd out as comd, as 
itt was first intended, and what charge of fencing Goodman 
Mansfield or others shalbe att extraordinary by thatt meanes, 
the towne is to beare itt in gen'^l^ 

Itt is ordered thatt Mr. Goodyeare shall have his vpland 
(w<^h he is to have in the 2^ divisiO,) in a place w^h he hath 
chosen beyond the west rocks. 

Itt is ordered thatt those who should have a pt of their 
vpland on the right hand of the mill way (betwixt itt and the 
river where the land fall narrow,) butt leave itt, shall have 
their pportiO made up beyond the rocks w^hout the 2 miles 

Itt is ordered thatt every house 'in the towne shall have a 
ladder (in length to sute the height of their chinmey,) w*hin 
5 weeks, to stand ready by their houses, vnder tlie penality of 
6« fine. 

An inventory and will of olde &ther Shirmans was delivered 
into the Court. 

Itt is ordered thatt every quarter thatt would fence their 
land in the Neck, they may have liberty so to doe, provided 
thatt they doe itt att their owne charge, and leave out the 
springs for the cattle to drinke att wheresoever any fall w^hin 
the bounds of the neck. 

Itt is ordered thatt the rates of wares and worke as they 
were p>^sented to the Court by the magistrate shall be settled 
and be in force in this plantatio as followeth, 

[28] Rates 

Itt is ordered thatt seaven howers shall be accounted a 
dayes worke for a teame, if thatt whole time be dilligently 
improved in worke according to the nature of thatt imploym*, 
and the hyer for a steere by the day 9^, for a growne oxe or 
bull 12^, for a horse or mare 16*^, for cart furniture and man 6** . 

For ma' carpenters, joyners, plasterers, bricklayers, mowers, 


cowpers, thatchers, rjrvers of clapboards, pailes, shingles, 
lathes and the like callings which require skill and strength, 
nott above 2« in somer and 20^ in winter. 

Butt others of the same trades or callings, nott allowed nia>' 
workemen, nott above 20<^ in sommer and 16^ in winter. 

Plaisterers, haymakers, fellers of timber, those thatt cross- 
cutt timber, and all sorts of labo>^ers experienced and dilligcnt 
in their way, improveing time as above, in som"^ nott above 
18^, in winter nott above 14^. 

Ynskillfull negligent labo^'ers, and boyes, both in som' and 
winter in severall imploym^", according to the service they 
doe, w^h when any doubt ariseth shalbe judged by able and 

Boates of severall sorts, tlie whole tyde being dilligently im- 
proved, according to the na"^ of that imploym^ The man by the 
tyde nott above 16^. A lighter of 16 tunne w*h sale boate or 
cannow, nott above 2«. A lighter of 12 tunne 20*^. A shal- 
lop of 4 tunne 8<^, and so in respective proportio, butt in such 
raines or stormes that goods cannott be laden or vnladen 
w*hout spoyling, nor the boate stirre though the tyde serve, 
no payment to be required for the boate in such tydes, though 
the man be payd while he attends the service. 

Worke taken by the grcate, sawing by the hundred to be 
payd for no more then is cutt full & time measure, boards nott 
above S" 8^, planks 4% slit worke 4» 6^. 

When men saw by the day, the top man or he whose skill 
guides the worke, and phaps findes the tooles, in som"" and 
>vinter respectively as ma^ workmen, and the pitt man as 
vnskillfuU or nott approved ma»" workmen, aiid if they be 
equall in skill and charg, then to devide the wages, w^h shall 
be 22<^ a peece in somer and 18^ in winter. 

Felling of timber, thatt w^h is full 2 foote over and one w^h 
another nott above 2 pence halfe peny, lesser sorts of timber 
full 18 inches over, and vnder 2 foote, three halfe pence p 
foote, all other trees of lesser size then 18 inches over, either 
by dayes wages as laborers or as shall be reasonably agreed. 

Hewing and squareing timber of several sizes one w^h anoth- 
er, butt the least 15 inches square, well done thatt a kerfe or 

64 KBW HA7«N GOLOKT JOKHmm. [1641 

planke of 2 inches thick being taken off on 2 sides the rest 
may remaine square for boards or other vse, by the tunne, 
girt measure 15^, and for timber more sleightly hewen a lesse 
price in proportid. Sills, beames, plates or such like timber 
hewen square to build w*h, running measure, by the foote nott 
above 8 farthings. 

Mowing well done, w«h vpon quest, is to be judged by other 
skillfull mowers, salt marsh by the acre nott above 3<> 6<i, fresh 
by the acre nott above 8«. 

Fencing w*h pales, as house lotts are now done, for felling 
4b cleaveing posts and rales, cross cutting, hewing, mortising, 
dig^g holes, setting vp, well raming the posts and nailing on 
the pailes, by the rod, all the worke being well and sufficiently 
done in every pt appertaining to itt, 18<>, butt if the worke in 
any pt be defective, the price to be abated answerably, and 
thatt to be judged by indifferent men and honest workmen, 
and so in all other fencing w^h posts and rales as below. 

Fencing w^h 5 rales, strong and substantiall posts and rales 
att least of sizes expressed below, the posts sett two foote and 
a halfe in the ground, well wrought, sett up, and well rammed 
so thatt pigs, goates and all other cattell may be kept out, by 
the rod nott above 18^. 

[24] Fencing w*h 3 rales, such stuff, workmanship as w^h 6 
rales, nott above 14*', substantiall and strong posts, 7 foote and 
a halfe long, 12 inches broade and 4 inches thick att least 
where they are felled and cloven, by the hundred 7". Sub- 
stantiall and strong rales 11 foote long, some of them 9 inches 
broade, some 7, some 9 inches, butt the least, in tlie smallest 
pt nott lesse then 5 inches broad, and all of such a thicknes as 
thatt they may be strong and lasting, proportionably sorted of 
all the forenamed sizes, by the hundred, nott above 5» 6<*. 

Inch boards solde in the woods by the hundred nott above 
4« 8^, halfe inch board 4« 2^, and 2 inch planke 5« 6^ p hundred. 

Inch board solde in the towne 6", halfe inch boards 5", 
planke 8« 6*^ p hundred. 

Sawen timber 6 inches broade 3 inches thick, in tlie towne 
by the foote runing measure nott above 3 farthings, 8 inches 
square soulde as before nott above 1' ^^ a foote. 


Clapboards solde in the woods, good stuff 6 foote long 3* 4<^ 

Pales 6 foote long 8% |5 foote 2— 8,| 5 foote 2» 4*^. 

Hewing and naleing clapboards on roofes and sides of houses 
well done, nott above 4« p hundred, butt as most are done nott 
worth above 2« or 2» 6^, therefore if any questi6 arise, the 
worke to be rated and judged by indifferent men. 

Shingle, good stuff | inches thick, some six, some seaveu, 
some eight inches broad, sorted in the woods, being 3 foote 
long 2" p hundred ; 2 foote long 18**, 14, 15 or 16 inches long 
9^y butt if defective, price accordingly. Hewing and shooting 
shingle, well done 3 foote nott above a — , 2 foote nott above 
9^ p 100, 14, 15 or 16 inches nott above 7^ p hundred. 
Lathing and laying shingle, squar worke w^h sawen laths 3 
foote A 2 foote 14, 15 or 16 inches long, 10«* p hundred — If 
hewed shingle 11** p hundred. If there be diu*'* gutters to be 
laid, then together 13^ p hundred. Lime well burnt, vnslaked, 
brought by water to the landing place for the towne, by the 
bushell heaped, nott above 7<*, by the hogshead full gaged con- 
tayning 8 bushells 4», and the lyme so putt in thatt when the 
hh^ is carted fro the water to the place where itt shall be vsed 
itt may remaine full. 

Plastering, for drawing and carrying water, scaffolding, 
lathing, laying and finishing the plastering, provideing and 
paying his labo''er, haveing the lime, clay, sand, hayre, hay 
w^h matcrialls for scaffolding layd ncare the place. 

By the yeard for seeling 4 — ob, for side walls, being whole 
or in great paines 4**, betwixt the studs, the studs not measur- 
ed, 5** — ob. rendrmg betwixt the studs 2^. 

Dyett for a lal>o^ing man w^h lodging and Avashing 4» — 6^ 
by the weeke Venison sould by the English, if fatt, not above 
2^ — ob p pound, if leane 2^ p pound, fowle a pportionablo 
abatem^ to whatt was sett last yeare. 

All comodityes bought and sould among tlie planters, and 
all worke wages and labo'' (hence forward, till some other 
course be settled by order,) to be payd for either in corue, as 
the price goeth in the plantatio, or in worke as the rates set- 
tled by the Court, or in cattell of any sort as they shall be in- 


differently prized, or in good march^able bever according to its 
goodnes ; and paym^ to be made att the times w<:h shall be 
agreed vpon. 

[25] A Court holden the 7^*» op the 5^*> Moneth 1641. 

Att Newhaven. 

Nicholas Tanner haveing ingaged himselfe to pay vnto Mr. 
Bryan three pounds about three moneth agoe w^h he hath nott 
yett pformed, wherevpon Mr. Bryan desired the justice of the 
Court. And the said Nicholas did pmise to the said Mr. 
Bryan thatt he would give him good security before the next 
Court, w<^h Mr. Bryan accepted. 

Arther Halbidg was allowed to take worke by the great vpo 
good behavio^ 

Mr. Browning being ma*" of a watch, and neclecting to 
wame the watch, so as itt was neclected, was fined lO". 

An inventory of Goodman Luckings deliuJ^ed into the Court. 

Att a Court held att Newhaven the 4**> op the 6* m: 


John Seckett servant to Mrs. Stolyo for goeing about to 
slaunder and reproach his said Mrs, was admonished to tender 
to his Mrs such satisfactio as she might accept, w<=h was refer- 
red to Mr. Goodyeare to determine. 

George Wardc ingaged his house to satisfie Mr. Huitt for a 
bill of debt and to satisfie Thomas Laude for a debt of 4^ allso. 

Andrew Low jun' for Saboth breaking, lying and stealing 
was severely whipped, and ordered to weare a lock. 

A Gen'11 Court held atf Newhaven the 30*^ op the 6^ mon : 


Whereas there was a purchase made by some pticular psons 
of sundry plantatiO" in Delaware Bay, att their owne charge, 
for the advancm* of publique good as in a way of trade, so 


allso for the settling of churches and plantations in those pts, 
in combinatio w^h this. And therevpon itt was propounded 
to the Gen"^^* Court w'her plantations should be settled in 
Delaware Bay, in combinatio w*h this towne, yea or nay, and 
vpon consideratio and debate itt was assented vnto by the 
Court, and exp^^ssed by holding vp of hands. 

So far as Captaine Turner hath reflFerence to the civill state 
and imployed therein, pvided thatt his place be supply ed in his 
absence, the Court hath given free liberty to him to goe to 
Delaware Bay for his owne advantage and the publique good 
in settling the affayres thereof. 

Itt is ordered thatt those to whome the afiaires of the towne 
is comitted shall dispose of all the affayres of Delaware. Bay, 
according to the intent of the agreem* for combinatio wUi this 
towne in settleing plantations and admitting planters to sitt 
down there. 

Mr. Goodyeare propounded his purchase of Mr. Farretts 
Hand* to the towne, butt itt was nott accepted. 

Itt is ordered thatt the survayers shalbc payed for all the 
meadowes, creekes, and ponds w^h they survay, though itt l)c 
cast in for or above allowance w*hout measure. 

Mr. Craine resigned Mr. Hickocks lott into the towncs 

Att a Court held the 1^ op the 7^^ Moneth 1G41. 

Att Newhaven. 

Francis Hall being complained against by Luke Attkinson 
for w^iholding fro him some mony justly due to him, he was 
injoyned by the Court to make satisfactiO to tlie said Luke 

♦ Now called Shelter Island. Mr. Goodyeare purchased it of Mr. Farrett May 18, 
1641, and sold it June 9, 1651 to Thonaas Middleton, Thomas Rouse, Con3t4Uit Sylves- 
ter and Nathaniel Sylvester, for 1600 lbs of good, merchantable Muscovaib Sugar. 

Thompson's L. I., 2d ed., vol. I., 118, 304. 



[26] Att a Court holden the 6* op October 1641, att 


Itt is ordered that Edward Harwoode shall pay to Leivten* 
Seely (for takeing his cannow w^hout leave,) twenty shillings. 

Mr. Wilks being accused by his man John Davis for force- 
ing him to be boimd after he came on shipboard halfe a yeare 
longer then his father had consented to before, and agreed 
w*h the said Mr. Wilks for, butt the said John Davis being 
defective in the proofe of his accusatid, and Mr. Wilks want- 
ing his witnesses to prove his innocencie, itt is ordered thatt if 
the said Mr. Wilks doe nott make it appeare by witnes (thatt 
his agreem^ was for 4 yeares and a halfe) betwixt and the last 
of September come 12 moneth after the date hereof, he shall 
pay vnto the said John Davis 20* for every moneth so long as 
he stayes w*h him above 4 yeares. 

Att the Gen'^^ Court op Elections held att Newhaven 

THE 27^** op Octo: 1641. 

Mr. Craine of this church, and Andrew Warde and Francis 
Bell of Rippowams, admitted members of this court and re- 
ceived the charge of freemen. 

Mr. Eaton and Mr. Groodyeare chosen magistrates of this 

Thurston Rayner chosen constable for Rippowams to order 
such busines as may fall in thatt towne according to Grod, for 
the next ensueing year, butt is nott to be established in liis 
office till he have received his charge fro this Court and testi- 
fied his acceptance thereof to this Court. 

Mr. Gregson, Mr. Rob^ Newman, Mr. Gilbert and Mr. 
Wakeman chosen deputyes for this plantation. 

Tho : Pugill chosen secretary. 

Rob* Seely chosen marshall. 



Whereas Bob^ Johnson maketh clame to the house and lott 
of his brother John Johnson, late planter of this towne de- 
ceased, by rertue of a contract betwixt them, the Court have- 
ing debated itt and nott findeing itt ripe for issue, itt was 
ordered thatt those thatt can give best light about itt should 
ripen their app'hensions so as they may be able to make oath 
of whatt they can testifie concerfng itt, w^^li may stand vpon 
record for posterity. 

David Anderson for his contempt of authority in carrying 
away a delinquent contrary to order and his owne pmise, was 
fined 20*. 

Itt is ordered thatt an attachm^ be sent forth to distraine 
the goods of Mr. Trobridge, to pay the townes rates, and to 
satisfie the demaunds of those psons to whom he is indebted, 
as Mr. Gregson 20^, Mr. Whitfield 20*, w% divers others of 
this town. 

Itt is ordered thatt every one thatt have beene in the 
watchs shall pay to Steven* the drum»" and Jarvis Boykin 
nine pence a peece for a yeare and a halfe ending the first of 
Decem : next ensueing. 

[27] A Gen"^!* Court held att Newhaven the 29° op 

Novem: 1641. 

Richard Miles and Roger Allen admitted members of the 

Itt is ordered thatt so many of those (who have the small 
lotts by the sea side) as will resign their land beyond the East 
River shall have 6 acres for every single pson, 8 acres for man 
and wife, and one acre for every childe, att the farre end of 
the Great Plaino in lew thereof, provided thatt vpon veiw itt 
be layde out so as the townes occasions may be accomodated 
w^hout p''judice to the towne, and if any remove, they shall 
onely sell improvem^". 

* Stephen Metcalfe. 


Itt is ordered thatt Wequash shall have a sute of cloths 
made att the townes charge.* 

Itt is ordered thatt the townes rates shall be payd in come 
att 2> 4<^ a bushell hj all those who chuse to pay their rates in 
Indian corne. 

Itt is ordered thatt if any shall furnish the Indians, whether 
directly or indirectly, w*h any amunitid whatsoever, shall pay 
for the first default 5* fine, and afterward att the discretion of 
the Court. 

Tho : Fugill is allowed his 2^ divisid att the foote of the 
West Bock of the cleare ground w<^h is there, or so much of 
itt as he desires, according to his proportion.! 

Itt is ordered thatt all the voyd lotts, belonging to absent 
psons shalbe fenced att the townes charge untill (he psons 
come^thatt shall possesse them, and then all the charges to be 
retourned by the owners, and bro: Andrewes and bro: Moun- 
son are to see thatt the fences be done well according to the 
order of the Court. 

A Court held att Newhaven the 1^ op Decem: 1641. 

Itt is ordered thatt the firkin of butter w<^h Mr. Wilks tooke 
vp shall be left in the hands of bro : Ponderson, (or the valine 
thereof) and remaine there till some cann challeng itt by the 

Itt is ordered that Goodfh Hall shall have liberty to dispose 
of the children w^h he brought ou' till the Court have light 
to dispose otherwise of them, provided tbatt they be well 
looked vnto and well vsed. And Gk)odma Hitchcock who is to 
have one of them is to pay to the Treasurer what is due for 
the boy, and Goodm Hall is to be payd out of itt whatt is due 
to him. 

* " One Wequash Ck)ok, an Indian living about Connecticut river's mouth, and 
keeping much at Saybrook with Mr. Fenwick, attained to good knowledge of the 
things of God and salvation by Christ, so as he became a preacher to other Indians, 
and labored much to convert them, but without any effect, for within a short time he 
fell sick, not without suspicion of poison from them, and died very comfortably.** 

Sav. Winth. II. 74 sub anno 1642. 

t See page [188.] It was for falsifying this order by omitting the words " accord- 
ing to his proportion," that Fugill was ezcommonicated and deprived of his place, in 


A Court held att Newhaven the 5'^ op Jan: 1641. 

Itt is ordered thatt all the goods of Mr. Trobridg w^h re- 
maine shall be attached to satisfy the demaunds of the psons to 
whom he is indebted, namely Mr. Perry, Mr. Craine 10^ and 
damages. Hen: Gibbons and Mr. Caine of Boston. 

Tho : Badger being accused and convicted for defileiug him- 
selfe by divers vncleane passages w^h one of his ma" children 
not above 6 yeares of age, was whipped att a carts arce about 
the towne to make his punishment examplary. 

[28] A Gen'" Court the 25'^ op 12^^ Mon: 1641. 

Mr. li(albon and Goodman Ives admitted members of the 
Court and received the charge of freemen. 

Francis Browne, Thomas Morris, Abraham Smyth, Witt 
Russells, Thomas Beamont, John Wilforde and Goodma Pigge 
are allowed to have their land in the Plaine, amongst the rest 
of their neighbo'". 

Itt is ordered thatt Mr. Rob* Newman, Mr. Francis Newma 
Thomas Mounson and Adam Nicholls shall vciw the como way 
to the Plaines, and afterward itt is to be ordered so as may be 
most comodious for the publique good. 

Itt is ordered thatt the Neck bridge shall be repaired forth- 
w^h, and thatt as speedyly as may bee a cart bridge be made 
ouer the West River and another over the Mill river. 

Itt is ordered thatt a cart bridge be made over the East 
River allso, as soone as conveniently may be after the other 
two bridges are fully finished, onely itt is referred to con- 
sideraco w^her the towne will beare the whole charge, or dis- 
burse a hundred pounds towards itt and lett the rest l)e borne 
by those thatt have their lands on the east side, and in con- 
sideraco thereof, allow them the liberty and proffitt of fishing 
and the towne to stand to the repair of the said bridge. 

Itt is ordered thatt the lawes formMy made concering wares 
and works shall fro hence forwarde be voyd and of no force 
till the Court see cause to the contrary. 

Itt is ordered thatt all the voyde lotts in the towne shall be 


reserved for those for whom they were intended till the come- 
ing of the first ships, and if then y« persons come nott for 
whom they are so reserved, the towne may dispose of them as 
they see cause, and itt is to be considered by the Court what 
• is equall to be allowed for the improvem^* vpon them. 

Itt is ordered thatt a free schoole shall be sett vp in this 
towne, and o' pasto"^ Mr. Davenport, together w*h the magis- 
trates shall consider whatt yearly allowance is meete to be 
given to itt out of the como stock of the towne, and allso 
whatt rules and orders are meet to be observed in and about 
the same. 

Itt is ordered thatt the comd feild called the oyster shell 
feild shall be lett to such psons whose p^'sent need requires itt, 
the ordering and disposeing of w^^h is referred to the magis- 
trates and deputyes. 

Bro: Tompson,bro: Clarke, bro: Miles, bro: Wakem, bro: 
Atwater, bro: Francis Newma, bro: Rob^ Newma, bro: Perry 
and bro: Craine are desired to know the mindes of their 
severall quarters, how many are contented to exchang their 
land in the neck for land in the oxe pasture. 

Brother Davis sute for a little additiC of land to be added to 
his proportio in the plaines, to save him some charge in 
fencing was granted by the Court. 

Itt is ordered that none shall hant their hoggs thatt way 
where their land lyes nott, butt to endevo'^ as much as may be 
to haunt them thatt way where their 2^ divisid lyes. 

[29] A Gen'11 Court held at Newhaven the 2^ op the 
It Moneth, 1641, ABOUT Geor: Spencer. 

Francis Browne admitted member of the Court and received 
the charge. 

The 14**» of February, 1641, John Wakeman a planter and 
member of this church acquainted the magistrates thatt a sow 
of his w^h he had lately bought of Hen : Browning, then wUi 
pigge, had now brought among divers liveing and rightly 
shaped pigs, one pdigious monster, w^h he then brought w^h 
him to be veiwed and considered. The monster was come to 


the full growth as the other piggs for ought could be discerned, 
butt brought forth dead. Itt had no haire on the whole body, 
the skin was very tender, and of a reddish white collour like a 
childs; the head most straing, itt had butt one eye in the 
midle of the face, and thatt large and open, like some blem- 
ished eye of a man ; over the eye, in the bottome of the fore- 
heade w*^h was like a childes, a thing of flesh grew forth and 
hung downe, itt was hollow, and like a mans instrum^ of 
gen^ation. A nose, mouth and chinno deformed, butt nott 
much vnlike a childs, the neck and eares had allso such 
resemblance. This monster being after opened and compared 
w^h a pig of the same farrow, there was an aparant difference 
in all the inwards. Some hand of God appeared in an impassion 
upon Goodwife Wakemans speritt, sadly expecting, though she 
knew nott why, some strange accedent in thatt sows pigging, 
and a strange imp^'ssion was allso upon many thatt saw the 
monster, (therein guided by the neare resemblance of the 
eye,) that one George Spencer, late servant to the said Henry 
Browning, had beene actor in unnatureall and abominable 
filthynes w*h the sow, thus divers upon the first sight, ex- 
pressed their apprehensions w^out any knowledge whatt con- 
jecture others had made. The foremenconed George Spencer 
so suspected hath butt one eye for vse, the other hath (as itt is 
called) a pcarle in itt, is whitish & deformed, and his deformed 
eye being beheld and compard together w'h the eye of the 
monster, seamed to be as like as the eye in the glass to the 
eye in the face ; the man had beene form^^ly notorious in the 
plantatio for a prophanc, lying, scoffing and lewd speritt, as 
was testfyed to his face, butt being examined concerning this 
abominati6, att first he said he had nott done itt thatt he knew 
off, then denyed itt, butt being comitted to prison, partly on 
strong 'probabilities of this fact, and ptly for other miscar- 
riages, the same evening, being the 24^*» of February as above, 
Mr. Goodyeare, one of the magistrates, went to the prison, 
found Sam: Martin and another yong man talking w*h the 
said Georg Spencer, he asked him if he had nott comitted 
thatt abominable filthynes w^h the sow, the prison"^ att first 
denyed itt. Mr. Goodyeare asked him whatt he thought of 


the monster w<^h had beene shewed him, whether he did not 
take notice of something in itt like him, the prison' after a 
little pause asked the magistrate whose sow itt was, who re- 
plyed, he knew best himselfe, att w<^h the prison*" was againe 
silent, the magistrate apprehending in the prisoner some re- 
lenting, as a preparatid to confession, remembred him of thatt 
place of scripture, he thatt hideth his sin shall not prosper, 
butt he y^ coiifesseth and forsaketh his sins shall finde mercie, 
and asked him if he were nott sory he had denyed the fact 
w<^h seemed to be witnessed fro heaven agst him. The p'son' 
answered he was sory and confessed he had done itt, butt as 
Mr. Goodyeare was going away, the p'^son' tolde Sam: Martin 
what he had confessed to Mr. Goodyeare was for fauo"^, there- 
upon Sam : Martin called Mr. Goodyeare back. Mr. Gk)odyeare 
retourning, asked the prison' if he said soe, who said no, 
affiring y^ Sam: Martin mistook him, Mr. Goodyeare do- 
maimded of him whether had comitted the fact yea or no, he 
answered he had done itt, and so Mr. Goodyeare departed. 

The 25^^ of Febr. 1641, both the magistrates w'h divers 
others went to the prison to speake w*h the prisoner, wished 
him to give glory to God, in a free confessid of his sin, he 
againe confest the bestiality before men coned, said he had 
comitted itt while he was in Mr. Brownings service, and in a 
hogstie of his ; yett Mr. Goodyeare after going to him, he att 
first denyed the fact, but Rob* Seely the marshall thereupon 
minding him of w^ he had confest to him, he againe freely 
confessed the fact, butt said he had nott done itt in the stye 
w<^h Mr. Goodyeare spake off, butt in a stye w^hin a stable be- 
longing to Mr. Browning. And thatt he, the said Geo : Spen- 
cer being there att worke, the sow came into the stable, and 
then the temptati6 and his corruptid did worke, and he drove 
the sow into the stye, and then comitted thatt filthynes. 

The 26^^ of Feb : Mr. Eaton and Mr. Davenport going to 
speake w^h the prisoner, Mr. Goodyeare came to them and in 
the presence of Goodman Mansfield, Witt Newma, Tho: Yale, 
Theophilus Higginson, Joh : Brocktt and others, questioned 
him more perticularly concering the beastiality, namely how 
long the temptatio had beene upon his speritt before he comit- 

1641] mm HAVSK ooLomr sbcords. 66 

ted itt ; be answered itt had beene upon his speritt 2 or 3 dayes 
before ; being asked w^ workings he had w^hin him att thatt 
time, he said he found some workings against itt, both frd the 
hajnousncs of the sin and the loathsomenes of the creature ; be- 
ing asked whether he did nott in thatt time seeke help fro God 
against the temptatid, he said no, if he had he thought Grod 
would have helped him ; being asked whether he did nott vse 
to pray to God, he answered he had not since he came to New 
England w<^h was betweene 4 or 5 yeares agoe, in Engl [and] 
he did Tse to pray, butt itt was onely in his bed ; being asked 
in w^ manner, he answered [he] said (Our Father &c) ; being 
asked whether he did nott read the scriptures he answere[d] 
his ma' putt him upon itt else nott, being asked whether he 
[80] found nott some workinge [upon him] || in the publique 
ministry, he answered sometimes he had some workings, butt 
they did nott abide w'h him, being asked how long he was in 
the stye w^h the sow, he said about ^ howers ; being asked 
about w^ time, he said about 6 a clock in the evening, when 
the sun was sett, and the day light almost shutt in ; being 
asked w^ itt was in the monster thatt did affect him, he an- 
swered the wliitnes in the eye ; being charged fro the testimo- 
ny w<^h had beene given by sundry person who had convolved 
w*h him, w^h a prophaiue, atheisticall carryag, in unfaithfuU- 
nes and stubornes to his ma'^, a course of notorious lying, 
filthnes, scoffing att the ordinances, wayes and people of God, 
he confeSt miscarryages to his ma*", and lying, and thatt he 
had scoffed att the Lords day, calling itt the Ladyes day, butt 
denyed other scoffing, wicked and bitter speeches witnessed 
against him, and other form"^ acts of lilthynes, either with In- 
dians or English, w^h out of his owne mouth were charged 
upon him. On the Lords day, being the 27'*» of Feb: he 
caused a bill to be putt up, intrcating the prayers of the church 
to God on his behalfe, for the pardon of the sinns he had com- 
mitted, and confessed, professing he was sory he had greived 
the magistrates in denying itt, acknowledging thatt Satan had 
hardened his hart both comitt and denye it. 


66 new haven oolont records. [1641 

Att a Gen'^J Court held att Newhaven the 2^ op March 


George Spencer being brought to the Barr and charged as 
w^h other crimes so w^h the foremenconed beastiality, and the 
monster shewed, upon w*^h God from heaven seamed both to 
stamp out the sin, and as w^h his finger to single out the 
actor ; being wisht therefore, as he had done before many witt- 
nesses formerly, so againe, by confessid to give glory to God ; 
butt he impudently and w^h desperate imprecati6» against 
himselfe denyed all thatt he had formerly confessed, where- 
upon the form' perticulars were fully testified in open Court 
to the prison"^" face by the persons before menconed respective- 
ly, and other testimonyes was added, namely, Rob^ Seely the 
Marshall afiirmed thatt the prison' did dictate to hini the 
foremenconed bill by w^h he desired the prayers of the church 
for the pardon of thatt beastiality, professing therein thatt 
Satan had sometimes hardened his hart to deny itt, and y* on 
the Lords day att night after he had heard himselfe prayed 
for in the congregati6, he againe confessed the fact to him, 
and seamed to be greived for the sinne, and some teares fell 
from the prison" eyes greiving as he said thatt he had denyed 

Ezechiell Cheevers affirmeth thatt the next morning after 
the aforesaid Saboth, being the 28 of Feb: the said Georg 
Spencer tolde him thatt he founde his hart more softned then 
itt had beene, and thatt the Lord had given him a sight of his 
sinne, and he hoped he would lett him see itt more. 

Richard Malbon affirmed thatt the prison' confessed the 
fact to him in the p'sence of Tho : Yale and WiH Newmfi, and 
added thatt if he had nott confessed itt, yett itt was true, and 
God knew itt though he should denye itt, and the said Richard 
Malbon att another time turned him to thatt scripture Livit 
20. 15. ad bid liim make applycati6 of itt to the marshall 
whom he left w^h him, the marshall affirmeth thatt when the 
said Rich: Malbon was gone, tho prisoner tolde him thatt 
thatt scripture stroke like a dagger to his hart. 

Win Harding, a sawyer, and one thatt was suspected by 
some in Court to have given tho prisoner evill councell, testi- 


fyed to the prisoners face in Court, thatt the prison' had said 
to him the said Harding thatt Thomas Badgers sin was worse 
then his, for Badger lay w*h a Christian, butt himselfe the 
prisoner, lay butt w*h a rotten sow, and the p'son*" being then 
asked by him the said Harding, how he could make the sow 
stand, he answered well enough, & being asked when he did 
comitt the sin, he answ^ he did itt since he came from Con- 

WUl Aspenall affirmeth thatt he confessed the sinne to him, 
and being asked att whatt time he did itt, he said after he 
came from Connectecutt, in Mr. Brownings stable. WiH 
Aspenall objected how could thatt be, seeing he was nott then 
in Mr. Brownings service, he said he had busines there ; being 
asked whatt busines, he was silent. 

Wifi Bladen testified thatt the prisoner confessed the sinne 
to him, being asked if ho did itt butt once, the prisoner an- 
swered he had done itt butt once ; to this testimony the pris- 
oner replyed in Court, Itt is true Witt, thou hast cleared thy- 

Bob* Newman and Mathew Gilbert testified thatt the pris- 
oner did confess itt to them, they asked how his conscience 
wrought while he was acting itt, and whatt pleasure he 
founde, and how long he was acting itt, he answered about 
halfe an hower, and itt was the most terrible halfe howcr thatt 
ever he had, they asked how he could doe itt if he had no 
pleasure in itt, he answered he was driven by the power of the 
devill and the strength of his [corr]uptiC to doe the thing. 
[31] II John Clarke testified thatt he had beene w'h the said 
Greorg Spencer in prison, and asked him whether he did comitt 
thatt sin of beastiality charged upon him, the prisoner answ** 
yea ; he the said John Clarke asked liim againe, butt did you 
doe itt, he answered I did doe itt ; againe John Clarke asked 
him, butt did you doe itt, he answered the third time, he did 
doe itt. John Clarke replyed, though there were none thatt 
knew of it butt yo"^ owne selfe, and thatt yo"^ confessio might 
prove dangerous to you, yett would you confess itt, he an- 
swered thatt he did doe itt. John Clarke asked him, if he 
were not drawne to confess itt in hope of favo"^, and said did 


you doe itt, he answered he did doe itt; then John Clarke 
asked him, why he had denyed itt to the magistrates, the pris- 
oner answered thatt he had nott denyed itt to the magistrates, 
butt onely said he did nott know thatt he did itt. John Clarke 
asked him why he did now confess itt, he answered because 
he did doe itt. 

Roger Alen testified thatt he was p'sent when the former 
discourse passed betwixt John Clarke and the prisoner, and 
thatt he the said Roger Alen asked the prisoner why he con- 
fessed the fact, he answered because he did doe itt, and the 
monster was like him. Roger Alen further testified thatt the 
prisoner sent for him, as one he knew in olde England and 
thatt knew his friends, and, as the prison' said, w*h a purpose 
to deny the fact, yett when the said Roger Allen came„ the 
prisoner reconed up many sins of w^h he was guilty, against 
his parents and against his maister, and att last named this 
abominable fact w<^h he wondered att, having sent for him w^h 
a contrary purpose. 

Rob* Ceely the Marshall added to his former testimony, 
thatt having in prison heard the said Greorge Spencer deny the 
fact after so many confessions, and after he had intreated the 
prayers of the church for the pardon of thatt perticular sinne, 
the said Robert Seely asked him, how he durst mock God in 
putting up a bill desiring the congregatio to pray for the pardon 
of thatt sinne w<^h now he denyeth. The prisoner, after some 
pause, confessed to liim thatt he did comitt the fact, and desired 
him to looke upon him as one acted by the devill in denying itt. 

This cleare and plentifull testimony and evidence being 
given in Court to the prisoners face, out of liis owne mouth, 
thatt he had freely and often confest the the fact w*h the scir- 
cumstances and his confession concurring w*h the worke of 
God, as itt were poynting him out in the monster, the prison*" 
was asked whatt he had to say against the wittnesses, or against 
their testimony, he answered thatt the witnesses did him 
wrong, and charged things upon him w^^h he had nott spoken. 
Whereupon the Court, (though aboundantly satisfied in the 
evidence, and the prisoner having att sundry times upon ex- 
aminatid confest the fact to the magistrates,) yett began to 


examine the witnesses upon oath. Whereupon Robert New- 
man, Mathew Gilbert, John Clarke and Roger Alen upon oath 
did confirme the evidence they had before given, and others 
were ready to doe the like, butt the prisoner stopped t\)B 
course, confessing what they had testified was true, and by 
him had beene spoken to them, yett obstinately and impudent- 
ly persisted to deny the fact. 

The Court, weighing the premises did finde and conclude 
the prisoner to be guilty of this unnatureall and abominable 
fact of beastiality, and thatt he was acted by a lying speritt in 
his denyalls. And according to the fundamental! agrecm^, 
made and published by full and gen'^^ consent, when the plan- 
tati6 began and government was settled, that the judicial! law 
of God given by Moses and expoimded in other parts of 
scripture, so far as itt is a hedg and a fence to the morrall law, 
and neither ceremoniall nor tipicall, nor had any referrence to 
Canaan, hath an everlasting equity in itt, and should be the 
rule of their proceedings. They judged the crime cappitall, 
and thatt the 'prisoner and the sow, according to Levit. 20 and 
15, should be put to death,* butt the time of executio, and the 
kinde of death were respited till the next Gen'^^ Court. 

[Page 32 of the original is blank.] 

[33] A GEN'r" Court the 6'^ op the 2^ Moneth, 1642. 

Brother Davis and bro : Jolm Nash admitted members of the 
Court and accepted the charge of freemen. 

Mr. Mitchell and John Whitmore of Rippowams was allso 
admitted members of this 00"^% and accepted the charge of 

Mr. Malbon, Mr. Gregson, Mr. Gilbert and Mr. Wakeman 
chosen dcputyes for the halfc yeare next ensueing. 

The plantatio of Rippowams is named Stamforde. 

Whereas the Deputycs for Stamforde complaine thatt their 
plantatio arc att some diflference w^h the Indians, and there- 

* It would appear from Winthrop, H. 6t, that he was not condemned to death 
without advice from MaasaohosettB, and Bome other places. 


fore require help of advice fr6 this Court how to carry towards 
them, Itt is therefore ordered, thatt the magistrates and dep- 
utyes for this plantatiO shall advise w^h the aforesaid deputyes 
of Stamforde whatt course may best conduce to their peace 
and safety. 

John Touttle of Yennycok, deputed by the Court to be con- 
stable to order the affayres of thatt plantatio, the time being, 
till some further course be taken by this Court, for the settling 
a magistracie there according to God. 

Itt is ordered thatt every planter shall pay the drumer his 
last yeares wages forthw^h (viz) 6^ a peece for every one thatt 
is in the watches, and his wages due to him for this yeare to 
be payd in October next ensueing. 

Itt is ordered that Mr. Malbon shall order the watches and 
all the martiall affayres of this plantatia dureing Captaine 
Turners absence. 

Itt is ordered thatt every first Wednesday in Aprill and 
every Wednesday in the last whole weeke in October shall be 
a Gcn'^ii Court held att Newhavcn for the plantations in com- 
bination w*h this towne. 

Itt is ordered that from hence forwarde the woods and 
meadowes shall be burned the tenth of March every yeare, and 
therefore every man is to take care to secure any thing thatt 
is his, w^h may be in danger of burning, either in the woods 
or meadowes. 

Itt is ordered thatt no yong men shall live by themselves in 
cellars, butt betake themselves to such famylycs as the ma" 
thereof may nott oncly watch over them, butt be able to give 
and account of or concerning them or their conversatiO when 
they shall be required. 

George Spencer, the prisoner, being brought forth, was de- 
maunded whether he would yett give glory to God in owning 
his guilt in thatt loathsome sin of beastiality wherein God from 
heaven had seemed to single him out, and himselfe so often, 
and before so many witnesses had made acknowledgmS butt 
he retayning his form' obstinacie, peremtorily denyed itt, 
whereupon Rob* Newman and- John Clarke gave in evidence 
in Court to his face, thatt since he was sentenced to dye, he 


had fully confessed the fact to them. Att first he denyed thatt 
he had so done, butt they minding him of the passages betwixt 
him and them, he said thatt if he had confessed itt he knew 
nott whatt he said, butt after a while, he acknowledged thatt 
he had confessed itt to them, b^ing asked in Court, why he 
did now deny itt, he answered, because he neither knew 
heaven nor hell. 

Ezechiell Cheevers testified thatt the prisoner had confessed 
the fact to him since he was condemned to dye, and did allso 
professe to him att the same time thatt he would neu' denye 
it againe while he lived. The said Ezekiell asked him, what 
people might thinke of him if he should deny itt againe, if 
they might nott justly thinke he was led by the devill, he an- 
swered, they could thinke no lesse, and added, the Lord might 
justly have strucken him dead form^ly, or might have caused 
the earth to have swallowed him upp quick for denying the 
fact in Court, and taking the name of God in vaine, in kneel- 
ing downe and calling God to witness his innoccncie, when he 
himselfe knew his guiltiness, all w^h the prisoner acknowl- 
edged he had spoken to Ezekiell Cheevers. 
[34] II Francis Church testified thatt the prisoner had con- 
fessed the fact to him since he was condemned, and tolde him 
thatt he wondred thatt the people of God did nott come to 
him, and thatt he feared there was no hope of him, because 
the people of God did not speake to him as form'^ly they had 

The prisoner acknowledged in Court thatt he had confessed 
the fact to Francis Church, though he had formerly oft de- 
nyed itt, and further confesseth, that WiH Harding, a sawyer, 
had given him evill councell to denye itt. 

Being hereupon demaunded in Court whether he would 
yett give glory to God in a free acknowlcdgm^ of his sinfuU 
and abominable filthynes in the beastiality before named, he 
answered he would leave itt to God, adding thatt he had con- 
demned himselfe by his former confessions. 

The Court seriously considering the clearnes of the testi- 
moiiyes together w'h his answers, were aboundantly satisfied 
and confirmed, both concerning his guilt, and their form' sen- 

72 RXfr HiYiar colony bbcobds. £1642 

tence against him, and now prooeeded to determine whatt 
time, and what kinde of death he should dye. Itt was there- 
fore by gen'^i* consent concluded and adjudged, thatt on the 
6^^ day next, being the 8 of ApriU, he the said Georg Spencer 
shall be hanged upon a gallows till he be dead, the place to 
be the fitrthest part of the ifoild called the Oyster-shell field, 
by the sea side, butt thatt first, the foremenconed sow att the 
said place of executi6 shall be slaine in his sight, being run 
through w^h a sworde. 

The 8th op Apbill, 1642. 

The day of executio being come, (Jeorg Spencer the prisoner 
was brought to the place apoynted by the Court for executid, 
in a cart; upon sight of the gallowes he seemed to be much 
amazed and trembled, after some pause he began to speake to 
the youths about him, exerting them all to take warning by 
his example how they neglect and dispise the meanes of 
Grace, and their soules good as he had done, in the educatio 
he had from his parents, the goverm* of his religious ma*", and 
the publique ministry he had lived vnder, by all w«h he might 
have gott much sperituall good, butt thatt his hart was har- 
dened. In perticular he directed and pressed his exhort, upon 
Anthony Stevens, servant to Mr. Malbon, then present, who 
being discontented w^h his condicd, as the prisoner had heard, 
purposed to be gone from this place. He tolde him if he went 
from the ordinances he went from Christ, as he had heard itt 
delivered in publique, and many other wordes he vsed to the 
same purpose ; w^h being finished, he was advised to improve 
the small remainder of his time in the acknowledgm* of his 
owne form' sinful! miscarriages, together w^h the abominable 
lewdnes he had committed w'h the sow there present, and his 
desperate obstinacie in such fearefull denyalls after such cleare 
and full confession as he had oft made before sundry wit- 
nesses. Att first w^h the acknowledgment of sundry evills, 
both in his yonger yeares, and in his late service, he joyned a 
denyall of his fact, butt the halter being fastened to the gal- 
lowes, and fitted to his neck, and being tolde it was an ill time 

1843] NEW UAt¥l» COLONT RBGOBDB. 78 

now to pvoke Qod when he was falling into his hands, as a 
righteous and seveere judge who had yengeanc att hand for all 
his other sins, so for his impudency and atheisme, he justified 
the sentence as righteous, and fully confessed the beastiality 
in all the scircumstances, according to the evidence in Court, 
and called for one Will Harding, a sawyer there present, who 
coming neare, the prisoner charged upon him the murder of 
his soule, afl5rming thatt the said William Harding coming 
into the prison to him, had given him councell to deny the 
fact, and had tolde him thatt the Court could nott proceed 
against him, butt by his owne confession, w<^h pernicious 
councell had stopped his eare against all wholsome councell 
and advice thatt had, from time to time, beene given him, both 
by Mr. Davenport and others, for his sperituall good, and had 
hardened his hart to such a peremtory denyall in Court, 
though he had so often confessed the fact more privately, and 
though executi6 had beene respited betwixt 5 and 6 weeks 
[35] after the || first sentence, and his life so long spared, 
yett the councell of the said Harding had beene a meanes to 
hinder his repentance, and now he was ready to dye, and knew 
no other butt he must goe presently to hell. Harding denyed 
whatt the prisoner charged him wUi, butt the prisoner w^h 
earnestnes confirmed whatt he had spoken, and said he would 
beare witness of itt to the death, and wished Harding to thinke 
of itt, for he was a cause of his souls damnatio. Being desired 
to express somthing what apprehensions he had of the hay- 
nousnes of his sin, as against God, and whatt impressions of 
sorrow were wrought in him for itt, and whatt desires of par- 
don and mercie in Jesus Christ, he could not, though much 
pressed, be drawne to speake a word to any of those purposes, 
and in this fi*ame for ought could be discerned, the sow being 
first slaine in his sight, he ended his course here, God opening 
his mouth before his death, to give him the glory of his right- 
ousnes, to the full satisfactici of all then p^sent, butt in other 
respects leaving him a terrible example of divine justice and 


74 new haven colont beoobds. [1642 

[86] Att a Court held att Newhaven the 4*'» op the 3<* 

MoNETH, 1642: 

Itt is ordered thatt the watches shall be settled forthw^h, 
consisting of 31 watches, 7 men to each watch, the ma*"" 
whereof received their charge given by the magistrates. 

Itt is ordered thatt Mr. Evance shall have the 2 trees w^^h 
stands before his house, in lew of 2 peeces of timber thatt 
brother Andrews had of his about the meeting house. 

Two of bro: Wakemans men is excused fr6 watching for 
the present, because of their imploym* att Pawgasett. 

Att a Coubt held att Newhaven the 1*. op June 1642. 

Itt was propounded by the owners of the mill to the Courts 
consideratid whether the towne will take itt into their hands, 
or establish itt in the place and psons hands where it is. 

Mr. Pearce, being ma*" of a watch and neglecting to order 
his watch according to his charge, was onely admonished, 
because itt was the first time that he hath transgressed the 
order in that kinde. 

A Court held the 5* day op the 6^ Moneth 1642. 

Whereas some goods of Mr. Broadstreets and Mr. Saltings- 
tons were left here by Goodman Quick , Mr. Loudlow desired 
to have an attachm* entred agst the said goods for one debt of 
three pounds and another debt of twenty & two pounds, of 
w*^h the Court tooke notice, butt demurred in granting the 

Itt is ordered thatt if att any time one of the watches be 
broake, and the watchmen devided into severall watches, the 
captaine shall give warning (to those ma*"" whome itt con- 
cernes) of the alterati6, least there be mistaks as form^'ly. 

Itt is ordered that if any souldier come late on trayning 
dayes, he shall show himselfe to the clarke of the company, 
who is to take notice of his comeing, or else his late comeing 
shall be coimted as totall absence. 


Josuah Attwater, bj reason of his weaknes, is excused from 
traying, yett to serve as clarke to the company ; he is content- 
ed on trayning dayes to take the names of the souldiers, and 
to observe who is absent or defective and p^'sent them to the 
Court, and for that end, he is to call the company att 7 a 
clock every traying day. 

Itt is ordered that fro hence forwarde none of the watch- 
men shall have liberty to sleep dureing the watch. 

Itt is ordered thatt on trayning dayes, one man shall stay 
at home in every farme house, to prevent such danger as may 
happen or fall out at the farms if none should be left to keepe 

Richard Beach for nott perforing covenant in the worke 
w<^h he undertooke to doe att the mill, w<^h he was to doe 
strongly and substantially, butt did itt weakely and sleightly 
as was was proved by the testimony of John Wakefield the 
miller, himselfe allso nott denying itt ; Itt was ordered that 
he should make good the damage, butt because the damage 
is not justly known what itt is, Mr. Goodyeare and Mr. Gregson 
are to [vejiw the worke, and consider off and sett downe the 
damage by his [defec]tive workmansliip. 
[37] II Goodman Barker, for neglecting to watch, was fined 
five shillings, and his man for comeing to watch w^hout pouder 
fined l^. 

Samuell, servant to Edward Chipperficld, for comeing to 
watch w^h his armes defective, was fined 2». 

Mr. Evance is spared fro personall trayning, provided thatt 
he finde a man in his roome, or else pay to the company a 
man's hyre every trayning day. 

A difference betweeno Mr. Evance and Goodm Mead is re- 
ferred to Mr. Gilbert and Mr. Gregson w^h the consent of 
both ptyes. 

Samuell Hoskmgs and Elizabeth,* for their filthy dalliance 
together, w^h was confessed by them both, they were both 
severely whipped. 

* In the margin, " Hoskins and his wife." 


A Gen'" Court held att Nbwhavbn the 6**> op the 

6 MONETH 1642. 

Brother Abbott and brother Whitehead admitted members 
.of the Court and received the charge of freemen. 

Rob* Ceely chosen leweten* of the trayned band, & Fnm : 
Newma ancient. Bro : Andrewes, bro : Mounson, bro : Clarke 
and Goodman Jefireyes was chosen sergeants. 

Brother Kimberly , bro : Mosse, bro : John Nash, and bro : 
Whitehead chosen corporalls. 

Itt is ordered that the gen^* : trayning dayes shall be ob- 
served once every mon**> : for the whole company, and thatt 
whosoever shall not appeare when he is called, his fine is 1". 
If totally absent, or dept w^hout leave before the company 
breake up, his fine is 6". 

Itt is ordered thatt all those thatt have musketts or guns 
shall keepe them still, and the pikes thatt are made shall be 
att the townes charge, and kept for the townes vse and service. 

Itt is ordered that their shall no other mill be built for this 
towne, provided thatt the mill thatt now is be so fitted as thatt 
itt may serve the townes occasiO" to grinde both Indian and 
English corne well. 

Memord. The Court declared their app^'hensions thatt itt 
was form^^ly ordered thatt a cart bridge should be made over 
the East River att the towns charge next spring. 

Goodma Moulthrop is allowed to have 6 acres of land added 
to his lott in the first divisio, and 12 acres in the 2«*. 

Itt was ordered thatt one of the squadrons in course, shall 
trayne every last day, except onely thatt weeke in w<^h the 
gen'ii trayning is (w<^h is to be every fift weeke,) and whoso- 
ever shall come late to those weekly traynings, his fine is 6*^. 
If totally absent, his fine is 2"-6*^. He y* shall come after the 
second drum hath left beating, shall be accounted a late 



Mon: 1642. 

Maihew Wilson, for killing a dog of Mr. Perryes willfully 
and disorderly, finde 20». for his disorder, and ordered to pay 
20». damage to Mr. Perry, w^h 40". Edward Chipperfield vn- 
dertooke to see payd by the last of September next. 

John Lovell, the miller, for sinful! dalliance w^h a little 
wench of (Joodm Halls, was whipped. 

A Court the 7*^ op Sept. 1642, held att Newhavbn. 

Tho : Pell and attournay for the executo*^ of Richard Jew- 
ell, demaunded the remainder of the tearme of nine yeares w<^h 
Thomas Toby late servant to Jerymy Whitnell, w^h bound by 
covenant to serve w^h the said Richard Jewell as appeared by 
his indenture, wherevpon the Court w*h the consent of the 
ptjes, referred to Captaine Turner and Mr. Evance to consider 
of and sett downe what damage the said Richard Jewell might 
have in his disbursm^* and adventures about the said Thomas 
Toby, thatt what appeares to be equall may be retoumed to 
the executo'^s of the said Rich : Jewell out of the wages of 
the said Tho : Toby. 

Thomas Dickinson, being convicted of stealing divers things 
from scverall psons, as Mr. Goodycare, Mr. Evance and others 
(who had imployed and intrusted him w4i many tilings and 
businesses) and for diverse other notorious crimes, as lyeing 
and counterfeating, and denying his name Ac, his sentence 
was to be severely whipped, and to make two folde restitutio 
for all thatt is proved against him or confest by him to be 
stolen by him, and to work in irons vntill he have done the 
same, and given satisfactio for other debts w<^h he owes in the 

Samuell Hoskins and Elizbeth Cleverley, being desireous to 
joyne together in the state of marryage, and nott being able 
to make prooffe of their parents consent, butt seeing they both 
affirmc they have the consent of their parents, and w*h all 
haveing entred into contract, sinfully and wickedly defiled 


each other w^h filthy dalliance and vncleane passages, by w«h 
they have both made themselves vnfitt for any other, and for 
w®h they have both received publique correctid, vpon these 
considerations, granted them liberty to marry. 

[89] A Gen'^11 Ooubt held att Newhaven the 17*J> op 

Sept. 1642. 

Itt is ordered thatt when any allarum is made upon the ap- 
proach of any enemy, every souldier in the towne is to repaire 
to the meeting house forth with, and nott to loose time in 
attend-ing his owne private concernments, except onely in 
case of some present assault in or neare the place where he 
is, or at least some discovery of Indians comeing in a hostile 

Itt is ordered thatt in case of any expiditiO against the 
Indians, whosoever the captaine or leivetennant shall thinke 
meete to send forth vpon service (w*h approbatid of the mag- 
istrates) shall forthw*h goe w*hout any further dispute, and 
judge themselves called to goe, though itt should be to the 
extreame hazard of their lives, and if any man shall refuse 
to goe upon such a call, the magistrates is to presse him to 
goe, whether he will or no. 

A Gen''" Court op Elections the 26*i» op the S^^ Moneth, 

1642, ATT Newhaven. 

Mr. Eaton and Mr. Goodyeare are chosen magistrates for 
this towne this ensueing yeare. 

Goodman Warde of Stamforde, is chosen constable for 
Stamforde this ensueing yeare. 

Mr. Malbon, Mr. Gregson, Mr. Gilbert and Mr. Wakema are 
chosen deputyes for this ensueing yeare to assist in the Courts 
by way of advice, butt nott to have any power by way of 

Mr. Gregson is chosen Treasurer. 

Thomas Fugill is chosen Secretary. 


Robert Ceely chosen Marshall. 

Itt is ordered thatt the magistrates and deputyes w^h Cap- 
atane Turn' and Leivetennant Seely, shall advise wUi the 
deputyes of Stamforde, how they may carry towards the In- 
dians about them, who have comitted divers insolencies and 
injuries to the people there. 

Itt is ordered thatt whosoever findes any things /thatt are 
lost shall deliver them to the marshall to be kept safe till the 
owners challeng them. 

[40] A Court held att Newhaven the 2^ op Nouem: 


Whereas there hath beene two attatchments out, in the 
hands of Mr. Gregson, the one in the behalfe of Mr. Pocock, 
and the other on the behalfe of Mr. John Evance of Newha- 
ven, concerning some goods left here by Mr. Owen, Itt is 
therefore ordered thatt those attatchments shall nott take away 
the said goods from this place, untill this Court have scene 
and determined the equity of those attatchments. 

Att the request of Mr. Malbon, Itt is ordered that an attach- 
mente be sent forth to detaine all the goods left in the hands 
of Captaine Turner by Mr. Owen, vntill the Court have or- 
dered concerning them. 

Forasmuch as the causway to the west side beyond the 
bridge is damaged by the cowes goeing thatt way, before the 
workemen had fully finished the same, Itt is therefore ordered, 
that John Wakeman, Josuah Attwater, John Clarke and An- 
thony Tompson shall veiw the damage, and sett downe whatt 
in their judgm^* they conceive is for the workemen to have 
in way of satisfactio. 

Itt is ordered thatt if their be any goods due to John 
Woollen in the marchants hands in reference to Delaware Bay, 
there shall be 3^ detained to secure a debt to Mr. Bryant of 
Milforde till things be cleared betwixt John Woollen and him, 

Itt is ordered thatt Mathew Hitchcock shall either pay 20» 
to Mr. Perry w^h he vndertooke in the behalfe of his brother, 
or else sell so much of his brother's goods as will satisfie the 
said debt. 


Itt is ordered thatt John Mason, Sam: Higginson and 
George Badcoke shall pay to Thomas French the su of 20" 
for takeing his cannow w^out leave, according to an order in 
fhatt case. 

By a letter from Mr. Marshall to Mr. Hill of Winsor, 
bearing date the 7**> of Aprill 1636, and a letter to Good- 
mft Mansfield, dated the 18 of October 1641, itt is evidenced 
to this Court thatt some of the cattell goeing under the name 
of Mr. Trobridge doth belong to Mr. Marshall as his pp goods, 
namely a white cow, red sparkled, a heifer, white and red 
sparkled, and one white and blacke sparkled ; Henry Gibbons 
testimony allso concuring w^h the aforesaid letters. 

Jervas Boykin is ordered to pay vnto George Badcocke the 
sQ of 20" for taking his cannow w^hout leave. 

Mr. Gregson affirmed thatt he hath nott received paym^ for 
the passage of Thomas Toby, wherevpon Mr. Pell as attour- 
nay for Richard Jewells executours undertooke to see him 

The difference betweene Mrs. Stoly6 and Mr. Eliz : (Jood- 
ma w% their owne consents is refered to Mr. Goodyeere and 
Mr. Gregson to determine. 

[41] A Gen''^^ Court held att Newhaven the 7^*» of 

NouEM: 1642. 

Brother Brockett admitted member of this court, and 
received the charg of freemen. 

Bro: Kimberley chosen Marshall in stead of bro: Ceely. 

Itt is ordered thatt if any member of the Court, being 
warned to the Gen*"" Courts, shall not come and make their 
appearance in the Court before all the names of the members 
be read ouer by the Secretary, his fine is 1« 6<^, and if any of 
the rest of the planters shall be absent after their names allso 
be read, his fine is 1«. 

Itt is ordered thatt those who have their farmes att the 
river called Stony River shall have liberty to make a sluce in 
the river for their owne conveniencie. 


A Court held att Newhaven the 7**> of 

December 1642. 

Forasmuch as John Owen hath had some damage done in 
his come by hogs, occasioned through the neglect of Mr. Lam- 
berton, John Bud and WiH. Preston in nott makeing vp their 
fence in season, itt is therefore ordered thatt the said Mr. 
Lamberton, John Bud and WiS. Preston shall make satisfao- 
Ho to the said John Owen for the damage done, (viz) eight 
dayes worke and two pecks of come, w<^h is to be payd accord- 
ing to the severall pportio> of fence vnsett vp respectively. 

Mr. Evance delivered into the Court an awarde betweene 
Groodma Whitnell and Tho : Toby on the one pt, and Mr. Pell, 
attoumay for the execute of Richard Jewell on the other pt, 
wherein Thomas Toby is awarded to pay vnto Mr. Pell three 
pounds six shillings and fewer pence, w^\x Goodman Andrewes 
and Goodma Whitnell vndertooke to pay in his behalfe. And 
itt is ordered thatt the said Thomas Toby shall be bound ap- 
prentice for three yeares, (from the end of his form'' tearme 
w*h Goodman Whitnell) to them, the said Goodma Andrewes 
and Goodman Whitnell, who are to finde him foode and ray- 
ment convenient, till the said three yeares be expyrcd. 

A Court held att Newhaven the 4^^ of the 11^^ 

Moneth 1642. 

Witt Harding being convicted of a great deale of base car- 

ryage and filthy dalliances wUi divers yong girles, together 

w^h his inticeing and corrupting divers servants in this plan- 

tatio, haimting w'h them in night meetings and juncketting, 

&c, was sentenced to be seveerly whipped and fined five 

pounds to Mr. Malbon, and five pounds to Witt Andrewes, 

(whose famylyes and daughters he hath so much dishonored 

and wronged in attempting to defile them,) and presently to 

depart the plantatio, and not to retourne vnder the penalty of 

seveer punishment. 



[42] A Gen'^1 Court thb 16*^ op lltk Monbth 1642. 

Att Nbwhaven. 

Brotbex' Lamson admitted member of the Court and ac-' 
cepted the charge. 

Itt is ordered thatt two pounds shall be made forthw^h, one 
att brother Whiteheads corner, w<^h brother Peck is to keepe, 
and another by the creeke, (where brother Nash his shopp did 
stand) w<^h brother Kimberley is to keepe. Thatt cattell tres- 
passing may be putt in and kept vntill itt appeare who shall 
pay the fine and beare the damage, either the owners, if they 
have putt them in, or if their keepers have beene negligent or 
tiie cattell beene unruly have gott in when the fences have 
beene suflBcient, or they whose fences have beene defective or 
who have left open or broken downe gates or fences or by any 
other meanes have occasioned the damage, in all such cases 
the gouenC" to answer for those vnder them, butt they againe 
to satisfy their gou'no''' as shall be judged meet, and the 
keeper of the pound, for impounding every mans cattell to 
have of the trespasser 2^ a head for hogs and all greater cat- 
tell, and a peny a head for goates and kids, halfe to the 
bringer in of the cattell A halfe to the pound, or if the pinder 
take all the paines he is to have all. 

Itt is ordered thatt the Neck shall be a stinted como for cat- 
tell, and fenced & fitted w^h gates to keep in and out accord- 
, ing to order, and then he thatt breaks or leaves open gates or 
putts in any cattell contrary to the order (the gou^'no'' to ans- 
wer for those vnder him as above) to pay for every beast by 
the weeke (any lesse time then a weeke reconed a weeko,) 3^. 
Note thatt — 12 acres to a horse, 6 acres to an oxe, 3 acres for 
a yong steere nott above 2 yeares olde, and 2 acres for a calfe, 
and none are to putt cattell into the neck above this proportic 

Itt is ordered thatt all those thatt have their meadowes in 
the west meadowes shall heard their cowes on the west side 
onely, and all the rest of the towne are to keepe their cowes 
on this side, and nott att all to heard them beyond the West 
river for this yeare, and no dry cattell are to goe w^h the 
hoards of cowes vnder the penalty of 3^ a weeke for every 

1642] NEW SAVSN coLomr beoobdb. 88 

head, the one halfe to be payd by the owners, aad the other 
halfe by the heard. 

Itt is ordered thatt a booke shall be kept by the Secretary, 
of all the alienations whether houses or lands belonging to 
this plantation, butt no entry to be made w^hout order of the 
Court, and every such entry to be accounted good, according 
to the nature and intent of itt, against any form'' promise, 
covenaunt, bargaine or morgage nott so entered, though such 
deeds or promise shall have their just force against such per- 
son or persons thatt made them, and against any other part of 
his estate, and for every such entry the secretary to be payde 

Itt is ordered thatt the magistrate shall keep a booke of 
every warrant and attatchment given out by him, and direct 
them to the marshall, and thatt the marshall for serveing them 
receive of the plain tifif, till itt be ordered who shall pay, 4<* for 
a warrant, and 6^ for an attatchment. For every tryall in the 
Court, the plaintiff or deffendant, or both (if there be cause) 
pay to the Treasurer ouer and above the warrant or attachm^ 

Itt is ordered thatt every one warned to the Court for transr 
gressing any Gen''^* Courts order, and found an offender or 
being warned for fines or rates due and the same havcing 
beene first pry vately demaunded by the Treasurer or Marshall, 
shall pay to the Marshall 4^. 

Itt is ordered thatt every one comitted to prison, besides 
after charges and attendance as the Court shall judge, shall 
pay the Marshall for turning the key — 1«. 

Itt is ordered thatt a whole yeares rate be forthw^h payd 
w^hin 6 weekes att the most, [a]nd the constant yearely rates 
to goe on in their halfe yeares course, according [to the] form*" 
order, notw'hstanding. 

[43] Itt is ordered thatt whosoever cutteth or causeth any 
tree to be cutt downe vpon any comon w^hin 2 miles of any 
pt of the towne, w^hout leave, contrary to order, shall leave 
the tree to the towne, lose all his labo^", and pay !■ fine. If 
he carry away the tree or any pt of itt he shall pay further 
damage as the Court shall judg meete. 


A Court holden att Newhaven the 1^ op the 1^ Mon : 


John Laurence and Valentine, servants to Mr. Malbon, for 
imbezilling their ma" goods, and keeping disorderly night 
meetings w^h WiS Harding, a lewd and disorderly person, 
plotting w*h him to carry their ma" daughter to the farmes 
in the night, concealing divers vncleane filthy dalliances, all 
w^h they confessed and was whipped. 

Buth Acie, a covenant servant to Mr. Malbon, for stub- 
omes, lyeing, stealing fro her M", and yeilding to filthy dal- 
liance w^h Witt Harding was whipped. 

Martha Malbon for, consenting to goe in the night to the 
farmes w^h Witt Harding to a venison feast, for stealing things 
fro her parents, and yeilding to filthy dalliance w^h the said 
Harding, was whipped. 

Jane Andrewes, for yielding to filthy dalliance w^h the said 
Harding, was whipped. 

Qoodm Hunt and his wife for keepeing the councells of the 
said William Harding, bakeing him a pasty and plum cakes, 
and keeping company w% him on the Lords day, and she suf- 
fering Harding to kisse her, they being onely admitted to 
sojourne in this plantatio vpon their good behavior was 
ordered to be sent out of this towne w^hin one moneth after 
the date hereof, yea in a shorter time, if any miscaryage be 
found in them. 

Mr. Mouleno% for his disorder att Totokett in building, 
fencing, planting and the like, contrary to order, after he had 
againe and againe bcene warned fro this Court to the con- 
trary, he havcing no right so to doe, haveing sould all thatt 
plantatio to this towne, onely reserving liberty for a lott for 
himselfe when a peo : should settle there, as is expressed in 
his owne convayances, since w^h time as he passed away his 
whole right, he purchased a peece of a neck discribed in a 
writeing bearing date the 27^*» of ^ 1639, writ by Mr. 
Gregson, butt in itt hath forged a discriptis difiering fro thatt 
made in Mr. Grcgsons presence, and thereby layd clame to the 
whole neckc, whereas the other was lymitted by a line and 
marked w^h three strokes, butt his sentence respited. 


[44] A GeN'" held ATT NrWHAVEN the 6*^ OP THE 

2d MONETH, 1643. 

A letter from Andrew Ward constable att Stamforde, bear- 
ing date the 3^ of this p^'sent, written in the name and by the 
consent of the free burgesses there, was read, wherein they 
appoynt Captaine John Vnderhill and Richard Geldersleeve 
for their deputyes att this Gen"^^* Court, and desire a magis- 
trate may be chosen for the better carrying on of their affayres 
in thatt place, and doe nominate Mr. Mitchell and Thirton 
Rayner for thatt place. Captaine Vnderhill and Richard Gel- 
dersleeve havcing accepted the charge given here to members 
of this Court, the Court proceeded to electio, and Thirston 
Rayner was chosen magistrate, to execute thatt office att Stam- 
forde vntill the next Gen*"*! Court of Elections att Newhaven 
w®h will be in October next. 

Allso vpon a motio made by the afForesaid deputyes for 
Stamforde, Itt is ordered by this Court y* those fower men 
allready imployed in the townes occasions there, namely, Cap- 
taine John Vnderhill, Mr. Mitchell, Andrew Warde and Rob< 
Coe shall, (till the aforesaid next Gen»^^^ Court for elections) 
assist as the deputyes att Newhaven in councell and advice 
for the more comely carrying on of publique affayres, the 
being annexed to and p'^served in the magistrate or magis- 

Mr. Malbon, Mr. Gregson, Mr. Gilbert and Mr. Wakeman 
chosen deputyes for the next halfe yeare. 

Mr. Malbon chosen Treasurer for this yeare. 

Itt is ordered thatt leivetcnaunt, the antient, an the fewer 
sergeants, out of respect to their places, and for their incour- 
agement, shall be henceforth exempted fro watching, yett s6 
as thatt they must take their turnes by course to see thatt the 
watches be duely observed. 

Itt was further ordered vpo the desire of the aforesaid dep- 
utyes for Stamforde, thatt the trayned band may, (till the 
aforesaid next Gen^'^^ Court for elections,) chuse or confirme 
inferio"^ officers, namely a sergeant or a corporall, or both, to 
exercise them in the millitary way, provided thatt such officers 

86 isasm hjlyesi colony bbookds. [1648 

be both members of the church, and p'sented to and i^proTed 
oflF by the magistrate and deputyes for Stamforde, the funda- 
mental! agreement for votes and elections being still p'^served 
intjrre and inviolable. 

The Court being informed thatt peeces of eight, both in the 
Matachusetts Bay and some other places, doe by order passe 
currantly att five shillings, itt was ordered thatt they shall 
pass att the same rate both here and att Stamforde among the 
planters till the Gen'" Court see cause to alter itt. 

Itt was ordered thatt in case any publique occasio require 
the helpe of labourers or workmen on trayning dayes, the mag- 
istrate may send to the Captaine for so many as the case re- 
quires, or if itt fall out att other times when there is no 
trayning, and thatt men cannott otherwayes be had or pro- 
cured for the carrying on of some necessary worke w*h is of 
publique concernment, the magistrate may putt forth an act 
of authority and p'sse men for the said service and the eflFect- 
ing thereof. 

Itt is ordered thatt brother Abbott and brother Hull shall 
be freed fro trayning, by reason of their bodyly infirmityes. 
[46] Itt is ordered thatt brother Attwater and Rob^ Hill 
shall be exempted fr5 watch in their owne persons, by reason 
of their bodyly infirmityes, yett so as to finde each of them a 
man to watch in their roome. 

Itt is ordered thatt sister Preston shall sweep and dresse the 
meeting house every weeke, and have !■ a weeke for her 

Whereas Goodma Osborne hath heretofore spoyled divers 
hides in the taning w<^h he aleadgeth was for want of skill or 
experience in the tanne of this country, he promiseth for the 
time to come to make good whatt is spoyled in the taning, for 
now he knowes the nature of the tanne, and therefore, if any 
hides be now spoyled itt is through his defaiilt. 


A Gbn'" Ooubt the 6* op the 2^ moneth 1643. 

Itt was ordered thatt Mr. Eaton and Mr. Gregson as com- 
issioners for this jurisdictio of Newhaven shall goe w^h other 
comissioners for other plantatio> into the Bay of Massacusetts 
to treate about a Gen*"** combinatio for all the plantations in 
New England, and to conclude and determine the same, as in 
their wisdome they shall see cause, for the exalting of Christs 
ends and advanceing the publique good in all the plantations. 

And allso thatt Mr. Goodyearo, o*" pasto^ the fower depu- 
iyes, together w^h Georg Lamberton, Rob^ Newman and Tho : 
Pugill shall meete and advise w^h them before they goe, the 
better to p»"pare them for thatt greate and weighty busines. 
And more ouer thatt if any of the members of the Court, 'or 
of the plantatio have any thing of weight to suggest for con- 
sideratio, they are desired to repaire to the comittee, or any 
one of them to cast in whatt light they can. 

A Gbn^h Court the 26*^ op the 2^ Moneth, 1648. 

The comissioners aforesaid desired the Court now to pro- 
pound any thing to them thatt they would have considered of 
in reference to the foremenconed combinatio, and thatt if any 
of them had any light to cast in to them, thatt they would att 
this time impart itt, because the time of their goeing drew 
neare ; butt the whole Court seemed to rest satisfied in the 
wisdome and faithfullnes of those w^'h they had chosen and 
intrusted for thatt great busines, and therefore had nott 
thought of any thing butt whatt they thought had beene con- 
sidered off, and would be provided for by those intrusted. 

Itt is ordered thatt Goodih Osborne shall have liberty to 
cutt downe some trees in the comon to gett bark for his tan- 
ning, and the trees to remaine to the townes vse, either for 
posts, railes or other vses as the Court shall see cause to dis- 
pose of them. 


[46] A Court held att Newhaven the 3^ op the 3^ 


Nicholas Gennings for comitting fornicati5 w*h Magerett 
Bedforde was seveerely whipped, butt his punishm* for other 
misdemeano" respited vntill another Court. 

A Court held att Newhaven the 7*^ op the 4*^ moneth, 1643. 

James Stewart, the last trayning day, for nining att Rob* 
Campi6 w'h his pike, whereby he tore his doublett, and might 
have hurt him, was fined 5« for the disorder, w*^h might have 
beene of evill consequence. 

Bro: Brockett, for late coming to traine fined 1». 

Job. Beach, haveing killed a cow of George Smyths w*h the 
fiedling of a tree, the said George required satisfactid, foras- 
much as he conceiveth thatt the said John did itt through 
negligence, butt he the said John Beach alleadged for himselfe, 
thatt he did nott doe itt negligently, for he being falling a tree, 
there came some cowes about him, and the tree in the falling 
did rest vpon the bowes of another tree thatt stoode neare, and 
then he left the tree, and drave away the cowes as he did con- 
ceive w'hout the reach of the tree, and in the meane time 
some goates coming vnder the tree he retoumed to drive them 
away allso, and then came in haste to give 3 or 4 chops att the 
tree to hasten the falling of itt before the cattell could come 

Butt itt was testifycd by brother Andrewes and brother 
Tompson (who were intreated to veiw the cow and the place,) 
thatt he had nott done whatt in reason he might, and ought 
to have done to p^^serve the cattell, and thatt if he had beene 
as carefuU as he might, no hurt need have be done, for the 
place was so hemmed in w'h fallen trees as thatt there was 
little way open, (on thatt side w^h he said he drave the cowes) 
for them to come in att againe, so thatt he might have kept 
them from danger if he had beene as carefuU as he ought to 
have beene, besides, they afiirme thatt the cow was killed about 
a rod or 20 foote w^hin the reach of the tree, moreouer itt was 
testifyed by brother Andrewes and Bob* Campion^ thatt he 


the said John Beach did affirme thatt when he was cutting 
the tree the last time, he saw the cowes comcing againe, and 
he did throw sticks att them, butt confessed he did not' goe to 
drive them as before, w^h was noted to be .a great neglect of 
him, and allthough he did alleadge in the Court thatt he did 
drive the cowes w^hout the compasse of the fallen trees afore- 
said, brother Tompson observed itt to be an vntruth, for he 
had tolde them att the first, when they went to veiw the cow, 
thatt ho drave them to such a place, w<^h both he and brother 
Andrewes aflBjme was w^hin the aforesaid compasse. Ypon 
all w^h testimony i[t] was ordered thatt the said John Beach 
shall make good the damage to the valine of 5^ w<^h price 
Georg Smyth sett vpon his cow w^h much moderatio, though 
she was really worth moi*e. 

Margerett Bedforde, being convicted of fomicatio and steal- 
ing wMi divers other miscarryages, was severely whipped, and 
ordered to be marryed to Nicholas Gunnings w% whome she 
hath beene naught. 

[47] A Court held att Newhaven the 5*^ : 5*^ moneth, 


Will Fancie his wife, being charged w'h stealing divers 
things from sondry psons, she confessed thatt she did steale 
about 5000 of pins fro Mrs. Lamberton w*h divers pcells of 
lynning, and a jugge to the vallue of 17« as they were prized. 
She confessed allso thatt she stole from Mrs. Gilbert, two 
pillow beares and a shift, all w^h she tooke forth of a tub of 
water in the colde of winter when the famyly was att prayer. 
And att Conectecutt, being kindely entertained as a strainger 
by a friend there, she stole a table napkin att her goeing away. 

Now forasmuch as itt appeares to have beene her trade, she 
haveing beene twice whipped att Connectecutt, and thatt still 
she continues a notorious theefe and a Iyer, itt was ordered 
thatt she should be seveerly whipped, and restore whatt is 
found w% her in specie, and make double restitutio for the 

Andrew Low, Jun' for breaking into Mr. Lings house, where 


he brake open a cup[board] and tooke fro thence some strong 
water, and 6^ in mony, and ransackt all the house fro roome 
to roome, and left open the dores, for w^h fact he being comit- 
ted to prison brake forth and so escaped, and still remaines 
horrible obstinate and rebellious against his parents, and 
incorrigable vnder all the meanes thatt have beene vsed to 
reclame him, wherevpon itt was ordered, thatt he should be 
as seveerly whipped as the rule will beare, and to worke with 
his father as a prisoner w^h a lock vpon his leg, so as he may 
nott escape. 

Itt was ordered thatt Luke Atkinson shall be payd 18« and 
7^ out of Lawrence Watts estate, in consideratio of vse of his 
bedding and houshold stuffe when he lived w'h him, w<^h was 
for the space of a yeare and a quarter thatt he sojourned in his 
house : and Ooodman Hitchcock is allso to have 4« out of the 
said estate w^h the said Lawrence Watts did owe him. 

Theophilus Higginson testified thatt Lawrence Watts did 
borrow a gun of John Dillingham w<^h he was to restore againe, 
butt dyed before itt was restored. 




Namefof the 








A p^ 












Mr. Theoph : Eaton 







Mr^Sam: Eaton 








Mrs. Eaton 








David Yale 



17i 3i 




Will Touttle 



37i 7i 




Eze: Cheevers 








Captaine Turner 








Rich : Pery 








Mr. Davenport 







Rich: Malbon 








Tho: Nash 




4^ 16 




John Benham 








( Tho: Kimberley 






1 6 J-24 00-11-02 

Joh: Chapm& 








Math: Gilbert 








Jasper Craine 








Mr. Roe 







An elder 








V Geo Lamberton 








Will VVilks 








Tho: Jeffrey 




2 6 



Robt. Ceely 




33-8 lOi-32 



Nich: Elsey 




li-8 2^ 



Joh : Budd 








Rich : Hull 




2-30i 3" 



WiU: Preston 




5i-24' 7 



Ben : Fenne 




lJ-8 5 



Will Jeanes 

5 ; 150 


4 10 



Joh: Brockett 




i-24, IJ 



Roger Allen 




^24 2J 



Mr. Uickocks 




13 53 



Mr. Mansfeild 




6 22 


Tho: Gregson 







Sieph: Goodyear 

9 1000 







Will Hawkins 

2 1000 





Jer : Whitnell 

2 0050 






Sam : Bayley 

1 . 250 






Tho: Buckingham 

4 GO 


2i 16 5 



Rich: Miles 

7 i 400 


7i 23i 



Tho : Welch 

1 250 






Nath : Axtell 










Hea: Stonell 








Will Fowler 








Peter Preden 








James Preden 


10 8 





Edmond Tapp 


800' 52 i 





Wid: Baldwin 


800 52 i 




An elder 


500 40 





Rich: Piatt 


200 20 







600 45 





Tho : Osborne 


300! 30 





Hen: Rudderforde 








Tho : Trobridge 








Wid : Potter 








Joh: Potter 








Sam: Whitehead 




11 16 




Joh: Clark 








Luke AtkinBon 




2 16 




Arther Halbidge 




2 82 




Edward Banirfer 








>Will Peek 



lOi 16 

2 16 











Job: Charles 








Rich: Beach 




4 32 




Timothy Fordc 







Peter Browne 








Daniel Paule 
















Antho : Tomuson 








Joli KccJi-r 








Robt. Cogswell 








Malhi : Hitchcock 
















Rich : Osborne 




14 16 




Will Potter 







00-08-0 dob 

James Claik 








Edward Pattcson 








Andr. Hull 







00-08-0 9ob 

Will Ives 








Geo: Smyth 








Widd : Shirman 








Math Moulthrop 

'Tho : James bcs. 







Wid: Greene 








Tho: Yale 








Tho: FugiU 











* Job : Ponderson 








Job : Johnson 








^ Abra: Bell 








Job: Evance 








Mr. Mayres 








Mrs. Constable 








Josuab Attwater 








Tbo: Fugill 









Edward VVigglsw: 








Tbo: Powell 








Hen: Browing 








Mrs. Higison 








Edw: Tencb 








- Jer: Dixon 








WiU Tborp 















00-02-02 - 

Wid: Williams 








Andr. Low 








. Fr. Newman 




2i 16 




Job: Caffins 








David Attwater 





1.11 4. 







x-x x.* 








Ben Ling 








Robt. Newman 








Will Andrews 








Job: Cowp 

3 30 






Rich: Beckley 

4 1 20 






Mis Marshall 

5 1000 






Mrs. Eldred 

i 5 ,1000 

1 1 






Fran: Brewster 

1 9 tlOOO 






Mark Pearce 

I 2 1 150 






Jarvis Boykin 

I 2 








James Russell 

: 2 

" 20 






Geo: Warde 








Lawrence Ward 








Moses Wheeler 

2 50 






* In the margm, Thorn Lord, \. Robert Tamadg, i. 



[The following ii in Ae hflndwrlting of Vnaieii Newman.] 


The names of y* 

Teonants of oystenhell 

field, beffinning 164B. 

M^ch 10^. 

Francis Browne 8 ac's 

fir yeferrey: rent free, 


Thorn Moris 4 

William Paine 2 

Widdow Ejiowles 2 

Jno Coopr 4 

MrMalbon 7 

Henry Morell 2 

Mr QUbert 4 

Robert Pig 2 

Francis Browne 2 

John Walker 2 

John Hall 2 

Thorn: Munson 2 

Robert Martin 2 

William Holt 2 

William Pecke 1 

for a shooting place. 

PhiUip Leeke t » 
his owne 



Mr. Lucas home lott Joseph Pecke ) ^l ^^ «^„„ii 

William Johnson [ ^t^^T 
Thomas Beamond S ^ ^^''''• 

Joseph Pocke 
Henry Pecke 

William Johnson 

Mr. Lucas out lotts. William Thoi;pe 4 : ac^s of ye first 

derizion next his owne. 

each of them 5} 
ac^s in 3: pts, 
w'hin the two 
mile : 3 ac's of 
Tho Beamond f meddow and 12 

fic*B of ypland 
in J* second di- 

Jeremiah Whitnel 4 : ac' in y* 3*' 
deyission w4iin y* 2 mile, 
three acs of meddowe & 12 ac' of 
y* second diyission. 

John Ponderson 5 ac' of meddow : 
20 ac' of y* sec devission. 

Qeorge Laremore 3 , ac meddowe : 
12 ac of y* sec deyission. 

Richard Hull, 4 ac' of y* sec devis 
w*hin J* 2 mile. 

M*^ Eldreds out lotts. Thomas Wheeler senior 

Thomas Wheeler junio' 
Henry Glouer 
William Holt 
Joseph Alsop 
Ephrahim Penington 
Phillip Leeke 

Andrew Low 
Christopher Todd 
Henry Morell 

The Meddow and second diyission to be deyided equ[ally] 
betwixt Nathaniel Merrinuin, Mathias Hitchcocke and Isacke 
Whitehead if he accept it. 

Each of these are to hane : 6 : acrg 
wihin y« two mile In 8 ptee. 

JnoTinccm ) eaeh8acr:wthinthe 
Joeeph Naali j two mile in 8 : pta. 

Xaoh of theie to hane 4 [aon] wthin 
ye 2: mile in 8: pta. 

Mr. Roes out lotts. William Gibbons 

John Hall 
Jeremiah How 
Robert Martin 
William Russell 
William Paine 
Jonathan Marsh 
John Walker 
Francis Browne 
Abraham Dowlitle 

Bach of theae are to hane If aer in y« flni 
deriadon wthin ye two mile k\\ ac* in Mch 
of 7« other two deriiaiona w4iin y« two mile. 


Thorn. Monson 4j ac' in v« 2^ devisid w»hin y« 2 mile next 

Mr. Mialbons. 

Phillip Leeke two ac' in y* first devis. 2 : in y« 3^ if»hin y 

two mile. 

Joseph Nash two ac } out of Mr. Roes first devis & y« Elders 

and two ac" on a sixt pt of Mr. Roes 
third devis. w'hin y* two mile. 

The meddow and second devission of vpland is granted to 

John Brocket and Thomas Barnes. 

A lott reserved for ) Mr. Aufer the home lott and halfe y* accomodations, 
an Elder ( Thorn. Moris 1 quarter of y* accomodations. 

William Andrewcs 3 : ac's of meddow, 12 ac" of y« sec deviss. 

Andrew Low 2 ac' 4 of meddow : 9 : ac" of y* sec deviss. 

Joseph Nash 1^ ac' meddow in y* mill meddow : 6 : acr sec 

JosTph Nwh J ^^^^ 5 acr } of y« sec & third deviss. 
At a Court S^^ Nouemb' 1652, the land in the 
neck belonging to Mr. Roes lott, M^^ Eldreds, 
and Mr. Lucas was giuen to y* Gouemo'. 

Aprill the 20'^ 1[ ] • 

The comittee appointed to dispose of the absent lott mett & 
vpon the request of Mathew Camfeild, granted to him the 
home lott w^h was laide out and reserved for M"^*" Eldred, 
ypon the conditions following viz'^ 

That he plant it all w'h fruit trees, except aboute one ac^ 
next the front, and that he p^sently paye for the fenc belong- 
ing to it, as it is now worth, being vallewed by indifferent 
men, & so maintaync and kcepe it, and if in y<» terme of five 
yeeres, the towne shall see cause to dispose of it to any man 
w^h may be of publique vse and benefit to the towne, it is to 
be at the townes dispose, payeing him for liis trees and his 
fenc aboute y® lott, as they shall be then worth, being equally 
vallewed by indifferent men, but if the towne shall not dispose 
of it to some such man w^iin y® terme of 5 yeeres, that then 
the said Mathew Camfeild shall haue the lott, paying to the 
towne for y« ground as it is worth, being vallewed by indiffer- 
ent men, and that then he shall build a dwelling house vpon 
it, comely and fitt for habitation, that so it may not lye as a 
vacant lott : 

And vpon the same termes, at the same time the cofnittee 
granted Mr. Roes home lott, to Mr. Davenport, Mr. Gilbert 
and Mr. Crane. 

* The date of this entry is probably 1648. 


[Next after are recorded in the handwriting of Mr. Gibbard, the Indian deeds which 
have been transferred to the beginning of this volume. 
There appears to have been no pages numbered from 61 to 62.] 

[In the handwriting of Thomas Fugill.] 

[62] Att a Gen'J^ Court held att Newhaven for the 
Plantations w'hin this Jurisdictis, the 6* op July, 1643. 

Mr. Leete and Mr. Disbourough of Manunkatuck were ad- 
mitted members and received the charge of freem for this 
Court. Brother Preston allso admitted member of this Court 
and accepted his charge. 

Mr. Eaton and Mr. Gregson, lately sent from this Court as 
comissioners w^h full power to treate, and, if itt might be, to 
conclude a combination or confcederation w*h the Gen'^^* Court 
for the Massachusetts, and w^h the comissioners for New Ply- 
mouth and Connectecutt, did this day acquaint the Court wUi 
the issue and successe of thatt treaty. The articles agreed and 
concluded att Boston, the 19th of May, 1643, were now read 
and by this whole Court approved and confirmed. And itt was 
ordered thatt the Secretary enter them as a recorde. A letter 
allso from Mr. Wintropp, Governo' of the Massachusetts, 
dated the 19^*> of June last past was read, wherein from Mr. 
Winslow he signifies the cheerefiill concurrence of the Court 
att Plymouth in the said confoederatio, according to the fore- 
named articles. 

Itt was further ordered by this Court, thatt all the males in 
or belonging to every of the plantation in this jurisdictio, fro 
sixteene yeare olde to sixty, be duely numbred according to 
the said articles. And thatt a true and particular account of 
them be brought in, betwixt this and the midle of August 
next, to be sent to the next meeting of the comissioners at 
Boston. Lastly, the said Mr. Eaton and Mr. Gregson were 
by this Court chosen and invested w^h full power, (according 
to the tenno^ and true meaning of the said Articles,) as com- 
issoners for this jurisdictio in the meeting for this confoeder- 
atio, to be held att Boston, the 7**» of September next. 

Manunkatuck named Guilforde. 

Itt is ordered thatt every male, fro 16 yeares olde to sixty, 
w^hin this jurisdicto, shall be forthw*h furnished of a good 


gun or muskett, a pound of good pouder, 4 fathom of match 
for a match-lock, and 5 or 6 good flints, fitted for every fyre 
lock, and 4 pound of pistoU buUetts, or 24 buUetts fitted to 
their guns, and so continue furnished from time to time, vnder 
the penalty of lO^ fine vpon every defect in any of the fore- 
named perticulars. And itt was further ordered thatt the 
Captaine shall* give order to the officers thatt they take a strict 
veiw of all the defects or neglects of the trayned band, once 
every quarter, vnder the penalty of 40», and if the officers 
shall neglect to do itt, att his appoyntment, their fine is 40» 
allso, to be leivyed att the discretio of the Court, and thatt a 
retourne of the said veiw be made to the Court by the Cap- 
taine or the dark of the company at his appoyntment, vnder 
the penalty aforesaid. 

Itt was ordered thatt 5^ fro Stamforde, and 5^ fro Guilforde, 
and 2^ fro Ycnycott shall be forthw'h raised and payd into 
the treasury of Newhaven towards the charges about the com- 

Mr. Goodycere was desired by the Court to write to the 
inhabitants of Yenycott, to lett them know the equity of the 
proceedings of this Court in rateiiig all men imptially ac- 
*cording to their accomodations wUiin the libertycs of this 
plantation, & thatt it will be expected thatt the same rule be 
attended vnto by them there allso. 

[63] II Itt was ordered thatt each plantatio w*hin thisjuris- 
dictio shall have a coppy of the Articles of Confocderatid, for 
w^h they arc to pay the Secretary. 

A letter from Mr. Wiutropp was read, wherein he layd 
downe divers reasons why the Massachusetts gave liberty to 
the Frenchmen, late arrived there, to gctt whatt help they 
coulde in thatt jurisdictid to assist them in their enterprize att 
the French plantatid. 

[The remainder of this pngc is hhink.] 



[64] Articles of Confoederatio betwixt the Platations vnder 
the Goiierm* of the Massacusetts, the Plantations vnder 
the Gou'n* of Newplymouth, the Plantations vnder tlie 
Gou'm' of Conecticutt, and the Gou^m* of Newhaven 
w'h the Plantatio" in combinatio w^h itt. 

Whereas we all came into these pts of America w^h one 
and the same end and ayme, namely to advance the kingdome 
of 0' Lord Jesus Christ, and to enjoy the libertyes of the Gos- 
pell in purity w^h peace, and whereas in c settling, (by a 
wise pvidence of God,) we are further dispersed vpon the sea 
coasts and rivers then was at first intended, so thatt wee can- 
nott (according to our desire) w'h conveniencie comunicate 
in one governm' and jurisdictio, & whereas we live incom- 
passed w'h people of sevcrall nations and strange languages, 
w<^h hereafter may prove injurious to vs or our posterity, and 
forasmuch as the natives have form^'ly comitted sundry inso- 
lencies and outrages vpon severall plantations of the English, 
and have of late combined themselves against vs, & seeing, by 
reason of the sad distractions in England w^h they have heard 
of, and by w«^h they know we are hindred both from thatt 
humble way of seeking advice, and reaping those comfortable^ 
frutes of protectio w^h att other times we might well expect, 
We therefore doe conceive itt our bounden dutye w^hout 
delay to enter into a p''sent consociation amongst ourselves 
for mutuall help and strength in all our future concerm^«, 
thatt as in natio and religio, so in other respects, we bee and 
continue one, according to the teimure and true meaning of 
the ensueing articles, 

1 Wherefore itt is fully agreed and concluded by and bo- 
tweene the ptyes or jurisdictions above named, and they 
joyntly and severally doe by these p^'esents agree and conclude 
thatt they all be, and henceforth be called by the name of the 
United CoUonyes of New England. 

2 The said United Colonyes, foT themselves and their pos- 
terityes, doe joyntly and severally, hereby enter- into a firmc 
and perpctuall leage of frendship and amyty, for ofifence and 
defence, mutuall advice and succour, vpon all just occasions. 


both for p'serving and ppagateing the truth and libertyes of 
the Gospell and of their owne mutuall safety and wellfare. 

3 Itt is further agreed thatt the plantatio* w*^h att present 
are or hereafter shall be settled w^hin the lymitts of the Mass- 
acusctts shall be for ever vnder the goverm* of the Massacu- 
setts, and shall have peculiar jurisdictio amongst themselves 
in all cases as a entire body, & thatt Plymouth, Conectecut 
and Newhaven shall each of them in all respects have the like 
peculiar jurisdictio and goverm^ wOiin their limitts, and in ref- 
errence to the plantations w^h allready are settled or shall 
hereafter be erected, and shall settle wUiin any of their lymits, 
respectively ; provided, thatt no other jurisdictio shall hereaf- 
ter be taken in as a distinct head or member of this confoeder- 
atio, nor shall any other, either plantatio or jurisdictio in 
p'sent being, and nott already in combinatio or vnder the juris- 
dictio of any of these confoederates, be received by any of 
them, nor shall any two of these confoederates joyne in one 
jurisdictio w^hout consent of the rest, w*^h consent to be inter- 
preted as in the sixt ensueing article is expressed. 

■4 Itt is allso by these confoederates agreed thatt the charge 
of all just warres, whether offensive or defensive, vpon whatt 
. pt or member of this confoederatio soever they fall, shall both 
in men, provisions and all other disbursm^* be borne by all the 
pts of this confoederatio in different proportions, according to 
their different abilityes in man*" following, Thatt the comis- 
sion^* for each jurisdictio from time to time, as there shalbe 
occasio, bring a true account and number of all the males in 
each plantatio, or any way belonging to or vnder their severall 
jurisdictions, of whatt quality or conditio soeu"" they be, from 
sixteene yeares olde to three score, being inhabitants there, 
and thatt according to the different numbers w^h from time to 
time shall be found in each jurisdictio, vpo a true and just 
account, y^ service of men & all charges of the warre be borne 
by the pole, each plantatio or jurisdictio being left to their 
owne just course & custome of rateing themselves and people, 
according to their different estates, w4i due respect to their 
quallityes and exemptions among themselves, though the con- 
foederatio take no notice of any such p'veledg, and thatt 


according to the differ* charge of each jurisdictio & plantatio 
tlifi whole advantage of the warre, (if it please God so to 
blesse their endeavo'") whether itt be in lands, goods or psons, 
shall be pportionably devided among the said confoederates. 
[65] 5 Itt is further agreed thatt if any of these jurisdic- 
tions, or any plantation vnder or in combinatid w^h them, be 
invaded by any enemy whomsoever, vpon notice and request 
of any three magistrates of thatt jurisdictis so invaded, the 
rest of the confoederates, w^hout any further meeting or 
expostulatid, shall forthw^h send ayde to the confoederate in 
danger, but in diflFerent proportions, namely, the Massacusetts 
one hundred men, sufficiently armed and pvided for such a 
service and journay, and each of the rest forty five men, so 
armed & pvided, or any lesse number, if lesse be required 
according to this pportio. Butt if such a confoederate in dan- 
ger may be supplyed by their next confoederate, nott exceed- 
ing the numb' hereby agreed, they may crave help there, and 
seeke no further for the p^'sent, the charge to be borne as in 
this article is expressed and att their retoume to be victualled 
and supplyed w'h powder and shott (if there be need,) for 
their journay, by thatt jurisdicti6 w<^h imployed or sent for 
them, butt none of the jurisdictions to exceed these numbers, 
till by a meeting of the comissioners for this confoederatio, a 
greater ayde appeare necessary, and this proportio to continue 
till vpon knowledge of the numbers in each jurisdictio (w^^li 
shall be brought to the next meeting,) some other proportio 
be ordered, but in any such case of sending men for p^^sent 
ayde whether before or after such alteraco, it is agreed thatt 
att the meeting of the comision»"8 for this confoederatio, the 
cause of such warre or invasio be duely considered, and if itt 
appeare thatt the fault lay in the pty so invaded, thatt then 
thatt jurisdictio or plantatio make just satisfactio both to the 
invaders whome they have injured, and beare all the charges 
of the warre themselves, wUiout requireing any allowance 
from the rest of the confoederats towards the same. And fur- 
ther, if any jurisdictio see any danger of an invasio approach- 
ing, & there be time for a meeting, thatt in such case three 
magistrates of thatt jurisdictio may sumon a meeting att such 


convenient place as themselves shall thinke meete, to consider 
and pvide against the threatned danger. Pvided, when they 
are mett they may remove to whatt place they please, onely 
while any of these fower confoederates have butt 8 magistrates 
in their jurisdictio, a request or sumons from any two of 
them shall be acounted of equall force w'h the three men- 
tioned in both the clauses of this article, till there be an 
increase of magistrates there. 

6 Itt is allso agreed thatt for the managing and concluding 
of all affayres pp to, & concerning the whole confoederatio, 
two comissioners shall be chosen by and out of each of these 
4 jurisdictios, namely, two for the Massacusetts, two for Plym- 
outh, two for Conectecutt, and two for Newhaven, being all in 
church fellowship w*h vs, w^h shall bring full power from their 
severall Gen"^^^ Courts respectively, to heare, examine, weigh 
A determine all affaires of warre or peace, leags, aydes, 
charges and numbers of men for warre, devisio of spoyles, or 
whatsoever is gotten by conquest, receiveing of more confoed- 
erates or plantations into combinatio w'h any of these con- 
foederates, and all things of like nature w^h are the pp con- 
comitants or consequents of such a confoederatio, for amyty, 
offence and deffonce, nott intermedling wUi the gou^m^ of any 
of the jurisdictions, w«=h, by the third article, is p*" served 
intirely to themselves. 

Butt if these eight comission^s, when they meete shall nott 
all agree, yett it is concluded thatt any six of the eight agree- 
ing shall have power to settle and determine the busines in 
question. Butt if six doc not agree, thatt then such proposi- 
tions wUi their reasons, so farre as they have beene debated, 
1)6 sent and referred to the fower Generall Courts, (viz) the 
Massacusetts, Plymouth, Conectecutt and Newhaven, and if 
at all the said Generall Courts the busines so referred be con- 
cluded, then to be psccuted by the confoederates, and all their 
members. Itt is further agreed thatt these eight comissioners 
shall mecte once every ycare, besides extraordinary meetings, 
according to the fifth article, to consider, treate and conclude 
of all affayres belonghig to this confoederatio, w*^h meeting 
shall ever be the first Thursday in September, and thatt the 


next meeting after the date of these p'sents, w^h shall bo 
accounted the second meeting, shall be att Boston in the Mas- 
sacusetts, the third att Hartforde, the fowerth att Newhaven, 
the fifth att Plymouth, the sixt and seaventh att Boston, and 
then att Hartforde, Newhaven and Plymouth and so in course 
successively, if in the meane time some middle place be nott 
found out and agreed on, w<^h may be comodious for all the 

[66] 7 Itt is further agreed thatt att each meeting of these 
eight comissionrs, whether ordinary or extraordinary, they all, 
or any six of them agreeing as before, may chuse their presi- 
dent, out of themselves, whose oflSce & worke shalbe to direct 
for order and comely carrying on of all proceedings in the 
p'sent meeting, butt he shalbe invested wUi no such power or 
respect as by w'^h he shall hinder the propounding or prog- 
resse of any busiues, or any way cast the skales, otherwise 
then in the p''sedent article is agreed. 

8 Itt is allso agreed thatt the comission^s for this confoed- 
eratio hereafter att their meetings, whether ordinary or extra- 
ordinary, as they may have comissio or oportunity, doe en- 
deavour to frame and establish agreem*" and orders in gen''^* 
cases of a civill nature wherein all the plantations are iuter- 
esscd, for p''serving jieacc amongst themselves, and p'^vcnting, 
(as much as may be) all occasions of warre or differences wUi 
others, as about the free and speedy passage of justice in each 
jurisdictio to all the coufoederatcs equally as to their ownc, 
not receiving those thatt remove fro one plantatio to another 
w'hout due ccrtifficates, how all the jurisdictios may carry itt 
towards the Indians, thatt they neither grow insolent, nor be 
injured wUiout due satisfactio, least warre breake in vpon the 
confoederates through such miscarryages. Itt is allso agreed, 
thatt if any servant run away from his ma"^ into any other of 
these confoederated jurisdictions, thatt in such case, vpon the 
certifficate of one magistrate in the jurisdictio out of which 
the said servant fled, or vpon other due proofe, the said ser- 
vant shall be deliu'ed to his said ma"", or to any other thatt 
psucs and brings such certifficate or proofe, and thatt vpon the 
escape of any prisoner whatsoever or figitive for any criminall 


cause, w*her breaking prison, or getting fro the officer, or oth- 
erwise escapeing, vpon the certifficate of two magistrates of 
the jurisdictio out of w<^h the escape is made, thatt he was a 
prisoner, or such an oflFendo' att the time of the escape, the 
magistrates, or some of them, of thatt jurisdictio where, for 
the p'sent the said prisoner or fugitive abideth, shall forthw*h 
grant such a warrant as the case will beare for the apprehend- 
ing of any such pson, and the delivery of him into the hand of 
the officer or other pson who psueth him, and if there be help 
required for the safe retourning of any such oflFender, then itt 
shall be granted vnto him thatt craves itt, he paying the 
charges thereof. 

9 And for thatt the justest warres may be of dangerous 
consequence, especially to the smaller plantatiCs in these 
vnited coUonyes, itt is agreed thatt neither the Massacusetts, 
Plymouth, Conectecutt, nor Newhaven, nor any of the mem- 
bers of any of them, shall, att any time hereafter begin, vnder- 
take or ingage themselves, or this confoederatio, or any pt 
thereof, in any warre whatsoever, (sudden exegents w*h the 
necessary consequences thereof excepted, w^h are allso to be 
moderated as much as the case will pmitt,) w^hout the consent 
and agreem^ of the forenamed eight comission's, or att least 
six of them, as in the sixt article is provided, and thatt no 
charge be required of any of the confoederates in case of a 
defensive warrc, till the said comission'^s have mett and 
approved the justice of the warrc, and have agreed vpon the 
sum of mony to be leivicd, w^h su is then to be payd by the 
severall confoederates, in proportion, according to the fowerth 

10 Thatt in extraordinary occasions, when meetings are 
sumoned by three magistrates of any jurisdictio, or two, as in 
the fift article, if any of the comissioners come not, due 
warning being given or sent, itt is agreed thatt fower of the 
comissioners shall have power to direct a warre w^h cannot be 
delayed, & to send for due proportions of men out of each 
jurisdictio, as well as six might doe if all mett, but nott less 
then six shall determine the justice of the warre, or allow the 


demaunds or bills of charges or cause any levies to be made 
for the same. 

11 Itt is further agreed thatt if any of the confoederates 
shall hereafter breake any of these p'sent articles, or be any 
other way injurious to any one of the other jurisdicti6«, such 
breach of agreem* or injury shall be duely considered and 
ordered by the comiss'* for the other jurisdictions, thatt both 
peace and this p'sent confoederation may be intyrely p'served 
w*hout violati6. 

[67] 12 Lastly, this ppetuall confoederatid and the severall 
articles and agreem^" thereof, being read and seriously consid- 
ered, both by the Generall Court for the Massacusetts, and by 
the comission'« for Plymouth, Conectecutt and Newhaven, 
were fully allowed and confirmed by three of the forenamed 
confoederates, namely, the Massacusetts, Gonectecut and New- 
haven, onely the comissioners from Plymouth, haveing noe 
comission to conclude, desired respite till they might advise 
w*h their Generall Court, Wherevpd itt was agreed and con- 
cluded by the said Court of the Massacusetts, and the comis- 
sioners for the other two confoederates, thatt, if Plymoth 
consent, then the whole treaty, as it stands in these p^sent 
articles, is and shall continue firme and stable, w^hout altera- 
tiO. Butt, if Plymouth come nott in, yett the other three 
confoederates doe, by these p'sonts, conclude the whole con- 
foederatio and all the articles thereof, onely in Septem. next, 
when the second meeting of the comission'* is to be att Bos- 
ton, new consideratio may be taken of the sixt article, w^h 
concerns number of comissioners for meeting and concluding 
the affayres of tliis confoederatio, to the satisfactio of the 
court of the Massacusetts, and the comission's for the other 
two confoederates, butt the rest to stand vnquestioned. In 
testimony whereof, the Gen"^^^ Court of the Massacusetts, by 
their Secretary, and the comission's for Conectecutt and New- 
haven have subscribed these p'sent articles, this-19^*> day of 
the 3<* moneth, comonly called May, 1643. 


A Court held att Newhaven the 2^ of 

August 1643. 

Whereas there is a diflFerence depending betweene Robert 
Ceely, and Daniell Paule, about a note of agreement betweene 
them vnder both their hands, w'h both their consents, itt was 
referred to Mr. Malbone and Mr. Wakeman to arbitrate and 
determine as they shall see cause. 

A difference allso betweene WiH. Fowler and Steven Med- 
calfe about a trespasse, w^h both their consents, was referred 
to Mr. Malbon and Mr. Wakeman to arbitrate and determine 
as they shall see cause. 

Forasmuch as itt appeareth by the testimony of Lawrence 
Warde thatt Margerett Poore, alias Bedforde, now wife to 
Nicholas Gennings, was to be servant to Captayne Turner, 
vnto the full end and terme of 4 yeares from the time of her 
first coming to him, butt she runing away w*h the said Nicho- 
las, before the saide tearme was expired, itt was ordered, thatt 
the said Nicholas, her said husband, shall make satisfacti6 to 
Captaine Turner (her said ma%) for thatt losse of time, 
according as itt shall be arbitrated by Mr. Gregson and Mr. 
Wakeman, who arc desired by flie Court to doe the same. 
And the said Nicholas is to make 2 foldc restitutio for those 
things w^h are confessed by them to be stolen from the said 
Captaine Turner. 



[68] A Court held att Newhaven 

2 August 1643. 

John Thickpeny, about the age of 25 yeares, marrianer, lu 
the Cock w^h George Lamberton in his last voyage to 
Delaware Bay, being duely sworne and examined, de- 

Thatt he was present in the pinace called the Cock whereof 
Georg Lamberton was ma% rideing at ancre about 3 miles 
above the Sweeds fort in Delaware River, when a letter was 
brought the Sweeds governor by Tim. the barber and Godfrey 
the marchants man coming w4i him ; they tolde him, this 
deponent in Dutch, a language w<^h he vnderstoode, thatt the 
contents of the letter was thatt the Indians, being att the fort 
the day before, had stolen a golde chaine from the governo" 
wife, and thatt the governor did intreat Mr. Lamberton to vse 
meanes to gett itt againe of the Indians who were then come to 
trade with the said Mr. Lamberton, desircing thatt they might 
stay aboarde till the next morning, thatt he might discover the 
Indian to him, affirming thatt he could know the Indian thatt 
had stolen itt, by a marke w<^h he had in his face, butt, though 
many Indians came aboard- while he was there, yett he went 
away and never made more words of itt. This deponent fur- 
ther saith, thatt he was aboard when a second letter was 
brought aboard the Cock to Mr. Lamberton from the Sweeds 
governor the contents whereof he knows nott, butt a while 
after, the same day, he w'h Isaac goeing to carry Mr. Lam- 
berton ashoare to the Sweeds fort, into w<^h being entred, 
before they spoke w'h the governor, the said Mr. Lamberton, 
this deponent, and the said Isaack were all cast into prison 
together, (butt a while the said Mr. Lamberton was taken 
forth of thatt roome, butt as he vnderstood was kept in 
another prison,) where he, this deponent, continued 3 dayes, 
in w^h time John Woollen, servant to Mr. Lamberton, (and 
his interpreter betweene him and tTie Indians,) was coraitted 
to the same prison in irons, w^h, he himselfe said, the gover- 
nor had putt vpon him wUi his owne hands. 

And further this deponent saith thatt the said John Woolen 
tolde him thatt att his, the said John Woollens first coming 


into the Sweeds fort, lie was brought into a roome in w<^h the 
governonrs wife, Tymothy the barber, and the watch maister 
came to him and brought wine and strong beere and gave him, 
w^h a purpose, as he conceived to have made him drunck, and 
after he had largly drunk there, the Gov sent for him into his 
gl^e chamber and gave him more strong beer and wine, and 
drunk freely w*h him, entertayning of him w^h much respect 
seemingly, and w4i profession of a great del of love to him, 
[69] Ijmakeing many large promises to doe very much good 
for him if he would butt say thatt Georg Lamberton had hyred 
the Indians to cutt oflf the Sweeds, butt the said John Woollen 
denyed itt, then the governor drunke to him againe, and said 
he would make him a man, give him a plantatio, and build 
him a house, and he should not want for golde nor silver, if 
he would butt say as is said before ; he would doe more for 
him then the Eng : could, for he loved him as his owne child, 
butt the said John answered, thatt there was no such thing, 
and if he would give him his house full of golde, he would 
nott say so, and then the governor seamed to be exceeding 
angry, and threatned him very much, and after thatt drunke 
to him againe, and prest him to confess as before, w*^h the 
said John Woollen refusing, the governor was much enraged, 
and stamped w^h his feetc, (w^h this deponent himselfe heard, 
being in the roome vnder him,) and calling for irons, he putt 
them vpon the said John Woollen w'h his owne hands, and 
sent him downe to prison as before is expressed. And this 
deponent saith, thatt the aforesaid Sweeds watchma^ came into 
the prison, and brought strong beere, and drunke w'h them 
about 2 howers in the night, and pressed the said John 
Woollen to say thatt the said George Lamberton had hyred the 
Indians to cutt off the Sweeds, and he should be loosed from 
his irons presently, butt John Woollen said he would not say 
itt if he should be hanged, drawne and quartered, because he 
would nott take away the .life of a man thatt was innocent, 
then he prest him further, thatt he would speake any thing to 
thatt purpose, be itt never so little, and he should be free 
presently, butt John Woolen said he could nott say itt nor he 
would nott say itt. And he further saith thatt the said watch- 


ma' prest him, this deponent, to the same purpose, and he 
should have his liberty, w^h he allso refused, knowing no such 

This deponent, thatt att another time while he was in prison, 
Gregory, the marchants man, came to him and tolde him 
they were sent by the governor to charge him w*h treason w^h 
he had spoken agamst the Queene and Lords of Sweden, 
namely, thatt he had wished them burnt and hanged, w<^h he 
this depon* vtterly denyed, and then the said fetched a 
flagon of strong beere and drunke itt w'h him, and after thatt 
fetched the said flagon full of sack and drunke thatt w% him 
allso, and bid him call for wine and stronge beere whatt he 
listed, and questioned w*h him about Georg Lambertons hyr- 
ing the Indians as aforesaid, his answer was, he knew no such 
thing. Then the watchma' affirmed thatt itt was so, and thatt 
George Lamberton had given cloth, wampom, hattchetts and 
knives for thatt purpose, pressing him to say so an(J he should 
be free, and he would take vp, and cleare him of the treason 
' thatt was charged vpon him, and if he feared to say so because 
of Mr. Lamberton, he should not need to feare him, for he 
should pay him his wages before the vessell went, and he 
should chuse whether he would goe back, or stay w^h them, 
butt he answered, lett them them doe whatt they pleased wMi 
him, for he could nott say any such thing, and further he saith 

* At the meeting of the commissioners for the United Colonies, at Boston, in Sep- 
tember, 1648, Mr. Eaton and Mr. Gregson complained of the injuries the people of . 
New Haven had received from the Dutch and Sweeds both at Delaware Bay and else- 
where, and the commissioners instructed Winthrop to write Printz concerning tlie 
foul iiyuries offered by him to Mr. Lamberton and his company. They gave also a 
commission to Mr. Lamberton to go treat with the Sweedish governor about satisfac- 
tion, and to agree with him about settling their trade and plantation. Hazard, IL} 
11. Winthrop, U., 140. Brodheads N. Y., L, 882. 



[70] A Court held att Newhavs the 6* op 

September 1643. 

Marke Pearce, Witt Holt, Edward Camp, brother Potter, 
Hen. Lendall, Hen : Line, Theophilus Higginson and Mathew 
Row, for coming late the last trayning day, were fined each 
man one shilling. 

A Court held att Newhaven the 4'^ op 

October 1643. 

Rob* Hill, for neglect of his watch, was fined 5 sliillings. 

Robt. Lea, for want of armes, was fined 5«. 

Mighell Palmer, for the same, was fined S**. 

Rice. Edwards, for the same, was fined 6«. 

Luke Attkinson and John Vincent fined each 1« for late 

Itt is ordered thatt there shall be a gen'^^ muster, the next 
second day, w*h an exact veiw of all the armes, to see thatt 
none be defective in armes, shott and pouder, according to the 
order in thatt case. 

Nathan Burchall confessed, thatt he haveing lived some 
time in Mr. Newmans house, and thereby haveing acquan- 
tance w% the house and the wayes of itt, had divers temptar 
tions to steale something out of itt, and though he prayed 
against the temptatio, yett he was att last overcome by itt, 
and the last Lords day, in the time of the publique ordinan- 
ces, he went into the house and so into the chamber and clos- 
ett, where he found and tooke from thence to the valine of 13^ 
in mony, and to the value of 34« in other things. The pro- 
cesse respited till the next Court, and in the meane time he is 
to be kept in prison, or else lye in baile for his appearance att 
the next court. 


A Gen'H Coubt held att Newhatbn 

THE 14t^^ OP October 


Itt was ordered thatt 6 men shall forthw^h be seut from 
hence (to joyne w'h 8 of Connectecutt, to assist Vnkas 
against the Narragansett Indians, whom he expects shortly to 
warr vpon him,) and accordingly to be fitted and furnished 
w^h all necessaryes for such a voyage and enterprize.* 

[71] A Gen'" Court held att Newhaven the 2S^^ op 

October 1643 : 

Whereas this plantation att first w^h gen^^i and full consent 
laid their foundations thatt none butt members of aproved 
churches shoiild be accounted free burgesses, nor shoiild any 
else have any vote in any election, or power, or trust in order- 
ing of civill aflfayres, in w^h way we have constantly proceeded 
hitherto in our whole court, w^h much comfortable fruite 
through Gods blessing. And whereas Stamforde, Guilforde, 
Yennicock, have vpon the same foundations and ingagements 
entred into combination w'h vs, this Court was now informed, 
thatt of late there have bcene some meetings and treatyes 
betweene some of Milfordef and Mr. Eaton, about a combhia- 
tio, by w<^h it appeareth, thatt Milforde hath formerly taken hi 
as free burgesses, six planters who are nott in church fellow- 
shipp, w«^h hath bred some difficulty in the passages of this 

♦ The Commissioners of the United Colonies having, at their session at Boston, in 
September, decided npon delivering up Miantonimo to be put to death by Uncas, 
were apprehensive that the Narragansetts would seek to revenge his death. 

t " Vpon a motion made by the comissioners for New Haven jurisdiction, it was 
graunted and ordered that the towne of Mylford may be received into combinacon &. 
as a member of the jurisdiction of New Haven, if New Haven & Mylford agree vpon 
the tearmes and condicons among themselves." Rcc. U. Col. Sept 1648. Up to this 
time then, Milford seems to have remained a separate and independent colony. Hub- 
bard, Hist. N. E. p. 277, speaking of the settlement of GuUford and Milford, says that 
" every one stood so much for their liberty that every plantation almost intended a 
peculiar government of themselv^, if they could have brought it about, but those 
designs tended to the weakening of the country and hinderance of the [general good 
of the whole." See also Say. Winth. i, 806. Lambert, Hist GoL N. H. 62. 


treaty, butt, att present, itt stands tlius, the deputies for Mil- 
forde have offered, m the name both of the church and towne, 
first, thatt the p'sent six free burgesses who are nott church 
members, shall nott att any time hereafter be chosen, either 
deputyes, or into any publique trust for the combinatio. Sec- 
ondly, thatt they shall neither personaly, nor by proxi, vote 
att any time in the electio of magistrates. And, thirdly, thatt 
none shall be admitted freemen or free burgesses hereafter att 
Milforde, butt church members according to the practice of 
Newhaven. Thus farr they granted, butt in two perticulars 
they and their said six freemen desire liberty, first, y^ the said 
six freemen being already admitted by them, may continue to act 
in all proper perticular towne busines wherein the combinatio 
is nott interressed. And, secondly, thatt they may vote in the 
electio of deputyes to be sent to the Gcnerall Courts for the 
combinatio or jurisdictio, w^h deputyes so to be chosen & sent, 
shall allwayes be church members. 

The premises being seriously considered by the whole Court, 
the brethren did express themselves as one man, clearcly and 
fully, thatt in the foundations layde for civill governm* they 
have attended their light, and should have failed in their 
dutye had they done otherwise, and professed themselves care- 
full and resolved nott to shake the said groundworks by any 
[72] change for any respect, and ordered, || thatt this their 
vnderstanding of their way, and resolution to maintaine itt 
should be entred w'h their vote in this busines, as a lasting 
recorde. Butt nott foreseeing any danger in yeilding to Mil- 
forde w4i the forementioncd cautions, itt was, by gen'*^ con- 
sent and vote, ordered thatt the consociation proceed in all 
things according to the p'^miscs. 

A Gen'"!! Court op Elections held . 
ATT Newhaven for this Jurisdictio 
THE 26^*> op October 1643. 

Captaine Turner and Mr. Lamberton were chosen Deputyes 
for the Court of combinatio. 


Mr. Eaton was chosen Governo' for this yeare ensuing. 

Mr. Goodyeare was chosen Deputy Governo'. 

Mr. Gregson chosen Magistrate for this towne. 

Mr. Fowler and Goodman Tapp were chosen Magistrates for 
Milforde for this ensueing yeare, & Mr. Rayner for Stamforde. 

Mr. Leete and Mr. Disbrough were chosen Deputyes for 
Guilforde this yeare ensueing. 

Thomas Fugill was chosen Secretary for the whole combi- 
natio or jurisdictio for this ensueing yeare. 

Thomas Kimberley was chosen Marshall fortius whole juris- 
dictio, for this ensueing yeare. 

[78] A Gen'J* Court held att Newhaven for the 
Jurisdictio the 27**> of October 1643. 


Magistrates, Deputyes, 

The6philus Eaton, Gouerno', George Lamberton^Newhaven 
Stephen Goodyear, Deputy, John Astwood ) ' ^ 

Thomas Gregson, John Shu-man \ ^ ^^™r^^- * 

William Fowler, WiH: Leete ) 

Edward Tapp, Sam : Disbrough \ ^^^^^^r^c- 

Rich: Gildersleeve ) V Stam-/ 
John Whitmore ) forde. 

Itt was agreed and concluded as a foundamentall order nott 
to be disputed or questioned hereafter, thatt none shall be 
admitted to be free burgesses in any of the plantations w^hin 
this jurisdictio for the future, butt such planters as are mem- 
bers of some or other of the approved churches in New Eng- 
land, nor shall any butt such free burgesses have any vote in 
any electio, (the six present freemen att Milforde enjoying the 
liberty w^h the cautions agreed,) nor shall any power or trust 
in the ordering of any civill aflfayres, be att any time putt into 
the hands of any other then such church members, though as 
free planters, all have right to their inherritance & to comerce, 
according to such grants, orders and lawes as shall be made 
concerning the same. 


2 All such free burgesses shall have power in each towne or 
plantation w^hin this jurisdictio to chuse fitt and able men, 
from amongst themselves, being church members as before, to 
be the ordinary judges, to heare and determine all inferio' 
causes, w*her civill or criminall, provided thatt no civill cause 
to be tryed in any of these plantatio Courts in value exceed 
20^, and thatt the punishment in such criminalls, according to 
the minde of God, revealed in his word, touching such oflfen- 
ces, doe nott exceed stocking and whipping, or if the fine be 
pecuniary, thatt itt exceed nott five pounds. In w<^li Court 
the magistrate or magistrates, if any be chosen by the free 
burgesses of the jurisdictio for thatt plantatio, shall sitt and 
assist w^h due respect to their place, and sentence shall pass 
according to the vote of the major part of each such Court, 
onely if the partyes, or any of them, be nott satisfyed w*h the 
justice of such sentences or executions, appeales or com- 
plaints may be made from and against these Courts to the 
Court of Magistrates for the whole jurisdiction 
[74] II 3. All such free burgesses tlirough the whole jurisdic- 
tio, shall have vote in the electid of all magistrates, whether 
Governor Deputy Governo"", or other magistrates, w^h a Treas- 
urer, a Secretary and a Marshall, &c. for the jurisdictio. And 
for the ease of those free burgesses, especially in the more 
remote plantatids, they may by proxi vote in these elections, 
though absent, their votes being sealed vp in the p''scncc of the 
free burgesses themselves, thatt their severall liberty es may be 
preserved, and their votes directed according to their owne 
perticular light, and these free burgesses may, att every elec- 
tio, chuse so many magistrates for each plantatio, as the weight 
of aflfayres may require, and as they shall finde fitt men for 
thatt trust. Butt it is provided and agreed, thatt no plantatio 
shall att any elcctio be left destitute of a magistrate if they 
desire one to be chosen out of those in church fcUowshipp w'h 

4. All the magistrates for the whole jurisdiction shall meete 
twice a yeare att Newhaven, namely, the Munday imediately 
before the sitting of the two fixed Generall Courts hereafter 
menconed, to keep a Court called the Court of Magistrates, 



for the tryall of weighty and capitall cases, whether civill or 
criminall, above those lymitted to the ordinary judges in the 
perticular plantations, and to receive and try all appeales 
brought vnto them from the aforesaid Plantation Courts, and 
to call all the inhabitants, whether ifree burgesses, free plant- 
ers or others, to account for the breach of any lawes estalv 
lished, and for other misdemeanours, and to censure them 
according to the quallity of the offence, in vr^h meetings of 
magistrates, less then fewer shall nott be accounted a Court, 
nor shall they carry on any busines as a Court, butt itt is ex- 
pected and required, thatt all the magistrates in this jurisdic- 
tio doe constantly attend the publique service att the times 
before menconed, & if any of them be absent att one of the 
clock in the afternoone on Munday aforesaid, when the court 
shall sitt, or if any of them depart y« towne w^hout leave, 
while the court sitts, he or they shall pay for any such default, 
twenty shillings fine, vnless some providence of God occasio 
the same, w<^h the Court of Magistrates shall judge oflF from 
time to time, and all sentences in this court shall pass by the 
vote of the major part of magistrates therein, butt from this 
Court of Magistrates, appeales and complaints may be made 
and brought to the Gcn*^*^ Court as the last and highest for 
this jurisdictio ; butt in all appeales or complants from, or to, 
what court soever, due costs and damages shall be payd by him 
or them thatt make appcale or complaint w^hout just cause. 

5. Besides the Plantatio Courts and Court of Magistrates, 
their shall be a Gon^^^ Co"^* for the Jurisdictio, w<^h shall con- 
sist of the Governo', Deputy Governc and all the Magistrates 
w^hin the Jurisdictio, and two Deputyes for every plantatio in 
the Jurisdictio, w^h Deputyes shall from time to time be chosen 
against the approach of any such Gen'^i Court, by the aforesaid 
free burgesses, and sent w^h due certiflScate to assist in the 
same, all w^h, both Governo' and Deputy Governor Magis- 
[75] trates and Deputyes, shall have their vote || in the said 
Court. This Gen'^i Court shall alwaycs sitt att Ncwhaven, 
(vnless vpon weighty occasions the Gen'^^ Court see cause for 
a time to sitt elsewhere,) and shall assemble twice every yearc, 
namely, the first Wednesday in Aprill, & the last Wednesday 



in October, in the later of w^h Courts, the Governo', the Dep- 
uty Governo"^ and all the magistrates for the whole jurisdictio 
w^h a Treasurer, a Secretary and Marshall, shall yearely be 
chosen by all the free burgesses before menconed, besides w^h 
two fixed courts, the Governor, or in his absence, the Deputy 
Governo*", shall have power to summon a Gen'*^ Court att any 
other time, as the vrgent and extraordinary occasions of the 
jurisdictio may require, and att all Gen"^^* Courts, whether 
ordinary or extraordinary, the Governo' and Deputy Gov- 
erno"", and all the rest of the magistrates for the jurisdictio, 
w*h the Deputyes for the severall plantation, shall sitt together, 
till the affayres of the jurisdiction be dispatched or may safely 
be respited, and if any of the said magistrates or Deputyes 
shall either be absent att the first sitting of the said Gen'^i 
Court, (vnless some providence of God hinder, w^h the said 
Court shall judge of,) or depart, or absent themselves disor- 
derly before the Court be finished, he or they shall each of 
them pay twenty shillings fine, w*h due consideratio" of fur- 
ther aggravations if there shall be cause ; w*^h Gen^^^ Court 
shall, w^h all care and dilligence provide for the maintenance 
of the purity of religion, and shall suppress the contrary, ac- 
cording to their best light from the worde of God, and all 
wholsomc and sovnd advice w*^h shall be given by the elders 
and churches in the jurisdictio, so farr as may concerne their 
civill power to dealc therein. 

Seconly, they shall have power to mak and repeale lawes, 
and, while they are in force, to require execution of them in 
all the severall plantations. 

Tliirdly, to impose an oath vpon all the magistrates, for the 
faithfuU discharge of the trust comitted to them, according to 
their best abilityes, and to call them to account for the breach 
of any lawes established, or for other misdemcano'^s, and to 
censure them, as the quallity of the offence shall require. 

Fowerthly, to impose and oath of fidelity and due subjectio 
to the lawes vpon all the free burgesses, free planters, and 
other inhabitants w'hin the whole jurisdictio. 

51y to settle and leivie rates and contributions vpon all the 
severall plantations, for the publique service of the jurisdictio. 


61y, to heare and determine all causes, whether civill or 
criminall, w*^h by appeale or complaint shall be orderly 
brought vnto them from any of the other Courts, or from any 
of the other plantation, In all w^h, w^h whatsoever else shall 
fall w^hin their cognisance or judicature, they shall proceed 
according to the scriptures, w^h is the rule of all rightous 
lawes and sentences, and nothing shall pass as an act of the 
Gten'f*^ Court butt by the consent of the majc^ part of magis- 
trates, and the greater part of Deputyes. 

These gen^ii" being thus layd and settled, though w*h pur- 
pose thatt the scircumstantialls, such as the valine of causes 
to be tryed in the Plantation Coui*ts, the ordinary and fixed 
times of meetings, both for the Gen'^* Courts, and courts of 
magistrates, how oft and when they shall sitt, w*h the fines 
for absence or default, be hereafter considered oflF, continued 
or altered, as may best and most advance the course of justice, 
and best sute the occasions of the plantations, the Court pro- 
ceeded to p'sent perticular busines of the jurisdiction. 
[76] II Vpon a proposition and request made by Captainc 
Vnderhill and Mr. AUerton by instructions from the Dutch 
Governour and some of the freemen of thatt jurisdictio, for the 
raising of one hundred souldiers out of these plantations of 
the English, and armed and victualled, to be led forth by Cap- 
taine Vnderhill against the Indians now in hostility against 
the Dutch, to be payd by bills of exchaing into Holland. 

The Court seriously considerd the propositions w4i the con- 
squences thereof, and though they were affected w'h a due 
sence of so much Christian blood, both Dutch and English 
vnder the Dutch govemmS lately shed by the Indians, yett 
nott clearely vnderstanding the rise and cause of the warr, 
and well remembring the articles of confoederatio betwixt 
themselves and y*^ rest of the vnited coUonyes in New England 
in the case of warr, they did nott see att present how they 
might aflforde the ayd propoimded w^hout a meeting and con- 
sent of the comissioners for the rest of the jurisdictions. Butt 
if peace be nott settled this winter, so soone as the comission'^s 
may meet in the spring, both the ground of the warr, and the 
ayd or assistance desired, may be taken into due consideratio. 


and if, in the meane time, there be want of corne for men and 
foode for cattell in supply of what the Indians have distroyed, 
these plantations will afforde whatt help they may. 

The Court nott thinking itt meete to aflForde thatt ayd of 
souldiers to the Dutch, nor to send Captaine Vndcrhill to lead 
their men against the Indians w'hout the consent of y® comis- 
sioners for the collonyes as is before expressed, a motion and 
request was made by Captaine Vnderhill thatt twenty pounds 
might be lent him to supply his present occasions, w^h 20* shall 
be repayed by the towne of Stamforde out of the sallary they 
have ingaged themselves to allow him yearely, the one halfe in 
March come twelve moneths, the other halfe the next ensueing 
March, w*^h will be An° 1645. W<^h being duely considered, 
itt was ordered, thatt if the lending of this 20* may be a 
meanes to settle the captaine, and if they conceive his settlem* 
may tend to their comfort and security, and if the towne of 
Stamforde will see the said su duely repayd att the times 
above menconed, the jurisdictio is willing to lend the said 
sum to prevent the snares of larger offers for his remove. 

The court considering thatt by the articles of confoedcratio 
the comission^s for the scverall jurisdictions may be called to 
mcete extraordinarily vpon the vrgent affayres of the collonyes, 
and thatt perhaps, wUi such short warning thatt there may 
nott be time to call a GenrH Court from the remote planta- 
tions, they did thinkc itt needful! now to puidc accordingly, 
and by gcn»"** consent and vote, Mr. Eaton, Govcrno'^,and Mr. 
Gregson, Magistrate, were chosen comission''s for this jurisdic- 
tion for the meeting at Hartfordc in September next, wUi full 
power to treate and determine, according to the forme ordered 
by the comissioncrs att their last meeting. And in case either 
of them should be sick, or by any other providence of God 
hindred from the journay and service, Mr. Malbon is by full 
consent and vote chosen and ordered to supply in thatt case. 
Butt if a meeting should be sumoncd before thatt time w*^h 
might occasion a farther journay, Mr. Goodyeare, Deputy 
Gouerno% and Mr. Gregson were chosen comission»"s, w^h like 
full power for the service of this jurisdictio. And if either of 
them, by any providence, be disabled or hindred from the said 


journay, Mr. Malbon was chosen comission' w^h full power to 
supply thatt place. 

[77] II The Court considering thatt some charges have beene 
already expended for the jurisdictio in the journayes made for 
the settling a combinatio and service of the jurisdictio, and 
thatt 6 souldiers being now sent forth to joyne wUi 8 from 
Hartforde for Vncus defence against the assults w^h may be 
made vpon liim by the Narragansett Indians for Meantonimoes 
death, w^h, w^h the shallop attending them, will be a further 
charge to the jurisdictio. And lastly, considering the loane of 
this twenty pounds to Captaine Vnderliill, if Stamforde im- 
brace the proposition, as is before exprest, they thought, and 
by gen'ii consent and vote itt was ordered, thatt a farther 
stock be raised, ajid forthw^i payd into the treasurer att New- 
haven by the severall plantations in this jurisdiction, namely, 
five pounds for Guilforde, and five pounds by Stamforde, and 
thatt Milforde pay ten pounds to equall Guilforde or Stam- 
forde who have allready beene assessed each of them five 
pounds towards the foremenconed charges, besides the present 
leavy, and thatt Newhavon beare their proportionable share, 
itt being by gen'"^* consent and vote of this Court ordered and 
concluded, thatt all the charges for this jurisdictio, botli for 
the p^'sent and hereafter, be borne by the givS proportions of 
males w*^h from time to time shall be found in them from 16 
to sixty yeares olde, as in the articles of combinatio is agreed 
for the jurisdiction, of w^h stock, both received and expended, 
the treasurer shall from yeare to yeare give accoimt to tliis 
Gen'^^* Court vpon demaund, thatt itt may appeare thatt all 
disbursements are for the publique service of this jurisdictio, 
and thatt no plantation be charged above their just proportio. 
Two letters being now read in court from the magistrate* of 
Stamforde, the former being dated the 18^^, the latter the 28t'» 
p^'sent. Itt appeared by the form"^ thatt the justice of tlie 
Court of Stamforde hath beene charged by the ma*"! of an In- 
dian captive, for thatt the said captive was sensured to be pul>- 
liquely whipped for publique misdemeanours, the ma' telling 
the magistrate before witncsse, itt was neither honesty nor 
justice so to proceed, he haveing corrected the boy att home, 

* In the margin, " 2 letters fro Mr. Bayner." t Bichard Crab, pott [88.] 


wherevpon the Court did neither think famyly correctio suffi- 
cient for such publique offences, nor thatt such affronts to 
magistracie should either be evaded by sleight interpretations, 
nor passed by w'h some private acknowledgment, Ordered, 
that the ma"" of the said captive boy be bound oucr to the 
Court of magistrates w<^h will be held att Newhaven on Mun- 
day the first of Aprill next, to answer his miscarryage. 

In the second letter from Stamforde, the magistrate suppo- 
sing, in respect of the many in-juries from the Indians receiv- 
ed, they have cause to begin a warr vpon them, and they sitt 
still for want of a concurrence of the rest of the jurisdictio, 
expreseth their apprehensio, thatt if their houses should bo 
fired, &c. the jurisdictio should bcare the burden, w^h the 
whole Court marvilled att, conceiving thatt the councell given 
Stamforde in the case was most safe for themselves to take, 
and considering the ingagem* wherein this jurisdictio standeth 
to the rest of the coUonyes, absolutely necessary for vs to give, 
and thatt no man would be forewarde to give advice if there- 
fore he must beare the afflicting providences of God w<^h may 

[78] A Gen'^11 Court helde att Newhaven the 30^'^ op 
October, 1643, for this Plantatio. 

Mr. Malbon, Mr. Lamberton, Mr. Evance and Mr. Wake- 
man were chosen deputyes of this plantatio, and Mr. Malbon 
continued Treasurer for this yeare. 

Tho: Fugill chosen Secretary, and Tho: Kimberley chosen 

Itt was ordered thatt one of the squadrons in their course 
shall come to the meetings every Saboth compleatly armed, 
fitt for service, w^h att the least 6 charges of shott and pouder, 
and ])c ready att the meeting house, wUiin halfe an hower after 
the first beating ef the drum, then and there to be att the 
comaund of the officers in such service as they are appoynted 
to attend vnto on those dayes, vnder such penalty as the court 
shall judge meet, according to the nature of their offence ; allso 
the sentinell and those thatt walke the round shall have their 
matches lighted dureing the time of the meeting, if they have 
match locks. 


A Court held att Newhaven the 1* op November, 1643. 

Robert Lea, for comeing to traying' w^h^his gun charged 
w^h shott, contrary to order, and carelessly discharging itt 
against Mr. Gregs6 his house, to the great danger of the lives 
of divers persons, vrho vrere in. the chamber vrhen the shott 
came through the window, was fined 20* to the towne, and to 
repaire the window w*^h was broken by the said shott. 

The difference about the neck bridg was respited to another 
Court, onely itt was ordered, thatt those who did the worke 
are to repair itt for the p^sent, and to have three pounds for 
the doeing of itt, provided thatt they doe itt well and substan- 
tially, and for that end brother Andrewes is to oversee and 
direct the work while itt is a doeing, and when itt is finished 
the comittee formerly appoynted to veiw, are to veiw itt againe, 
to see thatt itt be done according to the intent of this order. 

Itt was ordered thatt brother Andrewes shall take care thatt 
three or fewer lighter loades of stones be layd by the bridge, 
to breake the force of the water from itt. 

Whereas Nathan Burchall hath beene formerly convicted 
in this Court, for stealing out of Mr. Rob* Newmans house 
on the Lord's day, in mony the sum of thirteene pounds, and 
other things to the vallue of 1* 14«, itt was ordered thatt he 
should make double restitutio for the said severall sum", and 
have some corporall punishment for the aggravations of his 

Allen Ball is ordered to have 2« 2^ of the goods of Law- 
rence Watts. 

[79] A Gen'^i Court held att Newhaven the 13*^ of 

November, 1643. 

Itt was ordered thatt all those thatt will pay their rates in 
Indian corne shall pay itt att 2» 4<* ^ bushell, good marchant- 
able^orne, and thatt every man pay his rates, (w^h are now 
due,) forthw'h, either in Indian corne as itt is now ordered, 
or in wampom, or in cattell as they shall be justly prized by 
indifferent men, to such persons as the treasurer shall assigne 


to receive the same w^bout any delay, or putting the treasurer 
to further trouble. 

Itt was ordered thatt every famyly w^bbi this plantatio shall 
have a coate of cotton woole, well and substantially made, so 
as itt may be fitt for service, and that in convenient time the 
taylours see itt be done. 

Itt is ordered thatt the great guns shall be forthw'h fitted 
for service, and Mr. Lamberton and Mr. Rudderforde are de- 
sired to see itt done. 

Itt was ordered thatt every chimney in the towne in w<^h 
fire is constantly kept, shall be swept once every moneth from 
Septmber till March, and once every 2 moneths in sum', 
w«h worke Goodman Cooper hath vndertaken to doe, and is 
to have 4^ a peece for ^very chimney thatt is two storyes 
high and vpward, and 2^ a peece for all thatt are vnder 
2 storyes high, to be duely payd him by all those thatt agree 
w*h him, butt if any will doe itt themselves, and Goodman 
Cooper come after the time lymitted and finde them not done 
or not well done, he is to doe itt well, and to have double pay 
of those whose neglect itt is, and if he shall neglect to doe 
those, according to the intent of this order, w^h he vnder- 
takes, he is to pay double pay for his neglect. 

Att a Court held att Newhaven the 6th of 

December, 1643. 

Goodma Chapman, brother Davis, John Thomas, Sam: 
Hoskins, brother NichoUs, Job Charles, Thomas Barnes and 
Thomas Wheeler were fined 5" apeece for want of ladders. 

Brother Thorpe, for comeing late to sett his watch, and 
neglecting to order itt aright when he did come, was fined 10* . 

Jerimy Whitnell for nott keeping a sentinell forth, and 
suffering att least some of his watchmen to sleepe, was 
fined 5». 

Whereas John Tompsou required satisfactio for some dam- 
age done to his corne by the hoggs of Mr. Eaton, Mr. Malbon 
and Mr. Lamberton, itt was ordered, that he should have sat- 



isfactio made by those (whose fence vpon veiw shall be found 
defective) according to every mans proportio, w<^h shall be 
judged by indifferent men. John Chapman, Thomas Kim- 
berley & Witt Preston are desired to goe w'h John Tompso to 
veiw and judge accordingly. 

Whereas Tho: Mouleno*' desired thatt some other should 
have the hearing of the difference betweene himselfe and this 
plantatio for his disorderly proceedings at Totokett, itt was 
ordered, thatt he shall have 6 moneths time to bring his arbi- 
trate'" whom he shall chuse, (provided they be godly wise) 
w^h if he shall not doe w^hin the said tearme, he shall submitt 
to the judgment of this Court, w^h condico he accepted. 

[80] Att a Court held att Newhavbn the 

4*h op January, 1643. 

Isaack Whitehead, Witt Mecar, Thomas Powell, Tymothy 
Forde, Goodma Hitchcock, Rich : Webb, Pillipp Leake, bro : 
Elsey, Jonathan Marsh, Ric<* Beach, John Lawrenson, Rob^ 
Emery, Witt lies. Hen : Gibbons, Tho Robinso, Nicholas Gen- 
nings, Tho: Yale, John Hill, bro Lamson, fined each !» for 
late coming to trayne. And Rich : Newman, John Beach, and 
James Stewart fined each man 2* for twice late coming. 

Richard Newman, Peter Browne, Witt Potter, John Beach, 
Goodma Ward, John Benham, Isaack Whitehead, Rob^ Leay, 
Tho Blakeley, John Medcalfe, bro Lamson, fined each man 
2" for defect, guns. Witt Bladen, Rich: Spery, Hen: Glover 
and John Thomas for defect in their cocks fined each man, 1*. 

Richard Newman and Witt Potter & Isaack Whitehead fined 
6 pence a peece for want of shott. Witt Mecar fined l" for 
want of shott and pouder, & Edward Chipperfield allso. 

John Hunter, Witt Mecar and Witt Blayden fined each 
man !•» for defect, sworde. 

John Hill, Edward Hitchcock and Amrose Sutton, fined 
each man G<* for want of flints, & Rich : Lowell 6^ for want 
of match. 


John Hill & Edward Chipperfield, for want of worme and 
skourer, each 6^. 

Jolin Wolforde, defect, rest, fined 6^. 

Joh: Griffin, Jonathan Rud, WiH Wooden, Tlio: Toby, 
Roger Elnap, Sam: Hoskins, Edward Parker and Lanclott 
Fuller, fined each ma 3« 4<* for totall defect in armes. 

Johnathan Marsh, Edmond Towly, fined each man 2-6 for 
totall absence, & James Stewart and Math : Growder, each 
man 5» for twice totall absence. 

Mathew Hitchcock, fined 3» 4<i for a disorder in his watch. 

Whereas Thomas Blakeley suffered a sack w^h 3 bushells 
of meale of Mr. Lings, and a sack w^h one bushell of meale 
of Mr. Francis Newmans, w<^h he had the charge off, to be 
carryed to Long Hand, itt was ordered thatt he s^joll make 
good the said sacks and meale to the owners forthw^h, and he 
himselfe seeke satisfactio fro those who tooke the said sacks. 

And forasmuch as vpon this sentence of the Court, ho went 
forth in discontente, and, in the hearing of divers, he re- 
proached the Gourt, charging the Gourt w^h injustice, w^'h 
vpon examinatio appeared to be most falce, therevpon the 
Gourt ordered thatt the said Blakley shall pay 20" fine and be 
comitted dureing the magistrates pleasure. 

Att a Gourt held att Newhaven the 8^ op February, 


Whereas an attatchme^ hath beene granted against Francis 
Smyth to Thomas Blackley, for a debt of 17^ w^h the said 
Francis Smyth received of the said Blackley, as appeares by 
the testimony of Lawrence Warde, and forasmuch as the sum 
of 13" rests in the hands of Sam: Whitehead w^h belongs to 
the said Francis Smyth, itt was therefore ordered thatt the 
said 13" shall be detained on the behalfe of the said Blackley. 

Francis Ghurch desired the justice of the Gourt agst 
Thomas Mouleno' (for a debt of 2* 2" wUi damages for 3 
yeares forbeareance,) on the behalfe of Thomas Whiteway, 
w<^h debt the said Mouleno'^ did confess to be due to the said 


Thomas, and did referred himselfe to jiidgm^ of the Court, 
aiul therevpo it was ordered thatt the principall, w*h 12» dam- 
ages, sliall be forthwUi payd to the said Ghureh by the said 

[81] ||Itt was ordered, thatt 1* 2* of James Nortons in the 
liands of Thomas Blackley shall be attatehed ou the behalfe 
of the Dellaware Company. 

Itt was ordered, thatt Thomas French beare halfe of all the 
losse w^h was layd vpon Thomas Blackley, the last Court, 
concerning the 2 sacks of meale w<^h was carryed to Long 
llaud, because he was a cause of the mistake in the sacks. 

Mr. Cheevers desired 4 — 3 — 6 out of the estate of Mr. 
Trobridge, w^h is justly due to him for teaching y« children. 

Richard Beach hath ingaged his house and lott to secure a 
former agreem^ in reference to the children of Andrew Hull, 
late deceased. 

A difference betweene Rob* Ceeley and John Mason was 
referred to Mr. Oregson and Mr Malbon to determine. 

A Court held the 7*^» op March, 


Mr. Stiles of Conectecutt desired^the justice of the Court 
against Geo. Larrymo*" concerning a debt of 10^, the remain- 
der of a debt of 25» w*^h the said George was to pay for a 
servant, (by name Geo: Chappell,) w^h he bought of the said 
Mr. Styles, w^h was tcstifyed on his behalfe by the said Geo : 
Chappell vpon oath as apeares vnder the hand of Mr. Swaine, 
a magistrate att Connectecut, before whomo he was sworne, 
and confessed by the said (Jeo: Larrymo' himselfe, onely he 
aleadged thatt he was nott to pay the said 10^ vnlesse the said 
Georg Chappell did serve out his time, butt the said Geo : 
Larrymo"" did sell his time; therefore the Court ordered, 
thatt the said Geo : should pay the said 10* to the said Mr. 
Stiles w^hout delay. 

Rich : Mansfield demaunded a debt of 40« of Hen : Gibbons, 
w^h the said Hen : promised to pay w^hin a moneth, onely 


desired to have 20* of itt abated for lodging and fire wood for 
a whole winter in his cellar, w^h was thought reasonable, and 
Rich: Mansfield ordered to allow itt. 

Math: Hitchcock, for a willfull neglect to walke the round 
when the officers called him, was fined 5». 

James Haward, Joh: Tompson, Witt Bassett, Anthony 
Tompson, David Evance, Samu^ll Willson and Sam : Hoskins^ 
fined each ma 6^ for foole gun/. 
• Tho: Yale and Jonathan M&rsh for the same, 6<^ a peece. 

Rich : Perry and his 2 mei^ Will Gibbard, and James Stew- 
art & Witt Ball, for late consing fined each ma 1«. 

Roger Ejiap, defect, all except a gun, fined 5". 

Bro. Lamson defect, gun fined 4". 

Theo: Higginson, James Stewart and James Haward defect, 
belt, fined 6*». 

Itt was ordered, thatt the treasurer shall pay 1» to bro: 
Mosse w«h he layd downe for Ooodma PauU. 

Mr. Eatons 3 men, Theo: Higingson and his man, for com- 
ing w^hout armes on the Lords day, fined each ma 2«. 

Math Growder, Thomas Gaffins, Theo: Higginson, James 
Stewart, Tho: Meaks, Isaack Whitehead, Math: Row, Rich 
Mansfield, Tho: lies, Lawrence Warde, Joh: Hill, John Coop- 
er, Jarvice Boykin, & Mr. Eatons 3 men, fined each man 6<*, 
for late comming to the meeting w^h their armes Feb : 18, 1643. 

[82] Att a Gen^J^ Gourt held att Newhaven 

THE 25^ *» OP March, 

Mr. Malbon & Gaptaine Turner chosen Deputyes for this 
towne agst the Gen*"*! Gourt for the jurisdictio. 

Mr. Malbon, Mr. Evance, Mr. Lambcrton and Mr. Wakema 
chosen Deputyes for this halfe yeare next ensueing. 

A comittee was appoynted to consider of the springs, high- 
wayes and fences in questio about the neck, thatt itt might be 
fenced in for a pasture, wherevpon a questi6 was raised by 
bro: Gibbard, w'her they might not fence in their quarter 


v^h the spring w«h is w*hin the bounds for their land there, 
^h, after some debate, itt was resolved they might nott, be- 
cause their was an order 7* none should fence the springs hi 
he neck fr6 the comO when it is layd for a pasture, and 
to they rested satisfied. 

Mr. Malbon, Mr. Gilbert, Mr. Francis Newma and Joshuah 
Ittwater were chosen comittee for the premises. 

Mr. Malbon vndertooke to see the neck fenced forthw^h, 
ind those who have land their are to pay the charg, accord- 
ng to their proporti5, w^hin 20 dayes after the account is 
pven to them, or else they shall loose the feed of their land 
or 2 yeares next ensueing the datp hereof. 

Itt was ordered thatt every quarter shall appoynt comittees 
or their quarters to veiw the outside fences, and where they 
inde defects to lett the owners know ; and if they doe nott 
see itt mended vpon notice so given, if cattell breako in, 
[hough it canott certainely be found where they gott in, yett 
Qiey must beare the damage whose fence was found defective 
md nott mended. 

Itt was ordered thatt they to whome the affayres of the 
owne is intrusted shall dispose of Totokett according as in 
leir wisdome they see cause. 

Itt was ordered thatt the 2^ drume shall be the period of 

e souldiers coming on the Lords day. 

Itt was ordered thatt Stephen the drum' shall have 5^ payd 

irely out of tlie treasury while he continues drum'. 

Tpon a propositio made by those who have the small lotts, 

tt they may have the Bever meadowes granted to tliem by 

Gen'i* Court, itt was ordered, thatt Mr. Wakeman, Mr. 

bard, Goodma Gibbs and Mr. Pearce shall veiw the said 

dowes and certifie the Court if they conceive it may nott 

iconvenient for the towne to part w*h itt. 


[83] {_Att a Court of Magistrates held att Newhaven] 


^Theophilus Eaton Gou»^no', Stephen Goodyeare, 
Dep^7 Gou'^no% & Thomas Gregson, Magistrate 
Present,-^ for New Haven. 

Wia Fowler & Edmond Tappe for Milforde. 
>^Thirston Rayner for Stamforde. 

Thomas Stevenson and Georg Slowson of Stamforde, being 
appoyntcd in their course to watch the Dutchman who mur- 
dered Captaine Pattricke,* (he being kept prison*^ in the house 
of Captaine Vnderhill fix)m whence he made an escape 
through their negligence,) were charged w*h the said escape. 

Tho : Stevenson said thatt they were carefull to discharge 
the trust comitted to them, according to the best of their 
vnderstandimg, butt Captaine Vnderhill perswaded them to 
lett him goe to bed in a chamber and tolde them thatt if they 
did butt lock the dore of the chamber wherein the prisoner 
lay, they might sitt by the fire in the lower roome att the 
foote of the staires, w*^h the did and had no company butt the 
captaine and his wife who stayed nott long w'h them before 
they departed to their lodguig, and about 2 or 3 howers after, 
they missed the prison*', and then the called vpthe magistrate. 

George Slowson saith, thatt he questioning about the safety 
of the window of the chamber where the prisoner lay, the 
captaines wifef showed some dislike of itt, and said what adoe 
is here, yet the said Geo : rested not there, butt spake to the 
Captaine himselfe, who said thatt he had spoken w^h the pris- 

* Capt Daniel Patrick had been a common soldier of the Princess guard in Hol- 
land, was admitted freeman in Watertown, Mass., May 18, 1631, and chosen captain 
March 9, 1636-7. He grew, says Winthrop, proud and vicious, and perceiving that 
his evil courses would not be endured in the Bay, he removed to within twenty miles 
of the Dutch and put himself under their protection, and when the Indians arose in 
those parts he fled to Stamford. He was killed in Capt. Underbill's house, on a Sun- 
day afternoon during the time of afternoon exercise. " The Dutchman had charged 
him with treachery for causing 120 men to come to him upon his promise to direct 
them to the Indians, etc., but deluded them. Whereupon the captain gave him ill 
language and spit in his face, and turning to go out, the Dutchman shot him behind 
in the head, so he fell down dead, and never spake."— Mass. Records i., Sav. 
Winth. ii., 151. 

t It will be remembered that Captain Underiiill*s wife was a Dutch woman. 


oner to know if he had no temptatid to escape, who answered 
yea, butt alas, said he, whither can I goe, I had rather dye 
vnder the hands of a christian magistrate then Tnder the 
hands of the Indians, and thcrevpon the said George rested 
more secure, he further saith, thatt when the messengers came 
from Newhaven, the captaine said to them, now looke to the 
prisoner yo' selves for I will take chaise of him no longer now 
that Newhaven men are come. 

They both alleadge and stedfastly afi&rme, thatt they had 
no perticular directio how to order their watch, butt onely a 
gen'^i charge w^h was given att first to the watchmen, namely, 
watch the prisoner, and thatt itt was meere ignorance w^li was 
the cause of this miscarryage. Butt because the magistrate 
affirmeth thatt he gave a new and more strict charge thatt 
nigiht (vpon the coming of the messengers fr6 Newhaven,) 
then he had done formerly, and the watchmen deny thatt ever 
they heard of any other, so y^ the case seemes darke, and 
because the Governor intends to go to Stamforde shortly, the 
Court referred itt to him to examine and determine their, if he 
see cause, or else to referre itt to the next Court of magistrates 
and binde the partyes whom it concemes to answer the 
same then and tliere. 

Richard Crab of Stamforde was called to answer his mis- 
carryage m chargeing the Court at Stamforde w^h injustice 
and dishonesty, he said he did nott charge the court, butt 
said itt was his apprehensid, and thatt he had studdyed the 
case, butt professed he could not yett see light thatt itt is just 
to punish the boy twice for one fact, he said thatt the occasi6 
of the boys fact was because he was wont to borrow a gun of 
the man fro whom he tooke itt, and therefore thought he 
might make the more bolde to take itt att this time, butt att 
last seeing so cleare an evidence against him, he confessed he 
had failed in speakeing such words, and said he was vnder a 
temptatid, fearing thatt if liis boy were publiquely whipped, itt 
would cause him to run away, w^h would be a great losse to 
him and a greefe to his wife. The Court haveing heard all 
thatt he could say for himselfe, sensured him to pay 5* fine to 
Mr. Rayner the magistrate att Stamforde before the next 


court of magistrates, and allso to acknowledge his miscar- 

The 2^ op Aprill 1644. 

Whereas some cattell of the goods of Owen Row of London, 
marchant, have beene form^ ly attatched att the suite of Rich : 
Bellingham of Boston Esqr. (for a debt of 62* 10»,) who hath 
ordained Rich : Malbon of Newhaven his attournay to psecute 
the said attatchm^ and the said Mr. Malbon hath now desired 
the judgm* of this Court concerlng the saide debt, w<^h he 
cleared to the court to be due to the said Rich : Bellingham. 
And therevpon the court gave judgment for the said Mr. Bel- 
lingham, he haveing vndertaken, by a bill vnder his hand, to 
save this Court harmless fro all just molestations for the same. 

[84] A Gen['"] Court held att Newhaven [for the juris- 
diction THE 3d OP Aprill 1644. 


Magistrates, Deputyes. 

Theoph: Eaton, Governor \ Captaine Turner j pro 

Stephen Goodyeare, Depty, > t^^ , Rich : Malbon \ Newh : 
Thomas Gregson, ) Zack : Whitman j pro 

WiH Fowler ) John Astwood \ Milford 

Edmond Tapp } ^^^ Milforde ^yjjj Leetc & Jacob Sheath 
Tliirston Rayner for Stamfordc ^ Guilford 

Andrew Ward ) pro 
& Robt Coe ) Stamforde 

Itt was ordered thatt the fundamentall orders concerning the 
fixed Gen'"^^ Courts and Courts of Magistrates shall be a suffi- 
cient sumons to all the plantations w^hin this jurisdictio, and 
thatt they shall expect no other warning to prepare them for 
the same, and for thatt end the magistrate or mag^* of every 
plantatio shall call a meeting some convenient time before the 
said Gen*"^* Courts to chuse their deputyes who are to be sent 



w^h due ccrtifficates, and not to come w'hout as some now did, 
though the Court passed itt over att this time. 

This day a forme of an oath for the Governo' and magistrats 
to take, and another forme of an oath to be imposed upon 
all the inhabitants w*hin this jurisdiction was propounded to 
the consideratiO of the court, who, after some serious debate 
and consideratio," rested satisfyed w^h the said formes. And 
therevpon ordered, thatt itt should be forthw'h putt in execu- 
tio, and whereas the Governo*" doth shortly intend a journay 
to Stamforde on other occasions, the Court desired him to 
improve thatt opportunity, both att Stamforde and att Milford, 
for the giveing of the oath, and the like att Guilforde in time 
convenient. Itt was further ordered thatt no person or per- 
sons shall hereafter be admitted as an inhabitant in this juris- 
dictid or any of the plantations therein butt he or they shall 
take the said oath vpon his or their admittance. 

Itt was ordered, thatt there shall be two marketts or fayrs 
for cattell and other goods every yeare att Newhaven, (viz) 
one on the third Wednesday in May, the other the third 
Wednesday in September. 

Itt was ordered, thatt the Court att Stamford shall pro- 
ceed in all their conclusions and determinations as the rest of 
the plantations in this jurisdictiO doe, and as is ordered in the 
fundamentall orders of the last Gen'^^ Court for the jurisdic- 
tio, (viz) thatt the sentence of the Court be carryed by the 
vote of the majo' part of the Court. 

Itt was ordered, thatt whensoever any capitall oflFendo' 
shall be apprehended w'hin this jurisdictio, he shall be sent 
w^i all convenient speed to Newhaven, there to be kept in 
safe custody till he be brought to due tryall. 

Itt was ordered thatt the judiciall lawes of God, as they 
were delivered by Moses, and as they are a fence to the mor- 
rall law, bemg neither typicall nor ceremoniall, nor had any 
reference to Canaan, shall be accounted of morrall equity, 
and geni'lly binde all oflFendo", and be a rule to all the courts 
in this jurisdictio in their proceeding against offendo", till 
they be branched out into perticulars hereafter. 

Itt was ordered thatt in case any of the magistrates in tlie 


smaller plantatiO'' see need of help in some weighty causes or 
difficult knotty cases, vpon due notice and request to the 
Governo', provisiO shall be made accordingly. 
[85] ||Itt was ordered thatt for the njorc comfortable carry- 
ing on of the affayres att Guilforde till they have a magistrate 
their, the free burgesses may chuse among themselves fewer 
deputyes and forme a court. 

Itt is ordered thatt every male from 16 to 60 yeares olde 
w^hin tliis jurisdictio be furnished forthwUi, w'h a good gun, 
a sword, a pound of good ponder, 4 fathom of match for a 
matchlock, 5 or 6 good flints fitted for every fyre lock, and 4 
pound of pistoll bulletts, or 24 buUetts fitted for every gun, 
and so continue furnished from time to time, vnder the pen- 
alty of 10^ fine for every person found faulty or defective. 

Itt was further ordered, thatt the Captaine shall give order 
to the officers, that they take a strict veiw once every quarter 
of a yeare, thatt all the males from 16 to 60 be furnished as 
above, vnder the penalty of 40* fine, and if the officers shall 
neglect to doe itt att his appoyntment, their fine is 40" allso, 
to be leivyed att the discretion of the Court, and tliatt a 
retourn of the said veiw be made vnto the magistrate or 
Court, by the captaine or his clarkc att his appoyntm*, vnder 
the penalty of the fine aforesaid. Moreover, itt was ordered, 
thatt there shall be att least 6 trayuings every yeare in every 
plantation, & never above one of those 6 in a moneth, vnder 
the penalty of 5* fine, to be leivyed of tlie military officers for 
every default. Note tliatt in such plantations wliere there is 
no captaine for the present, there the cheefc officer is in stead 
of the captaine, and is to veiw vnder the penalty of the cap- 
taines fine. 

Itt is allso ordered, thatt throughout this jurisdictio, there 
shall be a comon stock of ponder and shott, according to the 
orders of y^ comissioners for the coUonyes,* (viz) a hundred 

* " The comissioners do think it fitt to aduise every general court that thejwwould 
see thatt every man may keepe by him a good gnn and sword, one pound of pouder 
with foure pounds of shott, with match or flints sutable, to be ready vpon allocations, 
and to be carefully viewed foure tymes a yeare at least. And that over and aboue 
this, euery generall court do see that they keep a stock of pouder, shott and match 
•ver by them. And it is conceived by the comissioners that one hundred pounds of 


pound of pouder and 400* of shott, (layde vp in every plan- 
tatio,) for every hundred men or males as aforesd, and so 
in proportio differently, vnder the penalty of 1" fine for every 
pound of pouder, and 20« for every hundred weight of shott 
w*^h shall be found wanting after 3 moneths next ensueing be 
expyred ; the fines for these defects are to be payd into the 
como wealths treasury. 

Itt was ordered, thatt a 4**> part of the trayned band in 
every plantatio shall come to the piiblique worP« of God att 
the beating of the 2^ drum att furthest, w^li their armes com- 
pleat, their guns ready charged, w*h their match for their 
matchlocks and flints ready fitted in their firelocks, & shott & 
pouder for att least 5 or 6 charges, (besides their charge in 
their guns,) vnder the penalty of 2« fine for neglect or defect 
in furniture, and 1" for late comeing, allso the sentinell, and . 
they who walke the roundo, shall have their matches lighted 
dureing the time of the meeting, if they vse match locks. 

Itt was ordered, thatt a strict watch shall be kept in all the 
plantatio* in this jurisdictio, from the first of March to tlie 
last of October every yeare ordinaryly, leaveing extraordinary 
cases to tlie Governor or Magists, to order as occasion may 
require, and in the ordinary course to be observed as foUow- 
eth ; The drum is to beate att the goeing downe of the su, all 
the watchmen to be there w'hin an hower after the setting of 
the sun, w'h tlieir armes compleate and guns charged, and att 
least 5 or 6 shotts of shott and pouder besides, for each of them, 
and if any of them come late, or be defective in their armes, 
they are to pay !« fine. If totally absent, S^ fine. The watch 
is to be sett w^hin an hower after the sunsett, and so is to con- 
tinue vntill itt be halfe an hower day light in the morning, in all 
w<^h time none are to sleepe. These fines are to be payd into 
the severall plantions treasury. 

poader and foure hundred pounds of shott, with match sntable, at tlie least, be pro- 
vided Xbr every hundred men thorow all the '^it«d Colonies of New England, and that 
the comissioners at each meeting report how the senerall jurisdiccons are furnished. 
* * * It is judged meete by the comissioners that there be trayneings at 
least six tymes euery yeare in each plantacon within the coufederacon." — Rec. U. 
Col. Sept 1648. Hazard ii, 9. 

. « 


Itt was ordered, thatt the Deputy Governo' shall give the 
Gk)verno' his oath. 

Itt was ordered thatt the Secretary shall have ^ 

sallary, and the marshall 3^ p anu . 

[86] A Court held att Newhaven the 5^*» 

OP Aprill 1644. 

John Dillingham, Jonathan Rudd, Edmond Tooly, John 
Massam, John Hurndell, Mr. Auger, Lanclott Fuller, Witt 
Wooden, Dauid Evance, for a drunken disorderly meeting at 
the prison on a Lords day att night, where they drunke 3 bot- 
tles of sack containing 3 quarts, and 2 quarts of strong water 
besides ; were fined every man, according to the quallity and 
aggravatio of his offence, as followeth, John Dillingham and 
Jonathan Rud were fined 20» apeece, being the authers prin- 
cipally, Edmond Toly 10^ for fetching the whie, and John 
Massam for fetching the strong liquor, fined 10% John Hurn- 
dell, Mr. Auger, and Witt Wooden, fined each man five ■, and 
Lanclott Fuller and David Evance fined each 3« 4^ apeece, 
because they were butt occasionally present w^h the rest. 

Itt was ordered thatt Sergeant Bcckley according to his 
desire, shall have liberty for this ycare to make a ware in the 
East River and thatt none shall take lil)erty to doe the like 
w^hout license of y^ court. 

Forasmuch as the whole estate of Thomas Trobridge of 
Newhaven is to be sc([uestrcd for the paym* of his debts, (he 
absenting himselfe, and takeing no course concering the same,) 
and his famyly to be disolvcd, Sergeant Geffrey and his wife 
being willing to take the children of the said Thomas Tro- 
bridge vpon tearmes as followeth, thatt he may have 20 bush- 
ells of come, a brass pott, and a bed for the children to lye 
vpon, the Court ordered thatt the children should be putt to 
the said Sergeant Jeffrey vpon the said tearmes; provided 
thatt in case their father shall come over, or send to take order 
concerning them, thatt then he will referr himselfe to the Court 
to judg and determine whatt is equall for him to have for the 


keeping of tliem, & in the meane time he will take care 
thatt they be well educated and nurtured in the feare of God. 

Att a Court holden the 1^ op May 1644. 

Bro : Pery, being ma' of a watch and willfully neglecting 
itt, was fined 40". 

Math Row, for sitting downe to sleep when he should have 
stood sentinell, was fined 5". 

Bro: Nicholls, bro: Gibbert, Rich: Web, Tho: Wheeler, 
Hen Lendall and Witt Bassett, fined each man 1" for late com- 
ing on the Lords day w^h their armes. 

[87] A Gen'" Court held att Newhaven the 25 op 

May 1644, about the Indians. 

A letter from Mr. Ludlow was read in Court wherein he 
intimated thatt whereas an Englishman hath been cruely 
murdered of late by the Indians, (as he was travilling betwixt 
Stamforde and Vnkaway,) he had caused 7 Indians to be 
apprehended, hopeing thereby to procure the murderers, butt 
the Indians riseing in great companyes about theire towne doe 
putt the inhabitants tliereoff in feare, and therefore he desired 
advice whatt to he should doe in the case. Wherevpon itt 
was ordered y^ advice should be given him to detaine the 
Indians prisoners, w^h intematid thatt if there be cause of 
help and they desire itt, men shall be sent vnto them vpon the 
retourne of the messengers, and for thatt end thatt 20 men 
shall be putt in readynes forthw%, and fitt to send if need be 
upon a short warning. 


A Qen'" Court held att Newhaven the 3 op June, 1644. 

A letter from Thirston Rayner, magistrate of Stamforde, 
being read in the court, itt appeares, thatt a woma of thatt 
towne hath of late beene cruelly wounded if nott murdered by 
an Indian,* so thatt itt is thought thatt the Indians being so 
bolde and insolent are misceivously bent to begin a warr 
against the English, therefore, itt was ordered, thatt a speedy 
course be taken to finde out the murderer, and thatt the Grov- 
erno"^, magistrates and deputyes, w^h the captaine and leive- 
tennant as a councell of warr, shall order all the martiall 
afFayres in this jurisdiction vntill the next court of electio. 

Att a Court held att Newhaven 5*^ op June, 1644. 

John Chapman being ma'^ of a watch and neglecting itt, was 
fined 10". 

Mr. Gilberts man, being absent att his watch, was fined 5". 

George Larrymo', for neglecting his watch, fined 2» 6<*. 

Theophilus Higginson was complained off for keeping a dog 
w^h hath trespassed divers of his neighbours, and he hath 
becne tolde of itt. 

A will and inventory of John Owens delivered into the court 
by John Hall, his executo^ 

Itt was ordered thatt George Pardy shall dwell w^h Francis 
Broone as his apprentice, for the tearmc of 5 yeares from 
henceforwardc, dureing w^h time the said Francis is to doe his 
endeuo' to teach him the trade of a taylo^ 

* " At Stamford an Indian came into a poor man's house, none being at home bnt 
the wife, and a child in the cradle, and taking up a lathing hammer as if he would 
have bought it, the woman stooping down to take her child out of the cradle, he 
struck her with the sharp edge upon the side of her head, wherewith she fell down, 
and then he gave her two cuts more which pierced into her brains, and so left her for 
dead, carrying away some clothes which lay at hand. This woman after a short time 
came to herself, and got out to a neighbours house, and told what had been done to 
her, and described the Indian by his person and clothes, etc. Whereupon many In- 
dians of those parts were brought before her, and she charged one of them confidently 
to be the man, whereupon he was put in prison with intent to have him put to death, 
but he escaped, and the woman recovered, but lost her senses. Sav. Winth. II. 168. 

186 nbw haven colony records. [1644 

[88] Att a Gen'" Court held att Nbwhaven the 23 op 

June, 1644. 

Bro : Witt Tompson and Henry Lendall were admitted mem- 
bers of the court. 

The formes of two oathes were propounded to the Court to 
be taken the next second day in the morning, by all the inhab- 
itants in this plantatid, one of them is to be taken by all, and 
the other by the governo' onely. 

A motid made on the behalfe of Goodma Smyth for a lott 
by the sea side, beyond the West River, was taken into consid- 
eratio and referred to bro: Gibs, bro: Miles, bro: Ceely, bro: 
Clarke and bro: Peck, to see if itt may stand w% the conven- 
iencie of the towne to grant itt. 

Itt was ordered thatt the night watches be carefully attend- 
ed, and the warde of the Saboth dayes be dilligently observed, 
and y^ every one of the trayned band bring their armes to the 
meeting every Lords day ; allso y^ the great guns be putt in 
readjmes for service ; allso y^ the dru be beaten every morning 
by breake of the day, and att the setting of the suhne. 

Itt was ordered y* every Lords day 2 men shall goe wUi 
every heard of cattell w4i their armes fitted for service vntill 
these dangers be ouer. 

Itt was ordered thatt the fearmes shall be freed fro watching 
att the towne while there is need of watch att the fannes, pro- 
vided thatt they kecpe a diUigent watch there. 

Att a Gen'Ii Court held att Newhaven the 1^ op July, 


The Governc tooke this oath as followeth, 

I Theophilus Eaton, being att a Gen^^^ Co^* in October last, 
chosen Governo*^ w4iin Newhaven Jurisdictio for a yeare then 
to ensue, and vntill a new Governo"^ be chosen, do sweare by 
the great and dreadfuU name of the ever living God, to pro- 
move the publique good and peace of the same, according to 
the best of my skill, and will allso maintainc all the lawful! 
priviledges of this como wealth, according to the fundamentall 


order and agreem^ made for govemm^ in this jurisdictio, and 
in like manner will endeuo"^ thatt all wholsome lawes thatt 
are or shall be made by lawfuU authority here established be 
duely executed, and will further the executio of justice accord- 
ing to the righteous rules of Gods worde, so help me God in 
o"" Lord Jesus Christ. 

The Governo' haveing allso received the oath of fidelity as 
foUoweth, I Theophilus Eaton, being by the providence of God 
an inhabitant w^hin Newhaven Jurisdictio, doe acknowledge 
myselfe to be subject to the goverm^ thereof, and doe sweare be 
the great and dreadfuU name of the ever living God, to be true 
and faithfull vnto the same, and doe submitt both my person 
and my whole estate therevnto, according to all the wholsome 
lawes and orders thatt for present are or hereafter shall be 
there made and established by lawfull authority, and thatt I 
will neither plott nor practise any evill agst the same, nor con- 
sent to any thatt shall so doe, butt will timely discover the 
same to lawfull authority here established, and thatt I will as 
I am in duety bounde, maintaine the hono"* of the same and off 
[89] the lawfull magistrates thereoff, promoting the || pub- 
lique good of the same whilest I shall continue an inhabitant 
there. And whensoever I shall be duely called as a free bur- 
gesse, according to the fundamentall order and agrcem^ for 
governm* in tliis jurisdictio to give my vote or suffrage touch- 
ing any matter w*^h concerneth this como wealth, I will give 
itt as in my conscience I shall judge may conduce to the best 
good of the same wUiout respect of persons, so help me God, 

Then he gave itt to all those whose names are herevnder 

Stephen Goody eare Thomas Fugill Rich: Hull 

Thomas Gregson Ezech: Cheevers John Mosse 
Richard Malbon John Ponderson Adam Nicholls 
John Evance Witt xindrewes Abraham Bell 

John Wakeman John Chapman Joshuah Attwatcr 

Nath : Turner John Clarke Tho : Kimberley 

Math : Gilbert Rob* Ceely Tho : Jeffreycs 





WiH Thorpe 
Francis Newma 
Andrew Low 
Tho: Mounson 
Tho : Nash 
Rich : Pery 
Witt Peck 
John Gibbs 
John Livermoore 
Nicho: Elsey 
Antho: Tompson 
John Vincent 
Witt Potter 
Jasper Craine 
Rich Miles 
Roger Allen 
Witt Ives 
Francis Browne 
John Nash 
Will Davis 
Sam: Whitehead 
John Brockctt 
Math Camfield 
Tho: Lamson 
Math: Moulthrop 
WiH Preston 
Tho : Beamont 
Marke Pearce 
James Russell 
Witt Tompson 
Henry Lendall 
Robt Abbott 
Witt Gibbard 
Witt Bassctt 
Thomas Wheeler 
Henry Browning 
Benjamin Linge 
Tho: Yale 

Rich : Beckley 
John Cowp 
Jar^'is Boykin 
Robt Hill 
Rob* Johnson 
Arther Halbidge 
Edward Banister 
Tymo: Forde 
Mathias Hitchcok 
James Clarke 
Rich: Osborne 
Edward Patteson 
Geo: Smyth 
Witt Janes 
Jerr : Whitnell 
Tlio: Morris 
Benjamin Willmott 
Tho: Powell 
Peter Browne 
John Tompson 
John Tomas 
Tho: Mitchell 
Witt Gibbons 
John Hall 
Luke Hitchcock 
Rich: Newman 
Tho: Knowles 
Edward Chippfield 
Steph: Medcalfe 
Christo : Todd 
Tho : Osborne 
Robt Pig 

Nath: Merryma 
Sam: Higginson 
Theoph: Higison 
David Atwater 
Rich: Mansfielde 
Hen : Glover 

Daniell Paule 
John Wilforde 
Hen: Peck 
Witt Russells 
Witt Fowler 
Geo Larrymore 
Robt Allen 
John Gaffins 
Tho: Wheeler 
Luke Atkinson 
Thomas Lupton 
Epliraim Penington 
Allen Ball 
Edward Parker 
Lawrence Warde 
Tho: Coefield 
Johnath: Rudd 
John Griffin 
James Hewarde 
Rich: Beach 
David Evancc 
Robt Campion 
Edward Watson 
John Dillingham 
Witt Slow 
Robt Martin 
John HUl 
Ambrose Sutton 
John Walker 
Thomas Blakeley 
Thomas Clark 
Rich: Spery 
Henry Morrill 
Tho: lies 
Edmond Tooly 
Johnathan Sergant 
Tho: North 
Robt Persons 




WiH Wliite 
Ralph Lines 
Rob* Bassett 
Roger Knap 
Rob* Mecar 
Wi» Mecar 
John Beach 
John Hutchison 
Joseph Peck 
Tho: Robinson 
WiH Fancie 
Rice: Edwards 
Tho : Robinson jun 
Mighell Palmer 
Rob* Lee 
WiH Holt 
Tho: Barnes 
Rob* Emery 
Rob* Vsher 
James Guillam 
Ed : Campe 
Phillip Leake 
Abra: Doolittlc 
WiH Ball 
Nich: Baly 
Rich: Harrison ju^ 

James Bell 
John Linley 
Isaack Mould 
Joseph Alsop 
Rich: Lambert 
Edward Preston 
Edward Newton 
WiH Bladen 
Rich : Webb 
John Mors 
John Kimber 
Joh: Seckett 
Fran: Church 
Hen: Gibbons 
WiH Paine 
John Hurnde[ll] 
Tho: Caffins 
Isaak Beache[r] 
Edward Hitch [cock] 
John Massam 
Geo : Duning 

August 5**» 
Fran: Brewst[er] 
Geo: Lamberton 

Joh: Benham 
Edw: Wiglsewor[th] 
Johnath: Marsh 
Raipli Dighto 
Mr. Bracie 
Joh: Wakefi[eld] 
Hen: Bish:p 
WiH Bradley 
Abra: Stolyon 
Geo : Warde 
Roger Betts 
Nath: Burchall 
Fran: Hall 
Joh: Hcrrima[n] 
Sam: Hoskins 
Rich : Harrison [sen] 
Nich : Auger 
Sam: Willson 
Peter Mallery 
Joh : Hunter 
Martin Titchin 
Sam: Caffins 
WiH Toutlc 
Hen Rudcrford 
Joh: Bassett 
Joh: Megs 

[The following names in the handwriting 

March the 7*^ 1647 Henery Loyncs 
Samuell Ceffinch William Judsou 

Thomas Johnson 
Mathew Rowe 
Isacke Whithead 
Richard Mordan 
Joseph Genisye 
Edward Keylye 
Richard Hubball 
Job Halle 

James Bishope 
Daniel Turner 
Thomas Meekes 
Henery Carter 
John Chidsye 
Beniamen Hill 
Joseph Nash 
Thomas Beech 

of Francis Newman.] 

Henery Bristowe 
John Winston 
Robert Preston 
Thomas Marshall 
Thomas Dun 
Joshua Griffen 
Samuell Goodanhouse 
John Tompson 
Edward Watters 
John Jones 




The 2th of Mayo 1647 Ephraim How 

John Knight 
John Johnson 
Geo: Pardy 
James Eaton 
John Jackson 
Jeremiah Osborn 

John Benham jun' 
Joseph Benham 

old Willmott 
Samuell Marsh 

May 2d 1654 

the 18th of October 

at a court of Magis- 

Mr. Westerhouse 

Hen: Boutle 
Sam Andrewes 
Robert Clarke his man Thom Hogg 

Aprill 4th 1654 

Mr. Samuell Eaton 
Robert Talmage 
Thomas Harrison 
John Downe 
Timothy Nash 
Jeremiali How 
Sam: Farres 

Edward Perkins 
Andrew Hallaway 
John Brookes 
John Hudson 
Thomas Trobridge 
Jeremia Hull 
John Potter 
Richard Johnson 
John Allen 
John Baile 
William Pringle 

Math: Molthrop jun 
Joseph Potter 
Anthony Tompson 
Ellis Mecs 
Hen Hummerston 

22th Mai/ 1654. 
Wift WiUmott 
Wi» Wooden 
Richard Miles jun' 

Daniell Hopper 
William Gibbs, Hatter [J] ohn Tuttill 

see 138 

[Transfcrrod from page 188. In the hand writing of Frnncis Newman.] 

The names of persons that haue taken the oath of fidellitic 
are entered in fo: 89, and follow as hereafter, y« 7th 2^ mo: 

Mr. Bower 

Mr. John Dauenpo't 

Samuell Wakeman 
Geo: Constable 
Jonathan Tuttill 
Jeremiah Johnson 
John Lambert 
John Dauis 
Anthony Ellcott 
WiHm: Chatterton 

Tho: Tomlinsou 
Tho: Addams 
John Walker 
Sam: Ford 
Benja: Bunill 
Edmund Dormer 
Sam Myles 
John Browne 
John Hull 
Thom Weeden 
Isack Hall 

Daniell Bradley 
Joseph Mansfcild 
John Tompson 
Humphery Spenning 
Wi»m Tyler 
Mr. Melyen 
Jacob Melyen 
Willm. Anderson 
Richard Anderson 
Stephen Daniell 


[The foUowing in the handwriting of Mr. Gibbard.J 

The first of May 1660 Joseph Pecke Stephen Bradely 

Thomas Hiickly Nathaniel Boykin Zackariah How 

Daniel Shearman Nathan Andrewes Nathaniel How 

Moses Mansfeild Thomas Tuttle John Hichcock 

Richard Bowten Hackeliah Preston Mathias Hithfeild 

George Rawse Isaac Turner Cornelius OflFhening 

James Clarke junio' Nathaniel Thorp 
Jehiell Presto Eliazer Browne 

[In tho handwriting of Thomas Fngill.] 

[90] Itt was ordered thatt the weekcly traynings of the 
squadrons shall be renewed as before, every last day of the 
weeke, (except thatt wecke wherein the gcn'^^ trayning is, 
w<^h is to be every fift weeke, and that the olde orders be ob- 
served, w<^h was made the 6^ of August 1642, concerning the 
trayning of y® squadrons. 

Liberty was given by the Court to begin an Artillary com- 
pany, and to ad to themsolves such as out of the trayned 
band or others being free, doe offer thesclvcs to be of the 
Ai'tillary, and to chuse their ownc officers and settle their 
ownc orders, so as they use the said liberty moderatly, 
nott intrenching upon the fundamcntall agi'cem* of this Court, 
provided allso thatt they so order their traynings, thatt if any 
of the officers of the trayned band be of the Artillary, they 
may attend the squadrons traynings and yett not loose the 
opportunity of the Artillary meetings, and thatt all such as 
arc accepted of the Artillary shall ])e freed from the squad- 
rons traynings if they be nott officers of the trayned band. 

Itt was ordered, thatt if a trayning day prove rayny, the 
next second day after shall be for a gen^^^^ trayning in stead 

John Clarke desired to lay downe his sergeants place, 
whereupon John Nash was chosen sergeant. 

Abraham Bell was chosen corporall in stead of John Nash. 

Joshuah Atwater desired to lay downe his clarks place, and 
thereupon Rich : Perry was chosen clarke of the trained band 
in his stead, and he freed from trayning in respect of his 


Mr. Qregson and Mr. Wakema propounded, thatt the land 
towards Mr. Goodyears farme and the plaine by the pme rock 
may be veiwed, to see if it will accomodate their quarters for 
their 2<* divisis and sute the townes occasions allso. 

Mr. Gregson desired thatt he might have his 2^ divisiO'by 
the SoUitary Cove,* and Mr. Hawkins by the sea towards 

Captaine Turner, Mr. Malbon, Rob* Ceely and Francis 
Newman were desired to veiw the said lands in question. 

Itt was ordered thatt whatsoever pigs under 3 quarters of a 
yearo olde shall be found in the corne unyoaked, no fence 
being downe, the owners of them shall pay 6^ apeece. This 
order to be in force no longer then till Indian harvest be inned. 

Itt was ordered, thatt Rich : Miles, Will Davis and Nicholas 
Elsey, shall see thatt all the measures in the towne be made 
according to the stander sent from the Bay.f 

A Court the S^ op July, 1644. 

Win Andrews was warned to the Court about some defects 
in the meeting house, butt the prosccutio of itt respited. 

Joh : Hall demand 3^ due to him from Roger Knap in the 
right of his wife w^h he did acknowledge, whereupon it was 
ordered, thatt he should paye the said 8*, only abatcing 14« 
w<^h he hath done in worke for John Woollen, brother to the 
said John Halls wife. 

Edward Banister demaunded 4^ of Goodma Bishop on the 
behalfc of Joh : Burrows, whereupon it was ordered, that the 
said Goodma Bishop shall putt in security to pay the mony 
into the Court the next Court, excep he can show cause to 
the contrary. 

* Mr. Gregson was the first white settler of East HaveD. Dodd, E. H. Mem. 11. 

t " It is thought fit and ordered that there be one and the same measure throughout 
all the plantations within these vnited Colonies, which is agreed to be Winchester 
measure, viz : eight gallons to the bushell." Rec. U. Coll. Sept., 1648. Hazard, ii. 10. 

1644] new hayen colony records. 148 

[91] Att a Gen'*i Court held the 5^^ op August, 1644. 

Forasmuch as there are certaine percells of meadow ad- 
joyning to the skirts of y« upland in severall parts of the neck, 
w<^h belongs to sundry planters in the towne and thatt meadow 
cannott be improved to the best advantage of the owners w^h- 
out being inclosed, the neck being now layd for a pasture of 
cattell, itt was therefore ordered, thatt in the towns behalfe 
the treasurer shall pay for one halfe of the fence thatt is or 
shall be made betwixt the said meadowes and the upland, w<^h 
fences being once made, they who owe the meadowes are to 
maintaine them ever after at their owne proper charge. And 
in case any pticular quarter or pson shall desire to fence 
their land in pp, before they begin they shall pay to the treas- 
urer their proportio of the aforesaid gen'^^ charge, as itt shall 
be then judged worth. 

Mr. Malbon, Mr. Lamberton, and Mr. Evance, having 
seriously considered the great damage w<^h this towne doth 
suffer many wayes, by reason of the flatts w<^h hinders vessells 
and boates from coming neare the towne when the tyde is 
anything low, did propound to the Court thatt if they will 
grant them 4 dayes worke for every man in the towne frO 16 
to 60 yeares olde, towards the digging of a channell, and lett 
them have the benifitt of a wharfe and warehouse, (w^h they 
will build) upon such tearmes as shall be agreed betwixt 
themselves and a comittee, (whom they desired the Court 
then to chuse to treat w^h ths about itt,) they will digg a 
channell w*^h shall bring boates, (att least) to the end of the 
streete besides Will Prestons house, att any time of the tyde, 
except they meete wUi some invincible difficulty w^h may 
hinder their digging the channell so deepe — Whereupon itt 
was ordered, thatt they shall have the help propounded by 
them, (viz :) 4 dayes worke of every male in the towne from 
16 yeares old to 60, those thatt cannott worke, to byre others 
to worke in their stead, and those thatt can, to worke in their 
owne persons. And thatt Mr. Rob^ Newman, Mathew Gil- 
bert, John Wakman, Witt Gibbard, Jasp Craine, Win An- 
drewes, Anthony Tompson, and Rob^ Ceely as a comittee, w^h 



the advioe of the goyemo' and magistrates to treate w^h the 
said vndertakers, and agree upon such tearmes as may be 
equall and for the publique good, setting downe in writing 
whatt is done and expected on either pt. 

Wift Peck having butt halfe of a small lott to his houslott, 
whereby he is much straitened, desired 20 rod of ground 
over agst his house by the creeke, w^h was granted w^i this 
proviso, thatt, if the towne see cause to take itt fro him for 
any publique vse, he shall relinquish itt, they paying him 
such charges as shall be judged just. 

Mr. Gregson desired thatt he might have his 2^ divisio by 
the place *called the solitary cove, w^h was granted him. 

Itt was ordered thatt all the measures in the towne shall be 
fitted according to the new measure w<^h is brought from the 
Bay and appojmted to be the standard for all the collonyes, 
and marked w^h a new marke NH 9 and those who are to doe 
itt are to have 4^ for every bushell w^h they so fitt and marke, 
2^ a peece for every halfe bushell, peck and halfe peck, and 
2^ allso for every bushell w<^h the onely marke and doe 
nott cutt. The day appoynted for the said service is the 19^^ 
day of tliis moneth, att w<^h day every one thatt have meas- 
ures to fitt are desired to bring them to the meeting house. 

Those who were desired to veiw the Beauer meadowes 
made retourn thatt they conceive itt will not be convenient 
for the towne to part w^h itt. 

[92] Att a Court held the ?**> op August, 


Whereas complaynt was made by Thomas Nash of damage 
done in his corne to y® value of 9 bushells by hoggs in their 
quarter, itt was ordered, that the comittee form'^ly appoynted, 
(viz :) Thomas Kimberly, John Chapma, Thomas Monnson 
and John Tompso, naylo^, shall veiw the fences of the said 
quarter, and so farr as damage hath come by defective fences, 
they are to lay the charge of the said 9 bushells upon tlic 


scverall fences they finde defective, and if all cannott meete 
about the said veiw, then 3 of them may determine itt. 

Theophilus Higginson desired the Court to forbeare him 
till the next springe, aleadging thatt he is nott able to pay his 
fines till then, whereupon the Court gi-anted his desire. 

Itt was ordered thatt all the fines shall be demaunded forth- 
w^h, and if any refuse to pay, the marshall is to warne them 
to the Court. 

Richard Newma, being warned to the Court for neglect of 
his watch, he nott appearing, itt was ordered, thatt if he come 
nott before the Court rise, he shall pay 1» fine for not appear- 
ing, and 1« to him thatt watched in his steade. 

Richard Perry having beenc formerly fined 40» for neglect 
of his watch, att his humble request for some moderatio, the 
Court ordered thatt he should pay onely 15*. 

Win Andrewes, haveing undertaken to build and finish the 
meeting house, did lett out some part of the worke to Thomas 
Mounson, and Jervas Boykin, who putt itt off* to Thomas 
Saule and WiH Gibbons, wUi the said WiH Andrewes consent 
and approbatio, provided they did itt well, butt in the issue 
itt was defectively done by the said Thomas Saule and Witt 
Gibbons, and Thomas Mounson and Jarvas Boykin conceive 
they are discharged of their bargainc, butt Witt Andrewes 
alleadged thatt he never discharged them of their covenant 
whereby they were bound to doe itt well and substantially, butt 
w*h condico, thatt they should see the said Thomas Saule 
and Witt Gi]>bons pforme their bargainc w^h was to make the 
roofe of the tower and turrett thite to keep out wctt, butt be- 
cause there was a defect of testimony on all sides, the Court 
advised them to consult together and doc itt amongst them so 
as the meeting house may be kept dry wUiout delay. 


146 new haven colony records. [1644 

Att a Gen'IJ Court held the 19*^ op August 


Captaine Turner and Mr. Malbon were chosen Deputyes 
for the Gen''*^ Conrt to be held for this jurisdictio about the 
tryall of an Indian, (called Busheage,) who is to be arrayiied 
for murder.* 

Itt was ordered, thatt whosoever doth pass through arcomo 
gate or a gate into a como field and leavs itt nott well shiitt, 
shall pay S" fine and beare all damage w<^h shall come by such 
their neglect. If children or servants shall doe itt, their 
parents or governo"^" shall pay itt for them, butt tlie servants 
to beare itt out of their wages. 

Itt was ordered, thatt they of the watch who walk the last 
round shall call up the drum' an hower before day every 
morning to beate the drum. 

Itt was desired, thatt seeing Mr. Malbon is to be fro home, 
thatt the other 3, (viz :) Captaine Turner, Leivtenant Seely 
and Antient Newma would perfect the veiw intrusted w^h 
them the 1* of July last. 

The marshall is to cry all lost things w<^h are brought to 
him to keep, on the lecture dayes and faire dayes, and to have 
1^ for ev^y cry, of the partys who shall challeng the things 

Itt was ordered, thatt the next 5^^ day shall be a gcn^"^^ 
traying, and the next gen'^^ trayning to hold notw^istauding. 

♦ For the murder of tlie woman at Stamford, ante p. 135. He was arrested and 


delivered to the EngUsh by Wuchebrough a Potatuck Indian. The record of the 
trial is lost, but Winthrop informs us that " the magistrates of New Haven, taking 
advice of the ciders in those parts, and some here, did put him to death. The execu- 
tioner would strike off his head with a falchion, but he had eight blows at it before 
he could effect it, and tlie Indian sat upright and stirred not all the time." Sav. 
Winth. ii. 189. Rec. U. C. Sept. 1646. 

1644] new haven colony records. 147 

[93] Att a Court held att Newhaven the 2^ op October 


Roger Kiiap was discharged of his fine w<^h was sett upon 
his head for want of armcs, because the Court was informed 
thatt his armes was burnt in Delaware Bay, and after he came 
hither he was afflicted wUi sicknes and so poore thatt he was 
nott Jtl)le to buy armes in due time, butt now he is furnished 
wUi armes. 

Mrs. Stolyon demaund a debt of 3^-8-6 of Goodman Chapma, 
butt Rob^ Seely testified thatt Mrs. Stolyo had given him a 
note of thatt debt among others, to be payd into the ship on 
her behalfe, and accordingly he accepted itt, and thatt the said 
John Chapma from thatt time became debtto"^ to the shipp, 
butt Mrs. Stolyo affirmed y^ afterward she having payd all her 
part into the ship, and John Chapmans debt being yett unpayd, 
she desired Mr. Attwater, (who was then to receive the ships 
pay,) to lett Jolm Chapma know thatt now she expected the 
3I-8-6, should be payd into her owne hands, and to strike out 
his name out of the aforesaid note, w^h Mr. Atwater affirmed 
upon oath he had done, and thatt John Chapma said to him 
then that he cared nott, for he had as leave pay itt to Mrs. 
Stolyon hersclfe, whereupon itt was ordered, thatt John Chap- 
ma shall pay the 3^-8-6 to Mrs. Stolyo. 

Att a Gen^ii Court held the 21t*» of October 


Thomas Lupton, WiH Russells and Henry Glover were ad- 
mitted members of the Court. 

Itt was ordered thatt the Secretary shall write to all the 
plantations in this jurisdictio to lett them know thatt att the 
Court of Elections consideratio will be had of chuseing the 
comission»^» for the coUonyes att the said Court by the vote of 
all the freemen, thatt accordingly their deputyes may come 

Mr. Malbon and Captaine Turner were chosen Deputyes for 
the Gen'^^ Court next ensuing. 


Mr. Malbon, Mr. Lamberton, Mr. Evance and Mr. Wakema 
were chosen Deputyes for the next ensumg halfe yeare. 

Mr. Malbon was chosen Treasurer for this ensuing yeare. 

Tho : Fugill was chosen Secretary for this ensuing yeare. 

Tlio : Kimberly was chosen Marshall for this ensuing yeare. 

After some serious debate about the turning of the Mill 
River, Mr. Goodyeare, Mr. Turner, Mr. Malbon and Mr. 
Wakema were chosen comittees and desired by the (fo^^ to 
take unto them such workmen as have skill and veiw the said 
River, exactly to see whatt advantages or disadvantages they 
can discenie w<^h may either incourage or discourage the 
worke, and allso to veiw the bridge ouer the Mill River and 
report to the Court whatt they discenie or conceive is most 
meet to be done concerning the p'mises. 

The Treasurer desired, thatt every one to whom the towne 
is indebted would bring in their accounts, and thatt all those 
thatt have alienated any land would enter itt, thatt the treas- 
urers booke may be perfected. 

Goodma Smyth of Stratforde desired thatt he may have 30 
or 40 acres of upland and 10 acres of meadow granted him for 
the comfortable keeping of sheepe about the Oyster River, 
whereupon itt was ordered that those who are intrusted in the 
townes occasions for disposeing of lotts, shall consider of the 
said ppositio, and order itt as they see cause. 

Richard Miles, Jasper Craine, Anthony Tompson and Fran- 
cis Newman were chosen to be constant survayers, (untill 
others be chosen instead of them,) of all the comon high wayes 
aboute the towne and the bridges allso, and if need be, to press 
men & carts for the repair of all such defects as they shall finde 
from time to time, and the charge to be borne by the towne. . 
[94] II Whereas divers trespasses have bcene comitted by 
those of the suburbs in Mr. Lambertons quarter, by the driving 
of hoggs to the Oyster poynt and haunting them there. Mr. 
Lamberton desired to know the judgm^ of the Court, whether 
itt be meetc for them to haunt their hoggs there, seeing for 
want of foode they will unavoydably trespass, whereupon a 
comittee was chosen to veiw the matter in questio, and to re- 
port to the Court how they finde itt. Mr. Malbon and Mr. 


Gilbert for the suburbs, and Mr. Gibbard and Ricliard Miles 
for Mr. Lambertons quarter. 

[A General Coart for the jurisdiction was held Oct. 30, 1644, at appears from the 
date of the appointment of Commissioners, and probably at the same time the jaris- 
diction resolved upon taking measures to procure a patent from the Parliament.] 

Att a Court held the 6' op Novemb. 


Henry Humerston, for creeping into Captaine Turn's house 
att a window in a felonious manner in the time of the publique 
meeting on the Lords day, was sentenced to be whipped. 

Mathew Camfield, for neglect of his watch, was fined 10». 

Thomas Nash desired satisfactiQ for 12 bushells of corne 
damage done hi his corne, by reason of defective fences ptly, 
and partly the nott setting up of the fence in due time accord- 
ing to agreem' ; whereupon itt was ordered thatt the quarter 
shall beare the damage of ^ bushells, because the fence 
belonging to the towne was nott sett up in time, and the 
other ^ bushells to be borne by those perticular fences w*^h 
upon veiw was found defective. 

Att a Gen""^! Court held the ll^h of 

Novemb: 1644. 

The propositio for the rcleife of poore schoUars att the col- 
ledge att Cambridg was fully approved off, and tliereupon itt 
was ordered, thatt Josuah Attwatcr and William Davis shall 
receive of every one in this plantatio whose hart is willing to 
contribute thereunto, a peck of wheat or tlie valine of itt 

Whereas the Gen""'^ Court for this jurisdictio did see cause 
to putt forth their best cndeuo'"* to procure a Pattent fro the 
Parliament, as judging itt a fitt season now for thatt end, 
and therefore desired Mr. Gregson to undertake the voyage 
and busines and agreed to furnish him wUi 200^ in this juris- 
dicti(T, of w<'h, in proportio to the other plantations, Newhaven 
is to pay 110^ in good marchantable beaver, itt was thereupon 
ordered, thatt the said 110^ shalbe procured at the charge of 


the towns treasury, vpon such tearmes as itt may, and the 
towiie to stand to the tearmes and beare the damage thatt 
may come thereby. 

The comittee thatt were appoynted to veiw the land for Mr. 
Gregsons and Mr. Wakemans quarters, reported, thatt they 
found much laud w^h they conceive is good, butt what quan- 
tity they cannot judge, and therefore desired thatt a comittee 
may be now appoynted to veiw and survay the land y^ yett is 
unlayd out, to see if it be such land for quallity as hath beene 
layd out to other quarters for their 2^ divisio, and allso w^ 
quantity there is of it. Mr. Malbon, Mr. Francis Newma, 
Anthony Tompson and Leivtenant Seely were appoynted for 
the said veiw. 

Vpon complaint made by some of the planters of Totokett, 
thatt the Mohegin Indians have done much damage to them 
by setting their traps in the walke of their cattell, itt was 
ordered, that the marshall shall goe w^h Thomas Whitway to 
warne Vncus or his brother or else Foxen to come and speakc 
w*h the Governo"^ and the magistrates. 

[95] II Itt was propounded thatt, (because many men thatt 
come and appeare att the Genr^^ Courts when their names are 
called over, goe away before the Court rise,) the order for aj)- 
pearance att Gen^^^ Courts under a penalty be read att the 
next Gen^ii Court, thatt itt may be altered if there be cause. 

Itt was propound thatt att the next Gen'^^^ Court, survay ers 
may be chosen for every quarter to veiw the fences belong to 
their severall quarters, and where they finde any defective, to 
acquaint the owners, and if the defect be nott mended by a day 
appoynted, the survayers to gett itt done ancj the owners to 
beare the charge w^h some fine. 

Itt was allso propounded thatt a comittee may be appoynted 
to veiw all the orders thatt are of a lasting nature, thatt such 
as are defective may be mended and presented to the Court to 
be confirmed. 


A Court held att Newhaven the 4^^ 
OF December, 1644. 

John Gibs and William Gibbard were fined each of them 
10« for neglecting their watch, they being ma" of the watch. 

A Court held att Newhaven the 2^ of 

January, 1644. 

Whereas some goods belonging to Mr. Pike of Vncaway, in 
the hands of Thb : Robinson of this towne have beene attatched 
by warrant from Mr. Gregson att the sute of John Livermore 
of this towne allso, who desired the judgm^ of the Court, 
whereupon itt was ordered, thatt Thomas Robinson shall keep 
somuch of the said goods in his hands as will satisfie the just 
demaunds of the said John Livermore. 

John Dillingham and Thomas North, for totall absence att 
traylng, fined each man 2^ 6^. 

Whereas there was a diflisrence betweene Mr. Evance and 
John Tompson, nayler, about the price of 2 heifers w<^h the said 
John Tompson bought of Mr. Evans, itt was agreed betweene 
them in the Courtt, thatt Mr. Evans should have his heifers 


Forasmuch as itt appeared to the Court, thatt Mr. Leach 
hath brought some bricks from the brickills in the plains w^h 
did belong to Mr. Gregson, itt was ordered thatt Mr. Leach 
shall pay Mr. Gregson for them. 

Mr. Evance desired the judgm' of the Court concerning a 
debt of 6* 15", w^li he demaund of Edward Chipperfield who 
had put liim of w4i excuses, and did alledge it should have 
beene payd out of a kill of bricks w^h was to be devided be- 
twixt Steven Mcdcalfe, John Medcalfe and himselfe, butt upon 
examinatio, itt appeared thatt there were not so many bricks 
due to him of the said kill full as would satisfie Mr. Evance 
his debt. 

Witt Andrewes allso desired a debt of 5^ due to Witt Hard- 
ing fro the said Cliipperfield, who having nothing wherew^h to 


pay either the one or the other, said he would referr himselfe 
to the Court. 

Tho Blacksley, because of his poverty, had part of his fine 
.remitted, (viz) 6« 8«^. 

Nathan Burchell his fines for defects remitted hitherto, pro- 
vided thatt he gett armes and attend traylngs duely for time 
to come. 

All y^ have beene fined for not bringing' their armes to the 
publique worP» remitted hitherto. 

Bro: Abbott demaunded satisfactio of Mr. Lamberton for 
damage done by his hogs in the Oyster shell field, butt re- 

Rob^ Parsons desired his fine might be remitted, but the 
Court see no cause why. 

[96] Att a Court held att Newhaven the 

5th OF Feb: 1644. 

Whereas certaine goods belonging to Mr. Lewis of London 
have beene attatched in the hands of William Andre wes att 
the sute of Thomas Stevenson of Yenicott, Mr. Pridcn as his 
attournay required judgm^ upon the said goods. The Court 
understanding that the said Stevenson soldo and delivered to 
Mr. Lewis aforesaid a boat att Virgenia valued att 8^ Thatt 
the said Lewis did premiss in lew thereof thatt the said Steven- 
son should have a mare of his w<^h was then in the hands of 
Mr. Russclls of Charlestowne in the Massacusetts, butt when 
the said mare was demaunded, the said Mr. Russells said he 
had sould her for fewer pounds, whereupon itt was ordered, 
thatt the said Will iVndrewes shall pay unto the said Mr. 
Priden the su of 4^ w<^h was the price of the mare when shee 
was soldo, and the remainder of the said goods in the hands of 
Win Andrewes belonging to Mr. Lewis shall rest there as 
attatched till the Court dispose otherwise of or concerning 

William Tompson demaunded satisfactio of Mr. Gregson for 
damage done in liis corne by his hoggs, itt being evidenced in 
the Court thatt the fences of Goodman Banister, Edward Patte- 


son and John Charles were defective att the same time when his 
hogs did the damage, itt was ordered, tliatt they should beare 
the damage according to their diflferent just pportio", (viz) 
Edward Banister 3 bushells, and the other 2 each of them one 
bushell and a halfe. 

Thomas Mouleno' sen', and Thomas Mouleno"* his son, being 
charged wUi sundry miscarryages and breach of peace but 
nott issued, itt was referred to another Court and in the meane 
time itt was ordered, thatt they shall both enter into into a 
recognisance of each man 100* to keep the publique peace and 
be of the good behavio' towards all people and especially to- 
wards the inhabitants of Totokett. 

Arthur Halbidge, having becne formerly charged by Mr. 
Browning for stealhig fro him a bushell of come to the valine 
of 4», and a shirt or frock to the value of 1% w^h he att first 
denyed w^li cursing himselfe butt now confessed the fact, and 
was sentenced to be whipped and to make two fould restitutio 
to Mr. Browning, and to beare all the charges w^h have beene 
caused by him. 

Richard Lambert, having beene form»"ly convicted and sen- 
sured for sundry miscarriages in was of unrightousnes, now 
made an acknowledgm' of his guilt hi the court, thinking 
thereby to give satisfactio, who showed themselves willing to 
take satisfactio, butt yctt advised him to be carefuU to make 
his peace wMi God, and secke to gctt that bitter roote, (whence 
such evill frutes did spring,) that a reformatio of those evills 
may appeare in his conversatio. 

A Court held the 6^*> op March 


Mathew Crowders fine remitted upon Mr. Brownings testi- 
mony thatt his was sick att thatt training fro w^h he was 

John Walkers fine was was remitted bee : he was lame. 

Rob* Parsons fine respited till May or June. 


154 new haven colony records. [1644 

[97] Att a Gbn"*!! Court held att Newhaven the 

24 OP Feb. 1644. 

Jer. Whitnell, Thomas James, Rob^ Martin, John Gregory 
and John Meggs were admitted members of the Court. 

Itt was ordered thatt if any members of the Court shall de- 
part from the Gen"^*^ Courts wUiout licence after their names 
be called, they shall pay each man 1" 6^ fine, and if any planter 
shall depart w'hout licence while the Court sitts, he shall pay 
one shilling fine. 

Whereas the plantatio hath beene much exercised w*h hoggs 
distroying of corne, the Court tooke itt into serious considera- 
tio how they might prevent the like damage for time to come, 
and after much debate itt was ordered, thatt a comitte shall 
be chosen in every quarter to veiw the comon fences and 
fences belonging to every quarter, some one day in the first 
weeke in every monetli, from the first of March next unto y^ 
day 12 moneths, and observe diligently whose fences are de- 
fective and acquant the owners therew^h, calling upon them to 
gett them mended, and to lett them know thatt they are to 
make good all the damage w<^h shall be done wUim thatt fence 
till theirs be mended if none other be found defective besides ; 
and they whose fences are defective shall pay the said veiwers 
for their expence of time about the said veiw, butt if no fences 
be defective, then the whole quarter shall pay them. And 
the said veiwers are to acquaint every famyly in their said 
ssverall quarters, or every pson that hath any part in the fences 
w^h they are to veiw, what day they intend their first veiw 
that every said owner may go or send one wUi them to marke 
their owne fences att both ends, that the veiwers may after- 
wards exactly know w^h is every mans fence, and if any man 
upon notice so given shall neglect to goe or send as aforesaid, 
he shall pay 2» fine. And if the veiwers shall neglect to veiw 
att the times appoynted, or shall neglect .to observe exactly the 
defects, or shall neglect to give due notice as aforesaid, each 
ma shall pay 58 fine for every default as aforesaid. Moreover 
if any fences belonging to tlie towne, (and once accepted as 
good by the treasurer,) be found defective, the veiwers shall 
gett them mended, and if they cannott otherwise gett workmen 


they shall have power to press men to mend them, and the 
treasurer shall pay them. 

Itt was allso ordered, thatt if any mans corne be damaged 
by cattell or hoggs, he may pound them if lie finde the beasts 
y^ have done the damage and cannott finde where they gott in 
or at whose fence, he may goe to the veiwers appoynted for 
thatt quarter where the damage was done, and gett them to 
veiw the fences, and he or they whose fences they finde defect- 
ive shall beare the damage and pay the veiwers for their ex- 
pence of time if they be called to veiw extraordinaryly. 

Jasper Craine and William Touttle for Mr. Davenports 
quarter, John Caffins and Jarvas Boykin for Mr. Newmans 
quarter and Mr. Brownings, Rob^ Johnson and Thomas Powell 
for the Yorkshire quarter, Wift Fowler and Henry Glover for 
Mr. Wakefh* quarter. Rich : Miles and Willia Davis for Mr. 
Gregsons quarter. Rich: Hull and Nicholas Elsey for Mr. 
Lambertons quarter, Witt Ives and Edward Banister for the 
suburbs, Thomas Mounson and Rob* Pigge for the Oyst^rshell 
field. Rich : Mansfield and David Atwater for the farmes, and 
Francis Browne and John Vincent for the plaincs. 

Tlie Court desired the magistrates together w^h the depu- 
ties to veiw all those orders w^h are of a lasting nature, and 
where they are defective, to mend them and then lett them 
be read in the Court thatt the Court may confirme or alter 
them as they see cause. 

Whereas much disorder hath beene done by some in cuttuig 
downe trees in the como wUiin the 2 miles contrary to order, 
the Court required Anthony Tompson and John Clarke to 
enquire who they are that have transgressed thatt order, and 
to take notice who doe hereafter transgress in like kinde vntill 
some other be chosen in their stead. 

Itt was ordered, thatt all men shall duely pay their rates to 
the treasurer, or to those whome he shall appoynt to receive 
them w'hout putting him of to others, and that all those who 
have alienated land shall pay the rates for itt themselves 
untill it be entered hi the Court booke according to order. 

Itt was ordered, thatt all those of the squadrons w<^h in 
their course doe bring their armes on the Lords dayes to the 


meetingy shall bring them to the meeting the lecture day ime- 
diady before, so many of them as doe come to the lecture. 
[98] II The Govemo'' desired thatt all meanes might be vsed 
to pfect souldiers in the military art, and thatt the gen'^^ train- 
ings and squadrons w^h an artillary allso may be incouraged 
and improved to thatt end, and wished thatt all those thatt are 
free and willing, would goe to the leivtennant and sergeants 
and enter their names to be of an artillary, who, when they 
are approved, shall be exempted fro the squadron traynings. 

Mr. Pearc desired the plantatio to take notice, thatt if any 
will send their childr. to him, he will instruckt them in writ- 
ing or arethmatick. 

Bob^ Abbott and Witt Paine desired that their land might 
be layd out on the East side, in such a forme as may be con- 
venient for them to fence itt and improve itt. Jasper Craine 
and Witt Touttle were desired to veiw it and consider how itt 
may be layd out to sute the townes occasions and their con- 

Jasper Craine was freed from watching and trayning in his 
owne person, because of his weaknes, butt to finde one to 
watch in his stead wh6 his tume comes. 

Goodma Goldam freed from watching and trayning in his 
owne person in like manner in regard of his weaknes, onely 
he is to fmde a man to watch for him when his turne comes if 
his estate will beare itt. 

Att a Gen^J* Court held att Newhaven 


Witt Fowler, Tho : Mitchell and Phillipp Leake were ad- 
mitted members of the Court. 

Mr. Malbon was chosen Treasurer. 

Mr. Malbon, Mr. Evance, Mr. Gibbard and Mr. Francis 
Newman were chosen deputies for the halfe yeare next ensu- 

Captaine Turner and Mr. Malbone were chosen Deputies for 
the JurisdictiO Court. 


Elder Newman exempted fro attending att the Gten^^^ Courts 
by reason of his many occasions. 

Itt was ordered thatt Jasper Oraine and Rob^ Ceely before 
the next second day, shall veiw all the cannows belonging to 
the English about this towne, and marke y w'^h the townes 
marke all such w^h they shall approve as fitt for the English 
to vse, and thatt no person or persons in this plantatio or 
belonging to itt shall lend or vse any cannow thatt is nott so 
marked by the psons aforesaid, under the penalty of 20« fine 
for every default. 

Itt was ordered thatt no pson or psons shall kindle a fire to 
burne leaves, straw, cornestalks or any kinde of rubbish either 
in gardens or houslotts in or about this towne vnder the pen- 
alty of 2* fine. 

Itt was ordered thatt no man shall putt any cattell into the 
neck fro this day foreward above his pportio, imder the pen- 
alty of 6^ a weeke for every head, according to the intent of 
a form' order in that case mad 16'^ of Jan : 1642. And thatt 
before any man putt any cattell into the neck, he shall give 
notice to the governo"* whom the Court desired to take the 
paines to cast up whatt every mans proportio is, when he 
knows in whose right they come. 

Elder Newman and Captaine Turn'' are desired to see the 
fence belonging to the neck well done and a gate towards the 
farmes, old Bassett and his son were desired to doe itt. 

Itt was ordered thatt no cattell shall be putt into the neck 
att the spring, untill the first of May. 

Itt was ordered thatt the drums belonging to the towne 
shall be putt in good repaire att the townes charge, and Ste- 
ven Medcalfe and Rob' Bassett shall have 8^ betwixt them, for 
w^h they shall attend all the townes occasions as comon 
drum'8 for the towne till this time 12 moneths, and maintaine 
the drums att their ownc charge in good plight, and leave 
them so att the end of the tearme. 

Itt was ordered thatt the treasurer shall pay Steven Med- 
calfe 20« for the service he did the last winter extraordinary. 
[99] II These following officers and orders of the Artillary 
company were p^'sented to the court and confirmed by the 


court, leaving the sett time of traylngs to the company them- 
%lves to order as they shall see cause. 

Mr. Malbon Gaptaine, Leivten^ Ceely, Leiveten* Francis 
Newmd, Standard bearer Wift Andrews, Tho: Mounson, 
Tho : Jeffrey and John Nash Sergeants. 

Orders for the Artillary Company att 


1 Thatt the company from time to time chuse their oflBcers 
from among themselves, as captaine, leivtennant, ensigne, ser- 
geants and others necessary for service, and thatt upon such 
choyce they yearly p'sent them to the Gen'^^ Court for New- 
haven for approbatio & confirmation. 

Thatt every man offering himselfe to this company be either 
free and att his owne disposeing for such a service, or if a ser- 
vant and ingaged to any other, thatt he bring a certifficate or 
other satisfying testimony of his ma"** consent thatt his way 
may be cleared before he be admitted to exercise. 

Thatt every member of this company att his first entrance 
pay the sum of 18^ for and towards the raising of a small 
stock for the necessary vses of the company, to be payd in to 
the treasurer or clarke appoynted by the company for thatt 

Thatt once a ^ upon the 4^^» day of the weeke after 
the lecture is ended, this company exercise themselves in a mil- 
litary way for increase of their skill and activity against times of 
service. And for this exercise the first drum to beate att the 
going out from the lecture, and the second drum one hower 
after, and thatt att every such exercise every one of the com- 
pany be present upon the markett place and answere att the 
call of his name and bring w^h him his muskett and all other 
armes appoynted for the said exercise. 

Thatt whosoever of them cometh late or nott compleatly 
armed, on any of these dayes of exercise, shall pay 6^ for a 
fine, and for totall absence 12«J, and thatt the oifendors being 
first demauuded, duely pay these fines before or att the 2'*' 
exercise next after the forfeiture. 

Thatt every one of this company purposely coming to any 


Gen^i^ or perticular Court, or to the ordinances att any pub- 
lique meeting, whether on the Lords dayes, lecture dayes, 
dayes of soUeme fasting or thanksgiving, shall carry and weare 
his sword by his side, under the penalty of 6** for every such 

omission and default if he give not a sufficient reason to the 
satisfactio of the company. 

Thatt if any member of this body fined by the majo' pt of 
this company for any default before mentioned be not satisfied 
concerning the same, he may offer the consideratio of his 
offijnce and fine to the company, to the next perticular court, 
(upon due notice by him given to the company,) who shall 
heare and determine betwixt the company and him According 
to their light in referrence to the forgoing orders. 

Thatt the stock of this company wliether arising from 
entrance mony, fines, mony given, or any other way, shall 
from time to time be disposed off by the consent of the major 
part of the company att some meeting, and nott other wise. 

Thatt every member of this company, (according to his 
place and estate,) come to these exercises in decent apparrell, 
thatt all excess, all contentious, provoking, sinfuU carryage 
in speech, gestures and actions be avoyded, butt if any offend, 
upon complante, the perticular court to examine, censure and 
reforme as they shall judge mectc. 

Lastly for tlicir further incouragm', itt is granted and 
ordered thatt all the members of this company duely attend- 
ing the gen""'^ traynings be freed from the perticular squadron 
meetings and traynings wherein the rest of the towne are 
exercised by the sergeants. 

Whereas, by reason of the artilary, the squadrons will be 
small, itt was ordered thatt 2 companycs shall be joyned into 
one, of the sergeants in their course shall exercise them one in 
every 2 weekes. 

Itt was ordered thatt tlie markett place shall be cleared 
forthw^h, and the wood to be carryed to the watch house there 
to be piled, and thatt the busines may be effected, the care of 
itt is comitted to the 4 sergants. 

Itt was ordered thatt if any mans goates shall be found out 


of his owne ground w^hout a keeper after this weeke, he 
shall pay 6^ a head. 

James Bussells, by reason of his lame thumb, was excused 
fro bringing his muskett on the Lords dayes and other dayes 
of publique soUemn worp*. 

[100] II Mr. Davenport ha\ing a desire to remove his fence 
from thatt side of liis lott towards the clay pitts way to the 
other side of his lott towards the mill highway, requested thatt 
he might have liberty to fence up the way to the clay pitts and 
he will make a gate, sett a lock upon itt and leave the key att 
John Coopers house, w^h being considered by the court they 
granted his request. 

Itt was ordered thatt from hence forward the monthly court 
shall be kept on the 3^ day of the weeke. 

Phillip Leake was chosen corporall instead of Abraham 

Itt was ordered thatt a chist shall be made forthw^h to putt 
the pikes in, to keepe them from warping, w^h Thomas 
Mounson and the rest of the officers undertooke to see done. 

Itt was ordered thatt those thatt live att the farmes shall 
bring or send their armcs to be veiwed on such dayes as are 
appoynted, and they all attend the gen'^^ traynings except one 
man att every farme. 

Itt was left to the Govemo*" and Gaptaine Turner to order 
and appoynt the gcn^*^ trainings so as may be most for the 
common good of the plantatio in respect of hay time and har- 


8th OP Aprill 1645. 

Mr. Malbon required satisfactid of Mr. Gaffins for damage 
done in his cornc att seu'all times, once by his swine, and 
another time by his cattell, w^h was valued att 8 bush:s each 
time, butt Mr. Gaffins aleadged thatt the damage came by 
defect of their owne fence w«^h was nott made up betweene the 
clay pitts and their corne. The case being something darke, 
w^h consent of both parties, it was referred to John Wakema, 


Rich : Miles and Jasper Craine to veiw and arbitrate & deter- 
jninc, or else to report to the court how they finde itt. 

Rob* Ceely was desired to advise w^h some thatt have skill 
in leather to gett whatt light they can agst the next court, 
thatt some course may be taken if itt may be to moderate the 
price of leather and shooes. 

Jolm Meggs accused Captaine Turner, Tho : Pell and Tho : 
Robinson of extortio or vnrighteousnes in the prices of leather 
w^h they sould to him, butt being nott prepared to make 
proofe of whatt he had charged them w^h, the proceedmg was 
respited vntill the next court. 

Captaine Turner having received eighteene pounds and 
eighteene shillings of Mrs. Higginsons estate, and John 
Wakema fifteene pounds allso of the said estate, have both sev- 
erally ingaged their their houses and lands att Newhaven unto 
the court of Newhaven for the true paym* thereof in current 
country pay att the full end and tearme of 5 yeares from 
October last past, together w'h 3« att every pound for consid- 
eratio of the said mony. 

John Walker desired satisfactio for damage done in his 
corne by hoggs w<^h Thomas Morris testified was 12 bushells, 
whereupon it was ordered that the defective fences shall make 
itt good. 

Tlie marshall was required to warnc their quarter to gett 
the defective fences mended, and the treasurer is to pay for 
thatt w«^h belongs to the towne. 

Mr. Leach having cutt shingles in the woodes contrary to 
order, desired to know the mindc of the court, whether or noe 
he may have them, itt was ordered thatt he shall, if he will 
make vse of them referring himselfe to the court for the price 
of the shingles and his disorder in getting them w^hout 





Obadiah Southwood being apprentice to (Joodman Tainter 
for runing away from his said ma', and being convicted for a 
notorious lyar, was sentenced to be seveerlr whipped. 

Concerning the defference betweene Mr. Browning and 
John Moss, they were desired to cleare mistakes betweene 
ihem about the diffective fences in the oyster shell field w«h 
concemes them, w«h the reiwers have given them warning of 
3 times, and yett the are nott mended. 

Itt was ordered thatt they whose fences in the oyster shell 
field are defective, or were found to be so upon veiw, shall 
pay the veiwers for their loss of time as well in attending the 
court as in veiwing, because the did nott gett their fences 
mended according as they were advised, (viz) Mr. Browning, 
^ Abbott, Mathew Moulthrop, Groodma Pigg and John 

Thomas Barnes required satisfactio of Raiph Dighton for a 
cow of his w«h perished as he conceives through his sons 
neglect who kept the heard thatt day, butt Raiph Dighton 
allcadged thatt a cow of thatt heard being swamped, his son 
came home to the townc to gett help, and left liis partner w^li 
the cow in the interim, and before they had gott the cow out 
of the swamp itt was night and the heard was coming home, 
and they nott knowing of any dangerous place betwixt the 
bridge and the place where the cattell vsed to come over, did 
nott conceive itt necessary to follow the cattell, butt came 
over the bridge, and though they came on the other side of 
the river over against the place where his cow was afterwards 
found perished wUi her foote in a hole betwixt the banck and 
the roote of a tree, yett they did neither heare nor sec her. 
Itt was testified by others that there was noe knowen place of 
danger in thatt place before menconed. The judgm* of the 
Court was thatt itt was an afflicting providence of God w<^h 
the said Jiarncs was to beare himselfe, and that the boy was 
innocent in the case. 


Rob* Johnson for a defective gunstock was fined 1« and 
xjharged to gett itt mended. 

A Court held the 3^ op June 


The difference betwixt Captaine Turner and John Hill con- 
cerning a Bull w^h the Captaine conceived did dye by the 
default of the said John Hill in working him contrary to his 
ma'" express comaund, was referred by consent of both ptyes 
to John Wakeman and Mr. Robert Newma to arbitrate and 
determine if it may be, or else to report to the Court how they 
finde itt. 

John Meggs having form''ly charged Captaine Turner, 
Thomas Pell and Tho: Robinson w^h extortio or sinfull 
vnrightousnes, and nott being able to make good the said 
charge agst them, did now acknowledg his erro% w<^h acknowl- 
cdgm* was accepted as satisfactio, onely he was sentensed to 
pay 1" fine for nott appearing att the last court, and to pay 
the charges of those who had attended 3 courts together by 
his meanes. 

James Till for stealing 2 fadd: of black wampom, and one 
fadd : of white from Laurence Turner, into whose company he 
intruded himselfe under pretence of frendship, was sentenced 
to be whipped and to make 2 folde restitutio to the said Lau- 
rence for what he hath stolen. 

The difference betweene Mr. Goodyearc and John England, 
by consent of both ptyes, was referred to Mr. Rob^ Newma and 
Mr. Gilbert to arbitrate and determine if it may be, or to make 
report to the Court how they finde it. 

Edward \ Mr. Gilberts man, desired the judgm^ of the court 
whether his ma'^ can force him to serve any longer, he having 
nothing to show in writing, itt was answered that he must 
stay w4i his ma"* one yeare more, and in the meane time, both 
he and his ma"^ may write to his friends for both their satisfac- 
tio, and if he doe serve a yeare longer the he should have done, 
then his ma' is to pay him for his last yeares service. 


An account was delivered into the court by Mr. Craine con- 
cering Mr. Roe and ordered in case itt be questioned it is to be 
tryed in a Court of Magistrates. 

Andrew Low, for late coming to watch, fined 2", and Geo. 
Larrimo' and Goodma Harrison fined each of them 1" for the 

Tho: Caffins fined 6^ apeece for his goates pounding. 

Rich: Webb promised to pay vnto Josuah Attwatcr 33" w^h 
he demaundcd of him as due to the shipp. 

Fifty shillings of Steven Medcalfe's in the hands of Peter 
Browne, is attatched by Mr. Gregson for a debt of the said 

[102] Att a Gen^^i Court held att Newhaven 

THE 16* »> OP June, 1645. 

Those who have the small lotts propounded their want of 
meadow to the serious consideratio of the court, desireing that 
the court would grant them the meadowes called the Beaver 
meadowes and they will endevo"^ to improve them, and if they 
can so improve them as to make them comodious for their vse 
they will be content to pay rates backward and forward in a 
moderate way as shall be judged equall, butt if nott they will 
retourne the said meadows into the hands of the towne. 

Leivtcnant Seely and Jer Witnell complained thatt their 
meadowes are so bad as that they are alltogether unserviceable 
to them and cannott be improved, and therefore desired the 
court to take their case allso into serious consideratio. 

The Court seriously considering and debateing the said 
propositions, declared themselves willing to attend the necessi- 
tyes of the partycs aforesaid and others whose meadowes by 
charge cannott be improved, and therefore ordered that Jasper 
Craine, Marke Pearce, John Clarke and Henry Lendall shall 
veiw the said meadowes in referrence to the aforesaid pposi- 
tions and make report to the Governo'* and the rest of the 
Court, (whatt they conceive concerning them,) who shall have 
have power upon the retourne of the said veiw to dispose of 
the said meadowes, to lay out proportions and to settle rates 


according to each mans different and seyerall considerations 
interessed in the aforesaid propositions as they in their wis- 
dome shall see cause. 

Francis Browne moved in the court thatt if he may have a [/ 
little house or shade made att the water side to worke in and 
competent allowance for his paines, and if itt may be, some 
land in the Oyster-shell field to plant, he will keep a ferry 
boate to carry people over the East River, and thatt he will 
attend itt every day from the rising of the sun to the going 
downe of the same in an ordenary course till 12 moneths be 
expired from the date here-of, exceptinge Saboth dayes and 
other times of solemne publique worP of God. Whereupon itt 
was ordered that he shall 2*^ apeece if there be nott above 3. 
If there be above 3 and not above 6 he shall have 3ob a peece, 
and if above 6 he shall have butt 1^ a head for their fare. Itt 
was allso ordered thatt if any English man shall transport any 
person or persons in any other boate or cannow in the ferryes 
way, he shall pay to the ferryman 1<* a head for every person 
so transported by him, provided notwUistandmg, that if any 
planter in this towne have a boate or cannow of his owne he 
may make vse thereof to transport himselfe, famyly or worke 
folkes to and againe, (as their busines or occasions require) 
w^hout offence. Note allso that the farmers on the East side 
are left free either to vse their owne cannowes or boates, or to 
agree w^h the ferryman as they can when they have need. 
The Court desired the Governo"^ w'h the magistrates and dep- 
uties to take care thatt a shade or little house be made as 
aforesaid, and that the ferryman may be accomodated w^h 2 
or 3 acres of land convenient for him in the Oyster shell field 
if it may be. 

Whereas much damage hath beene done to timber in the 
comon by getting barke for dying and tanning, itt was there- 
fore ordered thatt Sergeant Andrewes, Sergeant Jeffreyes & 
Sergeant Mounson, w^h Corporall Whitehead shall consider 
where the dyers and tanners may gctt their barke for time to 
come w'h least damage to the publique and that from hence- 
forward if any shall gett barke in the comons w^hout their 

166 NEW HAVEN GOLONT RE00BD6. [1645 

allowance, or contrary to their appojntment, they shall be 
punished att the discretid of the Court. 

Whereas the court did desire the Govemo' and the captaine 
to consider and order the traynings so as may sute best w^h 
the townes occasions, w^h accordingly they have ordered as 
folloWeth; the first Munday in March to traine and veiw 
armes, the last Munday in Aprill & the last Munday in May 
to traine, the third Munday in June to trayne and veiw armes, 
the last Munday in September to traine and veiw armes, the 
first and last Mundayes in October to trayne, the second Mun- 
day in November to traine and veiw armes, w<^h dayes were 
approved and confirmed by the court. 

Itt was ordered that if any person or persons, whether direct- 
ly or indirectly, in this towne shall sell wine by retayle of 
quarts or pintes or the like, after 14 dayes next ensueing be 
expired, w^hout license, he or they shall be punished att the 
discretio of the court. 

Witt Andrewes licensed to draw wine and to sell by retayle. 

Vpon a motio made by William Andrewes for some conven- 
ient place to putt straingers horses in, itt was ordered thatt 
the said William Andrewes shall have liberty to fence in 20 
acres of land att the hither end of the plaines joyning unto 
Francis Newmans lott, and if dye or leave the ordinary, tlio 
land shall goe to the ordinary still for the vse aforesaide, onely 
his charges are to be allowed by him thatt shall succeede, 
thatt he or be no looser when he leaves itt if the hyre he re- 
ceives doe nott pay him in the interim. 
[103] II Itt was ordered thatt a standard of weights and 
measures shall be made forthwUi, and thatt every one in the 
towne who have weights and measures w^h they intend to buy 
or sell by, shall bring them to the meeting house this day fort- 
night att 8 a clock, and Rich: Miles, Josuah Attwater and 
Nicholas Elsey shall fitt and marke them by the standard and 
goe to the houses of those who have great weights w^h cannott 
w^h conveniencie be brought to the meeting, and what time 
the spend hi the aforesaid service, the treasurer is to pay 
them. And if any person or persons shall after the aforesaid. 


shall sell by any weight or measure not so marked as aforesaid, 
he or they shall be punished att the discretio of the Court. 

Whereas some have taken oflFence att the shepheards keep- 
ing his sheep and making a penne for them towards the Oyster 
river thinking they were wronged by itt, butt the order of 
Coui't the 21 of October 1644 being read, itt appeared thatt 
nothing was done butt by order of Court. 

Itt was ppounded thatt another ordinary might be sett up 
towards the water side, butt none was found fitt for the pres- 
ent, onely itt was left w'h John Livermore to consider off if he 
can be free & fitt to undertake itt. 

Itt was propounded thatt every souldier in the band may 
have a yeard of canvis for such vse as the captainc shall ap- 
poynt. Itt was allso propounded thatt a marke may be sett 
up in some convenient place for the company to shout att for 
some priz. 

Whereas the place where John Benham now makes bricks 
is w^in the compass of Mr. Eatons farme, and noe way to itt 
butt butt by water except through his ground, w<^h nevertheless 
hitherto he hath nott beene debarred of, but of late brother 
Benham having a purpose to inclose some ground there, the 
Governo'* Mr. Eaton lett him know itt would nott be conven- 
ient for him to have a farme w'hin his farme, whereupon the 
said John Benham propounded to the Court where he shall 
make bricks, butt nothing was determined concerning. 

Itt was ordered thatt a chist be made for the pikes and the 
great guns putt in readynes for w^h, according to a former 

A Gen*"^^ Court held the 20'*» of June, 1645. 

Whereas itt doth appeare there is need of sending forth 
some souldiers to strengthen Vncus agst the Narragansett In- 
dians, for the present and y^ some thing may fall out w<^h may 
occasio the sending of more men, itt was therefore ordered 
thatt the Governo'^ w'h the rest of the Court w^h the Captaine 
and Leivtenant as a coimcell of warr shall dispose and order 


all the military affayres untill the Gen'^^ Court for the juris- 
dictio shall settle some course concerning the same. 

A Court held the 1* op June, 1645. 

Wift Russells being ma' of a watch, for suflFering his watch 
to sleepe was fined 10*. 

The sentinell fined 5« and all the rest 1« a peece. 
John Hunter fined 5" for neglecting his watch. 
Sam Dighton and Anthony Stevens respited. 

A Court held the 5 op August, 1645. 

Rob* Abbott having his goates driven forth tcArards the 
keeper, butt were found in the quarter yett had done no dam- 
age, desired the judgm* of the Court whether he were lyable 
to pay 6** a head by vertue of the order agst goates. 

I Here the records cease to be in the handwriting of Thomas Fugill, and what fol- 
lows, as far as page 194, is in that of Richard Perrj'.] 

[104] At a Gen'i Court held at Newhauen the 18^ *» of 

August, 1645. 

Vppon a letter from the Governour* it was desired that 
some course may be taken for the common saftie in these ru- 
moiu's <fe tumults of the Indians. 

The gunnc smithes were desired to lay aside all other 
buissines & gett those gunncs repayred that are defective. 

Henry Pccke and old Bassett were desired to sett the great 
gunncs vppon good strong carryadges. 

The farmers that have butter and cheese were desired to 
keepe it in their hands, that in case the publicque service re- 
quire it, they may be furnished. 

All those that goe abroad in the woods or meddowes were 

* From Boston, where he was attending a meeting of the Commissioners of the 
United Colonies. 


desired to carry their armes w^h them, & to worke as neare 
together as may bee. 

It was desired that those that goe forth with the heards and 
flocks would carry their gumies w^h them & it was advised 
that 2 might goe w^h euery heard onn the Lords dayes. 

At a Gennerall Court held at Newhauen the 25**» op 

August, 1645. 

The court tooke it into serious consideration what should 
be done w^h farmes, but nothing was concluded about them 
but left to further consideration, only those that live at the 
farmes were desired to keepe good watch & be carefuU of their 
owne saftie, till there be more apparent danger and some fur- 
ther order concerninge them. 

It was debated whether the dischardging of a gimne in the 
towne, woods or meddowes,shalbe taken as an allarum dureing 
these times of danger, but it was left. 

It was propownded that those that have gumies most fit for 
service abroad, shall lend them to the souldiers that are to 
goe abroad. Also that those that have shoes & stockeings to 
spare, would furnish the souldiers w4i them, and Mr. Gregson 
A^ndertooke to see them satisfied for them. 

A Court held the 2*^ op September, 1645. 

Richard Catchman desired the justice of the court agaynst 
Thomas Hart and complayned that the said Hart carryed away 
his negroe servant from Virginia wUiout his licence, wherby 
he was damnified to the vallew of 2000 waight of tobacco in 
the price of her, besides what was dew to him from the said 
Thomas Hart for the service of the said servant for sundry 

Thomas Hart pleaded that the said Catchman did owe him 
a debt, & delivered a noatof severall accompts into the court. 

But because they wanted clearncs of evidence onn both 
sides, the court advised them to refferre it to arbitration, accord- 



ingly they chose Mr. Gregson and Mr. Malbon to arbitrate it, & 
if they cannot end it they desired Mr. Eaton the governour to 
vmpire it. 

Richard Catchman as aturney for Florence Payne in Vir- 
ginia demanded a debt of Mr. Hart w*^h hee the said Thomas 
Hart did acknowledge, but conceived that part of it was paied, 
if not all, but had not his proofe readdy, whereuppon it was 
respited that he may have time to make proofe ; in the meane 
time to lay in security to the court for the said debt till hee 
make proofe of the payment of it in Virginia. 

John Thomas for absence at a gennerall trayninge was 
fined 5". 

[105] A Court held at Newhaven the 6^** op October, 


Michaell Palmer complayned that Richard Beech did prom- 
ise to pay him a debt of 35« in beaver but had fayled. 

Richard Beech acknowledged the debt & his promise to pay 
beaver, but professed he could not gett beaver. 

The court ordered that Richard Beech should pay the debt 
in some other pay soe as it may equall beaver, to the said 
Palmers satisfaction (w^h damadges for forbearance,) before 
the next court, or clce an execution shall goe forth agaynst 

Arthur Holbridg hath sould to Mr. Malbon all his land in 
the neckc conteyningc two acres and thirty two rodds. 

Jeames Russell desired satisfaction of John Walker for 
damadge done in his come by his hoggs. 

John Walker pleaded that the fences Averc defective, where- 
vppon he was advised to Avarne those whose fences were de- 

Anthony Stevens for comming too late to watch, and w4iout 
bullets was fined 2^. 

Joseph Brewster and Joseph Cox were accused for drinkeing 
to excesse; Joseph Brewster confest that they had drunck 
sacke ui his fathers cellar out of the bung w^i a tobacco pipe, 
& in the chamber out of a bottle, and that they went after that 


to the ordynary, and there drank a quart of beare. Sister 
Linge testified that she saw them as they came from the ordy- 
nary & Joseph Brewster did lead Joseph Cox by the arme, & 
she speakeing to them asked whether Joseph Cox were drunk, 
wherevppon Joseph Brewster let him goe and then she saw 
him stagger & reele, & as slie conceived, being not able to goe 
nor stand as a man, he sit him downe vppon a blocke or logge 
by the pales, but could not sit as one sober, wherevppon she 
agayne said he was drunke, because he could not goe nor 
stand, and then Joseph Brewster called him to come to him 
w«h he did, but yet in a reeling mainer. Mrs. Evance and 
her mayd testified that when they fii'st saw Joseph Cox after 
this they could perceive nothinge that heo aylcd. 

The Court being fully satisfied in the evidence given by sis- 
ter Linge, and the Governour testifing that vppon examina- 
tion he had taken, they tould aboundance of lyes, espctially 
Joseph Brewster, the premises considered, the Court conceyved 
they deserved to be sevearly whipped, but referred it to Mr. 
Evance & Mr. Brewster to give them correction in their famy- 

At a Gennerall Court held att Newhauen the 22^** op 

OcTo: 1645. 

John Cooper & Joseph Nash were admited members of the 

Captaync Malbon & Captayne Turner were chosen deputies 
for the gemierall court for the jurisdiction. 

Mr. Malbon, Mr. Evance, Mr. Gibbard, Mr. Francis New- 
man were chosen deputies for the towne. 

Mr. Atwatter chosen treasurer. 

Mr. Goodyeare, Mr. Evance, Mr. Gibbard, Mr. Wackman, 
Mr. Francis Newman, & Mr. Atwatter were chosen to audit 
the accompts of the former treasurers. 

Thomas Fugill chosen secretarie . Tho"> Kimberly chosen 
m^ shall. 

The surveyours of the causwayes & bridges w*h their con- 
sent are to be continued another yeare. 


/ [10^] W^^' Lamberton propownded that he might have a 
peece of grownd neare his howse to sett a warehowse by the 
creeke and for a wharfe also, & he will give the towne soe 
much as it is worth, or if the towne be not willinge to sell it, 
if he may have it for the present, when there shalbe cause he 
will part w^h it vppon such tearmes as shalbe thought by indif- 
ferent men. 

Jaspar Crayne & Robert Seely are desired to joyne w*h the 
Court to view the said grownd^ & (if they see cause) to dis- 
pose of it to Mr. Lamberton, vppon such tearmes as shalbe 
thought meet by them for the publique good. 

The Governour complayned that he could not gett work- 
men to mend the mill, wherevppon it was ordred that the 
governour shall have power to presse men for that worke, & if 
any man be preingadged they shall goe onn w*h their ingadg- 
ments after the presse is satisfied or the work done for w^h 
they-are pressed. 

It was debated what order the miller should observe in 
grinding mens come, but left to the millers discretion & the 
rule of equitye. 

The Governour wished the towne to take notice that if any 
send baggs vnmarked, the miller will take noe chardge of 

Goodman Smith desired the court to take some order that 
his land may be layd out. The Governour wished the Court 
to consider whether they would confirmc their former grant 
to the said Smith or revoake or alter it, but it was respited to 
further consideration, because for the present he hath put of 
his sheepc. 

It was ordered that Goodman Deighton should burne the 
playnes w^h all convenient speede, takeing the fittest season, 
and tlicrfore every one should take warninge & secure their 
fences or what elce may be in danger. 

It was propownded to the court in case damadge be done in 
corne who shall beare the damadge, it was resolved they 
whose fences are defective, if the defective fences bee fownd. 

The Governour called vppon those who were defective 
though appoynted to veiw the Beaver Meddowes, & bro. Seely 


to know what was done in it, but their auswere was they had 
done notheing in it. 

Tlie marshall was desired to see the hooks and hinges of the 
towne gates least they be lost. 

At a Gennerall Court held the BO^h op Octob : 1646. 

Mr. Lamberton was chosen deptity in Mr. Malbons stead for 
the jurisdiction court, and Mr. Crayne deputy for this towne. 

[A General Court for the Jnrisdiction was also held on the 30th of October, 1645, 
at which the magistrates and comraissionerB were chosen for the year ensuing, as 
appears from the date of the commissions of the latter in the Records of the United 

A Court held the 4**» op November 1645. 

Bamfeild Bell being reproued by W™ Paine for singinge 
profane songs, answered & said, you are one of the holy breth- 
eren that will lye for advantadge. It was testified by the said 
W™ Payne & Joseph Brewster. Mr. Evance testified that it 
was his constant frame to reproach those that walke in the 
wayes of God. Tlie premisses considered the centence of the 
court was that he should be sevecrly whipped. 

Mrs. Brewster intreated the Court that the execution of the 
sentence may be respited till her husband come home, because 
he is her husbands kinsman. 

John Beech & Ambrosse Sutton being sent forth by the m' 
of the watch to walke the rownd went into a howse & layed 
them doAvne to sleepe, & soe neglected their trust, for w^h 
they were fined 5« apeccc. 

Mr. Leech beinge complayned of for not bringing his armes 
on the Lords days, his answere was that his man brings his 
armes for him, w^h was satisfymge. 

Thomas Clarke for totall neglect of his watch was fined 6'. 

Mr. Evance hath sould vnto Mr. Robert Newman & to Mr. 
Gilbert 67 ac : of vpland, lying betweene Captayne Turners 
farme and and the said Mr. Newmans farme. 


[107] At a Coukt held the ^ of December l&lo. 

Thomas Bobinson was chardged for remoneing some land 
marks in Mr. Hooks & setting new stacks in W« Fowlers 
meddowe haveing hired in the meddow adjoyninge some grasse 
for this veare. 

He pleaded that he Tsed the best meanes he could to find 
the range. Richard Miles testified that he gave such exact 
directions that he could not- misse the bowndes of Mr. Hooks 
meddowe, if he observed the range of Mr. Gregsons fence on 
both sides of the meddowes. 

Thomas Barnes also testified that Thomas Bobinson did 
remove a stacke though he advised not to doe it. W™ White 
testified that when he went to mowe in Mr. Bracyes meddow 
there was new staks sett, and that bro : lues tould him if hec 
did mow by those staks he should cutt crosse brother Fowlers 
meddow. George Smith testified that after Thomas Robinson 
had bin sicke, haveing some meddow to cutt, he said if he had 
bin well he would have made them goe nearer together, mean- 
ing he would have cutt more then was left him or was dew as 
was concejued, for w<^h vnrighteousnes in disturbing the pub- 
licque peace, he was fined 40« to the publicque & ordered to 
set the staks right at his cbardge. 

Captaync Turner informed the court that Mrs. Stolion hath 
complayned to sundry persons that he made a bargaine wHi 
her for cloth for w<^h shee accepted cowcs, but was disapoynted 
to her great damadge, & therfore he desired she might shew 
what cause he had given her soe to doe. 

Mrs. Stolion pleaded that the captayne came to her bowse 
to buy some cloth, chose a peece of 20s a yard, and said he 
would have sixc yards of it, and Mrs. Stolion should have a 
cow, and both aggreed to have her prized by some indifierent 
men ; the captayne said alsoe that he had neede of more cloth 
& commodityes to the vallew of 12^ & told her she should 
have 2 cowes, and she said when her son came home he should 
come & chuse them ; accordingly when her son came home he 
wont to the captaync, chose 2 cowes, and when ho came home 
he tould her the captayne would come the next day & speake 


w^h her, but came not according to his pmise, and though she 
sent to him yet he came not. 

The captayne said he did really intend to have had some 
cloth and that she should have a cowe, and when Mr. Stolion 
came to chuse one of the best cowes he had, and Mr. StoUion 
told him he might as well let his mother have 2 cowes, for she 
had neede of cowes and the captayne had need of cloth and 
commodities, wherevppon the captayne let him chuse another 
cow & set him a prise, namely 12'. Mr. Stolion said he would 
give but 10^, the captayne told him he would abate 10". 
Mr. Stolion said he would give noe more but 10^, they parted 
and the captayne promised he would come and speake w^h his 
mother, but because he could not well goe to Mrs. Stolion, & 
haveing heard of the dearnes of her commodities, the exces- 
sive gayncs she tooke, was discouradged from proceedinge, & 
accordingly bid his man tel her he would have none of her 
cloth, and nameing sundry perticuler instances of commodi- 
ties sold by her at an excessive rate, left it to the consideracon 
of the court whether she had not done him wronge in com- 
playning of him, and if she might not be dealt w^h as an 
oppressor of the common weale. 

The court conceyved the captayne was to blame that he 
did not goo to her according to his promisse, espetially that 
after he heard she was vnsatisfied he did not attend her satis- 
faction, but w'hall that the captayne might justly offer it to the 
consideration of the court whether such selleinge be not extor- 
tion and not to be sufferred in the common weath. 
[108] II 1 The captayne complayned that she sold some cloth 
to W™ Bradly at 20^ ¥ yard that cost her about 12«, for w^h 
she received wheate at 3* 6*^ ^ bushell, and sold it presently 
to the baker at 5" ^ bushell who received it of W™ Bradly, 
only she forbaring her monny 6 monthes. 

2 That the cloth w^h Leiut Seely bought of her for 20- ¥ 
yard last yeare, she hath sould this yeare for 7 bushells of 
wheate a yard, to be delivered in her chamber, w^h she 

3 That she would not take wompom for commodityes at 6 


a penny ihougfa it were the same she had paid to others at 6, 
but she would have 7 a penny, as Thomas Robinson testified. 
4 That she sold primmers at 9^ apeece w^h cost but 4*^ here 
in New England. Thomas Robinson testified that his wife 
gave her 8^ in wompom at 7 a penny, though she had but 
newly received the same wompom of Mrs. StoUon at 6. 

• 6 That she would not take beaver w<^h was m'chantable 
w'h others at 8* a pownd, but she said she would have it at 7* 
and well dryed in the sun or in an oven. Leiut. Seely, the 
m'shall & Isaacke Mould testified it. John Dellingham by 
that meanes lost 5" in a skiime (that cost him 20* of Mr. 
Eivance and sold to her,) viz^ 2' 6^ in the waight and 2* 6^ 
in the price. 

6 She sold a peece of cloth to the 2 Mecars at 23* 4^ p 
yard in wompom, the cloth cost her about 12" ¥* yard & sold 
when wompom was in great request. 

7 That she sold a yard of the same cloth to a man of Con- 
necticott at 22' p yard, to be delivered in Indian come at 2" p 
bushell at home. 

8 She sold English mohejre at 6« V yard in silver, w^h Mr. 
Goodyeare and Mr. Atwater affirmed might be bought in Eng- 
land for 3" 2^ ¥ yard at the vtmost. 

9 She sold thridd after the rate of 12« ¥ pownd w<^h cost 
not above 2« 2^ in old England. 

10 That she sold needles at one a penny w^h might be 
bought in old England at 12** or IS** ^ hundred, as Mr. Fran- 
cis Newman affirmeth. 

The Court seriously weighing all the perticulers chardged 
agajrnst Mrs. Stolion, conceived that the nature and aggrava- 
tions of the aforesaid chardges was proper for a court of mag- 
istrates to consider off, and therfore respited and refferred it to 
the Court of magistrates to be held at Newhaven the last Mun- 
day in March next. 

Stephen Medcalfe complayned that he going into the howse 
of John Linley, Francis Linley, his brother, being in the howse 
told liim he would sell him a gunne, the said Stephen asked 
him if it wore a good one, he answered yea, as any was in the 
towne, whercvppon they bargajned, and Stephen was to give 


him 17«. As Stephen was going out of dores he questioned 
the sufficiency of of the locke, Francis told loim indeed John 
Nash told him she was not wC^th 3^, but for his part he did 
not vallew it worse for that, for smithes doe not affect olde 
gimnes, for he knew one gunne w*^h John Nash disprajsed w^h 
is a good one for all that, soe Stephen went home & afterward 
dischardging the said gunne the brich flew out & struck into 
his eye and wounded him deepe and dangerously into the 

Francis Linlcy pleaded that he told Stephen that John 
Nash told him that the gunne was naught, that it was not 
worth 3<*, that the barrell was thinne and would not beare a 
new britch, and advized Stephen to secure her well and if he 
tryed her to put but a little chardgc hi her. 

Mr. Gregson and John Nash testified that when he was 
examjned before Mr. Gregson, Francis Linley denyed he had 
told Stephen that the barrell was thinne and would not beare 
a new britch, that it was crackt on one side from the britch to 
the touch-hole. 

[109] II John Nash testified that he tould Francis it was a 
very naughty peece, not worth the mendinge, & yet he prest 
him to mend it as well as he could & let it be as it will, he 
told him moreover that the barrell at the ])ritch was as thin as 
a shilling, crackt from the britch to the touch-hole, and would 
not beare a britch, and after he had mended it, he tould liim 
he would not give 3*^ for it, and to his best remembrance, he 
saith, he tould him he would not dischardge it for all New- 
haven, for it would doe some mischeife. 

Richard Myles also testified that he heard John Nash speake 
much of her badues & vnserviceablenes to Francis Linlcy. 

John Linley being demmanded why he was taken wHi sucli 
a quakeinge and trembling when Stephen was going to shoote, 
he said he did not quack nor tremble. 

Thomas Clarke testified vppon oath, that John Linley tould 
him when he heard Stephen dischardge the gumie that he was 
affraid he had hurt himselfe. 

Goodwife Fancy testified, that John Linley came oft times 
to speake wUi Stephen, when he thought he lay vppon his 



death bedd, to know if he would cleare his brother, for he 
said he feared he had liard thoughts of his brother concerning 
the gun. Mr. Pell confirmed her testimonny. Richard 
Beech aflfirmed that Francis oflFered him that gun to sell & 
demanded 20", telling him to his best remmembrance that it 
had a new britch. 

The court considering the premises, the great damadge 
Stephen Medcalfe had susteyned in the losse of his eye, w*h 
the losse of his time & the great chardge of the cure, Mr. 
Pell aflSrming it was worth 10*, ordered Francis Linley to pay 
to Stephen Medcalfe 20* damadges. 

Brother Thomas Nash for his sons absence at a gen** trayn- 
ing pleaded his necessity of buisines in fetching home his hay 
by watter & that he could gett noe other helpe at that time, 
but the court judged his plea conmion to others & ordered 
him to pay his fine. 

Mr. John Evance pleaded that wheras he had hired John 
Basset & his wife to be seiTants to Mr. Goodyeare in New Eng- 
land, vppon condition that if Mr. Goodyeare did not accept of 
him he should be at liberty, only pay to the said Mr. Evance 
the monnycs w^h he hath disboursed for him & his wife both 
for their transportation & other occasions, Mr. Goodyeare did 
not accept of their service, & yet the said Basset refiiseth to 
pay him the said monnyes. 

John Bassett pleaded that their was noe such covenant. 
Mr. Evance produced a noat vnder his owne hand w<^h implyed 
such a covenant, Basset acknowledged his marke but said he 
never heard the note read though he set his hand to it, yet he 
said if Mr. Evance would take his oath of it he would submit. 
Mr. Evance answered he made sufiicient proofe of it by 2 wit- 
nesses, and one of them vppon oath, (& deliuered an affedavit 
into the court,) of John Ogdcn, taken before Mr. Eaton Gov- 
ernor', in which John Ogden rclateing the aggreement betwixt 
Mr. Evance & the said Basset sweres expresly, that if Mr. 
Goodyeare doth not accept of him and his wife they were to 
pay Mr. Evance what he had layd out for them, & so be free 
to dispose of themselves, yet was willing if the court pleased, 
to make oath of it, but the court tould John Basset that Mr. • 


Evance needed not to doe it haveing proved by 2 witnesses, 
and one of them vppon oath ; at last the said Basset said he 
would reffer it to the Court, let them doe as they pleased. 
[110] II It was aggreed but vppon further discourse betweene 
the parties themselves that John Bassett should piay vnto Mr. 
Evance 11^ 7" w*^h is the debt demanded & sumc disbursed, 
(Mr. Evance being willing to take notheing for consideration,) 
w*^h sume the said Basset promised to pay at 2 certayne dayes 
viz*, the one halfe at midsommer next enscwing, and the 
other halfe w^hin 6 monthes after that. 

Brother Wackman & bro : Miles reported to the court that 
they had (as the court desired them) viewed the clay pits 
way and the fences adjoyninge, in reflFcrcnco to the difference 
betwixt Mr. Malbon & Mr. Caffinch, and fownd that the way 
to the clay pitts was to lye open, but the quarter that lay on 
the one side could not accomplish their part of the fence, 
and therfore haveing planted, were forced for safeguard of 
their corne to make a fence crosse the said way w*h rayles, w<^h 
way the other quarter driveing their cattle, & somtimes leav- 
einge oppen the rayles & somtimc breakeing them, much dam- 
adge hath bin done by cattle and hoggs, whereuppon the court 
determined that the quarter that should have fenced & did 
not, must bearc the damadgc, and those that have trespassed 
in breakeing & leaveing open gates or rayles shall contribute, 
and desired the afforesaid committee to take some more paynes 
for the setling of it. 

Brother Crayne desired the judgment of the court concern- 
ing damadge done in his corne by Mr. Caffinch's hogs w^h he 
fownd in the corne and brought home to his howse requiring 
satisfaction of him & he rcfussed to give him any. The court 
ordered that Mr. Caffinch pay the damadge till he pay the de- 
fective fences. 

Jarvis Boykin complayned that sundry fences about their 
quarter are defective, and he hath told the owners of some of 
them, & some they know not to whome they doe belonge. 

The court advissed they should get the fences measured and 
cast vp euery mans proportion, and then they may know 
whose it is, that it may be mended to prevent future damadge ; 


and to put an cud to the wrangles about the fences belonging 
to the vacant lotts, it was ordered, that brother Andrcwes 
and brother Mun.son shall veiw them all, and allow those that 
made them soe much as they were worth when they were sett 
up}), and the quarters to gctt the said fences well & substan- 
tially made as si)eedily as may l>ee, and in the meane time 
they shalbeare all damadges themselues w<^h come by the bad- 
ncs of the said fences. 

Hannah Marsh complayned that Mr. Brewster called Bil- 
lingsgate slutt, and that she was sent for on shipboard to play 
the slutt. 

Mr. Brewster confest he l>eing much provoaked and disqui- 
eted by her frowardnes and brawling on shipboard, did call her 
slut & Billingsgate slutt, and said he hoped she would dance 
about the whipping post, and affirmed that Mrs. Norton at 
Charlstowne told him that a seaman was speakeing filthy 
words to her the said Hannah, and would have had her goe 
on shipl)oard, being asked what to doe, he said to play the 
slutt, George Walker testified he heard Mrs. Norton speake 
what Mr. Brewster hath affirmed. 

Mr. Brewsters mayd and Mr. Lambcrtons maid testified that 
the said Hannah Marsh was very froward and contentious & a 
cause of much contention and vnquictnes amongst them as 
they came from the Bay. 

When the governour had showne what was the ordynary 
accci)tation of Billingsgate slutt, namely that some that were 
soe called were convicted scolds and punished at the cuckeing 
stoolc for it, & some of them chardgcd w'h incontinency, 
[111] II Mr. Brewster said he had sufficiently proued the 
one true, <fe he would not acquit her in the other, being asked 
what grownd he had to lay such an implicit chardge vppon 
her, he said he had notheing at all agaynst her but what he 
gathered from Mrs. Nortons words. The court told he ought 
to acknowledge his fayleing & soe rcpaire her reputation as 
much as he may. At length he did acknowledge he was too 
blame & said he was sorry he had spoke soe rashly, and that 
he intended noe such chardge agaynst her. The court also 
according to the evidence reproued Hannah Marsh for her fro- 


ward disposition, rcmcmbring her that meekncs is a chojse 
ornament for weomen, and wished her to take it as a rebucke 
from God, and to keepo a better watch over her sperit here- 
after, least the Lord proceede to manifest his displeasure fur- 
ther agaynst her. 

Hannah Marsh did acknowledge it had bin some trouble to 
her that she had bin soe froward and contentious to the dis- 
quiethig of others, & hoped it should be a warninge to her for 
time to come. 

A Qennerall Court held the 8*^ qp December, 1645. 

Brother Fowler & Thomas Knowles vppon some vrgent oc- 
casions were dismissed w*h the leave of the court. 

Mr. Malbon late treasurer, vppon the casting vp of his ac- 
compts acquaynted the court that the towne was much in- 
debted to himselfe & others & propowndcd that some course 
might be taken by the court for the payment of the said debts. 
The court considered how heavy the publique chardges grew, 
that most of them have bin expended for the publique safly 
and about things of common public vsc, whcrin all that live 
in the plantation have a like bcuifit in their proportions, and 
yet many live in the plantation & have nianny priveledges in 
it have hitherto borne noe part of those publicque chardges, 
wherevppon it was debated whether or noe in equity such 
should not be rated some way or other for time to come, so as 
those that have borne the whole bui'dcn hitherto may be 
cased; but because it was not ripe for an issue, the court 
refferred it to the Governor magistrates, deputies w*h elder 
Newman, the 2 deacons, Mr. Cheevers, bro : Miles, bro: Clarke, 
bro: Anthony Thompson & bro: Munson as a committee, to 
consider & digest the said case and report to the court rates 
they conceive such persons ought to pay towards the former & 
future publique chardges. 

And forasmuch as the publique occasions require that a 
rate should be levied forthw^h, it was ordered that all the 
rates alreddy due and the rates due in Aprill next shalbe paid 
into the treasurer at his owne howse w^hin one month after 

182 NSW HAVEBT COLONY RE(X«]>S. [1645 

the date hereof, in monny, beaver, wampom or come, in good 
wheate at 4« ^ bushell, in rye & pease at 3« 4<* V bushell, and 
if any pay in Lidian come at 2« 8<* ¥ bushell w^hout assigne- 

Whereas by an order formerly made for the incouradgment 
of those that kill woolues & foxes 15" was allowed for a 
woolfe, & 2» 6*^ for every fox they killed, the court considering 
that none make it their buisines to attend it, thought that 
allowance to much, and ordered that the treasurer shall pay 2 
pownd of powder & 4 pownds of shott or bullets for euery 
woolfe, and l"for euery old foxe & sixe pence for every 
yonge one, to those that shall kill them. 

The court' declared their apprehensions that the 2* to be 
paid to the secretarye for alyenations should be accompted as 
part of his 10^ salery, but reffered it to the afforesaid conmiitee 
to consider what is meet to be allowed to the secretary and 
marshall themselues out of the said alyenations, and of the 

[112] II It was ordered that every one that comes to enter an 
action or an allienation in tlie court pay to the secrettary (be- 
fore any such entry) the fees ordred by the court, and that 
euery one that shall bring a warrant or attatchm^ to the mar- 
shall shall pay to him the fees due for the same before he exe- 
cute the same. 

The Governour propownded to the court whether they 
would confirme their former grant to Goodman Smith in 
refference to his sheepe, or such part of it as might bee con- 
veynient for him & his famyly, w^h occasioned a lardg de- 
bate, and sundry questions were put to Goodman Smith, both 
about the quantityc of grownd he desired and keepeing sheep 
for the townes benifit. 

Goodman Smith declared that he would not be content w^h 
5 acres of meddow, nor would he be tyed to keep any sheepe 
but his owne, at w^h the court was offended, because his 
promise to kcepe other mens sheepe was the grownd of their 
former grant. In conclusion, the former conditional grant 
being voted, was by this Court revoaked. 

Mr. Gibbard desired to know where their quarter may have 


their 2^ devission. It was, they must let the survay goe on for 
all the quarters, & that then the Cou't would consider where 
they, and others that want grownd, may be accomodated. 

It was ordered that wompom shall goe for currant pay in 
this plantation in any payment vnder 20", if halfe be blacke 
k halfe be white, & in case any question shall arise about the 
badnes of any wompom, Mr. Goodyeare shall judge, if they re- 
paire to him. 

It was ordered the miller shall grinde all the grists that is 
brought to the mill by course as it comes in order." 

Brother Potter made an offer to carry every mans grist from 
their howses to the mill & bring it home againe to their 
bowses for 2^ ^ bushell, but that was respited. 

It was propownded by Mr. Malbon that our pastor's lott may 
be fenced at a common chardge, & for his part he would cart 
all the stuffe ; it was gennerally approued, the governour de- 
sired all those that could and were willing to helpe, that they 
would repaire to Mr. Malbon & he would direct and order the 

It was ordred that Mr. Pearce in respect of some weaknes 
of boddy & some service he is appoynted to doe in giveing 
out and laying vpp the pyks from time to time, shal be freed 
from trayning & watching also in his ownc person, only he is 
to find a man to watch for him at his owne chardge. . 

The comitee that viewed brother Seclys meddow reported 
that for the present some of it is vnvscfuU, but conceive w^h 
chardg it may bee improved. 

It was ordered that Phillip Leake shall have land layd out 
according to his proportion, on the cast side among the small 
lotts and that then the land shalbe layd out in such a forme as 
may be vsefuU for them and may also suite the townes con- 

Brother Browne desired he might have 3 acres of land out 
of Mr. Brownings proportion in the Oystershell feild, Mr. 
Browning bcinge willing, it was reffered to the commitee to 
order as they shall se cause. 

It was ordered that bro: Preston shall keepe the pownd in- 
stead of bro : Eimberly . 


Because the court could uot now determine any thing con- 
cerning fences, & Cap* Turner may probably be gone before 
another court, he desired the court to take notice that he hath 
had much damadge done both in his corne & meddowes by 
reason of those that drive hoggs that way & have noe land 
there & the leaveing open a gate w«=h Dauid Atwater should 
mayntayne, he complayned also that some drive their oxen & 
dry catle towards his farme soe that his cowes want food. 

[118] A [ ] 

Richard Beech hath sould his owne howse to bro: W"' 
Pecke & whereas the said howse was sugadged for the securitye 
of the portions of the children of Andrew Hull, (whose widdow 
he marryed,) in liew thereof he hath now ingadged his howse, 
barne, cellar & well, vallewed at 40* w^h the 7 acres of land 
on w^h it stands, the howse, barne & celler being compleatly 
finished being built w^h bricke & stonne as he promiseth & so 
kept in repaire & the land in hart for securitye of the portions 
of the said children. 

The diflfereuce betwixt W*" Burret of Copcage & Henry 
Whelplcy of the same, (because they were deflfective in poynt 
of proofe on both parts,) was rcfferred by consent of both par- 
tyes to Goodm" Groucs, John Hurd, Goodman Judson and 
Goodm° Shirman to ai'bitrate & end if they can, if they can- 
not Alexander Knowles was chosen by them both to umpire it. 

Georg Warde havcing bin twice warned to the court but 
appeared not, now appearing, for liis contempt was fined 10% 
and was chardged wUi slandering Mr. Davenport, saying that 
Mr. Davenport told him that he had not any hand in the trade 
of Delaware, wheras Mr. Davenport said he did not medic wMi 
the mannadging of any tirade, as was testified by some of the 
court that heard him. 

He pleaded that he apprehended Mr. Dauenport had denycd 
that he had any thing to doe in the trade, being asked why he 
would not goe to Mr. Davenport or some other that could 
satisfie him before he did slander him in other plantations, he 
answered he did not intend to slander him. The slander being 


of soe high a nature considering the person slandered that the 
court thought it meete to reflFer it to the court of magistrats 
to be held in Aprill next & therfore let him know that he 
must appeare at that court and answere the said slander. 

Mr. Rotherford to Mr. Malbon all his land in the necke. 

Mrs. Eaton hath sould to Mr. Pery all her land & propriety 
in this towne w*h all accomodations whatsoever therevnto be- 

Wheras the estate of Thomas Trowbridge hath bin attatched 
to satisfie his creditors, Mr. Evance offered 100^ for the howse 
and howselott wUi al the accomodations therevnto bclonginge, 
it was debated but not issued. 

A Generall Court held the 23^ of February, 1645. 

Tlie governour declared to the court that the commitee had 
now audited all the towes accompts, (from the begining til 
October last,) and find them right, only they are not satisfied 
about the chardge of the seatcs in the meeting howse, soe that 
if that worke bee not cleared to the auditc^s some other work- 
men must judge what the worke is worth, and that the towne 
is yet indebted soe that probably there wilbe neede of a new 
rate, but that's respited. 

Alsoe that the orders have bin veiwcd & they conceive that 
the fees of the court had neede to be increased, viz'', that the 
marshall receive for every warrant 8^, and for every atatchni* 
1* before he execute them, and to have J part thereof for his 
paynes therin & for gathering the fines due to the court, and 
the rest to be accompted vppon his wages to the treasurer, also 
that 3" 4^ be hereafter payd for every action that is entred, 
and 2» for every alienation, both to the treasurer for the ease 
of publicque chardge. 

It was ordered that those who are admitted freely as planters 
into howselotts shall have planting land sixe acres for a single 
person, eight acres for a man and his wife & one acu'e udded 
for each child at present, & shall pay 2^ an acre from October 
last for all their lands in the playnes & beyond the east river, 
and that such as are admited planters in the towne, but either 



desire noe land, or accept not what is allotted shall pay 1" a 
yeare a peece towards publicque chardges. The land which 
shalbe layd out to them to be either at the further end of the 
great playnes, soe farr as the land w^hin the fence wil reach, & 
the rest onn the east side, so as may be most conveynient for 
them & not prejudiciall to [the ^ & they,] 


[ ]e townc and enjoy [ 

] Mr. Godfrey, and Stolion, it was 
ordered that Mr. Leach shall pay 40« ^ ann, Mr. Godfrey 20» 
V an, and Mrs. Stolion 20* ¥ an, from the latter end of Octo- 
ber last past towards publique chardges. 

It was propownded to be considered whether those that have 
bought bowses & have noe land should not have some land 
layd to them as the rest of the small lotts have, but it was 

It was desired that men would be moderate in keepeing 
cowes'A hoggs least the court be constrayned to lay some 
restraynt vppon them. 

It was ordered that if any man (after this day month) shall 
find any hoggs vnyoaked & vnringed, either in any cornc feilds 
or mcddowes belonging to the townc and designed for mens 
proprietyes though not layd out, he shall vppon due proofe in 
court receive of the owner 6^ a peece, & the keeper of the 
pownd is to have 1*^ a head more if they be brought to the 
pownd, & the owner is besides to make good all the damadge 
done by them. 

It was ordered that the old orders shall stand in force con- 
cerninge fences, and the veiwers be continued as before. 

It was ordered that brother Wackman and brother Gibbard 
shall goe w'h brother Brocket to se the lott belonging to 
Thomas Fugill at the West rocks measured & surveyed & 
report to the court what distance it is from the center & what 
quantitye of land there is. 

It was. ordered that bro. Atwater, the treasurer, bro: An- 
drewes & brother Munson shall prize the frame that was pro- 
vided for an inne, (& w*h the approbation of the govern"^,) sell 

* About two lines are torn from the top of this page. 


it or dispose of it as they can for the townes best adyantadge 
to bro : Francis Newman or others w<^h may have occasion to 
vse the whole or part of it. 

It was ordered that if any goats shalbe fownd in any street, 
way or lott, in or about the towne w^hout a keeper, the owner 
shall pay 6** a head to him that pownds them, halfe whereof 
he is to have for his paynes & a 1*^ a head to the keeper of the 
pownd ; if he himselfe pownd them he is to have 4^ apeece, the 
other 3<* a peece is to bee paid to the treasurer. 

It was by the Qoverno*^ propownded alsoe, whether the dep- 
uties may be chosen once a yeare as the magistrates and other 
officers arc, and that the treasurer may allwayes be a deputy 
to sit in court to see to the gathering of fines and fees, w<^h was 

Also whether the millitary affayres of the towne may be 
comfortably carryed on w^hout a captayne, or whether it were 
not conveynient to chuse a captayne instead of Captayne 
Turner, not knowing when he will returne ; after some debate, 
Mr. Malbon was chosen captayne w^h liberty to resign his 
place to captayne Turner at his returne. 

It was ordered that dayes of gennerall traynings shalbe the 
first 2^ day in March, Aprill, May, June, August, September, 
October & November, w^h proviso if there be cause in respect 
of harvest or vnseasonable weather the magistrates w^h the 
cheife military officers may alter or change a day as they judge 
meete for the publicque good, and if any second day appoynted 
for traynings prove wett & soc hinder the service, the next 
second day being faire shalbe a trayning day. 

It was ordered that the squadron traynings shalbe as neare 
as may be about the midle betwixt the 2 gennerall traynings 

every month. 

It was ordered that the next 2^ day shalbe a gennerall view 
of armes, and soe once a quarter as was formerly ordered. 

It was ordered that the artillery shall goe on according to 
their owne orders formerly read in court & approued. 

It was propownded that all the fines for absence & late com- 
minge to the genn^^ traynings and squadrons &c shalbe allowed 
the military company to bee disposed of by the officers in pow- 


der or otherwise for the iucouradgement & helpe of military 
service A discipline. 

It was propowuded that those of the trayned band who are 
growne to some good measure of skill and dexterity in the 
military art might have some incouradgement by ease or lib- 
erty, but respited. 

It was ordered that brother Browne shalbe left to his liberty 
to come to the geimerall traynings as the occassions of the ferry 
(his man being lame & not able to carry on that service at all 
times) will permit. 

[115] II It was ordered that 3 acres of land in the Oystershell 
feild, out of Mr. Brownings part shalbe layd to the ferry w^hout 
rent dureing the courts pleasure & that Mr. Browning shall 
have just consideracon allowed for it out of his rent dew to the 
towne for the rest. 

It was propownded that a bridge may be made over the east 
river in the way to Connecticott. 

Bro: Andrewes, brother Munson, brother Bradley, Richard 
Mansfeild wUi John Tliomas are appoynted to view the said 
river & consider in what place & how w% the least chardge 
it may be most conveynient & commodious to suite the end 
propownded & report to the govcrnour & magistrates what 
their apprehensions are concerningc it 

Forasmuch as much damadge hath come to the quarters 
adjoyniuge to the Oystershelfeild by some mens lots being 
vnfenced, as namely W™ Payne & W«» Blayden, the courts 
called vppon them to gett their lotts fenced & gave them leaue 
to take some of the trees on the common w<^h the tann'^s have 
felled for barke, but in the meane time they are to pay for all 
damadge w*^h comes by their default. 

It was propownded whether the towne or those that live by 
the seaside shall mayntayne the high-way before their lotts. 
The surveyors of high-wayes were desired to view it & also 
the wattercourse in the streat by Mr. Gilberts, & report to the 
court how they find them. 

It was ordered that brother Brockett shall survey the med- 
dow betwixt the two rocks onn the farr side of the harbour to 


see if it will accomodate brother Seely & brother Whitnell,both 
whose meddow is soe bad as not to be improved w*h any toller- 
able chardg for their advantadge, and report what quantity 
there is of it that the court may consider & order tlierein. 

Joseph Pecke & Goodman Hitchcocke propownded that they 
might have each of them a small lott by the creeke neare 
brother Pecks yard. Bro : Crayne & bro : Myles are desired 
to view and report to the court if it may accomodate them & 
suite the townes conveynicncy. 

Mr. Evance haveing aggreed w^h refference to the creditors 
for Mr. Trowbridg his howse, desired the court to grant him 
the cellar belonginge to it to build a warehowse vppo it, it was 
granted, provided that the ware howse exceede not 20 foot 

It was propownded that Mr. Davenports may be fenced as 
speedily as may be, & for that end it was desired the next 
trayning day every quarter may be spoken w^h to know what 
euery man will doe, and that they would appoynt a time for 
tlie speedy carrying on of the worke. 

The court w^h elder Newman & the two deacons are desired 
to place men in the meeting howse. 

It was ordered that the last ycarcs orders concerning the 
Nccke shall still stand in force vnder the penaltie as then 

Brother Liyermorc hath liberty granted to cut wood in the 
nccke, but was desired to advise wUi such as can informe him 
how he may so cut it as to cause it to dye. 

The treasurer acquaynted the court that the last rates are 
disposed of, & yet the treasury is emptie and indebted, desire- 
mg the court to consider how it might bee supplyed to suite 
the present occassions of the towne, wherevppon those that are 
indebted were desired to make payment forthwith, least they 
be warned to the court & soe bring further dammadge vppon 

The peece of grownd brother Mitchell propownded for, is 
reflFerred to bro : Miles and brother Davis to view, and informe 
the court whether such an addition to him may not hinder 
some other planter wl\o might have his proportion there. 


Ooodman Plat desired that his second devission may be layd 
out & if it might be he would have it beyond Mr. Malbons 
meddow by the sea side, it was ordered that the survay may 
goe on that he w^h others may have their land as it fals. 


[Here follows the revision of such orders as were designed to be of a more perma- 
nent nature, which the General Court, Feb. 24, 1644-6, beginning to lose confidence m 
Fugill's integrity, appointed a committee to see effected.] 

[116] In the layinge of the first fowndations of this planta- 
tion and jurisdiction, vpon a full debate w'h due & serious 
consideration, it was aggreed, concluded & setled as a funda- 
meutall law, not to bee disputed or questioned liereafter, that 
the judiciall lawes of God, as they were deliuered by Moses, 
& expownded in other parts of scripture, so farr as they are a 
fence to tlie morrall law, & neither tipicall, nor ceremoniall, 
nor had reflFerence to Canaan shalbe accounted of morrall & 
binding equity and force, and as God shall helpe shalbe a con- 
stant direction for all proceedings here, & a gennerall rule in 
all courts of Justice how to judge betwixt partie and partie, 
& how to punish oflFenders, till the same may be branched out 
into perticulers hereafter. 

And for the due carrying on of all affaires according to 
God, it is also agreed, concluded & setled for a fundamentall 
law as aforesaid, that noe man of what degree or quality soever 
shall at any time be admitted to be a free burgess w'hin this 
plantation, but such planters as are members of some or other 
of the aproved churches of New-England, nor shall any but 
such free burgesses have any vote in any election, nor shall 
any power or trust in & for the ordering of any publicque civill 
affaires, be at any time put into the hands of any other then 
such members, though as free planters all have right to their 
inheritances & to coinerce, according to such grants, orders & 
lawes as shalbe made concerning the same. 

^Ul free burgesses wMiin this plantation, admitted as before is 
expressed shall have vote in every gennerall election court for 
this jurisdiction, in the choyce of all magistrates for the juris- 
diction, whether governour, deputy governour or other magis- 
trates, w*h a treasurer, secretarie & marshall, who shalbe 
yearly chosen on the last Wenseday in October ; they shall 
also have vote in the chojse of deputies for the jurisdiction 
generall court so oft as it shall assemble, whether in an ordy- 
nary course or vppon cxtraordynary occassions, & in the elec- 
tion of other officers for the plantation, as in the choise of fit 
and able men from among themselucs, being church members, 
who shalbe called deputies, & shall asist w^h the magistrates 
of this plantation m a monthly plantation court, w^h is to sit 
every first Tewsday each month at nine of the clocke in the 


forenooue, to heare A determine all causes brought before 
them, whether civill or criminall, according to the light of 
scripture as before exprest, but this plantation court to bee 
regulated in the vallew of causes & nature of the punishm** 
to the orders w<^h are or shall be made by the generall juris- 
diction court, & in all these plantation courts, sentence shall 
passe according to the vote of the major part of magistrats & 
deputies present, but if the parties or either of them be not 
satisfied w^h the justice of any such sentences or executions, 
appeales or complaynts may be made from or agajnst these 
monthly perticuler courts to the court of magistrates for the 
jurisdiction, according to the generall courts order in October 
1643. They shall also from among themselves choofe all mil- 
litary officers for this plantation, as captayne, leiu tenant, 
ensigne, Serjeants, corporalls &c. and make lawes & orders for 
generall traynings, artillery exercises, squadron traynings, 
veiw of armes, watchings, comming armed to publicque meete- 
ings, deviding of inheritances in this plantation, purchaseing 
lands of the Indians, ordering of fences, stinteing of comons, 
ordering and keepeing of cattle, preventinge dangers by fire or 
water, & gennerally in althings w^h only concerne this planta- 
tion, & are not contrary vnto either to the fowndation before- 
said, or to some artickles in the confoederation w^i the coUo- 
njes, or law or orders of the jurisdiction generall court. 

It is ordered that every planter give in the names or number 
of the heads or persons in his famylye (whcrin his wife together 
wUi himselfe & children only are to be reckoned,) wMi an 
estimate of his estate, according to w^h he will both pay his 
I)roportion in all rates & publique chardgcs, from time to time 
to be assessed for civill vses, & expect lands in all devissions 
w<^h shalbc generally made to the planters, w<^h was accord- 
ingly don. 

Vppon due <fe serious consideration how the scverall plant- 
ers, according to their different estats and famylies, at present 
might be accomodated wMi grownd, both vpland and mcddow, 
it is ordered that in the first devission, w^h is to be made of 
vpland w^hin two miles of the towne (a place called the Nccke 
being all or the greatest part w'hin 2 mile not reckoned,) eueiy 
planter shall have, after the rate of five acres of land for euery 
hundred pownds in estate & for euery person or head in his 
famylye reckonned as before, two acres & a halfe of land & fur- 
ther that every planter shall have in the necke afforesaid after 
the rate of one 100' in estate, & halfe an acre for every person, 
& the meddow belonging to the towne being duely considered 
& estimated it is ordered that euery planter shall have after 
the rate of five acres for every 100^ in estate, & halfe an acre 


of meddow for every person, & iu the second devission of 
vpland lying wUiout & beyond the two miles from the towne, 
it is ordered that [every planter shall haveJl after the rate of 
twenty acres for every 100^ in estate and [for every head two 
acres and a halfeJl 

[ ] expended in the first veiw of this 

towne [ ] lands from the 

Indians [* 

[117] II for euery 100^ w^h yet falling short to defray ueces- 
sarie & publique chardges, a rate of 200^ was granted & levied 
vppon the planters, halfe vppon estates, w^h came vnto 5« 10**^ 
F 100', & halfe vppon land in the first devission in the necke & 
meddow,- w<^h came \Tito about 4f^ ^ acre. 

For that publique occassions require a publique stocke or 
treasurie, for the rajseing & majntayning of such a stocke, 
vppon serious consideration & debate, it is agreed & ordered 
that every planter, who as before receiveth & holdeth land 
from the towne, shall pay a yearely rate to the towne towards 
publique chardges, namely for every acre w^hin the first devis- 
sion & in the necke, & for all meddow 4^ an acre, and for all 
land w^hin the second devission, 2*^ an acre ; w^h rates are to 
be paid in equall portions, the one halfe at or before the 
last day of Aprill, and the otlier halfe at or before the last 
day of October yearly, (besides what may be assessed vppon 
extraordjhary occasions,) to the treasurer in such manner & 
viider such penaltyes as this court shall appojnt, which treas- 
urer shall also pay out all due & necessary publique chardges 
as shalbe ordered, <fe of all his receipts <fe payments he shall 
give a true & just account to this court, or to such audito'^s as 
they shall appoynt yearly, or oftner if it be required, & shall 
also pay & deliver vpp vnto the suceeding treasurer, or vnto 
whomsoever this court shall appoynt, all such writtings, books 
of accounts, monny, goods or estate of what kind soever, due 
to the towne vppon such reasonable warning as this court shall 
judge meete. 

Heere should have bin inserted the planters names, estates, 
numbers in their famjljes, w*h their severall proportions of 
vpland & meddow in each devission, wUi the rates they are to 
pay, but tlie treasurer having it, it was here omitted & thither 

* A liue or two worn off. 

t The book to which reference is here made is still extant in very good preserva- 
tion, and in the hands of Henry White, Esq. It is a parchment covered volume, in 
size 71 by 6i inches, of originally about ninety leaves; a few have been subsequently 
added. Upon its cover it bears the following title, now nearly illegible ; ** A Booke of 
all the landes w<:h Planters at first or by allienations since possesse wthin New Haven 



It is agreed & ordered, that Mr. Davenports quarter, Mr. 
Batons, Mr. Robert Newmans & Mr. Tenches quarters shall 
have their first devissions of vpland to begin at the east side of 
the towne towards the sea, (after that certayne small lotts are 
layd out, <fe a fcild about 40 acres called the Oystershelfeild, 
left to the townes dispose,) & so goo on by the Mill river, takeing 
in all the land as it fals, (highwaycs exepted) to the 2 miles 
end, till compassing about they come vnto a common w<^h is to 
be left for a cow pasture onn the east side of a certayne fresh 
medows called the Beaver ponds, & that the said 4 quarters, 
w*h Mr. Evance his quarter shall have their meddow by lott, 
(some pticular psons hereafter named excepted,) on both 
sides the river called Quillipiocke or the great river, begining' 
with meddow next the great rock Sf soe an to seaward are 
called the east meddowes, only some of the smaller lotts 
w^hin the said 5 quarto's, by their owne consent, are to have 
their proportions on the east side of the Mill river, begining 
at the meddow next the great rocke & so on to seaward, & 
on an island in the great river before named, by lott as 
they shall fall in order ; only in the Mill river, he that should 
fall last, not haveing his full proportion, may leave it to the 
towne & take his ful share in the said island. And island 
is also to be layd out by lott from the south end vp the east 
side & so rownd downe the west side in order, & the lotts being 
cast, the names & order followeth, 

1. John Benham, 10. Robert Hill, 

2. Mr. Cheevcrs, 11. Jarvis Boykui, 

3. Tho^n Powell, 12. Andrew Low, 

4. Abrah"^ Bell, 13. John Cooper, 

5. William Andrcwes, 14. ^Y"^ Tharpe, 

6. Richard Bccklcy, 15. Mrs. Eaton, 

7. Widdow Greene, 16. Mr. Peirce, 

8. Widdow Williams, 17. Tho'« Yale. 

9. Thomas Kimberley, 

Thomas Fugill who hath one of the foresaid smaller lotts, by 
consent & order is to have the island in the Mill river below 
the bridg for his pportion of meddow, w^\\ is 6 acres, & to have 
his vpland for his second devission of that cleare land by the 
West rocke, provided it be neither w^hin the 2 mile nor granted 
by the court to any other. 

Towne. Began by R. P. Secretarie, 1646 — Also it conteynoth the somes due from 
men to ye Treasurer, according to ye rate of 4d per acre first devision and meddow, 
and 2ti per acre for tlie second devission througliout the Towne — Anno Dom. 1646." 
Very few entries appear to have been made in it after 1652. Each man is made 
debtor to the number of acres held by him in each division at the rate he was to pay 
for it per annum, and credited on the other side for what he sold. 


It is ordered that Mr. Lambertons quarter, the subburbs, Mr. 
Gregsons quarter, Mr. Fowlers quarter & Mr. Evance quarter, 
begin to take their first devission of vpland at a place called 
Oyster poynte, on the south part of the towne <fe west part of 
the harbour, and so goe rownd in order, takeing in all the 
land as it falls, (highwayes excepted) to the 2 mile end, till 
compasseing about they have their full proportion, leaveing the 
rest on the west side of the Beaver pownds as a common for 
an oxe pasture, and the way to both these to lye, both for ox 
pasture & cow pasture, at the norwest part of the towne, from 
the streat where Mr. Evance his howse is. And Mr. Lamber- 
tons quarter, y® subburbs, and Mr. Gregsons quarter, w^h Mr. 
Fowlers, shall have their meddow in the west meddow, in a 
meddow called Mr. Malbons meddow, and on the Indian side 
below, or to the seaward of those meddowes appoynted for the 

5 quarters as before, and yet more to the seaward in the med- 
dow called the solitary cove. 

It is granted & ordered that Mr. Eaton shall have 50 acres 
of his meddow on the east side of the harbour nccre the way 
to Totoket, wUi a proportion of vpland for a farmc, and the 
rest of his meddow at his owne choysc in the cast meddowes, 
w'h the remajnder of his vpland for the second devission allong 
the river by the brick kils, adjoyninge to such part of his med- 
dow as he will improve for another farme w^h the best con- 
vejniencye the place can afford, only whereas a small peece of 
meddow on the west side of the Mill river adjoyneth to the 
vpland of his first devission, it is to be lajd [ 

as part] of [his] proportion & so the m[ed]dow 
[118] II that adjoyneth to any mans vpland vppon the west 
side of the said river. 

It is orderipd that Mr. Davenport, pastour of the church, 
shall have his meddow & the vpland for his second devission 
both together, on the cast side of the great river, where him- 
selfe shall choose, wUi all the conveniency the place can afford 
for a farmc, though by the naturall bownds of the place, 
whether by creeks or otherwise, the vpland or meddow prove 
more then his proportion. 

It is ordred that Captaync Turner shall have his meddow 

6 vpland of his second devission vpon the west side of the great 
river, where himselfe sliall choose for his best convejniencye, 
that he may the better atcnd the publiquc service in his mili- 
tary office. 

It is ordered that Mr. Robert Newman and Mr. Mathew 
Gilbert the present deacons shall have their meddow and their 
vpland for their second devission, vpon the west side of the 
great river where themselues shall judg most convejnient for 


farmes neere the towne, that they may the better atend their 

It is ordered that the small lotts in those 5 quarters before 
named, who have their meddow on the east side of the mill 
river, shall have their second devission of vpland at the vtmost 
end of the first devission of Mr. Evances quarter, by some called 
the Yorkshire quarter, w^hout the 2 miles, beyond the west 
river, by lott. And that the rest of the plant^^s in the said 6 
quarters shall have their meddow by lott, begining at the east 
side of the nccke, on the west side of the great river, and so 
goe on in order to Mr. Eatons farme at the brick kills, and 
then to beginne at the north side of Mr. Davenports farme on 
the east side of the river, and goe on to the vpper end, only 
whosoever by lott falls next any of the farmes before granted 
& setled, if he want any. part of his due pportion when he 
cometh to such a farme or grant, he is to take the rest where 
it next falls, though on the other side of the river. And such 
as by lott shall have their meddow to the seaward of Captayne 
Turn's farme, shall have the vpland adjoyninge, towards their 
second devission, but if it fall short of their proportion they 
shall have the rest by lott among the small lotts, w^hout the 
2 mile beyond the west river at the end of Mr. Evances quar- 
ter. And the rest, wliosc meddowes falls to the northwards of 
Captayne Turners farme, shall have the vpland for their second 
devission betwixt the great river and the Mill River, lying as 
neare their meddow as may bee, w^h rcfferencc to the former 
grants, and their neighbours convejniencyc. 

Here foUowes the order wherin the planters fell by lott in 
the east meddowes. 

1. Mrs. Higginson, 15. David Yale, 

2. Mr. Atwater, 16. Mr. Fr. Brewster, 

3. Mr. Pococke, 17. Jeremy Dixon, 

4. Thomas Nash, 18. John Johnson, 
6. Jasper Crayne, 19. Mr. Mayers, 

6. Mr. Evance, 20. An elders lott, 

7. John Ponderson, 21. Mr. Owen Roe, 

8. Mr. Lucas, 22. Mr. Dermer, 

9. Thomas Fugill, 23. John Chapman, 

10. Edw. Wiggleswortli, 24. Mr. Fr. Newman, 

11. Richard Pery, 25. Mr. Malbon, 

12. Mrs. Constable, 26. Mrs. Eldred, 

13. Mr. Brunwin, 27. Mr. Sam: Eaton, 

14. Mr. Marshall, 28. Mr. Tench. 

It is ordered that the other 4 quarters, namely, Mr. Lam- 
bertons, the subburbs, Mr. Gregsons & Mr. Fowlers, shalhave 
the vpland for their second devission beyond the 2 mile from 


the towne, on the west side of the harbour, takeing in all the 
land to the seaward, w^hin Newhaven bownds towards Milford, 
and soe come rownd towards or vnto the land granted to the 
small lotts of the other 6 quarters, till they have their due 
proportion, only Mr. Goodyeare shall have the vpland for his 
second devission in a place w^h he hath chosen for a farme be- 
yond the west rocks, and Mr. Gregson shall have the vpland 
for his second devission on the east side of the harbour by the 
meddow called the solitary cove. 

Libertie is granted Mr. Crayne & Mr. Tuttle to inlardge 
their somes they had formerly put in for their estates, namely 
Mr. Crayne to 480^, Mr. Tuttle to 450^, & they agreed to pay 
rates to the townc accordingly, both for time past & time to 
come, & if they should remove, to sell only improvements, & 
what vpland they want in their first devission & in the necke, 
by consent & order it is to be supplyed vnto them in the second 
devission, acre for acre. It is also granted to Mr. Crayne, Mr. 
Tuttle & Mr. Linge, vppon their request, that they should 
have their meddowes & the vpland for their second devission 
in the way to Totokett, after Mr. Batons farme is layd out, 
only Mr. Crayne is to have meddow & vpland for 180^, the 
estate he first put in, betwixt the great river & the Mill river, 
among the 5 quarters as his lott falleth. 

Jeremy Dixon had also libertie to inlardg his some put in 
for estate to 300^, payeing rates & receiveing land for any want 
in the first devission & necke as Mr. Crayne and Mr. Tuttle. 
[119] II It was ordered that Mr. James sometime & elder in 
the Bay, shall liavc Francis Parrotts lott in the quarter called 
Mr. Evance quarter, and for his greater conveyniencye shall 
have his meddow at the bottome of the necke. 

It is ordred that Timothy Baldwins lott in Mr. Fowlers 
quarter shalbe bought in by the towne <fe sliall liave land layd 
to it for 500' estate and for 6 heads or psons, & reserved for an 
elder, but the necke being layd out, what wants there, to be 
supplyed in the second devission. 

To prevent offence as much as may bee, & that all mens 
sperits be the better satisfied wUi their allotments, it is ordered, 
that where the planters doe not fully agree among themselues 
in deviding their lands, all devissions gennerally, (the former 
grants excepted,) shalbe made by lott through the towne, both 
in vpland & meddow. 

Whereas part of the Neck hath bin formerly planted by sev- 
erall men for p''sent necessitye or convejniencye, it is agreed & 
ordered, that henceforward it be wholy laid <fe vsed for pasture 
& dry cattle, and stinted according to each mans interest & 
propriety, wherein 12 acres is to be reckoned for a horse, 6 


acres for an oxe, 3 for a siere under 3 jeares old or not aboue 
2 yeares old, and 2 acres for a calfe. And that noe man put 
in any catle yearly before the time ordered for the yeare, nor 
# before he hath given notice to the govemo'' what cattle, & in 
what right he puts in, vnder the penaltye of &^ a head each 
weeke, any time lesse then a weeke reckoned & paid for as a 
weeke. It is also ordered that the necke be fenced from the 
feurmes above, and a strong gate made for carts & cattle to 
passe through, and sufficient gates at the bridge, that so cattle 
allowed may be kept in from straying, & others may be kept 
out, & that noe man breake any part of the said fence, or any 
gate, or leave any gate open, vnder such penalty as the month- 
ly court shall judge meete for each time. 

Yet if any of the quarters will fence in their owne propor- 
\J tion, & soe relinquish all right to the common pasture in the 
necke, they may at their propper chardge doe it, leaveing out 
all springs, though w^hin their proprietye, for the cattle to 
drinke at, and wheras there are certayne parcells of meddow 
adjoyning to the vpland in some parts of the necke, w«h med- 
dow belongeth to some of the planters, and cannot be secured 
from the cattle w^hout a fence betwixt the vpland & the said 
meddow, it is ordered, that the treasurer out of the townes 
stock shall pay for halfe the said fence w^h alredy is or shalbe 
made betwixt the vpland & such meddow, but the fence being 
once made & paid for, according to this order, the severall 
owners of the meddow agreed, & it is ordered, that themselues, 
severally, shall ever after mayntayne the said fences, or beare 
what damadg befalls them in their meddow, & if any pertic- 
uler quarter or person shall resolue to fence in their propor- 
tions in the necke, they shall first pay to the treasurer their 
proportion of the foresaid generall chardge as it shalbe judged 
worth, before they beginne to fence. 

It is ordered that all such who are admitted planters into 
howselotts freely, but have had noe outland formerly allotted 
to them, they shall each of them have 6 acres of vpland to 
plant in for every single person, 8 acres for a man & his wife, 
wMi an acre added for euery child they have at present, w^h 
land is alreddy layd out for some of them at the further end of 
the great playne, in proportion as before, only a small adition 
was granted to William Da^is to save him some chardge in 
fenceing, and more is to bee layd out for others there so farr as 
the land w^hin the fence will serve, & for the rest, their pro- 
portions shalbe layd out on the east side of the great river, 
betwixt Mr. Davenports farme & the Indian wigwams, in such 
forme as may be convejnient for them to fence & improve, and 
not prejudiciall to the towne, and Mr. Crayne & Mr. Tuttle 


were desired & appojnted to veiw & settle it, and it is ordered 
that all planters so admitted and holding land from the towne, 
shall pay yearely towards publique chardges 2<* for each acre, 
as other planters doe for the 2^ devission, & that the rates shal- 
beginne from the last of October, 1645, & so goe on by halfe 
yearly payments, and if any of them, satisfyed w^h their trades, 
or not Jikeing the place or their allotment, shall refusse or neg- 
lect to"" take vpp the land, yet every on admitted to be a planter 
as before, shall pay 12^ a yeare to the treasurer towards pub- 
lique chardges. 

Here foUoweth the names of those planters wUi their pro- 
portions whether at the further end of the great playne or on 
the east side of the great river or harbour. 

[Page 120 is blank.] 

]121] II For that some of considerable estates & tradeing doe 
ive in the towne <fe have hitherto injoyed comfortable fruite 
of civill administrations & chardges, thcmselues in the meane 
time haveing small or noe rates, it is ordered that hence for- 
ward all such shalbe rated from time to time as this court 
shall judge mecte. And for the present Mrs. Stolion is ordred 
to pay after the rate of 20« a yeare to the treasurer, Mr. God- 
frey 20» a yeare, & Mr. Leech 40« a yeare, all w*^h are to be- 
ginne & to be reckoned from October, 1645. 

Wheras a certayne quantity of land, lit for a small planta- 
tion, hath bin purchased of the Indians at the chardge of New- 
haven, abqut 40 miles to the westward, towards Hudsons 
River, vppon a motion made of some of Wethersfeild, it is 
granted to them & their companny for a plantation, they repay- 
ing what chardges have bin expended, w^h amount vnto 
about 33^, & joyning in one jurisdiction in Newhavcn, vppon 
certayne considerations then propownded, but since perfected, 
in a fundamental agreement setled for this jurisdiction in 
Octob^, 1643, as by that record more perticulerly may appeare, 
& vppon their desire that plantation is called Stamford. 

Monunkatuck, formerly purchased <fe planted by Mr. Whit- 
feild <fe his company, was also admitted into this jurisdiction, 
vppon the same fundamentall agreement as Stamford, & 
vppon their desire that plantation called Guilford. 

Milford, a neighbour plantation to the westward, was also 
admitted into this jurisdiction vppon the same fundamentall 
agreement in Octob^, 1643. 

Totoket, a place fit for a small plantation, betwixt New- 
hauen & Guilford, & purchased from the Indians, was granted 



to Mr. Swayne & some others of Weathersfeild, they repaying 
the chardge,- w^h is betwixt 12 & 13^, & joyning in one juris- 
diction wOi Newhaven & the forenamed plantations, vppon the 
same fundamental! agreement setled in Octob'^, 1643, w^h 
they, duely considermg, readjlye accepted. 

Whereas severall yearcs since a tryall was made of setling 
a confoederation or consociation betwixt the Massachusets & 
Connecticott, but at time w^hout successe, vppon a late over- 
ture wUi hoj)es of a more comfortable issue, Mr. Eaton & 
Mr. Gregson were deputed & fully authorised to treate w^h 
the commissioners of the Massachusetts, New Plimouth & 
Connecticut, to settle a generall combination, (if it shall 
please God to blesse their indeavours,) that the civill peace 
w^hiu these 4 collonyes may be the better secured, w%out any 
impeachment of spcrituall privelcdges. At their returne they 
acquaynted both this court & the deputies for the jurisdiction 
w*h the successe of the treatye, and the articles of confoedera- 
tion, agreed & concluded vppon at Boston the 19'*» of May, 
1643, and after aproued & ratified by the generall court of 
New Plimouth were read, <fe by generall consent confirmed, 
and the Secretary was ordered to enter them as a recorde, 
vppon all occassions & in all perticulers to be duely observed in 
future times, & vppon serjous consideration of the nature of 
tliis trust it was ordered that the commission'^s for this juris- 
diction be yearly chosen by the vote of all the free burgesses, 
at the election court, and that they be furnished w^h a comis- 
sion in the name of the genncrall jurisdiction court yearly, for 
manadging all affajres belonging to the collonyes thus com- 
bined, in phrase or words agreed by the commissioners. 

It is ordered that noe planter, inhabitant or sojourner, w^hin 
o"" belonging to this towne, nor any vnder or for them, shall 
either directly or indirectly, purchase any plantation or land, 
more or lesse, of any Indian, Indians or others, or receive it 
by way of gift, or vppon any other termes, for their owne pri- 
vate vse or advantadgc, w^hout expresse allowance or liberty, 
to be granted <fe entrcd in & at some one of the monthly 
courts, vnder the penalty of the losse & forfeiture of his & their 
so acquired right, title & interest, to the towne, and such fur- 
ther fine as the monthly court, vpon cosideration of the offence, 
shall see cause to impose. 

It is ordered that none lopp, fell, cutt downe, or cause to be 
lopped, felled or cut downe, any tree, vppon any occassion, for 
any vse, vppon any common w'hin 2 miles of any part of the 
towne, w^hout speciall lisence from the governour or magis- 
trates of Newhaven (of w<^h lisence the governour or magis- 
trates to keepe a booke or memoriall, to prevent mistaks,) 


vnder the penalty of looseing all his labour, about euery such 
tree, leaveing it wholy to the towne, & paying besides on 
shilling as a fine for each tree so cutt, but if he carry away the 
tree or any part of itt w^hout leave, he shall pay such further 
fine as the court shall judge meete. 

And that none vnder the same penalties barke or cause to 
be barked any trees whether for tannmg, dying or other vse, 
w^hout order <fe appojntment of Serjeant Andrewes, Serjeant 
Jeffrejes, Sarjent Munson & Corporall Whithead, who are to 
consider where the taunt's, dyers or others, may convcyniently 
gett barke w'h least damadge to the publique. And if any 
man cutt, bark, lopp or fell any tree w^hin the proprjety or 
allotment of any planter w'hout leave, he shall pay damadg to 
the owner, according to the course of justice. 
[122] II It is ordered that the magistrates, elders & deacons, 
shall henceforward have the disposeing of all howselotts not 
yet granted, w^h the outward accomodations tlierevnto apper- 
tayning, to such person or persons as they shall judge meete 
for the good of the plantation, <fe that none be received as a 
planter, either by admission or purchase, w'hout tlieir consent 
or allowance, & that noe planter or proprietor sell or let any 
howse or land to any stranger or other not before a planter, 
either by lease or otheinvise, w^hout the approbation & consent 
of those before mentioned & intrusted, & all bargaynes, &c. 
not agreeing wUi this order to be voidc. 

It is ordered that every male from IG to 60 ycares of age 
who shall dwell or sojourne w^hin this plantation, or any part 
of the bownds cfe limitts of it for a month together, slialbe & 
continew at all times compleatly furnished w'h armcs, viz*' a 
gpod serviceable gunne, a good sword, bandeleeres, a rest, all 
to be allowed by the military officers, one pownd of good gun 
powder, fewer pownd of bullets, either fitted for liis gunne or 
pistoU buUetts, wUi fewer faddome of match fit for service wUi 
every match locke, & 4 or 5 good flints fitted for every firelock 
peece, all in good order & ready for any suddayne occassion, 
service or veiw, vnder the penaltie of 10^ fine, to be paid by or 
for euery person, so oft as he shalbc fownd defective & faulty; 
each master or governour paying not only for himselfc, but for 
all such as are vnder his chardge, for whome he should pro- 
vide, & others to pay for thcmselues. It is further ordered 
that the captayne, (besides occassionall & cxtraordynary 
veiwes,) give order once every quarter of a yeare at least to 
the millitary oficers, that they take a stryckt veiw of all the 
armes belonging to the towne, tliat they may see & report that 
every male from 16 to 60 be furnished as before mentioned, 
vnder the penalty of 40« fine if he neglect to give order, & that 



the military oflScers doe accordingly take the said veiw vnder 
the penalty of 40% to be levyed of them as the court vppon ex- 
amjnation shall find cause, & that a due returne of all defects 
be made to the captayne & by him or the clarke at his ap- 
poyntment, vnder the penalty afforesaid, to the court, that the 
fines may be duely gathered & that each of those veiw dayes 
be so published & made knowne, that euery one may bring his 
compleate armes, powder, shott, &c. as before exprest, to the 
place & at the time appoynted, vnder the penaltye of 10" fine 
as if not furnished, the monthly court to judge of the differ- 
ence of defects. 

It is ordered that there be henceforward six gennerall 
traynings every yeare, viz'i, the first Munday in Aprill, the 
first Munday in May, the first Munday in June, September, 
October and Novembei;. But if any of these dayes proue 
raynye, so that the service cannot be carrjed on to satisfaction, 
it shalbe supplyed the next following second day w^h proues 
fayre, or if the governour & magistrates vppon any publique 
respects see cause to put of the trayning on any of the dayes 
before named, though proueing faire, adviseing w4i the cheife 
military officers, it shalbe carryed on in some other fit season 
as they shall appoyntc ; on every of wch trayning dayes before 
expressed, all & every of the males w^iin, or belonging to this 
plantation, from 16 to 60 ycarcs of age, not exempted by the 
place or office they hold, or vppon some other respect dispensed 
w^i by tlie gencrall court, shall diligently atond the military 
nurture & exercises, that they may learne tlie better to liandlc 
& vse their armes, reddyly vnderstand & obey the words of 
command, <fe be generally fitted for all military service as occa- 
ssion may require. And wliosoever shall totally absent on any 
of those appoynted trayning dayes, or shall dcpt w'hout leave 
befor the company brcake vpp, or shall not be furnished wMi 
compleat armes for traynings shall pay 6« fine. And whoso- 
ever shall come late after the second drume hath left beat- 
ing, his name being so returned, he shall pay one shilling fine, 
But if any man come late, <fe shew not himselfe to the clarke 
that he may enter liis appearance such as it is, it slialbe 
chardged as totall absence, and he shall pay accordingly. 

And for tlie incouradgment of military officers and company, 
it is ordered and granted that all tlie fines for absence <fe late 
comming, whether on the generall trayninge dayes or on the 
squadron dayes of trayning hereafter mentioned shall wholy 
goe to them, to be disposed by the military officers in powder 
& shott, (fee, that they may set vpp marks to shoote at,* or may 
furnish themsclues for their military exercises, that the service 
may be more comfortably carryed on, & yet, if there be cause, 


the court will give all just assistance in the levying of them, 
and for other miscarrjadges as stubornes, contempt or neglect 
of the officers in their directions or due commands, quarrell- 
ing, fighting, disorderly talkeing, bringing & sliooting of 
peeces wUi bullets or shott, & all other misdemeanours, a fine 
to be paid to the towne by each offendor according to the na- 
ture of his fault, as the court vppon chardge & proofe shall 
judge meete. But in all publique traynings, liberty is granted 
[123] that at. every || farme howse one man may stay at 
home to atend occasions & prevent dangers, but all the rest 
shall trayne, shew armes, and be subject to all the former 
orders & penalties. 

Wheras there are 4 serjents & 4 corporalls chosen & ap- 
poynted for the millitary service & accordingly the plantation 
is devided into 4 squadrons, it is ordred that one of the squad- 
rons in their course come constantly to the meeting howse to 
the publique worshipps of God, both every Lords day <fe on 
other dayes ordynary & extraordjnary, & be there at o*^ before 
the second drume liath left beatinge wUi there armes com- 
pleate, there guns ready chardged w^h a fit proportion of 
match for match locks & flints ready fitted in tlieir firelock 
peeces & shott & powder for 5 or 6 chardges at least, there to 
attend the publique service and safty as the officers shall ap- 
poynt, vnder the penaltie of five shillings fine for neglect, o' 
defect of furniture, & one shilling fine for late comminge. 
The sentinells also, & they that walkc the rownd in their 
course, shall dilligcntly atcnd their trust & duty, & shall have 
their matches lighted durcing the time of meeteing, if the 
serve wUi matchlock peeces, vnder the penalty of 4* fine ; and 
the Serjeants duely to returne the names of all such as fayle & 
transgresse this order, vnder such penalty as the court shall 
se cause. And according to the course already begunne, that 
squadron w*^h is to bring armes the following Saboth shalbring 
armes the lecture day or any otlier extraordynary day of 
soUemne worshipp immediatly before, if they come to the lec- 
ture, &c. 

All the former fines to be moderated as the court se cause. 

The court considering how necessary it is in times of peace 
to prepare for warre, & accordingly to fit & trayne vp men by 
degrees to all military service & skill, besides the general! 
traynings & certayne squadron traynings hereafter mentioned, 
gave liberty and incouradgment to beginne an artilery com- 
]}any, & to add to it from time to time, such as out of the 
trayned bands, or others being free & fit, shall offer them- 
selues therevnto. And it was granted to the said company 
that they may chuse their owne officers yearly & setle their 


owne ordei*s, presenting both officers & orders from time to 
time to the generall court for approbation & confirmation, 
provided that they order their times of meeting & exercise 
w*h due respect to the occassions & convejniency of tlie towne, 
and perticulcrly that the traynings be not hindered. And it is 
further granted that all such who are admitted into the artil- 
lery company, while they atend A improve those meeteings 
shalbe freed from the squadron traynings (hereafter ordered,) 
if they be not officers who are to exersise others, & according- 
ly an artilery company was begune, the officers & orders were 
presented to, & approued & confirmed by the generall court 
M'^ch 31, 1645. 

The orders allowed for the artilery company are uiserted 
page 99, therfore here omitted. 

And whereas, by reason of the artilery company, the num- 
ber for the squadrons wilbe lessned, it is ordered that hence- 
forward, two squadrons joyne in one boddy, A that the 4 Ser- 
jeants wUi their respective corporalls exercise them thus 
joyned in their course, about a fortnight before each generall 
trayninge, but on the last day of the weeke in the afternoone, 
& whosoever shall come late to any of these squadron trayn- 
ings, namely after the second drume hath left beating, he shall 
pay 6^ fine. And whosoever shalbe totally absent, 2" 6*^ to 
the company, as in the gennerall traynings. And for all other 
miscarriadges in this service, the fine to be judged in the 
monthly court. 

It is ordered that a constant & strickt watch shalbe kept 
every night in this plantation, from the first of M''ch to the 
last of October every yeare ordynaryly, leaveing extraordynary 
cases, either of mildnes or sharpnes of weather or times of 
danger to the govcrnour & magistrates, who may remit or 
coutinew the watch longer, or increase & order them as sea- 
sons & occassions may require. But in the ordynary course, 
the watch is every night to consist of one intrusted as ma^ of 
the watch, (who is diligently to attend & observe all the orders 
made by this court for tlie watch while they stand in force,) & 
of six other watchmen. This watchm*" is to be appojnted 
yearly, & the six watchmen to be sorted as may be most con- 
vejnient in respect of their dwellings, by the captayne wUi 
approbation of the magistrates. But if by death, remove or 
any other occassion, after the watches are setled in their 
course for the yeare, a breach be made, & so cause of an alter- 
ation, the captayne shall w^h all conveinient speede, order & 
setle them agayne, so as may m<iy be most convejnient for the 
towne, and shall give seasonable warning to all the watch- 
masters whom it concerneth, that the service may goe on 


[124] w^hout interruption || or disorder, & in times of dan- 
ger, whether from Indians or others, as the townes watch may 
be increased, soe to prevent mischeife there may be cause to 
watch abroad, it is therfore ordered, that in such times, the 
farmes be free from watchings in the towne, provided they 
keep a dilligent watch at y^ farmes. 

The present orders & penalties are as foUowoth. 

It is ordered that when vppon any occassion an allamm 
shal hereafter be made w^iin this plantation, both the millita- 
ry officers & every trayned souldier shall forthwMi repaire to 
the meeting howse w^h their compleate armes & all furniture 
for present service, & shall not spend time & hazard the pub- 
lique safty by attending their ownc private respects and affec- 
tions, vnder the penalty of ^ , except only in the case 
of some present assault made vppon or neere the place where 
he or they were, or at least some discouery of Indians, or 
others knownc or suspected to be cnjmies, & coiTiinge thith- 
erward in a hostile manner. And when there shalbe cause to 
send out any company of souldiers, either to keepc of danger 
or enemjes, repaire or recover any losse, or in any just warre, 
whether offensive or defensive, whosoever shalbe appoyuted 
& called to such service, whether officer or trayned souldiers, 
by the governour, magistrates, or others to whome trust and 
power is committed in such cases, he & they shall forthwith 
attend the call, & goe vppon the service according to direction, 
w^iout dispute or gaynsayingc. And whosoever shall refusse, 
or by questions & scruples delay & hinder the service, or dis- 
couradge others, shalbee proceeded agajnst by imprisonment 
<fe such further punishment as the nature of his contempt and 
miscarriadg shall require. And whosoever shall refusse his 
boate or vessell, his teame or horse, his armes or any part of 
it, offensive or deffensive, or any provission for the publique 
service, vppon just consideration & allowance to be aftcwards 
made for the same, (w^h in like manner shalbe observed to 
tlie men sent forth,) shalbe so proceeded agajnst by the au- 
thority settled in & for tlie plantacon as that the contempt & 
miscarriadge bee duely punished in the offender, & the like 
disorder prevented or supprest in others for the future, that 
the publike receive no damadge by the folly and stubbornnes 
of perticuler men. 

To prevent much inconveniencie & danger w^\\ may grow, it 
is ordered that whosoever shall shoote any bullet, buUetts, or 
small shott in the towne, or w^hin a quarter of a mile of the 
towne wUiout a sufficient & just call, w*^h the monthly court 
will judge, shall pay 5" fine for every such default, besides due 
satisfaction for what hurt or damadge may arise thereby. 


It is ordered that whosoever shall funiish auy Indian 
directly or indirectly either wUi any gunne, greate or small, 
by what name soever called or w^h any sword, dagger, rapier 
or the blade of any of them, arrow head, or other weapon or 
instrument for warr, or w'h any powder or shott of what name 
or seize soever, or shall mend any gunne for an Indian, w*hout 
expresse order from tlie governour or comissioners for the col- 
lonye in wrightinge, shall pay either 5^ fine, or twenty for one, 
according to the nature and importance of the offence as the 
court shall judge meete. 

The court serjously consideringe how husbandry may be 
carijed on w^h due incouradgm^ in this plantation, thought it 
meete that the quarters severally or two or more of them 
joyntly as they shall agree, should fence in such parcells of 
arable or plantinge land as might best suite their occassions, & 
ordered that in any such case, every planter, or whosoever 
holds land wUiin such a compasse soe to be fenced, doe attend 
the publique good in carrying on his part & proportion of such 
fenceinge in due time, that his ncighbo''s receive noe damadge 
through his default, nor may the innability, negligence or 
stubbornenes of any one or more perticuler men hinder a 
generall advantadgo in improvement of land in any quarter or 
quarters, howselotts or abroad, when the major pte agree to 
fence. But vppon complaynte, the monthly court to settle 
the best course & order they can, soe tcndreing each perticuler 
planter that the publique receive noe damadge, & because in 
some of the quarters there are lotts vacant, not yet disposed, 
it is ordered that till tlicy be filled, the quarters themsclues 
fence them or procure workmen to doe it, and the chardges 
slialbe payed by the treasurer out of tlie townes stocke, both 
for tlie present in setting vpp the just pportion of fence for 
eacli such lott, & hereafter in repairing the same when there 
shalbe cause, provided that the quarters in the w<^h such lotts 
are, bearc all damadge if the said fences or any of them be not 
either made or repajred in due season, and that henceforwd 
before the treasurer pay for any such fence makeinge or re- 
pajreing, the quarter give notice for what perticuler lott it is, 
that soe the treasurer may keepe account of the chardges. 
[125] II Each quarter in w^h any such lott is shall also see 
that the fence in strength & goodnes answer that order of 
court made May the 5^'% 1641, and for their helpe herein, 
brother Andrcwes and brother Munson are appoynted veiwers 
for the towne, to see & certifie the treasurer how they find 
such fences, whether sufficient or not. If defective they are 
to judge of the worth w^h respect to that order, and the quar- 


ters or workmen to receive paymeut or to make abatement 

And for that in such common inclosures, severall workmen 
for their present ease are apt to make slight fences, & fences 
well made at first in time decay, w^h may bring much 
damadge vppon them that plant, it is ordered that each quar- 
ter or quarters so*joyning in a common feild, shall yearly ap- 
poynt 2 committees or veiwers from among themselues, who 
some one day in the first full weeke of every month shall 
dilligently veiw & observe, & shall set marks vppon all such 
fences or pai*ts of fences as are defective, & acquajnt the own- 
ers, (or the quarters if it belong to some absent lott,) therew^h, 
calling vppon them to get them forthw^h mended, remmem- 
bring them that what damadge befalls the quarter or any 
planter till such fence or fences be sufficiently mended, they 
are to make it good, vnlesse they cann clearly prove that the 
damadge, or part of it, came some other way, w^h wilbe justly 
considered. And the perticuler planters whose fences are 
fownd defective, shall from time to time pay the veiwers for 
their paynes in this service ; but if noe fences be fownd defect- 
ive, or none but for absent lotts, then the quarter or quarters 
to pay them according to their different proportion of fence 
about each such inclosure, the towne for the absent lotts to be 
wholy freed from all chardg towards these veiwers. But in 
any of them, the fence being well made at first, & so reported 
to the treasurer by the townes veiwers appoynted for that ser- 
vice, or an abatcm^ made to the treasurer according to the 
defect, if the quarter cannot get them otherwise mended, their 
veiwers afforesaid may prcsse men to doc it, and the treasurer, 
out of the townes stocke shall pay for the worke. And for 
that some of the veiwers yearly appoynted may not know each 
mans fence at first, in such case they arc to acquajnt the 
quarters, famjlies, or persons to whom any part of tlie said 
fence belongcth, what day they intend their first veiw, that 
euery one whomc it concernoth may goc or send to shew tlieir 
fences, and to markc them at botli ends, that the veiwers may 
know what belongeth to each absent lott, and what to each 
present planter, and if any vppon due warning shall neglect to 
goe or send, he shall pay 2« fine ; and if the veiwers shall neg- 
lect to veiw at the times appoynted, or ducly to observe & 
marke the defects, or seasonably to call vppon them whom it 
concerneth to amend them, they shall pay each of them five 
shillings every month for any such default. 

And whosoever shall put any cattle w4iout a keeper, wheth- 
er by day or by night, into any such inclosure, wUiout a joynt 
consent & expresse agreement made by the quarter or quar- 


ters interessed, he shall pay 6*^ a head, one halfe to the towne, 
and the other halfe to the informer vppon due proofed & shall 
besides pay the ful damadge where it shalbe due. If he put 
them in w'h a keeper, he shall pay all due damadge to the 
partie, w^\\ growes either by the vnrulynes of cattle, or through 
the keepers neglect, only he may abate out of the wages of any 
servant or hired man, or by other just meanes require repara- 
tion for what he payeth through their default & miscarriadge ; 
and whosoever passeth through a gate, whether a common 
gate or other gate leading into a common feild where corne is 
planted or sowen, & leaveth it open, or not well & sufficiently 
shutt, ho shall pay 5" fine, the one halfe to the towne, the 
other halfe to the informer vppon due proofe & shall besides 
pay all damadge to the quarter or partie w^h shall come by 
such miscariadge, parents or governours answering for chil- 
dren & servants, though it be after abated out of servants 
wages, or otherwise as before expressed. 

And for that the fences belonging to the towne are gener- 
ally weake & decaying more & more, & by the best & joynt 
care of the owners & veiwers hardly now to be repaired & 
majntajned strong & suflScient to keepe out swine of all sorts, 
and these small rivers are fownd noe fences agaynst swinne 
w«li swimme over daylye, and by them much damadg is don 
every yeare, both m corne feilds & meddowes, manny com- 
plajnts are made <fe much contention ariseth, to prevent all 
w^h incouveiniencyes, (if it may bee,) it is thought commodi- 
ous & neccssarie that the quarters or planters consider & joyne 
as they may to haunt, heard & keepe, their swine abroad at 
sufficient distances from all corne feilds & meddowes belong- 
[126] inge || to any planter, whether in the towne or at the 
farmes. And it is concluded & ordered that what swine soever, 
greater or smaller, shall after the 23*^ March, 1645, be fownd 
either vnyoakcd or vnrunge or both in any corne feild or med- 
dow as before, the owners of them shall pay 6'* a head to the 
informer vppon proofe, & if they be brought to the pownd, he 
shall pay a pcny a head more to the pownder for impownding 
them, and the owner of them besides, pay the full damadge, 
whether in corne or meddow to him agajnst whom the tres- 
passe is comitted, as it shalbe prised by indifferent men, w^^h 
course <fe care to keepe swine at a distance may also prevent 
much damadg & offence betwixt the English <fe the Indians, 
w*"!! arisetli oft by our trespassinge vppon their corne, <fe their 
killing our swinne. 

And for that it is fownd by experience that goates being left 
carlesly either by the owners or keepers in the m*^ket place, 
streates or high-wayes in or alK)ut the towne, climb over, or 


some way get iiito mens howse lotts, orchards or gardeus, & 
in a short time by barkeing of trees or otherwise doe much 
damadge note easily repayred, it is ordered, that whatever 
goates are hereafter fownd w^hout a keeper in any place in or 
nearc about the towne, save w^hin the owners howses or howse 
lotts, the owner shall pay 6^ a head for each such default, 
halfe to the towne & halfe to the informer vppon due proofe. 
And if they or any of them be brouglit to the pownd, the 
owner shall pay a penny a head more for impownding them, 
and if the pownder drive any of them to to the pownd, he is to 
have 4^ a liead for the scr>ice, & the towne 3*^ a head for the 
disorder. Besides w<^h the owner shall pay full damages for 
whateuer hurt they doe in any mans propriety whether to 
trees or otherwise, as it shalbe prized by indifferent men ; But 
in all the former cases the owner may recover from the keeper, 
as his chardge & damadge growes through his default. 

The court being informed that the comons are over bur- 
dened, & that the plantation in generall suffers by over great 
quantities both of greater cattell & swine, kept by such as have 
least right, as by noats from most of the quarters now brought 
in appeareth, desired that men would seasonably regulate & 
moderate themselues, otherwise the court, according to rules 
of righteousnesse & prudence must provide for the publique 

It is ordered that the clay-pitts on the north side of the 
towne, w^'h lye w^hin the first devission of vpland to Mr. New- 
mans quarter, be reserved from being any mans propriety, & 
kept as a common for the vse of the towne, and a conveinient 
high way left to it for carts to passe to & froe. Only it is 
granted to Mr. Davenport, that if he shall tliinke fit to remove 
his fence from that side of his lott, lying by the way to the 
clay-pitts, to the other side by the Mill highway, he may fence 
crosse the way to tlie clay-pitts, makeing a gate & hanging a 
lock vppon it, the key to be still left at Goodman Coopers 
howse, that vppon all occassions it may be ready for them that 
fetch clay. And it is further granted to Mr. Davenport, that 
when the lott at first reserved for Mr. Roc comes to be fenced 
in, if he desire it, he shall have a way or passadge of 8 foot 
broad left betwixt that lott & Mr. Craynes, that he may goe 
out of his owne garden to the meeting howse. 

It is ordered that those intrusted for the townes affaires, 
when they se cause may lay out both vpland and meddow for 
the conveinicncy & incouradgmcnt of him that shall keepe an 
inne or ordynary for strangers, in the meane time, it is grant- 
ed to W'n Andre wes who at present canieth on that imploye- 
ment, that hee may fence in twenty acres of vpland at the 



hither end of the plaines, adjoynmg to Mr. Francis Newmans 
lott, to put in strangers horses as there shalbe occassion, pro- 
vided that if lie either dye or give over keepeing the inne the 
said land shall immedjatly goe to him that succeeds in that 
imployment for the vse afforesaid, he makeing just allowance 
towards the chardg in fenceing, if by the hire & benifit of 
strangers horses, the said W™ Andrewes have not bin duely 
satisfied in the interim. 

A foote bridge formerly made over the Mill River mto the 
Necke being much decayed was for the present repajred, but 
w^hall it is ordered that a cart bridge over that river, & another 
over the West River, w'h sufl&cient causeies to them both, be 
forthwUi made & kept in repaire from time to time at the 
publique chardge, when private ingadgements are out. 
[127] II And it is further ordered that after those two 
bridges are finished w'h the first conveniencye a cart bridge 
be also made over the East River, only it is refferred to further 
consideracon whether tlic towne will beare the whole chardge 
of such a bridg, or only disburse 100* towards the building of 
it for the present, and repaire & majntayne it when its built, 
and let the rest of the present chardges in building be borne 
by them that have lands onn the east side, & in consideration 
thereof grant them the full & sole liberty & proflSt of all fish 
w^h by weares or otherwise may be taken at the said bridge. 

For the l)cttcr trayning vpp of youth in tliis towne, that 
through Gods l)lessingc they may be fitted for publique ser- 
vice hereafter, either in church or comonwcale, it is ordered, 
that a free schoolc l)c sett vpp, & the magistrates wUi the 
teaching elders arc intreated to consider what rules & orders 
are meete to Ijc ol)servcd & what allowance may be convenient 
for the schoolcma'^s care & pajnes, w<^h shalbe paid out of the 
townes stockc. According to w^h order, 20* a yeare was paid 
to Mr. EzekicU Cheevcrs, the pi^sent schoolema"^ for 2 or 3 
yeares at first, but that not proueing a competent majntenance, 
in August, 1644, it was inlardged to 30' a yeare & soe contin- 

A proposition made to the commission's at Hartford, A^ 
1644, by Mr. Siieppard, pastour of the church at Cambridge 
hi the Bay, for a free contribution out of these parts of a pecke 
of wheate or the vallew of it of every person whose hart is 
willing for an increase of majntenance to the coUedg there 
begunne, that children, (to what coUony soeuer they belong,) 
being fit for learning, but tlieir parents not able to beare tlie 
whole chardge, might the better be trayned vpp for publique 
service, was considered and fully approued, and Mr. Atwater 


& Ooodman Davies were intreated for that first yeare to 
receive and collect it, that it may be sent accordingly. 

Whereas the gennerall court for this jurisdiction judging 
the season now fit, did see cause to joyne w'li Connecticott* in 
sending to procure a pattent from tlie Parliment for these 
parts, and for that purposse desired Mr. Grcgson to vndertake 
the voiadge & buisines, & agreed to furnish him w^i 200* out 
of this jurisdictid in good marchantable beaver, of w<^li in pro- 
portion this towne should furnish about 110*, it is ordred that 
Mr. Gregson, if there be cause, take vpp soe much, vppon such 
termes as he may, & it shalbc repaid out of tlic townes treasu- 
rie, w4i what allowance or consideration lie shall agi*ee for. 

That commerce may the l)ctter be carryed on betwixt man 
& man in these pts where monny is scarce, it is ordered that 
Spanish monny, called pecces of eight shall passe here as they 
doe in some other parts of the country, at 5^ ai)cece. And 
that Indian wompom shall passe, the white at 6 a penny, and 
the blacke at 3 a penny. And some men being at present 
loath to receive the blacke, it is ordered that in any payment 
vnder 20% halfe white & halfe l)lacke shall l)c accounted cur- 
rant pay, only if any (question arise about the goodncs of the 
wampo, whether white or l)lacke, Mr. Goodyearc, if the parties 
repaire vnto him, is intreated to judge tlierhi. 

That righteousnes & peace may ha preserved, it is ordered 
that whosoever shall take any mans locate or cannow w'hout 
due leave shall pay 20» fine, <fe whosoever shall take any mans 
oares or padle, hand cart, whcele barrow, or any thing of like 
nature w^hout due leave, shall pay ;> fine, w^h what further 
damadge in any of the cases tlie owner may susteyne by such 
an injurious practisse. 

And for that divers cannowes, some made by the English, 
some bought of tlie Indians, are altogether vnfit for the service 
to w^li they are vsually putt, & may prove dangerous to the 
lives of men, Mr. Crayne & Leiutennant Seely are by this 
court appoynted viewers, <fe are intreated forthwith, <fe soe 
from time to time hereafter, to veiw & seriously to cosider of 
all the cannoes l)olonging to the English al)out this towne, 
(the owners bringing all <k ami every of the said cannowes to 

* This WM ill 1C44, however in the records of C<»nnectieut there is no nientiou made 
about joining with Xcw Haven to prcjcure a Patent, but May 13, 1645, tlie p^vemor, 
the deputy governor, Mr. Fenwick, Mr. Wliiting and Mr. Welles were desired to 
"agitate the busines concerning the enhirdgraent of the Hberties of the patent fr.r this 
jurisdiction," and July 9, 1645, Mr. Fenwick was desired to go to England to endeavor 
the enlargement of patent and to further other advantages for tlie country. Trumb. 
CoL Bee. Coim. I. 126, 128. Mr. Fenwick did not go, and Mr. Gregson was lost on 
the Toyage, in the famous phantom ship. 


such place as the said viewers shall appoynte, giveing them 
notice that they are there ready to be veiwed,) who are to 
marke all and every cannowe w<^h they shall approve & judg 
meete for service, and whosoever shall henceforward hire out, 
lend or vse any cannowe not soe marked, for or in any passadg 
by watter, shall pay 20* fine for every such default, besides 
what further damadge may grow thereby. 
[128] II Whereas much damadge & wast often growes by fire, 
& among other causes, the neglect of keeping chimneyes 
cleane may bring forth sadd effects, not only to the howse so 
neglected, but sometime to neighbours, it is ordered that every 
chimney in the towne in w*^h fire is dayly kept shalbe well & 
duely -swept once every month from September to March, & 
once every two monthes after, through the whole summer, & 
all other chimneyes lesse vsed, in due pportion, w<^h worke & 
service, Goodman Cooper vndertooke in court, & by order is 
to have 4<* a time for sweeping every chimney that is two 
storyes higher vpward, & 2<* a time for sweepeing every chim- 
ney vndor two storyes high, to be duely paid by all them that 
consent & agree that ho shall sweepe their chimnejes, but if 
any will doe it themselues or vse any other in that service, he 
or they are to take care the thing be duely performed, accord- 
ing to the true and full scope & intent of this order ; And if 
Goodman Cooper come at any time after the month in winter 
or 2 monthes in summer, and find any chinmey vnswept or ill 
swept & so not kept cleane according to this order, he is ap- 
poyuted to sweepe every such chimney well & to have double 
pay for his worke, & if any refusse, vppon complajnte, the 
monthly court to proccede as they judge meete for a contempt. 
And if Goodm" Cooper neglect duely to sweepe the chimnejs 
he vndertaks or any of them, he is to pay double for what he 
should receive for each chimney, as a fine for his default. 

It is ordered further that every howse w^hin this plantation 
shall have & continually kcepe & mayntaine a ladder of a con- 
veinient height answering his howse, standing ready vpon all 
occassions to prevent or stop the hurt w^h may growe by fire 
either kindling or breaking out in any chimney or other vpper 
pt of the howse vnder the penalty of 5» fine to be paid to the 
towne vpon euery view or due complainte of his neglect & 
default therin. 

It is further ordred that fire hooks shalbe made at the chardg 
of the towne, in such, to hang in some convenient place where 
they may bee kept drye & ready for the vse of the towne in 
such times of danger, & lastly it is ordered, that whosoever 
shall kindle any fire in his garden or any part of his howselott 
in or about this towne, whether to burne leaues, straw, stalks 


of come, or any kind of rubbish whatsoever, he shall pay 40* 
fine to the towne for euery such default, notw^hstanding any 
excuse he can make of his care & attendance, the standing of 
the winde, or calmnes of the season. 

Whereas the frameing & setling of orders for regulating the 
affaires of the plantation is of weighty concernment & every 
member & planter hath liberty eith*^ to vote or to offer light in 
any buisines propownded, & that noe man may pi^tend ignor- 
ance in any order that concerns him, it is ordered that when 
a generall court, vpon any occassion shalbe summoned, who- 
soever makes not his due apearance, when his name is called, 
or befor the secretary hath done reading their names, he shall 
pay, every member of the court, 18^, & every other planter, 
12<* fine. And after the names are read, whosoever shall de- 
part w^out leave, while the court sits, shall pay the same fiine, 
whether member of the court or other planter, as for late 
comming or to tall absence. 

It is ordered that whosoever shall cut any tree where the 
spruce masts grow, w^hout leave from the governour or magis- 
trates, he shall pay 20« fine for every such default. 

It is ordered that soo oft as any publique occassion shall 
require, whether for the mill or any bridge, cawsey, building, 
fence, highwayes, or other worke w^h is of publique conceme- 
ment, or to be done vpon the publique chardge, in every or 
any such case, the governor or magistrates may on a trayning 
day send to the captayne for soe many fit men as the worke 
requires, or if the service fall, or may l)e well respited to 
another time when their is noe trayning, and that fit men on 
reasonable teaimcs cannot l)c had otherwise, the governour or 
magistrates may put forth an act of authority, & for the pub- 
lique good prcsse men for the worke vppon just pay, & in every 
such case all private contracts <fe ingadgcm^s shalbe suspended 
till the publique ser\ice be pformed, ^ y" return to j^ full 
force as if y*' p''esse had not bin. 

[129] II Whereas a considerable part of righteousnes betwixt 
buyer & seller consistctli in knowne, certayne & just weights 
& measures, and whereas a halfc bushell measure for a stand- 
art, (according to the agreement of the commissioners for the 
vnited collonycs,) is pcured & brought from the Bay, it is 
ordered that all corne measures be exactly fitted & conformed 
therevnto, and Richard Miles, W*" Davies & Nicholas Elsy are 
intrusted & appojnted to veiw & try all measures vsed in buy- 
ing & selling corne by any of the planters, farmers, sojourn- 
ers, or others belonging to this towne & to fit them to the fore- 
mentioned standart, & then to marke them w^h the townes 
burnt marke NH • -Ajid for every bushell w<^h they so fit & 


marke, they are to have 4^ of him to whome it belongs, & 2^ 
apeece, for every halfe bushell, pecke & halfe pecke, & 2^ for 
every bushell w^h they only marke & finding it fit doe not 
cut it. 

It is ordred also that a standart be fitted for all waights <& 
other measures as ell, yard, quart, pinte & halfe pinte. And 
Richard Miles, Joshua Atwater & Nicholas Elsy are appoynted 
to inquire for just standarts, agreeing as neare as may be w^h 
London waights & measures, and then to fit & marke as they 
may all the waights and measures vsed in the towne for buy- 
ing & sellinge to those standarts. And the treasurer is to 
allow them for their time in this service out of the townes 
stocke, & if any planter, farmer, sojourner or other, w*hin the 
limits of this plantation shall buy or sell by any other then 
such trycd & allowed measures & weights, he or they shalbe 
punished as the monthly court, wUi respect to the nature <fe 
extent of the offence, shall judge meete. 

It is ordered that a convenient company & number of pyks 
be provided at the townes chardge, that the military & artil- 
lery companyes may be trayned & exersised in the vse of them, 
but no man hcrby to be freed from providing & at all times 
continueing furnished wUi all other armes, powder & shott, as 
before expressed, & that a chest be made in some conveinient 
place in tlie meeting howse, to keepe the said piks from warp- 
ing or other liurt or dccayes. And Thomas Munson and the 
rest of the Serjeants vndertooke to have it done w^hout delay, 
and Mr. Peircc was appoynted to give out and lay vpp the 
piks from time to time, that tlicy receive noe damadge be- 
twixt times of service, & in consideration hereof & of some 
bodjly wcaknes, ho is at present freed from traynings and 
allowed to provide a man to watch for him. 

It is ordered that when canvas <fe cotten woole may conven- 
iently be had, due notice & warninge shalbe given, & then 
every famyly w^liin the plantation shall accordingly provide, 
& after contiucw furnished wUi a coate well made & soe quilt- 
ed w'h Gotten woolc as may be fit for service, & a comfortable 
defence agajnst Indian arrowes, and the taylo^s about the 
towne shall consider <V: advise how to make them, & take care 
that they be done w^liout vnnecessary delay. And whosoever 
shall transgresse this order shall)e fined to the towne as the 
monthly court shall judge meete. 

It is ordered that the markett place be forthwith cleared <fe 
the wood carryed to the watch-howse & their pyled for the vse 
& succour of the watch in cold weather, and the care of this 
buisines is committed to the fewer Serjeants. 

It is ordered that whosoever findeth any thing lost w^li is of 


vallew & fit to be restored to the owner, shall w'hin 3 dayes 
deliver it to the marshall who shall saf ly keepe the thing, but 
w'hall shall write it downe in some paper bookc w*h the name 
of the person from whom <fe the time when it came to his 
hands, & shall cry it twice onn the lecture dayes followiuge. 
And, if their because, a third time on a faire day, wlien the 
gi*eatest concourse of people may be present <fe heare it. And 
the marshall shall have & receive from the owner, a penny a 
time for soe crying it. And he shall also write downe who 
challengeth & recciveth it. If it be a liveing creature of any 
kinde, the marshall shall liave notice & shall cry & be paid as 
before, but he that findcs it or wUi wliose cattle of any kinde 
it falls in may keepe & feedc it, that it be preserved, & the 
owner shall pay all just chardges for it. But if any man omit, 
neglect or refuse tlie scope <fe intent of tliis order, the monthly 
court shall proceede agaynst him as the fault requireth. 
[130] II Whereas divers hides have bin spoyled or much hurt 
by ill tanninge to the prejudice both of the owner <fe of him 
that shall wcare or vse them, at first, (as hath bin alleadged,) 
for want of knowledge & experience of the nature of the barke 
or tanne of this country, but tliat bcinge now so sufficiently 
knowen that every man that vndertakcs or setts vp that im- 
ployment may seasonably informe himselfc, & therl)y prevent 
damadge both to himselfc <fe others. It is ordered that each 
tanner shall hereafter justly & fully allow & pay for all de- 
fects & miscarriadgcs hi his tanneing, according to the damadge 
proved, as in other trespasses w*h all due chardges if it come 
to publique try all. 

It is ordered that Mr. Crainc, Mr. Peirce, John Clarke & 
Henry LindoU shall veiwe the meddowes called the Beaver 
ponds, & make report to the governour <fc the rest of the 
monthly court what they conceive concerning them, who vpon 
returne & reporte, shall have power to dispose & proportion 
the said meddow as they judge mecte, to such planters as 
being freely remitted into small lotts have hitherto had noe 
meddow granted l)y the towne, <fe to setle rates for them to 
pay according to each mans different proportion of meddow, 
& that wUi respect to time past & time to come, w^h grant 
& order the planters afforesaid accepted, promiseing to pay 
rates accordingly, only if vppon tryall they find they caimot 
conveniently improve the said meddowes, they would forthwith 
returne tliem backe to be otherwise disposed l>y the towne. 

To prevent contention & much inconvenience w^'h may 
grow by secret promises, covents, deeds of bargaine & sale, 
mortgages & other alienations of land, it is ordred that a 
booke of entryes shalbe duely & fairly kept by the secretary, 


of all alienations, conveyances & assurances of what kind 
soever, whether of howses or lands belonging to this plantation, 
w*h such limits, extents & descriptions as may conveniently 
be done, and may vppon any question after, serve to cleare the 
agreement & bargaine, but noe entry to be made but by ex- 
presse order of court, & every such entry to bee accounted 
good agat/nst according to the intent & nature of it, agajnst 
any former promise, covennant, bargaine, mortgage, deed of 
gift, or any convejance whatsoever not so entred, though all & 
every such promise or deede shall have its just force against 
every person or persons that made them, and against any other 
part of his or their estates. And before any such entry passe, 
the parties equally betwixt them, or one of them as they have 
agreed, shall pay downe to the treasurer for the townes ac- 
count, two shillings for the same. 

To suppresse vnnecessary contentions partly, & partly to 
ease publique chardges, it is ordered that each magistrate 
w*hin this plantation shall keepe a book of every warrant & 
attatchment given out by him, & direct them all to the mar- 
shall, & that the marshall shall receive of the plaintiffe before 
he serve them, eight pence for each warrant & 1« for each 
attatchment, of wch fees one third part shalbe for his paines 
in serveing them, over & aboue his sallery, the rest he shalbe 
accountable for as pte of his wages, & it is further ordered, 
that before any tryall in court betwixt pty & partie, the plain- 
tiffe pay to the treasurer for the townes vse, three shillings & 
fewer pence, over & aboue the warrant or attatchment, all 
w<^h chardges shalbe finally borne by the plaintiffe or defend- 
ant, or both of them, as the court shall judge meete. 

It is ordred that every one warned to the monthly court for 
transgressing any order of the generall court, & fownd an 
offender, or being warned for fines or rates after they should 
have bin payd by the generall courts order, the same haveing 
bin first privatly demanded by the treasurer, m'^shall, or any 
other officer o^ psons appojnted for that purpose, shall pay to 
the m*" shall 4<*, and that every one vppon any occassion com- 
mitted to prison, besides other fees, chardges & attendance, 
(wch the court will order & judge) as the cause requi>eth, 
shall pay to the marshall for turninge the key one shillinge. 
[131] II It is ordered that a certayne quantity of planting 
land by the small lotts, on the east or southeast side of the 
towne, called the Oyster-shell feild, shall by the magistrates & 
deputyes be let out to such planters as neede & desire the 
same, for seaven yeares from a® 1641, at a moderate & due 
rent to be yearly paid to the treasurer, for the ease of publique 


chardges, w*^h was accordingly done, the rent from severall 
psons amounting to about tenn pownds a yeare. 

Uppon a due consideration of the trouble & hinderance w<^h 
sundry, both of this towne & other plantations find & vndergoe 
in getting over the East River, over wch as yet there there is 
noe bridge, it is thought meete & ordered tliat a ferry be forth- 
with setled, and as it may be continued for the ease of such as 
have occassion to passe that river to or from the towne, and 
that a shedd be made at the townes chardge, by the watter 
side, & 3 acres of planting land in the Oyster shell feild, wUi 
as much conveniency as may bee, be lajd out for the ferryman 
rent free, so long as tliis court sliall judge meete, wth an 
abatement of rent, or some further allowance, (as the magis- 
trates and deputies shall see cause,) to Mr. Brunwing, who 
from the towne according to the former order, rents that part 
of the Oystershell feild. And it is ordered that the ferryman, 
providing & maintayninge a lardg & serviceable cannow or 
boate fit for that service as the court shall appojnt, & giveing 
due & constant attendance about it every day fro sun riseing 
to sun setting, (Saboth dayes & times of solemne & publique 
worshipps excepted,) may demand & receive of every one lie 
carrjeth or recarieth over the said river at the ferry place, two 
pence a time, if there be not aboue 3 passengers. If aboue 3 : 
& not aboue 6^ he may take three half pence a person. If 
aboue 6 to 8 o^ 9, the fare to be 9 pence, and for any greater 
number, a penny a person. And for the further incouradg- 
ment of the ferryman in this service, it is ordered, that if any 
belonging to this plantation shall transport any person or per- 
sons in any other boate or cannow in the ferry way, (his owne 
famyly or workfolks as their buisines & occassions require ex- 
cepted,) he shall pay to the ferryman a penny a pson for every 
one so transported, but the farmers on the cast side ai'c left 
free, either to vsc their owne cannowcs or boats, or to agree 
wth the ferryman as they can when they have nccde. And 
Francis Browne vppou the considerations before expressed, 
accepted the service vppou tryall, and became ferryman for 
a yeare from the 16^ *> of June, 1045. And after that either 
to continew or desist as the court and he shall see cause, and 
his man l>eing lame & so not able to carry on the service at all 
times, he is left to his liberty to come to the generall traynings 
as the occassions of the ferry will pcrmitt. 

Vppon the consideration of the hurt <fe mischcife w*^h is like 
to arise & increase by woolues & foxes seizeing vppon sheepe, 
goates, swine and the smaller & weaker sort of great cattle, it 
was formerly ordered that 15^ should be paid by the treasurer 
to every one that brings a woolfes head & 2» 6^ for every fox 



head, but Tppon a further debate, December the 8**, l&lo.the 
court being informed that noe man att^ids this serrice as his 
imployment Sc busines, but improves oppertunitie as he findes 
it occasfeionally, ordered that the treasurer henceforward pay 
only two pownd of i>owder A^ 4* of bullets or shott, or the val- 
lew thereof for every wolues head i one shilling for every old 
fox hea^l, A sixe pence for every younge one, to such of this 
plantation as w^hin Kewhaven limits kiU & soe bring them. 

It was granted to )Ir. Laml>erton that he might take in a 
peice of grownd for a yard to his cellar by the west creeke, but 
the quantity A limits to te ordered by those that are intrusted 
to admitt planters & dispose of lotts, provided that he pay for 
the said grownd as they shall set the rate, and shall hereafter 
sell both that cellar & this yard thus granted to whom & when 
the court shall appoynte, and at reasonable price & vppon a 
ri32] further proposition <k request made since by || Mr. 
Laml>erton, the magistrates & deputies w% Mr. Craine & 
Leiutennant Seely were desired to veiw a peece of grownd 
ncare Mr. Liambertons howse, vppon the side of the East 
creeke for a wharfe 4k warehowse, & if they judge it conven- 
ient, tliey may dispose of it to Mr. Lamberton, he either pay- 
ing the worth of it, or enjoying it for the present & hereafter 
parting with it to the towne at such rate as indifferent men 
shall judge meete, or vppon such otlier tearmes as they shall 
conceive tend to the piiblique good. 

W'n Pecke, havcing but halfe a small lott for a howselott, 
& thorhy much streiglitncd, desired au addition of twenty 
rodd of grownd over against his howse by the creeke for their 
further coiivenicncy, wch on this condition was granted, that 
if the towne se cause at any time hereafter, for pul)liquc vse 
or respects to reasume it vppon allowance of such chardges as 
shall tlien bee judged meete, he shall resigne it. 

To prevent much sin <k inconveniencie w<^h may grow by 
disorderly ineeteings <fe drinkeings, it is ordered that none of 
or l)elonging to this plantation shall either directly or indi- 
rectly wUiin their howses, cellers or other places, sell or 
deliver out any sort of wine or strong licquors by retayle, 
namely by j)ottles, (juarts, pintes or the like, w'hout expresse 
lisence from this court, vnder such penalty & fine as the 
monthly court, vppon due consideration of the miscarriadge 
or contempt shall see cause to impose. And at present, W"' 
Andre wes and Georg Walker are allowed to drawe & sell by 
retayle, but w^h advice & order that they l)e carfuU & circum- 
spect to whom <fe what quantities they either deliver out or 
suffer to i)c drunck in their howses, or any place where they 


draw or have command, that disorder may be either prevented 
or observed & pmiished. 

Mr. Trowbridge his howse for want of due & timely repaire 
falling more & more into decay, the court thouglit fit, for the 
advantadge of the creditc^s as shalbe hereafter ordered by the 
court of magistrates, to sell it to Mr. Evance vppon such con- 
siderations as arc expressed in a wrighteing & agreement about 
it, but herevppon Mr. Evance propownded and desired the 
court to grant him the cellar formerly belonginge to Mr. 
Trowbridge before his howse lott, but not wMiin the compass 
of it, w^h some small inlardgement to build a ware howse 
vppon, which was granted, provided that in tlie whole it ex- 
ceede not twenty footc square. . . P . . , . 

F: 1645. " 

1645] new haven colony records. 221 

[133] At a Generall Court held att Newhaven the 

16° March 1645. 

The last generall court held Febrilary 23'** was now read 
& confirmed, only in that order about Thomas Fugills second 
devission, it was neither granted nor propownded that Mr. 
Gibbard should cgnsider of any exchange of land or other 
course for such overplus as should be fownd taken in by him 
vnrighteously ; this was looked vpon as a miscarriadge & 
vnfaithfulnes in his place, that wUiout warrant he should 
frame & pen an order for his owne advantadge, & he there- 
vpon in court presently blotted out those lynes. 

John Brocket haveing, according to the last courts order, 
surveyed the land fenced in l)y Thomas Fugill for his second 
devission & measured how farr it lyeth from the towne, a 
report was made to the court that it is about 2 miles from the 
center of the towne, yet so that f parts of an acre, or 60 
rods of the land inclosed, is wUiui that distance, w^h. is 
cxpresely contrary to order, as it was granted and should 
have bin entred ; but l)y survey it appears that instead of 24 
acres, his full proportion for that second devission, he hath 
t^iken in 52 acres <fe 13 rodd. Being asked what warrant or 
grownd he had so don, he confest his fault in fenceing it in 
without a surveyor, & his sinfull miscarriadge in takeing in a 
quantity soc farr above his proportion, but by way of excusse 
alleadged, that his grant being for clearc land, it would have 
bin very chardgable liad he not carryed his fence to the rocke. 
He was told he had taken in aboue 28 acres of cleare land, 
hath gon over the river for part of it, w^h he should not have 
done, <fe hath taken in neare 24 acres of wooddy & hilly land ; 
w^h if it had cased him in fenceing, wUiout a grant from the 
court he ought not to have don ; but by the plott it appeareth 
he might have taken in 24 acres wMi lesse fenceing then these 
52 acres require, though the rocks, soe farre as they reach, 
serve for a fence, and if the place would not have afforded 
24 acres of land fully cleare, he must have taken it as it 
falls, his proportion & grant being noe more, and though he 
vnderstood that some of the church and probably some of the 

8S2 nam haven o(xuo^y bboobAb. [1645 

towne, were offended at this his ynjust course, yet in some 
yeares he had neither procured a survey nor advized w^h the 
court about it though from time to time he had sufficient 

This being considered was fownd and judged a publique 
vniighteousnes, & so a publique offence & scandall, wch may 
not passe w^hout due censure, It was remem- remembred that 
when Thomas Bobinson, one that is noe planter, for remove- 
ing some land marks in an vnrighteous way for his present 
advantadge in the grass then to be cutt, though he could not 
hold nor get the inherritance, had bin latly fined 40' in court, 
Mr. Wackman & Leiutennant Seely were therfore desired to 
advize w^h the magistrates and deputies whether this offence 
be not more proper for the court of magistrates then for New- 
haven monthly court, and onn the townes behalfe they were 
ordered to prosecute accordinglie. 

But the court was further informed, that besides the for- 
mer vnrighteousnes in the quantity of land, a small part lying 
w^hin 2 miles, he had severall wayes offended & falsified 
orders ; in entring this order made November the 29^^ 1641, 
the grant in the substance was this, that he should have his 
second devission of the clearo grownd by the west rocke, pro- 
vided it were not w^hin the 2 mile nor granted to any other, 
& by sundry in court it was renunembred that he was bownded 
& limitted wUiin 2 rivers ; but in his booke of noates then 
taken in court, ho hath left out the 2 mile, hath mentioned 
nothing of the rivers and hath added (or so much as he 
desires), of w«^h clause he can give noe satisfying reason; it 
was neither by him so propownded, nor was it any part of 
the courts order. And as whereas besides his booke of noats, 
before mentioned, ho keepes two other books, wherof the lat- 
ter is to bo a faire and lasting recorde, besides the former 
materyall defects they differ from his booke of noates in other 
respects. In both of them that clause (if not granted to any 
other) is left out, & a clause is added in such manner, & w*h 
such circumstances as gives much offence. 
[134] II For Mr. Cheevers & Mr. Wackman heareinge of his 
vnrighteous inclosure desired to se how the grant was penned, 


Mr. Cheovers read it iii Mr. Wackmans & Thomas Fugills 
hearing ; he is assured & knoweth that at that time the order 
ended w'h these words, or as much of it as ho desires. Mr^ 
Wackman conceivetli that clause, (according to his pportion,) 
was not then in the booke, they both affirme that vpon that 
grownd, Mr. Cheevs tould Thomas Fugill that the order was 
vnlimitted & not easily transgressed & seemed to marvayle 
men should speake of his takeing in too much land, but 
added, yo« meane according to yo*" proportion, Thomas Pugill 
closed, both that that was his meaninge, (yet said not it was 
soe entred or written,) and that men would be talkeinge. Mr. 
Cheevers, when they were gon from Thomas Fugills howse, 
repeated the order to Mr. Wackman, & presently after wrott 
it downe, according to w<^h he reported to Leiutennant Seely 
how it was entred, who confidentlye replyed that the entry soe 
made was a falce entry. This soone came vnto Tho" Fugills 
knowledge, but when the book came after to be veiwed, the 
line affording roome, these words were added, (according to 
his proportion,) but w^h other pen & inke, a lesse character & 
crooked, as w'h a trembling hand. The booke vppon occassion 
being brought & left w^h the governor Mr. Cheevers observed 
& was oifended at this alteration, and at a meetcing w*h 
Thomas Fugill before the govcrnour & ciders, questioned him 
about it ; Thomas Fugill beginiuge to justifie himselfe, the 
governour, to prevent further rashnesse and sinfuU expres- 
sions, by way of caution told him the book was w^hin, & he 
had veiwed it, and if he could judge of writing, these words 
were added & written after the former part of the order w'h 
other pen & incke, & w4i a different character, notw^hstanding 
w^h, Thomas Fugill boldly replied, that if the goveno*" would 
give it, he would presently take oath they were written at one 
& the same time w^h the rest, but the booke being brought out, 
tlie difference was so apparent that Thomas Fugill was forced to 
chang his expressions & said he would take oath it was not 
written since Mr. Cheevers saw & read the order, herevpon his 
second booke was sent for, out of w^h this record was coppied, 
and therein also, (the line affording roome,) the same words 
seemed to be added, the difference in writinge, (though not soo 


much as in the great booke,) was deare & evident, w<^h misear- 
riadge of his gave offence to all present ; but this second booke, 
being by the govemour & elders since veiwed^they severally^but 
eadi of them stronly, apprehended that a pen & blacker 
incke hath bine drawne over it, their being now either none or 
a difference so small as is scarce discemable, yet Thomas 
Fugill being questioned, againe & againe denieth it. 

The govemour informed the court, that, being offended at 
the former recited passadges, the next time Thomas FugQl 
came vnto him he warned him in private of his bold & sinfull 
way of protestations & o£kring to take oath, as if by confident 
contradictions he would drive men from the truth they knew, 
and besides the former passadge, instanced in a case betweene 
Thomas Fugill & old Goodman Wilmott, minding them of 
that rule, let your communication be yea, yea, nay, nay, 
oathes even in certayne truthes are not lawfull till they be 
necessary and duely called for. Profane men indead in other 
places who litle attend truth, thinke they must swere that they 
may be bcleived, and in his case, it would be noe other then 
a high breach of the 3^ commandement. Thomas Fugill justi- 
fied his offereing to take oath to (Joodman Wilmott in regard 
of the truth in question betwixt them ; and for the former 
passadge about addeing the words in the great booke, at first 
said he offered to take oath it was not done since Mr. Checvers 
read the order, but being minded of the former perticulers, he 
[135] seemed convinced & acknowledged ||it was his sinfull 
rashnesse, yet in court began againe to turnc & winde, & so to 
evade the goverHo'^s testimony, but gave noe satisfaction. 

The premises l)eing duely considered, some of the members 
of the court & towne propowndcd whether it were not requi- 
site & necessary to choose another secretarie, who might more 
fjBiithfully enter & kccpe the townes records. The secretarie 
confessed his vufitnesse for the place by reason of a low voyce, 
a dull eare & slow apprehensions. He was answered the the 
court had longe taken notice of sundry miscarriadges through 
weaknesse o*^ neglect, yet in tender respect to himselfe & his 
fiEunylie, they had continued him in the place, (though wUi 
trouble to others,) a review of orders, before these offenses 


brake out, being vppon that consideration thought necessarie 
& ordred. But vppon this discouery of vnfaithfulnesse & 
falsyfying of orders & records, they were called to lay aside 
those private respects, for the publifc saftie. By the court 
therfore he was presently put out of his office of secretarie 
for this plantation, but the court not being prepared to make 
a new choyse so suddenly, Mr. Francis Newman, Mr. Richard 
Pery & brother John Clarke were intreated to take noats of 
what should be propownded & ordred in the remayning part 
of this court, & so of the next monthly court Aprill the 7**», 
& severally to draw vpp each court, fit for a record, that this 
court may have a tryall of their severall abilities, & in due 
season may, w*h better satisfaction to themselues, proceede to 
a new elexion. 

But notwithstandmg all the former discoveries & proceed- 
ings, Thomas Fugill in the close of the day being called to 
read his noats about those first passadges^his entry about the 
secretaries office runs thus, (It was propownded whether the 
court will chuse another secretarie, because Thomas Fugill 
hath bin defective in his place, it was agreed that a new one 
be chosen,) w^h bchig so directly contrary to the expressions, 
carriadge & conclussion of the court, gave further oifence. 

It was ordered that the old deputies shall continew this halfe 
yeare to come, & then in October next at the new choyse dep- 
uties are to be chosen for a whole ycarc as the magistrats 

Mr. Browning, Mr. Ling, W"' Payne, Tliomas Knowels, 
Jn® Hall <fe Mr. James, vppo" their request <fe their occassions 
being knowne to the court, had leave for to depart the court. 
It was propownded that the free gift of come to the col- 
ledge might I)e eoutijiucd as it was the last yeare <fe it was 

Mr. Atwater, the present treasurer, informed the court that 
he had sent from Connecticott fortie bushells of wheat for the 
coUedge by Goodm" Codman for the last ycares gift of New- 
haven, although he had not received soe much. 
Brother Abraham Bell <fe brother Mathew Camfeild were 

chosen collectors for this present yeare for the gift of corne to 



the colledge, and wompom was allowed to be paid by those 
that had not corue to pay in, each pecke of come being val- 
lued 12*^ & 2 o"" 3 mouthes time was allowed for men to bring 
it in to the collector's in. 

It was propownded that Edw : Chipfeild might have libertie 
to make bricks in the playnes vnder the West Bocke to w^h 
their is a good liighway, which was allowed off. 
[136] II The court was informed that sundry swine had bin 
killed by the Indians doggs, and vppon the demand of dam- 
adges they promised to kill their doggs, & have brought the 
heads of 7 o' 8, & hervppon desired that if the English swine 
doe trespasse them they may also be satisfied for the same, or 
rather p''vent their swine fro™ trespassing them. Leiut Seely 
herevppon informed the court that the Sagamore told him he 
durst not acquaynt him who had mischeivous dogs yet alive, 
because they would poyson him. Leiut Seely was herevppon 
requested to learne the names of such as the Sagamore feared 
& had doggs left & returne y°» to the governour. 

It was propownded (that seing wc have a miller that gives 
content to the towne,) that we might have a loader alsoe. 20^ 
a yeare was ofifred by Capt. Malbon to any that would vnder- 
take it, & he would find them w^h two horses & keepe them 
w^h meate, only he should tend them, or els lie would allow 
40^ a yeare & y^ loader should find 2 horses wUi meate all the 
yeare, & he further said if any man would vndertakc the for- 
mer worke, he would carrie the towne corne to mill for 1^^ 
¥ bushell. This was refierred to consideration. 

Whereas at the last gennerall court it was propownded that 
a bridge might be made over Newhaveu River going to Conn- 
ecticott, viewers were chos", & vppon view have fownd a con- 
veynient place, aboue a mile & halfc above the old passadge. 
Bro. Andrcwes & bro. Munson require 4^ 10* for the carpen- 
ters worke & carriadge, & they thought 20« might serve for to 
fit the banks for passadge. John Thomas promised to helpe doe 
that, & as soone as possibly may bee. 

It was ordered it should be don, & that a surveyo'* looke onn 
it & lay out a way from the place, that the farmes might not 
be damadged by passengers that goe & come that way. 


It was propownded that sister Lampsou should be provided 
for at the townes chardge, so farr forth as her husband is not 
able to doe it. 

It was ordred the last gennerall court that men & weomen 
should be seated in the meetinghowsc, thcrfore it was pro- 
pownded that all the seats be finished for feare of want of 
roome & to stvoyd offence. 

It was formerly ordred & now againe spoken to, that euery 
one tume their swine & other cattle the same way their land 

It was ordred that euery man throughout the towne repaire 
and mayntayne the highwayes before their homelotts the 
breadth of two rodds. 

It was propownded that noe calues goc in the cowes walke, 
namely the cowes & ox pasture, not intending the farmes on 
y« east side. 

It was ordred vppon Goodman Dightons information of the 
court of a good place for the feede of calves vnder the West 
Rocke or beyond it, that it should be viewed, & himselfe was 
intreated to goe & shew the place he intended, that it might 
bo knowne whether it will answere the end or noe. 

Complaynts being made of some mens putting their calves 
in the spring & fall into the meddowcs to the prejudice of 
them, it was tliought to be a transgression, but refferred to 
private consideration. 

[137] ||Bro : W™ Thompson complayninge of damadge don to 
his [meddowes] for want of his neighbours fenceinge, & a 
peece of wast grownd lying w^hout him of ^ an acre, he 
desired it might be granted him: bro: Myles <febro: Hen: 
LjTidoU were desired to view it & to rcturnc their thoughts 
to the court concerninge it, so that if the land exceede not 
the quantity mentiond, he might have it if it prove not to 
the damadge of the towne or the prejudice of the highway. 

Bro : Wackman & bro : Cheevers were chosen deputies for 
the jurisdiction court in Aprill next. 


It was ordred that Leiut. Seely should have 6 acrs of med- 

dow added to his pportion & next to the sea by the black rocke. 

It was ordred that those persons whose names are vnder 

written shalbe viewers of the fences about the tow" y« next 


.Tho™ Nash & Ric^ Pery, for Mr. Batons & Mr. Davenports 
quarter; Jno. Cooper & Christopher Todd for Mr. Newman & 
Mr. Brownings quarte ; Jno Ponderson & Tho™ James for Mr. 
Evancc quarter; Jcrimy Whitnell & serj' Jn® Nash for Mr. 
Gregsons quarter ; Hen : LmdoU & Roger Allen for Mr. Lam- 
bertons quarter ; Jn^ Mosse & Jn^ Walker for the Oyster shell 
feild ; Jn^ Clarke & Corp^ Wliithead for the suburbs qu^'ter ; 
William Bradley & John Thompson for the farmes. 

It was ordered that the perticulcr court & cheife military 
oflScers should consider whether it bo meete for watchmen to 
sleepe that are on the guard or noe, also whether lesse then 
seaFen may not be sufficient to watch in one night. 

It was propownded l)y captayne Malbon, that if a con- 
veynient companny of the trayne band would of themselues be 
willinge to bring their armes and attend the service on the 
Lords dayes & Lecture dayes, & the lik vnder a penaltie, ap- 
poynting sentiiiells in their course from amongst th*" seines, 
might not be freed from walking the rownds, & have libertie 
and conveyniencye of seats made & appoynted in the meeting 
howse for that service & the walking the rownds to be supplyed 
by them of the towne that bruig not their amies constantly. 

It was ordered that the way to the oxe pasture be where it 
is now layd out, altliough not formerly soe intended. 

It was desired that a view might be made of the land behind 
Mr. Wackman & Mr. Goodyears quarters, in the reare of their 
devizions. Alsoe what land lyeth behind the Yorkshire quar- 
ter for y« small lotts. 

It was propownded whether any should watch in the towne 
whose dwellings were a mile out of the towne, also whether 
those that had noe bowses nor estats in the towne should serve 
therin. Tliis was refferred to the perticuler court & the cheife 
military officers consideration. 

It was propownded by brother Thomas James that his sec- 


ond devizion might be laid out, this was referred to considerar 

[Next on page 138 follow the names of sundry persons who at ditrerent times took 
the oath of fidelity, which have been already printed on pages 140 and 141 of this 
volume, and then succeeds an entire blank page.] 

[138, bis.] [A Court holden April 7'^ 1646.] 

A diflference betwixt some of Guilford, for whom Mr. John 
Caffinch stood plaiutiffe, & Elias Parkman of Windsor, for 
whom bro : Jn° Benham stood defendant, was p^sented to the 
court, but testimony not being p''sent for either side it was 

Bro: Tlio°» Beamont hath sold his homelott lyeing next 
vnto Robert Pigg by allowance of the court vnto the said 
Robert Pigg. 

Samuell Marsh being complayned of for absence & late 
comming to traynings, Mr. Crayne gave some answere for him, 
but it was respited till he doe appeare to answere for himselfe. 

Thomas Tobie, Robert Ysher, W"" Andrewes, W"* Fancye 
& Theophilus Higginson were complayned off for disorderly 
drinking strong licquors to tlic abuse of some of them, so farr 
as that they lost the vse of their senses. 

Tho'n Tobie said that it was true he fasting & watching y® 
day & night afore & not being acquaynted wUi the nature of 
the licquoir, drinking thrice of the bottle, was overcom by it, 
so that he had not the vse of those abilities that elce he might 
have improved, but was carryed vp to bcdd by two, w<^h he 
desireth to owne as his sinne <fe shame. 

Robert Vsher acknowledged he dranke soe much as that 
going into the ayre it wrought soe on him that he had not the 
ordring of his tongue nor feete. 

W^n Fancy owned it as his sin his oft drinking, being that 
at the first he felt it hott in his throate, but he was not dis- 
tempred, howeu'' submits to y« court. 

W'n Andrewes junio"^ confessed he was as a meanes & 
occassion of this, w^h he desireth to owne as his sin, but he 
intended only refreshing them. 


Theophilus Higginson said he dranck three times, but he 
not loveing of it tooko but litlo. 

For w<^h disorder of all & distemper of some, they were all 
fined, vizd Tho"" Tobie, Robert Vsher & W"™ Andrewes jxmio*^ 
20» each of them, W*" Fancy 10^ & Theophilus Higginson 6". 

Corporall Leavermore being complayned of for his mans 
defect in want of a rest, sword, worme & scourer, but haveing 
procured som & p'^omising to provide the rest as soone as pos- 
sibly he can, was fined but I*. 

Serjeant Munson being complayned of for taking away 3 
hands fro™ traynings to goe fetch hay, he alleadging a promise 
to have had it don while he was gonn to Moheigin, & after he 
came Jiome, but being putt of & in hazard whether he should 
gett cannowes or the like to doe it, & if he had not imbraced 
that oppertunjty he could not have had hands to helpe him & 
considering it was don on a shewing day after they had shewed 
their armes he was fyned 2'^ each person. 

[139] [ ] 

Richard Pery chosen secretarie for the court of Newhauen 
vntill October next. 

Francis Browne had liberty to depart the court, to helpe 
some cattle over the river. 

Brother John Herryman received the chardge of a freeman. 

Consideringe the state of the jurisdiction & the righteous- 
nesse the towue is bownd to attend in payment of severall 
debts, which for the p''sent were due, it was thought mecte 
that a new rate be assessed, and that it be paid w'hin a month, 
& that the halfe yeare rate due in October be paid into the 
treasurer in June & July next ensueing at farthest, in monny, 
beaver, come or wompom, in butter or cheese & great cattle 
moderatly p^'iscd. 

It was propownded by the governo"^ that each person that 
hath land or doth rent any this yeare in the necke doe bring 
in their quantities to the govern'', & how he will improve it 
this yeare, before the first of May next or before lie put in any 
cattle into the necke, vnder the penaltie formerly setled, and 


that bro: Cooper drive the necke the 17**» of this instant 
Aprill & afterwds whose cattle soeuer be fownd there they 
being pownded shall pay ^ the owner 6<^ a head as ^ a former 

It was desired that those that desire right in the Beaver 
Ponds should issue their thoughts about it w*hin a month, & 
if they doe not, no"* give in their mynds to the governo*^, it is 
to be leu to the courts dispose. 

It was granted that brother W«» Thompson might fence in 
his meddow & the small parcell of land straight from the quar- 
ter to the causey with it. 

Brother Wackman & brother Seely were desired to view 
that meddow Mr. Goodyeare desireth at his farme, & to 
returne their thoughts of it to the court. 

Brother W™ Tharpe was spared from future traynings, with 
respect to the weaknesse of his boddy. 

Brother Francis Newman & bro: Crayne were desired to 
view a peece of grownd which brother Lecke desireth to build 
a shopp onn agaynst his howse. 

It was ordered that the surveyours of the highwayes doe 
view them, & returne the names of those that are defective 
either for cart or foote. 

It was ordered that each man mayntayne a good way before 
his howse lott throughout the towne, whether it be for cart or 

[140] [ ] 

Mr. Brownings son wanting a gune & sword, his case being 
such as his armes were sold before winter, his intents being 
to have gon for England, <fe pmising to provide agaynst the 
next trayning day, his fine for pi^sent was remitted. 

Ambrosse Sutton being defective in his armes, y^ mayne 
spring of his gune being naught, was fyned 12<*. 

Goodm" Whitnell, defective in worme & scourer, was 
fyned !«. 

Goodman Lampson, for a defect in y® length of his rest was 
fyned 6^. "" 

282 nam hayeM colony BaooBDe. [1646 

The townes fence being complayned off as defective w^hin 
Mr. Davenports quarter, towards y® Mill River, w^'h was don 
by Jn^ Mosse & Timothy Ford, they submit to the prising 
their fence, & yeald it vpp to the towne, w<^h was vallued 
at ^ ^ p rodd & was in all ^ rodds, as p the 
view's noat appears. 

Brother Crayne haveing sett vpp some fence b^re any 
court order was made for the sises of posts & rayles, it being 
now fownd defective, it was appoynted that his accompt be 
viewed & so to see the pportion betweene the fence & the prise 
paid for it. 

Timothy Ford was complayned of for his powder being short 
in waight & dusty & soe not serviceable as it ought to bee, was 
fyned 2- 6^. 

Robert Emery for his defective fence of his gune, fyned 1*. 

Ju9 Cooper wanting a rest was fyned 6^. 

John Gibbs defective in his gun fyned 6<>. 

Robert Ysher defective in y« sockett of his peece fyned 1*. 

Benjamin Hill defective in scourer, but being warned to y« 
court he neith' acquainting his master w^h it nor appearing, 
it was counted a contempt. 

Samuell Wilson wanting worme & scourer & rest was fyned 
6«, considring he had notice given him of providing & he 
doing it not. 

Tho"» James, his scabbord being too short fyned 6^. 

Natha: Seely defective in scourer fyned 6^. 

Bro. Davis for 3 men of his being defective in buUetts & 
one in match, for w^h he was fyned 20». 

W"» Wooden defective in powder fyned 12«^. 

Bro. lues wanting a scourer, ) , ^ , ^^ 

Bro. Mitchcl wating a gun sticke, j 

Goodman Os))ornc defective bulletts, scourer, worme & rest, 
but being now supplycd was fyned but 5». 

Samnell Daighton wanting all armes, but he being latly 
come to towne & at p»^sent provided, it was passed by. 

James Bisliopp defective in his rest fyned 6^. 

Tho«» Beech defective in his rest fyned 6*^ . 

Tho"» Knowlcs defective in his rest was fyned 6^, & he not 


haveing paid a former fine was ordred to clearo it before the 
next court. 

Samuell Marsh being seeking cowcs during his absence 
from traynings, it was accepted of the court as a sufficient 

Goodman Plat hath sold 6 accrcs of meddow on the west 
side vnto Roger Allen, w^h meddow lyeth next above Mr. Gib- 
bard, in a peece of meddow called an island, & the West River 
runeth vpp on the other side thereof. 

[141] II Goodman Piatt hath sold about 11 acr. J of vpland 
to Mr. Jno Wackman & John Gibbs w^h fronteth against Mr. 
Evance quarter & is bownded on the rearc by Jn^ Gibbs & 
Hen : Glovers lotts, & lyeth betweene Mr. Wackman & Mr. 
Bracys lotts. 

Goodm° Piatt hath sold all his land in the Necke to W»n 

Gk)odman Piatt hath sold 2 acr: of meddow to Tlio™ Pugill. 

Richard Hull hath sold 6 acr of vpland vnto W™ Thompson, 
which fronteth towards the subburbs quarter, &. lyeth at that 
end of his lott, & is betweene W»n Preston & Henry Lindoll 

The GoVSeniour being informed of severall leawd passadges, 
ordered W™ Fancy to appeare wUi his wife at the Court, to 
answcre for them. The examjnations of Goodm° Fancy & his 
wife following were read in court, viz*^.* 

Goodwife Fancye examined the 14'^ Aprill (46) said that, 
I. About two yeares since working for Goodwife Robinson, 
being alone in the cellar with Tho'" Robinson her husband, he 
tooke hold of her, put downe his ownc breeches, put his hand 
vnder her coates, & w^h strength & force labored to satisfie his 
lust, & to defile her, indeavoring to throwc her downe, & when 
shee began to cry out, he stopt her mouth, but some of the 
shipmen occassionally calling him away he left her for that 

2. When they lived in Leiut. Scely's cellar shee going into 
the planted lott to fetch in a barrow full of wood, Indian corne 
being then & there growne man high, hearing a noyse amongst 
the stalks of corne & lookeing about shee saw Tho™ Robinson 



& said vnto him, goe & be hanged, what doe you here, but he 
fiustened vppon her, strove to have kissed her, but vppon her 
hallowing or crying out, (though the winde being high she 
conceiveth she was not heard,) he left her. 

8. Another time being at worke there, (Joodwife Robinson 
desired her to goe into the lott to gather pompions, & there he 
agayne attempted the like, but she resisted & told him these 
practises of his would not long be hidd. 

4. After this againe she going forth to catch a hen, he came 
& put down his breeches, strove to stop her mouth, but she 
makeing a noyse, her husband came forth of the cellar, & 
Robinson seing hun left her. 

After this W« Fancy lived at Tho™ Clarks howse, Tho™ 
Robinson came tliither, this examinate saith she seing him 
oomminge, & fearinge his filthy lustfiill attempts, gott & stayed 
out of the howse. Robinson prayed her to come in, proffessing 
he came with noe evill intent, but to make peace w% God & 
her, she told him her husband knew of his filthy leawd caiv 
lyadges, he must therfore make peace with him; this was 
about 12 monthes since. 

Notw^hstanding all former passadges, Tho" Robinsons wife 
wanting help in her cliildbod state, he impudently desireth 
Goodie Fancy to kcepo her, she sends him \Tito her husband, 
& he, considring the wcomans neede, consents. After she had 
bin there a weeke, her •husband asked her how Robinson car- 
ryed himselfe, she answered she thought he was become a new 
man ; but the second weeke he returned to his former filthy 
course. Goodwife Fancy gouig forth with him into the cow 
howse in the evening to hold the lanthorne while he cought a 
hen for his wife, he suddenly darkned the lanthorne, fownd & 
tooke hold of her in the darke, she crying out, (fearing he 
would kill her,) what shall I doe; but he put downe his 
breeches, put his liands viider her coats, & gott them vpp, 
thrust her to the wall or pale A indcavored with his boddy to 
committ adultcrie with her, but she resisted & hindered him 
[142] & told him that if || he went onn thus, he would come 
to the gallowes; he pished at that, but told her he would 
never medle w% her more. This was about 10 weeks since. 


6. Yet againe during that attendance onn his wife, this ex- 
amiuate going forth to fetch wood to make a fier, itt being her 
night to watch, Robinson followed her, put downe his breeches 
& indeavored to satisfie his lust as before, but she cryed out, 
threatned to awake his wife & to acquaynt her w*h his course, 
wherevppo he gave over & this was his last attempt vppon her. 

This examjnate saith that she hath from time to time ac- 
quainted her husband wUi Robinsons leawd lustfuU attempts 
vppon her, (except that 5*^» passadge in the cowhowse, w^h 
yet she after told him oif,) & prcst him to complayne to the 
gov, but W"» Fancy refussed & desired it might be concealed, 
fearing, (as hee then & now professeth,) that his wife haveing 
bin publicquely punished for theevery, should not be beleived ; 
& by way of excusse, he now further added, that being ignor- 
ant of the mynd of God in the Scriptures, he knew not but 
that it might be concealed. 

By examynation & confession it appeareth that the former 
leawd & outragious attempts came tlius to light, Tho»" Robin- 
son, at Mr. Evance his howse hearing Hannah Marsh say she 
delivered a paire of sizars to Stephen Medcalfe before he went 
for England, Robinson in the hearing of Jn^ Thomas and others 
replyed, there is another cutler in lownc for a necde who could 
spare a paire of sizars or a knife, <fe added he thought he saw 
the sizars spoken of att Goodwife Fancycs, & that she was a 
theife & other words to that purpose. Goodwife Thomas 
sometime imployinge Goodwife Fancye in her occassions, 
either told her or sent her word what Robuison had said. 
Fancy his wife passionatly & in way of rcvendge tooke vp this 
proverbiall speech, save one from the gallowes & he will hang 
you or cutt your throate if he can. Goodwife Thomas, by the 
words supposing some great guilt was concealed & lay hidd, 
inquired the meaning, <fe Fancycs wife discouered Robinsons 
filthynesse & villeny. 

After this Fancyes wife going home from Jn^ Thomas his 
howse fownd Robinson staying for her in Stephen the cutlers 
shopp, & weeping he spake passionatly, is this come forth & 
added he would rather that his life & all goods were gone then 
that his wife should have knowne of it. 


Ooodwife Robinson bearing these things was exceedingly 
troubled & desired they might be taken ypp in a private way 
if it might bee, and Tho<" Robinson and his wife pressed 
Goodwife Thomas to that purposse ; Goodwife Thomas replyed 
that he might see a hand of God in this bugnesse, for his 
other vnrighteous dealings, yet told him if she might saflye, 
she could be content to conceale it if she might see a generall 
reformation in his course, but Robert Ysher knew of it A 
must by a due acknowledgm^ be satisfied. Robinson meeting 
w*h Vsher that night, insteede of satisfying him, provoaked 
him by telling him it was but a word in jest, & that Fancy his 
wife wronged him, herevppon it was resolved that counsell 
should be asked & proceeding ordred accordingly. 

W™ Fancy & his wife both aflSrme that about a fomight 
since Tho™ Robinson offred them 10» in silver for their satis- 
faction that there might bee noc further prosecution. 

John Thomas & his wife say that Robinson did before them 
acknowledge some miscai'riadges & did but weakly if at all 
deny the rest that Pancyes wife chardged him with ; he knew, 
(as he said,) that a weomaus word would passe before a mans 
in this case, espctially scing Fancy his wife said she would 
take her oatli for the truth of her chardge. 
[143] II Goodwife Robinson confessed she had heard her hus- 
band confesse he liad spoke some words to try Fancys wife 
but lie could not owne all she liad chardged him with, being 
asked where her husl)and is, she saith that yesterday in the 
afternoonc he went forth in a sadd discontented frame, and as 
she since hcarcth, passed over tlic ferry, but since she hath not 
heard of him. 

W»" Fancyes wife saith further that about 3 monthes since 
Marke Meggs came to their howse & asked for her husband, 
saying he was ordred by Mr. Francis Newman to receive 8« 
of him, she replyed her husband should gett it for him so 
soone as he could, but it shice appeareth Mr. Newman sent him 
nott. As Fancys wife then passed by him he caught hold of 
her, strove with her, put his hands vnderher coats, shewed her 
a string of wompom & told her he would give her that & 6« 
more if she would teach him to gett a boy, but she resisting 


be went away. Wheu her husband came in she told him 
Marke Megs was a roaguc, & acquainted him what he had 
done, whercvppbn her husband & the cutler went & spake w*h 
him ; he presently acknowledged his fault to them, & severall 
times since hath acknowledged it to Fancys wife. 

Concerning Stephen Medcalfe the cutler she saith, that her 
husband & she lying in his bowse soone after the hand of God 
was vppon Stephen in the losse of his eye, he came, (as she 
was sifting meale,) in a basse lustfull way to kisse her by 
force, she said it were better he never touched "any while he 
lived, yet after this while he was vnder cure when her hus- 
band was abroad, it being his watch night, Stephen went to 
bedd but left his candle burninge, she called to him to put it 
out, he bad her come put it out or take it for her vse if she 
would, she refusing, he after put it out & she went to bedd, but 
first tyed downe the latch of the dore soe as she thought it 
could not be opened from w^hout ; yet, as she conceyveth 
about midnight, the dore was opened, & by the creeking 
awackned & frightned soc that she cryed out with much feare, 
who is there, then Stephen spake & went to his cubbard, 
dranke some strong watter^& went away. Fancys wife arose, 
went out & came in againe, walking vp and downe. After 
the day brake the weaucr & her husband came home, she told 
her husband Stephen was a rogue, & said she would com- 
playne to the magistrate but lier husband diswaded her. Ste- 
phen lay long in bedd that morning. After he was vpp he 
went to Mr. Pells, her husband met him & told him of his 
miscarriadge. Stephen came home and asked Fancys wife 
what she had told her husband, she answered nothing but 
what Stephen knew was true, yet at his request, her husband 
promised to passe it by. 

Marke Meggs being called to answer Goodwife Fancyes 
chardge did at the first wholy dcnny it, whcrevppon W™ Fancy 
informed the court that so soone as he came to the knowledge 
of his forementioned action, he called to h"™ to speake wUi 
him, who was then killing a pigg at Goodm° Mosses & there 
told him of it, & that since Marke had sought to make his 
peace, & at that time Robert Ysher, that he might not come 


to the knowledge of it, was sent out of the way, & he ttie said 

Marke Meggs told them if it came to light he should be 


[144] llCorporaU Mosse informed the court that James Hej- 

wood told him that Marke Meggs came into Ooody Fancjrs 

howse & downc with his breeches. 

Gk)odman Banister informed the court that Daniell Paule A 
himselfe being at worke w^h W<° Fancy, he upp & told them 
that Bobinson was run away & feared his wife would be a 
cause of his being whipped and so Marke Megs. 

John Meggs informed the court tliat W™ Fancy being at his 
shopp told him what his bro : had done, & that he thought he 
would be fyned, & if that it were soe he would take nothing 
of him. 

John Thomas informed the court that Marke M^ told him 
that the Goyem>r said that Jn9 Thomas needed not come to 
court if he could say nothing for him, the w^h words the 
goy>r said not, but Marke Meggs exprest to have hidd his isinne 
& guilt. 

Bobert Ysher informed the court that one night Marke 
Meggs came and called W™ Fancy & his wife to speake w^h 
them, & Goodie Fancy desired him the said Robert to goo vpp 
into the chamber, then he asked the. matter, she said nay, 
neither shall Stephen tell you what Marke came about. 

Goodwife Fancy vppon oath affirmed that Marke Meggs 
commiuge for 8» or 10" vppon a last day at night, she told him 
she thought her husband had it not, but he should gett it, & 
thought Mr. Newman would not be soe deare, then went out 
into the lott & comminge in agayne he caught hold of her, 
put his hands vnder her coats, offred her a string of wompom 
he then had & 5> more if she would teach him gett a boy — 
& ye next day savd one, being the second day of the weeke, 
he went to him. 

Goodm" Fancy vppon oath affirmed that he spake. wUi Marke 
Meggs in Goodm" Mosses yard & said to him he was a basse 
fellow for to goe to abuse his wife, offriug some wompom & 5* 
more & that he going to acquajnt Mr. Gregson wUi it, Marke 
mett him, acknowledged his fault & said if hoe should goe & 



tell of it he should be vndone, & intreated him to consider 
his case, for he had drauke a cupp of sacke & Stephen desir- 
ing him, he granted to passe it by. 

Capt. How, being then in court, told Marke Meggs it was 
not his way to deny it before God & a court of justice, for 
though the court might, God would not clcare him if guiltie, 
for God may have left him to the act, although there may 
want evidence, as he may remember a defect of evidence in a 
case of this nature formerly. Therfore desired him not to 
leave God & himselfe in this act. 

For w^h sinful & lustfuU attempt, although denyed at p»"s- 
ent by himselfe yet suflBciently proved to the satisfaction of 
the court, he was centenced to be severely whipped. 

Goodie Fancy for herselfe in concealm* of the forcmcntioned 
vylenous & lustfuU attempts by severall as appeareth by her 
own confessions, & W«» Fancy for his behig as it were a pan- 
der to his wife & neglecting the timely revealing of these fore- 
mentioned attempts to have defyled his wife, who should have 
bin her ptector, & although he was told of them, neither did 
discover them himselfe, nor would he suffer his wife to doe it. 
Both were centenced to bee scvearly whipped. 

Joseph Guernsy for his wilfull neglects of ol>edience to his 
m"^ his commands & rysing vp <fe abusing his m"* & his bro., as 
appeared by the testimony of bro : Joshua Atwater, bro. Chee- 
vers, Mr. Francis Newman and Eliz^ Downinge, was cen- 
tenced to be sevearly whipped. 

[145] [A GcnneraW] Court held the 25^^ May 164G. 

In regard of severall occassions & worke to be done agaynst 
trayning day, bro : Nash is spared & bro : Leavermore also, 
because that if hee attend this court it will hinder his burning 
of potts this whole weeke. 

It was remmembrcd that the last Gen*^ court it was ordred 
that men should have payd their rates, but it being 6 weeks 
since & yet all not brought into the treasurer, men were ad- 

840 NIW HAYBf COLONY BB00SD8. [1616 

Tized to take some speedy course, or dee the marnhall shall 
have order to wame them into the court the next weeke. 

It was likwise considered that whereas there was an order 
made to p>^serve meddow & comefeilds, A swine ordred to he 
kept abroad, but for p^sent it not being attended, it was 
desired men would attend it better for y« future. 

It was ordred that whatever swine were fownd w^hin the necke 
or any fenced vpland w^hin two myles of the towne Tnyoaked 
A vnrunge shall pay Q^ a head besides a penny powndage, & 
that this order take place the next day following at night. 

Bro : Cooper was desired to drive the necke, & he pmised to 
doe it. 

It was ordred that every man bring in the eare marke of 
his swine that so if they should be pownded, they might be 
knowne therby, but if the swine e. c. be not knowne therby 
they shalbe duely cryed & somtime after they shalbe prised, & 
a new & publique marke sett vppon them, wlierby the pown- 
der may know them, & yet euery one may see his owne marke 
also, & that before any new marke be added or the creature 
prized, the approbation of the magbtrate is to be required. 

It was ordred that bro : Cooper be cryer in the marshalls 
stead, in regard that he cannot attend it manny times because 
of prison's. 

It was ordred that henceforward all dry cattle be kept by a 
keeper, (a pticul^ agreement by them at the farmes on the 
east side excepted,) although this order passe w^hout a fine. 

It was ordred that noo man put any oxen in the oxe pasture, 
Mr. Evance only excepted who hath liberty granted vppon his 
indeavour to kcepe them from the cowes. 

Bro: Phill: Lceke was desired to keepo an ordynary or 
inne, & to pvidc for the refreshing of seamen, w«^h he tooke 
into consideration. 

Libertie was granted bro : Phill : Leeke to draw wine for 
Mr. Malbon, he attending a court order formerly made for 

Bro : Peter Browne had liberty to depart the court for the 
remaynder of this day. 

Jerymy How had libertie also to draw strong watters for 


Mr. Evance & Mr. Gilbert, he attending a former order made 
for sobryety. 

It was ordrcd that if they that live at the farmes come vppon 
trayning dayes by that time the company is in ranke & file, & 
before they have moued, it shall not be accompted late com- 

The choyce of the Artylery company officers was allowed 

Bro: Francis Browne, Mr. Caffinch & Goodman Bassett 
were dismissed from attending the court, occassions w*^h were 
vrgent calling them away. 

[146] II Mr. Malbons meddow so called, belonging to Mr. 
{_Gregsans JIf Jlf]r. Wackmans quarters I[t was moved] they 
might have a way to their land, and the subburbs desired 
the like. Mr. Gilbert, Mr. Francis Newman were chosen as 
committees to looke on the way, & one of each quarter was 
ordred to goe with them, to propownd their objections to them. 

Bro: Phillip Leeke, vppon some pressant occassions, had 
leave to dept tlie court this day, & liberty was given him also 
to make vse of a peece of grownd before liis dore, provided 
that if it so fall out that the townes occassions require it, he 
then surrender it & remove his howscing from it. 

It was moved that some place might be fenced in wherein 
straug''s horses might be kept, but at present respited. 

Mr. Goodyeare & Mr. Robert Newman being desired to goe 
to Mrs. StoUion who lyeth very weake & thought her change 
draweth nigh, they had leave to depart the court. 

It was ordred that wliosocuer fetcheth fire, or sends for it & 
not in a covered vcsscU, though the fire be denyed them, or 
vppon any other occassions they come w^hout it, they shall 
pay G^ fine; l)ut if they carry any fire away, they shall pay 
12^, because great damadg may growe to the towne by slight- 
nesse & carlcssnesse this way. 

It was ordrcd that whosoever shalbe fownd takeing tobacco 
in an vucovcred place, as in the streate of tlie towne, or in 
mens yards, shall pay 6^ fine each time, also if onn trayning 
dayes, either in tlic company or the meetinghowse at any 


242 mW iLiTEH CX>LONY BBOORbB. [1646 

It was ordred fhat.the waights & measures of this towne 
bee viewed once a yeare, somtime in September, it being at 
their liberty that are to doe it in what part of the month, vnder 
the penalty formerly mentioned. 

Bro. Jno Mosse, Natha : Merryman, Richard Webb & W» 
Payne were freed from attending the court, to helpe Hr. Mal- 
bon get goods ashore. 

It was ordered that brother Seely & brother Gregory doe 
looke that noe hydes come out of the tanners hands but those 
that are well tanned, A that they scale them if they doe allowe 
them, & that they haye 4<^ p hyde for veweing & sealing of 

The remaynder of the former court orders reviewed were 
now read in court. 

The order for a come measurer in this towne was repealed^ 

[147] At a Coubt held at Newhauen this 2^ June, 


Mrs. Brewster, Mrs. Moore & Mrs. Leach being warned 
about severall miscarriadgcs of a publique nature, appeared 
and were chardged severally as foUowcth, 

Elizabeth Smith late servant to Mrs. Leach, saith that hear- 
inge Mrs. Brewster loud in conference w*h Mrs. Eaton, Mrs. 
Moore & her Mrs. as she sate at worke in the next roome, 
shee called Job Hall, her fellow servant to heare also, who 
could better remember the perticulers of such a conference 
then herselfe. 

Imp^'mis, Job & Elizabeth botli affirme that Mrs. Brewster 
repeating somthinge of Mr. Davenports prayer to this purposse. 
Lord add to the church such as shalbe saved & build vpp to 
perfection those whom thou hast added ; and speakeiug of his 
sermon said, Mr. Davenport maks the people bcleive that to 
come into the church is as much as the recciveing of Christ. 
Job saith she added, Mr. Davenport carryeth it as if they could 
not have salvation wUiout comming into the church. What 
concemeth Job in this part of his testimony he gave in 
wrighteing, & affirmed before the magistrates, yet now in 


court was somewhat doubtfull whether he heard the words 
from Mrs. Brewster herselfe, or only heard Elizabeth repeate 
them from Mrs. Brewster. His best light, (he said,) serveth 
for the former, yet he was loath to give oath therein. The 
court blamed him that he had not better considred this before, 
yet wished him to deliver nothing vppon oath but what he was 
cleare in. 

Mi*s. Brewster as before the Governo*" & Mr. Goodyoare 
formi^ly, so now in court denyed the chardge. 

2<**y. Job & Elizabeth affirme that Mrs. Brewster speaking 
of somthing Mr. Davenport had dcliuercd vppon Ephes. 4, 12, 
concerning pcrsonall faith, that if a man lived where he might 
joyne to the church & did not, it would prove a dcluzion to 
him. Job affirmeth that Mrs. Brewster said, when she heard 
it her stomacke wombled as when she bredd child, & spake it 
twise or thrice if not oftner in reflFcrcncc to tlie sermon. Eliz- 
abeth saith, that twise or thrice she spake to that purpose, 
that she was sermon sicke, & that proceeding in conference 
she presently said that when she came home slie badd her son 
mak wast pap of it, w<^h she the said Elizabeth conceiveth was 
spoken in refference to the noats of Mr. Davenports sermon. 

Mrs. Brewster denyed these words, sermon sick, or that it 
was in refference to the sermon, & those words of making wast 
paper &c. but confesseth slie said her stomack wrought, smell- 
ing an ill save'' in the seate, wherin she gave noe satisfaction 
to the court. 

3*^^y.- Job & Elizabeth affirme that Mrs. Brewster (in con- 
ference speaking of scandelous persons,) asked Mrs. Moore 
whether she had not heard for what Mrs. Eaton was cast out 
of the church.* Mrs. Moore asked Mrs. Eaton why she did 
not confesse her sinne, Mrs. Eaton answered she had don it, 
but not to the churches satisfaction. Mrs. Brewster said if 
Mrs. Eaton had scene her light before she came into the 
church she had not come in. 

Mrs. Brewster confesseing the former part, saith she remem- 
bers not that she spake those words, if Mrs. Eaton had scene 

• The reader can learn some of the reasons for which Mrs. Eaton was cast out of 
the church, (in May, 16i6,) by consulting Bacon's Hist. Disc, a9«-306. 

244 NBW HAYBI OOIONT EB00BD6. p.646 

ber light &c ; she hath heard that Mrs. Eaton came iato the 
church in a hurrey, and went out in a hurrey. 
[148] II 4ti>i7. Job & Elizabeth affirme that Mrs. Brewster 
speakeing of the contributions said, it was as going to masse 
or going vp to the high alter, & being asked by Mrs. Moore 
why she then went to them, she answered, because her hus- 
band had comanded her. 

Mrs. Brewster denycth that euer she spake of masse, or high 
alter in refference to the contributions, the first time she 
heard of the word alter, applyed that way, was in the seate, 
Mrs. Lamberton speaking of that text, when thou bringest thy 
gift to the alter, but she saith Mrs. Moore asked what rule 
there was for going to the high alter in the contributions, but 
Mrs. Eaton defended the practise of the church. 

b^^^J. Job saith he heard Mrs. Brewster say that Mr. Fugill 
being at her howse profiessed vnto her that Mr. Eaton laid one 
thing to him w^'h if God should take him away that night, he 
did not know it to be soe, Mrs. Brewster added they goe two 
and two together, & writt down what scandelous persons say & 
soe hurrey them & compare their writeings, & if they find any 
contradictions they are chardged for lyes. She concluded, I 
pray God keepe moe from them. 

Elizabeth remmombreth that Mrs. Brewster said, Mr. Fugill 
was chardged by Mr. Eaton w^h that he could not remmember 
nor owne if lie should dye, & tliat shee concluded, God keepe 
mee out of their hands. 

Mrs. Brewster denyeth that euor Mr. Fugill told lier, or she 
to any spake of any thing chardged vppon him by Mr. Eaton 
w<^h he could not owne, but in generall, that something was 
chardged w^h he could not owne, & she denyeth all the latter 
part, going 2 <& 2 together, wrighting, comparing, chardging 
lyes, & her conclussion from thence. 

Q^^^y. Job affirmcth that Mrs. Brewster asked Mrs. Leach 
whether she had any mynd to joyne wUi the church, Mrs. 
Leach answered, noe, Mrs. Brewster asked whether she had 
not formerly had % mynd, Mrs. Leach answered, yes. Mrs. 
Brewster replyed, yo' mother is a weoman of wisdom, this she 
doubled, yo^ mother is a weoman of wisdome, adding, she can 


teach you well enough at home. Elizabeth remembreth the 
question put to Mrs. Leach w^h her answere as before, & that 
Mrs. Brewster rcplyed, her mother could teach her, or tuta"^ 
her well enough at home, or words to that purpose. 

Mrs. Brewster saith she told Mrs. Leach she had heard she 
was about to joyne w'h the church but now declyned it. Mrs. 
Leach answered, (as formerly to Mrs. Wackman or some other 
of the church,) it was because she fownd soe manny vntruthes 
among them, but Mrs. Brewster denyeth that shee said her 
mother was a weoman of wisdom & could teach her at home. 

7thiy. Elizabeth saith that Mrs. Brewster being asked by 
Mrs. Moore whether she saw the persons whipped for their 
vnnaturall filthjnesse about a month since, she answered noe, 
but they were cruelly whipped & that her son said he had 
rather fall into the hands of Turks, & hath rather be hanged 
then fall into their hands. 

Mrs. Brewster denyetli that euer she spake of cruelty in 
their pimishment, she rather thought they deserved more, & 
that the censure was mercyfuU, nor euer did she heare her son 
speake of falling into the hands of Turks, though he spake 
somthinge pytying them that were first corrected & that if he 
were fit for death, he would rather be lianged then soe 

[149] II 8thiy, Elizabeth saith that onn thefowerth day of the 
weeke, before W"™ Preston was cast out of the church, Mrs. 
Brewster mett w^h some sister of the church ]>etwixt her owne 
howse & Mr. Leaches, & seing her look sadd, Mrs. Brewster 
asked her what was the cause. The sister told her some 
passadges of W'" Prestons miscariadgcs for which the church 
was like to proceedc against him, Elizabeth sath Mrs. Brews- 
ter related this to Mrs. Moore in a scoffing manner, adding in 
her speech to Mrs. Moore, I looked pittyfully when I spake 
w'h the sister, as if I had bin one of them, which Elizabeth 
conceivcth she did, to draw from the sister what shee could. 

Mrs. Brewster confessed she mett w^h Goodie Charles & 
spake with her, to the purpose the chardge, (in the first part,) 
importeth, but denyeth the latter part, concerninge scoffeing 
& lookemg pittyfully, as if she had bin one of them. 

fM MKW a^TBr caumr noona. [UM 

Job J^ Elii» both nj, dial lln. Biewster Taed to lftii|^ Jc 
soofle al an the fimner paasidges Ifaejr have leBpecSanlLj 

9tki7. Elizabetli Smith saitfa, thai haTeing bin forth A eom- 
ming in to her Mrs. howse, die heard Mrs. Brewster, speaking 
lowd to Mrs. Eaton eoneeminge bamshm^it, say, they ooold 
not banish her bnt by a Gennerall Court, & if it came to that 
diee wished Mrs. EaUm to come to her A acqnaynt her w*h 
her judgment A grownds about baptizing, & she would by 
them seduce some other weoman, & then she, the said Mrs. 
Brewster would comphiyne to the court of Mrs. Eaton A the 
other weoman should complayne of her as being thus seduced, 
and soe they would be banished together A she spake of going 
to Boad IsUind. 

Mrs. Brewster confesseth the chardge, but saith she spake it 
in jest A laughing, she was told, foolidi A vncomely jesting 
are sinfiill, but to harden one agaynst the truth who already 
lyeth vnder guilt, may not passe vnder a p^tence of jesting. 

10^i>>7. Job saith, that the last day of the weeke, being May 
the 9*^, he was called vpp before Mrs. Brewster, Mrs. Moore 
A Mrs. Leach, at Mr. Leaches howse. Mrs. Brewster told him 
shoe had bin where she had justified hersclfe agaynst a great 
manny of his lyes & added, she would have him & his slutt? 
you & yo' harlott, to the whipping post. Elizaljeth saitli tliat 
she being below in the howse at this time, heard the former 
words. Mrs. Brewster spake them soe lowd that, (as she con- 
ceiveth,) they might bo heard into the midst of the streate. 

Mrs. Brewster denyed those words, you & yo' slutt, you & 
yo"^ harlott, to the whipping post, in refference to Job Hall. 
Mrs. Moore & Mrs. Leach being questioned about them, ac- 
knowledged such words were spoken, but conceive, yo' slutt, 
yo' harlott, were not reffered to Job Hall, but to them the said 
Mrs. Moore & Mrs. Leach, Elizabeth standing in relation to 
Mrsk Leach as her servant. 

The court thought it scarce probable, the whole speech being 
continued to Job Hall, that yo' slutt, yo*" harlott should 
bo reffered to others, nor is it likly that Mrs. Brewster should 
cast any appearance of blame vppon Mrs. Moore and Mrs. 


Leach for Elizabeths miscarriadges, as yo' slutt, yo' harlott 
seeme to import. 

llthiy. Elizabeth saith that onn the same day, May the 
ninth, Mrs. Brewster told her that she went about carrying 
lyes, to currcy fauo^ to keepe her whores back from whipping, 
adding, she would call her nothing but whore and harlott till 
she had bin whipped and was marryed, then she must call her 
so noe more, & if the fellow did not come home he must take 
[150] his monney || if he can gett it, or els he must take it 
out in whippinge. Mrs. Brewster further said that EUzabeth 
told halfe truthes & halfe lyes. Eliz» answered, her halfe 
truthes will prove whole truthes. Mrs. Brewster replyed, will 
they so, you brasen facd whore. Elizabeth answered she was 
greived for her sinne, & desired to be soe all her daycs. Mrs. 
Brewster said, she had gotten a few of the fine words. 

Mrs. Brewster denyed the word whore, she said she called 
her only harlott, she was told such rayling landguadge was 
vncomely & sinfuU, Micaell the Archangell durst not carry it 
soe w'h the Divell, though he had matter enough against him. 

12'*^^y. Job affirmeth that Mrs. Brewster, speaking at Mr. 
Leaches bowse of a conference she had with widdow Potter 
said, she asked her why she was not received into the church 
agaync, widdow Potter answered, because she could not leave 
Edw : Parker, yet if they could shew her a rule for it, she 
would. Mrs. Brewster added, Parker is not vnder scandall, 
yet because he gave not satisfaction to the elder, they will not 
lett y™ marry. 

Mrs. Brewster acknowledging the substance of this chardge, 
saith that widdow Potter tliought the rule they would hold 
forth would be against the marrying of him, & she conceiveth 
she heard either widdow Potter or Edw. Parker say he had 
bin with the elder, but had not given satisfaction in his ac- 
count, & therfore thought tlicy would not let him marry her. 

Edward Parker & widdow Potter being herevppon demand- 
ed, before the Governour, magistrates & eld^s, how they vnder- 
stood the churches proceedings, whether the widdow were kept 
out because she would not part wUi Edward Parker, what re- 
ports they had made & to whom. 


They both acknowledged several! conferences betwixt Mrs. 
Brewster and them. Edw. Parker saith he told Mrs. Brewster 
he did not know whether the church were against the marry- 
adge or not, they did not make the match, nor did they goe 
about to break it off, but advized them to walke according to 
rule. Mrs. Brewster wished him to take 2 or 3 witnesses & 
goe to the magistrates & desire them to marry them, and if 
they refiussed it, then before witnesses to take one another A 
goe together. Edw : Parker saith he told her he would not 
doe soe, yet she pressed the former advize, vppon him 2 or 3 
tymes. That she also said the widdow should doe well to con- 
fesse in a publik meeting that she had done him the said Ed- 
ward Parker wronge in what she had said of him, when to 
hold forth repentance she confessed her sinne intreating mar- 
ryadge with him. He further saith that Mrs. Brewster shewed 
her dislike of the churches proceedings, & 2 or 8 times wished 
him to bidd widdow Potter come to her before she came. 

Widdow Potter saith titat Edw. Parker told her that Mrs. 
Brewster disliked the churches proceedings & desired to 
speake with her, after w<^h widdow Potter going for some 
anyseeds, & Mrs. Brewster vnderstanding who she was, she 
bad her sit downe, gave her a cupp of sacko & dranke with 
her, and as she romembreth, the first question Mrs. Brewster 
asked was whj she was not received into the church, her an- 
swer, (being sometime in a hurrey of sperit & apt to lay blame 
on the church,) might probably bee, she was kept out of the 
church because she could not leave Edward Parker, though 
now she se cause to judge herselfe for it. 
[151] II The elders severally and severall times haveing 
clearly expressed thomselues in such manner as might wholy 
have freed her from such apprehensions, pressing they con- 
cluded uothinge in the case, but advized her to attend and 
submitt to rule when it should be held forth, she saith further 
that Mrs. Brewster hath often advized her to make an end of 
the buisinesse with Edw: Parker in the way she had pro- 
pownded to him, & told her of 2 partyes in the Bay who had 
don soe, Widdow Potter also acknowledged her fault in tell- 
inge Mrs. Brewster the latter part of a speech of Mr. Malbons, 


that if Edw: Parker should hangc himselfe at her dore she 
might have peace in it, but not telling the former speech whJ^in 
Mr. Malbon put the weight, the whole speech running thus, 
that she should keepe close to the rule, and in soe doing she 
might have peace though he should hange himselfe at her 
dore ; she saith she concealed Mr. Malbons name, but Mrs. 
Brewster wondrd at her speech as she reported it. 

Mrs. Brewster said, Edw : Parker & widdow Potter were 
hipocrits & she would prove them soe, what they spake was to 
currey favo"^ that she might get into tlie church againe. She 
chardged Edward Parker that comminge from the foresaid 
meetinge, lie told her the govern'", (when he was examjned,) 
looked wissly vppon him, as if by Mrs. Brewsters confession 
he had knowne all before, and so drew tilings out of him, and 
her mayde being called, spake to the same purpose. Edw: 
Parker denyed the chardgc as it was layd, & the magistrate 
and ruling elder then p'^sent cleared the govern*". Mrs. 
Brewster proceeding to perticulers concerning her famylyar- 
ity w^h widdow Potter an excommunicate person, she at first 
seemed to justifie it, saying her pastour in England admired 
that none of the sisters went to one Mrs. Bennett, cast out of 
a neighbour church for obstynacy in erro*", to reclayme her in 
a way of love. The Govern'" answered her pastour was ab- 
sent, the court knew not what bee had spoken in the case, nor 
on what grownds, but for her to cate, drinkc, & to sliew such 
respect to excomimjcatc persons did expressly crosse y« 
rule. Herevpon she denyed she had dranke w^h widdow Pot- 
ter. Widdow Potter in court affirmed it, & added Mrs. Brew- 
ster drank to her. Mrs. Brewster said she dranke not though 
she put the cupp to her mouth, she asked whether any of the 
sacke went downe, widdow Potter said, from her carryadge & 
outward appearance she app'"hended she drunke, but could 
not say what quantity went downe. Mrs. Brewster herein 
gave much oifence to the court, but she proceeding said, she 
disliked not the churches proceedings, but had wished Parker 
& widdow Potter to attend rule, and for the councell she gave 
them that they should goe to the magistrates, & before wit- 
nesse desire to be marryed, & if the magistrats refussed, then 



before witnesses to take one another A goe together, she said 
she spake it in jest A laughed when she spake. Edward Par- 
ker confessed she laughed, but said she pressed it vj^n him 
two or three tunes. Widdow Potter affirmed the same & tliat 
she gaye instance in a couple in the Bay who had don soe. 
The court could not allow her answer in poynt of truth, the 
evidence was stronge agaynst her that notwithstanding any 
laughing or smyling contenanc, the advize was seriouslie 
given & pressed vppon the partyes severally & uppon eadi of 
them severall times, A sett onn firom an instance in the Bay. 
[152] II Mrs. Brewster was also chardged that contrary to an 
expresse A knowne order made by Newhaven Gennerall Court, 
she had retayled wyne both out of dores by forbidden small 
parcells, A had sufficed workmen A others to sit drinking 
wyne by pyntes and quarts within her howse. She answered 
it was when there was noe other wyne in towne, A divers were 
either sicke or hadd neede of it. She was answered, she 
might have sold a butt or lesse quantity to Goodman And- 
rewes who was intrusted to retayle A must be accomptable had 
there bin any disorder, she replyed he could not make pay to 
her content. She added that Mr. Goodyeare, Mr. Malbon A 
Mr. Evance, who are of the court, sent to her for small par- 
cells, she hoped they would not lay snares for her. Mr. Good- 
yeare denyed that he had sent for small parcells. Mrs. Brew- 
ster said his wife had don it. Mr. Malbon A Mr. Evance ans- 
wered, they had broken noe order in sending A were not wil- 
ling to send for more then they must needs, on her termes. 
It was chardged that she had vsed her howse as a taveme, 
suffringe company to come in A spend their money in drink- 
ing wine by quarts A pints, she said she had sufired none so 
but her workmen, she was answered, she might not suffer 
workmen so to drincke, but her answere was not true, as would 
bee prouod if there were cause, but she seemed to fall vnder 

Mr. Malbon informed the court that Mrs. Brewster had said 
she would prove him a lyar, which he hoped she could not 

Mrs. Brewster said what she spake was because Mr. Mai- 


bon came to her howse and chardged her with things he could 
not prove, Mr. Malbon aflfirmed the matter was true, if there 
were any mistake in circumstances, it was not cleare whether 
the mistake were in him or Jonathan Rudd. 

Edw : Parker said he could take oath Mrs. Brewster said 
she would prove Mr. Malbon a lyar, w*^h being spoken against 
a magistrate, without a call, in a whisping way, besides the ref- 
ference to the ninth commandement, is an offensive, sinfull 
miscariadge, against the fift commandement, but Parkers oath 
was not required. 

Mrs. Brewster being asked what further she had to say 
either for hersclfe or against the witnesses, shee was full of 
speech, offered to take hold of the witnesses & to draw them to 
her, as if she would have over-ruled their testimony ; she was 
told meeknesse & modesty would better become her in such a 
place. In anythinge she doubted or denyed, the court would 
tak noe evidence but vppon oath, she seemed to chardge the 
court as if she could not be heard, but being reprooued for 
such boldhcsse contrary to truth, she fell to justifie herselfe 
that she approved Mr. Davenports ministry. If some one 
tyme he had not expressed himselfe so clearly and fully as at 
others she propownded questions for liis information, and at 
last, going to Mr. Davenports, she was fully satisfied. She 
denyed that cuer she vsed the words sermon sicke, or masse, 
or high alter, in refference to the contributions. She con- 
fessed she had rather have given twice as much in a private 
wAy to pastour or teacher, she went because her husband com- 
manded her, yet afterwards she expresly denyed that her 
husband had commanded her. 

[153] ||Dyvers witnessing against her therein, she would have 
wound herselfe out of the contradiction by saying her hus- 
band allowed her to goe, then that her husband wished her to 
goe, but she gave noe satisfaction. 

Then she laded the witnesses with reproach that she might 
disable their testimony, all of them were lyars. Job by his 
lying had l)in the death of Mrs. Leach her child, w^^h, (she 
not being able to prove,) was accounted a rash or false 
chardge. She saith he was taken in two lyes about her beinge 


tMunion sicke, w«h he had after denyed, and that Mrs. Malboii 
had bin the occassion of his sinne in telling lyes out of dona. 
Job denyed the chardge of lying. Mr. Godfrey being called 
to it, yppon oath testified, that Job had said he had sinned in re- 
porting things out of the iamyly, but Mrs. Malbon had sinned 
more in drawing them from him. Job answered that looking 
on himselfe as the accuser, he was one while discouradged 
firom complayninge to the magistrate, but being at Mr. Malbons 
howse & Mrs. Malbon questioning with him about the meeting 
at Mr. Leeches howse, his owne sperit being then burdened, 
he then accounted it a call to speak what he had heard, though 
some doubts after returned. 

Arthur Holbridge testified he had heard Mr. Leech speake 
well of Job, as satisfied w^h his service & carryadge. Mrs. 
Brewster said Elizabeth was a harlott. She accused her also 
of lyinge, for proofe whorof she brought in Gk)odwife Elsie, 
who testified that Elizabeth had said, that would be the last 
weeke in Mr. Leeches service, Phillip fearing she might hurt 
herselfe therin, whereas Phillip had spoken nothinge to Mr. 
Leach or to her. Elizabeth replyed that she spake her owne 
app'hensions heriu. Mr. Leach witnessed that Elizabeth firom 
the first entrance into his service, was of a crooked disposi- 
tion, & apt to speake vntruthes, & when himselfe or his wife 
had called her to account for miscarriadges she would seeme 
to be afiectcd and promise amendement, but they could never 
see much amendement in her. 

To all w<^h the Govenio*^ replyed, that the court would duely 
proceede against any of the witnesses according to allegation 
& proofe in duo season. In the meane time he propownded 
to the court whether any thing objected & proved by Mrs. 
Brewster were of weight against them or any of them in the 
cause, or whether they would notwithstanding take their testi- 
mony es vppon oath. 

W^h being duely considred, the magistrats & deputjes sev- 
erally expressed themselves that Mrs. Brewster had proved 
nothing to disable any of the witnesses, they were therfore to 
give in evidence severally vppon oath, that the cause might 
come to a due issue. And accordingly Job Hall & Elizabeth 


Smith, Edward Parker & widdow Potter /vppon oath testified 
all the perticulers they had respectively chardged, in mann' 
as is before expressed. Only Edward Parker & widdow Pot- 
ter, though they conceived Mrs. Brewster in her course & car- 
riadge disliked the churches proceedings, yet not remem- 
bring she had in soe many words expressed it, gave it not in 
vpon oath. 

[154] Mrs. Moore appearinge was chardged as followeth, 

Mrs. Brewster before the governo'* & Mr. Goodyeare, first 
in a more private way & now in coiu't, in Mrs. Moors presence 
witnessed, that Mrs. Moore in confierence about the churches 
course in contributions asked what rule there was for going 
to the high alter. 

Mrs. Moore at first dcnyed that ever she spake such words, 
yet afterwards seemed to fall vnder the chardge. 

Job Hall, serv* to Mi\ Leach saith, that Mrs. Moore in 
prayer w^h Jlr. Leaches famyly saith. Lord thou hast brought 
vs indeede, indeade into a wildernesse, the wildernesse of 
Sinaj, where they are in bondadge w^h Hagar & her children, 
but let never a soule of vs, (speaking of the famyly at prayer 
w^h her,) lia\'» any fellowshipp with them. She further saith, 
when Christ assendcd, he gave gifts to men, some to be apos- 
tles, some prophets, some evangelists, some pastor's, some teach- 
ers, but they arc gon through the world & are now assended 
into heau". That in opposition, as he conccivcth to Mr. Dav- 
enports sermon vpon Epliesians 4, 11 verse, she added that 
night in prayer, that now pastours & teachers are but the 
invention of men. That in conference with Mrs. Brewster 
she said, a vayle is before the eyes of mjnsters and people in 
this place, & till that be taken away, they cannot be turned 
to the Lord. He saith further, that Mrs. Moore vseth to 
expresse content & satisfaction when Mr. Davenport holdeth 
forth the excllcncy of Christ in his ministry, but she saith 
she loveth not to hcare him presse for practise. 

Elizabeth KSmith late servant to Mr. Leach saith, she remem- 
l>reth the substance of what Job saith & aflBrmeth, but not all 

364 MlfT HATBf iXn/asr RBOOKfaB; [1646 

ttie pertioulers. She witnesseth that in prayer Mrs. Moore 
saithy this people tM lik the people at Sinaj vnder bondadge, A 
prayeth that the Lord would take the vayle from their eyes, 
(in conference w^h Mrs. Brewster she hath spoken of a rayle 
before their eyes.) That Christ gave some to be apostles, 
some profetSy some evangelists, some pastors, some teachers, ft 
that when he ascended he gave gifts to men. But now pas- 
tors & teachers are but the inventions of men. . It is impos- 
sible they should have gifts. & that in the &myly they observe 
that Mrs. Moore is pleased when Mr. Davenport in his minis- 
try sets forth the exellency of Christ, but she loveth not [to 
heare him presse for practise. 

Mrs. Moore denyed the chardge. 

Thomas E[imberly saith that he being in conference with 
Mrs. Moore, she asked him what rule they had for church offi- 
cers now, he answered from Epfaesians 4, 11 v. that pastors A 
teachers are appoynted for the work of the ministry, A that 
Christ hath promised his presence A blessing to them therin. 
Math : 28. 20. v. Mrs. Moore replyed Christ was with the 
apostles to the end of the world, his promise is fulfilled A 
ceasoth, she told him he did depend on the interp'tacon of 
men. The™ Kimberly asked her whether she tooke the end 
of the world in that promise to refferre only to the places 
through w^^li they should travayle, she answered yes, or to 
that purpose. Thomas Kimberlye sayinge he vnderstood it 
to be an incouradgement to the apostles & to those that should 
succeode them in the teaching offices till Christ should come, 
she agayne told him he did depend on mens interp^tations, 
adding, I warr* you take the angells to be men & church offi- 
cers, he answered he did take those angells mentioned Revel- 
[155] lation, chapt. 2^ & chapt. 3^ to be men ||and officers to 
the seaven churches of Asia ; she a third time told him he 
tooke the iutcrprtation of men. She quoted that scripture, 
He hath made his angells ministring sperits, & for exposition 
& confirmation, alleadged that of Christ, a sperit hath not 
flesh & bones ; it could not therfore, (she said,) be spoken of 
men as officers to those churches, and added, if he could shew 
her owne place of scripture for it she would beleive. Tlio"* 


Kimberly advized that if, out of teuderncsse of conscience, she 
scrupiled these things, she should attend the best light ; the 
priests lipps should preserve knowledge &c. She answered in 
a great rage, she would goe to none of them all for any ti-uth 
of her salvacon, she was as cleare as the sunne in the firma- 
ment, & if he were not soe, she would spcake noe more wdth 
him. After tliis Tho™ Kimberly went agayne to dealc with 
her about her erro"* in the poynt of church officers, but she 
drew backe & would not heare him, giveinge only this answer, 
if she were in an erro^ it was to herselfe, he had noe author- 
itye to examine her about it. 

Mrs. Moore denyed that cuer she said, pastes & teachers 
are the inventions of men, she told Tho»» Kimberly she would 
conceale her judgm^ She acknowledged Christ was present 
with the apostles in their travayls to tlic end of the world, 
according to Mathew 28. 20. v. but for any other meaningo 
she dependeth not on mens interpretations, and she con- 
ceived those angells of the 7 churches to bee sperits, & not 
teaching oflicers. She alleadged Psalme 104. 4. & Hebrewes 
1. 7. 14. V. Tho*" Kimberly said, he had told her there were 
2 sorts of angells, some sperits, some in flesh, Mrs. Moore, 
said he, pished at it. 

The Governor told Mrs. Moore she was full of erro"^ not- 
withstanding y« scripturs, Angell is a name of ofiice, signy- 
fies messeng'^s, & may be applyed either to those glorious sper- 
its his messeng''s. Psalm 104. 4. or to men whom God im- 
ployes in such service, as in the Rcvellation. Christ was 
indead with his apostles in their worke through all their trav- 
ells, & they travelled farr, yet could not goe into euery part 
or country of the world, probably they were never in this 
lardge tract & part of the world, called America. The prom- 
ise is therfore of a lardger extent, that he would bee with 
them & their successes, such as in all ages & places he should 
imploy & send vppon the great messadge & buisjnesse of mans 
salvatio to the end of the world ; had she kept hw erro' to 
herselfe, herselfe only had bin hurt, but it is not to be sufiered 
that she should blaspheame & revyle the holy ordynanses of 
Christ & the church & people of God, that she should, as 


much as in her lyeth, by spreadinge her eiro's corrupt others 
k disturb the peace of the place. 

Mrs. Moore againe denyed the chardge, & perticulerly that 
euer she said, pastoi^s & teachers were the inventions of men. 
She affirmed herselfc to be a* member of a church, she was 
asked of what church, but made noe reply. She was told that 
by three witnesses it is affirmed she had vppon severall tymes, 
& vppon severall occassions said, that pastours & teachers are 
the inventions of men, k against one of the witnesses 
[156] II she could have noe just exception, he is of approued 
fidelity, she said Tho™ Kimberly had revyled her, but though 
demanded, shewed not wherein. Tho™ Kimberly denyed it, 
& Mrs. Leach, daughter to Mrs. Moore, who had bin present 
at their conference, beinge asked, said, she knew noe such 
thinge. Herevppon Leiut Godfry who had lodged & dyeted 
at Mr. Leaches, & was brought in (this court) as a witnesse 
concerning Job Hall, was asked what he heard Mrs. Moore say 
about pastors & teachers. He affirmed that in opposition to 
Mr. Davenport, Mrs. Moore, in his hearinge, had said, that all 
tliose to whom Christ gave gifts are dead, & that now pastours 
& teachers arc the inventions of men. Mrs. Moore asked him 
where she spake it, he answered, she spake it in Mr. Leaches 

Mrs. Moore was told that the evydence was full & perticuler, 
& suffitient to con\ince her, yet since she scemeth not satis- 
fyed, the court, (as in such cases,) would require oath, & ac- 
cordingly Leiut. Joseph Godfrey, Tho'" Kimberly, Job Hall & 
Eliz'^ Smith, vppon oath testified what they had severally 

Mrs. Moores daughter Mrs. Leach, being chardged, that 
vppon a question or conference about joyning with this 
church, she had said to Mrs. Brewster, (as formerly to Mrs. 
Wackman or some others of the church,) that she somtime 
had a myitd to joyne, but now declyncd it, because she fownd 
so manny vntruthes amonge them. 

The Govern^ asked what she said to the chardge, she 
ready ly owned it, confessing she had said soe. Being demanded 


what moired her to lay such a slanderous reproach vppon a 
church of Christ desiring to walke vprightly, & to goe from 
one to another with such a slaunder, she boldlye answered. 
She was told it was a cleare evidence of the churches integryty, 
that they could not l)eare with them that are evill, that as 
they are able they keepe their watch, exhort & censure ac- 
cording to rule, that vppon such a grownd any might have 
declyned Christs famyly, because there was a theife, a divell 
in it, & might have reproached that primitive pure church at 
Jerusalem, because Ananias & Sapliira were fownd out & pun- 
ished for lyinge. Such discoverys & censures did & ought to 
restrayn^ the presumption of hipocrites, but beleivers were the 
more added, and the people saw cause to magnifye such a 
church, Acts 5, 13, 14. 

Mrs. Leach neither excussed nor replyed, but as guilty 
seemed to take the weight of the chardge vppon herselfe, & 
continueing in Court, spake vncomly for her sex & age, and 
once falsly chardged the witnesses with contradiction, when 
there was noe appearance or disagreement betweene them, soe 
that her carryadge offended the whole court. 

These 3 causes being thus opened, & proofe thus made, were 
all ready for censure, but ^^)on consideration of the nature & 
weight of the offences, the magistrates & dcputyes conceived 
they were all proper for a higher court. By order therforc 
sentence was respited & refferred to the court of magistrates 
for the jurisdiction. 

[157] II Edward Parker was complayned of for going vp & 
downe spreading false reports to the defamation of Mr. Rich- 
ard Malbon, Magistrate, in saying that greater then W™ Pres- 
ton lately cast out of the church for lycing, should shortly bo 
called in question for neglecting to take knowledge of the 
drunckenesse of the boatswayne of the Adventure, and saying 
vnto him the next day after, that he would not for tenn 
pownds any had scene him as ho did the last night. And tliis 
he reported vnto Robert Emery & Mary Emery his wife, who 
lived at Mr. Malbons farme & now testified the same m court. 
Wheras in truth, as was testified by Mr. Malbon, ho seeing 
him the night spoken of runne in hast & it being darke, did 



not thinke whom it was till he was past h", ft to his observe; 
tion he reeled as he went, but soe soone as he saw h"^ the next 
day, he asked him whether he mett him not, & in what case 
was he in, the boatswayne answered^ in good case. Mr. Mat 
bon replyed that if he did mificacy in this place he would feele 
the smart of it. But the former report being spread by Edw. 
Parker who said he was told so by Jonatiian Budd, who was 
told so by the boatswayne & he told Samuell Daighton. Mr. 
Malbon going to cleare it to Jonatiian Budd, Jonathan Budd 
afterward told Edw: Parker Mr. Malbon went to dean 
h">selfe, but to abase h^. But Mrs. Brewster hearing of it, 
Edw. Parker said, I had rather be questioned by any boddy 
then her, for she hath a notable patte. 

Furth% Edw. Parker going to Mrs. Turn's from Mr. Mai- 
bons where he had killed a very &tt oxe, tells Mrs. Turner 
that Mr. Oregson was playne downright, but Mr. Malbon k^ 
the best & gave the seamen the worst of his oze, Mrs. Turner 
questioning him about it the day following, he told her she 
was a cunning weoman. But Mr. Goodyeare testified, the 
worst bit of that was better then the best of most. Mx. Mat 
bon testified the oxe had bin two yeares a foLtting, and haveing 
filled his tubbs, he was contented to spare the seamen of that 
w^h was left, & after the boatswayne had seeue it he said he 
would have it, but he never did as Edw. Parker reported, by 
his faire tongue prevayled w^h them to take it. Goodm" 
Walker testified that he went into the cellar w*h the boat- 
swayne to shew him the meate, & did shew himselfe willing in 
his hearing to have it. 

Mary Pery testified that they were told that if they liked it 
not they should leave it, & that she had had some of the 
shoulder & it was very good meate. 

Edw. Parker fell vnder that speech of his wherin he had 
said Mr. Malbon by his faire tongue had prevayled with them 
to take the beefe, & for his defaming of him, & by his false 
reports seekeing to take away his good name, as the breach of 
the 5t*> and ninth commandem*", submitted himselfe to the 
court. The centence of the court was that he should pay five 
pownds as a fine to Mr. Malbon for his defameing of him, & 


be imprisoned the courts pleasure. Mr. Malbon informed the 
court, vppon Edw. Parkers petition to the court for release 
from imprisonm* and further acknowlcdgm^ of his evill w'h 
more answerable affection, that he would not inrich hn»selfe 
in this way, but remitted freely the fine, & the court freely 
released him from his imprisonment, vpon hopes of this being 
a warning to him how he transgresse in the lik kind, for if he 
did, it would not passe so easylje. 

Phillip Galpin and Elizabeth Smith,* standing guilty of for- 
nication and defyling themselues, w^h was the breach of the 
7**> commandement, both fully acknowledged it & their sinne 
in it, & expressed their sorrow for it. The centence of the 
court was, that both of them should be publiquely whipped, 
Phillip at present, & Elizabeth being now w4i child, the exe- 
cution of the centence was respited vntill she was deliuered. 
[168] II Samuell Swayne complayned of Mr. Mullyner for 
neglecting of traynings, watchings & bringing of his armes 
when it was his tume one the Lords days. 

Mr. Mullyner acknowledged he had neglected it & pleaded 
he had not done it in Newhaven nor in the Bay, but for what 
has bin done by him he submitts to the court & promiseth 
amendcment. Samuell Swayne desired the jugment of the 
court for the time that is past, & that he be ordred for the 
time to come. Tlie court agreed that he doe the scr\4ce for 
the time to come, & for what is past the court will further 
consid*" of it. Samuell Swayne desired to know whether all 
from 16 to 60 should trayne, if they had bme magistrats 
elswhere. The Courts answer was that it was meete to be 
respited vntill the next Gennerall Court for the jurisdiction, 
provided they be all furnished with armes. 
Ric^ Pery, Plant. 
Luce Brewster def. 

[Tho remainder of this page and also pages 159 and 160 are blank.] 

♦ In the margin, " Phillip Galpine and his wife." 

260 mnr Hiymr ooi/nrr bsoobds. [IBM 

[161] At a Coubt of Magibxratb held fob Nhwhaubi 

Jurisdiction June 4^>> 1646. 

Wheras Thomas Fugill vpon complaynts from the gen" 
Court at Newhaven, was two monthes since summoned to this 
Court of Magisthtts to answere severallmiscariadges A oflfenaes 
chardged onn him, but then through indisposition of boddy, 
(as was proffessed,) he could neither appeare nor give an an- 
swere as the case required, and since, the said Tho"^ Fngill 
bath bin selling off part of his goods & hath expressed some 
purpose of a voiadge or remove; vpon a motion made this 
day by Mr. Wackman, the court sent Mr. Francis Newman 
and Mr. Oibbard to the said Tho^^ Fugill requiring him, either 
by himselfe or by his deputy, to make his defence, A had this 
retume from him, that being still payned in his head, he ooold 
neither appeare personally, nor was he prepiEtred to answere by 
any other, if the court would proceede he should submitt, but 
wished them to looke to their evidence; w^^h answer was 
thought overbold A vnco°>ly for a man vnder such apparent 
guilt. It is therfore ordered, and by this Court hee is re- 
quired, that he neither proceede further in sale of his goods 
or estate, nor remove from the plantation, till (as before) he 
either answere the court of magistrals, or Newhaven court, 
w^h such magistrals as Ihey shall call in to asist them, for his 
severall miscarriadges, if hee doe otherwise, the court shall 
take it as a contempt and proceede accordinglie. 

At a Court held at Newhauen Tins 7*^ July, 1646. 

James Steward for a defective worme & scourer was fined 
6", he haveing deluded the oflScers w'h another mans armes 
when his owne were defective. 

Mathew Row for haveing a foule gumie was fyned 1». Mr. 
Peirce wanting a rest fined 1«. 

Roger Knap for wanting bullets, scourer, bell & rest, fined 5". 

Edw. Parker defective gun & touchole fined 1". Robert 
Preston defective guiie & wanteing a scourer fined 2". 


Jno Benham for a-foule locke fined 1». Edw. Chipfeild 
haveing a foule lock, wanting a pownd of bulletts, haveing 
often vsed meanes to have bin better provided was fined 1". 

Jn^ Kimber wanting bullets fined 1". W™ Pert haveing a 
foule gune & wanteing a new touch-hole was fyned 1«. 

Ric^ Newman, Fran : Browne, Robert Vsher, W™ Bassett & 
Tho™ Beech for their defects in their guns, fyned 1« a pcice. " 

Geo. Banks fined 1« for want of a belt. 

Sam. Wilson defective cock of his peece, & his bandeliei^ 
wanteing covers was fined 5». 

Benjamin Wilmott defective sockett & bullets, fined 1". 

Jam. Heywood wanting match, fined I*. Mihill Palmer 
wanting worme & scourer, fined 1". 

John Morse beinge bidd to walke the rownds on a Lords 
day, came into the meeting howse & stayed there, so that the 
service was neglected, fined 10». 

James Steward was complayned of for severall disorderly 
expressions and contempt of the magistracye in this place. 

James Steward haveing bin prest by Mr. Malbon for to help 
mend some of the towne highwayes, vpon the intreaty of Mr. 
Newman & Mr. Crayne, hee at first grumbled at it, at length 
said he would chuse his time if he went, however vnwilling he 
was to goe, although others had expressed themselues willing 
as much strejtncd as himselfe, but being told that if he went 
liot it would bee accomted a contempt, then he said he had noe 
tooles. Mr. Tuttle tendred the lending of him tooles, pro- 
vided he would make them good, his answere, as Mr. Tuttle 
testified, was that he would not come into their claues or 

James Stewards answere was that he bcring charged by Mr. 
Malbon to attend the service, he wondred whj himselfe more 
then other freemen should bee pressed, but howsoever, he 
sought for Luk Atkinson to have gon in his roome, but he 
would not mak good tooles, but he intended seing he , could 
not get Luk, to have gon, but it rayned. 

John Coop bemg w^h Mr. Tuttle one morning at the gate, 
James Steward came along w'h his cattle, & said what must I 
help you work ? then Jn^ Coop said, you must help the towne. 

262 -wot m^yftax coxjonr ttaodUDb. ^tfl6 

James answered he was Ttisetled A wanted tooies, Mr. Tattle 
ofired h>» tooles, but if he brak them he should mak fhem 
good, he said noe he would not nor come in their pawes or 
olawes, wherevpon Mr. Tuttie told him he must make good 
the tooles. Jn^ Coop added, wh>^ it left rayning oih's came, 
as Jn9 Eimber & others, but not himeself, & next day would 
not, could not, if had not 6" p day, A he told Roger Knap he 
was a foole to goe so easylie. 

£162] II The centence of the court was, that for his contempt 
of the sunreyo's, magistrate & magistracy, he should pay Atd 
pownd as a fine, & be imprisoned the courts pleasure. 

Edw. Parker & his wife p'sented their desires to the court 
to invest Jn^ Potters two sons in the right of their &ther8 land 
& howse, & declared themselues willing to bestow a hqjfer of 
a yeare old on Hannah, & deliuer it presently for her vse, ft 
so to be improved as a stock for her, &o. sa V b, perticuler 
writting in the hand of the secrettarie, made & signed by both 
of them before the govemour, deputy govemour, A magistrate. 

Pawquash a Quillipiock Indian was first complayned of for 
leaveing open the Oystershelfeild gate, A damadge being done 
therby refussed to give any satisfaction. 

Secondly, he about 4 years since came into Mr. Craynes 
howse when they were blessing God in the name of Jesus 
Ohrist ; and that he then did blaspheamously say that Jesus 
Christ was mattamoy A naught, & his bones rotten, A spake of 
an Indian in Mantoises plantation assended into heaven, w<^h was 
witnessed by Mr. Crayne, Mrs. Crayne, Mrs. Ling, W" Holt, 
Goodie Camp. The centence of the court was the he should 
be searverly wliipt for thus scorning at o*" worshipping God A 
blaspheame the name of our Lord Jesus, A informed h« that 
if he should doe soe hereafter or now, it had bin against the 
light he now has, it would hazzard his life. And for the 
damadge by meanes of the gats being left open, he was to pay 
5« to Tho™ Knowels. 

Thomas Fugill appearing now before the court, was first 
desired to give answere to the court whj he had soe long held 
them vnder delaycs ; his answer was, that it was true he had 
bin sent for oft, but although it might be conceived he was able 


to come, yet his boddyly weaknesse was such & soe great that 
it hindred him, & that once he attempted to put forth nature 
to the vtmost & he had smarted for it. 

Secondly, he being sent for the last court of magistrats 
sitting, & he returned this answer by Mr. Fran : Newman & 
Mr. Gibbard, that if they pleased to pceede, he was not pre- 
pared but wisht them look to their evidence, w*'h was thought 
too bould an answer; he denyed it, wherevpon Mr. Fran: 
Newman & Mr. Gibbard informed the court it was truth, & 
that they were far from making the most of it, for they told 
not w^h what frame of sperit he expressed himselfe. 

Thirdly, that after an order left w'h you, made by the court 
of magistrates, wherin hee was ordred to sell nothing vntil he 
had attended the court, yet he had gon about to sell somthing 
since, w«h he acknowledged true, he had treated w^h old 
Gk)odman Wilmott about some swyne. 

Fourthly that this day he sends a noate to the court, & 
Cometh not himselfe nor sends a deputy. Thomas Fugill an- 
swered he was vnder two heavye sensurs. First, the losse of 
his place, 2<^iy, the centence of excomimjcation. And for the 
vnrighteousnesse he stands chardged w'h, in taking in & de- 
tayning of land vnder the West Rocke w^h was not his owne, 
but the townes, he said he did it not w^i any intent to deceive 
the towne, & that land was not judged worth more then 12<^ 
an acre. Secondly for the chardge of falsifyinge orders, he 
expected not to have bin questioned about it, therfore he is 
not provided for it. He being asked by Capt. Astwood, why 
he was not p'pared to give answer to the 2^ thing, he answer- 
ed he vnderstood not ; and added, he did not add those words 
in the great book chardged to be don by h«», since Mr. Cheev- 
ers read the order, however he fayled in putting in, w^hin the 
2 myles, & said he neu*^ said to any, it was a bowndlesse ord', 
because it is said, as much as he desires. 

The plantifs desired the court the overplus of land might 
returne to the towne, & his proportion kept w^hin the two 
rivers & w^hout the two myles. 

[163] The centence of the court was, ||that forliis vnwright- 
eousnesse in taking in & detayning of the townes land, and 

264 HBir Him cxilont wKxaam. [lOM 

fidmfyeing of orders, & his contempt of tiie conrt, Thomas 
Fagill should pay 20^ fine to the towne, and that the land be 
reduced to its dew bownds, according to the first grant, 
namely, betweene the two rivers and w^hout the two myles. 

It was ordred vpon Edward Hitchcocks informing of fiie 
court that the time was out that he was to enjoy Goodman 
Budds meddow, Mr. Francis Newm"^ & John Cooper be vallued 
what the grasse is worth & that it be accounted for in rates. 

At a Goubt held att Nswhayen the 4^^ Aug. 1646. 

Henry Lindoll informed the court that Wn Ball had told 
that his peice was chardged, A he blowing through it, 
went & knoct it, & out came 4 bulletts, but he fownd noe 
powder. Jerymy & Thomas Osborne affirmed that there was 
noe powder scene to come out of the peice. Bichard Fydo 
informed the court that W"* Ball told him laughingly, that 
he knew there was noe powder in his gune. 

For w^h guilfull carriadge of his & vntruth vnto the m' of 
the watch, W<» Ball was fined 40" & to pay the chardges of 
them that have attended vpon the court. 

Wlicreas Benja : Hill, form«^ly warned to the court & appear- 
ing not, was entred a contempt, the m*'shall not being cleare 
he gave him meete warning, the contempt was taken of, & he 
fined for his defective scourer 6^. 

Ric^ Perys action w^h Goodm° Bishopp was refferred vntil 
next court. 

Joseph Brewster absent on a trayning day, was fyned 5", & 
for want of a worme & scourer 12<i. 

Jn® Thomas, gun being defective, was fined 1». 

W™ Blayden complayncd of by the m'shall for nonepay- 
mcnt of his fines, it was ordred that he pay them by the next 
court, & if he did not a stresse should be made. 

Mr. Joshuah Atwatter desired the justice of the court about 
some naylcs that Tho"> Robinson had stole from the shipp, 
viz^ 16i»' i at 8^ F lb. Ordred by y« court that 11» more then 


the nayles bee stopt in the treasurers hands vntil hee shew 
cause to the contrary. 

The m'^shall informed the court that he had sent vnto Geo. 
Ward for his fyne & his answere was, that for the present he 
knew not or could not tell what answere to send. It was 
ordred he should be warned to attend the next court. 

At a Gen^i Court held at Newhaven this 16^^ Aug. 1646. 

Brother Bcnham & bro. Glover had liberty to dept the 
The former order about swine was confirmed. 
A protest from the Dutch Governour* was read in court, <fe 

* " The protest came in Lattyn, the contents in English are as followeth, 
Wee Willyam Kieft, Gen'all Director, & the Senate of New Netherlands for the 
high & mighty Lords the States of the United Belgicke Provinces for his excellency 
the Prince of Orange & for the most noble Lords the Administrafs of the West India 
Company, To thee, Theophilos Eaton, Gou^or of the place by us called the Red 
Hills in New Netherland, (but by the English called New Haven,) we give notice, 
That some yeares past, yours, without any occasion given by us, & without any 
necessity imposed upon them, but w^^ an unsatiable desire of possessing that w^h is 
ours, against our ptestacons, against the lawc of nations, & against the antient league 
betwixt the kings ma«if of Great Brittaine & our Superion', have indirectly entred the 
lymits of New Netherland, usurped diur» places in them & have beene very injurious 
unto us, neither have they given satisfaction though oft required. And because you 
& yours have of late determined to fasten your foote necre Mauritius Ryver in this 
Province, & there not oncly to disturbe our trade of noe man hitherto questioned, & 
to drawe it to y^selves but utterly to destroy it, we are compelled againe to ptcst & 
by these p^sents we doe ptcst against y" as aginst breakers of the peace & disturbers of 
the publique quyet, that if y" doe not restore the places y" have usurped & repaire 
the losse we have suffered, we shall by such mcanes as God affoards, manfully recour 
them, ney ther doe we thinck this crosseth the publique peace, but shall cast the cause 
of the ensuing evill upon you. Given in Amsterdam Fort Aug. 3. 1646, new stile. 

" The answer was returned in Lattin to the sayd ptest, the contents as followeth. 
To the Bight Wor'> W™ Kiefl, Gouiior of the Dutch in New Netherland, 
S'. By some of yr« I have lately receaved a ptest under y hand dated August the 
3'i 1646, wherein y" ptend we have indirectly entred the lymitts of New Netherland, 
usurped diu^s places in them, & have offered you many inuries; thus in gen'all & in 
reference to some yeares past, more particularly to the disturbance, nay to the utter 
destruction of y' trade, we have lately set foote neere Mauritius Ryu' in that Province. 
We doe truly pfesse we know noe such Ryu*", neither can we conceave what Ryur 
y„ intend by that name, unlesse it be that w^'h the English have long & still doe call 
Hudsons Ryu'. Nor have we at any time formdy or lately entred upon any place to 
w«h y" had or have any knowen tytle, nor in any other respect beene inurious to y». 
It is trao we have lately upon Faugaset Riur, w«h faUs into the sea in the midst o^ 


266 mnr nAra wumr uKxxBDfi. [MM 

an answers to the same smt^ and directions giTen to fliem 
that keep the trading howse. And it was foUy A satisfye- 
ingly voted, that flie court would mak good flieir titles here, 
A at the trading howse, & leave flie issue of things to Gods 
whateuer they may bee. 
Nehemiah Smith's request was read, viz^. 

These are the propositions I thought meete in wrighting to 
propownd to yo' worP«, vpon w«h I desire land, 

Inrst, that I might have for myne owne propryety 20 acr. 
of vpland & 10 acr. of meddow. 

2^hf that I might have it vpon that hill where I have made 
a sheeps penne, of the south side of the hill of Mr. Malbons 
cove, because the sheepe may have the ayre of the sea in the 
summer time, lyeing 4 square by reason lesse chard^ will 
fence it. 

S^^jy also I desire when the sheepe doe retume, I may have 
20 acr. more of vpland, & 10 acr. of meddow, for w^hout 20 
acr. of meddow I can doe noe good w% keepeing the sheepe. 

these English plantaooDfl, built a small house within o^ owne Ijmitts, many mDee, nay 
leagnes from the Monhattoes, from yo^ trading house & from any part of Hudsons 
9301% at which we expect littte trade, but can compeU none. The Indians being free 
to trade w4i y, us, Conecticaut, liassachnsets or w^h any other, nor did we build 
there till we had firet purchased a due tytle from the true proprietors. What inuries & 
outrages in our psoas & estates, at the Manhattoes, in Dele ware Ryu% &c. we have 
receaved from y", o' form' letteri & protest doe both dechure & pve, to all wh y" 
have hitherto given very unsatisfying answers, but whateu' o' losses & sufferings 
have bccnc, we conccave we have neither done or returned any thing, even to this 
very day, but what doth agree w'h the lawe of God, the lawe of nations, & w^h that 
antlent confcderacon & amity betwixt o' superiors at home. Soe that we shall read- 
ily refer all questions & differences betwixt y° & us, even from first to last, to any due 
hearing, examination & iudgemt, either heere or in England, & by these psents wo 
doe refer them, being well assured that his Ma^^^, c Sou^aigne Lord Charles, King of 
Great Brittayne & the Parlyament of England now assembled will mayntalne their 
owne right & our iust lyberties against any whoe by imiust incrochemt shall ^Tong 
them or theirs, and that yo^ owne principles, upon a due and mature consideracon, 
will alsoo see & approve of the righteousnes of o' pceediugs. 
New Haven in Newe England T. EATON. 

Aug. 12"^ 1646. ould stile.'* 

Becords of the United Colonies, Sept. 1646. 

Van der Donck, as cited by O'Callaghan, Hist. N. Nethorland, i. 876, says in allu- 
sion to this poet, ** The English of New Havou have a trading post on the east or 
southeast side of Magdalen Island, not more than six (Dutch) miles from the North 
River; for this island lies towards the upper part of the North River, twenty-three 
(Dutch) miles and a half higher up than Fort Amsterdam, on the east bank." Mag^ 
dalen Island is on the e:*st side of Hudsons River a little below Redhook, upper land- 
ing, Dutchess county, N. Y. 


Also that it may be the hithermost of the Oyster River, & p 
I may cutt timber for fenceinge vpon the common, by reasou 
there is litle timber besides walnut vpon that land. 
[164] IIThis being granted, I shall doe what I am able for 
the keepeing the townes sheepe & the good of them. This 
I desire may be granted as speedyly as may bee, that I may 
provide for them against they come. 

Nehemiah Smith. 

The abovesaid request of Nehemiah Smith was granted to 
him according to his propositions in the close of his wrighteing 
if it be accepted. 

It was ordred that the surveyour should runne the lyne on 
this side Mr. Davenports farme, from the stone, east & by south 
120 gr. parrallell to the other. 

Mr. Davenport propownded that men would sow one & the 
same grayne in their quarters, w^h was respited. 

Mr. Gibbard & Mr. Francis Newman informed the court, 
that for Mr. Gregson's & Mr. Wackmans quarters highway to 
their meddowe, w^h is in that place called Mr. Malbons med- 
dow, the way vnder the rocke they apprehend is best & meet- 
est, although not without inconveyniency to the subburbs 
quarter, & deviding their lands, w^h was respited to further 

At a Court held at Newhaven the 1 Sept. 1646. 

Bro : Edw : Wigglesworth hath sould his howse & home 
lott vnto Samuell Wilson. 

Mr. Francis Newman hath sold his howse & home lott, 18 
acr. vpland w^hin two myle, & 4 acr. meddow vnto John 

Bro: W'»' Fowler informed the court that his bro. John 
Caffinch had taken vpp a horse of his & did denny to deliucr 
him vnto him, but said it was his. W"> Fowler brought Mr. 
Pell, bro. Myles, Rich** Marden & Mr. Gilbert, who informed 
the court they tooke that horse to bee W*" Fowlers, vppon sev- 
erall grownds. 

Mr. Caffinch affirmed the horse was his, and brought Mr. 
Newman, Ric^ Smolt, John Guernsie and Jn^ Downe to 


iaforme the court that the horse was Mr. Gaffinches ypponseT- 
erall grownds, w^h much confidence ; at length it was respited 
vntill further light, none of either syde being cleare enough 
to make oath. 

Richard Harden being fownd asleepe at the watch-howse 
dore fyned 5». 

Hen. Bishop haveing in court chardged Ric<* Pery with 
takeing a false wrighteing from Goody Ball & presented it in 
court, w<=h Ric*^ Pery apprehended a slander. 

Richard Pery said that at his first goeing, he writt the 
wrighteing mixed w^h some characters, & writt it as his owne 
words, but his father* desiring him to wright it out playne 
& considering that she related the story as Susans, he then 
write it as Susans, & then he went againe & desired 
Gk)ody Ball to set her hand to it ; he pulled out the wrighte- 
ing & began to read, & desired her to deale truly, for som- 
thinge shee told him concerning her bro. Russell, he fownd 
was not soe. Goody Ball propownded a question, is such a 
thing in ; what it was he had forgott, but he told her it was 
nott. Saith Henry Bishop, is it not ? then I will say the 
wrighteing is not true. 

Goody ]]all saith that that w^h was left out of the wrighte- 
ing was, that Mrs. Eaton denyed, & he writ she had not done 

Further Ric^ Pery said he did not present the wrighteing 
to the court, but left it at ho'", as he told his wife he would, 
& that because he would not lay himselfe vnder a temptacon, 
& lie said, indeed last court he had it in his pockctt, but it 
was his crro"" & mistake. 

The Go'' said, Hen : Bishopp, the theing is whether you made 
a right chardge in saying he presented a false wrighteing to 
the court. 

Hen. Bishop said he should prove that he said he had a pap 
in his hand & said, here is her testimony. Goody Ball testi- 
fied that when she was spcakeing Mr. Pery had a pap in his 
hand & said here is her testimony, I took from her mouth. 

* i. e. Mr. Malbon. 


Mrs. Brewster said when Goody Ball was about to speak, 
Mr. Pery said, (haveing a pap in his hand,) here is her testi- 
mony. Mrs. Russell saith to the best of her remembrance, 
when her sister was speaking, Mr. Pery said, here is her testi- 
mony, holding vp a pap in his hand. Mr. Cheevers said there 
were such passadges of Mr. Pery in court. John Nash said he 
was in the court & neare Mr. Pery, & I saw not nor heard 
such words of Mr. Pery. But the Go' said thus to Goodm» 
Bishop vpon his speech, why doe you say soe, seing there is 
noe pap p'scnted presented to the court. And there was noe 
reply made. 

[165] II The second part of the chardge was. Goody Ball 
saith that Mr. Pery writ that Mrs. Eaton had not lyen w^h 
the Governour, when he should have writ that she denyed as 
she said. Allen Ball saith that at Mr. Pery's second coming 
he said that he had said it to severall that Mrs. Eaton denyed 
to lye w^h the Gov^n*", but that would nothing advantadg 
Mrs. Brewster. Dorithy Ball saith that Mr. Pery said, he 
would not denny that he said she denyed to lye, but if any 
said that he said she denyed conjugall fellow? , he must have 
put y°> to prove it. 

A wrighteuig taken by Mr. Malbon from Allen Ball was 
read in court. 

Before they took oath the Governour told them the waight 
of an oath <fe wished them to be wary in it. Vpon some 
speech of Mr. Pery's, the elder & Mr. Cheevers were sent to 
Mrs. Malbon* & Mrs. Malbon, to know if they had anything to 
except against the witnesses. They returned this answere. 
Mrs. Pery gives two reasons why her oath may [not be tak", 
first because she did not deliuer it so in court, 2*^^y because 
she hath heard she will affirme a thing & deny it againe pres- 

The court declared that they saw not that in what had binne 

said w^h should hinder their testimonys, although Mrs. MaL 
bon hath jealouzycs that she will speak vn truth, yet can prove 
nothing to disable her testimony. 

* A slip of the recorder's pen for " Mrs. Pery,*' as the context shews. 

S70 mm amoi oouoirr uoobb. [11846 

AJOien Ball teatified vppon <Mtih, iiliat hoB wife A Suaui A 
Mr. Pery, being in the pjmace, they were gpeak eing they m'^velr 
led such reports were in the Bay about Mis. Eaton, his wife 
answered she thought they were false; saifli Susan, Mrs. 
Eaton would not lye w^h her husband sinoe she was admon- 
ished, but caused her bedd to be remoYod to another zoome. 
but Mr. Pery writ, they lay apt, A left out, she refused, as his 
wife had said. And this he acknowledged afterward. 

Dorithy Ball testified vpon oath, that Susan said that Mrs. 
Eatcm would not lye with the govemour since she was admon- 
ished, but caused her bedd to be remoyed into anoliier roome ; 
80 she told Mr. Pery, A he write they lay apart A left out she 
denyed, A acknowledged when she came afterward that he 
had left out refuse, A writ lay ^>art 

The centence of the court was that the cause must goe 
against Mr. Pery, A he must pay the chardge of the court A 
the damadge of Hen : Bishop's attendance A his witnesses, 
w^h the court conceives from Henry Bishc^ps owne words to 
be 10*. Allen Ball saith that the first time Mr. Pery was not 
chardged w^h the thing in refference to Susan, but to him- 
selfe, but the second time hee writt it in refierence to himselfe. 

At a Court held at Newhaven the 6^^ op Octobeb, 1646. 

Mr. W"» Tutle & Jeremy Watts complayned off for sleeping 
at the watch-howse. Mr. Tuttle said he was overcome, A 
Jeremy being centiuell, sat downe onu the threshold A slept, 
but confesseth liis fault & hopes it shalbe the last. Mr. Tutle 
was fined 2" 6*^ A Jeremy Watts was fined 5", y* court desir- 
ing it may be a warning to them both. 

Richard Marden wanting all armes save a sword, was fined 
5», he neglecting to vse due care to bee provided. 

Samuell Marsh was complayned of for absence two trayning 
dayes, but he being seeking cowes, it being in the spring, y** 
catle being lyable to be swampt, it was satisfyeingly passed by. 

Allen Ball complayned of for a defective tricker, but it 
haveing passed so for three years together, A he promjseing 
to mend it, was passed by. Also he was late on trayning day 


in the aftemoone, he bemg w% his sister Pugill v^on her 
depture it was passed by. 

Hen. Gibbons, late in the aftemoone one trayning day, his 
answere was his head aked, & he went into the meetii^ howse, 
but suddenly came & treyned that aftemoone. It was passed 
by, first because he was not well, 2 because Goodm" Banister 
& Corpi^ Leavermore were intreated by him to wak h«". 

"Corp^i Leavermore being late one trayning day in the after- 
noone was fyned 1«. Also totaly absent on a squadron day, 
w«h was respited. 
[166] II Caleb Seaman wanteing armes was fined 10". 

John Sackett & Henry Morrell for wanting rests were fined 
6^ apeice. 

John Speede wanteing worm & scourer, fined 1«. 

Henry Gibbons two squadron trayning dayes absent, once 
fier in the lotts hindred him, for the fier had caught hold onn 
the fence ; the last day he was at Mr. Goodyears farme, for 
wch he was fined S". 

Samuell Marsh absent one squadron trayning day, fined 
2- 6d. 

Ralph Loynes came late to trayning in Aprill, was fined 1» ; 
for the want of a rest he was fined 6<^. 

Samuell Cabell, Adam Nichols, being warned to the court 
& not coming themselus nor gave notice of their submission, 
ordred to be warned against the next court, & then to answere 
for their contempts. 

Edmund Tooly was absent 3 trayning dayes, of w^h 2 of y™ 
he was not well & fined 5^ for not comming the third. 

Vincent Meggs, absent the 14^ *» of June, was fined 2» 6«^, 
but if he bring proofe that he trayned twice in one fortnight, 
tlie fine is to be remitted. 

W™ Blayden complayned of for nonpaym* of his fines, he 
intreating forbearance one month longer, it was given him. 

Thomas Blatchley haveing formerly given the court some 
ofience, & neglecting the imadge of God in magistrats, & goe- 
ing away soe irreverently and sayeing he would have justice 
in another place if he had it not here, w^h now lyeing on his 

272 NEW wlyiss colony becxirdb. (1646 

conscience, desirs to cleare himselfe, wherew^h the conrt was 

Hamuell Marsh was warned by Mr. Crayne, who had an 
estat in Jiis hand, ic finding him defectiTe in ordring it for 
cither of their comforts desired a hearing of the court ; at 
length when much debate had bin, both did agree to put it 
vnto arbitration. Samuell Marsh declaring himselfe willing 
to leave the farme, Mr. Crayne accepted it, & Mr. Craylie 
chose Anthony Tliompson, & Samuell Marsh chose Groodman 
Myles, w^i liberty that if they did not agree, they should 
chuse an vmpire. 

Samuell Daighton, absent one squadron day & one Lords 
day, fined 3" 6<*, if he cannot give satisfyeing answere. 

Samuell Cabells lock of his peice being defective, was 
fined 1». 

Georg Banks, for wanteing a worme & scourer, 1», absent 3 
squadron traynings fined 7" 6*^ & absent one Lords day fyned 
2% 10» C)d in all. 

Goodm" Johnson havcing a lott that was his brothers 
desired to cleare to the court his proofe for what he possesseth. 

John Punderson said he liad almost forgott, but Samuell 

Wliitliead <fc lie heard Thomas Fugill expresse as ^ the noate 

vndcr his hand appcareth, viz^. 

When Jn" Johnson was p^paring to goo to the Bay, he told 
mee lie had sould his howse & accomodations belongmg to 
it, vnto his brother (\nz^) Robert Johnson for the 40^ he said 
I knew he received in Old England, vpon condicon, that if he 
should sec it his way to come back & live here, then he might 
have it, paying to his brother the said 40^ & what chardges he 
should lay out about it, or if lis brother should sell it to come 
<fe live in tha Iky, 40^ of the price he should keepe to himselfe 
& pay the overplus to him, only deducting his chardges. But 
if the said John should not returnc, & the said Robert his 
brother should resolve to sctlc here, then the said Robert 
Johnson should have it forever, for the said 40^ ; this is the 
substance of the agreement as the said John related it to mee, 
witnesse my hand. 

Tho: Fugill. 

Bro. Tharpc said his m^ said to h™ his bro: was to have his 
howso & lott, but if lie returned he was to have it againe, re- 


turning to his bro. what he had of hi™. By all w<^h, finding 
as yet the proofe defective, the court determine nothing in the 
case, wanting further light. 

Tho™ Pugill hath sold 6 acr^ of land in the Necke vnto Rob- 
ert Johnson, he paying 30» to Geo : Downing & the rest in 
cartadge, as Allen Ball witnessed and a noat vnder Tho°> 
Fugils hand p'sented in court by Robert Johnson appeared. 

[167] At a GenI Court held the 7*^ op October, 1646. 

The Governo' acquaynted the court that sundry miscar- 
iadges by drinke hath bin of late, by whom he cannot come 
to the true knowledge off & where it hath bin hadd. 

Bro. Andrewes propownded that he might lay downe the 

It was ordred to prevent that excesse of drinkeing, that God 
may not ^^ dishonered nor religion reproached, that wine & 
strong watters, that wyne 4* strong waters bee drawne only at 
the ordynary. 

The neglect of finishing the pewes was remembred, & them 
that should doe them & the chest for the pyks were desired 
forthwith to dispatcli them, that the seating of people may goe 

It was propownded that helpe might be afibarded to laimch 
the shipp, for Goodman Paule informed the Governo*" that the 
keele would rott if it were not launched before winter. Bro. 
Leeke had liberty to draw wine for them that work at the 

It was propownded that the marke of swine be brought into 
the powuder. 

It was propownded that W»" Meaker might be loader to mill, 
& it was ordred that for a 12 month he bind himselfe to goe 
in all seasons except vnseasonable weather, & further it was 
ordred that if any cary their owne corne, yet that they carry 
not for others. 

And that before any give over that are chosen to any service 
of the towne, as to view measures &, weights, and sealing 


274 warn HAinai cxxxnnr boohm. pflit 

ksfber, ctben are to be choeen, but Tntil Ifaen Hbef fliaft are 
in tlioee imjdoymeDta are to oontinew. 

Bro. Richard Mansfeild had libertje to depi the eourt. 

Ooodman Bassett, Heniy A JoKfii Peek denied to eatt 
woods on the common, wch was granted, provided it be aeerad- 
ing to the approbation of the Tiewers. 

Those that desire land to be hiyd out to them amcmgirt the 
small lotts were desired to bring in their names to the secre- 

Edw. Hitchcocke propownded to the court fixr a dispensi^ 
ti<m of bringing his armes on the Lords dajes, bee he brinpng 
his children was therby disabled of oonmiing so soone as he 
ought if at all with them. But it was respited. 

It was propownded to the court whether it were their mynds 
that men should come to trajnings or watchings without 
powder and shott. It was therevpon ordred that eyery time 
men come to either, they bring 4 chardges at least of powd' A 

Bro. Whitnell A bro. Russell promised to help about the 
seats in Tbo" Morris h* roome. 

At a Gen* Court held at Newhaven the 26^** Ocro. 1646. 

Tlio"» Wheeler had leave to dept the court because of some 
ingadgem^" against y« 4^^ day next. 

Mr. Francis Newman, Mr. Gibbard, Mr. Crayne & Qoodm» 
Qibbs were chosen deputjes for Newhaven monthly courts this 
yeare ensewinge. 

Mr. Jn® Wackman, Mr. Ezekiell Cheev's wer chos'^ deputyes 
for the jurisdicon general! court. 

Mr. Joshua Atwater was chosen treasurer for Newhaven the 
yeare enseweing. 

Richard Pery was chosen secretary for Newhaven the yeare 

Tho"» Kimberly was chosen m'shall for the yeare enseweing. 

The pticuler court of Newhaven, w*h Mr. Evance & Mr. 
Wackman were chosen auditours for the treasurers accompts. 


Bro. Davis & bro. Fowler were chosen surveyors of the 
high-wayes on that side the towne. 

Bro. Cooper & bro. Mansfeild chosen survey's for the other 
side of the towne. 

Bro. Andrewes & bro. Abrah™ Bell were chosen viewers, 
that noe spoyle of wood bee made in the commons, also that 
they look to the tann", that wast be not made of timber by 
barkeing it which may prejudice the towne. 

Bro. Davis & bro Phillip Leek chosen view" of measurs, 
as bushels, &c. 

Bro. Francis Newman & Mr. Gibbard chose to look to the 
waights & licquid measures and yards and ells. 

Leiut Robert Seely had liberty of the court to goe for Eng- 
land although a publick officer. 

[168] At a Court op Flexion held at Newhaven for the 
Jurisdiction the 27*^ op October, 1646. 

The worp* Theophilus Eaton Esqr. chosen Governo' ifor the 
yeare ensewinge. 

Mr. Stephen Goodyeare chosen Deputy Gt)verno'' for the 
yeare enseweinge. 

Mr. Gregson & Mr. Malbon chosen magistrats for Newhaven 
ye yeare enseweinge. 

Mr. Fowler & Capt. Astwood chosen magistrats for Milford 
the yeare enseweinge. 

Mr. Samuell Desbrow chosen magistrat for Guilford for the 
yeare enseweinge. 

Mr. Andrew Warde chosen magistrate for Stamford for the 
yeare enseweinge. 

The worpJ Theophilus Eaton Esq. & Mr. Stephen Goodyeare 
chosen commissioners for this yeare enseweinge. 

Mr. Atwater chosen treasurer for this yeare enseweinge. 

Mr. Leete of Guilford chosen secretary for the jurisdicon 
fory« yeare enseweinge.* 

* Whether Fugill was deposed from his office of Secretary of the Jurisdiction, as 
well as from that of the Plantation of New Haven, we are not informed. It may be 

276 mvr hateh ooumr iboobdb. [1646 

Tho» Kimbeiiy chosen mrshall for the jorisdietion fiir the 
yeare enseweinge. 

At a PEBncuLEB Court held the 8^ of Noyem: 1646. 

Leiat. Robert Seely hath sold his howse A howse lott in 
towne vnto Jn9 Basset w^h 2 acres of vpland out of his first 
devizion ; w^^h 2 acr. is 8 rodd in breadth A in length runneth 
crosse from the high-way betweene the suburbs quarter A Mr. 
LambertoDs quarter, to Mr. Mansfeilds lott that was, A be- 
tweene W™ lues and ^ 

Caleb Seaman desired his fine might be remitted for defect 
of armesy he going shortly for England, A vpon his request it 
was remitted, pvided he goe for England. 

Edw : Chipfeild promised to pay 8^ or 4^ the next week in pt 
of about 5* he was ordred to pay to the towne for W™ Hardy, 
A promised paym^ for the rest in the spring, w^h the court ac- 
cepted. Also a fine for absence one trayninge he was excused 
firom payment of, he being a burning bricks, w^h if that time 
had not bin improved, it would have inforced him to haye 
attended it on the Saboth followeing. 

At a Court held at Newhaven the 1 Jan. 1646. 

J3ro. John Leavermore, brother Adam Nicholas, bro W°» 
Fowler and Mr. Tho°> Pell, being warned to the court & ap- 
pearing not themselues nor by deputys, were layd vnder con- 
tempt of the court. 

At a GenIi Court held the 4. Jan. 1646. 

The Governour pi-opownded that considring rates had bin 
made & levied on each plantation in this jurisdiction & sallerys 

presumed that at this time lie had left the town, from the excuse made by Allen Ball 
for late cominfi; on a training day, page 271. 

It is probable, howovor, that Richard Pory was appointed to succeed in that office 
also until the next Election Court, for his signature as * Secretarie* is affixed to the 
certificate of the choice of Conunissioners for the United Colonies at this time, the 
original of which is preserved among the arohives of Massachusetts. 


being yet vnpaid, besides severall debts, it was desired that 
April rates might be now forthwith paid, & it was ordred that 
they be forthwith paid into the treasurer. 

It was appoynted that bro. Anthony Thompson & bro. Cam- 
feild, & the 2 deacons doe speake with brother Lampson <& see 
what his estate is, & to consider what proportion he is able to 
beare of the charge of maynteyninge his wife. 

Bro : Robert Hill rec<* the chardge of a freeman. 

It was ordred that the perticuler court w'h the 2 deacons, 
takeing in the advice of the ruling elder, should place people 
in the seats in the meeting-howse, and it was alsoe ordred that 
the governo' be spared herein. 

It was now ordred that the former orders made for swyne 
& fences remayne of force, & that if swine be vnyoaked & 
vnrunge & goe into any feild, the fence lyeinge downe, that 
the damadge should be borne at halves, & that the fine of 6<* . 
a head be still payed to him that finds the swyne & brings them 
to the pownd. 

It was ordred that the viewers of tlie fences finding fences 
I defective & warninge those that owne them to mend them, if 
they doe it not & their names be not returned to the court, 
the viewers shall pay their fynes. 

It was ordred that bro Peirce, bro. Coop & Jarvis Boykin & 
Mr. Gaffinch shall look to the layeing out of the fence in their 
quarters to the absent lotts, according to their proportions. 

The contribution for the coUedgc was renewed & bro. John 
Nash & bro. Phillip Leek chosen coUectCs for the same. 

Bro. Andrewcs had for his incouradgement liberty granted 
him to put strangers horses in the Neck. 

It was ordred that they that already have or desire land 
among the small lotts bring in their names & quantitjes w^hin 
a month to y® secretary, or els they are to loose their lands. 

278 NEW HATEN OOLONT BB00BD8. [1646 

[169] At a Coubt held at Newhayen the 5^^ of Janu- 

ABY, 1646. 

Mr. Edward Tench his will* was presented to the court by 
Elder Newman & Mr. Gilbert, & it was ordered that the estate 
bee improved for the good of the child. 

Bro : John Leavermore confessed that he was warned to the 
court, 2 courts since, but some fence being downe he went to 
set it ypp & thought to have bin time enough, but comming 
about Mr. Grigsons howse he saw the court was broken ypp. 
Bro. Adam Nichols said he forgott it vntill it was too late. 
Both for their contempts were fyned 10* apeice. 

Bro. Adam Nichols was fined for want of worme & scourer 

Mr. Caffinch alleadged that he had bin brought into court 
about a horse formerly owned by his bro. W"™ Fowler, but now 
bro. Fowler hath fownd his owne & seeth he was mistaken, 
but as he suffred therby in the court, so now he sought right. 

Bro. W°> Fowler answered that he did not intend his bro. 

* Mr. Edward Tench's will, Planter in Quinjpiock and his dear wife Sarah Tench 
lying in the house with him dangerously sick and much wasted by a consmnption — 
confirms certain small legacies, part given by his wife and part added by himself and 
all contained in a schedule annexed — He gives to his wife one half of the remainder of 
his whole estate, whether here or in Old England, and the other half to his only sou 
Nathaniel Tench, now about five yean of age — If his wife dies before himself, his son 
to have his whole estate, and makes his said son Nathaniel executor — IS his wife should 
die before himself he entrusts his son both for his education and the ordering and im- 
proving his estate till he becomes 21 years of age, to the wisdom and care of the church 
of Christ gathered and settled at Quinnypiocke, whereunto Mr. Davenport is pastor, 
upon whose love and faithfulness in accepting and managing this his desire he quietly 
rests with assurance and satisfaction to his spirit. — If his wife die, and her sister come 
over into these parts and should desire to take his son back to Old Englcnd, his ex- 
press will is that his son return not, but continue with, and be brought up by the 
forenamed church of Christ— If his son die before ho is 21 years of age, he gives one 
half of his estate to the treasury of the forenamed church, and the other half to his 
brother Francis Tench and to his chUdren. Witnesses, Henry Brunwin, Willm. 
Jeanes, Tho. Fugill, 13th February, 1689.— Inventory taken by Thom. Gregson, Rob- 
ert Newman and Mathew Gilbert the 19th Feb. 1639, amount £409, 8, 6. 

Debts oweing to Mr. Tench when he dyed. The mayds tyme £6, 2, the mans time 
j£10. Mr. Alcok owed £b, Thom. Marshfeilds Count j£9. 

Debts owing by Mr. Tench when he dyed as followeth, To Goodie Pigg*s wages jC2i 
to the bricklayer £1, 4, 9, to Mr. Pell £0, 16, to Mr. Higginson £0, 19, 6, to Goodman 
Whitnell £0, 14, to Mr. Watters £1, 4, 6, to Mr. Grigson £3, 12, to a Conecticott man 
£4, 17, 6, to Mr. Langham of London £4, to John Brocket for mesuring land £0, 6, 0, 
to Mr. Delingham, London, £27. 


Caffinch any wronge, but he refuseing to end it privatly caused 
him to doe it, but now acknowledged he had done his bro. 
CafEnch wronge. The Governo*" demanded of Mr. Caffinch 
whether he looked for any more the reperation in his name, 
Mr. Caffinch said 10" damadge for witnesses, w<^h the court 
ordred bro. W™ Fowler to pay & his damadge 10« more, 20« 
in all. 

Mr. Pell was warned to answere Mr. Caffinch for defaming 
him in sayeing he had gott his brothers horse, & said he would 
lay 5" of it. Roger Allen said he rememb^s Mr. Pell going by 
asked whether Mr. Caffinch was showeing his bro. Fowlers 
horse, but Mr. Caffinch not being able to prove his chardge 
because of want of proofe, hee was nonsuited. 

It was ordred, w*h the consent of Edward Parker & his 
wife, that Jn«> Potter should be put an apprentice for 8 years 
from the first of August past, vnto Roger Allen, for to leame 
him his trade & to give sutablo apparell & 5* at the end of 
his time. 

Luk Atkinson was chardged w^h defameing Mr. John Dav- 
enport, viz<*. 

First to Ric<* Osborne Luk Atkinson questioned whether 
this church is rightly constituted, and this ariseth from some 
pticulers falling out, not in respect of the members of it, for 
he judged them faithfuU, but somthing in respect of h«»selfe 
and others, as one thinge Mr. Davenport should speak & Mr. 
Davenport denyed it, although Luk Atkinson affirmed it & two 
more with him. 

2*^1 y to Richard Osborne he said that if things were carryed 
soe as he conceived them to bee, & as takeing vp things of 
others that he had spoken with, he conceives in all probabjlity 
this church cannot stand long without some breach. 

3<i'y, to John Speede lie said that Mr. Davenport had said 
that w^h afterward he denyed, w<^h two more with himselfe 
could witnesse. 

To Richard Osborne he said, Mr. Davenports name had bin 
very pretious, but now it was darkned. That when Mr. Dav- 
enport spoke of the high-preist, out of the 21**> Levit. on the 
Lords day, Mr. Davenport spake against himselfe. Richard 

280 mm hatw cjolomt bboocbdb. [IMS 

Osborne demanded wherein, Luke Atkinson answered that as 
he is a pastour of t^ of a church, he ou^t not to lay any 
▼nder ynjust scandle as Mr. Davenport had done him, layeing 
his name vnder blame T^jusUy. 

To Richard Osborne he further said, that Mr. Davenport 
said he had noe ptin the trade at Delaware A therevpon 
could make noe promise, & yet after, Mr. Davenport said that 
he had part in the trade. All these perticulers as concame 
Mr. Davenport, Luk Atkinson related vnto John Speede. 
Also all the above written Luck Atkinson acknowledged him- 
selfe to have spoken vnto Bichard Osborne and to John 
Speede, & now againe repeated them vnto Anthony Thomp- 
son, John Clark, Bichard Osborne A" John Speede. 

Before these psons spoke vnto Luke, they advized him to be 
very wary what he expressed, for he must look to be called to 
answere it. He answered hee expected it. In condussion in 
reading all the pticulers manny tymes over & wishing John 
Speede to take a copie of them, we asked him whether he 
owned all or would wave any, he owned them A thought he 
should answere them. 

Mihill Palmer saith Luke Atkinson chardged Mr. Daven- 
port w4i vntruth. 

[170] II Luke Atkinson acknowledged what he stood chardged 
with was true, he had sinned & had slandered Mr. Davenport. 
This being done against much light and often convinced of 
his folly & had made acknowledgments of it, for his slander- 
ing the church and Mr. Davenport, he was fyned 40^ vnto 
Mr. Davenport. 

Mrs. Turner & John Meggs haveing a difference betweene 
them, did in court agree to put it vnto arbitration, & Jn9 
Meggs chose Mr. Goodyeare, & Mrs. Turner Mr. Malbon. 
Mr, Pell pi. ) For 50^ he should pay Mr. Atwater ^ 
Mr. Caffinch def. \ order of his bro. Samuel Gaffinch, the 
wch bill was turned over vnto Mrs. Luce Brewster. Mr. Gaf- 
finch not tendring sutable pay, he was warned to court. But 
in fine, both were intreated by the court to put it vnto arbitra- 
tion, & Mr. Pell chose Anthony Thompson, & Mr. . Gaffinch 


chose Mr. Tutle, who wer added vnto Mr. Francis Newman 
& Mr. Crayne to issue it. 

The court see cause to judge the debt dew from Mr. Caf- 
finch, but leave the prise of corne unto the arbitrates, as 
also the prise of cattle, thinking it meet they be not vallued 
to the worth of them at present, but somwhat vnder. And 
Mr. Cafidnch is to present that wherby it may bee issued w*hin 
this weeke. 

Richard Marden requested the court to remit his fine, of 5", 
he haveing vsed his indeuo"" to gett armes, & haveing ill som- 
time since ho has bin free, halfe his fine was abated. 

It was ordred that if bro. Wigglesworth call for an execu- 
tion against Mr. Mullyner because he attends not the courts 

Goodman Walker released from a squadron fine, because 
his wife being ill & in very great payne, she was forced to 
send him seeke for Mr. Pell. 

John Evance informed the court that he had comitted the 
chardge of a shallopp, on a voiadge to Guilford & Seabrooke, 
& backe againe toNewhaven, to Jn<^ Charles as mJ of her, two 
others not fit for such a trust being vnder him in the vessell, 
& at his comand & appoyntm^ That through the grosse, if 
not wilfull, negligence & default of h"^ the said Jn^ Charles, 
the said vessell was cast away or broken, & a quantitje of 
pease belonging to h^^selfe, w^h certayne pipes of Madera 
wyne belonging to h'"sclfe & others were lost, all w^h, w4i the 
shallopp, a boate, &c. & other chardges occassioned therby, he 
vallued at 100^, & desired he might be repayred according to 
right and justice. He further acquaynted the court that at 
the first hearing of the said lossc, he app^hended it as an 
afflicting providence of God immediatlye sent for his exersise, 
but being since fully informed of the forementioned negli- 
gence, he questioned Jn^ Charls aboiit it, & by their mutuall 
consent y^ matter was rcfferrcd vnto 4 arbitrators indifferently 
chosen by y"* the said ptics, being men y' have long bred the 
sea & are well experienced in such cases. That they bownd 
themselves by assumpsit in 100* to stand to y^ award they 
should make in y© case, & if they agreed not, then to the 


282 www HAVBf €XMU)NT BKXmM. (IMS 

award of any other man whom y* said ariritrators dioald 
choose as ympire therin. 

The said arbitarators not agreemg, Robert Martin, manyner, 
was by their joynt consent chosen ympire, A vppon a foil 
hearing of the parties w^h their allegations A proofes, had in 
wrighting Tnder his hand, given h* judgment A award that 
the shallopp, boate A goods were lost by negligence A oa^t 
to be made good to the owners, but the s^ Jn** Chailes refosse- 
ing to stand to the award, he the said playntiffe was con- 
streyned to crave y^ help A justice of this court 

Herevpon a wrighteing made by the said 4 arbitrators, 

wherein they choose Robert Martin vmpier, & another writting 

made by y^ sd Robt. Martin, as his awarde A vmpieradge in 

the cause, were read in court, the contents being as followeth. 

These are to certifie those whom it may any wayes oonoeme, 
that we whose names are vnder written, being chosen arbitra- 
tors betweene Mr. Jn^' Evance on the one side A Ju9 Charles 
on the other, to end a difference betweene the foresaid parties, 
A not able to end the same by reason of some difference in 
our app'hensions, did thinke it meete to make chojse of Rob^ 
Martin to be vmpiere in the case, to end that w«h we for want 
of light could not agree to end, and what end the foresaid 
Robt. Martin shall make in the aforsaid case, wee assent 
therevnto, as vmpiere chosen by our mutuall consent, to w<^h 
agrcein' the afforcsaid Mr. Jn° Evance & Jn^ Charls did bind 
themsclues in an assumpsit of 100^ sterling to stand to the 
agrem* of the foresaid arbitrators or the afforesaid vmpiere 
chosen by vs. In witnesse whereof wee have li^vnto set our 
hands the 24^** of November 1646. 

DanicU Paulo Tobias Dimocke 

George Frost Daniel How. 

As concerning the looseing of their boate Jn^ Charles saith 
their boate roape was rotten, Ralph Loynes speaks to Jn® 
Charles to make fast another roape vpon the boate. It was 
not don, the boate was lost through neglect. As concerning 
their lyeing ashore w^hout an anchour lyeing off, to haule off 
by when they saw occassion, was a neglect. As concerning 
their lyeing ashore when they had all their goods aboard, 
havcing 3 tyds before the storme began to haule off, was a 
great neglect. As concerning the leaveing the boate when 
they had hawled off, was very unsafe, soe that I cannot vnder- 
stand nor see, but both boate & goods were lost through neg- 


lect of what might have bin done, & thej must stand to their 
courtoysie that oweth both boate and goods. 

Robert Martin. 

John Charls being demaunded whj he did not submitt (ac- 
cording to h^ ingadgem^) to the awarde & vmpieradge of tlie 
said Robert Martin, affirmed he had noe chardge of the said 
vessell, nor was any of the companny ; that he went voUuntar 
ryly in her to Guilford, haveing some occassions of his owne 
there ; that the shallop was lost for want of due provizions, 
haveing but one anchour and cable, & y® boate (by yc failing 
[171] of y« boate roape) was lost || before, so that in 
the storme they could not carry out their anchour so farr as 
was meete, & till the cable broake, the vessell roade safely. 
Being demanded whetlier he would yet stand to the arbitra- 
tion, or reflferre the whole cause to tlie heareing & judgement 
of the court, at length by mutuall consent the arbitration 
was waved, both parties submitted, & the playntifFe was re- 
quired to make proofe both that the said Jn^ Charles was m' 
&that the losse came through his neglect or default. But the 
governor & deputye governour, being both interressed in part 
of the wine lost, and leaveing their interresse to be pleaded by 
& issued wOi that of Mr. Evance, desired liberty to rise, that 
they might neither judge, speake, nor sit in court, while a 
cause wherein themselues were concerned was in hand, w<^h 
was granted. 

The plaintiffe affirmed that he at first intended & appoynted 
S''jt JeflFeries to goe ma"" of the sd vessell or shallopp for this 
voiadge to Guilford, Seabrook, & back to Newhaven, but Mr. 
Crayne, Mr. Wackman & Mr. Atwater, intrusted as feoffees 
for the building of a ship at Newhaven, desired y* Sijt Jefferies 
might be spared to goe to the Massachusetts about rigginge 
& other occassions concerninge the said shipp. The plaintiffe 
answered he could not spare him, unlesse som other man 
were pcured to goe ma^" in S'^jt Jeffrejs roome, & mentioned 
the defend' to them as fit for that service. Hervppo they the 
said foefees, spake to Jn® Charles about it, he tooke time to 
consider of it & at last yealded & went, though S»jt JeflB^eis 
(not sent to the Massachusetts,) was after free & willing to 


retome to his former chardge, A to goe ma' of the said ahal- 
lopp, & so told the said Jn^ Charles. Hereyppon Mr. JBsp 
Crayne & others were called to give in theur testimony, A rpon 
oath they severally declared as foUoweth, 

Jasper Crayne vpon oath testified that h>Bselfe & some other 
of the feoffes asked Mr. Evance whether he would let S'jt Jef- 
ferjs (who was ma' of the foresaid vessell,) goe a journey into 
the Mattachusetts Bay for them, Mr. Erance answered hee 
could not spare him vnlesse they could gett Jn^ Charles, here- 
vpon the said fcofees spake w^h Jn^* Charles to goe in Mr. 
Evance his boate, in S^jt Jefferies roome, because of some 
occassions they had to send »S<jt Jefferies to the Bay, who could 
not be spared vnlesse he (the said Jn? Charles) would goe in 
his roome, but at that time Jn^* Charles gave them noe direct 
answere, but said he would consider of it. 

John Wackman vpon oath testified that h^selfe & other of 
the feofees haveing had speech w^h S<jt Jefirejs about goeing 
to the Bay, they asked Mr. Evance whether he could spare h», 
Mr. Evance told them he could not carry on his designe w^h- 
out him, he knoweth not whether Mr. Evance named Jn<> 
Charles, but they meeting with Jn^ Charles, asked him 
whether he could goe the voiadge w^h S'^jt Jeffrejs was to goe 
& mentioned to h"» the takeing off of S^jt Jeflferies vpon 
another imploym^ .Tn^ Charles took time to consider of it ; 
after, they tlie feofees mecteiiige w4i Mr. Evance asked h™ if he 
would let S^jt Jeffres goe, he then said he would, for he had 
spoken w^i John Charles. 

Joslmah Atwater not remembreing he was w*h the other 
feofees at their first conference w*h Mr. Evance, vpon oath tes- 
tified, that after mecteing w^h Mr. Evance, they asked h"> 
whether he was willing to release ii^jt Jeffrejs, Mr. Evance 
then answered he was willing, for he had spok" w^h John 

Henry Brunwin vpon oath testified, that goeing along in 
comp* w^i Mr. Evance, they mett w^h Mr. Wackman & Mr. 
Crayne, who desired Mr. Evance to release S»jt Jefferies that 
he might goe to the Bay for them, Mr. Evance was not then 
willinge, but comming to Corporall Leeks h#wse, and finding 


Gtoodmi^ Gharls there, Mr. Evance made a motion to him, w^h 
to the best of the deponents remembrance was, to goe in the 
roome of S'^jt JeflFrejs to Guilford & to the Rivers mouth 
(called Seabrooke,) Goodm»* Charles told him the feofees had 
spoken w*h h™ about it, & hee would consider of it, where- 
vpon Mr. Evance after meeteing w^h the feofees, seemed will- 
ing to let Serjeant Jefferies goe. 

Phillipp Leeke vpon oath testified, that at his howse Mr. 
Evance spake to Goodm° Charles to goe in his vessell in the 
roome or stead of Searjeant JefFreis. Goodm° Charles ans- 
wered, the feofees had spoken to h™ about it, but what further 
answere Goodm»* Charles made he remembers not. 

Serjeant Thomas Jeffreis vpon oath testified, that the mom- 
inge the boat was to goe, he went vp to Mr. Evance his howse, 
& asked him whether the boate was ready to goe, he remem- 
bers not Mr. Evance his answere, but he the said Tho™ Jef- 
freis went downe to the watter-side, purposeing to go6 the 
voiadge, but finding Goodm»* Charles there, he asked him 
whether he went the voiadge in Mr. Evance his boate, Jn*' 
Charls told him he did goe, they had spoken to h™ to goe & 
he was to goe, & this deponant further testified, that he, 
before Jn^ Charls was spoken to, vnderstood h"»selfe to be 
ma"" of the said vessell, & that the chardge of the boate was to 
Ije on him, & the rest of the comp» to be at his comand, oth- 
erwajs he should not have gon in the boate. 

John Griffin, one of the seamen in the said boate, vpo oath 
testified, that h^selfe & Ralph Loynes the other seaman goeing 
to Mr. Evance his howse, asked h™ who should goe w*h them 
as m^ to take chardge of the said vessell, for they knew not 
the place & would not take chardge. Mr. Evance answered, 
take you noe care, Jn^ Charls or Serj* Jeffrejs shall goe along 
w'h you ; & this depon^ further testified that Jn® Charles did 
helpe to stow the salt ; that in the voiadge he accounted h™ as 
master ; & y^ h^^selfe & Ralph Loynes did what he the said 
Jn® Charles commanded them, & that Mr. Evance, being at 
the boate-side when the boate was goeing off, said Ralph 
Loynes had the wrighteing wherin was the order for y« deliu- 
[172] ery of salt, lading aboard & taking of pease ||at Ouil- 

286 NKir HATEN COLONT BB00BD6. [1646 

ford A other businesse to be done at the Bivers mouth, A 
Gk>odm° Charles was in the boate, but he cannot say Mr. 
Erance therein only directed his speech to John Charles. 

Testimony being thus farr given in to prove Jn^ Charles 
ma', he pleaded for himselfe that he went in the said boate as 
a fireeman, takeing noe chardge vpon him, & that the said Jn9 
Evance made noe agreement w^h him for voiadges. Mr. 
Evance answered that he had imployed the said Jn^* Charles 
2 yeares together, in w<^h he made severall voiadges as m' ; 
that he only agreed w4i him for wages the first time, & had 
ever after allowed him the same wages vpon account, where- 
w^h the said Jn<> Charles was content, & the same wages 
might now justly have bin demanded &must have bin allowed, 
but there had never passed any speech of Jn<> Charles his goe- 
ing in the boat as a freeman w^hout wages, nor could it in 
reason either have suited the occassions of the plaintiffe, or 
the calling & course of the defendant, being a seaman. Ju? 
Charles only answered that the former voiadges were in a ves- 
sell wherein h<"selfe had a fourth part, but that altered not 
the case for wages, and the court told Jn<> Charles that hee 
was a man well knowne not to be so free of his sea labour, as 
to goe forth vj^on a voiadgc as a freeman w4iout wages in a 
vessell wherein himselfe was cheife seaman, & noe man elce 
fit to take chardge. To this he made noe replye, but affirmed 
noe seaman could prove him master by the evidence given in. 

Mr. Tobias Dimockc & Rob* Martin, marryners, & both 
now or lately ma''s of shipps, being present were desired to 
expresse what they apprehended in the case. 

Mr. Dymock testified that when he came from Pequott, he 
mett w^h Ralph Loynes, who was one of the seamen of the 
said vessell when it was cast away, but now absent, & y« said 
Ralph Loynes related to li»" the manner of their comminge to 
the Rivers mouth, & how the vessell was cast away ; namly, 
that they came in the sixth day of the weeke & tooke in 3 
pipes of wine, & the next day tooke in the rest, and on the 
second day of the weeke, called Munday, they fetched aboard 
an anchour they were by order to receive there, & they lay 
agrownd at the wharfe from the second day till the fowrth 


day at noone, all w<^h time her ladeing was in her, and when 
the storme came, they carryed out an anchour as farr as they 
could from the shore, but the storme being then great, they 
could not carry it farr enough, and Mr. Dymock thought the 
boate did not ride above a quoyts cast from the shore, & 
they haveing rowsed vp vpon the roade, could not gett her fur- 
ther off, & both Jn® Charles and the other two seamen went 
on shore & left the boate, & somtime after, the road bracke & 
the vessell drove onn shore. 

The court for Jn® Charles his better satisfaction desired Mr. 
Dymocke to declare his opinion, whether one shipt in the 
roome or stead of a ma' of a vessell bee not really the ma"^ of 
the said vessell & so to be accounted. Mr. Dimock answered, 
that if any one were shipt in the roome of a master of a shipp, 
& had liis power, that then he conceived he was master. 

Robert Martin testified that by the evidence given in, he 
could not conceive but that Jn^ Charles, so shipt in S'jt 
JeflGreis roome, was master, & he thought Jn<> Charles in liis 
owne conscience thought h^selfe ma*^, & would have required 
masters wages if he had returned safe. 

The court wished Mr. Evance to procecde & make proofe 
that the boate & goods were cast away & lost through negli- 
gence. Wherevpo Jn^ Griffin one of y^ seamen in the said 
vessell was required. Vpon his oath taken to declare and 
testifie what he knew in the case, he afiSrmed that they went 
hence on the 3^ day of the weeke in the afternoone, the winde 
then westerly, that he thought the skiffe roape stronge enough, 
yet against Thimble Islands she brake away, & they came to 
an anchour til the boat came vp to them, then they went to 
weigh their anchour, but it was 2 bowers before they could 
efect it & then the flood was made, & the skiffe gon they knew 
not whether. The next day they got to Guilford & Goodm»* 
Cliarles brought the vessell into the place where they should 
lye, and this depon^ to the best of his remembrance asked 
Goodm^ Charles whether he would goe into the towne, & he 
said no, y° Mr. Evance his directions were given to this depo- 
nent by Ralph Loyncs, whether it were because Goodm«» 
Charles could not read he knoweth not, the next day some of 

288 Nsir HAvn Odunrr bioobdb. p.646 

fheir salt being deliuered and their pease taken in, they set 
•ayle. Tbe next day by noone they came to the Bivers mouth, 
came to the wharfe, ynloaded the rest of their salt & tooke in 
8 pipes of wine, & the last day of the weeke tooke in 4 pipes 
more. Ypon the second day of the weeke they gott aboard 
an anchoor they were by order to receive there & to bring to 
Newhaven ; at night they heard of a skifie was cast ashore at 
the come feild poynt, told Ooodm>^ Charles of it, asked h"' if 
it were not best to goe & see it, if it were not theirs, & goeing 
fownd it to be theirs, the next day they brought ockham & 
caulked her. While they were at worke about her, the winde 
on a sudden fell calme, then Ooodm^ Charles said we wilbe 
gon, we shall have an easterlie winde, but after, their arose a 
Btorme w«h increased, but they returned before the vessell was 
afloate ; they did what they could, but had neither cannow nor 
boate of their owne to helpe them. At length the Dutchmen 
there did helpe them, & Goodm'' Charles went w^h them, & 
they carried out their anchour as farr as they could for the 
storme, then they rowsed ypon the boate roape and sett off w^h 
their oares, and gott her afloate, & laid her offe as fisLrr as they 
could, then they came all on shoare & loft her, and in the 
night the road brake. 

Jn<> Griffin being farther questioned about the losse of the 
skiff & other passadges, vpon his oath affirmed, that ther was 
an old cable & a tacle aboard, w^h might have binne made fast 
to the skiffo to have saucd her. Secondly that the vessell lay 
agrownd & noo anchour off, three tydes after she was loaden, 
before the stormc began, & that the reason of their leaveing 
the vessell was because they were wctt, & ye Dutchmen said, 
what will you doe starveing here, it were better for you to goe 
on shoare. 

John Charles alleadgcd that the said Dutchmen had testi- 
fied before the govcrnour that the vessel might have bin saved 
had she had another anchour & cable, the governour confirm- 
ing the same withall informed the court, that he had advized 
Jn© diaries that Mr. Evance might be present to heare what 
they could testifie vpon oath, but they came noe more. 
[173] II Leiut. Joseph Godfrey vpon oath testified, that the 


Dutchmen in his hearing told Mr. Evance, they apprehended 
Jno Charles his neglect lay in letteing the boate lye so longe 
loaden ashoare, til the storme was so great that they could not 
carry her ofif so farr as she should have bin for her preserva- 

Scijeant JeflEreis vpon oath informed the court, that seamen 
vse there to dropp or let fall an ancho' in the channell, for it is 
a dangerous place to ride at the wharfe ; that if there had bin 
an anchour flropt at their comming in, 20 or 30 faddom off, 
that the cable might have had scope, it is like it would have 
held; that if the vessell had layne 20 or 30 faddome farther 
from the shoare, though the cable had break, as the winde in 
the storme was, they might have gon cleare of the poynt vpp 
the river, and as she lay, had the seamen bin aboard, much 
might have bin done for the boats safety, to have cast her by 
flatting her foresayle. 

Herevpon the court asked Jn<> Charles whether h^selfe, (if 
proved ma' of the vessell,) must not conclude there was a 
greate neglect in him. He answered that if he were ma^, he 
mus4 confesse their was a great neglect, but he still pleaded 
that if the vessell had bin provided w*h 2 cables & anchours, 
they would have held her, & it is lik she would have ridd safe 
where she was laid. 

After much time spent in examjninge witnesses, & debateing 
the cause, the plaintiff & defendant vpon demand acknowl- 
edgeing that they had notheing further to say, the court 
inquired after the damadge, & fownd by dew proofe that 6 
pipes of Madera wine were wholy lost, which cost first penny 
10* a pipe, that 50 bush, of pease were laden, that of them one 
hogshead was only saved, the rest were lost, w^h cost at least 
7*, that the damadge in the boate lost, by anchour & cable, w*h 
other chardges necessaryly foUoweing, being rated w*h all 
moderation, came at last to 10* more. 

The premjses being dewly considered the court proceeded to 
sentence, and first finding the evidence full y^ serjt Jeffrejs 
was shipped ma' of the sd vessell, for the voiadge to & froe, 
that Mr. Evance would not have spared h™ if Jn<> Charles had 
not bin pcured in his roome, that the treaty w*h Jn® Charls 



in this buisnes, the time he tooke for consideration, A hs con- 
sent at last, all tended to that purpose, that the other seamen 
that went in the boate pfessed they knew not the place, & 
tlierevpon could not take chardge, that Seij* Jeflfrejs not goe- 
ing to the Massachusetts would have returned to his place of 
ma' for the voiadge, but Jn® Charles said thej had spoken to 
h™ to goe & he was to goe, y* y* other seamen in y« voiadge 
tooke h'n to be ma' & were at his comand, & considering w^hall, 
yt what Ju® Charls p'tended about hs going as a freeman in 
the said voiadge, & about wages, is in itselfe vnreasonable & 
wUiout any proofc at all, the court, in refFerence to the sen- 
tence foUowcing, concluded him to be master. 

Secondly by the evidence given in concerninge the neglect, 
yc court did find that Jn^ Charls had not improved his owne 
skill, nor excrsiscd the ordynary care of a man takeing 
chardge, for p'servation of y« vessell & goods. 

For first, haveing lost the skiffe, he did not as reason re- 
quires, & as the practise is of seamen in such cases is, to let 
fall an anchour at a reasonable distance in the channell, by 
w^'h means he might have hauled off, as occassion should re- 
quire, & the vessell might have ridd more safely, & the cable 
wUi more scoape might have held better, <fe if it had broke, 
they might have set saylc, &, as the wynd stood, might have 
runne v]))) the river w^hout difficultye. 

Secondly, he suffred the vessell to lye agrownd at the 
wliarfc, though all her lading were aboard, from y© second 
day to the fowrth day at noone, & though the weather were 
fairc, carrycd out noe anchour to secure her. 

Thirdly, after the storme beganne, & that they had bawled 
the vessell a litlc off from shoare, the storme contineweing, & 
the vessell in danger, haveing but one anchour out, & that 
litle scoape, yet himsclfe & the other seamen did all forsack 
her, leaveing noe man to prevent, or prevent in time of dan- 
ger; but as the said Jn^ Charles himselfe confest, there went 
somtimcs one, somtimes another, from y^ ordynary, being a 
quarter of a mile from the watter-side, to see how she ridd; 
whereas, probably had they binne in the vessell, they might 


have Ysed means either to have sayed her, or some pt of the 
goods now lost. 

Fourthly, John Charles in court confest, that if he were 
proved ma^, there was a great neglect. 

The court asked John Charles whether he could chardge 
the seamen, or either of them, w^h any miscariadge in their 
places, that part of the damadge might be layd onn them, but 
he objecting notheing against them, the court adjudged John 
Charles, for his grosse negligence, & vnworthj carryadge in 
such a place of trust, to pay Mr. Jn^ Evance, for h»"selfe & the 
other interessents, threescore & seaven pownds, besids the 
ordynary court chardges, in refiference to the pticulers before 

Mr. Evance vpon the sentence thus given, moved the court 
that he might have an execution granted, because Jn<> Charles 
is shortly to goe to Virginia & thence to England. But the 
court being slow to grant execution so suddenly, John Charles 
of himselfe told Mr. Evance in court, he had 36^ or 88^ in his 
owne hands already towards it, & he would tak order w^h Mr. 
Gilbert to pay the rest, wherew^h Mr. Evance was satisfied. 

[174] At a Gen* Court held the first Febr. 1646. 

Mr. John Evance & Theopliilus Higinson had liberty to 
dept the court. 

The orders of the last Jurisdiction Gennerall Court were 
now read. 

It was propownded that those planters, howseholders & 
sojourners, would give in their names, who desire to have their 
seats in the souldiers scats, ingadging thcmselues to bring 
their armes constantly, to all publicque meeteings for the 
worP« of God. 

It was ordred that the military olSficers should meete forth- 
with, & chuse 32 psons fit for the forementioned service, & 
send for them & speake w*h them, & see whether that they be 
willinge to attend the service, or elce it is to continew in the 
same order as at present it is. 

It was propownded to the court that they would expownd 


themselues in a former order, about corporals assistiiig the 
Serjeants in the exersise of their squadrons. And it was 
ordred that the corporals doe assist the s'jts in that exersise. 

It was ordered that the Neck this yeare be imployed as 

It was ordred that bro. Myles, bro : Coop & bro. Benham, or 
Edward Chipfeild, as a committee from this court, speake w^h , 
Goodman Wilmott about the land he holdeth of the townes, 
(in refference to the clay fownd there,) to let him still injoye 
it, or leave it. 

Bro : Andrewes propownded that some of them that held 
the small lotts behind Mr. Evance quarter, might haye some 
land granted them in liew thereof, on the east side Mr. Mal- 
bons farme. Mr. Malbon, Lieft. Seely and Mr. Francis New- 
man, w^h some of them, were chosen to view it, and to make 
report to the court concerning it. 

It was ordred, that another view be made by bro. Wack- 
man & bro. Myles their quarters, & that those of the quarters 
goe along w^h the viewers. 

It was ordred that the court w^h Leiut. Seely, consider what 
p'rivelidges may be meete to allow seamen, w^h refierence to 
watchings & traynings. 

Bro. Beamont had liberty to exchang 2 acr. of land at the 

It was ordred that the rest of those deputed to seate people 
in the meeting-howse shall seate the deputyes. 

Liberty was further given them that have or desire land w*h 
the small lotts to give in their names wUiin 8 dayes. 

Liberty was given Mr. Stephen Goodyeare to brew beare for 
this towne, all others excluded wUiout 4he lik liberty & con- 
sent of the towne. 

Vpon ^'iew of some mcddow at Mr. Goodyears farme, it was 
granted hec might take it for the lik vallew of vpland. 

Bro: Lampson was fownd able, & exprest himselfe willing, 
to pay 3 shill. ¥ weeke, from first to last, towards the maynten- 
ance of his wife, till the court see cause to alter it, but what- 
ever work his wife doth, it is to bee reckoned in part of what 
her husband is to allow. 

1646] NEW HAVEN COLONY BE00BD8. 298 

At a Court held at Newhaven the 2^ Pebb. 1646. 

W" Meaker informed the court that 7 pecks of meale he 
hath received of Sam : Daighton, & that yet he doth want a 
sack & one peck, & he had order from the court to dispose of 
6 pecks of meale, vntill the court se cause to order it to the 
partyes that did loose by Samuell Daighton. 

Geo: King chardged w*h blaspheaming the name cf Grod by 
curseing, James Heywood said he heard him swere by the 
name of God, & told him the danger of such a course, & since, 
he hath heard him sweare. 

Thomas Morris afidrmed he had bin told of swearing aboard 
the ship, & since, 4* since, swore by the name of God, aboard a 
Dutchman, & he told him of it. The oath was a by God. Geo. 
King confessed he spak the words. 

[175] II The Governo"^ told him that when the son of an 
Egiptian blaspheamed the name of God it was not borne. Its 
the peirceing through the name of God in passion, w^h is a 
high provokation of God, whereas the rule is, let yo' words be 
yea, yea, & nay, nay, & by a mans words he may loose his life. 

It was hoped it was only a rash & sinful oath, some have 
bin beared through the tongue, other have bin in the stocks & 
their tongues in a cloven stick. But hopeing this was not 
dispitfully don, the centence of the court was, that he should 
be whipped, and in the interim be kept in the marshals hands. 

John Meggs informed the court, he had received much 
damadge in a parcell of hay by Mrs. Turn's cattle, about 4 

Mr. Gilbert witnessed that he saw Mrs. Turn's cattle 3 
times at G. Meggs hay. 

W"» Wooden informed the court that 3 times he fetched 
cattle thence. 

Mrs. Turner rcplyed, the cattle gott in at som fence being 
downe, & dry catle had bin in the meddo, 100 at a time. 

James Till said, he has scene 3 yonge catle 2 or 3 dayes to- 
gether, & 3 cowcs at once from morning till night, at the hay. 

Goodman Andrewes and Goodman Cooper, being at Mr. 
Gilberts farme, were desired by Goodman Meggs to goe see 

8M warn hatu oqlont Biooapa (1646 

the hay, & by others relation of what it had bin, they judged 
that 4 load was stroyd, Gk)odman Cooper had form'ly seene it 
when there was litle losse, &o. The oentence of the oourt was 
that Mrs. Turn' pay Jn^ M^gs 8 load of hay, or 80* equiTalant 
Tnto it. 

]EUc^ Beech informed the court that his ooz>^ W» lies had 
done some work for Mr. Mullyner, & seyerall times he had 
desired to haye had it issued but he hindred it, A now latly he 
refosseing to make payment for what was don, he had him 
warned to the court to answere it. 

Mr. Mullyner told Bic^ Beech, if he would prove the bar^ 
gaine ft pformance of it, he would pay him. - 

John England said he was to ynderpin his howse, make a 
backe to a chimney, stone a well & get the stons, for three 
pownds ; but to his knowledge he had noe time set him for 
the doeing of it ; he being at work at Mr. Shirmans, whose 
nece^y was very great, he desired W^ lies to get some boddy 
els to help h"^, but in fine severall times they came & things 
were not ready, & when they had don his howse & almost fin- 
ished the well, insomuch that there was 20 inches water, 7 
weeks after Michaelmas ; after that, Jn^ England would have 
put a casko in the bottom, & dugg it deeper, but Mr. Mullyner 
would have pswadod him the spring were risen 2 foote in the 
well, when it was otherwayes in Gk)odm° Wards well, as was 
tryed, & lie hath held them of w4i dclayes, that it is yet 

Edward Tredwell informed the court, that he has heard -it 
said it was well don, so far as it was donne, but in the issue the 
sand lyeing one the side of it, it being made in a banke side, 

The centence of the court was, that Mr. Mullyner pay 56« 
vnto John England and Ric*> Beech, (and that he pay 6") 
besids the chardges vnto them, Jn<> England finishing it. 

Theophilus Higinson hath sold 8 acr ^ of vpland vnto 
John Punderson, lying w^hin the first devizion. 

Theopliilus Higinson hath sold vnto Goodm° Johnson seaven 
acr. of vpland lyinge w^hin the first devizion, lying next Good- 
man Todd. 


John Nash hath sold 5 acr ^ of meddow on the Indian side, 
vnto Jn9 Vincent. 

John Nash hath sold 7 acr ^ vpland vnto Roger Allen, w«h 
lyeih in Mr. Lambertons quarter. 

[176] ||Thomas Hogg haveing bin imprisoned vpon suspition 
of bestyality w^h a sow of his mistreses, for about 2 or 8 
monthes agoe, there was a discovery of that w^h is conceived 
bestyalitye, a sow of Mrs. Lambertons pigging two monsters, 
one of them had a fairo & white skinne & head, as Thomas 
Hoggs is. It being considred of, Mr. Pell was sent for, and 
afterward was fownd another w^h a head lik a childs & one 
eye lik his, the bigger on the right side, as if God would dis- 
crib tlie party, w^h the discription of the instrument of bes- 
tyalytie. This examinant being sent for & examjned about it, 
he fetched a deepe sight, fell in his countenance, but denyed 
it ; but information was made of sundry loathsome passadges 
concerning him, as discovereing his nakednesse in more places 
then one, seemeing therby to indeauo' the corrupting others, 
and being told of it, ho said his breeches were rent, when 
indead his sperit was rent. 

Thomas Hogg said his belly was broake, & his breeches were 
streight, & he wore a Steele trusse, & soe it might happen his 
members might bo scene. 

Goodie Camp informed the court, that for all slie could say 
to him, yet he did goe so as^his filthy nakednesse did appeare ; 
she has given him a needle & thridd to mend his breeches, 
but soone it was out againe, & he would tell her his breeches 
were tore & burnt. 

The faults for w«=h he was imprisoned were two. For that 
of bestyalytie, guilt did appeare in his carryadge, although he 
denyed he was at farme when the sow took bore, & would not 
have gon to fetch home the swyne about their pigging time, A 
being sent once & agayne, he went, but brought them not 
home, but one of bro. Thompsons famyly fownd them in lesse 
then halfo a day. 

Afterward the governo'' & deputy, intending to examyne 
him, caused him to be hadd downe vnto his M" yard, where 
the swyne were, & they bid him scratt the sow tJiat had the 

296 NSVr HATEN GOLONT SB00BD6. [164tf 

monsters, & immedyatly there appeared a working of lust in 
the sow, insomuch that she powred out seede before them, A 
then, being asked what he thought of it, he said he saw a 
hand of GtoA in it. Afterwards hee was bid to scratt another 
sow as he did the former, but that was not moved at all, which 
Thomas Hogg acknowledged to be true, but said he neyer had 
to doe w% the other sow. The court was informed that he 
seeing his m'* swyne, & this sow that had the monsters, yet he 
would not bring them home. 

Nicholas Elsie said he knoweth that Thomas Hogg did ques- 
tion whether that sow was his mistrises or noe, & shewed an 
ynwillingnesse to haye them home. 

Mary, servant vnto Mrs. Lamberton, informed the court 
that the neagar was the first in the famyly that observed his 
discovereing his nakednesse, & told him she would flying fier 
in his breeches if he continued thus ; and divers times her- 
self saw it, & told him of it, but he would deny it. 

He had discovered himselfe to be an impudent lyar, and 
forward in stealing. Lucretia, the governors neagar weoman, 
informed the court that while she was in the famyly w% h™, 
she saw him act filthjnesse w^h his hands by the fier side, & the 
next day the child & Hannah told her of ft, & she asked whether 
hee was not ashamed. And she hath seene him take his hand 
out of the pott & a dumpling with it. Mary, aforementioned, 
added she saw him take cheese out of the buttrey, & speaking 
to him about it ho denyed it presently. 

The centence of the court was, (leaveing that about beas- 
tyalytye to be further considred on,) that for his filthynesse 
lyeing & pilfering, he should be sevearly whipped, & for the 
future time during his imprisonement, that he be kept w*h a 
meane dyet & hard labour, that his lusts may not bee fedd. 
[177] II John Charles was required to answere for his con- 
tempt of the court, that they sitteing & sending a warrant for 
him, yet he goes away w%out any leave, conteming the 
authority of the place therein. 

John Charls answered, it was true he went away, it being 
vpon a pinch of time and skipper Zeaker stayed for him, & he 
was told that warninge should have bine given before that 


time, & 80 not lawful! waminge. Espetyally speakeing to his 
bro. of Totokett that he should informe the court how it stood 
w*h him, he thought it noe contempt. 

Thomas Wheeler, Thomas Lawrence and Timothy Alsopp 
vpon oath affirmed, that when the said Tho"* Wheeler had 
told John Charles he must goe to Newhaven, John Charles 
asked him what he should doe there, Thomas Wheeler said 
he must answere to such things as were brought against him. 
John Charles answered, that they had more neede answere 
him for threescore pownds they tooke away from him. Thomas 
Wheeler saith further that John Charls said, that to take 
away his mony & to dealo so wUi him, was the Judasest trick 
that either he or ever man was served. Thomas Wheeler told 
him he must take heede, it was against authority, but John 
Charles answered he ment Mr. Evance. Thomas Wheeler 
replied that Mr. Evance could not take away his monny & that 
it must be meant of the court, for what Mr. Evance had of 
him, it was by Order of court. 

Thomas Wheeler further affirmed, that haveing the war- 
rant he went to the vessell & told them his businesse, John 
Charles replyed he had noe power over him and that he could 
not doe ought w^hout a water-bayly. Skipper Zeakar com- 
ming ashore, was vnwilling & refussed to set them aboard or 
John Charles ashore, although he told him he had a warrant 
for him. Then he told him that if he carryed him away, he 
must give an account for it ; the he told the said Thomas 
Wheeler that if he went aboard he would carry him away. 
Then gott they an Indian to hclpe them aboard, & then they 
brought John Charles away >vith them. All w^\\ John Charls 
sought to evade & fell to say he had bin wronged by Mr. 
Evance, however now he must lye at the mercy of the court, 
but he intended noe contempt of the court, although told at 
Connecticott they give three dayes warningc. 

Goodman Banister informed the court, that on the second 
day at night, George Smith <fe himselfe were at Goodman 
Brownes the bakers, where John Charls was & said the shipp 
was goeing forth but might not returne, then said he why ? 



John Oharles answered they had gott sixty pownds from him^ 
but if any wise man were in the plantation, it had not bin soe. 

George^ Smith informed the court that he heard John 
Oharls say, if it had binne in any part of Newhaven he had 
not bin cast, but he remembers noe more. 

The centence of the court was that (for his contemptuous 
cariadges and vile expressions, tending to the de£Guneing 
the court for doing justice according to their light,) he should 
pay twenty pownds to the jurisdict'. 

Mr. John Evance informed the court that John Gharls had 
gone yp and downe in a slanderous way reproachi[ng] him 
and sayeing he had cheated him, and said he was as ynmercy- 
full as a dogg &c. Although he had the next day after the 
court, bin downe w^h him w^h anoth' & told him he per- 
ceived his sperit was troubled, but mynded him how he had 
sate downe satisfied till he heard such reports that made it neo- 
essary for him to move, & told him further if yet it should 
appeare that it was not his dew w<^h the court -ordred him, he 
desired not to possesse it. 

[178] II Brother John Mose informed the court that his 
brother John Charles sayd Mr. Evance had broken his prom- 
ise once or twice in monney or beauer lent him, the w<^h Jn<> 
Charles acknowledged. Jn^ Charles said he had bin out of 
his wages these two yeares and has had promise of beaver, and 
60^ in beaver he paid Long Islandmen, A'yet hraselfe was vnpaid. 
Againe he helped Mr. Evance w% some beaver w^h he heard, to- 
gether w*li that he should have, goeing for England, but it was 
sent to Connecticott, Mr. Evance telling him he should have it 
w4i him for England. Captayne Smith commeing in received it 
& carryed it into the Bay, when his expectation was to have 
it w^h him ^ way of Virginia to carry for England. 

Mr. Evance replyed that Goodman Charles haveing sayled 
longe in the bark, at length, makeing vp accounts the com- 
panny were fownd his dcbto''s, and hee was ordred to pay it, 
then John Charls said, you oweing mee already 20* or 30*, 
pray let me have it altogether when I shall goe for England, 
& I promised to pay it him in beaver or by a bill of exchange 
to Mr. Eldred. And in September or October last Jn^ Charles 
came to Mr. Evance & told him he would then for England, 


SO that till then uoe monney was due so as to call for damadge 
vpon nonpayment. 

In September Mr. Evance sending to John Charles by Mr. 
Dymocke to kecpe that coat beau"" in his hands w^\i he had, 
for his purpose was it should goe with him to England. But 
John Charles afterward hearing that Ralph Worry had some 
coate beauer of Mr. Evance, he thought that was it, but it was 
some other as appeared by W'° Andrewes oath, servant to Mr. 
Jn^ Evance, w^h was as foUoweth, 

That W^n Andrewes maketh oath that by the order of his 
m"" Mr. Jn*' Evance he, the said William Andrewes, packed vp 
107**» of coate beaver & one otter skinc in a cask, w'^h he 
received of the Dutchmen for the vsc of his m"^ Mr. John 
Evance, w<^h was directed to Mr. Lacke of Boston to be sent 
to Mr. Eldred of London, out of w^h he was innordred to pay 
Goodm° Charles his bill of exchange. Mr. Evance informed 
the court that he paid Mr. Woory wUi beau"" that he received 
from the fort of D'Aurange. Leiut. Joseph Godfrey informed 
the court that he heard Mr. Evance. give order to W»n And- 
rewes, and also the promise that passed to John Charles. 

Mr. Evance said he dealt faithfully w'h John Charles, for 
he intended to have sent it by way of the Bay, hearing he 
went that way, til afterwd, w^h made him take that care. 
Although he seeth himselfe short in that he gave not due 
notice thereof, seing he might have gonne ^ the way of the 
Rivers mouth. 

Jn*' Charles said this was all he had to say for damadge, if it 
did amount to anything or.noe. Bro. Mosse required of Mr. 
Evance a reason whj he demanded execution so suddenly, he 
answered, because of Jn<^ Charles speedy purpose to dept. 

Thomas Newton of Fairfeild maketh oath, that John 
Charles, being at Mr. Pells howse, affirmed that Jn" Evance, 
for the goodwill of the said John Charles in len[ding] him 
coate beau' for some time, for w*=h the said John Evance had 
promised him a bill of exchange, hoe had mearly cheated h". 
Joseph Alsop of Newhaven affirmed that he had sayled for 
John Evance two years, & it was longe erre he could get him 


to accS & that being come to accompt, & he was to have his 
monny, he sd hee was mearly cheated by him as at last. 
[179] ||Leiut. Seely witnessed that before the court John 
Charles said that there was noe more mercy in Mr. Evance 
tlien a dogg, & when he had any advantadge he would vse it, 
and that thus he spake at Phillip Leeks. 

Jolm Charles acknowledged the grownd of all these words 
was the boate. 

The centence of the court was, that seing this way of slan- 
dereing not only reached to the defaming Mr. Evance, but the 
wounding him in his credit & faithfulnesse, w<^h is to vndoe 
him so fare as lay in his power, he was fyned 50^*' to Mr. Evance. 

At a Court held March the 2<> 1646. 

Jolm Sackett demanded a debt dew from Stephen Medcalfe 
of 18-. 

W™ Fancy informed the court that Stephen Medcalfe said 
vnto Jno Sackett in his hearing that he had forgott to reckon 
the 15» he owed him, w<^h he said he would pay him the said 
John before he went, of w^h he was ready to make oath. 

Bro : Myles & bro. Whitnell are desired to view Stephens 
bowse & judge what it is worth ^ weekc. 

W'n llles his inventory* was presented to the court, where- 
vj)on the Go'' propownded that Ric*» Beech give in securyty to 
the content of this court, or els pay into the treasurers hands 
the vallew of the inventory. Bro. Anthony Thompson and 
bro. Clarke are desired to view the land Ric^ Beech presents 
for securyty at home. Also ordrcd that the secretary wright a 

♦ "An inventory of Willra. lies his goods with the prizes." 

Sura .£9. 19. 10. prized by John Clarke, Antho: Tompson. 

Win. lies Dr. To Mrs Shearman ,£0. 10. to CJoodraan Charles £0. 10. 3. to Good- 
man Ives £0. 10. to Goodman Pecke £0. 0. 6. to Goo<hnan Larramore £0. 0. 8. to 
Peter Mallorie £0. 6. to Rich Booth XO. 4. to Serjeant Ancb^wes .£0. 0. 7. to Wm. 
Bassett £0. 0. 6. 

Wm lies Creditor. For work done at mill £2. 7. from Mr. Godfrey £2. 1. from 
Goodman Heards £0. 16. from Mr. Mullyner £1. 1. 6. from Arthur Halbidge £0. 0. 
10. from Wm Peck £0. 1.10. for 9« which wa« in a purse of wompm brought from the 
trading house £0. 0. from Isaac Beecher £0. 2. from John Mosse £0. 0. 6. for a howe 
valued by Boger Allen £0. 2. 6. 


letter to the towne where W™ Hes lyved, vnto his brother, and 
that Richard Beech should bring into the court what chardges 
he hath bin at in gathering the inventory. 

Thomas Yale hath sold vnto Robert Johnson 62 acr. of 
vpland in the 2^ devizion, 15 acr ^ of meddow, & 5 acr. | in 
2 pcells, w<^h is f of the first devizion of David Yale, & 3 acr. 
^ in y« neck. 

It was ordred that the proportions of John Meggs, John 
Gregory and Robert Preston be setled vpon them severally, 
they buying the proportions of 300^ from Mr. Evance. 

Samuel Hodkejs was called before the court for theft. 

Sarah Rutherford informed the court that Samuell Hodkejs 
had taken from her 20* *> of lead w<^h he had brought agayne. 
But she haveing promised some lead looked for it & fownd it 
wanteing, wondred at it what was become of it. At length 
Goodman Walker had some suspition of Samuell Hodkeyes, & 
speakeing vnto one of it, he telling Sam. Hodkeys of it, he 
then layd it w^h Edw : Preston & W"* White, & said he had it of 
them, informing that vpon the ships coming back unexpect- 
edly & these yong men in her, they were called lead mar- 
chants, & so he slandred them. 

But now he acknowledgeth his sinne, & he judgeth in 
h^selfe that the court cannot passe too heavy a centence vpon 
him, for he had sinned against his light & conscience, and 
confesseth he hath formerly bin given to this way of theft. 
It is now the greife of his hart that he cannot bee suffitiently 
affected w^h it. And further acquaynted the court that the 
axe he formerly tooke from Mr. Evances gate, he did in his 
conscience feare now it was his, although then hee w^istood it. 

The centence of the court was that Samuell Hodkejs make 
double restitution, and that for his slanders & lyes tha4 hee be 
whipped publicquely, and that he pay the chardgs of the court. 


[180] At a Generall Court held the 10^»» op March, 


The names of people as they were seated in the meeting- 
bowse were read in conrt & it was ordred they should be re- 
corded, w^h was as followeth, 

First for the mens seats, viz*^. 
The midle seates have to sit in them, 

1 Seate, the Governour and Deputye Governo^ 

2 Seate, Mr. Malbon, Magistrate. 

3 Seate, Mr. Evance, Mr. Bracey, Mr. Fra: Newman, Mr. 

4 Seate, Goodm" Wigglesworth, Bro. Atwatter, Bro. Seely, 
Bro. Myles. 

6 Seate, Bro. Craine, Bro. Gibbs, Mr. Caffinch, Mr. Linge, 
Bro. Andrewes. 

6 Seate, Bro. Davis, Goodman Osborne, Antho: Thompson, 
Mr. Browning, Mr. Rothi^ford, Mr. Higginson. 

7 Seate, Bro. Camfeild, Mr. James, Bro. Benham, W» 
Thompson, Bro. Lindoll, Bro. Martin. 

8 Seate, Jn^ Meggs, Jn" Cooper, Peter Browne, W*" Peck, 
Jn^ Gregory, Nic^ Elsie. 

9 Seate, Edw. Banister, John Herryman, Benja : Wilmott, 
Jarvis Boykin, Arthur Holbridge. 

In the crosse seats at the end. 

1 Seate, Mr. Pell, Mr. Tutle, Bro. Fowler. 

2 Seate, Tho™ Nash, Mr. Allerton, Bro. Pery. 

3 Seate, Jn^ Nash, David Atwater, Tho"» Yale. 

4 Seate, Robert Johnson, Tho™ Jeffery, John Punderson. 

5 Seate, Tho™ Munson, Jn^ Leavermore, Rog"" AH", Jos: 
Nash, Skm Whithead, Tho"» James. 

In the other litle seate, John Clarke, Marke Peirce. 
In the seates on the side for men. 

1. Jeremy Whitnell, W"» Preston, Tho"* Kimberley, Tho"' 

2. Daniell Paul, Ric^ Beckly, Richard Mansfeild, James 

1646] NEW HAVEN GOLONT BE009DB. 808 

8. W™ Potter, Tho«n Lampson, Christopher Todd, Will™ 

4. Hen. Glover, W«n Tharpe, Mathias Hitchcocke, Andrew 

On the other side of the dore. 

1. John Mosse, Lucke Atkinson, Jn*' Thomas, Abraham 
Bell. * 

2. George Smith, John Wackfeild, Edw. Pattison, Richard 

3. John Basset, Timothj Ford, Tho°> Knowles, Robert 

4. Ric»» Osborne, Robert Hill, Jn^ Wilford, Henry Gibbons. 

5. Francis Browne, Adam Nicholes, Goodman Leeke, Good- 
man Daighton. 

6. W™ Gibbons, John Vincent, Thomas Wheeler, John 
Brockett. c»' 

Secondly for the weomens seates. In the midle, 

1 Seate, Old Mrs. Eaton.* 

2 Seate, Airs. Malbon, Mrs. Grigson, Mrs. Davenport, Mrs. 

3 Seate, Elder Newmans wife, Mrs. Lamberton, Mrs. Turner, 
Mrs. Brewster. 

4 Seate, Sister Wackman, Sister Gibbard, Sister Gilbert, 
Sister Myles. 

5 Seate, Mr. Fr: Newmans wife. Sister Gibbs, Sister 
Crayne, Sister Tuttil, S. Atwat^ 

6 Seate, Sister Seely, Mrs. Caffinch, Mrs. Pery, S. Davis, S. 
Cheev^s, Jn^ Nash's wife. 

7 Seate, David Atwafs wife, S. Clarke, Mrs. Yale, S. 
Osborne, Sister Thompson. 

8 Seate, S. Wigglesworth, Goody Johnson, G. Camfeild, S. 
Pond''son, G. Meggs, S. Gregory. 

9 Seate, Sister Todd, S. Boykin, W*" Potfs wife, Mathias 
Hitchcoks wife, Sister Cooper. 

^ The following passage, from Lechfords Plaine dealing, explains why no seat U 
assigned for Mrs. Eaton, the Govemor*s wife. " At New-haven^ alias QtHfiapeag, where 
Master Davenport is Pastor, the excommunicate is held out of the meeting, at the 
doore, if he will heare/' Mass. Hist. Coll. 8d series, iii. 73. Reference has already 
been made to Mrs. £aton*s excommunication. 

804 mnr hatsn oolont RKxafis. [1646 

In the crosse seats at the end. 

1. Mrs. Bracey, Mrs. Evance. 

2. Sister Fowler, Sister Ling, Sister AUerton. 

8. Sister Jeffery, Sister Botherford, Sister Leavermore. 

4. Sister Preston, Sister Benham, Sister Mansfeild. 

6. S: Allen, O: Banister, S. Eimberley, O. Wilmott, Sister 
Whitnell, Mrs. Higinson. 

In the litle crosse seate. 

Sister Potter y« midwife, and old Sister Nash. 
[181] II In the seates on the sides. 

1 Seate, Sister Powell, Ooodye LindoU, Mrs. James. 

2 Seate, Sister Whithead, Sister Munson, Sister Beckly, 
Sister Martin. 

8 Seate, Sister Pecke, Joseph Nash his wife, Peter Brownes 
wife, Sister Russell. 

4 Seate, Sister lues. Sister Bassett, Sister Pattizon, Sister 

In the seates on the other side the dore. 

1 Seate, Jn^ Thomas his wife, Ooody Enowles, Gk)ody 
Beech, Goody Hull. 

2 Seate, Sister Wackfeild, Sister Smith, Goody Mosse, James 
Clarks wife. 

3 Seate, Sister Brockett, Sister Hill, Sister Clarke, Goody 

4 Seat, Goody Osborne, Goody Wheeler, Sister Nichols, 
Sister Browne. 

Brother Audrewes, bro. Munson & Goodman Basset were 
^\ desired to view the posts of the meeting-howsc, & to see if the 
\eirts fly not out & to doe whats necessary for the preservation 
of the whole, lest insensibly they should decay. 
Mr. Evance had liberty to depart the court. 
Richard Pery secretarie had liberty to goe a voiadge for the 
comfort of his famylye, and Mr. Francis Newman was dissired 
&• declared himselfe Availing to attend the service in his ab- 
sence. iir»ri. /^ ^ 

* These ivords [was di»sired &] interlined by Mr. Newman. 


It was ordred that the former men chosen to view Gk)odman 
Wilmotts land should set a rate vpon it^ that so the towne may 
be paid Thomas Fugills fine. 

Mr. Malbon informed the court that himselfe & those chose 
w'h him to view the land that bro : Andrewes, bro. Cooper & 
Serjt Beckly desired onn the east side, & thought it might be 
noe wfty prejuditiall to the towne, wherevpon it was ordred 
that a survey be taken of the quantytye of the land. 

Brother Crayne, brother Myles and Leiutenant Seely were 
deputed to view a cart-way betweene Milford and Newhaven, 
and to make report to the court how they find it. 

It was ordred that ^ <^ a head be layd on the cattle 
(imedyatly, but finally on the fences that are defective,) 
brought to the pownd, report being made of some fences that 
are downe. It was also ordered that the fences be viewed 
after stormes, and that the viewers be paid for their paynes 
therein by those whose fences are defective. 

It was ordred that the view be made euery last whole weeke 
in euery month by the viewers of the fences, that so defects 
may be returned to the next court, w^h may be a means to 
prevent damadge. 

It was ordred that every cow-keep burne his owne walk & 
that he be paid by them whose heard he tendeth. 

Whereas there hath bin a question about a highway to those 
lotts at the Oysterpoynt, it is ordred that Mr. John Wackman 
& bro. Anthony Thompson shall issue it by order of this court 
and consent of the qu^'ter. 

It was ordred that noc man put any cattle in the Necke be- 
fore May day. And if any be fownd there, they are pownda- 
ble, & that noe man drive his cattle any other way then as his 
land lyeth in the towne, eastward or els northward. 

Brother Wackman, brother Myles and brother Davis vpon 
request of bro : Mitchell were to view some laud desired by 
him at the playnes. 


wjLwmt oaunnr noons. [MiT 

[182] At ▲ Caen held at Newhatkh this but or AmUi 


Thomas Sash informed the court that lliere is some fence 
downe in that quarter w«h they call Mr. Malbons quarter that 
fhef find noe owner for, therfore the court ordred that the 
owners of the land w^hin that quarter shall meete Tpon the 
fift day of this weeke, at 4 a docke in the aftemoone to setle 
the fenceinge ypon the partjes it properly belongeth to. And 
for euery partye that fayles to meete according to this order, 
they haveing lawfull waminge, shall pay 12'. 

James Heywood was called forth to answere for the onne of 
dmnkennesse, the chardge against him standing thus, that 
bring caUed to went alxMtrd a Dutchmans vessell, and did 
there drinke stronge watters in such excesse that he made 
himselfe drunk by it, so as that he had not the vse of his rea- 
son, nor of his tongue, hands or feete ; so that there is all the 
caracters of a drunken man, as was most fully proved when he 
was cast out of the church. The Govemour further declared 
to him how greatly his sinne was agravated w^h manny (At- 
cumstances, but espetially that he, being a member of the 
church w*h whom the Lord had dealt so kindly with, and he 
so to requite the Lord was a sinful! foolish thinge, oh foolish 
people & vnwise^ doe you thus requite the Lord. 

He haveing liberty to speake for himselfe answered, I owne 
my sinne and take the shame, and doe confesse the name of 
God hath bin dishouered and blaspheamed through mee, for 
my sinue hath manny circumstances w<^h maks it greivious, 
for w^h the hand of the Lord is justly out agauist mee, so that 
I have nothing to say, but doe justifie the proceedings of the 
court in what God shall guide their harts to. 

This auswere being given, the Governour opened the case 
thus, Drunkenessc is among the fruits of the flesh, both to be 
witnessed against, both in the church and civill court, and its 
a brutish sinne, and so to be witnessed against. A whip for 
the horse, a bridle for the asse, & a rodd for the fooles backe, & 
his sinne is more heynous as he was a member of the church. 
But it hath not bin brought to mee that this man hath bin 


given to drunkennesse, nor is it fownd that it was an appoint- 
ed meetinge for drinking, but he being called, drank an ex- 
cessive quantitye w<^h caused these efects. I leave it therfore 
to the courts judgement whether they shall find it a dispositio 
to drunkennesse or an act onlye. 

The court considering what had bin said, thought it not a 
disposition to drunkennesse in him, nor a match appoynted for 
drinking, therfore thought not to punish it w^h corporall pun- 
ishement, but by a fine. Therfore the centence of the court 
was, that James Heywood pay fivety shillings to the towne for 
this act of drunken esse. 

An atatchm* being layd vpon the goods of Mrs. Stallion by 
Richard Piatt of Milford for a debt of 57», it was ordered, that 
Mr. Goody eare & Mr. Newman, who were intrusted by Mrs- 
Stallion w^h her estate, doe pay doe pay the aforesaid Ric<* 
Piatt the 57 » w<^h is due to him for rent of the howse w^h 
Mrs. Stallion did live in, & the said Ric<* Piatt doth promise, 
that for any thing done to the howse by Mrs. Stallion, when 
the covenant is out he shall stand vnto such just considera- 
tions as is fitt. 

At a Court held at Newhaven the 4^*» May, 1647. 

An entry of 5 acr. |, 12 rodd of land lyeing on the west side 
abutting eastward vpon a highway by the west meddow, west- 
ward vpon the second devizion of land on the west side, 
allyenated from Richard Beech to Anthony Thompson. 

Richard Myles & Jeremy Whitnell haveing bin apoynted to 
view Stephen Medcalfes howse, returned to the court that the 
fence stands, and John Sackett hath put vp some pales & spent 
some nayles ; the said John gave in a noate to the court, of 
chardges w^h had bin spent about the howse, to the vallew of 
about 17^ 8^, & what the howse & lott was worth by the yeare 
to defray this chardge, or what it is worth to be sold, was 
refferred to Richard Myles & Anthony Thompson, and to take 
in the helpe of some workmen with them. 
[183] II Brother Leavermore defired his fine w<^h he was 

one Lofds dsr. bvt 
ttcfe v«li seaued lum it ni 

Bidiard HmofokL, wrrau to Mn. Tufser, w (termed fegf 
Us Xn. Cor fundrr crone miscariadbes. as tar seofiw at the 

tf ^> ^* *• 

wofd of God W'b was p reached bf Mr. C hmioa , for 
fcbenkms eaiTUulgn in tbe bnqrlje, as when Ins austria 
Um C»r any utteiMaiyes he hath thow part of it into the five, 
A part into the waiter, Jc said it dioold neror doe here move 
good. When he hath asked fiir a pott in the howse. k h waa 
toUhimhisMrs.hadit,heliid the DireU goe with it, and 
wbm his Urs* came to oorreel him tor a lye. he tamed againe 
and did wringe her by the arme Jc if the odier senrant had not 
taken him of, it was thoo^t he would haTe beaten her. He 
asked her daughter Bebeeea if die were not w<h ehild and 
dierin shtondered her, he hareing noe grownd soe to doe. 
These things being cleared to the court by witnesse and his 
owne confession, bends other miscarriadges charged Tpon 
him, the centenee of the coort was that he should bee seuearly 

Edward Banister complajmeth that Tho^ Osborne being 
cow-keejxj;r for the cowes on their side, and his among the 
rest, did one day loose one of his cowes ne^egently by leave- 
inge her in the feild swamped, and saith that the said Tho"* 
kept in howsc that day to keepe himselfe drye because it did 
raync A saith Mr. Hooks man can say something to it. 

Mr. Hooks man sath that he mett w^h Nathanjell Seely as 
he came home, who kept cowes w*h Tho" Osborne that day, 
A told him that it was a wett day to keepe cowes in. I, saith 
hee, but I was the most part of the day in a wigwam or some 

The" Osborne, answered for h»nselfe, that day he kept the 
cowes & Nathanjell Seely with him, and carfully turned the 
cattle from the swamps, & when they were to come home, Na- 
than ioll Heely ho sent thcoughout the playnes w^h the cattle 
A wont to search the swamps himselfe, least any cattle should 


be there, but fownd none, and thought there had not bin a cow 
behind, but at night Goodman Banister demaunded his cow, & 
he would have gon that night though it rayned to secke her, 
but they agreed to goe in the morning & did so, but fownd her 
not. It was demanded of Nathaniell Seely how long they 
were in the howse, he answered, not aboue f of an hower. 
And Tho"" Osborne said the day was exceeding wett & they 
went m there to shelter themselues a litle, the cowes being 
hard by the howse, & staid not, & for what shelter els they 
had vnder some bowing or hollow tree. The next day after 
they went againe to seek her, and Georg Smith and Ric*» 
Osborne went with them. George Smith said they went 
downe that swamp where afterward the cow was fownd and on 
that side of the swampe, but saw noe cow but a black thing in 
the swampe w<^h they tooke for a stumpe of a ti'QC, yet they 
sought dilligentlye as if the cow had bin their owne. 

Richard Osborne said they went rownd the swampe as well 
as wee were able, we searched & went through the swampe 
twise, and if it had bin my owne cow I could have looked noe 
otherwayes, & for my part if it had not bin a thing hidd, I 
cannot tell how wee could misse her. 

The court considring things as they have bin held forth by the 
severiall witnesses, doe not see grownd to charge Thomas Os- 
borne w*h any grosse neglect in this matter, either in looseing 
first the cow, or after in seekeing her vpp. Therfore the cen- 
tence of the court was, that Thomas Osborne be freed from 
the losse, & Goodm** Banister must beare it as an afflicting 
providence of God cast vpon him. 

John Bishopp, serv^ to Mr. Allerton, was complayned of for 
want of armes, & though hee made sundry apologies, yet the 
court saw cause to fine h"», but because his M"" is much absent 
& y^ it did also appeare y' wh" his M"" heard of it he tooke 
care to pvide, y« court did inclyne to favour & did abate halfe 
of the fine for want of armes, so y' the fine to be paid* 

[ ] 

[184] ||W«» Payne for neglectinge to bring his armes one 
lecture day, was fined 6<*. 

» Half a lino worn away. 


Fvrther W* Pajne wis eomplarned off fbr not comnringe 
time enoaefa one Lords daj moming Jc ereniiige, bat seing it 
Mppetaed he was very neare before the drome had don beating, 
and consideringe the distance at w^h he lives A he saith he 
could not heare the first drO. the coon saw cause to moderate 
the fine, & was fined for both but 1*. 

Roger Knapp was complained of for not bringing his armes 
one Lords day, ^ for not coming to the squadron meeteinj^, 
but being absent it was respited. 

W°> Gibbons was complavned of for late comminge one 
Lords day, but it apearing he was not well, nor in caae to 
come, it was passed by. 

Mr. Caffinch was complavned of for late comming one Lords 
day, but respitted. 

John Lawrenson was complayned of for late comminge 2 
Lords dayes & one night to watch, but respited. 

Rich : Beech propownded to the court for helpe, Mr. Mully- 
ner not paying to h^ what the court ordred h™ to pay for his 
coz», W<» lies. The court propownded that hee would stay 
till another court, w^^h he inclyned to doe. 

Further, whereas Anthony Tliompson & John Clarke were 
to view some land of Ric** Beeches for securjtie of W°» lies 
his estate, they thinke the land is not securytye, therfore the 
court gave him time till the next court to provide sufficient 
securytye, or els to pay it into the treasurer. 

At a Gen^^ Court at Newhaven 17*^ May 1647. 

The Governo' propownded & acquaynted the court that 
those that were apoynted to audite the treasurers accompts had 
done it & fownd that the towno was indebt, and sundry things 
wore to be paid to sevcrall men & the treasurer had it not in 
hand to pay, therfore there is cause for a new rate to be levyed, 
that rightcousnessc may be attended. After much debate, it 
was voted that one halfe years rate be forthwith paid into the 
treasurer, ouor & aboue the yearly rates in their ordynary 


The Gfovemo' propownded to the court about the moniiey 
paid for imprisonements, whether it should wholly goe to the 
m^shall over & above his yearly sallery, and it was voted that 
it should. 

It was propownded by Leiut. Seely that the planters in the 
towne whose mynds were industrious that way, might have 
libertye to set vp wares to catch fish for the releife of their 
famyljes and good of the towne, and it was granted they 
should, provided that there be noe stopping of lighters, nor 
damming vpp of rivers or harbour to bring further inconveyn- 
yence to the towne, & that they be not p'juditiall to the wares 
the Indians have already set vpp, nor shall any man set vp any 
ware to the hinderance of another w^h is already set vp 

Serjeant Nash propownded whether it was the courts mynd 
that mi's of watches should be freed from walking the rownds 
& standing sentinell on the Lords dayes, but after some debate, 
the thing was respitted till another court. 

W™ Preston, who was intrusted to looke to the shutting 
the meeting-howse dores, was desired to keep them constantly 
shutt, A that they be opened vpon the Lords dayes & lecture 
dayes before the first drume is to beate, and^ W°» Andrewes 
was desired so to repayre & order the dores that they may be 
opened on the outside when vnlocked &, vnbarred, & at other 
times to shutt fast & secure. 

Robert Bassett was desired to beat both the first & second 
drume, vpon Lords dayes and lecture dayes, vpon the meeting- 
howse, that soe those who live farr oflF may heare them the 
more distinkly, & he promised so to doe. 

Capt. Malbon propownded to the court, that seing the towne 
had noe cull'^s for the trayne band, that thcrfore the towne 
would pay for part of them or wholly, & let the artillery have 
the vse of them, & the drummer might be paid by the towne 
for drumming for the artillerie, but it was respitted. 
[185] II The Governour propownded that the coUcdge come 
might be. forth with paid, & that considering the worke is a ser- 
vice to Christ, to bring vp yonge plants for his service, and 

812 Bnnr hatbn oolont bxoobdb. [1647 

besides, it wilbe a reproach that it shalbe said Newhaven is 
ftlne off from this service. 

It was propownded that they w<^h want hay, would speake 
in time to the tr^lsurer, that the meddow in the townes hand 
may be disposed off. 

It was propownded that seing it doth apeare that both yonge 
oattle k hoggs doe goe vpp the neck way, and finding the gate 
shutt doe swime over k doe damadge, whether it was not nec- 
essarie therfore that a fence and gate be made crosse the way 
at Mr. Tutis comer, for preventing the same, k it was voted, 
that a strong fence k gate be made k kept at the townes 

Brother Andrewes acquajnted the court that he is now goe- 
ing to fence in his meddowe in the necke wherin the springs 
is, that therfore the towne would appoynt some to view what 
may be for the townes conveyniency, that it may be left out 4k 
he have allowance for it elswhere, k bro : Cooper was ap- 
poynted to doe it. 

It was ordered that the Necke be driven this aftemoone by 
bro : Oooper, and what cattle are fownd more then belonginge 
to them who have given in their names k quantises of land 
to the governor, shalbe pownded for breach of order. 

The Governo' acquaynted the court that bro : Andrewes 
had bin w'h liim & told him that hee thought it not convejrn- 
ient for him to keepe the ordynary any longer, then August 
next he cannot keepc it ; & therefore declares it now, that the 
towne might thinkc how to provide for another to doe it. 

Bro. Andrewes & Goodm" Meggs both came late to the 
court, but they made such excuses as the court accepted, & 
they were freed from the fine. 

Henry Morrall & bro. Lampson vpon their request had lib- 
erty to dept tlie court. 

Captayne Malbon propownded that the towne had bin ill 
provided of Serjeants, in regard that Serjeant Jefferys is abroad 
much by reason of hs occassions at sea, therfore whether the 
towne will not see cause to chuse another serjeant in his 
roome, and the rather seing Serj* Jeffreys hath earnestly 
desired it, as Leiut. Seely k Serj^ Mimson did testifie in court. 


The captayne also aflBrmed the same & that he was vnwilling 
to move for a change till that now he vnderstandeth Seij^ Jef- 
ferys purposeth to imploy himselfe more fully in sea affayres. 
W'^h being considered, bro : W™ Fowler was chosen serjt for 
the towne. 

Corporall Leavermore desired the court that he might be 
freed from the place of a corp", because he thought his neces- 
ary occassions would call him to goe for England, his desire 
was granted & bro. Joseph Nash was chosen corp^i to the 
towne companny. 

Goodman Wilmott propownded to the court that he might 
have the 24 acres of land w^h was Tho»n Fugils, at the foote 
of the West Rock, granted to him as land is given to other 
planters as inheritance, and he will give to the towne 3* a 
yeare till the 20^ be paid for the fine due from Tho«» Fugill, 
w^h fine the said Thomas ord^d to be paid out of this lands ; 
and the said Goodman Wilmott will fence it at his chardge. 
After much debate about it, the court saw cause to grant it to 
Goodman Wilmott vpon his desire, and so it was ordered. But 
seing it did appeare in court that the said Tho™ Fugill had 
N made over this land to one in the Bay for monny he owed, & 
that before he left it to the towne for their fine, therfore it is 
ordered, that if any one come & lay clayme of the land & 
recover it, that then what rent the said Goodm" Wilmott hath 
paid to the towne, they shall pay back agayne to h™. 
[186] II And further it was ordrcd that the said 24 acres of 
land shalbe soe laid out as Goodm° Wilmotts howse shall not 
stand vpon it, but neare to the side thereof, for the more con- 
veynient improvement of the said land, and what land he hath 
broken vpp without the 24 acres, he is to have the vse of it 
for this yeare. 

It is ordered that the measures and waights of greater or 
lesser quantity, w<^h men buy & sell by, shalbe brought into 
the meeting howse to be tryed, vpon the fift day come seaventh 
night, w<^li wilbe the 27'*» of this instant month, & whosoever 
shall faile hereof is to pay 12** fine & yet to fall vnder the 
gen* courts order for any vnrighteousnesse. 


ZM 9EW HATESf COLOJ^ BBOoms. [1647 

Vi^rwem ctiof$en for the eererall quarto's for this yeare ensew- 

For Mr. KaUm k Mr« Kalbons quarter, Mr. Francis New- 
man k Tho*" Kimljerly. 

For Mr. Newmans k Mr. Brownings q^tr : Bic^ Becklye and 

For Mr. Evancc quarter, John Meggs and Thomas Wheeler. 

For Mr. Wackmaiis quarter, Mr. Wackman k Tho* Os- 

For Mr. (irigHons quarter, Henry LindoU and Thomas 
Barn(5H, but Tho"» Welcli is to satisfie Tho"> Barnes for his 
paynoH, or cIh to pvido another. 

For Mr. Lambortons quarter, Mr. Jannes and W»» Preston. 

For tho Huburbs onn both sides the creeks, Mathew Cam- 
foibl A W'» Thompson. 

For tho OyKtcirsbolfcild, Francis Browne & Mathew Moul- 

For tho phvynos, W"» Davis and Adam Nicholls. 

For tho furnios on this side the East River, Joshua Atwat- 
tor & NV«» Tottor. 

It was ordored by the consent of the planters of Mr. Wack- 
n\j\ns nuurtor A* Mr. Kvauoo qu^or, that Jasp Crayne and 
Kraiwis NoNvman sliall cousidor of the fence in difierence 
Iviwixi ibonu A so oiul it if it may Ihx\ if not, to report back 
to tbo oouii airaiuo. Tbov arv^ also to consider of a like dif- 
iVivuvO botwixt Mr. Lamlvrlons quarter and the suburbs. 

\\ \\a> pivjsnN uvlovl whether all the towme but magistrats k 
<\\\\\\\\ v^tV\vVis vhvHilvi i\v^t watch a:ul trayne, but alter much 
do\ue i; N^a> \v>i^uevl w.tiU auv^ v.vur:, 

\V Vv.vlvNXvs v:viv\> v.vicsi tha: hliv.sol:V\ Jn^ Cooper k 
Ko' VvvvIn v,\.i;V.: V..;^o a v.vVn e:* l,*:;i lyciiic one the east 
N^xio. AN.^.-l ;Vv^ V'^^^' : ^o;\ vvu;ev:;:r.;: 11;" acres, which was 
iV\.v.x'l> \v^Vo,A\l ;s^ ;Vo ^,.'^^ vT Mr. \i£Vo:; Mr. Fran- 

> •- . --x 

■•^» ♦**Wk 

..-^ V A .V X. ^ X ;- ,v> >• " ^vc^'.,; i-,vci u»;* ij2:.rc*:'f>rsKC4 c- 


land SO farr off, & on the other side of the river, granted it to 
them, provided that a place be left next tlie great river and a 
conveynient way to it, that there may be liberty to bring any 
thing to or from the land beyond, if it shall come to bee im- 
proved, and further it is agreed y^ they shall pay rates for 
their 70 acres w^h was there first prop alottment, the 43 acres 
added being rate free. The bownds & lymitts of this necke 
of land is as following, y'uA. 

[The remainder of this page is blank,] 

[187] At a Ooubt held at Newhaven the fiest June 


Tho*" Kimberly alyenated one acre of meddow vnto Fran- 
cis Browne, w^'h meddow lyeth on the island in the East 
River, & on tlie side next Mr. Davenports farmc. 

Mr. Caffinch for late comminge one Lords day was fined 1». 

Ric^ Osborne haveing in a gen^ court chardged the watch- 
masters of this towne w<h sleeping all the night, & said he 
had rather watch for a watchm*^ for 6<* a night then for a 
watchm° for 12^ a night, w^h expressions were to the great 
offence of the watch-masters, and the case was then com- 
mended to the perticuler court to consider of Ric*» Osboms 
chardge, by the gen^ court then mett. The Gc^ informed 
Ric*» Osborne that he had, by his rash words, layd the watch- 
masters vnder vnfaithfulnesse in their trust. 

Ric*» Osborne said in his defence, that his answere was in 
the gen* court, that he could not clearly prove they slept all 
the night, & so desired to fall vnder his rash words. 

Ric^ Osborne added that in a perticuler his witnesse is 
absent wherby he should have proved a m^ to have slept, & in 
answere to a question put to him he said, hee did know of this 
case before he spake in court, w<^h was Mathew Camfeild, who 
being watchm', finding fault w^h some one of his watchmen, 
said he would not burden his conscience for any of them, but 
himselfe, after the watch was set forth, fell asleep, and then 


one of the watchmen said to him, doe you not burden yo' 
conscience w^h that, viz<>, sleepinge. 

Againe Richard Osborne complayned of Anthony Thomp- 
son, that the last night hee watched he fell asleep before the 
watch was sett forth, & he spake to Oeorg Smith of it, & he 
touched him wUi his sword & waked him, & that Luke Atkin- 
son told him, alas, poore man, he was asleepe. Bic^ Osborne 
was informed this was not his way, but tliat he should labour 
to see his owne evill & acknowledge it, and not indeavour to 
lessen his evill in this way of searcliing out somthing to hide 
his sine, as this of Antho: Thompson, if it should be true, 
would prove, espetially it being don since the last generall 
court, wherein he spake so slanderouslie of the watchmasters. 

The centence of the court was, tliat Ric*> Osborne should 
pay 40' fine to the towne, for his slanderous reproach layd on 
the watchmasters, w^h he was not able to make out or prove, 
and also that in a generall court he make a full acknowl- 
edgem^ of his sinne. 

Ric'* Osborne complayned of Antho. Thompson, that the last 
time he did watch he fell asleep before the watch was sett forth, 
and that he did speake to Gteo. Smith of it & then he, the 
said George Smith, did toucli him wUi his sword to wake him. 
Also he saith Luke Atkinson told li*", as they walked the 
rownds together, alas, poore man, he was asleepe, & his hat 
did lye vpon the grownd. 

Luke Atkinson informed the court that Ric** Osborne poynt- 
ed vnto him to bee an eye witnesse of the thinge, but it was 
before the watch was sett he thinks. 

Ric*^ Osborne herevpon said that Luke Atkinson in regard 
of tlie absence of one watchm^ (standing somtime sentinell in 
his behalfe) standing long & not being rcleived, went into the 
fier to warme him & fownd him asleepe, & that after he had 
stood sentinell awhile & come in, Antho. Thompson desired 
him to stand sentinell againe, w<^h shewed he had bin asleepe. 

The Go"^ asked Ric*> Osborne whether he could prove a sleepe 
in an vndue manner. 

Ric^ Osborne answered he thought he might take oath he 
was asleepe so long as a man might goe from the watch-howse 


to the meeting-howse, although neither of the other two 
chardge him w^h it, adding he had told Luke Atkinson that 
hee was disord^ly sleepinge. But Luk Atkinson saith he 
remembreth noe such thinge. But this case was thus left w^h 
the aprobation of the court & Richard Osbonis consent. 
[188] II Roger Knapp absent from squadron trayning y« 7**> 
Aprill & late vpon the Lords day 18'^ Aprill, he answered that 
for the squadron trayninge he had forgott it, & his wife being 
forth he stayed with the children ; & for that Lordsday, his 
wife his wife had bin sicke the Lordsday before, & she desiring 
now to goe to meeting, he stayed at home. He was fined 1" 
towards the squadron trayninge neglect & the other was 
passed by. 

John Nash hath sold his second devision of vpland w^h he 
had w^h Mr. Mansfeilds lott, viz^^ 11 acres, to Mathew Moul- 
thropp & 11 acres to George Smith. 

Peter Browne hath sold 2 acres 32 rodd of meddow to 
George Smith w<^h is all the pportion of meddow in the west 
meddow, & 5 acr. \ of vpland lyeing in the first devision of the 
suburbs quarter. 

George Smith aljenats 1 acre 16 pole of the forementioned 
meddow vnto Mathew Moulthropp. 

Peter Browne hath sold all his land in the Neck to Mr. 

Geo: Smith hath sold all his land in the Necke to Mr. 

Vincent Meggs was complayned off for not bringing his 
armes one shewing day and was late one Lords day, & was 
fined 6*. 

John Lawrenson complayned off for comminge late to wat<;h 
one night, for cominge late 2 Lords days. Mr. Malbon an- 
swered for h™ & said that one Lords day the cattle brake out 
of ye yard & ho foUoweing them to prevent damadge, because 
it was in the spring & then cattle were apt to be swampt, but 
he came & mett.y™ that walked the rownds in the m^'ket place, 
and at another time fell asleepe & outslept himselfe, fined for 
2 defects, 2«. 
Thomas Lampson absent from one squadron trayninge, hs 

818 NBW HAYKtr OOLOMY BB00BD8. [1647 

answere was that it fell a rayiiing & fhundring when he was at 
lott & he thought that would put by the trayninge, but the 
ocHup* exersised. He was fined 2* 6^. 

Jn9 Leavermore desired that his fine for contempt might be 
taken off, but the court, but y' court as yet see noe reason to 
move y™ to it. 

Samuell Hodkejs totally absent one trayning day answered 
he did want broad & wont to mill; this answer not satisfying 
the court, it was ordred that hee pay 5% the fine for totall 

At a QbnI Court held at Nbwhaven 5 July, 1647. 

It was desired that as men had formerly ingadged them- 
selues to contribut a portion of corne to the colledge, that the 
would not now be slacke in carrying it to the collector's, but 
that w^hin 7 or 8 dayes at farthest, these that are behind 
would pay, for its a service to Christ & may yeald pretious 
frut to y« coUonyes heraflfcer, being that the commission's have 
taken order that none should have the benifit of it but those 
that shall remaync in the country for the service of tlie same, 
the bringing in of w^h corno was ingadged by vote. 

It was now remembred that form' orders were made for the 
incouradgement of the sheapheard, but lately it is fownd that 
vppon some speeches that he hadd mett w'hall from some, 
he has entertayned thoughts to remove. Therfore it was de- 
sired that things might be so considered off, that the sheepe 
with himselfc might bee kept in this towne, for thereby much 
good may redound to the publicque. 

Herevpon it was ordred that the Necke, or so much of it as 
may be improved by the sheep, should from time to time be 
made vse of as a sheep pasture, & to that purpose it was fur- 
ther ordered that euery one who hath grownd in the neck 
should cleare his land, according to order from the committee 
to be chosen to treate wUi Goodman Smith, & consederation 
was had also about a penn to kecpe sheepe in, all w<^h w'h 
sundry other questions was comitted by this gen^^ court vnto 
those of the perticuler court, joyning to them elder Newman, 

1647] new" HAVEN COLONY RECORDS. 819 

bro. Myles, Mr. Tuttle, Mr. Caffinch, Mr. Gilbert, Mr. Waek- 
[189] man, || W™ Preston, bro: Camfeild and Goodman 
Johnson, as a committee vnto whom all questions conceminge 
the sheep buisinese is refFerred. 

In regard of a former order made concerninge the leaveing 
of some questions about a highway in Mr. Lambertons quar- 
ter, vnto bro. Wackman & bro. Antho. Thompson to issue, & 
their thoughts beinge that it will best, as they conceive, an- 
swere all the quarter if the highway runne through the midle 
of their lands. Goodm" Hitchcocke thinking his right too 
much to be intrenched vpon therby, besides some extreame 
inconveyniencjes to follow on him besides, the consideration & 
full determynation of all questions in that poynt was recom- 
mended vnto Mr. Malbon & Mr. Francis Newman, bro : Wack- 
man & bro. Thompson, and the quarters meetinge, and the 
said committee are to give notice when & where they will 
meete, & if any fayle of comminge, he shall pay 12^ fine for 
his defect in none appearance, & also shalbe bownd to stand 
vnto what those that meete doe conclude of in the case. 

Bro: Andrewes was desired that himselfe & some others 
formerly deputed, would againe view the west bridge, that all 
further damadge may be seasonably prevented and the worke 
as soone as may bee (thats to be don,) finished. 

It was ordred that in the orders about watching, theise 
words be added, (that euery watchm'^ must see & view the 
armes of every watchman that they be compleat,) w^h is but 
the exposition of the former order. 

It was propownded that men would cleare wood & stones 
from their pale sides, that the watchmen in darke nights might 
the more safely walke the rownds w'hout hurt thereby, & the 
orders about watching were read in court. 

Richard Osborne who had formerly given publicque ofFencfi 
by chardgeing the watchm^'s generally w^h disorderly sleepe- 
inge, neglect of their dutie in their trust committed to them, 
now made acknowledgement of his sinne in so chardgeing 
them, whereas he is not able to prove any such miscarriadge, 
& perliculerly, to justifie himselfe had called Antho : Thomp- 
son into the court, & had chardged Mathew Camfeild & Mr. 


Tutle w^h neglects or sleepeing dureiug the time they should 
have bin wakeing & attending their trust, w^h he was not able 
to prove against any of them, w^h did satisfie. 

Bro : Mitchell & Goodm" Daighton request the court to be- 
stow a peice of spare grownd vpon them which lay betweeiie 
their howse lotts, with promise to mayntayne the highway be- 
fore their dores or howselotts & stopp the currant that now 
spoyleth the way. And the grant of the land w'h a view of 
the conveyniency of it to the towne & them with the incon- 
veyniences that may attend Goodman Buckingham was reflFer- 
red vnto brother Ric^ Myles & bro: W*" Davis, & what they 
should doe therein the towne would allow of. The land to be 
devided in proportion to each as the committee see cause. 

It was ordred that the captayne w^h the rest of the mjlitary 
officers should sec one Jn° Jackson, servant to Mr. John 
Wackman, & judge whether he be meete for exersise and 
watchings, considering that he is purblynd. 

At a Court held at Newhaven this 6^^ July, 1647. 

The Governo^^ informed the court that it had bin above a 
twelue month since Mr. Thomas Trowbridges howse & land 
had bin sould vnto Mr. Evance, & that therfore he had desired 
Mr. Evance to come to the court, none of the monneyes being 
yet paid. 

Mr. Evance answered that he received the land for country 
pay & also he bought in it reffcrence to debts dew to him from 
some of the creditors, who owed h*" monnyes. 

The Go"^ told Mr. Evance that monnyes were due to the 
towne for the rates of y® land 10^ or vpwards, w<^h must bee 
paid. Mr. Evance promised to see that dischardged, only 
said if the debt were demaunded, he would hope the court 
would doc h'" the lik right, that he may have whats dew to 
him from others, w^h the court told him he should not fayle 
of. Wherevpon Ric^ Pery & Henry Gibbence were desired 
against tlie next court, to cleare the debts dew to them by 
good testimony. 


[190] II John Hall informed the court that Mr. Wilks for- 
merly of this towne had promised to give his wife tenn pownds 
if she should serve out her time w% him w^h she did. And 
to prove that promise brought first W™ Payne, who vpon oath 
affirmed, that the first time that he heard his M^ Wilks speake 
this was at Boston, on what grownds he knoweth not, that if 
his mayd would stay out her time, he would give her tenn 
pownds, & this hee heard him say often here before the ser- 
vants in the howse. 

Brigett Wilks vpon oath affirmed that she heard her vncle 
promise to give Goodye Hall ten pownds if shee served out 
her time. 

Sister Hall informed the court that she demaunded nothing 
of her mistris because her mistris told her her master would 
give hQr a portion. 

A difference betweene Mr. Francis Newman, Tho™ Mitchell 
and Goodman Dayton was presented to the court. Vpon the 
courts advize that 2 men might be chosen to end it, by con- 
sent Mr. Crayne & Goodman Myles wer chosen. 

Mr. Tho«» Pell haveing attatched about 200^ of Mr. Zellicks 
goods, Mr. Pell & Mr. John Evance entred themselues as 
security to the court for y© damadges. 

Ambrosse Sutton for comminge too late at watch was com- 
plajrned off^. But Mr. Crayne affirming day light was not in, 
& armes not viewed, nor the watch sett, it was passed by. 

Richard Osborne haveing satisfied the court & the watchm*'s 
concerning his wronging them, desired his fine might be taken 
off", but it was respitted. 

W°» Blayden being warned to the court and not appearing, 
it was accoimted a contempt. 

Brother David Atwater being absent from the watch one 
night was ordred to pay his fine. Also defective another time, . 
but he layeing the fault on the m' of the watch it was re- 

Mr. Henry Brunwin hath sould to Goodm^ W™ Judson, his 
dwelling howse, howse-lott, w h the orchard in it, & the barne 
that now is standing onn it, 37 acr of vpland w<^h is his first 
devizion w^hin 2 myle, w*h 7 acr. J. 24 rodd in the Necke, 21 



acr. of meddow, and 84 acres of ypland w<^h is his second devi»- 
ion, all his right in comons & oxe pasture & whateuer hereafter 
shalbee a privelidge to his lott, together w4i a bedstead and 
trundlebedd, a paire of vallance & a peice of blew damix, a 
malt-mill, a well buckett & chayne, two loads of clay brought 
hom, & the fence about the lott repayred, as ¥" a bill of sayle 
appeard p'sented in court. 

At a Court held at Nbwhaven Aug. 8^, 1647. 

W°^ Blayden warned for a contempt the last court, his an- 
swere was the could not not come because of the extreame 
payne he was vnder w<^h satisfied. 

Also he was complayned of for late comming 2 Lords dayes, 
one day he heard not tlie drume, and thother day he hayeing 
wett the day before in the evening it rayninge, & he not able 
to mak a fier to dry his clothes, was forced to lye abedd the 
Lords day. For these defects his answere was ynsatisfjring, & 
he fyned 2'. It was ordered that the next court he appeare 
to hold forth the sight of his sine in profanely neglecting to 
co"» to the ordynansos. 

Bro. Benham for his neglect in warninge David Atwater to 
watch was fined 5». 

Mrs. Turners man absent from the watch one night was 
complayned oun, Mrs. Turner did answere that she had 2 
oxen tooke hurt & were in danger to dye, & in attendance on 
them it proved the neglect of the watch, w<^h satisfyed the 

Mihill Palmer was complayned of for absence one night 
from the watch, he answered he had provided & agreed Ric*» 
Osborne to watch all the yeare for him. Ric^ Osborne denyed 
any such agrcem^ absolutlje made w^hout condicon, but he 
being ill could not attended as in former seasons he had, & 
when he gave Mihil Palmer notice he was ill, did his indeauor 
to have gotten one to have watched but could not, wherevpon 
it was passed by. 
[191] II Mr. Whitman, elder at Milford, alyenated his 


howseing, lands, & what right he either hath or may have 
hereafter in Newhaven, vnto Mr. John Bracey. 

Richard Osborne acknowledged that he had in a gennerall 
court chardged the m'^» of the watches w^h that he could not 
prove, nor was true in itselfe, & by what was said in court he 
was convinsed of his sinne, & haveing satisfied the masters of 
the watches in a gennerall court his fine vppon his intreaty 
was remitted. 

Mr. Jn® Bracey doth alyenat to Mr. Wackm° 21 acr. \ & 
20 rodd of meddow w^h lyeth in the west meddow, 10 acr^ 
beyond the river, w^hin the lynes of the quarter, & 11 ac. & 
20 rodd to be layd out in Solitary Cove or Mr. Malbons med- 
dow as its cast. 

Also 19 ac. J of vpland, lyeing beyond the West River in 
the first devizion. 

And 164 ac. w<^h is all his second devizion, w'h all the 
allotem*s & privelidges which shalbelong thereto. 

At a Court held at Newhaven the 7^*> Sept. 1647. 

Sister Preston presented her husbands will & the inventory 
of his estate to the court to be entred.* 

♦ " The will of WiUiam Preston, made July 9, 1647. 

" I William Preston, a member of the church of New Haven, being upon my death 
bed as I conceave, through the blessing of God have my understanding and memory 
perfect as in tymes past, doe make and ordayne this my last will and testament, in 
manner and forme followinge. 

" To Joseph Alsops wife, my daughter, I give 20», or if her husband be willing to 
take 8 acres of land, lying in first devision by the sea side, and build and dwell there, 
he may. But if hee intend not to dwell there, the 20* is all she can demande. My 
Bonn Edward, I give him in the same lott before mentioned three acres of ground, if 
my wife see it may be a benefit to him to further him his way according to God, or 
els 20* is all he can demand. To my sonne Danyell I give 20*, and John is to have 
20" when he comes to bee twenty yeares of adge ; and I give to my daughter Mary, 
20>, to be paid when she is nineteene years of age, and for the rest, where the time of 
payment is not mentioned, I leave it to my wife when she can conveniently pay it. 
As for Wm. Meakars wife, in that upon her mnrriadge and since I have given her is 
more than I can give to any of her brothers or sisters, yet I give her five shillings. As 
for the rest of my estate, which consists in house, lands and catties, moveable goods 
which I have here in New Haven, in New England, I give all to my wife for the 
bringing up of my children that God hath given mee by her, in consideration she was 
a means to bring mee and the rest to New England. I have an estate in Old Eng- 


W"» Blayden contemptuously neglecting to bring his armes 
one Lordsday, made it his excuse, that being wett the last day 
of the week, & his clothes being wett & not haveing means to 
dry them as he said, came not to the exersise that Lordsday. 
The truth appeareing to be noe other then a profeine neglect- 
ing, yea dispising the ordynances of Christ through sloathful- 
nesse, whercvpon the judgment of the court was that he be 
publicqucly whipped, as he is the first profanely breaking the 
Saboth, worshipping not God nor wayting for a blessing from 
him onn himselfe. 

Edward Parker being warned to the court for rates dew to 
the treasurer, some pt before he marryed the widdow, & some 
part since, Edw. Parker promjsed pay for what is dew since he 
marryed the widdow, in corne shortlye, & for that before John 
Potters death dew, it was respitted. 

W°» Pert was warned to the court for taking water-myllions 
one Lords day out of Mr. Hooks lott, & Mr. Hooke complayn- 
eth that he hath often bin abused this way, & since that time 
his orchard hath bin robd. 

W" Perts answere was that his M^ sent him into the quar- 
ter & to see whether there were any hoggs w%in the fence, & 
he was bidd by his M' to bring ho™ a watter-milion w*h bim, 
he being bidd to goc that way through Mr. Hooks lott, after 
the Saboth, he tooke 2 wattermihons, he said it was the first 


land, and for part of my house and land and other goods given by my father to my 
elder brother and myself, wherein a foefment of law calling to councell and left in the 
hands of two foefccs, namely, Mr. William Lawson and Mr. William Banke, to be kept 
in trust on our behalfe when wee should demand it, ourselves, hcires, execntors, admin- 
istrators or assignes, lying in Yorkeshire in a town called Giglesweke in Craven. This 
land and goods, what is of it, is to be devided into fouer parts, to be equally devided 
amongst the children I had by my former wife, as Daniell, Edward and John Preston, 
and my daughter Elizabeth, Sarah and Mary, and the fourth part I give to my wife, 
and for my son John, I leave him in the hands of Brotlier Roger Allen and Brother 
Thomas Munson, to place where they two shall thinke good to dispose of him, to such 
a calling, either by land or sea, as he shall like his calling and master. 

" To these former I set my hand, William Preston, as my owne act Witnesse 
Boger Allen, Thom. Munson." 

Wm. Preston Dr. to Zachry Whitman £10, to Mr. Malbon £0, 7, 8, to Joseph Alsop 
£0, 18, to Roger Alien £1, 6, to Bro: Wheeler £0, «, to Isaac Whitehead £0, 6, 8, to 
Wm. Russell £0, 1, 6, to Mrs. Lamberton £0, 8, 9, to John Chidsey £0, 9. 

Wm. Preston is Cr. dew from Mr. Allerton £0, 6, 9, ftrom John Clarke £0, 4, 10. 
Inventory taken 80th day of the 6th month 1647, by Mathew Gilbert, Jothoah At 
watter, lom £65, 15. 


act of his in this kind & hoped it should be the last. For his 
ynrighteousnesse & profannesse of his sperit & way, so soone 
thus to doe after the Saboth, he was to be publiquely corrected, 
although moderatly because his repentance did appeare. 

Mr. Francis Newman & Goodman Myles were desired by 
the court to vallew Mr. Turners estate. 

Tho°» Ceffinch his will was presented to the court, wherin 
Mr. John Ceffinch was made executor, but at the present he 
declared himselfe not free to accept of it. 

"At a Court held at Newhaven Tms 5**> October, 1647. 

Mr. John Bracy allyenats vnto Mr. Elitchell his house and* 
homelott, conteyning 2 acr. &, halfe, and 25 ac. of vpland, 
lyeing in Mr. Wackmans quarter next Mr. Wackmans land, 
and 5 ac. of meddow, be it more or lesse, lyeing at the end of 
Mr. Wackmans quarter in the west meddowes, & 9 acr. of 
vpland, be it more or lesse, lyeing in the neck w*h what 
comonag remained y» vnsold.f 

Mr. Bracey alienats to Mr. John Evance 5 ac. of meddow 
lyeing at the end of the Yorkshire quarter, in the west med- 

Mr. Bracey alyenats to Goodman Boykin 9 acr. 20 rodd of 
meddow, lyeing next Goodman Gibbs & Goodman Fowler in 
the west meddowes. 

[192] II Mr. Evance hath sold to W°> Potter 27 acr J of med- 
dow as it commeth to him in the towncs books, and it lyeth 
in the east meddow betweene Mr. Crayne & bro. Punderson, 
and 32 acr. of vpland belonging to it next to Mr. Gilberts 

Mr. Evance hath sold to Henry Gibbons 20 acr. J, 17 pole of 
the land formerly belonging to Mr. Trowbridge, w<^h is part of 
the first devizion of land lyeing one this side the West River; 
and 2 acr. of meddow in the west meddow lyeing next Mr. 
Allertons meddow. 

* These words [house and] mterlined by Mr. Newman, 
t The laat six words added by Mr. Kewman. 

826 NBW MAYm OOLONT BB0OBD8. p.647 

Mr. Eyance hafh sold to Aniho: Thompson 4 acr. 26 rodd 
of Mr. Trowbridges first devizion, lyeing on the west side. 

Mr. Evance hath sold to W°> Gibbons 2 ac. of Mr. Trow- 
bridges meddow next Mr. Allerton. 

Mr, Evance hath sold to Mr. Botherford 3 acr. of meddow. 

Mr. Evance hath sold to Jn9 Walker 3 acr. of the same 

Mr. Evance hath sold to Ric^ Osborne 3 acr. of the same 

Mr. Cef&nch chardged Hen. Whelply w*h driveing away a 
bullock of his long since, by w<^h means its lost. 

Henry Lions testimony vpon oath was read, wherin he te&r 
tifiefh that though they had indeauored to have driven back a 
beast of Mr. CelB&nches towards Newhaven, from Mr. Crayns 
penn onn the west side, they could not, but went w^h the 
cattle driven to Milford, & neere Mr. Tapps they parted Mr. 
Tapps cattle, & testifieth that Henry Whelply w^h the rest of 
hs cattle drove away a stray beast of Mr. Cef&nches, &c. 

Ooodm>^ Daighton saith that hee looking w^h others for Mr. 
Bernards cattle, & finding them with strange cattle, mett Mr. 
Orayne who told them they had neede looke to it what they did 
to drive away Strang cattle, for he had smarted for it, but being 
at Mr. Crayns penn on the west side, some Milford cattle went 
away & Mr. Cefiinches buUocke w% them, then he told Henry 
Whelply, he would not have any hand in driveinge away Strang 
cattle & so came away. But he further affirmeth that about 
3 weeks after he saw the same buUocke vnder the West Rocke. 

Mr. Knell informed the court that at the waterside at 
Poquanock ferry they did indeavour to have driven ouer their 
cattle, and then one ranne away but afterwards was fownd, 
and Mr. Caffinch doubting it had bin his bullocke had the 
sight of it & liked it not, and indead all of them proved Mr. 
Bernards. Goodm" Daighton testfied vpon oath what he had 
respectively testified. 

The centence of the court was that the damadges must fall 
vpon the playntiflFe, he being defective in proofe of hs chardge, 
and ordred to allow 5" to Henry Whelply besids the chardges 
of the court. 


Roger Knapp complayned of wronge don him by Mr. 
Ceffinches swine & monney dew to him, but could not get it, 
but by consent of both partjes. G. Judson & Mr. Wackman 
were chosen to arbitrate and end the difference. 

Qoodm" Johnson alienated 5 ac | of vpland to Ric*» Pery, 
w<^h was the 2<* pt of the first devizion belonging formi'ly to 
Dauid Yale. 

Phillip Galpin appeared on behalfe of his wife who should 
have bin corrected for her sinfuU folly in fornication, but now 
seing a barre was put in by God in her affrightm* so as her 
miscariadge would be hazarded, she being w^h child, if she 
were brought forth, as appeared vpon testimony from the mid- 
wife, she was fined 20", the court respecting m*'cy in her case. 

Ambrosse Sutton was warned to the court for giveing out a 
false report concerninge Margaret Cadwell, that she should 
goe out of her M' howse vnto Mr. Jn® Ceffinches when they 
were abedd, & that Joseph Guernsie & Eliz*^ Downinge went 
forth w*h her into the quarter to eate wattermjUions, about 
one aclock at night, & were fownd by the watch. But he 
added to her wronge, that they sent away Elizabeth Downinge 
least that Mr. Caffinch should wake, and they two went to- 
gether, & that Joseph Guernsie should say he could doe what 
he would with her. 

Ambrosse Sutton confesseth the thing is true,but feare hin- 
dred him at the Go'^ and hcaringe it would be denyed, he also 
denyed it against hs present light. Joseph Guernsie told him 
part of this, and Richard Lovell the other part. 
[193] II Ric*» Lovell said that Joseph Guernsie told him he 
had bin gathering watermjllions w^h Margeret, & sitting downe 
he fownd her plyable, he might have done what he would, but 
said nothing to h™ of the girles- being there or sent away. 

Joseph Guernsie denyed that he had told them soe as before 
exprest, but true he had told them somthinge, but he could 
not say soe of her. 

Ric*» Lovell and Ambrosse Sutton both testified that he had 
told them he could have don what he listed with her. 

Eliz* Downinge said she was by all the while & not sent 
away as its reported. 

MS nv SAW cauanr nooBiL [Mfr 

Tho* DoAetVliolnFed in Ibe Cunff v«h 
ed the eoort he had nerer weiie ao j li|^ ctrrfftdge in her. 

John Lavrenson told Mr. lUIhm he wms sort he kttd 
fpcAen at all of it, aeing that them that had aaid it did dcnny 

Joseph Gnernsie for his rajang a reproaeh Tpon MmrgueU 
CadweU k aftenrard Ijing in the thinge when he was ques- 
tiooed, for w«h he vas fined 40* to the mayd A 30* to die 

Ambrosse Sntton hearing this report spreads it to strangers, 
A hearing be is lik to be questioned about, sailh he will A doth 
denn J it before the magistrates, although it was witnessed by 
two to his face. He was fined 40" to the maid he wronged and 
20" to the towne. 

Richard Lorell was fined for his hearinge this fidse repwi 
Jk resdution to conoeale it finMu the cogniscanoe of the ma^a- 
tvate, 10« to the maide. 

Mr. John Ceffinch refussed to accept of the executorship to 
hs bro. Tho« estate. 

R. P. 1647. 

I Tlie remaioder of ttiis yoltune i« in the handwriting of Francis Newman. J 


[For the record of the General Court October 18, 1647, see pat p. 364«] 

[We learn from the Guilford Records that there was a Court of Magistrates held at 
New Haven, October 24, 1647.] 

[194] At a Courte held at Newhaven the 2^^ day op 

nouember, 1647. 

Sarauell Hogkines dissired that he might have his fine, or 
pt of it, taken of, w^h he was fined for gocing awaye from 
trayning in the afternoono w^houtc leave, but the courte sawe 
no cause to abate any pt therofe. 

Richard Myles being warned to bringo in an inventorie of 
Thomas Clarkes estate, informed the courte that Thomas 
Clarke only gave hime order to receive of Robert Emry 11' 
for a house and lott sould to the saide Robert, w^h 11' hee, 
the said Rich'^*' Myles hath received, but he knoweth of noth- 
ing of nothing' elc left heare as any part of Thomas Clarkes 

George Ward and Lawranc Warde plantiffs, declare against 
the company of marchants of Ncwhauen, viz*', Mr. Theophilus 
Eaton, now gouerner, Mr. Stephen Goodyeare, Mr. Richard 
Malbon, Mr. Thomas Grcgson. First, that the said company 
spake to them to make a suit of blockes for the great shipp. 
2*''y, that they spake to Mr. Lamberton to give them the de- 
mensioiis. 3^'y, that Mr. Lamberton did it. 4'ly, that these 
blockes were made by them the said Geo : and Lawranc Warde 
and deliuered in and received by Mr. Hart as the companyes 
agent. 5Uy, that for these blockes the marchants promised 
paye. B^'ly, for these blockes they the said Geo: and Law- 
ranc Warde haue received pt of ther paye. 

First Lawranc Warde saith that, mcetting Mr. Gregson and 
Mr. Lamberton together in Mr. Dauenports streete, Mr. Greg- 
son said to hime the said Lawranc, are yow aboute those 
blockes, (for Mr. Gregson had formerly bespoke the blockes,) 
Lawranc answered, I have spoke with my brother and wee are 
willing to goe on if wee agree, but wee must haue the demen- 
sions from yow. Mr. Gregson said, brother Lamberton will 
yow doe that, hee answered yea, Lawranc tould Mr. Gregson 



that Goodman Myles had spake somewhat to hime aboute them ; 
then Mr. Gregson said, what hath Goodman Myles to doe w*h 
them, the belonge to j^ rigging, doe they not brother Lamber- 
ton, he answered yea ; but Liftenant Seely can saye somewhat 
to this matter. 

Liutennant Seely affeirmcd that he could testifye nothing 
that Mr. Gregson did bespeake these blockes for the shipp, 
but Lawranc Warde asked hime, tlie said Leiutenant, on time 
to goe along w^h hime to Mr. Lambertons, accordingly he did 
goe w^h hime ; bee spake to Mr. Lamberton aboute paye for 
these blockes, Mr. Lamberton said he bespake them not for 
himeselfe, butt was sett on by the company and was their agent 
to give direction to haue them done. 

The Govemer answered that they the saide marchants were 
no company to any such purpose that what on did all did, but 
euery on acted for himeselfe and must answer for his owne 
doeings, but for himselfe in perticuler hee knew nothing of it, 
so saith Mr. Groodyere and Mr. Malbon, and Mr. Gregson being 
absent could not answer for himselfe. 

Further Lawranc Warde saith that Mr. Lamberton came a 
second time and bespake the blockeiS for the company as his 
brothers wife can testifye. Goodey Warde saith she remem- 
bred when Mr. Lamberton came downe he wished her husband 
and brother to goe on, for the marchants were willing to suit 
them wUi paye. She was asked if she knew whcithcr it were 
for these blockes or no, she answered she knew not. 

Lawranc Warde saith that Mr. Lamberton spake to them 
to make some moldes w^h they did and brought them to hime, 
and hee wrotte vpon them how many ther should be of a sort. 
That the marchants did receive them, hee, the said Lawranc 
Warde, proucs by his owne testimony and Mr. Harts hand, for 
he saith y' Mr. Malbon wished hime to deliucr them to Mr. 
Hart for them, and they did so, as Mr. Harts bill vndcr his 
owne hand will sliowe. Mr. Malbon saith he remembers it 
not, but if hee did it was to doe them a kindnesse, because 
they were to goe out of the towne and might not knowe where 
to laye them. 

Further Lawranc Warde saith that the feofifees, viz<^, Mr. 


Wakeman^ Mr. Attwatter, Mr. Crane and Goodman Myles can 
sayo something in this matter. 

Mr. Wakeman saith for the bargaine he can saye nothing, 
but a litle before Mr. Gregson went, some mottion was made 
to them the said feoffees to paye, w<^h was verey strange to 
them, and thervpon they mett at the gouemers w'h the mar- 
chants, Goodman Warde was there and aleadgcd his want of 
paye, the marchants conceived it belonged to the feoffees to 
paye, but they thought it belonged to the rigging and could 
not consent to paye any thing towards them. In that meetting 
many speeches pased betwixt Mr. Lamberton and Goodman 
Warde, and as the said Mr. Wakeman remembreth, Good- 
man Warde said Mr. Lamberton and Mr. Gregson acted w*h 
hime, and minded Mr. Gregson of that speech w'h hime in 
Mr. Dauenports streette. Mr. Gregson seemed not to remem- 
ber it, thoughe hee denyed it not, but said w'hall that hee did 
it as a servic to y« feoffees, these feoffees denyed y', thervpon 
Mr. Gregson seemed somewhat moved and said to the gou- 
erner, if they will not paye then I shall leaue my share, but 
then I will haue them in my or our custody and will bee payde 
before they passe. 

Richard Myles saith that Mr. Gregson said as hee vnderstood 
hime that hee should leaue inoughe heare to paye for the 
blockes and would take them into his owne custody and 
would bee satisfyed w^houte losse before they went, it was 
asked wheither it was vpon this ground that hee bespoke 
them, he said he could not tell. 

Mr. Attwatter saith hee can add nothing to what hath bine 

[195] II Mr. Crane said he tooke it vp that Mr. Gregson in- 
tended they should be payde for out of his owne estate, rather 
then the men should bee vnpayde. It was demaimded 
wheither Mr. Gregson in all these debates did saye or carye it 
as the companys agent, but they could not affeirm that, but 
Mr. Evanc said that Mr. Gregson ever denyed it. 

Lawranc Warde saith that his wife went to the gouerner for 
some cloth vpon this account, Goodey Myles being w^h her ; 
the gouerners answer was that hee had payde a some allreadie 


for her brother, w^h was as much, for any thing hee knew, as 
his pt came to. Goodey Myles saith she went w^h Gk)odey 
Ward to y« gouemers, she dissiered some cloth, he said hee 
had not but for his owne vse, but for his pt hee had payde as 
much as his p^ came to, it was asked if she knew vpon what 
account, she said no. Goodey Warde saith that the gouemer 
said he had payde as much as his share, but cannyt saye that 
is was as a debt to her husband. 

Tlie Grouerner answered, it is true Goodey Warde came to 
himo for some cloth, he tould her then, that for the blockes 
he had nothing to doe w^h them, nor did hee bespeake any, 
but if the feoffees would joyne, rather then they should bee 
vnpayde, hee would paye his pt; and for that he said hee had 
payde as much as his share, it was thus, Goodman Whelply 
threatening to put George Warde into y^* courte for a debte 
of 31 : 10* :, the governer wished hime first to gett a meeting 
of tlie feoffees to consider further of the blockes, others of 
them being from home, Mr. Crane only came, and w^h his 
consent the gouerner gave a note to Goodman Whelply for the 
3^- 10', and tooke the accquittanc in his owne and Mr. Cranes 
name, refusing vtterly to paye a penny but in a joynt way w^li 
tlie feofTccs. Tliis both Mr. Crane acknowledged and the 
acquittanc cleared. 

Further, Lawranc Warde saith that Mr. Goodycre sent for 
pt of these Uockes & made vse of them. Mr. Goodyere saith 
that Mr. Fowler sent to himo to gett him on blocke w*^h he 
wanttcd for his vcsscll ; he, the said Mr. Goodyere, tould them 
that came, he had no right more then another to them, yett the 
case being a case of ncccssitie, he acknowledgcth he sent for on 
blocke, and Mr. Fowler promised to deliuer such another for 
it, for he had spoke to Goodman Ward for some. 

Captainc Astwood propounded that seing the case was diffi- 
culte, ther wanting full evidenc on the plantiifs pt to cast the 
cause against the defendants, and yett it was fitt the poore 
men should bee payde for ther labour, that therfore the 
m^'chn^s and the feoffees, by consent, would joyntly put the 
whole case to a refcrenc w^h the plantiflFs. The marchants 
expressed themselues willing, and the feoflFees answered, that 


as feoffes they knew not wheither they had power to doe it, 
but being searched into and it appearing they had, they ex- 
pressed themselues willing allso, and bothe the Wards expres- 
sed themselues very willing. The matter being thus muttu- 
ally agreed they chose ther men, the marchants chose Cap- 
taine Astwood, the Wards Mr. Disbrowe, the feoflFees Mr. 
Davenport ; so the suit being stoped, the cause was reflfered to 
these 3, or any 2 of them to isue, by the consent of all pties. 

Mr. William Westerhouso dissires of the courtc, (Mr. John 
Evanc being his interpreter,) that the three Duch men w^h 
are prissoners at this time, maye haue ther libbertie, and he 
and Mr. Samuell Goodanhouse will bee boimd in a bond of a 
thousand Holland gildcres for ther appcaranc. 

Answer was returned them from the court, that if the said 
Mr. William and Mr. Samuell would enter a recognesanc of 
a thousand gilderes, that these three men w^h are prissoners, 
all and every on of them shall bo forthcoming att the courts 
call, they shall haue ther libbertie, and the said Mr. William 
and Mr. Samuell being both present, said they would bee so 
bound, whervpon the marshall had order from the courte, 
that before Mr. Evanc he should deliucr the three prissoners to 

Further, Mr. William Wcstcrhouse, (Mr. Evanc inter- 
preter,) dissiercd the courte to grant him an arest vpon that 
money w^h is in Mr. Goody ores hand, to be payde to y© Duch 
gouerne^*, vpon the consideration of his shipp being taken 
awaye ; the courte answered that ther was a fixed estate stoode 
ingadged for that money, and vnless a fixed estate can be put 
in for securetie to such a vallew as maye bearc all damadge 
w^]\ maye arise by such an arest, it cannot be granted. 

Mr. Pery passeth over 35 ac" of vpland to John Clarke and 
Samuell Whithead, lying on end butting vpon the necke 
highway, the other end butting vpon the mill highwaye, be- 

* For the ship called the Zwoll, which the authorities of Fort Amsterdam had sold, 
Sept 21, to Mr. Goodyear, and contracted to deliver at New Haven. Under pretext 
of conveying the craft in safety, they put soldiers on board, and by their means 
seized Mr. Westerhuyzcns ship, the St Bcninio, and carried it to New Amsterdam. 
O'Callaghan, N. N. il. 48. 

SM nnr katbi couar wmoamm. [16fT 

tvixt the land of Wflfiftm Tutdll and the land of Frm: 

Mr. Pery pasetli OTer to Bichard Holl^ 10 ac* and halfe of 
▼pland, w«h 1 jes neare the mill, w^hin the two mjle. 
[196] yMr. Perr passeth ooer to M"« Turner 14 ac^' and 
a halfe of meddow, lying in the east meddowe, w«h is all that 
proportion w«h did belonge to his owne proper lott. 

Mr. Perjr passeth ooertoTlMnnas Monson, 16 ac'' of ypland, 
w«h is on halfe of the second devisnon of land w«h belonged 
to that lott w«h was old M^*' Eattons, lying on the other sd of 
die West Rirer, behind the Yorkesheir quarter. 

Hee passeth orer 16 ac^' more of the same land, lying in 
the same place, to Thomas Moris. 

Mr. PeU being warned to the oourte to answer for some 
ill retnmes he sent to the generall oourte when they sent to 
hime for his wives fine, w^h, as the goueme' toold hime, 
rather held forth a contempt of the coorte then otherwise, hee 
aaid he thought it not his debte, but it was tould him his wines 
debts were his ; he said, the court cannot take what is mine. 
The goueme' said y« courte must consider that, he said it was 
a new thing to hime, he heard not of it, it was tould hime 
tliat was not likely, but hoc must know of it, scing it was done 
in open courte, ])ut if he had come to the court and giren a 
fairo answer, something might have bine considered, but he 
said he dissiercd to consider of it. The court gave hime a 
moneths time, and if he dissiered a copic of the proceedings 
of the courte, lie might have it, payeing the secretarie for 
wrighting of it. 

The 16^'* of the 9'*» monetli, William Andrewes jun' was 
called ])cfore the goucrncr, magistrats and deputies for the 
townc, and tlicn was cliargcd for the sinn of drunkennese 
the last wceke, wh thing he did not dcney but confessed as 
hee needcs must, ther being severall wittnesses w<^h sawe it ; 
as Jolni Clarke, John Walker, his master Mr. Evanc ; this fact 
was considered. The gouerner tould hime he was sorey he 
was come l>cfore the courte againe for this miscariadge, seing 
he had bine fined one allreadie, either for drunkennese or 
drinking and the cause of others being drunke, that now the 


coiirte must thinke of some other waye of pimisbment, seing 
it seemes to bee a sinn rooted iii him. 

The court considering these things sawe cause to agree that 
he should receive corporall punishment by whipping, for that 
was the proper pimishment for such brutish sinns, but be- 
cause he was to goe awaye suddenly in his masters shipp, 
(maye be this night,) therfore the courte agreed that 5^ be 
depossitted as a fine laide vpon hime, for w<^h 5^ his master 
Mr. Evanc did vndertake, that bee at his returne he maye be 
brought forth to the courte againe, and vpon good testimony 
of his good cariage and behauiour the courte will consider of it. 

Att a Courte the 7'*» day op December 1647. 

The will of Nathaniel Draper* was deliuered into the courte 
by William Russill, for Phillip Gal pin, and being read was 
deliuered to the secretarie to be recorded, w^h the testimony 
of Arthur Branuch and a bill from Mr. Leach of the wages 
due to the deceased Nathaniel Drapr, w^h is to be p^ by Mr. 

The goucrner acquainted the court that he heard that An- 
thony, the neager, his servant, gott some strongc watter, and 
hee hoard that hec was druuke, therfore, because it was openly 
knownc, he thought it necessarie the matter should bee heard 
in the courte, whereas, had it bine kcept w'hin the compase 
of his owne family, he might have given him family correction 
for it. 

Anthony saith ho did goe to Mr. Evanc his house for some 
suger, and Mathew, his neager, asked hime to drhike, he did 
not refuse it, Mr. Evanc his neager poucrcd somewhat out of a 

* " Will of Nathaniel Draper made the 25th of the 2 » month 1467." 

Gives to Phillip Galpine ; all of the tobacco I have aboard of the barke Faulcon. 

Said PhiUip to receive all his wages due to him from Thomas Pell for 'his service in 

this barke. — Acquits Elias Parkman of a bill of £3. 6. 4. except 20" that he gives to 

Henry Rotherford. Witness, Arthur Branch. 
Affidavit of Arthur Branch before Mr. Edward Hopkins at Seabrooke the 1*^ of 

November 1647, that he witnessed the above will aboard the barke Faulcon, of New 

Haven, then riding near Bikatan in Virginia. 


ninlett and gaue it hime and went awaye, and he dninke, 
not knowing what it was, and after hee had drunke hee was 
light in his head after hee came abroade. 

Mr. Evanc his neager saith, Anthony coming to their house 
he asked hime to drinke and poured out some strong watter 
w^h was in the bottome of a runlett into a pint pott and 
drunke to hime. It was asked hime, how many times Anthony 
drunke, hee said but one, but as hee conceiveth, at one hee 
dranke aboute the quantetie of 2 wine glasses. It was asked 
hime wheither he gaue it hime for beare, or tould him what 
it was, or wheither Anthony knew it was stronge watter, he 
said he could not tell. 

The courte considering that it is the first time they haue 
heard any thing of Anthony this waye, and possibelly he might 
not know what he drunke till afterwardes, it being given him 
in such a vessell as is vsed to drinke beare out of, and hope- 
ing it will bee a warning to hime for time to come, thought 
it fitt and agreed not to inflict any pubhque corporall punish- 
ment for this time, but as the gouerners zeale and faitlifullues 
hath appeared, (not conniving at siun in his owne family,) 
80 tliey leauc it to hime to give that correction w^li hee in his 
wisdome shall judge mcete. 

[197] II M""'* Turner dcliucrcd into tlio courte an invontorie 
of the estate left by her deceased husband, Mr. Nathaniel 
Turner*, w<^li was read and deliuered to tlic secrctaric to bee 

jlris Turner and Mr. Pery chose Mr. Gibbard and Francis 
Newman to beare and end some diflFercnc betwixt them 
aboute the payeing in of some pease, w^-h Mrs. Turner was to 
paye in to Mr. Pery for some meddowe she bought of hime. 

♦ "An inventorio of the estate of Mr. Nathaniel Turner." Amount, £457. 7. 8. 
prised the 8=* day of the lOih month, 1647, by Francis Newman and Richard Miles. 

Debtors, Thomas Moekes, £14. Samuel Uodgkins £5. Thomas Knowlos £0. 18. 
Mrs. Gregson £1. 2. John Benham £0., 2. Benjamin Wilhnot £0. 9. Thomas Pell, 
William Andrewes for 8 hides. 

The estate of Mr. Nathaniel Turner is debtor 

To Mrs. Higginsons estate £28. 7. to Mr. Malbon £7. 9. to Mr. Gilbert £1. 10. to 

Roger Allen £1. 7. to Mr. Pery £7. 18. 6. to Mr. Allerton for wages to servant* £2. 

to Mrs. StollioQ £0. 12. 


Uris Turner declared to the courte that she conceives her 
husband made a will and left all hee had to her dispose, as 
two of her daughters can testifye the same. Rebecka Turner 
saith, that when her father was to goe awaye, her mother dig- 
siered hime to make a will, but hee answered that hee would 
make no will, but hee judged her faithfuU and had found her 
faithfuU, therfore left all to her and wished her to bee good to 
the chilldren, and wished the chilldren to beare wittness. Abi- 
gaile Turner testifyeth the same. 

Mr. Evanc declared to the courte that he had taken out an 
attachment for some goodes of Mr. Godfereyes, to the vallew 
of 41, but because he was to goe awaye and he was lothe to put 
hime to trouble, it was by his order only sorued vpon on hogs- 
head of pease, he, the said Mr. Evanc, being content to take 
some debtes of his hear for the rest, if it might be made goode, 
but now some of those debtes seeme not to bee good, and the 
hogshead of pease is required by his order to carye to the Bar- 
badoes. The court tould hime that Mr. Godfery is not heare to 
answer for himselfe, nor can any in the court answer for hime, 
but the attachment being for the hogshead of pease, if Mr. 
Evanc put in securetie to answer the damadge, he maye dispose 
of them, and ilr. Evanc promised to put in securetie. 

Steven Reekes, master of a vessell that came from the Bar- 
badoes, was called before the court to answer for some mis- 
cariadges of his on the Saboth daye, viz*^ : — that he, the said 
Steven, did, contrary to the law of God and of this place, 
halle vp his shipp to or towardes the neckc bridge vpon the 
Sabothe, which is a laboure proper for the six dayes, and not 
to be vndcrtaken on the Lords day. Mr. Reekes answered 
that their shipp layc on ground and had not flotted some 
dayes before, but that day the winde coming vp at the south- 
east, brought in a great tide, and then she flotted, and that all y« 
company did was but to keepe her of from runing on the banke 
or driving vpon her ancor, the shipp hauing neuer a boatc to 
carie another ancor forth. Hee was toold they should have 
provided for that before, for it is y® duty of all men to remem- 
ber the Saboth, and to provide so beforehand that nothing maye 
disturbe them vpon the Saboth, vnlesse it bee in cases of 



mercy or workes of such necessitie as could not be proyided 
for the day before nor staye till the day after. 

Mr. Larebe, a seaman belonging to the Phenix, was called 
before the courte, to answer to some miscariadges of his vpon 
the same Saboth, viz^, that he, w^h some other company, went 
aboard the Phcuix, and did worke not proper for that day, as 
hailing of the vesscll, and emptying some stones out of a can- 
now to help them in tliat servic. Mr. Larebe replied, that hee 
conceived the worke was a worke of charitie, to preserve the 
vessell that it miglit not perish, for their was some danger of 
her ouer-setting ; besid, Mr. Pery came to hime himeselfe,and 
saide it was fitt some bodye should goe downe. Mr. Malbon 
saith that Mr. Pery was at his house, and he was speakeing of 
solne danger the vessell might bee in, whervpon he wished 
his Sonne Pery to goo to Mr. Davenport and aske his advise. 
Hee did, and Mr. Davenport tould hime hee should leave it to 
Gods providence, the Saboth was a day of rest, and therfore 
bee ought to rest. Then Mr. Malbon wished hime to give 
order that nothingo should bee done, w^h hee did, only on 
might goe downe and see what state the vessell was in, but 
that nothing, w'hout apparent necessitie, be done to her, yett 
Mr. Larcbc, wUi diueres others, went and wrought, contrary to 
the lawe for the Saboth. 

The courtc considered bothc these cases and finde them to l>e 
much alike, and considering the persons, that they are stran- 
gers, and thinking they did not doe it out of contempt, but 
ignorantly, they agi-ccd for this time, (that they acknowledg- 
ing ther failings, and promising amendment for time to come,) 
to passe it by, but if any of our owne take libbertie heareby, 
the sentenc will bee heavier on them. 

Abraham Bell pascth ouer to Jobe Halle his whoUe lott w<^h 
was given hime })y the towne. 

Mr. Rudderforde passeth ouer to William Ives 4 ac" 1 
quarter and 30 rode of vpland, of the first devission, w^hin 
the 2 myle, lying on the further side of the West River, on 
both sides of a pec of lande called the club, on end abutting 
vpon the west meddowe. 
[196 6w] Theophilus Higenson passeth ouer to Christopher 


Todd his house and homo lott in Newhaven, containing ^ 
lying betwixt the lott now William Judsons, and Mr. Tenches ; 
wMi 8 ac" and a halfc lying in the third devisson of that 
quarter, w'hin the 2 myle, on end abutting vpon the plaines, 
w^h is the cow pastuor, betwixt the land of ^ 

And 24 ac" of land, if he haue so much, lying in the Necke, 
by the fenc side w^h goes downe to the meddow. On pec of 
meddowe lying next the 24 acers of land, lying for 5 ac" and 
a halfe, bee it more or lesse, w^h is all the meddowe Mr. Hig- 
enson hath remaining to himselfe at present ; and 20 ac*^" of 
land on the other side the West River, w^h is to lye amounge 
the smalle lotts. 

ilr. Gibbard and Francis Newman were chossen in courte 
by Mr. Caffinch and his brother Samuell, to heare, and if they 
can, isue some diflFerenc betwixt them, aboute some land w<^h 
is to bee devided betwixt them. 

James Hayward entreth againest William Wooden an action 
of defamation, & declare th that the saide William Wooden, 
hauinge bine in the Baye and returned home heither to New- 
haven, hath reportted divercs things of hime, of his cariadge 
in the Baye, w^h are not true, but scandalous, and to his 
great wronge. As that he, the saide James, went'aboutc w*h 
many lyes and vntruethcs, and gocing aboute to clcare mat- 
teres concerninge a maide there, hec made them much worse. 
He saide hee had discovered himselfe to bee very false harted, 
and was perswaded he should ncuer be received into the church 
againe, but if all was known y^ he knew, they couldc not but 
banish hime oute of the cuntrye, and that hee had discovered 
a base frame of spirit when they lined at Captaine Turners 
together, w^h things hee dissiered the saide William might 
bee called to answer for. 

William Wooden, being called to answer, saith, the things 
hee spake he heard Goodey Pery, mother of the maide whome 
James should have had, speake, oncly hee dcnyeth that hee 
saide if all were knownc that Jiee knewe, hee deserved banish 
ment, but his wordes were, if all were true that he had heard. 
Richard Sparkes testifyeth vpon oath, that he heard William 
Wooden saye, that James Haywarde was hoUowe harted, and 


dealt basely w^h hime at Gaptaine Turners, and that he went 
downe into the Baye to cleare matters and made them worse, 
and if all knew that he knew, he would bee banished. And 
aboute Mr. Noris, that James gott a letter written, makeing 
Mr. Noris beleiue he gaue the woman and maide satisfi&ction, 
when hee did beleive ther was no such thing; and that James 
saido a man could not haue a pare of shooes at Newhauen 
vnder 6*, readie siluer ; and that ho caried lyes from henc to 
the Baye, and brought lyes from thenc heither, and that this 
was on of the basest places he euer came in. 

Beniamen Hill saith, he heard William Wooden saye James 
was hollowe harted, and if the church knew that hee heard, 
he would not bee received againe, and that he would bee ban- 
ished if all was true he heard, (or they knew as much as hee,) 
and that he dealt basely w^h hime at Gaptaine Turners, as in 
the margcnt. 

John Mascalle saith, that hee goeing into the Baye, went to 
Gtoodey Perys, the maids mother James should haue had, she 
asked hime howe James did, he said he thought bad inoughe, 
for he was cast out of the chuirch, she said for what, he said 
for being drimke, she and her daughter said ho was much 
given that waye when hee was there. They said they thought 
to come heither, but James discouradged them, and this pas- 
adgc she read in a letter, that they could not haue a pare of 
showos hear vnder G", readie silver, nor diett vnder 5* G^ a 
wceke, and that there was hardly any imployment for men. 
Aboute her daughter she saide, he gaue her no satisfaction, 
but went to Mr. Noris and w^h colouging wordes gott a letter. 

The court considering the premises, and seing ther is a 
letter spoken of w^h Goodey Pery hath of James his wrighting, 
in w^h, wheither ther be any thing to discover further guile 
in James, or any thing further to cleare the matter in hand, 
they are not yett cleare ; therfore, the courte thinkes fitt to 
respitte it, only this they judge, that William Wooden hath 
spread these thhigs in a defaming waye, and therfore must bee 
bound to attende the courte when they call for hime. Ther- 
fore it was propounded to James, if lie was willing to respite 
it, he saide yea, so William putt in securetie ; therfore the 


cotirte ordered that William putt in securetie. After a small 
space of time, James Hayward sertifyed the courte that he had 
receiued securetie of William Wooden for his appearanc, till 
the first of March next. 

The inventorie of the estate of Mr. Thomas Gregson de- 
ceased, was deliuered into the courte, and being viewed, was 
deliuered to the secretarie to be recorded.* 

Vpon a request from M»"»« Lamberton, ther is a monethes 
time given her to bring into the courte an inventorie of the 
estate her husband left. 

[197 6w] II Harvie declareth, that aboute a yeare agoe he 
propounded some t^rmes to Mr. Pell aboute some beavor, that 
is to saye, if Mr. Pell would procure hime beavor, he would 
deliuer hime 20 or 30^ worthe of goodes into his hand, and it 
should remaine till shipps returned againe from England the 
next yeare, whervpon they came to some tcrmes of agreement, 
first they bargained for a cowe, then for hoggs. For the 
CO we he promised beavor wUiout exception, her pric was 6^ 
For the hoggs hce would not absolutly ingadge himselfe for 
beavor, but if the bargainc went on, if hee payde not in beavor 
hearc, he would paye in England, but if beavor came in, he 
should bee payde in that Jieare. And sine that time, Mr. Pell 
tould the saide Goodman Harvie, he had beavor for hime, and 
he being at Mr. Pells house, when his barke came from Dela- 
ware Baye, the beavor then coming into his house, he said he 
had not sent his barke theither but for beavor for hime, and 
he said he thought he had gott so much as would paye hime ; 
but not longe after he, the said Goodman Harvie, came to re- 
ceive it, Mr. Pell said hce had it not, nor was hee ingadged to 

* '* An inventorie of the estate of Mr. Tliomas Gregson, taken the 2nd of the 9th 
month, 1647." Real estate £246. Personal estate £225, 19, 6. Debts £18, 7. Total 
£490, 6, 6, signed Mathew Gilbert, Richard Miles. 

The estate is Cr. to Phillip Lecke £1, 7, to Burwood of Stratford £1, 6, to Adam 
Nicolls £1, 5, to an adventure in the Susan to Barbadoes £14, 2, to John Gregory 

The estate is Dr. to Mr. Stephen Goodyeare £6, to Mr. John Evance £8, 6, to 
Henry Lindolle £6, 6, 2i, to the townc for rates £0, 7, 8, to the partable acco. of Mr. 
Stephen Goodyere and Mr. William Hawkines £40, 7, 2i, to Mr. Davenport, £8, 4, to 
Mrs. Lamberton £3, 2, 11, to Mr. Malbon £2, 7, to Edward Wiggles wortlie £10, 6, to 
Thomas Wheeler £1, 16, 5, to Mr. Butler £36, 4, 9, to Mr. Ling £10, to Mrs. Turner 
£1, 6, to several in smaller sums £1, 10, total £126, 3, t. 


paye beavor^ and bide hime^ the said plantiffe, prove that he 
was to give a bill for England. The plantiffe asked hime 
what paye he was to have, he said if he had gon to England, 
he would have given hime a bill. Mr. Attwatter saith, he 
heard Mr. Pell saye, if Goodman Harvie had gcme himeselfe 
ft>r England, he would haue given hime a bill out of curtesye. 

Mr. Evanc saith, he heard Mr. Poll saye, he was to provide 
beavor for Qoodman Harvie, but in refferenc to the bargaine 
he can saye nothinge. 

Mr. Pell answered, that for the cowe he did acknowledg 
beavor, but for the hoggs the trueth is, Goodman Harvie vrged 
hime to take them, he denyed it many times, but when hee 
brought them and tliey wore killed, he then demaunded 
beavor or bills for England, at w<^h Mr. Pell saith he wonder- 
ed, and denyed it, but, as a frend in curtesy, promised to doe 
what hee could, but no pertickular paye was expressed in tlie 

Goodman Harvie saith he first made a punctiall bargaine 
before he brought his hoggs, that is to saye, 6^ in beavor for a 
cowe, and porke at 8^ the pound, to the vallew of twenty 
pounds in beavor, or a bill for England, for some wampomc he 
left at his house. Mr. Pell said it laye by as he brought it, 
and so lie should haue it againe. 

Mr. Pell obicctcd against on of the hoggs w^h was miscUed, 
w«h Goodman Harvie was willing to let goe at 2^ a pound, 
w<5h hogge waide about ^ 

Mr. Pell was asked wheither he had any more to saye, he 
said no, then the court proceeded to censure, })ut being devided 
in the)* apprehensions, would not isuc it at that time, but after 
by an appeale by Goodman Harvie it was })rought before the 
generall courte for the jurisdiction which then was sitting 
at Ncwhaucn, and they, hauing heard the case, did inclme 
to perswade the plantiffe and defendant to isue it themselues, 
so Goodman Harvie propounded to Mr. Pell, that if he would 
paye for the cowe presently in beavor, and for the hoggs in 
good marchantable beavor at 8' the pound in June next, he 
would be content to staye, Mr. Pell giveing hime good secure- 
tie for it. This oflFer Mr. Pell accepted, so that the case isued 


thus ; what is in Mr. Pells booke, as a just debte due to hime 
by Goodman Harvie, is to be deducted out of the debte for the 
cowe and porke ; 2^^ p ^ is to be allowed for the miselled hogge, 
for the rest of the porke 3*^, p ^, and what remaines vpon this 
debte, the cowe being payde for in beavor presently, he is to 
haue in June next, in good marchantable beavor, at 8» p ^ 

The Grouemer tould Mr. Pell he was warned to bringe in 
the inventorie of his wives estate, left by her former husband ; 
he said he could not, because accounts was not nor coulde not 
yett be made vp, but he was tould he must bring it in as farr 
as it can goe ; he dissiered time till the next court and he 
would doe it, and it was granted hime. 

Mr. Pell was asked for his wiues fine, he dissiered more lib- 
ertie to consider of it, the courte tould hime they conceived 
thcr was forbearanc inoughe allreadic, but yett they granted 
hime libbertie till the next monthly courte. 

Mr. Evanc, for M^^'^ Lambcrton, dcclareth, that Mr. Pell, 
possesing the estate of Mr. Francis Brewster, by mariage of his 
wife, is debto*^ to M"» Lamberton, 46h 06": 02^, as appcares 
vpon account in M"^'* Lambertons booke. 

Mr. Pell said Mr. Brewster left behinde hime a bill of his 
debts, in w<^h isi Mr. Lamberton 3^ in his debte, beside they 
wear ptners in some goodes they bought together, but those 
accounts for ought he knowes are lost. 

Mr. Evanc saith it is true that ther was a ptable account 
betwixt them, w^\\, as is conceived, was isued betwixt them 
before they went henc, beside this proper acc<» now demaund- 
ed, and for that he ofiercd proofe, first by Rogger Allen, whoe 
had pt of those goodes w^h were ptable betwixt them. 

Rogger Allen testifyeth vpon oathe, that he bought some 
iorn and coales of Mr. Lamberton, m w<^h he conceiveth Mr. 
Brewster had part, and thinkes he had some of them before 
they were emptyed. Mr. Lambcrton sent for hime, and tould 
hime if he would take them together, he would gaine but a 
litle by them, ho bought about 20^ worth of them, and was to 
paye in wheat. A little before the shipp went, Mr. Lamber- 
ton and Mr. Brewster demanded it, and Mr. Brewster thought 
much it was not payde, but this deponent could not gitt it in 


time, and therfore tould hime he would allowe whateaer 
damadge hee susteined for want of due pajement, so they had 
[198] a meeting aboute the acco at Mr. Lambertons, || and 
they appointed fliis deponent to come, whoe was ther as he 
cooeives, more then one or twic, at last the reckoning was 
agreed, and they together demaunded damadge for 10*, not 
payde in time, and they had it, so wee isued. After this time, 
Mr. Brewster spake no more for the wheat, thoughe he had 
bine very earnest for it before, nor did he, after this, offer the 
remaining pt of the coales, thoughe before he had, but this 
deponent conceiveth that that day they went awaye, he was at 
Mr. Lambertons, and vpon speech of the debtc, Mr. Lambcrton 
tould hime he must paye it to his wife, for so it is agreed, 
saide hee, in makeing vp our accounts, and for the rest of the 
coales, saide hee, I would faine haue the take them, and I will 
take paye for them in England, of yo' father. 

M'»« Linge testifyeth that they being to by some things of 
Mr. Brewster, they dissiered Mr. Lamberton to paye hime, 
w«h he sayd he would doe, but they hearing Mr. Brewster 
complaining of the badness of the paye of this place, fearing 
least it should be offencive to hime, they went and payd hime 
themselues in mault, and after, told Mr. Lamberton they had 
satisfy ed hime for those things he was to paye for for them, 
Mr. Lamberton said he was sorie, for he had accounted wUi 
Mr. Brewster, and Mr. Brewster was in his debte. 

Mr. Evanc further, to prouc the proper debte, (beside the 
booke vnder Mr. Lambertons hand produced in courte,) 
offered the testimony of Phillip Leake, and of Mary ^ , 
w<^h was Mr. Lambertons servant. 

Phillip Lecke testifyeth vpon oath, that Mr. Lamberton and 
Mr. Brewster being at his house, as he takes it that day cap- 
taine Turner went aboard to goc awaye, he heard Mr. Lam- 
berton saye Mr. Brewster owed hime 45^, and he heard Mr. 
Brewster make no replie against it. 

Mary ^ , saith that the Lords day at night, ))efore 
her master went awaye, hauing sate vp late to cast vp the 
accounts, she heard hime saye that Mr. Brewster owed hime 
46*, beside the cordadge. 


Mr. Pell obiected against some coate beavor at 12" p *, w<^h 
was brought to 10», and against some turtle shells at 8% w*^h 
was allso brought to T" : Q^ p ^, and ther was halfe a quarter of 
beefe, y« waight not knowne, w<^h was rated at 10% so that the 
debte is brought to 44^, 17% 08<J. 

Mr. Evanc was asked if he had any more to saye, he an- 
swered, for the cordadge and stufe, he conceived it is cleared 
to the courte, for the stufe was returned and the cordadge en- 
tered vpon acc<». The ptablc acC* he conceive th is cleared by 
Rogger Allen and M^i" Linge, and the proper ace" by Phillip 
Leeke and Mary ^ . And by the booke w^h is pro- 

Mr. Pell was asked if he had any more to saye, he spake of 
the cordadge, and passadg of a maid, and some wine ; he was 
told that what appeared to be justly due to hime must be 

Bothe pties hauing had libbertie to saye as much as the 
would to the case, the courte proceeded to judgment, w^-h is 
this ; that they judge that the ptable ace" was cleared, and for 
the debte demaimded of Mr. Pell by M*^'* Lamberton, 44' : 
17«: 08*^, hath bine proved, and must be payde to M^'^^ Lam- 
berton by Mr. Pell, provided, that what dcbtcs Mr. Pell makes 
appearc to be oweing to hime, must be deducted. 

Richard Beech dissiercd of the courte that he might, till 
further order, retaine in his hands the estate of AVilliam lies, 
deceased ; but he being not fitted to give in sufRcient secure- 
tie, it was respited till another courte. 

John Meges declareth that at two severall times or agree- 
ments, he bargained with Ilenery Gregory of Stratford to 
make 14 dosson of shooes, and was to give hime 12^ a pare for 
makeing them, carying them to hime readie cutt out. That 
he payde 48» of this before hand, and 6' more he was to haue 
when he had done halfe the worke. He was to doe it well and 
sufficiently. That Goodman Gregory hath made 13 dosson of 
them, but they are all naught and fall in peces, some in a 
weeke, some in 14 dayes time, so that the plantifTe is damadged 
both in his name and estate. In his name, bothe at Connecti- 
cote. Long Island, Totoket, Guilford, Stratford, Farefeild, they 



all cry out, and some tliinke the plantiffe worthy to bo putt 
in prissou. And by rcasson of it he further saith, he hatha 
lane forced to breake ingadgments w^h Mr. Evauc, whoc 
should haue received 30^ worth of this ware, and he turned it 
l)acke as vnraarchan table, and what damadge will come fur- 
ther, he knoweth not. Beside it hath hindered hime in his 
trade to his great damadge, he being on that deales w*h many 
people, they haue shuned to by any ware of hime. The plan- 
tiffe further saith that Goodman Gregory hath not onely made 
the ware badely, but hath spoylcd the leather by layeing them 
[199] in the sand || that some of them are rotten, they were 
ptly couered wMiin and wUiout, and the pttye that fetched 
them was faine to washe them to make them cleane. Further 
he hath altered the propertie of the ware, for whereas he 
should haue made some wooden heelcs, and had wherw*hall 
to doe it, he made them plaine, and by that is Mr. Evanc dis- 
apointed allso ; and some of them he hath made a size shorter 
then he should, and some of the 9, marked them w^h the 10. 
He complained for a last I sent hime one, yett he made them 
as he did before. Lastly the plantiffe saith, it is to his hin- 
dranc that he hath laide out this money so longe before hand. 
Ilenery Gregory, the deffendant, saith, that he received a 
hide from John Meges at 48' pric, for which hide he was to 
make hime 4 dosson of shooes w^h came to 48^ ; pt of this he 
did before the other bargaine, and he sawe the ware and ac- 
cepted it, and Mr. Evanc tooke it as currant and good, but it 
proved not so. The plantiffe seing this ware, agreed for the 
rest, but hee, this deffendant, before the agreement, told the 
plantiffe he would make no more of such leather. The plan- 
tiffe promised bothe better leatlier, and to i)rocuro hempe fi-oni 
Connecticote to sow the sliowes wUi, but did not performe ac- 
cordingly, so that the deffendant was forced to buy flax at 18<* 
j)^, and sowed them wUi flax. The plantiffe bringing more 
worke, the deffendant saith he told hime the bargaine was to 
carye away that was done, he said it laye better then he could 
laye it, so left some of it till the S^^ or 4*** of Nouember. The 
deffendant minded hime of his promise to bringe better leather, 
& told hime, this is as bad or worse then the first, that if he 


had not better leather he would doe no more, and added, it is 
pittie but the tanner should bo hanged w^h tanned it, for he 
cossens the cuntrye, but he said it was not the tanners fault 
alltogethcr, he the plantiffe was faine because of Mr. Evanc his 
hast, to take it out when neither the tanner nor himselfe could 
tell wheither it was tanned inoughe or no. The defifendant 
dissiered to haue hemp, the plantifife said that thred would 
last as longe as the leather ; so this defifendant went on and 
did the worke, all but on dosson, but he neglected to fetch 
them awaye. Some leather the plantifife, or some for hime, 
left at Moses Wheelers, w^h his wife tooke vp & rent the 
graine from the flesh, and some of the leather is to be scene 
in the towne at Mr. Evanc his house. The defendant saith 
further y^ he tooke out y® best pare of shooes he could picke 
out of the first 4 dosson ; Mr. Blackmails sonn had them, and 
in a short time they tare out in the whole leather. For make- 
ing the showes lesse then they were cutt out, it was because 
they were marked by hime more then they would reach, for 
some w^h was to be made vp of y® tens, would not reach a 
nynes last, but would teare, they were so little and the leather 
so bad. And for markeing them longer then they were made, 
it was because he sent me word that I should marke them as 
he had marked them ; and secondly, he sent me a last of the 
tenns, w<^h was not of y^ teiins. The defifendant further saith, 
that he lost 15 weekes time by the negligenc of Jolm Meges, 
for want of worke, contrary to agreement, as appeares in the 
wrighting. And for makeing the wooden liceles shooes other- 
wise then hee appointed, it was because the defifendant was 
faine to take tfiose rands to make welts for the plaine shooes. 
For this the court blamed hime, telling hime he should have 
forborne makeing them till he had bine supplycd w^h matteri- 
alls, but Goodman Meges saith he sent welts w4i all the shooes 
he sent. 

The plantifife and defifendant liauing spooken, wittneses 
were called and examined. 

Jonathan Sargant testifycth vpon oath, taken before the 
gouerncr, the 22^*» of October 1G47, that he buying a pai-e of 
russitt shooes, clossed in the inside at the side seamcs, of Good- 


man Megs, ho wore thorn at the first 2 or 3 times to a neigh- 
bours house, but did not, that he knowes, then wett the soales 
of them ; secondly he wore them one at the meeting, being 
aboute 40 rode ; S^^x he wore them one more to the meeting ; 
that night he walked downe to y« watter side, aboute 60 rod 
from his house, and then he brought home y*' soales of on of 
his shooes in his hand, and the other lose, readie to fall of; 
then he gott them sowed againe, and wore them now and then, 
but not constantly, for a weeke or a fortnight, then the insofdes 
and outsoales and all fell from the yper leather ; he cannot 
remember that he wore them any more then this. 

Thomas Whitcwaye dothe testifye vpon oath, that he bought 
a pare of russit shooes of Goodman Meges of Newhauen, 
closscd in the inside at the side seames ; ho wore them 3 or 4 
dayes and then the out soales ripped, then ho sowed them 
againe and wore them 3 or 4 dayes more, and tlie insoales, 
welts and all came of, then he sowed them together againe, 
and shortly after the vpper leather, seames, heeles and sides 
ripped, so as that they would not hange vpon his feete, the 
yper leathers being not broken, nor the out soales so much as 
broken at the toes, insomuch that this deponent said, he thought 
it was fitt Goodman Megs should be putt in ])risson for so 
coussining tlie cuntcry, and he doth expect sattisfaction from 
Goodman Megcs. 

[200] II John Parmcle of Guilford tcstifyetli v{K)n oath, 
taken ))eforc ;Mi\ Disbrowc, the first of Noucmber, 1647, that 
he )>ought a pare of shooes w^h came from Goodman Meges of 
Ncwhauen, russet, closscd in the insides at the side seames, and 
that wearing them but dayes, or 7 dayes at the moste, tlic 
soales ripped from the vper leathers. 

SamucU Netclton of Totokett doth testifye vpon oathe, 
taken before the gouerner, the 4^^ day of Noucmber 1047, 
that ho bought a pare of shooes of Goodman Meges of New- 
haven, russed, clossod in the inside at the side seames, for his 
wife, she put them on on the Lords day, and the next third 
day morning they wcare ripped, the soales l)eing good, neither 
shrankc nor hornic that I could perceive. And he allso testi- 


fyed that for and in consideration of satisfaction fjpom Good- 
man Megs, he expecteth a new pare. 

Marke Meges testifyeth vpon oath, taken before the gouer- 
ner, the 16^^ of Noiiember 1647, that he being at Stratford to 
fetch home the shoocs that were made by Henry Gregory for 
Jno Meges, he found [the shooes lying in the sand, many of 
them bemg ptly couered w^h the sand, bothe w^hin and w^h- 
oute, so that he was forced to take awaye the sand with his 
hands to come at them, and handed them to Ralphe Loines, 
whoe handed them to old Gregory, whoe washed them in wat- 
ter to wash awaye the sand and filthe from them. Allso he 
testifyeth that ho seing the old man worke w^h a very great 
aiile and a small thred, w^h very litle wax, blamed hime for 
it. That at that time they left some behinde that were not 

Other testimonies were dcliuered in wrighting to the courte 
to the same purpose, but not vpon oathe. 

Goodman Gregory pleaded that it was the badncse of the 
leather w*^h was the cause of the shooes ripping and falling 
apeces, for the leather was hornie and not tanned. The court 
bad Goodman Gregory prove that. 

Mr. Evanc saith that being at Mr. Blackemans, they had 
speech of these shoocs. M'''^ Blackman said that after 2 or 3 
daycs wcreing, the leather was like flaps of a shoulder of 
mutton ; and Mr. Evanc further saith that he sold shooes of 
these to a ptie himsclfc, and the leather was so bad that the 
ptie would not have them. 

Mr. Blackman saith that his sonn had a pare of shooes of 
these, w*^h he thinkcs lasted not aboue 3 weekes, then they 
broke in tlie whole leather, and another pare of shooes 
mended for another of his sonns w^h some of that leather, 
w^h in on dayes wcreing, being wett, was spoyled. 

Juda Gregory testifyeth vpon oath, that he looked vpon pt 
of the leather w^h his father was to worke of Goodman 
Meges, and some of it was so hornie that according to his 
judgment, no man could make shooes to pase his word on 
them to hold. Allso shooes so tainted, thoughe they might 
seeme to be tanned, yet they would not hold that a man was 


able to justifye himselfe or the leather in it. AUso that his 
father complained to hime, this deponent, and himselfe sawe 
shooes of tlie tenns marked for eleuens, that by a size he could 
not sowe them either for credite to himselfe or proffitt to the 
cuntery. AUso that Goodman Royes showed hime shooes ho 
made for Gk>odman Meges and he could not last them, but 
was faine to sett them on a last a size shorter then Goodman 
Meges would haue them made. AUso that Goodman Meges 
would have had this deponent wrought, but he sawe the lether 
80 bad that if he neuer wrought more he would not worke it, 
in regard of the vncomfortablnese to worke, because it was 
hornie, and so Utle that it would not come together, and be- 
cause it would be a wronge to the cuntery. Further he saith 
that Goodman Royes told hime that he complained to Good- 
man Meges of cutting his shooes so litle, lie stranged at it, but 
Royes told hime he lost by cutting his scales so bige and his 
vper leather so litle, but Goodman Meges said he did not vsc 
to doe so. For the lying of the shooes in the sand, this de- 
ponent saith ho tooke a jkjcU, pare by pare, from the place 
where those laye that Marke Meges fetched away, and they 
layc, in his aprehension, wMiout any damadge, wUiout any 
sand in any pare that he coulde disccrne, thoughc he cannot 
sayc tlicy were the same pccU that Markc Meges fetched 
awayc, tbougho it was aboute that time. 
[201] II Moses AVhcclcr tcstifycth vpon oath, taken before 
Captainc Astwoodc, the 30^*» of Nouembcr 1()47, that Good- 
man Mcgcs his man left some leather at his house for Good- 
man Gregory, and the next day his wife tooke vp some of it 
in her hand and said she thought it was tainted, and puUing 
it )>etwccnc her hands it did teare wUi ease, and this he lieard 
A sawe. Further he saith he heard Goodman Gregory saye 
at on time, (but wheither at y^ time before mentioned he can- 
not tell,) that he was sickc of that leather, and that lie should 
neuer have credit of it for his worke, nor they profitt that 
should weare it, and further he saith, that he speaking w'h 
Goodman Gregory aboute a pare of shooes, he answered it 
was not fitt to were in tbis cuntery, for it was to be caryed out 
of the cuntery, and that he durst not pase his word vi)on it. 


The wife of William Orooker testifyetli vpon oathe, taken 
before Captaine Astwoodo, the 80^*» of Nouembcr 1647, that 
when Goodman Megcs came for the shooes, he sawe them lye 
vpon a sandye bench in the scllar, and he said he liked the 
lying of them very well, saying to her father hacould not layc 
them better. And her father finding fault with the horny- 
nessc of the leather, that the flax would not hold it, Good- 
man Meges answered that the next weeke he would goe to 
Connecticote and gett himc hempe, but he said he thought 
the flax would last as longe as that leather, but after Goodman 
Meges was gon, and delaied to fetch awaye the shooes, her 
father wiped them w4i a cloth, and tooke some clapbords and 
otlier things, and laide vnder them. And further she saith, 
her father blamed the tanner for the leather not being well 
tanned, Goodman Meges answei'cd he could not blame the 
tanner so much, for he was faine to take it oute before it was 
tanned. She saith further, she sawe it teare in peces when 
her father put it vpon the last, and on shooe her father was 
faine to pece on the side. 

The court having heard these thuigs on bothe sides did 
thinke there was a fault in bothe, and that the cuntery was 
much wronged in this waye, thcrfore they were willing to call 
in some workemen, bothe shoemakers and tanners, that they 
might see it and judge whose the fault was, and so give into 
the courte what light they coulde. To this ppose, some of 
the shooes thus made was brought from Mr. Evanc, w«^h were 
some of the best of them, and the court called and dissiered 
Leivtenant Seely, Goodman Dayton, Goodman Groue of Mill- 
ford, shoemakers, and Goodman Osborn and Seriant Jeficry, 
tanners, to take those shooes aside and vciwe them well, and 
if thcr be cause, ripe some of them, that they maye give into 
the courte according to ther best light, the cause of this 
damadge. They did so, and returned this answer, Leivtenant 
speaking in the name of the rest. Wee aprehend this, that 
the leather is very bad, not tanned, nor fitt to be sold for ser- 
vicablc leather, but it wrongs the cuntry, nor can a man make 
good worke of a great deale of it. And wee find the worke- 
manship bad allso, first ther is not suflScient stufe put in the 


tliTcd, and instead of hemp it is flax, and the stichos are two 
louge, and the thrcds not drawiie home, and thcr wants wax 
on the thred, the aule is to bige for the tlired. We ordinarily 
put in 7 threds, and hear is but 5 ; so that according to our 
best light wee laye tho cause hothe vpon the workemanship 
and tho hadnessG of tho leather, 

Goodman Gregory, vpo this testimony, seemed to lie con- 
vinced that ho had not done his pt, hut then laidc the fault on 
Goodman Meges, that he was tho more slight in it Uiourongh 
liis incouradgmcut, whoe said to liime flap them vp, they are 
to goo farr inoughe. 

William Hooko jun^ tcstifyeth vpon oath, that ho clearly 
romcmhreth (Joodman Gregory was makeing 2 pare of shooes 
in Ihtiir shopp, Goodman Sieges camo in iu the mcauc time, 
and ho said to Goodman Gregory, flajip ttiom vp together, 
Uiey are to goo farr inoughe. 

John Grcgorio testifyeth vpon oatlie, that Goodman Meges 
said, flapp tliom vp togetlier, they am to goo faiT inoughe, this 
was aboiitc tlio begiung of the last liai'gaine, w^h was for Uie 
10 dosson. 

Cotieerniiifi llie l-'i weekes time, Wli Goodman Gregory 
demauuds damadgo for, that is to saye, from July to Noiicm- 
ber, it did appeare by Goodwifo Megcs licr testimony in court, 
that she, from hor husband, told Goodman Gregory at the 
fairc in September, that her husband was discoiiradged to 
send hime any more workc because liis workc was naught, 
thoughe hoc liad more workc readie cutt out. 

John Gregory saitli, that aboute the time of tlie bargiune ho 
gaue Goodman Meges some cautions, because his father was 
old and his eyesight failed hime, and he durst not imploye 
hime himeselfe, for he could not doe as lie had done. 

Mr. Evanc was asked the cause why he turned the shooes 
vpon Goodman Meges his hand, he said the maine reasson was 
the baduesse of the leather, thoughe he allso excepted against 
the workemanship. 

Goodman Meges was called to propound liis damadge, he 
instanced first in his name, 2^h damadge to Mr. Evanc, 3'"i 


his ware being turned vpon his hand, 4<^iy hindranc in his 
trade, 5*^^y money payde severall men for satisfaction. 
[202] II The plantiffe and defifendant professing, vpon the 
courts demaund,that they had no more to saye, and the courte 
considering the case as it had bine presented^ debated and 
proved, found them bothe faultie. Goodman Gregory had 
transgresed rules of righteousnes, both in refiferenc to the 
cuntery and to Goodman Meges, thoughe his fault to Good- 
man Meges is the more excuseable, because of that iiicourage- 
ment Goodman Meges gaue hime to ))e slight in his workeman- 
shipp, thoughe he should not have taken any incouragement 
to doe evill, should haue complained to some magistrate, and 
not have wrought such leather in such a manner into shooes, 
by w^h the cuntery, or whosoeuer wen res them, must be 
deceived. But the greater fault and guilt lyes vpon John 
Meges for putting such vntanncd, horny, vnservicable leather 
into shooes, & for incouragcing Goodman Gregory to slight 
workemanshipp, vpon a motive that the shooes were to goe farr 
inoughe, as if rules of righteousnes reached not other places 
& cuntryes. 

The Court proceeded to sentenc, and ordrcd Goodman 
Meges to payc 10^ as 'a fine to the jurisdiction, wUi satisfaction 
to every pcrticuler person, as damadgc shall be required and 
proved. And further the court ordered that none of the faul- 
tie shooes be carycd out of the jurisdiction, to deceive men, 
the shooes deserving rather to be burnt tlien sould if ther 
had bine a lawe to that purpose ; yett in the jurisdiction they 
maye be sould, but then only as deccitfuU ware, and the buyer 
maye knowc them to be such. They ordered allso Goodman 
Gregory, for his sliglit, faultie workmanshipp and fellowshipp 
in the deccipt, to paye 5^ as a fine to the jurisdiction, and to 
payc the charges of the courte, and that he require notliing 
of Goodman Meges for his lose of time in this worke, wheither 
it were more or lesse ; and the court thought themselues speed- 
ily called and seriously to consider how these deceipts maye be, 
for time to come, prevented or duely punished. 



A Oenerall Goubt thb 18^i> op Ociobbb 1647. 

Mr. Wakeman, Francis Newman were choBsen deputies lb 
the jurisdiction generall courte. 

Mr. Gibbard, Mr. Crane, Jn<> Qibbs, Francis Newman choe- 
sen deputies for the plantation courte of Newhaven. 

Francis Newman chossen secretarie for Newhaven for y* 
next yeare. 

Thomas Eimberlie chossen marshall for the next year for 
the towne of Newhaven. 

Brother Pery had libbertie to depart the courte, to goe 
aboate the Phenix. 

The Qouemer one againe dissiered that the colledg come, 
w<^h is yett behinde of the last yeare, might be caryed in to 
the collector'* ; hee allso propounded that seing corne is now 
more plentifull then in the sumer, that therfore now collector* 
might be chossen to gather it for the next yeare, but it was 
respited to another courte, that so the former collecto'" might 
finish their worke. 

The Gouemer, magistrats and deputies, w^h Mr. Evanc and 
Mr. Wakeman, were chossen to audite the treasurers accounts 
for the year past. 

John Brockett was chossen veiwer for the fenc of Mr. Lam- 
bertons quartr, wUi Henery Leudall for this pt of the yeare 
ensuing, in the roome of William Preston deceased. 

Mr. Evanc made a propossition to the courte that seamen 
might be freed from watching and trayning, and gaue in the 
names of sundry into the courte, but seing it is now neare win- 
ter, wherin watchings and traynings cease in their ordinarie 
course, the courte thought fitt therfore to respite it for this 

Mr. Evanc had libertic to depart the courte. 

The Gouerner acquainted the courte that vpon notice of 
the generall courts order to staye the Duch shipp* w<^h was 

* Tliis was the St. BeniniO; which the Dutch, claiming to be a smuggler, by a strat- 
agem seized and cut out of the harbour, on a Sunday, and carried to Now Amster- 
dam, where the vessell and cargo were confiscated. 0*Gallaghan, N. Netherlands, ii, 
45. Brodhead, i, 479. Bee. U. Col. wb anno 1648. 


seized and caryed out of this harboure by the Duch, the Duch 
gouerner hath sent a letter and a protest against Newhaven 
for it, professing he will have controversie only w*h Newhauen, 
and rcquiers us to send the three prissoners and the Duch 
marchants and their goods, to them to the Mannatoes, w% 
some threatening speeches if wee doe not. He acquainted 
the courte allso w^h the answer* he had sent, as allso w^h 
another letter since received by the fiscalle, more milde in 
phrase, but still continewing his title to the place, and send- 
ing for the prissoners ; but seing he wrights so that if the 
sending of them maye be interpreted as done in a waye of 
subordination, it was not thought fitt to send them. Tlie gou- 
erner therfore dissiered the courte to consider what shall bo 
done. Further, the 3 Duchmen w<^h dissier to be planters, 
viz^, Mr. William Westerhouse, Mr. Sam: Goodanliouse, Mr. 
Henery ^ dissire to knowe wheither the towne vdll 
protect them or no, that they maye knowe howe to dispose of 
themselues. Further, he propounded to the courts considera- 
tion, how safe it maye be for vessells to pase by the Mannar 
toes till these questions be cleared, and wheither wee be not 
called to make some slight workes, and plant some gunns for 
the townes present dcfenc against small vessells, w^h w^h ther 
gunns maye possiblely hurt the towne if no provission be made 
to kecpe them of. 

[203] IJThe things being many, the courte agreed that a 
committe be chossen to consider & proceed thcrin as they see 
cause, and by the gcnerall consent and vote, the pticulr courte 
for Newhaven, calling to them Mr. Evanc, Mr. Wakeman and 
Leivtenant Seely, had full power granted to them to consult, 
consider and conclude, bothe concerning receiving and pro- 
tecting the Duchmen, w^li all matters aboute fortify cation, the 
place and manner, w^h all other things thcrto belonging. 
It is ordered that this October rate bee forthw^i payde. 

'^ Appendix, B. C. D. 


A Courts the 4*** day op January 1647. 

Mr. Pell, Mrs. Lamberton, Francis Hall, John Tompson, 
Mathias Hitclicockc, Richard Beech, being all warned season- 
ably, made no appearauc, tlioughe the court satt a good space 
of time. The court gave order that they should be warned 
to the next courte, to answer for this ueglecte. 

A Generall Courte the Sl^** op January 1647. 

The orders of the Jurisdiction Generall Courte were pub- 
lished and yix)n the gouemers proposition the courte chose 
Leiy tenant Seely and Robert Preston to veiwe and seale leather 
according to the tennour of that order, to whom an oath was 
given that they should, according to the best light they haue, 
discharge the trust committed to them }u sealing leather, 
according to the jurisdiction generall courts order. And 
farther, tliis courte ordered that calues skines, deares skines, 
goats skines, w^'h are fully tanned, should be sealed, (seing 
they mayc serve well for vpcr leather for some shooes,) and 
that the rate of sealing be 4** a hide, and 2<* a skinc, and that 
the scale for the l)cst, w*-h is fully tanned, l)e N: G: and for 
that w<^h is faultie, N F: and, if the sealers be both in 
towne, they are to ))c together when they seale, but in case on 
of them is out of towne, or otherwayes justly hindred, then 
on of them maye seale notwUistanding, and the scalers, for 
the better informing themselues wheither the hides or skines 
be fully tanned or no, haue lil)ertie to cutt them in such 
places as they see meete, provided they make not spoyle of y« 

And seing the shooemakers haue libertie to make shooes, 
not onely of neats leather, but the vper leathers of some of 
calues leather, or deares, or goates, being fully tanned and 
sealed, and seing ther is great differenc in the goodnesse of 
these shooes, that the buyer be not deceived, the court 
ordered that every shoemaker in this towne marke all those 
shooes he makes of neats leather, before he sell tliem, w^h an 


N : vpon the lap w^hiiiside, bclowe the place where they be 
tyed, and for failing hearin, they shall suffer such punishment 
as the perticuler courte shall judge meete. 

It was propounded to the shooemakers, that seing hides are 
now neare as cheape as ordinarily they are in England, that 
shooes miglit be sould more reasonable then they have bine, 
and the shooemakers promised they would consider of it. 

The gouerner acquainted the courte that those whome tliey 
appointed to audite the treasurer's accounts have done it, and 
see cause to propound to the court that a new rate be now 
granted, for defraying necessisary charges for the towne, and to 
paye the rate levied vpon the towne for the jurisdiction ; and 
after some debate the courte ordered that next Aprill rate and 
on halfe yeares rate extraordinarie be fortliw'h payde. 

The 4 deputies were chosen by the court to joyne wUi the 
treasurer in setting out publiquc workes to be done for the 
towne, to see that they maye be don substantially, and w'h as 
litle charge to the towne as maye be, and they are to call 
in what workemen they please for advise. 

The bridge above the brickills in the way to Connecticote is 
to be caryed on wUi as much speed as maye be. 

It was propounded to consideration wheither it l)e fitt for 
the towne to allowc 8^ a ycare to the dnmier ; the court and 
the military ofiicers were dissiered to speake wUi tlie drumer, 
and see if his soUaric might not be lesse. 

William Andrewes was dissiered to take care that the meet- 
ing-house dorcs maye be made safe, in hanging them w'h such 
irones and such lockes and bolts as they may be stronge and 
secure, and that the floure above might be laid forth w4i. 

It was propounded to the court, that seeing William An- 
drewes, whoe hath kept the ordinarie, is aboute, or hath laide 
it downe, that therfore some other might be found to doe it, 
tliat so strangers might knowe wheither to goe to be refreshed, 
but the court againe propounded it to William Andrewes to 
see if he would not still keepe it, he answered he would con- 
sider of it and in a short time give in his answer to the mag- 

Those that were behinde in payement of their colledge come 


858 mm hatbi OMunnr saooBn. |1647 

were dissiered to cane it in to the seTerall collector*. C!ol- 
lecto>^' chossen to gather the colledge come for tfab yeare, are 
Anthony Tompson and Bogger Allen. 

John Gregory propounded to the coortey that a good while 
sine their was a pare of shooes spake of in couite w^h he 
sould William Paine, of the tenns, French fidls, at 5" 1<H, at 
w«h their was some offenc taken, and he condemes Jiimoftlfft 
that he hath lett it lye so longe vncleared, but now he pre- 
sented a noat in courte w<^h showed the perticulers howe tiiey 
did amount to so much, vnder two shooemakers hands, but 
the court professed they could not see cause shooes should be 
sould at this rate. 

[204] II It was propounded to the courte to consider wheither 
it were not meete to make a lawe for restraining of persons 
finom their ordinarie outward imployments vpon any pt of the 
Saboth, and the rather because some hare of late taken two 
much libertie that way, and have bine called to answer for it in 
the perticuler courte. The courte considering that it is their 
duty to doe the best they can that the lawe of God maye be 
strictly observed, did therfore order that whoesoeuer shall, 
w^hin this plantation, breake the Saboth by doeing any of 
their ordinarie outward occaisons, from sun sett to sunn sett, 
either vpon the land or vpon the waiter, extraordiuarie cases 
workes of mercy and necessetie being excepttcd, he shall bee 
counted an offender, and shall suffer such punishment as the 
perticuler courte shall judge meete, according to the nature of 
his offenc. 

It is ordered that no man shall fall any tree or trees w'hin 
the boundes of the common of this towne, w'hout leaue from 
some magistrate, and then he shall haue but for his perticuler 
trade or necessarie vsc, and haueing cut it downe, iff he doe 
not make vse of it w'hin the compase of 14 dayes it shall be 
forfeite to hime that shall come to the magistrate and aske & 
have leaue for it. 

It was propounded that a causwaye might be made from 
Mr. Perys corner to the meeting-house, but it was respited. 



Richard Chadwell haveing had an attachment vpon three 
hogsheads of snger of Robrt Persons, and claimes a right in 
his house and other estate, to make good the transportation of 
what goods Richard Chadwell is to haue from Sandwich and 
some other demaundes, in w<^h things he craved the help of 
the courte. 

The courte tould hime they maye not trye and issue a cause 
of such valew, it must be reffered to the courte of magistrats, 
but they will see that the goodes attached maye be secured 
and preserved from damadge as much as maye be ; and ther- 
fore gave order, that the suger bee vciwed and put into the 
tresurers hand and sould to y« best advantage, and the pro- 
ceed so kept safe for the best proofe Mr. Chadwell can bringe, 
and what goodes elc ther is of Robert Persons, it is to be 
brought to the treasurer, that so the estate maye be preserved 
from losse as much as maye be. 

Mr. Pell, attumye for Mr. Edmund Leach, entcreth an 
action against the estate of Robert Persons for a debte of 18* 
4» 0**, w^h arise th thus, 15* 14», he conceaveth due vpon a 
pcell of goodes the said Robert received of Mr. Leach, and 2* 
10* due for fraight, w^h makes 18* 4% w«h he thus indeav- 
oured to prove. Robert Person received of Mr. Leach goods, 
to the vallew of 61*, as they were rated by Mr. Leach, w<=h he 
was to carye to the Barbadoes and sell, the said Robert to 
have halfe the proffitt and to paye halfe the fraight till the 
returne be made, w^h the said Robert was to make either to 
England or elc to Newhavcn ; now of this 61* worth of goods, 
he sould to the valew of 34* 10% and for this deliucrcd 752* of 
cotton woole, w^h the plantiffe conceives cannot arise to so 
much, as cotton woole is worth and paseth in the Barbados, 
And that this was the agreement he produced Mr. Leach his 
letter to Mr. Pell, and Mr. Pell tooke oathe that Robert Per- 
sons acknowledged that this in the letter was the agreement. 
The clause of the letter runes thus : I have sent by Robert 
Persons, to the Barbadoes, 61* worth of goodes, he to allowe 
me halfe the proflBtt of them, and to beare halfe the adven- 

360 HEW HATES C0L05T BB0OSD8. [1647 

tare and halfe the charge of the said goods, vntOl the re- 
tame be made to me or mj as&ignes, when the proffitt is to be 
shared ; his order is to send either to England or to Xewhaven 
the retume, and if he come or send to Xewhauen, vow will 
heare of hlme. and he will and b to give tow accounte of the 
goodes. Mr. Pell testifyed vpon oath that Robert Persons 
acknowledged to hime that this was the agreement. John 
Thomas saith that Roljert Persons tould hime the goods would 
not of, but at his coming awaye he sould the goods for 800' of 
cotton woole. Now of this 800^ of cotton woole, the said 
Bobert deliuered 752* to Mr. Pell, and 48' was disposed of for 
necesarie charges. 

The court considering that the deffendant is dead, and none 
present that can clearly answer for liime, and that the plan- 
tiffe can make no cleare proofe for what, nor how the goods 
was sould, could not see cause to cast damadge vpon the estate 
of Rolxjrt Persons, leaning the plantifie to make what further 
proofe he can hearafter, either for the fraight or for the princi- 

John Tliomas acquainted the courte that Robert Persons 
haueing lett halfe his house & halfe his lott for 40« a jeare, 
l>efore he went agrecMl to make them a well, w h tbey that are 
in it dissire inave be done. The Ci»urte tould hime that now 
tlie ceason of the yeare is past, but he miirht provide stones 
roadie that it mave l)ee done so soone as the ceason serves. 

it was proiKumded to the court that Goodman Bud dis- 
siered some allowanc out of the estate of Rohret Persons, for 
some suger w h fell short in a hogshead of suger Goodman 
Budd had of R(jl>ert Persons for his house and lott he souhl 
liime, w' li liogsliead he expected to l>e oOO', but it fell not out 
so much, but John Tliomas saith that Robrt Persons said he 
payd hime all, and Mr. Ghadwell saith that Robert Persons 
did not warrant hime oOO* in the hogshead, but did bide hime 
chuse w^'h he would & that should satisfye hime. And further 
lie saith he saw 1 hogshead of them waid at Roade Island w* b 
waid al)OV(» r>00'. 

[205] II A noat of some debtes owing to Robert Persons was 
presented in court(». 


John the Duchman dissiered libertie for himselfe and the 
other two w^h were prissoners wUi hime, to goe to the Duch 
gouerner ; it was tould hime that if he had dissiqred it at first 
they might hane bine sent, but then they were alltogether vn- 
willing ; that the court are still free to send them, onety as 
they were put vnder that bayle, vndcr w<^h they stand, by the 
courte of magistrats, so the bayle must bee released by the 
same power, w^h should be done as speedily as the court of 
magistrats could meete. 

Mrs. Lamberton presented the inventorie of the estate of Mr. 
George Lamberton, her late husband, in courte, w<^h was veiwed 
and deliuered to the secretarie to be recorded.* 

The will of M«"»» Wilkes was likewise deliuered into the 
courte by Mr. Ro : Newman, and deliuered to the secretarie 
to be recorded.! 

* "An inventorie of the estate of Mr. Georf^ Lamberton." 

The estate is creditor, to the worpll Theophilos Eaton, pr bill, £28. 17. Ik. more to 
him for the negars clothes, £3. to Mr. Stephen Goodyeare, pr bill, £65. 4. 9. to 
Isacke Allerton, pr bill, £22. 2. 6. to Jolin Chapman, pr booke, £6. 6. to Mr. PcU, 
for Mrs. Brewster, £80. 14. 2. to Rogger Allen £7. to John Clarke £1. to Mr. Hooke 
£8. 12. 8. to Mrs. Gregson £3. 14. to Geo. and Lawrancc Warde £6. 10. 8. to ship 
Fellowshipp, put in £60, £25. to Goodman Stone 8". to Jonathan Sarjant 15\ to 
Adam Nicolls £1. 2. 5. to Roger Knap 10«. to John Thomas 7". to Capt. Turner £1. 
to Mr. William Tinge £1. to land at Stamford £4. to Moses Wheeler £1. 9. 10. to 
Brother Nash £1. to John Nash £0. 17. 9. to Richard Everit .£0. 10. to Serjant Jcf- 
fery £1. to William Andrcwes, senior, £4. to John Chidsey £0. 15. to 8 oxo hides 
£4. 8. to William Davis £0. 8. 6. to John Tompson £1. 8. to Michaell Taintor £6. 
6. to Mr. Gregson, Mr. Hawkines and Mr. Goodyeare £3. 17. 6. to the 24^'' part in 
the Susan £16. 11. 8. to Mr. Pery £20. to goods in the Susan and Phenix £29. 5. to 
Phillip Leake £1. to John Rider £1. to Mr. Gilbert £34. 
The whole estate is £1218. 12. 4. 
owing, 16 

rest good estate, 1202. 12. 4. 

The estate is debtor to Mr. Malbon £13. to John Willford £8. 

Prised the 4i*' of January 1647. Mathew Gilbert, Richard Miles. 

t '• The will of Joane Wilkes made the 12'*> day of January 1645. 

" I Joane Wilkes being called to goe to my husband, but not knowing whether he be 
living or not, and not knowing whether I may live to come to England or to returne 
heither, doe desire, so farr as I have or maye have power in my hands, to dispose of 
that estate that God hath given me in this place. First I will and bequeath to our 
deare pastor tenn pounds. To our teacher five pounds. To the church of Christ in 
tliis place five pounds. To my neece Bridget Wilkes thirty pounds. To my nephew 
Joseph Dalman, in London, twenty markes. To my nephew Nathaniel Warner, of 
Bristoll, twenty markes, and to Susanna Gregson twenty markes, and to our beloved 
elder, Mr. Robert Newman, five pounds, whom I nominate and appoint tlie solo cxecu- 



Robert Hill deliuered into the court an invenicxrie of his 
brother John Hills estate*, w^'h was likewise deliuered to the 
secretarie to be recorded. 

Mr. Pell brought in and deliuered to the courte an inven- 
tori<9 of his wives estate, left by her late husband, Mr. Francis 
Brewsterf, w<^h was read and deliuered to llie secretarie to be 

Mr. Pell was tould he was warned to the courte aboute his 
wires fine, that he might either paye it, or show a sufficient 
reason why he did not ; he dissiered to know by w^ lawe it 
was demaunded, it was tould hime, by the lawe of his nuurrying 
the widdow, w^'h owed it before he marryed her ; he said he 
knew not howe it comes to be her debte or his either, the gou- 
emer tould hime he had a copie of the courte order, and if lie 
could obiect any tiling against the justic of the courtes pro- 
ceedings, hee might ; he said ther is that charged in the order 
that is not proved, he was told it was a reproachfull slander 
cast vpon the courte to saye they had laide a fine for any 
offenc not proved, and he was called to make proofe ; he in- 
stanced in a passage wherin excese in drinking w^h other 

tor of this my last will aiid testament, intreating him to take upon him this core and 
trust and to see it performed accordingly. And if my hoosc, lands and goods left 
hear should not amount to so much, then my mind is that the abatement shall be 
upon the three Icgacyes of twenty markes equally, and if it shall arise to more, that 
it be added e<iually to tliose three legocyes of twenty markes a peece. In witnes 
whereof I have hereunto put my hand this 12^ day of the eleventh moneth 16i6. 

Jone Wilkes. 

" Joane Wilkes declared this to be her will and testament before mee. 

Tho: Gregson." 

Inventory taken by Mr. Gilbert, Mr. Wakeman and Mr. Crone, tlie 14»*> of the llui 
moneth 1647. Total .£89. 4. Debts. 8 busheUs of wheat of old Jacocks of Strat- 
ford £0. 12. Mr. Gilbert 16*. John Clarke 80*. Thom: Munson 14>. Mr. Robert 
Newman 8*. Richard Hull 8*. Phillip Leeke for rent of the house and garden the 
yeere 1C45 £3. for rent of the ganlen 1646 £8. James CUirke 80*. Phillip Leeke 
received of several men £3. 18. 

* "An invontorie of the estate of John Hiir' .£24. 19. Mr. Winthrope debtor £7. 

The estate is debtor, to Peeter Browne £4. 10. to old Goodman Willmot £0. 16. to 
the treasury £0. 3. 6. to Robert Preston £0. 2. 6. to Ro. Hill for 4 bush, wheat £1. 
to him for a stuff suit £1. 18. 6. more for a goat £0. 8. 

t'*An invcntorie of the estate of Mr, Francis Brewster," amount £666. 6. 2. In the 
great ship, cost £60. prised December 80, 1647 by Francis Newman, Richard Miles, 
John Clarke. — The estate debtor, pd out of the estate as appears by acquittances £67. 
10. for a debt wliich Mr. Brotliers demands oat of tho estate £200. for a debt owing to 
Mn. Lambcrton £80. 14. Total £288. 4. 


inconyeniences seeme to be charged on M'»» Brewster, now 
his wife, w^h was not proved against her, he was tonld there 
was neither any such charge, nor any penny of the fine im- 
posed vpon any such consideration, that his iniurious cariage 
hearein is agravated in that full light hath bine tendered hime 
in the case, no excese was charged against her by y® courte, 
nor in the originall order was thcr any word sounding -that 
waye, it was an errour in the secretarie, who probably had 
left out a line in ingroseing the order out of the first copie, 
and Mr. Pery, the secretarie that then was, had sine bine w*h 
Mr. Pell, had showed hime how the originall ranne and the 
lino left oute, offered hime to rectifye it, but he refused. The 
governer tould Mr. Pell that the line beinge left out as it stands 
.in his copie, it dothe not rune cleare & in good sence, namely, 
(and sit drinking all excese in drinking w'h other inconven- 
iences following.) Mr. Pell said it was good dialect, no over- 
sight in the secretarie, and he could prove it. The gouerner 
tould Mr. Pell he conceived he did not vnderstand what dia- 
lect is, but the courte considering that Mr. Pells charge is 
made against the courte of magistrats, whoe imposed that 
fine, thought fitt and ordered, that his miscariage be reffercd 
to the consideration of the next court of magistrats for the 
jurisdiction, and ordered Mr. Pell to attend them therin. 

Ezechiel Oheveres passeth ouer to John Cooper 5 ac»^« 2 
thirds of vpland wUiin the two myle, on halfe of it lying in 
Mr. Eatton quartr, betwixt the land of M'**^ Turner & William 
Tuttill, the other halfe lying by the mill highwaye, at the end 
of Mr. Eatons pasture, next the land of William Tuttill. 

John Lawrencson and his wife, being warned to the court, 
apeared, they were charged for selling stronge watters by 
small quanteties, contrarie to a courte order. He said he 
knew not that it was a breach of order, and she sould it for 
Mr. Westerhouse. 

She saide that haveing broke the order, she dissiered to 
submit to the courte. 

But beside the breach of order, their apcares something of 
disorder, for William Paine saith that the 3 Duchmen, w<^h 
were prissoners, lying at his house, were wonte, before she 

864 HBir HATSH oau>KT ncx>Bi». [1647 

8oaId stronge waiter, to keepe good honres in coming home 
at night, but sine, they hane stayde out long, and some time 
Tery late, and one of them seemed by his speech to be some- 
what distempred, but he sawe hime not for he was in bed. 

Arther Halbich saith he hath gone into the house where 
Goodwifc Lawrencson was, and sawe persons sitt drinking of 
small quaiitetics of stronge watter two or 3 times, and that her 
husband tould hime she had gained 80' in a weeke or a fort- 
nights time by that waye of selling out stronge watters. 

The sentenc of the courte is that John Lawrencson paje as a 
fine to the towne for this breach of order, 20', but if they goe 
on in this way it is not twic 20' that will excuse them. . 

William Paine refused to paye his fine for comeing late one 
Lords day w^h his armes to the meeting, because others came 
late and were not complained of, but he was told he must paye 
his fine, and the seriant should be warned to the next courte 
to answer for his neglect. 

The treasurer was ordered to paye William Paine for his 
halfe days worke in attending the courte aboute John Law- 
rencsons buesnis. 

John Benham informed the courte that he was fined by the 
courte for neglecting to wanie Dauid Atwatter to watch. It 
is by the secrctarie that then was, entrcd 5«, but it was but 
2»: 6«*, and seing diners doe remember it was but 2": 6^, the 
courte agreed he should paye no more. 

[206] II Richard Beech dissiered of the courte that he might 
retaync the estate of William lies in his hand till further 
order, w<^h is as apearcs by the inventorie 13^ : IT" : CO** : the 
courte tould hime vpon securctie he miglite ; he offered himc- 
selfe and iH wortho of land, as it was valcwed by Anthony 
Tompson & John Clarke as apearcs in a note vnder there 
hands. The land is 22 ac" of vpland in the second devission, 
and 5 ac" of mcddowe in the west meddowe, and 2 ac' of 
vpland in the quarter at his house, and for the other 5^ John 
Beech bccomcth surctic w*li hime, as the said Joh Beech de- 
clareth in courte, w*^h the courte accepted, w*h this proviso, 
that if John Beech should dye or leaue the towne, Richard 
Beech put hi other securitye to the courts satisfaction. 


John Tompson, atturney for Thomas Allcote in the Baye, 
requiereth youthcs of Francis Halle vr^h he brought from 
England long sine, that is to saye, John Whitehead & Thomas 
Whitehead, and saith he hath order to send them to the saide 
Thomas Allcote whoe is ther vnkell. 

Francis Halle saith at the desier of their vnkell, Mr. Allcote 
of Roxberey, since deceased, hee brought these youthes ouer, 
and was at great charges with them for their passage and other 
occaisons, w^h lie saith Mr. Allcote promised to paye to his 
satisfaction when he came heare, but when he came ther 
vnkell was deade, and knew not of whome to seeke his money, 
iflf the boyes had dyed he should haue lost it, for ought he 
knowes, for he knew of no other \aikell they had, but he was 
blamed that he had not vsed that mcanes to finde oute ther 
vnkell or send to ther mother as he might have done, 
(thoughe he saith he hath sent,) but he acquainted the courte 
then wUi it, and w^h ther approbation one of them was dis- 
posed of to Mathias Hitchcoke, the other he kept himeselfe 
till they might haue further light to dispose of them. 

The courte being dissierous that the chilldren might haue 
no wronge, and allso that the ptyes w^h haue brought them 
vp heitherto, (seeing they were small,) might be justly satis- 
fyed, did seriously consider and weighe the charges and haz- 
ards the severall ptyes had bine at wUi them, as allso the 
advantages that the boyes might be vnto them. And after a 
large debate concerning those accounts, in the issue agreed, 
that Thomas Whithead w<^h was w'h Mathias Hitchcocke, be 
at the end of 5 yeares and eight moneths from the time he had 
hime, sett free, at w<^h time the said Mathias put the said 
Thomas to Davide Atwatter for 4 yeares and -4 monethes, 
thoughe he had no right so to doe, but now the said Thomas 
declareth himeselfe willing to abide w^h his master David 
Atwatter, till he maye heare from his vnkell, so he maye haue 
just satisfaction for the time to come, so longe as he stayeth 
w^h hime. They bothe agreed before the courte, that he 
should haue 3 * a ycare, mcate, drinkc and clothes. And con- 
cerning John Whithead, it is ordered that Francis Halle sett 
hime free from this time, and paye vnto hime 50». 


Mr. William Westerhouse, by Mr. Eranc his interpreter, 
acquainted the courte that he knew it not to be an oflfonc to 
the courte that he imployed any to sell his stronge waiter, but 
seing he had done it, he justifjed the courte in the fine thej 
had laide, and he came to tender the payement. The courte 
tould hime they looked not vpon it as his fisiult, but Jn^^ Law- 
rencsons and his wives that sould it, for they intended not to 
fine hime, but seeing he would paye it, the court considering 
how Ysefull hee hath bine in the towne by giveing phisicke to 
many persons, and to some of them freely, the courte agreed 
not to take the fine but returned it to hime againe. 

Phillip Galpine acquainted the courte ther was a certaine 
some of money, aboute 9 i, given hime by will by Nathaniell 
Drapr deceased, w^h some was due to the said Nathaniel for 
wages, w<^h Mr. Leach is to paye, and now Mr. Pell, by order 
from' Mr. Leach, w<^h Mr. Pell refuseth to paye. Mr. Pell 
sude he denyed not to paye it only he heard that Nathaniel 
.made another will and gave this wages to Mr. Sellicke, as Mr. 
Tompson of Yerginea, David Evanc and another saide, and 
that he will require it, therfore if Phillip will give hime 
securitye that he maye not paye it twice, he will paye hime it. 
The court thought that but just, and agreed that if Philip can 
give in securitye, it bo payde to hime, if not. that tlien it be 
payde into the trcsurers hand till the matter mayo be cleared. 

Mr. Goodier and Mr. Evanc were dissierod by the courte to 
see Robert Persons suger waide, and that or any other goodes 
of his vallewed, w^h is to be put into the treasurers hand. 

Mr. Malbon dissiered tlie courte to appointe some to vallow 
some goodes w«^h were attached of Mr. Godferyes for on 
Strong Fornale, of Boston. 

A Generall Courte the U^^ op Feburarie, 1647. 

The Governor acquainted the courte, that he heard that 
fences aboute the towne are generally so defective tliat many 
are discouraged from the laboure of husbandrie, because their 
corne, when they haue sowne it, is spoyled, therfore it is of 


necessitie j^ some course be taken that corne maye be pre- 

It was propounded by some that their might be certaine 
men appointed as haywards, w'^h might looke to such a com- 
pase of ground as might be convenient, whoe should take and 
pound all the catle or hoggs they found their, lookeing ouer 
the ground on every daye, and that if the see any small defect 
in any fence they might mend it, or if it be too great a breach 
for them, that then they acquainte the owner w%,it,^and each 
hayward to be payde by the severall quarters w<^h imploye 
them, as they shall agree. To this the courte inclined, and it 
was agreed to meete in the severall quarters to put it in exe- 
cution. And wheras it is founde and complained of, that 
when meetings of that nature are warned, severall doe not 
attend them, therfore it is ordered that when a meeting is 
appointed, and all they in the quarters haue seasonable warn- 
ing, if any come not, yett the maior pt maye agree any course 
for the goode of the quarter, provided it croses no order of 
courte allreadie made. 

[207] II It was dissiered by some that Indian and English 
corne mighte not be planted in on feilde together, but it was 
answered by diveres that it could not be avoided, but the 
quarters themselues were to agi'ee hcarin, and not to damadge 
on another, as allso to agree of the time of putting in catle into 
the severall quarters where corne is sownc, and allso of take- 
ing them out seasonably, that corne be not spoyled. All the 
orders abovte fences to stand in full force, and every on to 
hasten the setting vp the fences that are downe. 

Mr. Westerhousc dissiered the towne to save their ashes, 
and he would give them 4^ a bushell and fetch them at their 
houses, or 5^ a bushell if they carrie them to the watter side, 
to a place he would appointc there. 

Mr. Evanc propounded that some would make a sluce at 
the creekes mouthe w<^h comes vp to M" Wilkes house. The 
court was willing to incouradge it, and wished it might be 
seriously considered against another courte. 

The Gouerner dissiered that men would speedely bring in 

$68 KeW RAYES €X)LO!nr SBCX>B])8. [1647 

their rates to y* treasurer, that so the might prevent a warn- 
ing to the perticuler courte. 

William Andrewes was dissiered to acquaint the courte 
what he intended to doe alx)utc the ordinarie, he answered 
thoughe hime was willing yett he dissiered the courte would 
provide another, l>ecause his wife is at present vnwilling. But 
he had further time given hime to consider of it and to come 
to the gouemer aud give his answer. 

Mr. Evanc propounded to the courte that something might 
be done concerning the setting a size for the waight of breade 
w^h is made and sould, but it was left to be further inquired 
into till another courte. 

Mr. Newman, the ruleing elder, propounded to the courte 
that they would grant brother Wiggelsworth a small pec of 
ground ncaro the meeting-house, to sett hime a litle house 
vpon and make. hime a garden, because he is so lame that he 
is not able to come to the meeting, and so is many times de- 
prived of the ordinances, when if he was neare he might inioye 
them. The courte considering and pittying his case, inclined 
to doe it & left it to the dispose of them whoe are intrusted to 
dispose of lotts in the towne. 

The courte declared tliemselues that the leather w*^h was in 
mens houses, before the last order for sealing leather was in 
force, be allso sealed before it be vsed or sould. 

Mr. Evanc propounded that ther miglit V>c some api)ointed 
to ouersce and allso to scale the cooppr ware, that it maye l>e 
sufficient botlie for gadgc and tightnes, but it was refercd to a 
more pi-ivatc consideration. 

Mr. Malbon dissiered the workcmen in the towne that the 
would be forwarde to help the elders vp wth their fenc, (and 
they should be payde) and especially those whoe are debto" to 
y*^ treasuric. 

Jeremiah Howe hath libertie from the courte to sell strong 
watter by pints or (quarts or other small quanteties, so that he 
surter it not be drnnkc in bis house, but sell it to y^ towncs 
folke or strangcs out of his lioiLse, provided allso that he haue 
due resi>ect to any suspicious persons and vnseasonable times, 


that all disorder maye be prevented ; this to continew till the 
conrte find some inconvenienc. 

Henery Morall, William Blayden, Thomas Knowlcs haue 
libertie to burno a litle meddowe w^h is in thcr home lotts, 
provided the doe it at a fitt time, that no damadge come ther- 
by, and if any doe, they must answer it. 

Leivtenant Seely dissiered the courte that he might haue 
60» allowed hime, w<^h he had bine out of ever sine the plan- 
tation begune, for seekeing a shallope w^h was lost, but the 
courte sawe not cause that the towne should paye it, seeing 
the shallop belonged to perticular men. 

Mathcw Camfeild declared himeselfe sorye that he had the 
last courte presented the names of sundrye men to be behinde 
in payement of their college corne, before ho had spoken 
againe w% them. 

The Gouerner acquainted the courte that the Kinges Armes 
are cutt by Mr. Mullyner for the towne, w^h are to be primed 
and after sett vp in a publique convenient place.* 

It was propoimded that a comittee might be chossen to con- 
sider and dispose of the absent lotts, that the charge w<^h comes 
to the towne by them maye be prevented, and the magistrats, 
ciders and deacons, w*h the 4 deputies for the towne were 
chossen as a comittc for this thing. 

John Halle acquainted the courte that the highewaye against 
a lott he bought of Henery Pecke was worne awaye w^i the 
watter that their was no safe passing that waye. He pro- 
pounded to know whcither the towne will mende it, but the 
courte declared themsclues, that the order was that every 
man maintayne a sufficient waye 2 rods from his home lott 
thouroughout the towne ; but after much debate, John Halle 
resigned the lott to Leivtenant Seely, vpon condicion that he 
mende the waye and maintayne it sufficiently, w^h Leivtenant 

Oaptaine Malbon propounded that ther might be a new 
Clarke chossen for the trayne band for the towne, because the 
former clarkc being otherwise imployde, could not attend it. 

* From " New Havens case stated," we learn that the kings arms were set upon a 
post, in the highway, by the sea-side. 


870 mm haver colony saooiKDB. [1647 

John Clarke was bj hime propoundedy and hj the oonrte 
chossen clarke for the trayne bimde of fhe towne in fhe roome 
of Mr. Pery. 

The towne was dissiered that they wotild be carefbll to 
attend the order in provideing themselues of ladders. 

[208] A CouBTE AT Newhaven the 7*»» DAY OP Mabgh, 1647. 

Sundry at this courte tooke the oathe of fidelitie whose 
names are entreS amoung y« rest. 

Edward Wigglesworth passeth oner to Adam NiokholeSy six 
ac'> of ypland ground lying in the Yorkesheir quarter w^hin 
the two myle; and wheras in the towne booke their is but 22 
ac" and a halfe of land placed ypon Ed. Wigglesworths lott, 
bothe for estate and persons, and yett he had layd oute and 
hathe sould 24 ac", he declared that the ac^ and halfe, w«h 
makes it 24 ac'*, was giren hime in allowanc for shortnes in 
his home lott. 

Dauid Attwater entred an action against Mathias Hitch- 
cocke, for 10^ w<^h the said Mathias Hitchcocke receared of 
Dauid Atwatter, for the servic of Thomas Whitehead for 4 
ycares and eighte moneths, w^h Mathias Hitchcocke could not 
pcrforme, ho not haucing a full right to dispose of the saidc 
Thomas. Mathias Hitchcocke saith, that being demauuded 
what assucranc he could give David Atwatter that he should 
inioyc the saide Thomas so longc,seing by the courte order he 
had no full assucranc of hime, but ho might goe awaye or 
another might take hime from hime, he answered ho could 
give no better then he had, vnlesso the boye would give hime 
any better, so he agreed w% the boye to make an indenture 
for so longe time, and gaue hime the saide Mathias Hitchcocke, 
10^, but being advised by the courte to agi'oe it betwixt them- 
selues, thoy botho consented to it and did w'hdrawe, and soone 
after declared to the courte that they had issued the diflferenc 
to bothe ther satisfactions. 

Arther Halbich passeth ouer to John Beech his house and 
home lott w^h all his acconmiodations thcrto belonging w^hin 


John Nash bemg warned to the courte for not payeing his 
rates, answered that he knewe none due from hime till the 
land was entred in the towne booko, and that the courte 
might take ther course, but was reproved for so saying, it 
being a thing vncomely for hime to saye. So further he 
obiected his land was not laide oute, but was tould it was not 
the townes faulte, and if that was the reasson, the courte 
would send presently and take a distrese, but in the issue he 
promised to paye. 

William Paine was called to make goode the charge w^h he 
laide vpon Seriant Munson last courte, w^h was the he pre- 
sented some for comeing late on the Lords daye w'h their 
armes but not others, thoughe they offended equaly alike. 
William Paine saide he was loath to doe it, but yett presented 
sundry names he had in a papr, w^h came late the last Saboth 
in Maye, 1647, and the last Saboth m June ; some of them 
came late, and some brought not their armes. Seriant Mun- 
son saide he dissiered Willm Paine might prove, first that the 
men came late, 2'^^y that he did not present them. WilUam 
Paine saide hee hade not his proofe in courte ; he was tould if 
ther was indeede a fayling, he should first have tould his 
seriant of it in a private wayc, and if it had bine reformed, 
well, if not, then he might have complained, for every souldier 
should strive in. all lawfuU wayes to vphold the honour of 
their officers. Further, Seriant Munson saith that he had the 
names of simdry in a note to give the marshall that they might 
be warned to the courte, but he lost it oute of his pockett, he 
knowes not how. The seriant was advised, and w^h hime the 
other seriants, that they would carefully attend the discharge- 
ing of that trust w<^h is committed to them, for they maye see 
that the eyes of many are vpon them. 

Mr. Leete and Mr. Jordan, attomyes for the towne of 
Guilford, entreth an action against Mr. John Ceffinch of New- 
hauen, for certaine rates due vpon a lott w*^h the saide John 
Ceffinch houldeth at Guilford, but refuseth to paye them, 
thoughe they haue bine demanded of hime. Mr. Ceffinch 
saithe that he knowes not that he owes the towne of Guilforde 
any thinge for rates, for they haue had the vse of his lande. 

8T2 mm haven oolont bboobdb. [1647 

Mr. Leete answered that it is tme they vsed some' of his 
land, but that was to satisfye rates towards minesters main- 
taynanc, according to an order of courte made in Guilford 
the ^ y w^h was, that if any remore, and yett hoold 
the right of ther land in ther hands, and will not paye towards 
the minesters maintaynanc, it should bee lawfull for the au- 
tlioritye of the place to seize the whole or any pt of their 
accommodations, to rayse that pt of the minesters maintayn- 
anc w^h he gave in to paye, and to render the ouerplus to the 
owner, now for this purpose the land hath bine made Tse of, 
but not for the towne rates. 

Mr. Ceffinch saide that he treated w^h Mr. Disborowe 
aboute this matter, and tendred the land for that yeare for de- 
frayeing of charges, and Mr. Disburowe accepted it, and pro- 
duced Mr. Attwatter for his wittnes, whoe testifyed ypon oath 
that Mr. Ceffinch tendred to Mr. Disburowe the laying downe 
all his accommodations in Guilford for that yeare for defraye- 
ing publique charges, and Mr. Disburowe, thoughe he was 
slowe in it, yett at last saide if yow doe it according to towne 
order we cannot refuse it. 

The plantiffe saide that they dissiered to hould to that, that 
if it was laide downe according to order they will accept it, 
but that it was not, as apeares by the order which was read in 
courte, a copie whereof Mr. Ceffinch had from Guilforde. 

The plantiflFe and deffi)ndant being dcmaunded had no more 
to saye. The court proceeded to scntenc, w^'h is that the 
defiendant for want of proofe is cast, and must paye the rates 
to Guilford w^h is due for his lott their. 

Mr. Robert Newman presented hito the courte the invento- 
rie of the estate of M*"** Wilkes deceased. 

Mr. Goodyear and Mr. Evanc were dissiered by the courte 
to prise some goodes w<^h were attached of Joseph Godferies, 
and if Mr. Malbon put in securitye, he hath libbertie to sell 

[209] II Mr. Evanc attomye for Mr. Daniel Peirse, merchant, 
entreth an action against Thomas Moris for takeing awaye a 
flote or staye of Mr. Peirses and not returning it againe, but 


it is lost. And allso for damadge w^h the saide DanieU 
Peirsc hath or maye sustaine for want of it. 

Tliomas Moris saide that Mr. Pcry dissiered hime to fetch 
the flote, but hee answered hime that he would not, and he 
might send his owne men for it, for if any damadge came, if 
ho fetched it, it would be laide vpon hime, but Mr. Pery was 
very importunate w^h hime, & tould hime that they would 
beare hime harmlesse, so by much perswasion, he and John 
the Duchman fetched it, and when they had done w'h it, he 
tould Mr. Pery they must take care of it, and he and Gren- 
feild Larebe saide they would doe it as Mr. Chadwell can 

Mr. Chadwell testifyeth vpon oathe that being aboarde the 
Phenix when the worke was neare done, he heard Thomas 
Moris aske Mr. Larebe what course they would take w'h the 
staye, for Mr. Peirse would haue need of it, he knew not how 
soone; Mr. Larebe answered that they would take care to 
haue it made fast and secure till y^ river was cleare, that it 
might be caried into it place ; the like passadges was w*h Mr. 
Pcry, and Mr. Perys answer was the same. He asked them 
why the lighter men tookc it awaye and caried it to the old 
shipp side, th6y said that that was the secuerest place it could 
be laide in, till the river was cleare. Tliis they saide both of 
tlicm, thoughe apart, two or three times. 

The courte considering the premises saw cause to judge that 
the damadge must fall vpon Thomas Moris, yett Mr. Pery and 
Mr. Larebe will be lyable to make hime just satisfaction, ac- 
cording to the proofe lie can make, and the court advised 
Thomas Moris to make Mr. Peirse another flote, and the plan- 
tiffe declared himselfe willing to accept it, so it might be 
rcadye by the midlc of the next weeke, and Thomas Moris 
being incouradged by some help tliat Mr. Chadwell & Mr. 
Peirscs carpenter, and some matterialls w<^h Mr. Goodier & 
Mr. Malbon promised to afford, promised to make one. 

874 NSW HAYEN COLONY BE00BD6. [1647 

A Geneball Coubte the S^^ day op March, 1647. 

The GoYenier acquaiuted the courte that the millitarie offi- 
cers, accordmg to their dissire, had considered how the watch 
might be caried on for more ease to the towne then formerly 
it hath bine, and thinke that foure men w^hout a master maye 
seme in a night, (leaning extraordinarie occaisons to other 
considerations as the courte hath before provided.) These 4 
men to carye on the watch in manner as followeth. They are 
to be all at the watch-house an houre and a halfe after sunn 
sett, w^h their armes compleate, according to the former order 
for the watch ; and the 4 seriants in their course, are to come 
to the watclv-house every night, to sett the watch and give 
them ther charge; and allso that they come at some other 
times, to see that the watch doe ther duty faithfully, one a 
weeke at the least, leaning the sett time to themselues. 
These 4 men are to walke the rounds, two one pt of the night 
A two the other pt of the night. And whille two are walke- 
ing, the other two to keepe sentinell in ther course, leaning 
other circomstances to be ordered by the discretion of the 
senant, as, wheither they shall walke halfe the night at one or 
no, and the like ; and the seriants for their faithfull discharge 
of this trust are freed from watching in their owue psons. 

After some debate aboute this matter, the courte agreed 
and ordered that till they see some inconvenienc arise by it, 
the watch be caryed on in this manner. 

It was propounded wheither the men at the farmes should 
not watch in the towne, allso concerning the deacons and dep- 
uties for the courte, and seamen. 

For the farmes it was answered, that they are by an order 
of courte to watch, vnlesse it be in a time of danger, and then 
they are to keepe watch at home. 

For the deacons it was voted that they be wholly freed, and 
likewise for the deputies for the time being. And for seamen, 
if they were indeed seamen, and such as had no estate in the 
towne to be preserved, they be freed, but if they have estate in 
the towne then they are to find a watclmian, thoughe they 
watch not in ther owne persons. It was further ordered 


that Mr. Pell, Mr. Westerhouse and Mr. Auger be freed from 

It was propounded wheither psons that are aboue 60 yeares 
of age should be freed from watching. It was ordered that if 
they be such as haue estate in y® towne, thoughe they be freed 
in their owne psons, yett they must find a watchman. All 
others, not exempted by publique place, to watch. 

William Judson and John Brockett propounded that they 
might be freed from watching, but the courte sawe no cause 
to grant it. 

The Gouerner dissiercd the seriants that they would be 
carefuU to looke to their squadrons vpon the Lords dayes, that 
all they w«h transgrese the court order maye be presented, 
that so all show of parallitie maye be avoyded. 

[210] Att a Generall Courte the 23*^ op March, 1647. 

The Gouerner acquainted the court that those whome they 
appointed to consider of the absent lotts had done it, and finde 
the charge w^h is vpon them by fencings & rates, to be very 
highe ; and allso that the lotts are not of an equalle goodnesse, 
hee therfore dissiercd to knowe ther minde, wheither they will 
expect or require all the rates, or abate any pt, and howe 
much. And wheither they will grant any of them freely to 
some psons for publique respects, and wheither they will now 
consider and dispose of the matter themselues, or chuse a 
comittee to whome they will refer the whoUe matter. 

The courte considered the propossition, an(J agreed to chuse 
a committe. And the persons chossen are the magistrates, 
elders and deacons, the treasurer and on outc of each quarter, 
viz J. 

Francis Newman, for Mr. Eattons quarter. 

Richard Myles, for Mr. Goodyears quart. 

Henry Lindalle, for Mr. Lambertons qurt. 

John Cooppr, for Mr. Newmans quart. 

* Probably because they practiced medicine. For some acconnt of Mr. Pell who 
had been a surgeon in the Pequot war, and from whom the town of Pelham takes its 
name, the reader is referred to Bolton's Hist Westchester Ck>iint7i i. 621. 


John Clarke, for the subverbs. 

Mr. Crane, for Mr. Malbons quarter. 

Mr. Evanc, for his owne quarter. 

Mr. Gibbard, for Mr. Wakemans quart. 

Mr. Ceffinch, for his owne quart. 
Livctenant Secly, for the subverbs where he dwelleth. 
To these or the maior pt of them agreeing, the courte gives 
full power to dispose of the absent lotts, w^h what abate- 
ment of rates or fencing or publique respects they shall see 
cause. Allso to consider and reserve what lott they shall see 
meette & most commodious for a coUedg, w<^h they dissire 
maye bee sett vp so soone as their abillitie will reach thervnto. 
The Gouerncr acquainted the courte that brother Andrewes 
had bine w^h hime aboute keepeing the ordinarie, and is willing 
to keepe it if he could see a waye howo hee might be able to 
provide things at the best hand in season. He therfore pro- 
pounds that the towne woulde buy his house, house lott and 
land, & make hime such paye as he might buy provissions in 
season at best hand, and he will live in it & paye them rent 
by the yeare till he can provide himeselfe of another house, 
convenient and nearer the watter side for this purpose, and he 
will reffer the pric to indiflfercut men to judge. The gouerner 
asked the courte if they would not chusc some to consider w^li 
bro : Andrewes of this matter, and they agreed to doe it, and 
chosse Richard Myles, Henry Lendalle, Thomas Munson, Jer- 
vic Boykinc, Francis Newman and John Cooper as a committe 
to consider of it and make reportc to the courte as they should 
finde cause. Further William Andrewes propoundes that he 
might have some part of the Oystershcll feild for a pasture for 
strangers horses and some mcdowe ground w<^h lyes conven- 
ient to gctt hayc for strangers horses in the winter, all which 
vpon the isue of the former matter, the courte would consider 
further off. 

It is ordred that if any cattle be found in any corne feild or 
other severall ground where they arc not to come, the owner 
shall paye 5^ a hcade, (beside damadgc,) wherof 1^ is to the 
pounder if they be pounded, and 4^ to hime that bringes them 

1647} NSW HAVEN coumr bboohds. 377 

forthe, either home or to the pound; and for horses it is 7<^ a 
pec, 1^ to the pounder & 6<^ to hime that bringes iheiji forthe. 

Henry Lindalle was chossen in the roome of Anthony 
Tompson to joyne with them that are appoynted to view that 
land for Mr. Goodyeares and Mr. Wakemans quarters. 

It is ordred that every cooper w^hin this plantation shall 
take care that he make his ware tight and good, and full for 
gadge, and shall sett his burned marke vpon it that his ware 
maye bee knowne, and allso the just gadge, howe much it 
holdeth, w<4i is to be as followeth ; the hogshead 64 gallons, 
but not lesse then 62 ; the halfe hogshead or quarter caske, 
32 gallons, but not lesse the 30 ; and the barrell 48 gallons, 
but not lesse then ^ . Thesse to bee all marked as 
they will hold vpon tryall, and no otherwise. 

Gaptaine Malbon acquainted the courte that the watches 
were made vp, but he finds that sundryo old men and seamen 
find thomselues agreived that they are put into watch, thor- 
foro wheither the courte will not spare tliem, but it was 

Mr. Robert Newman propounded to the courte, that ther 
quartr and the next wher Mr. GeflBnch lives, dissires that 
they might have on third pt of ther land w^hin the two myle 
exchanged for so much at heither end of the playnes, because 
that on the hill is so stony they cannot plant it, and yett is bet- 
ter for pasture then y® plaine. The courte considered of it 
and chose Mr. Malbon, Mr. Wakeman, Mr. Grane and Leiv- 
tenant Seely as a committe to view and consider of what they 
propound, and howe it may stand w'h the townes convenicncy 
or inconveniency, and to make report backe to y® courte. 

It is ordered that every man shall attend the puttuig his 

cattle that waye his land lyeth, and if any putt any vpon any 

common where he hath no land lye, he must take care that 

they maye so goe vnder keepers as that they maye not come 

vpon other mens land to doe them damadgo ; if they doe, tliey 

are to be pounded & tlie owner to answer it at the pertickuler 



878 NIW HATBir COLONY BB00BD6. [1648 

[211] A CouETB THE 2^^ OP Mayb 1648. 

Thomas Hogge was warned to the courte for not oomeing 
to watch on night the last weeke in Aprill, but it apeared he 
had not siifficient warning, so it was passed by. 

Richard Spery was complained of for not comeing to watch, 
but Mr. Goodier answered for hime that when he was neare 
comeing from the farme they wanted an oxe^ the neager said 
he was sicke & left in the woods, so he was faine to goe forth 
to seeke hime least heo sliould be lost. 

Jonathan Marsh was complained of for not comeing to 
watch, he saith he vnderstoode not the warning, for it was in 
the night when he was asleepe, but because William Bussill, 
whoe warned hime, was not in courte, it was respited. 

Old Goodman Willmote and Samuell Marsh tooke the oathe 
of fidellitie. 

James Byshopp was complained of for not comeing to watch 
but it appeared he had not warning, thoughe he was carefull 
to Inquire after it, so it was passed by for this time. 

Mr. Goodanhouse was complained of, and John Fisher, Mr. 
Westerhouse man, for not comeing to watch. They made 
ther scvcrall excuses, w^h for this time, seeing they were stran- 
gers, the court accepted and passed it by, they promising for 
time to come to attend the servic more carefully. 

William Paine was called to make proofe of the charge he 
made against Seriant Munson. Hee saide it was not his intent 
to charge Seriant Munson w'h partiallitie. The Governer 
told hime he charged it so as it must be partiallitie or grose 
negligenc. He produced William Gibbins, whoe saith that he 
tooke notice that some came late, as Henry Lindalle, Allen 
Balle, Goodman Lampson, William Blayden ; but it is long 
sine, and he cannot tell wheither they were complamed of or 
no. John Halle saith he sawe Goodman Lampson and Henry 
Lindalle come late, but wheither they payde for it or no he 
cannot tell. William Paine saith that Thomas Moris came 
w^hout armes, and Edward Campe. William Holt saith so 
allso. Seriant Munson saith he tooke not notice that they 
came wMiout armes, and wheither it were not vi)on some day 


that ho was absent, for lie was 2 or 3 dayes justly hindred last 
summer. And for Henry Lindall and Allen Balle, they were 
not in his squadron. William Payne was tould he had not 
carried it well, for he should have told the seriant of it before, 
and not lett it passe till he was complained of himselfe, and 
then in this distemper to declare it, it did not savour well, but 
he said he was sorey for it. Seriant Munson was told y^ the 
court judged hime faith full in his trust, yett it had the appear- 
anc of negligenc, but they hoped this would be a warning, 
and so passed it by. 

Mr. Evanc tendred an account betwixt Henry Gibbines and 
Mr. Trobridg, wherin it appeared Mr. Trobridg was debtto*" 
to the said Henry 20> 05» 05*^, yett because he is not able so 
fully to cleare the acc« as to make oathe it is so much, some 
paprs being lost, he is content to accept of 10^ as full satisfac- 
tion, and that, he dares take oath, is due to hime at 

Mr. Grane allso demaunds 10^ from the same estate of Mr. 
Trobridg, w^h Henry Gibbins saith was due to hime from his 
master, but being asked if he could make oathe of it, he was 
at a stand, but they were wished to prepare accounts more 
perfectly against the courte of magistrats. 

Mr. Robert Newman, as M"» Wilkes her executo*", hath 
sould and passeth ouer to Robert Bassett the house and home 
lott of M"» Wilkes, w'h what ground aboute the house was 
granted by the towne to Mr. Wilkes. The price, 40^, that is 
30^ for the house and 10* for the garden or orchyard. He to 
take the house wUioute repaires, as it was prised by William 
Andrewes and Thomas Munson ; and what repaires hath bine 
done sine it was prissed, he to paye it beside the 40^ He is 
to paye the one halfe, that is 20*, betwixt this and the 29^*> of 
September next, and the other 20* at or before the first daye 
of Maye next. This paye to be made in corne, cattle or 

John Halle challenge th something of M»^>» Wilkes estate 
as a legacy given by Mr. Wilkes to his wife, but it was 

880 NEW HAVEN COLONY BH00BD9. [1648 

An inventorie of the estate of William Ballo deceased was 
delivered into the courte, and ordered to be recorded.* 

Mr. Sauiuell Goodaiibouse complained of ^ , a 

Duchmaii w°h is servant to Mr. Heury ^ and was 

propareing to riuie awaye from himo, for he had gathered 
many things together for that puipose as liimesolfe coufesoth, 
One before he did run awayo as farr as Farefeild but was 
stayde iuid sent baeke Ijy Mr. Ludlowe, and was brought bo- 
fore the governor hearo and promised amendment, but yett 
returuca to the same course againe. He leaues it w'h the 
courte, dissicriug tliem to showe what favoure tlicy maye. 
The courte considering tliis deluiquent had had warning 
before and promised amendment, and yett now retunies to the 
same euill againe, ordered that he should be whipped, yett 
w'h some modei-ation, seing he is a stranger, and his goveru- 
crs whoc susteyne tlio damadge dissire it. 
["212] II The marshuU tould the courte William Wooden had 
neglected his watch, and by himo sent this answer, that that 
night he was not well and gott another to watch, whomc he 
conceives promised hime, but he deceived himo and the watch 
was neglected, so ho leaues it to tho courte. The court 
agreed that William Wooden be warned to tlie next courte to 
give his owne answer. 

Joseph Gernsye was complained of for want of armes, but 
he not being in eourte himselfe, but sent his answer by the 
marshall, it was respited. 

Mr. Theophilus Higenson propounded to the courte that 
Edward Chiperfeild owed hime xx', he dissiered tlie helpe of 
the eourffl, that he might have it; he was told when the 
estate is setled then the debte muste bee proved, and till 
then it must be respited. 

*"Aq inientorie of theistBte of William B&ll tnkeii Uic 30"' ilaye of the 2''' moaelb 
IMS. X18. 0. 9." by Joehafi AtwBtet and Thomas Kinibcrij'e. 

1648] NBW HAVEN OOLONT BE00BD8. 881 

Att a Generall Court the 22'*» op Mate 1648. 

William Jeanes was admitted a member of this court aiid 
tooke the freemans charge. 

Mr. Wakeman and Mr. Crane were chossen deputies for the 
jurisdiction generall court. 

Mr. Gibbard, Mr. Crane, Richard Milles & Francis Newman 
were chosen deputies for the plantation court of Newhaven 
for the yeare ensuing. 

Mr. William Gibbard was chosen treasurer for Newhaven 
for the yeare ensuing. 

Francis Newman was chosen secrctarie for Newhaven for 
the yeare ensuing. 

Tlioraas Kimberly was chosen marshall for Newhaven for ye 
yeare ensuing. 

The Govemer propounded to the court that they would con- 
sider something aboute the watches, for it is found that as it 
was last setled ther is inconvenicnc in it, because y^ warning 
of the watch is so late that it makes disturbanc in mens fam- 
ilies when they are in bed. The court considered of it, and 
for prevention ordrcd, that the fourc watchmen w^'h are to 
watch, come to that sariants house wher they shall be ap- 
pointed, halfc an houcr after sunn sett, vndcr tlie penalltie for- 
merly setled ; and the first two that come, the sariant is, 
(haveing given ther charge,) to send p^'scntly forth to warne 
the next watch, and so to walke the roimds in ther course as 
before ordred. The other two haucing ther charge from the 
sariant, arc to march to the watch-house, keeping tlie court of 
gaurde, and takeing ther turne to walke the roundes as bee- 
fore ordred. And if it fall out that one or more be absent at 
the time appointed, the sariant hath power from this court to 
goe and take, to supply his p^'sent watch, out of that watch 
w<^h should watch the night following, and they w^h should 
haue watched shall paye halfe the fine for late comeing to them 
that watch in ther roome, and thoughe they come after, yett 
shall returne home againe and watch for them the night fol- 

John Meges is freed from trayning because he is lame, and 


from watcbing in bis owne person, proyided that he hire a 
man to watch, that the sariants shall approve of. 

Thomas Moris because of his occaisions aboute watterworke, 
w^h, by reason of the tide, is sometimes late at night, (vpon 
his desire,) is allowed to hire a man to watch w«h the sariants 
shall approve of. 

It is ordred that those farmers and their covenant servants 
w^'b have no estate in the towne, are for the p^sent, till the 
court see cause to alter it, freed from watching. 

Mr. Gk)od7eare, because his farme is allone and fiur from 
the towne, hath two men freed from watching. 

David Atwater, Richard Mansfeild, is to finde each of them 
a man to watch at the towne in regarde of ther house lotts 

Mr. Goodanhouse farme is respited till the court more fully 
vnderstand from him wheither it is lett or no, and how, but 
his men are to watch in the meane time. 

It is ordred that the Necke be driven this aftemoone, and 
what catle are found that transgrese the order, are to be 
pounded or driven to some yard, and the names of the 0¥m- 
ers and the number of the catle given to the governor. 

John Megcs was chosen clarke for y® trayne band of New- 

Tlic officers for the artillary chosen this yeare was p*'sentcd 
to the court, viz^ . Robert Seely , Captaine, William Aiidrewes, 
Leivtenant, Mr. Chittendine of Guilford, John Nash, William 
Fowler, Richard Beckly, Sariants. Henry Lendallc, Ensigne. 
Richard Myles, Clarke. 

Samuell Whithead is chosen collecto'^ for the coUedge corne 
for this yeare, in the rome of Anthony Tompson deceased. 

Tlie Governor propounded to tlie court to know wheither 
they thought it convenient and would allow, that two or three 
house lotts in the towne should be laide into one, by w^h 
meanes the number of planters is demiuished and the towne 
weakened, and many other considerations; allso wheither 
tliey thinke it not meete, that every house lott in the towne 
finde a watchman, thoughe ther bo no house or no bodey 
dwell vpon it. The court thought it worthy of consideration 


and refered it to the magistrats, elders and deacons, and the 
deputies for the court, as a committee to consider and deter- 
mine of it. 

It was propounded wheither seamen should watch, but after 
much debate and yett no issue, the governer was desired to 
Wright to the governer in the Baye to know what they did 
ther aboute it, and then the court will consider of it againe. 

[213] II The Governer acquainted the court the heares 
ther is some families in the towne want releife, as widdow 
Knowles, widdow Halbich ; the ordred that M' Gilbert & Mr. 
Wakeman joyne w^h the treasurer to consider of their state, 
that they be not put to extremity. 

Lancelot Puller desired the court that they would grant 
him a pec of land to sett a house vpon, vpon the banke side 
by the creeke, betwixt M"* Lambertons house and Sariant 
JeflFeryes. The court chose Mr. Goodyeare, Leivtenant Seely, 
Jasper Crane & Francis Newman to veiw & consider of it, & 
report backe to the court how they finde it. 

It is ordred that order for killing old wolues and foxes w^h 
allowed 15" for a woolfe, and 2" iy^ for a fox be againe in fore ; 
but for younge woolues or younge foxes it is but halfe the 

Mr. Malbon acquainted the court that those whoe were 
appointed to vciwe Mr. Newmans quarter haue don it, and 
find not but the towne might grant the exchange, if ther could 
be a convenient way found to that they would part w^h, but 
that not yett appearing, it was respited. Allso that those that 
were appointed to veiwe one the west side for Mr. Goodyeares 
and Mr. Wakcmans quarters, bcyonde Mr. Malbons meddowe, 
haue done it, and hndc nothing but, if they desire their land 
their, the towne mayo grant it wUiout inconvenienc to them- 

[There was a General Court for the Jurisdiction held on the 81st of May, 1648, as 
we learn from the MS. Records of the United Colonies, (Hazard erroneously gives the 
date as May 3d.) The time for the election of officers for tlie jurisdiction had been 
changed from October to the last Wednesday in May, probably at the preceding ses- 
sion. At this time Theophilns Eaton and John Astwood were chosen commissioners.] 



John Moss passeih ouer to Richard Beech 1 ac, 1 quarter A 
14 rod of meddowe, lying in the west meddowe, one end abut- 
ting on the West Biver, the other end runing into a cove in 
the ypland, betwixt the meddowe of Richard Beech & James 

William Blayden was complained of for not appearing at 
file last generall court, he sayd he heard not the dnune nor 
knew that their was a court, and sayd he could take his oath 
of it. The court, seing they could not prove it, past it by. 

Mr. Cheffinch declared in court that he approved of his 
brother Thomas Ceffinch his will, and accepted of the execu- 
torship, and p'sented an inventorie of the estate of the sayd 
Thomas Ceffinch in court, amount to 3481 00 : 00. prised by 
Josua Atwater & Samuel Ceffinch, the 6^^ of June 1648.* 

Joseph QemsQj was warned to the court and appeared, and 
was complained of for want of armes. Ho made his excuse 
that he was poore when he came out of his time, & sine lie 
hath intended to goe to sea, so hath neglected it, but was tould 
that these excuses would not servo, for though he was poorc 
or went to sea he must liavc armes. For this neglect he was 
fined 5", & if he be not provided in a moneth, it will bring a 
greater fine vpon him. 

Ijcivtenant Sccly, as scalier of leather for the townc, com- 
plained that he saw some leather a dressing that was not seal- 
led nor fitt to be sealed ; he inquired whose it was, the currier 
sayd some of it was Abraliam Dowlitlcs, some John Chidseys, 
some Jn«^ Grcgor}'es. Jn® Megs had none their, but he saw 
a pare of shooes w<^h came from him w^h was made of leather 
grcn and homey, neither sealed nor fitt to be sealed, w*^h was 
but of the threes, yett the pric 2« 8^ or 2» 10«*. 

John Gregory answered that his leather was sealed as much 
as he thought necessary, before this last order was made ; he 
was told it was not sealed at all, but onely cutt for tryall ; and 

4* In the margin, **At a coart x* 4*^ Septm. 1649, y* inTentorie was proved bre oath 
of y* prison fory* Tallew & by y« oalh of y* execotor for y« quandtie.** 


by that cutting it appeared not fully tanned, so not fitt to be 
sealed, and that before this last order he scaled or marked 
other mens hides w*h N. H. wUi a knife, besides cutting them 
for tryall ; that if he had thus sealed or marked this leather, 
it had bine a double fault, in makeing faultie leather into 
shooes, and in falsifying an office trust, scaling that w«^h 
should not be sealed. But he was further told that this 
leather was not sealed, and the last order reached all vnsealed 
leather in any mans house or custody, then he sayd he thought 
the sealer should have come to his house to inquire after 
vnsealed leather ; he was told it was no part of the sealers 
worke, they that had vnsealed leather ought to speake or send 
for them, and so it was generally vnderstood, and others did 
send for him, & Mr. Malbon was instanced in ; then he sayd it 
was his ignoranc, but that satisfyed not. Lastly it was con- 
ceived that from Abraham Dowlitle or John Chidsey he vnder- 
stood that Leivtenant Seely liad found fault w^h his leather, 
as neither sealed nor fitt to be sealed, and yett he had wrought 
it out, or pt of it, into shooes, w<^h beside the injurye to the 
buyers, seemed a contempt of y® authority by w*^h the order 
was made, this he acknowledged not, whervpon his miscar- 
iage was respited till Abraham Dowlitle and Jn^ Chidsey, 
(now abroade,) come home. 

John Meges being questioned for the shooes he made of 
faultie vnsealed leather, and perticulerly for a pare sould to 
Moses Wheeler, pretended ignoranc that leather in mens 
houses should be sealed. He acknowledged himselfe had 
curry ed a pec of leather which lie had in the house, tlioughe 
he knew it was both vnsealed and horney, not tanned. He 
acknowledged that vpon Moses Wheelers importunity he had 
made him a small pare of shooes of that leather ; what pric 
he tooke for them he remembers not, but hee intended if 
Moses Wheeler should after complaine of the shooes, to make 
satisfaction. The court remembering what had formerly 
passed betwixt Goodman Megs and old Goodman Gregory, 
and that at another court sine, Goodman Meges of his owne 
[214] accord had acknowledged || his sinnfull miscariage, in 
makeing and selling deceitfull shooes, w'h such appearanc off 


886 VBir HATESi ooLOfxr bboobds. [1648 

an inwftrd conTiction, uid suitable soirowe, fhat all or most 
that heard him inclined to satisfiiction, was deeplj offended at 
this passage. How many shooes John Meges hath since made 
and sould of such faultie msealed leather they know not, but 
in this one paire sevcrall erills appeare. First contempt of 
authority in breaking an order wherin himselfe w^h others had 
bine advised w^h and had approved it. Secondly, oontinewed 
▼nrighteousnes in selling a small paire of shooes made both 
ypper leathers A soales of faulty leather at so higfae a price, 
not acquainting the buyer w^h any defect, or purpose of any 
restetution if the shooes proved bad. Thirdly much aiq)ear- 
anc of guile in his late repentanc, returning so soone to the 
same sinn for w^^h he had volluntaryly and publiquely judged 
himselfe. Whcrfore reserving libbertie to themselues to heare 
and consider any other mans complaint against (3oodman 
Megges for soiling such faultie shooes, when any such shall be 
brought, the court, for this miscariage, agravated by the fore- 
named circumstances, ordered Goodman Meggs to paye twenty 
shillings to the towne as a fine, beside due satisfaction to 
Moses Wheeler when it shall be required. 

John Jackson, Boniamen Willmot & Thomas Yale were 
coinplaiiiod of for not comcing to watch, but it appeared they 
had not Foasonable warning, and it was l>efore the watches 
were Hotled in tlieir course, thcrfore the court for this time 
piist it by. 

bVancis Hall was warned to the court and appeared, and 
was cM)niplained of for refusing to watch himselfe, and for 
counselling others to refuse it allso, w<^h cariage holds forth 
contempt and a riseing vp against the authority of the place. 

l<^*ancis Hall sayd he spake some words to Seriant Fowler, 
but ho intended no such thinge. Seriant Fowler sayd he sent 
Fnuicis Hall word to come to watch one the third day at night, 
but ho came not, nor any for him, so he hirei} a man to watch 
in his roome; the next day he mett wMi Francis Hall at Mr. 
, Evanc his house, and told him he should have attended his 
watch, but ho hired one to watch for him, and bid him either 
|UiYO him or \^'atoh for him againo, but he answered he would 
diH> neither of them, and was verey stiffe & peremptory, and 


though Mr. Evanc and Robert Martin both perswaded him, he 
would not harken. 

Mr. Ling sayd that John Jones his farmer told him that 
Francis Hall dishartened him from watching, saying they 
should all fare y« better if he, the sd Jn^ Jones, went not to 
watch. Francis Hall seemed to fall vnder it, & saide he rath- 
er beleived Seriant Fowler then himselfe, and doth allso beleive 
what Jno Jones saith, and submitts to the courte. 

The court considered the cariage of Francis Hall, and saw 
it contempt of authority w^h a disrepective cariage to the 
seriant in his place, and such counsell gave to others w^\i as 
in the nature of it tendes to disturbanc in the conmionwealtli, 
therfore ordered that Francis Hall paye as a fine to the towne, 
twenty shillings. 

Richard Myles and Rogger Allen were appoynted to prise 
the estate of William Ives deceased. 

Richard Myles, William Tompson & Mathew Camfeild were 
appointed to prise and vallew the estate of Anthoney Tompson 

A Generall Court the 3^*» of July, 1648. 

Thomas Moris was admitted a member of this court and 
received the freemans charge. 

Mr. Gibbard being chosen the last court. Treasurer for 
Newhaven for a yeare, did now desire the court to make 
choise of another, for he was not fitted wUi abillities to carie 
one that worke to the townes satisfaction nor his owne, but 
would rathfer submitt to a fine and be spared from the place. 
It was propounded to the court wheither they would free Mr. 
Gibbard according to his desire, but the court did againe con- 
firme ther former choise, judging him a man meete and fitt 
for that place, and voted that Mr. Gibbard be treasurer for 
Newhaven for the ensuing yeare. 

The Governer acquainted the court that the heardmen 
have complained to him that y® dry catle, as oxen and steeres, 
do so trouble their heards that they know not what to doe w^h 
them. It was therfore propounded wheither the court would 


not make some order to p^vent it, w^h the court considered 
how to doe, and ordered that if any dry catle or oxen be fonnd 
in the cowes walke to trouble the hoards, the owner of them 
paye B^ a head, beside poundage if they be pounded ; and if 
any quarter or quarters shall agree together to drive out their 
catle or hire a keeper, and any refuse, they haueing had sea- 
sonabic notice therof, the pticuler court shall judg of their 
miscariagc, & order them to paye and beare charges w^h their 
neighbours, according to their proportion. 

The planters one the west side of the towne desired they 
might haue libbertie to fence in tlie oxe pasture laid out 
neare the towne, to keepe their oxen in, and some ppounded 
that that pt next the towne might be lett out to be planted for 
some yeares. The court considered of the propossition and 
ordered, that some be appointed to speake w^h the planters in 
the towne, to see if their may be such an exchange made be- 
twixt those one the east side of the towne, & those one the 
west; the one pt relinquishing their right in the Necke & 
takeing it whoUye in the Oxe pasture, the other leaveing their 
right in the Oxe pasture, and takeing it wholly in the Necke, 
and then, if their be a considerable number that will plant, 
they maye, as they shall agree, fence in some for that purpose, 
provided that they abridge themselues of keepeing tlier. Mr. 
Gibbard & Richard Milles were appoynted for that side of the 
towne, and Mr. Ling & Mr. Ceffinch for the other side ; that 
is Mr. Batons qr., Mr. Malbons, Mr. Newmans, Mr. Cefiinch 
& the subverbs on the other sid the east creeke, that so the 
matter might be prepared for another court. 
[215] II William Andrewes and Thomas Munson were de- 
sired to veiw the pillars of y® meeting-house, that any decayc 
in them maye bee timely discovered and p>^vented. And the 
like was allso desired of William Andrewes {or fo the Necke 
bridge and the West bridge. 

It was propounded to the court wheither they would have 
George Laremore the miliar watch. The court considered of 
it, and seeing it falls out so that some time he is faine to sitt 
vp at mill to supply the towne w^h meale, therfore ordered 
that he should be freed from watching. 


It was allso propounded to the court wheither they would 
free Robert Bassett the drumer, from watching, but the cotrt 
ordered that he be not freed, but that hee watch as other 
planters doe. 

Captaine Malbon propounded to the court that the cullers 
bought by the artillary company, vr^h have bine allso vsed in 
the towne traynings and received some damage therin, might 
be payde for out of the towne stocke and be the townes cullers, 
and lett the artillary have the vse of them in their traynings, 
seeing the townes good is promoved therby. And it was 
ordered that they be so payde for and vsed. 

Veiwers chosen for the fences for the yeare ensuing are as 

Mr. Gilbert and John Walker for Mr. Batons & Mr. Malbons 

Mr. Ling and Robert Hill for Mr. Newmans & Mr. Ceffinches 

William Fowler & Henry Qlouer for Mr. Qibbards quarter. 
Henry Lendall, Thomas Mitchell for Mr. Goodyeares 
Phillip Leek, Thomas Lampson for Mr. Lambertons quarter. 
John Moss, Mathias Hitchcocke for y^ subverbes. 
Thomas Beament, Henry Pecke for the playnes. 
Francis Browne, Mathew Moulthrop for Oyster-shell-feild 
till ye corne be out. 

Thomas Beament was chosen scalier of leather in the roome 
of Robert Preston deceased, and tooke oath that he should 
deale faithfully to scale all leather according to the order w^h 
hath bine made, according to the best of his light. 

William Andrewos desired the court to provide some other 
to keepe the ordinary for he was not able to carie it one, w^h 
they tooke into consideration. 

Thomas Moris propounded to the court that himselfe and 
others imployed aboute vesscUs as carpenters might be spared 
from trayning, because some time many mariners w^h are 
vnder paye attend vpon them, wherby the pric of commodities 
is raysed. The court saw no waight in the argument & ther- 
fore granted it not. But what workemen are imployed as 


oarpenten aboute the great sbipy when it is in hand, are 
spared bom training for that time till she be ready to goe 

Jonathan Marsh desired he might have libbertie to sett yp a 
shop to worke in on his trade, vnder the banke side next the 
watter before his house. The court reffered it to be veiwed 
bjr Leivtenant Seelj, Jasper Crane, Thomas Munson, and 
Francis Newman, and to report to the govemer how they 
finde it, who is to graunt or deney as he shall see cause. 


Samuell Whithead, John Moss, Bogger Allen and Thomas 
Lampson were complaind of for being absent at the generall 
court when the names were read, they made their excuse that 
their cowes were lost the Saboth day before, and they were 
fidne to goe looke them, haueing no other to doe it, and Jn^ 
Moss further saith that they had loaded goods aboard the 
lighter w<^h he apprehended to be in some danger, because the 
winde was high that morning, and thought it his duty to goe 
and looke after them. The court considering that the case of 
them all is extreordinary, & could not be prevented before, 
past it w^iout a fine for this time. 

John Ilall was complained of for absenc at a generall court, 
he sayd he had no warning, & went out in the morning before 
the drum bcate, & knew of no court. William Holt was com- 
plained of for the like & gave the same answer, for he was 
w*h John Hall. For both the court past it wUiout a fine. 

William Bassett was complained of for not bringing his 
armes to y® meeting on the Saboth day vr^h was his squadron. 
He answered that he was changed from one squadron to 
another, and knew not that it was his day, and when he saw 
it was, he brought them in the aftemoone ; but he was told it 
was his neglect who should knowe, but the court findeing it was 
no willful! neglect, agreed that he paye halfe the fine, w<^h is 

Thomas Wheeler was complained of for defect in his armes. 


want of gunsticke, some powder, defective scabbard, w«h he 
confeseth, though for his po' he conceiveth ther was inoughe. 
For these he was fined 18<^, and for late coming to trayning 
w«h he acknowledgeth, I2<i. He was complained of for 
absenc at a squadron trayning, but he answered he was put 
into a new squadron & had no warning, that was past by. He 
was complained of for comeing late w^h his armes on Lords 
day, but it could not be fully proved, wherfore if he can make 
it appeare he cam before the last dinim left beating, as he con- 
ceives he did, the court will consider of it againe, but for pJ^sent 
it is respited. 

[216] II John Whithead, servant to Mr. Crane, was com- 
plained of for want of a pine in the locke of his pec. His 
master saith it was no other defect then hath passed ths 8 
yeares, and could not be mended w^hout a new stocke, and 
the gunsmith sayd it was sufficient. The court for this time 
past it w^hout a fine, but agreed that it should be mended. 

James Clarke was complained offer coming late to a squad- 
ron trayning, & late one Saboth day w'h his armes. Hee an- 
swered the true reason was because his wife was sicke, w<^h the 
court accepted and past it w^hout a fine, but is fined V2fl for 
late comeing in the afternoone one trayning day as himselfe 

James Clarke was further complained of for absenc vpon a 
trayning day when they showed armes. He sayd Sariant 
Munson tooke him away and he thought he would haue bine 
at court to have cleared him, but it was respited, and the mar- 
shall ordered to warn Seriant Munson to the next court. 

John Hall having at a court in July last, 1647, demaunded 
out of the estate of Mr. Wilkes 10^ as a portion promised by 
Mr. Wilkes to his wife, whoc was his servant, as he then proved 
by two witnesses, w<^h proceeding were now reade, and fur- 
ther to confeirme the thinge, he now presenteth Jonathan 
Marsh, whoe testifyeth vpon oath that Mr. Wilkes a litle 
before he went to England declared to him that he had prom- 
ised his maide Jeane Woolen, (now Jean Hall,) a portion, 
and made a motion of marriage to him concerning her, and 
if he accepted it he would paye it downe ; but he cannot 

802 mr haybh ooloht Baoosna. [IMS 

lemember distiiictly wheillier he sayd it was fi^e pounds or 
tenn pounds. The court considered that it is a case that eott- 
cemeth the estate of the deadc, and that Goodwife Hall her- 
selfe is not now in coort to answer to any qnestHm mig^t be 
propounded, and being desierous that the indenture wfaerin 
die was bound to Mr. Wilkes might be searched for and showen 
in court, therfore it was respited till the next court 

Mr. Gibbard was fined for defecte in the cocke of his mans 
gunn 6^ J and for want of at least 1' of bullits 2«. 

John Wakefeild was complained of for not bringing his 
armes to the meeting on Lords day when his tume was. lie 
saith it was one day when his wife was sicke A hindred him, 
or elc one day when he kept cowes, but he leaves himsdfe 
w^h the court. 

John Thomas was too late w^h bis armes one Lords day, the 
reason he saith, was because he had a child sicke and was 
fiiine to goe to Mr. Pell for something for it. The court judg- 
ing it a worke of mercy and necessary to be done, past it by. 

A Court at Newhaven the first op August, 1648. 

Mr. Crane and Francis Newman informed the court, that 
wheras ther have bine and still are certaine questions and 
differences betwixt Mr. Davenport and Henry .Byshop his late 
farmour, w*^h Mr. Davenport would have issued by a private 
arbitration, and for that end hath desired them, one his be- 
lialfe to consider the perticulars wUi Goodman Byshop iii a 
friendly way & to propound refferenc, but Henry Byshop hath 
cuer refused it, saying he would issue his owne matteres him- 
sclfe, w<^h cariage of his, after three monethes of forbearance, 
constreyned Mr. Davenport to thinke of other meanes ; yett 
after a warrant was written, Mr. Davenport, vnwilling to com- 
mence a suit, stayed it, and vpon his request the Governor 
sent for Goodman Bishop and indeavoured to pswade him to 
a refferenc, but could not prevayle, whervpon the warrant 
was served and Goodman Byshop appearing, the court would 
have proceeded, but Goodman Byshop desired respite, because 


some of his witnesses living out of towne were absent, and 
himselfe at p'sent vnprepared for triall. He was told that his 
witnesses were not so farr out of towne but they naight have 
bine sent for & ready since the warrant was served. Mr. 
Crane and Francis Newman one Mr. Davenports behalfe, 
desired that since Gtoodman Byshop is no setled planter, but 
maye remove at pleasure, he maye put in security to the val- 
lew of 60! to satisfye and paye what shall be found due from 
him to Mr. Davenport, wheither by sentence of court or arbi- 
tration, and that if it be by arbitration, Goodman Byshope 
chuse men free from just exception. The court aproving the 
motion, propounded it to Goodman Byshop. Goodman By- 
shop desired y* Mr. Davenpoi-t might allso putt in security to 
him, and that he might have libbertie to except against Mr. 
Davenports arbitrators. The court told him it was not rea- 
sonable that the plantiff, being a man of place and esteeme, 
and haveing a good vissible estate fixed in the plantation, 
after such meanes vsed to bringe the cause to an issue, should 
putt in security to y« defendant whoe is like to be found the 
debto"^ ; but if he could make any just exceptions against Mr. 
Davenports arbitrators, it should be considered. Whervpon 
Goodman Byshop ingaged all the corne vpon Mr. Daven- 
ports farme, wheither in y® bame or abroade, and one mare 
belonging to him of Mr. Davenports breede, 5 steeres & two 
heyfers aboute three yeares old, and 5 cowes ; all w<^h, both 
come and catle, hee affirmed to be free and vningaged at 
pi^sent, and did now in court ingage them to Mr. Davenport, 
by way of security to satisfye and paye whatever shall be 
found due vnto him by arbitrators indifferently chosen betwixt 
them, betwixte this and the next court, or by arbitrators 
chosen for them by the court, or by sentenc, or any other 
waye the court shall order and appointe. 

Robert Bassett a planter in Newhaven, ^ Badger 

boatswaine, Charles Higenson marriner in y® ship Susan, 
whoe had bine comitted to prison for a late disorder, released 
vpon baile and bound to answer at this court, appeared w*h 
Thomas Toby and foure others whoe came lately from Boston 
to worke vpon the ship hear built. The court was informed 



that vpon the sixt day last weeke, after sunn sett, their was a 
disorderly meetting and drinking at the house of Robert Bas- 
set, w<^h continewed, as was conceived, till betwixt tenn and 
eleven of the clocke, wherin ther was severall miscariages, to 
the great provocation of God, the disturbance of y« peace, 
and to such a height of disorder that strangers wondered at 
it, and Robert Basset himselfe confesed he had not scene the 
like since he came. The manner and pticulars were as fol- 

[217] II Some of the Susans company, after their dayes 
worke was finished, comeing on shore mett wUi the master 
and owner of a pinnace lately come in from Boston, and foure 
of the workcmen for the ship builte heare, and John Griffen. 
They went into Robert Bassets and called for sacke. He 


told them he miglit not draw less then three quarts, w^h was 
a most pverse interpretation and abuse of an order, as if the 
court would further drunkennes, forceing men to drinke more 
then they desired, wheras he should have drawne none at all 
in that waye ; the oi'der being expressly made and penned to 
suppress such disorderly meetings and drinkings. No man 
wUaout speciall licence being pmitted to sell wine or stronge 
liqueurs by retayle in small quantities, much less to vse his 
house or cellar as a taverne for company to come in and spend 
their money in drinking wine or stronge liqueurs ; onely if a 
merchant will drawe out a pipe or pec, he might sell either to 
neighbour plantations or to the inhabitants of Newhaven a 
runlet, case of glases, or by the gallon for his private vse, 
but this company, being in number tenn, (besids Robert Bas- 
set himselfe,) Robert Basset drew them three quarts, and 
after in severall pcells, three quarts more at that sitting, by 
w^^^^h means some of the company, (as appeareth,) dranke 
to excess and distemper, and brake into quarrelling and other 
sinfuU miscariages. The owner of the pinnace, in their cupps, 
calling the boatswaine of the Susan, Brother Loggerhead, the 
boatswainc returns threatening language, thenc they grew to 
sideing, pt takeing and chalenging, then the master of the 
pinnace and the boatswaine goeing out of y® house, fall first 
to wrestling, then to blowes, and tbeirin grew to that feircnes 


that the master of the pumace thought the boatswaine would 
have pulled out his eies, and the markcs of the blowes ap- 
peared some dayes after vpon his face ; and in this rage and 
distempr they toumbled on the ground, downe the hill into the 
creeke and mire, shamfuUy wallowing therin ; and had they 
not bine pted, they might have proceeded to further mischeife, 
for Charles Higenson, distempered as it seemes w^h drinke, in 
a way of sideing w'h the boatswaine, grew quarrelsome, wher- 
w*h the owner of the pinnace, being affrighted, rami aboute 
y<» streeto crying. Hoe, the watch, Hoe, the watch, and the 
watch being then in that pt of y® towne walking the rounds, 
made hast and for y« pi^sent stopped the course of y® disorder, 
but in this rage and distemper the boatswaine fell a swearing, 
wounds & hart, as if he were not onely angry w^i men, but 
would provoake the highe & blessed God. After they were 
thus pted, the master of the pinnace went to y® watter side, 
but the season not serving to goe on board, he returned to 
Robert Bassets house, and their the boatswaine fell vpon him 
againe and thcirby frighted Robert Bassets wife & child. 
Robert Basset moved therw^h, thrust the owner of the pinnace 
out of dores & told him (as himselfe confesseth,) that if he 
had him in place where he would bcatc out his teeth, or as 
Thomas Toby, (Robert Bassets witnes,) relates it, lie would 
make him sucke as longe as he lived ; wliich words argue dis- 
temper, and are vsed by drunken companions, so that the dis- 
order was verey great and verey offensive, both to y^ neigh- 
bours, the noyse & oathes being heard to the other side of the 
creeke, and to others who coming thcither observed onely 
some pt of their miscariage. And though it bo not fully 
proved that Thomas Toby was distempered w^h drinke, & him- 
selfe denyes it, yett he had a share in the disorderly drinking, 
and furthered it by drawing, (as himselfe acknowlcdgeth,) 
one quart of the wine when they had had two much before, 
w<^h was the worse in him, haveing bine one before lined in 
this court for miscariage in drinking, w<^h in himselfe and oth- 
ers should have made him more watchfull against such disor- 
This sinfull miscariage being thus opened, and the pticu- 

896 .mnr hatbi ohloiit bmxhm. [1648 

Ian in substeiic acknowledged by the pties llierin ooneeniedy 
the court proceeded to sentenc, and fiisfc finding Robert Baa- 
set gniltie of the breach of a knowne express order of y gen- 
erall court, in snch selling wine andsoflbring company to com 
in, spend their money and sitt drinking at sadi Ynseaaoiiafale 
bowers, all agrayated both by the warning hima^lfr bad in 
John Lawrenson A his wifes case, whoe were fined fi»r a leas 
miscariage in stitHig liquonrs comitted in his honae, and by 
the sinfull efects w^h followed vpon ibis disorderly drinking, 
as qnarreling and fighting w*h disturbanc ci the peace aa 
before expressed, swearing in such a fearfoll manner as might 
justly baye brought downe the wrath of God vpon the swearer 
A that whole company, fir^ting bis owne wife and child, and 
his owne quarreling & threatening, w^h the spirit and in y 
phrase of a man distempered w^h rage or drinke, the court 
ordered him to paye five pounds as a fine to the towne. And 
that ^ Badyard, the boatswaine of the Susan, finr his 
distemper in drinking, his quarreling, fighting, and swearing, 
thoughe Mr. Evanc and Robert Martin testifyed for him that 
his course and cariage hath bine faire & free fix>m swearing to 
their best obserrance sine his first coming heither till this 
pi^sent miscariage, w^h did mittigate the censure, yett the 
court ordred that he paye to the towne forty shillings as a 
fine, and that Charles Higcnson paye 10% and Thomas Toby 
5". Aiid for y« foiire strangers w*^h came to worke vpon the 
ship hear built, their being neither proofe nor charge against 
them for excess in drinking, quarreling, or any other miscar- 
iage, save their becing ui company in this disorderly meetting, 
the court onely advised them to take it as a warning against 
all future disorder. 

Adam Nickholls was complained of for not comeing to 
watch, he answered that he had lett his wat<jh for y® whole 
yeare, and he that he hired fayled him. He was told that he 
must answer for his man & require remedy of him againe, for 
w^^li neglect lie is fined 5". He was complained of for come- 
ing late w^h his armes one Lords day, he sayd that his wife & 
child was sicke ; he was told that if could say that was y« 


reason at this time, ther might be something in it, but he 
could not afirme that, whervpon it was reffered to another 

Henry Pecke 46; Joseph Pecke were complained of for 
comeing two late w*h their armes on Lords day in y® morning ; 
they answered that y® night before they watched & had no 
rest, & when they came home they went to take a litle rest, 
that so they might be y« fitter for y® ordinances & not sleepe, 
vpon w<^h consideration, for this time, y® court past it by. 

M'»" Plimie and Samuell Plume pi^sented in court an inven- 
tory of the estate of Mr. John Plume of Totoket, deceased, 
but because it was not vnder oath of y« appraisers according 
to ye generall courts order, the court accepted it not, but onely 
kept y« copie, inioyning them to bring in one according to 
order y« next court, or elc to show just cause why not. 
[218] II John Hall having formerly pleaded for a portion for 
his wile of 10^ out of the estate of Mr. Wilkes, due to her by 
promise, as did appeare by the testimony of William Paine 
and Bridget Wilkes vpon oath, and at the last court renewed 
his plea, and produced another witnes, viz^^, Jonathan Marsh, 
whoe was allso heard and examined vpon oath, but the cause 
for some reasons then sliowen, was not issued, therfore he did 
now renew his desire that the court would be pleased to put 
an issue to it, and Goodey Hall being present was asked why 
her master Wilkes promised her 10^ if she served out her 
time. She sayd because he knew she deserved it. The in- 
denture wherin Goodwife Hall was bound to Mr. Wilkes was 
called for and allso read in court, wherin it appeared that she 
was to serve him for 5 yeares and to have 3^ a yeare, w<^h the 
court judged competent wages, her passage being allso payde 
for by Mr. Wilkes, so that the act was alltogether free one 
Mr. Wilkes his pt. But he haveing promised and ingadged 
himselfe to doe it, as appeares fully by testimony of y« wit- 
nesses vpon oath, therfore it becomes a due debte to her. Ther- 
fore the sentenc of the court is that Mr. Robert Newman, 
executo"^ of y« estate of Mr. Wilkes, paye to John Hall as a 
debte due from Mr. Wilkes to his wife, 10^ 

James Hayward haveing at a court, December y« 1^^ 1647, 

898 . nnr hatbi oqloht buoub. [1648 

entred an action of defkmatioii agidnst Willtiiii Wooden, w^h 
was opened and witnesses heard and examined, bat then was 
respited by j^ court, whoc waitted for some further li^t out 
of 7' Baye concerning this thing, w^h now being come, James 
Hayward desired that their mi^t be an issue put to it, whei^ 
▼pon the proceedings of that former court was read and a far- 
ther testimony of Benjamin HiU vpon oath, taken before Mr. 
llalbon the 2ot>> of Maye 1648, wherin Beniamin Hill testify- 
eth that he heard William Wooden saye, James Hayward was 
hollowe harted, and if y« church knew that he heard, he 
would not be received againe, and that he would be banished 
if aU was true he heard (or they knewe as much as he,) and 
that he dealt basely w^h him at Captaine Turners, hayeing pat 
a pece of leather of Captaine Turners into his knap-sacke in 
way of spite, James and William being fallen oute, and 
that James charged William Wooden that ho had stole y 
leather, therfore he conceives he put it in, because he was so 
readie to charge him w^h it. Likewise the testimonyes w^^h 
came from the Baye were read, wherin it appeared that the 
things charged by William Wooden and witnessed by John 
Mascall were true in y« substanc, thougho William Wooden 
had 8])rcad them in a defamciug slanderous waye, and taken 
viH)n him to saye that he would be banished, which was none 
of his worke nor place to doe. Likewise James Hayward his 
owne letter now produced, showes that he hatli brought 
an ill rei>ort vpon y® place, reporting things of it that were not 
true. And l)y CJoodman Pery and his wives testimoney vpon 
oath appeares that he dealt not truely in his promises, but was 
false harted towards their daughter, and that he was given to 
disorderly drinking in y« Baye. And by Mr. Noris his wright- 
ing it ai)i)eare8 that he had not caned things fairely w*h him. 
And Goodman Pery and his wives testimoney speakes to that 
purpose allso. James was now asked what he had further to 
saye, and why he denyed that to y^ court w<^h he had written 
in his letter. lie sayd he knew not when he answered in 
court that he had so written, w<^h the court knewe not how to 
beleive. James confessed ther was more discovered by the 
providenc of God then he did expecto, w*^h yett did not excuse 


William Wooden in his slanderous course, w<^h the court 
admitted, and as formerly, so now witnessed against him for 
it. And William Wooden himselfc did acknowledge that the 
manner of his reporting was scandalous, and that he was out 
of his way when he sayd he would be banished, but he left 
himselfe w*h the court. 

Both ptyes haveing spoken what they would in the case, the 
court proceeded to sentence, and ordered that William 
Wooden, for his miscariage in spreding the things in a slan- 
derous way and determining banishment, w^h was none of his 
worke, paye the charges of y« court ; and that James Hay- 
ward, for his owne sinn, beare his owne shame and charge he 
hath bine at in sending and goeing into the Baye, w^h falls 
justly vpon him. 

William Pecke, one of those intrusted to ouersee the estate 
of Robert Preston deceased, desired to knowe if they might 
not paye some debtes that are due out of the estate. The 
court told him, so they paye nothing but what is justly due, 
and what Robert Prestons estate maye beare, they maye. 

A Court held at Newhaven the 5^^ op September 1648. 

John Vincon was complained of for want of aboute three 
quartrs of a pound of buUitts, he sd he knew it not, and see- 
ing he is now provided the court past it by w^h 6^ fine. 

Mr. Ceffinch was complained of for comeing late one Lords 
day w% his armes, & Jn^ Downe his man allso. For his man 
he saith he was necessarily hindred from y« mcetting. For 
himself, he came in before Mr. Davenport, and others was late 
allso, and instanced in Thom : Meekes, but for himselfe he 
was fined 12«*. 

John Downe, Mr. Cefiinch his man, for abscnc at a squad- 
ron trayning was fined 2* 6^ . 

John Herreman was complained of for not bringing his 
armes one Lords day. He said it was because he hath two 
chilldren, and either his wife or he must staye from y^ ordi- 
nances at home w4i them, or elc he must bringe one of them 


400 mw HATBi odLOHT aNxnM. [18A8 

and then cannot bring his armes, but y court judged that 
this was but a common excuse that many might make, and if 
it should be attended the service would be neglected, therbre 
i^reed the he paye y* fine, w«h is 5». 

Martin Tichener was complained of for comeing late w^h 
his armes one Lords day, A allso for want of suitable bullits 
for his pec one viewing day ; but because y« sariants note is 
somewhat imperfect w^^h complaineth of these defects, it was 
respited till next court. 

Henry Gibbons was fined for late comeing one generall 
trayning day (as himself confesseth,) 12(i. And for late 
comeing one squadron trayning Q^. And for not bringing his 
armes to be viewed one morning to the sariants house as he 
had warning to doe, 12^. In all 2% 6^. 

Henry Byshopp for want of some bullits A not being yett 
provided, was fined 12^. 

Peeter Browne for y* like was fined 12<*. 
[219] II The court was informed that Adam Nickholls came 
late w^h his armes one Lords day, but because, it depended 
somewhat vpon the corporalls witnes and he is not in court, it 
was respited till the next court. 

Thomas Meekes was complained of for comeing late wUi his 
armes one Lords day, he saith hoc thinkes he was their before 
exorcise bogane, but leaves himsclfe w*h the court, was find 
12<>. lie was complained of for absenc at the generall trayn- 
ing yesterday, he said he was not well, but it was said m court 
that he was at worko, w^h others tooke notice of and was 
offended at it, for w^h he was fined 5». 

Job Hall for want of some match & a worme was fined 12<* . 

Jeremiah Watts for want of some pc^ & bullits was fined 2«. 

Thomas Lampson being warned to this court for some defect 
in his armes, appeared not, w^h hath a show of contempt, & 
thorfore is to answer it at next court. 

The marshall informed the court that he had demanded 
the fine of Robert Basset w^h was laid vpon him for his disor- 
der, he refussed to paye & said he would have the matter 
scanned oucr againe in y« court. The court ordered that he 


paye his fine betwixt this and 7^ next court, or elc make his 
appearanc then & their to show the reason why he payes it not. 

M"« Plume of Totokett and her sonn Samuell Plume 
brought into y« court an inventorie of the estate of Mr. John 
Plume deceased, amounting to 366^ : 098 : oi^^ prised by Rob- 
ert Rose, Robert Abut & Lawranc Ward vpon oath the 4^^» of 
Septembr, 1648. 

Samuell Plimie pleaded for a portion out of the estate, but 
because the witnesses were not readie, it was respited, onely 
M"* Plume said it was her husbands will that he should have 
100^ & a note from Mr. Swaine signifyed as much. 

Henry Bishop informed the court that he had, according to 
the courts order y* last court, indeavored to gitt arbitratoi^s to 
issue the matter in diflFerenc betwixt him & Mr. Davenport, 
butt could gitt none. He was asked whoe he spake w*h to 
doe it, he named Mr. Wakeman, Mr. Tuttill & Richard Milles. 
The court thought they were fitt men & sent for Mr. Wake- 
man to desire him to take this vpon him, but he was not at 
home. Richard Milles being in court declared himselfe 
vnwilling, but the court agreed that they must chuso some to 
doe it, and appointed Mr. Wakeman & Richard Milles, two 
w<^h Henry Bishop chose himselfe, and Mi\ Crane & Francis 
Newman chosen by Mr. Davenport. But Henry Bishop ex- 
cepted against Mr. Crane to be an arbitrator in this buisenes ; 
he was asked the reason why ; he said he told Mr. Davenport 
that he should except against one of his men that he had 
chosen, whervpon the marshall was sent to Mr. Davenport to 
acquaint him w^h it, whoe brought word againe that he won- 
dered Henry Bishop should make exception against Mr. Crane, 
seeing he hath bine in all the buisnos from the bcgining and not 
excepted against, but Henry Bishop was still called vpon to show 
the cause of his exception, whoe answered if he must needs 
show it he would, provided that what he speakes might not be 
taken ill, for he was loath to speake it in open court ; he was 
told if it was such a private thing as might not be spoken of, 
he might conceale it and onely declare it to Mr. Davenport, 
whervpon the marshall & Henry Bishop were sent to Mr. 
Davenport to declare his reason, whervpon Mr. Davenport 



came to the court and informed the court that the objection 
Henry Bishop makes hath not the fore of a just exception in 
it, for it doth not show any thing of vnfaithfuUnes or partialli- 
tie, for the thing was this. Mr. Crane gave his apprehension 
in a case in question vpon the farme, what he thought the 
doeing such a thing was worth, and now Henry Bishop saith 
lie can have it done by a workeman for a great deale less, and 
yett he spake liut his judgment and if an arbitrator may not 
doe soe, to what end is their any? 2<^^y, Mr. Crane and 
Francis Newman have stood arbitrators for him above a 
quarter of a yeare, and he accepted them but then would 
not joync others w^h them, and for that he said he told Mr. 
Davenport he would excepto against one of his men, it 
was not a posse tive exception, but vpon occaision of Mr. 
Davenports words to him that he y® sd Henry Bishop must 
chuso men wUiout exception, he answered by way of retort 
saying it may be he should except against one of his men, and 
in yo issue it appeared that y® exception was in prising the 
stubbing of the ground, in w^h Francis Newman had a hand 
as well and equall wUi Mr. Crane, and therfore the exception 
must lye against them both alike, nor doth it yett appeare that 
the thing will be done as it ought to l)e to fullfiU y^ covenant 
for so litle as Henry Bishop tliinkes it will. It was propound- 
ed to tlie court wheither they judge the exception just w*^h 
Henry Bishop makes, but the court declared themselues that 
it is not just, & therfore Mr. Crane must stand an arbitrator 
for Mr. Davenport. And the court ordered tliat these foure 
men, viz*^, Mr. Wakeman, Mr. Crane, Richard Milles & Fran- 
cis Newman doe take the case into their hands and consider 
of it, and, if they can to the satisfaction of Mr. Davenport and 
Henry Bishop, issue it, if not then to informe themselues so 
fully that they maye be able to informe y^ court how it stands, 
that they maye have what light they can further to proceedc. 
Mr. Pell was warned to this court and appeared ; he was 
told it was for two reasons, first to take the oath of fidellitie, 
2*''>', to paye in y*^ fine of 10^ laid vpon him y^ last court of 
niagistrats. He said for y^ oath, he had taken it in England 
and should not doc it hcarc ; he was told no more is required 


of him then others doe, yett if he had any grounds against it 
he might propound them, or elc if he would considr of it ho 
might. He said he desired to considr of it. For his fine of 
10^ he was asked if he had takeirany order to paye it, he said 
no. Mr. Goodyear said he hoped he would. Mr. Pell said 
he knew not. He was asked y« reason, he said he should be 
silent for he had given oflFenc heartofore w4i speaking, but y® 
court desired an answer, wheither he would paye or no, but 
his answer was that he desired to be silent. 
[220] II William Judson informed the court that aboute 
this time twelue moneth he hired John Knight to be his ser- 
vant whoe was then w'h Francis Hall, haveing three weekes 
to serve as he the sd Knight said ; and he gave him earnest 
that he should come to him aboute 14 dayes after Michelltido, 
and he expected him accordingly but he came not. He asked 
Francis Hall why he came not, he said because he owed him 
money. William Judson told Francis Hall that he would 
paye his debte, yett Hall would not lett him come, wherfore 
he desires the justice of the court. 

John Knight saith that he agreed w^h William Judson & 
tooke earnest to serve him so soone as he was free from Fran- 
cis Hall. 

Mr. Ling saith that ho heard Jn^ Knight sayc that if Good- 
man Judson would paye the money heo owed Francis Hall, he 
was free from him. 

Francis saith that he could prove that John Knight was to 
doe him servic for the money he owed him, but his witnes was 
not heare. 

William Judson saith that Knight told him that he owed 
Francis Hall something, but not service. Francis Hall was 
asked how much Knight owed him now, he said he could not 
tell justly, but he thought five or six pounds. The case stand- 
ing as it doth, the court advised them to agree it thcmselucs, 
and in conclusion they both agreed that Francis Hall shall 
kcepe Knight a moneth longer, & that then he come to Good- 
man Judson, and that William Judson paye to Francis Hall 
for Jno Knight what shall appeare to be justly due to him, in 

404 mnr saybbt oomast SMona. ISMB 

a oonTenient time aocordiiig as the Hutne diaU i^peate to be, 
A that the charge of this p^sent court be borne betwixt tiieni. 
The court declared themselues that whoesoeuer hath Jn« 
Knight must put in securitie tiiat he shall be fortfaoomeing 
when the court calls for him, A Francis Hall promised he 
should be ready at y^ courts call, elc he would answer for him 
A be lyable to what sentenc the court should inflict ypon him 
if he &yled hearof. 

A Geneball Court the 9^^ of October, 1648. 

Jerric Boykin was admitted a member of this court and rec 
ye freemans charge. 

The Govemer propoimded to y« court to know what corse 
they would take to prevent the damadge that is done in come 
A meddowes, for he heares great complamts ; their are orders 
in force, but wheither it was not necessarie to make some 
stricter order aboute swine and fences, or that some other 
course might be taken that these damadges might be preyent- 
ed, and wheither they will debate the matter now or chuse a 
committee to prepare the matter against another court; but 
every one might now propound what way he thinkes of, that 
if they chuse a comittec they maye consider it. The court 
agreed & voted to chuse a committc to consider and prepare 
the matter aginst another court. The committc chosen are, 
the court, Mr. Tuttill, Mr. Gilbert, Mr. Robrt Newman, John 
Copr, Jeremiah Whitnell, Henry Lendall, Mr. Wakeman, Jn® 
Gibbs, Thomas Powell, Robert Johnson, Leivtenant Seely, 
Mathcw Camfeild, Sam : Whithead, Jervic Boykin, Jn«> Tomp- 
son, William Davis, Jn^ Vincon, Mr. Gilbert, David Atwatter 
for y« faimes. Tlie towne was desired to informe those whom 
they have chosen that all things maye be fiiUy considered & 
debated when the comlnittee meets. 

The court chose the Magistrats and deputies as a committc 
to dispose of Oyster shell feild for common & publique advan- 
tage. Leivtenant Seely propounded for 5 or 6 ac* for a place 
to shott at a marke vpon, w^h is allso refered to y^ same 

1648] NBW HAYia^ GOLONT SB00BD8. 405 

Waiiam Andrewes whoe keepes the ordinary, propounded 
to 7® court that he might have some helpe afforded him for 
the better carying of it one. He was wished to acquainte y« 
court w^h what he desired; he said, first a convenient house 
neare the watter side. 2<^^y, 100^ of provission laid in and 
he would returne it againo to y® towne so soone as it pleased 
Gk)d to inable him, w<^h was taken into consideration to be 
prepared against another court. 

The Groverner acquainted the court that the commissioners 
have ordered to commend it to y® severall generall courts, 
that wampome should not be forced vpon any man for pay- 
ment w^h is not |in some measure suitably stringed, & if any 
stone wampom be p"^sented, it be broken. 

A Generall Court the 18^»» op October, 1648. 

Ephrahim Penington and John Walker were admitted 
members of this court and received the freemans charge. 

Edward Parker & Jn^ Walker had libbertie to depart y® 

The Qouerner acquainted the couii; that the committee they 
appointed the last court to consider aboute swuie & fences 
have mett & considered of them, w^h the issue of w<^h consid- 
eration the court was acquainted, and after much debate it 
was ppoundcd that to prevent damadge by swine & fences, a 
publique pounder would be the best way, whoe should be 
vnder oath to looke to all y® come feilds in y® townc, to pound 
hoggs & catle, & view y® fences, & warne men of their defec- 
tive fences one a weeke, & the man most fitt for this trust and 
imployment the court conceived was Jn® Coppr; but y« 
things being divers and weightie, and lecture time drawing 
one & ye court of magistrats sitting in y® afternoone, it is 
reffered to another court. 

406 mm WLTtn ooloht mooml [1618 

[221] A Oenebaix Ck^DRT the 80^^ op Ociobeb, 1618. 

John Cooppr was desired to acquunte the oonrt wlieitlier 
he be willing to be a generall poonder for the towne. He an- 
swered yea, so that the towne would sett him in a way what 
to doe A how he might be payde. He was desired to aoqiuunte 
the court what he desired, he sd iff he made it his whole im- 
ployment he could not doe it vnder SO^ a yeare, but the court 
thought not meete to laye forth so much yearly vpon this 
worke, therfore it was propounded that he might sp^id two 
dayes in a weeke to view all y« fences, A pound catle A swine, 
A that for his paye he might have 2^ ypon every ac' of land 
that is improved for come w^hin j^ two mile, and thai he gitts 
for pounding catle beside, w^h was propounded to Ju? C!oppr 
and he accepted it. Whervpon the court ordered that for y 
yeare to come Johir Goppr be publique pownder for y^ towne, 
to be vnder oath to view the fences aboute the come feilds 
belonging to y« towne w^hin the two mile, one every weeke, if 
no extraordinary providenc hinder. The time for his view is 
left to himselfe, so as maye be most for j^ benifite of the sov- 
erall quarters, and to tell every man whose fenc is defective 
one every weeke, but if any man hath had warning of his fenc 
to 1)0 defective, & it is not mended before the next weeke ho 
view againe, (their being a weekes time Ixjtwixt his view,) the 
fine to be 12<^ for every post & length of rayles that is defect- 
ive or downe, & 6<* a time for Jn'' Coopprs comeing to tell 
them, and if yet it be neglected it is counted a contempt and 
they must answer it at the court ; and what damadge comes 
by it to Ijo p^ by yc owner of the fenc beside. ^Vnd for his 
payo the court ordered & he accepted, that he have 2*^ for 
every ac*" of land wUiin the two mile that is improved for 
corne, house lotts or other, and what swine or catle he pounds 
according to order, to have the poundage beside, w^h is order- 
ed to bo 4<* a beast as ox, steere, cow or calfe, & 12<i a horse, 
& for swine according to the order following ; and thoughe 
the swine or catle of any sort w^\\ transgrese the order be not 
powndcd, but tho owner told of them, they must paye as if 
thoy wore pounded. 

1648] NSW HAVEN COLONY BE00BD6. 407 

It was propounded and desired by divers that no swine 
might be kept but what men will keepe vp in their yards, or 
elc if they keepe them abroad, then at such a distanc as they 
maye not doe damadge to cornefeilds or meddowes, and then to 
goe vnder keepers ; and that both at towne & at y« farmes ; 
and after much debate of the matter the court ordered, that 
whosoever keepes swine in the woods must have keepers and 
keepe them 8, 10, or 12 mile distanc from y« towne, that they 
come not to doe damadge in cornefeilds or meddowes ; and 
they w^h keepe swine in y® towne, or at the farmes, shall 
keepe them vp in their yards, that they goo not forth to doe 
damadge, vnder the penaltie of 12<i apec for each default, & 
the damadge beside. But if hoggs straye out into y© woods, 
or gitt out of a mans yard into the street accidentally & 
against his will, then the penaltie to be but 3^ apec, to goe to 
him that pounds them or brings them home. This order to 
take place a moneth henc, till w^h time the former order 
stands in force. 

The putting in catle into y® severall quarters is left to them- 
selues to order. 

It is ordered that if any man in his owne yard or ground 
make a penn or yard to keepe swine in, if it be against his 
neighbours fenc, he shall maintayne the fenc so farr as that 
yard or penn reacheth, that his neighbour be not danmifyed 

Jno Coppr desired that the pound might be removed to a 
place neare his owne house, that it might be more convenient 
for him to pound swine or catle. The towne was rather 
willing to make a new pound nearc his house and he, the said 
John Coppr, oflFered to sett vp one as bigc as that w*^h is all- 
readie vp, (substantially & strong,) for 60s, w<^h the court 
agreed to & was willing to allowe him. 

The Qoverner propounded to the court that seeing what had 
bine done concerning the absent lotts to dispose of them doth 
not issue the thing, for though they was willing to abate part 
of the rates past & to vallew the fenc as it is now worth, yett 
men accepte not of them, wheithcr theirfore the will not 
thinke of some other waye, either by themselues or by a 

408 mm Himff oqlomt noomm. [1648 

oomittee, to dispose of them. The court considered of it and 
diose the magistrats, elders and deacons, and one out of each 
quarter in the towne, viz^. Francis Newman, Mr. Crane, 
William Andrewes, Jervic Boykine, John Ponderson, Mr. Gib- 
bard, Bichar Milles, Leivtenant Seely, Mathew Camfeild, as a 
committee to whome the court gives full power to consider A 
dispose of the absent lotts as they shall see cause. 

Mr. Evanc propounded to the court that he might have 
libbertie to make a wharfe aboute the pointe agamst Phillip 
Leekes, and a bridg ouer the creekes mouth their, so as they 
might come to vnloade a boate at halfe tide. 

Leivtenant Seely propounded allso tliat he might have lib^ 
bertie to make a wharfe theraboute wher the shipp was built, 
{hat they might vnloade a vessell at any time of y« tide. It 
was allso propounded that a slue might be made at the creekes 
mouth against Phillip Leekes to keepe vp the watter, that so 
jBhey might wear a channel, and a wharfe built ther to vnloade 
goods vpon drye at any time of y« tide. It was desired that a 
comittee might be chosen to whom they would reffer the con- 
sideration of these matters, to whome any that propound to 
doe any such worke might repaire for resolution, and the court 
chose the magistrals and deputies, Mr. Evanc, Leivtenant 
Seely, Mr. Rudderford, Robert Martin, and they have libbertie 
to call in any others y* they thinke may give y™ light in these 

The towne was desired to bring in their rates to ye treasurer 
w% speed, elc they must looke to be warned to the court. 

William Andrewes desired the court that they would pro- 
vide some other to keepe the ordinary, clc furnish him w^h 
100^ and a convenient house. Mr. Evanc said tliat himselfe 
& foure more would lend him 5^ apec for three yeares freely, 
w^h was looked vpon as a kind offer, but that wovdd not an- 
swer, and some proposition was made concerning John Herri- 
mans keeping of it, and aboute the house was M' Lambertons, 
vpon w<^h occaision it was reffered till Mr. Goodyeare came 

They which are to have land on y® east side were desired 


to bring in ther names whoe they are that they maye have it 
laid out. 

[222] II Mr. Robert Newman againe propounded to know 
wheither the court was willing to exchange one third part of 
the land belonging to ther quarters w4iin the 2 mile. The 
court desired the committee before chosen to view that land 
to view it againe, that they maye be fully informed & be able 
to give light to the court whoe will considr it. 

John Coppr is to begine to view & looke to the fences 
pi'sently, and when he gives warning to any quarter that hee 
will view the first time, they are to goe w^h him, to show him 
every man his fenc, & if they shall neglect, they shall paye 12<* 
a man. 

It is ordered that this day fortnight waights & measures & 
stillyards are to be viewed and tryed by those whoe are ap- 
pointed for that purpose, at the meeting-house, by 8 a clocke 
in the morning. And betwixt this & then the marshall is to 
goe aboute the towne to mens houses & take notice whoe have 
waights & measures, & what, and give a noat to those appoint- 
ed to view. 

At a Court held at Newhauen the 7*'' of Nouember, 1648. 

Sariant Fowler complained that his squadron came not to 
traync according to y^ court order. Hee was asked if the 
drume beate, he said no, thoughe the drumer knew his duty 
and ought to attend the townes order, the court said it was 
true, for he is a towne officer & vnder paye. 

Robert Basset the drumer being in court answered, that he 
was about the shipp worke, but was told that was no excuse, 
he said the shipp worke freed other men and why not him, 
but was told their was no ground for it, for he is an officer 
vnder paye, and ought to have attended his worke, and if his 
occaisons had called him from home he should have gone to 
the sariant & intreated him to have gott another to drume. 
He said he thought he should have had warning from the 
sariant, but was told it is not the sariants worke, but he should 
doe his owne worke and attend it. The court witnessed 



ntm BAYwm couxsr 


•gahut thin his ne^eet bat past h by toft Htm time, w4oHt • 
fine, A allso freed the squadrai. 

Bobert BaMet was oomidaiiied of for absenc at tvo geBerall 
euuris, he aiunrered that y* reason was because he was ini|ilaf- 
ed in druming to call the ooort together, A went bat home to 
breakefast A came againe presently, but the names were called 
before he came. The coart considered his excose A freed him. 
He was advised that one squadron dayes he beate the drome 
aboute those squadrons that are to trayne that day. 

Ttie will of William Ives deceased was presented in court, 
made the 9^^ of Aprill, 1648, witnessed and Tnderwritten by 
Richard Milles A Bo^;er Allen, whoe now in court testify that 
tiio said William Ives was in a state fitt to make this will A 
did make it/ 

AUso the inventorie of the estate of the said William Ives 
amounting to 98> : 04 : 00^, prised by Richard Idles A Bogger 
Allen vpon their oath, the 22«i> of September, 1648.t 

William Basset whoe is neare the manage, (they being con- 
tracted,) of y« widdowe, was called to put in securitie to j* 
court for the estate, that the chilldren of William Ives maye 
have thoir portions duely pd, according to y« generall courts 
order, but he desired respite till y® next court w<^h the court 

William liusset was complained of for absenc at the generall 
traynin^ yesterday, he sd it was because he had some haye 
w'h did lye vpon the stroyc, ther behigmany catle lying at it, 
that if he liad not fetched it that day it would have bine eaten 
vp & spoyled, & he had Indeavored to fetch it the weeke be- 

* Will of Williuin Ives mndo April 8d, 1648. 

H« inakcM }iis wife solo executrix and gives her tlie use of all his goods, house and 
land lor tlio bringing up of his small children — gives to his son John the house and 
land Ht 21 yonrn of ngo, to his three other children when tliey come to 20 year^ of age 
our cow npioce or its vulnc, to his wife the rest of his estate. 

If the I-.oni should take away any of the daughters, then that portion shall fall to 
the youngest son, and if the Lord should take away the eldest son, then it shall fall to 
the youngt»st son at 21 years of ago. 

The mark of WiUlajn Ives, witnessed by Richard Miles, Roger Allen. 

t In the margin, " y i^^ Scptem. 1G49. Rich. Miles & Roger Allen confirmed vpon 
oath what they before testifyed concerning William Ives his will, and y« 6**" of Novm. 
1040, the executrix tooko oathy^ to ye best of her light y* inventorie p'Mnted is a trne 
invent, of her deceaiod hnsbands estate.** 


fore, but it was so wett that he could not ; the haye was scarse 
worth the fetching, but his necessitie required it for preserving 
his catle, w<^h things the court considering, past it by w^hout 

John Nash was complained of for absenc at a generall court 
the 9i*» of October, he sd he had lost a cow vpon the last day 
before, and was faine to goe seeke her, & as soone as he came 
home he came to y« court, w<^h y« court accepted & past it by. 

Mr. Ling was fined 12<^ for absenc at a generall court. 

Mr. Ling, Mathias Hitchcocke, Jn^ Wakefeild, Henry Car- 
ter, Joseph Nash, Mathew Row, Edward Keely, Joseph Pecke, 
Nickholas Elsy, all was too late in comeing to trayning yester- 
day in the afternoone, but they said they was their before the 
bodye moved, w^h as the capt' said was longer before it moved 
then it vsed to be, yett because it hath bine y« vsiall course to 
count no man late till y« bodey hath bine removed, the court 
past it by for this time. 

Sariant Andrewes was complained of for absenc at trayning 
yesterday, he answered he was constrayned by his occaisions to 
goe to Milford to end a buisines w<^h should elc have come to 
this court, w<^h was waightie as the govcmer knowes. Mr. 
Evanc should have gone the sixt day last to have ended it for 
him but was prevented, so that he had no day but yesterday 
to goe. The governer said he knew the buisines and it was 
waightie. The court considered the case & past it by, but 
advised Sariant Andrewes to attend trayning carefully for 
time to come. 

William Gibbons was complained of for absenc at two gen- 
erall courts, for the first of them he saith he will paye the fine, 
for the other he was not well & could not come, wherfore 4;he 
court past it by. 

The will of Anthony Tompson* deceased was presented in 

♦ *• A wrighting presented in court, for the last Will and Testament of Anthony 
Tompson deceased, made March 28d, 1647/' 

Gives to his eldest son his inheritance, house and laud and meadow he had given 
him by the Town, (only the house, his wife is to have during her life,) and ten pounds 
when he comes to eighteen years of age. To his second son, Anthony, the land and 
meadow he bought of brother Clarke, and ten pounds to be paid him when he comes 
to the age of twenty-one years. To his daughter Bridget, what he had by his former 
wife and fifteen pounds, to bo paid her at the age of eighteen years, provided that she 


court, made the 23'»> of March, 1647, witnessed and vnder- 
writteii by Mr. John Davenport, pasto"^, & Mr. Bobrt Newman, 
ruling elder of the church of Newhaven. 

Likewise the inventorie of the estate of the said Anthony 
Tompson, amounting to 236^: 18«: 10<^, prised the 26^*» of 
September, 1G48, by Richard Milles, Mathew Camfeild t 
William Tompson vpon ther oath. And ^ Tompson 

the widdowe of the deceased called to put in securitie for the 
chilldrens (H>rtions, but because y« court would not put her 
v|K)n it suddenly, they reftbred it to y^ next court. 

William Basset paseth oner to Mathew Camfeild two ac'" 
of meddow, one ac of it lying in the west meddow one this 
side the river betweene the meddowe of Richard Osborne A 
Thomas Knowles, and the other aC" lying in soUatarie cove, 
& 84 ac^* of vpland in the subverbes quarter, on this sid y« 
West River. 

Henry Loyne was complained of for absenc at a generall 
trayning, but Mr. Crane desired that it might be respited till 
next court, w^'h was granted. 

[223] II John Bcnham was complained of for being absenc 
two generall trayning dayes. Hee answered that the first of 
them he was their in the morning, and after he had answered 
to his name, newes came that ther was many oxen in his corne, 
he went to Mr. Goodveare and desired to be excused but he 
refussed, so he was forced to goe to save his corne; he was 
asked if he came againe, he said no because vpon the last day 
before he left a cart w4i baye w^h stoode aboute the necke hill 
in hazard & he went to looke after that ; for the other day, 

dispose of herself in marriage with the consent and approbation of her mother and 
the elders of the church then being. 

The remainder of his estate to his wife ; if she marry again his other daughters to be 
provided for with equal portions as his other daughter hath, with the advice of the 
elders then being. 

To his brothers William and John Tompson, each ten shillings as a testimony of his 
brotherly love. 

His wife is made sole executrix. 

John Davenport and Robert Newman certified that this writing was his nuncupa- 
tive will. Presented to the court of Magistrates the 27th of May, 1660, not allowed as a 
legal will, but it was ordered that the wife of the said Anthony Tompson should ad- 
minister upon the estate, according to the paxticulan in this writing contained, per 
Francis Newman, Secret. 


his corn was gathered & laye m hazard of bemg eaten vp <& he 
was faine to goe gett it home, the weeke before being wett 
that he could not, yett he went to y« captaine & company to 
giv him libbertie, but they left it to y® court. For y« former 
day the court past it by wholly, and for y® latter ordered that 
he paye halfe y« fine for absenc w<^h is 2» : 6^. 

Beniamen Willmott was complained of for absenc one 
trayning day and for late comeing another trayning day. He 
said his absenc was because he had haye that laye vpon the 
spoyle, ptly by the tide & ptly by the raine, & if ther had 
come more wett before it was stirred, it might haue bine quite 
spoyled, & that day being faire he went to looke to it. For his 
late comeing he knowes not, but if it was too late it was very 
litle, but he submitts to the court. The court told him it was 
many mens case then to have haye lye vpon spoyle by wett, 
w<^h attended the trayning ; the court for his late comeing 
ordered him to paye the fine w<^h is 12<^, & for his absenc that 
he paye halfe y« fine w<^h is 2* : 6*^. 

Mr. Qoodanhousen & Mr. Westerhousen by Mr. Evanc 
made a request to the court that the bond wherin they stand 
bound to the court in 1000 gilders for the three prisoners that 
runn awaye to the Dutch, might be remitted, but was told 
that because it was done, thougho in this court, yett w*h the 
assistanc of two other magistrats, it must be retfered till a 
court of magistrats, or till two magistrats sitt heare w^h this 

James Till was warned to this court to attend aboute an 
action to be tryed betwixt Richard Pery & Jn«> Megs, but ap- 
peared not, w«h the court looked vpon as a contempt w^h he 
is to answer for the next court. 

The court ordered an attachment vpon Jn® Meggs his corn, 
viz**, 10 bushell of wheat, and that it be not removed out of 
Mr. Perys barne till y® difiercnc w«^h is betwixt them concern- 
ing the barne be ended, and what Mr. Pery owes 3r\9 Meges 
he must paye. 


A Geneball Court the 20^*» op Nouember, 1648. 

The Govcrner acquainted the court w*h & read a letter w«h 
he had received from y committee of both houses of parli- 

The Governer informed the court that the committee ap- 
pointed to dispose of the absent lotts hare mett twice and 
considered of them, & thinke meete that the rates past be 
forborne, & the fenc pd for as it is now worth, & the first 
survaye, and that if any to whom any part of them is disposed 
of shall w^hin five yeares remove out of the towne, then they 
shall rcturne the land backe againe to the towne, therfore 
those that find themsclues straitened maye give in their 
names, that so men maye be acconmiodated so farr as the land 
will beare. 

Mr. Evanc, Mr. Yale, Mr. Atwater had libbertie to depart 
the court, & Robrt Basset & Mr. Auger. 

Mathew Camfeild came late, but the court past it by be- 
cause he was forced to goe looke after some catle. 

The court was informed that the order made last couii; con- 
cerning keeping vp swine was much objected against & taken 
ill by divers in the towne, wliervpou it was againe propounded 
to the court if they would alter it, l)ut the court would not 
])ut confirmed it for a yeare. 

The marshall complained that Goodwife Lampson was very 
troubelsom to his family, and she had bine long at his house, 
and sees litle amendment <t desired he might be freed from 
this trouble, whervpon the court wished Tliomas Lampson to 
take her home or elc gitt another ))lace wher she might be 
ke])t & looked too. 

It is ordered that every quarter, or quarters that lye togeth- 
er, shall, w'hin the compase of a weekc after this court, 

* This letter i> retorrcfl to in ** New Haven c;i<;c statc<l," and was " for treeing the 
several <li>tinct colonie.'^of New l:]ngland from molestation by the appealing of tn)iiblo- 
somc .spirits unto England, whereby they declared that they had dismissed all causes 
depending bctorc them from New England, and that they advised all inhabitants to 
submit to their respective governments there established, and to acquiesce when their 
causes shall be there heard and determined." The letter was signed by Pembroke 
W. Say and Seale, Manche-ter, Fr. Dacre, &c., Warwick, Denbigh. 


meete together and setle & marke the fenc so that the viewer 
maye know every mans fenc w^hout further trouble, and for 
neglecte hearof, the quarter or quartrs shall paye 20«, vnless 
they can layc it vpon some pticular man or men, for his or 
their stubbornnese or refractaryness, w^li the pticular court 
shall judge of. 

John Hall, William Paine, William Holt, Nathaniel Meri- 
man, Henry Morrell, desire to liave their land on y® east sid, 
betwixt the red rocke & Mr. Davenports farme, & the court 
ordred that it should be laid out together that they maye plant. 

John Coppr tooke oath to be faithfuU in the trust committed 
to him in viewing fences and pounding catle, according to y« 
courts order, w^hout partialitie or respect of psons. 

A Court held at Newhaven the b^^ op December, 1648. 

Henry Peck was complained of for absenc at' a generall 
court, he said his wife was sick and that was the cause, vpon 
w^^h consideration he was excused. 

Robert Pigg was complained of for absenc at a generall 
court, he sayd that it was a wett morning that the drume could 
not beat aboute townc & he heard it not, but he came as soone 
as he thought it was time, whervpon he was excused. 

Richard Pery declareth that wheras the last court their was 
an attachment laide vpon tcnn bushells of the wheat of Jn« 
Megs w<^h laye in his, the said Richard Perys barne, and not 
to be removed out of the barne till y® rent of y® barne was 
satisfyed for to the sd Richard Pery, yett contraric to this he, 
y« sd Jn<* Megs, hath removed and disposed of the wheate. 
[224] II John Meggs answered that he thouglit their should 
have bine an actuall attachment laid vpon the corne, therfore 
he fetched some of it home and thought their would have bine 
twenty bushels more, & so disposed of three bushells more, 
that when they came to winowe, their proved but aboute 7 
bushells, and he hath indeavored to gett corne to make it vp 
but could not. The court told him they wondered at his ex- 
cuse and it oSended them much, to saye their was not an 


actuall attachment when the court layd it tfaemadiies ud 
needed not to send any officer to doe it. Further the govern 
ner informed the court that Jn<> Megs was w^h him and com- 
plained that the hoggs came into the bame and spoyled his 
come, & it would not be safe to leave so much come their 
threshed. The govemer told him that he might therfoie 
leave it at Mr. Perys house as he threshed it, but he objected 
against tliat, therforc was told he might leave it w^h the 
treasurer, but he did neither, but contrarie to all order caiyes 
the corne away & disposeth of pt of it, which cariage the 
court looked vpon as contemptuous in John M^s against the 
court, and should after deale wUi him for it. 

Further the plaiitiffe declares that their was an agreement 
betwixt his wife & James Till, servant to John Meggs, for 
one pt of his barne, for j^ rent of w<^h he was to have wheat, 
and for the vallew they both reffered it to his father, Mr. Mal- 
bou. James Till was called, whoe saith that hee being ser- 
vant to Goodman Meggs, went to M"* Pery & desired she 
would Ictt him her barne, she saide not all, he sayd then haUe, 
she sayd yea, she said she must have come for it, he sayd she 
should, she said not rye, he said no but wheat and good wheat, 
she said she knew not the pric but would reffere it to her 
father, to w*^h he agreed, so he hired halfe the barne & half 
y" leantoo on y^* side ; notwOistanding this agreement, the 
plant pleads that the defendant will not paye him corne but 
saith though he promised to satisfy, yett not in corne. 

.John Meggs answered that his man tooke it before before he 
knew of it, but after M*^'* Pery came to him (vnderstandiug 
James was his man,) and asked him if he would see the rent 
for the barn payd, he asked her what it was, she said she could 
not tell, he asked what it was lett for last yeare, she sayd she 
could not tell, he sayd what she had last yeare he would give 
her this yeare, wUi w<^h she was satisfyed. After this M*^'* Pery 
came for shooQS, both to make & mend, and had what she 
desired, she said she had no wampom, he said it was no mat- 
ter, it should goe towards the rent of the barne & she was 
satisfyed, and Mr. Pery, after he came home, came for a paire 
of shooes & had them, but said he had no wampom ; he, y* 


sd Jn9 Megs, answered it was no matter, it should goe to- 
wards the rent of the barne, and he objected not against it, 
and they neuer spake of corne but one time when they was 
dressing, M''« Pery said, Goodman Megs, can yow spare me 
any wheat, he said no, she sayd James promised corne for the 
barne, he said ho had none to spare. 

jjri« Pery said she know not of any such bargaine betwixt 
(Joodman Meggs & her, either for the rent or for the paye. 

Wherfore Jn<> Megs was called to make proofe of these 
things, first that the rent was to bo as it was lett the last yeare, 
secondly that they was content to take other paye y* corn. 

Goodwife Meggs testifyeth vpon oath that her husband asked 
IfriB Pery what the rent of the barne was, she said she could 
not tell, he said to her, looke what others pd last yeare he was 
willing to give, & M^^** Pery said well, well, seeming to be sat- 
isfyed. Further this deponent saith that M"^»« Pery was wil- 
ling to take the shooes she had in pt of payement for the rent 
of the barne, and that Mr. Pery had afterward a paire of 
shooes for himselfe & was willing, to her apprehension, to take 
them vpon y« barne acc° 

John Hall servant to Jn® Megs testifyeth vpon oath that 
M^i* Pery had a paire of shooes of his master & said she had 
no money at that time aboute her. Jn<> Megs said it should 
goe in pt of payement for the barne, she said well, well, seem- 
ing to be willing that it should be so. 

William Hooke testifyeth vpon oath that Mr. Pery came to 
Goodman Meges for a paire of shooes, he said he had no wam- 
pome to paye at p^'sent, Goodman Megs said lett them goe in 
pt of the barne, Mr. Pery said well, well, & went away seem- 
ing to be content & yeilding a full consent, ui his apprehen- 

John Megs was called to show what the barne was lett for 
the last yeare, but could not, whervpon the court was in- 
formed that Thomas Wheeler senior whoe hired that part the 
last yeare, could informe, whoe was sent for & cam, & testi- 
fyed to y« court that he hired that pt of the barne last yeare 
w^h John Megs hath this yeare & agreed w^h Mr. Pery and 
pd him for it seaven bushells of wheat. 



Richard Pery saith forther that the Bhooes he had of Jn* 
Uegs is prised too deare, he asked 4* &> for shooes that he had 
better of another for 8" 6^. 

The sentenc of the court is that the shooes Mr. Perj hath 
had of Jn<> Megs, being dnely vallewed by Ldvtenant Seelj'ft 
Thomas Beament, be deducted, the rest to be pd to Mr. Perj 
in wheat, after the rate of seaven bushell for die whole, and 
that the charges of the court be borne equallj betwixt tiiem. 

And for the contemptuous cariage of John Meggs to the ooort 
in refussing to fullfill their order in the attachment laid vpon 
the come the court fined him xx*. 

Widdow Tompson was called to put in secnritie for her 
childrens portions, but she not being fit it was respited. 

William Pecke was complained of for absenc at a generall 
court, he answered he was not well to come, whervpcm the 
court past it by. 

William Baset was called to put in securitie for y* portions 
of his wives chilldren, but it was respited. , 

James Till was warned to this court to answer for his oon* 
tempt in not appearing the last court; he saith tiiat he 
acknowledges he was served w^h a warrant to appeare at the 
last court but did not, but haveing a lighter load of haye to 
empty went about that, w^hout asking leave of any magis- 

Thomas Barnes informed the court that he served a war- 
rant vpon James Till two or three monethes sine, but he could 
not gitt him to appeare, but hath allway shifted him of one 
way or other, but this he hath to inform the court against 
[225] II him, that he, the said James, stole a si the w^h he 
left in the feild, taking it of from the snath and vseing it as 
his owne, w^'h charge James Till owneth & acknowledgeth it 
to be true, and that he had slandered Thomas Barnes by 
reporting that he did but take his sithe as he, y« said Barnes, 
had taken a grubbing axe of his, whenas Thomas Barnes had 
borrowed the axe of James Till as he now confesseth. Allso 
Mr. Gibbard, the treasurer, informed the court that James 
Till found a dead woolfe in the woodes, & cut of the head and 
brought it to him to be payde for it, saying he had killed it by 


siting a gunn, and gott a noate of him to receive 15' for it 
& therin by lying deceived the towne whose order is that those 
that kill woolfes, (& not find them dead,) should be pd for 
them, w^h lying and cheatting James Till could not denye. 

The sentenc of the court is that for his contempt of the 
court in not obeying the warrants served, he paye 40* fine to 
the towne, for the sith that he make double restetution, y« sith 
being vallewed at 4'', for his lying, cheatting and slandering 
that he be severly whipped, and the he acknowledg the wronge 
he hath done to Thomas Barnes in slandering of him, & that 
he sitt in y« stockes as long as the weather will pmitt w^h res- 
pecte of mercy to him, thall that pass by maye see what man- 
ner of pson he is. 

Jno Coppr informed the court thaf their is a great deale of 
fenc lye downe about Mr. Evanc hs farme, belonging to divers 
men w<^h have hired the land. The court ordred that it be 
made vp w^h speed. 

Jno Coppr complained that having pounded 3 mares of 
Robert Pigs, he could not gitt his paye because the fenc is 
downe. The court ordered that Robert Pig paye John Coppr, 
and after seeke his remedy of the fenc that is downe. 

Mr. -Malbon desired the help of the court in a difierenc 
betwixt Mr. Evanc, Mr. Groodanhousen and himselfe, concern- 
ing a horse that he, the sd Mr. Malbon, bought and after sold 
to Mr. Goodanhousen. The case was this: Mr. Malbon 
bought a horse of Goodman Ford of Windsore, to be pd in 
merchantable wampome vpon demand, but if in his jurney 
from Connecticote to Newhaven ho liked not the horse, he 
was to paye Goodman Ford 6* 8^ for his jurney & send y® 
horse againe. After Mr. Malbon came home he liked the 
horse & intended to send him to the Barbadoes, but he was too 
bigg to goe in y® vessell; Mr. Evanc desired to haue the 
horse, Mr. Malbon was willing and told him the termes of 
payement, he said he would paye it, but after a litle considera- 
tion refussed him, so then the horse was sold to Mr. Goodan- 
housen for such paye, to be pd to Goodman Ford vpon demand. 
Goodman Ford sent one and had it not, after sent againe by 
Goodman Meggott ; Mr. Goodanhousen profi^red him beavoi* 

490 KMT HJLTn ooLinnr wmxmm. [MIS 

bat tfaef ooold not agree Tpon tennes, ao lie -went aw«f wv- 
pajde. Mr. Westeriurasen sajd that Tpon lEr. Goodanhooaen 
desire he oflfered to paje Goodman Ford at Conneetieote in 
oonunoditiee, but he refiused them, (this was in Aognal last.) 
Mr. Westertioosen then told him that if he went to Newliaven 
his man should paje him in wampome according to agree- 
ment, so he came to Newhaven in the midle of Sqitefli next 
to the faire, but never called for the wampom though it laye 
readie. After Mr. Westerhousen asked him the reason, he 
answered because now he required dami^es ftr want of his 

The court considered the p^^mises, and ordered that Mr. 
Westerhousen paje to Mr. Malbon for Goodman Ford, eleaven 
pounds in merchantable wampom, and for the damadges it is 
reffered to be considered afterward, the charges of the court 
to be borne by Mr. Westerhousen or Mr. Goodanhousen. 

Mr. Pell being ordered by the last court of magistffata to 
attend this court, A being a fine of twenty shillings then laid 
▼pon him, appeared not, but Mr. Leach being in court said he 
was ordered by Mr. Pell to informe the court that it was 
against his judgment to take an oath, therfore could not doe it ; 
he was asked if Mr. Pell sent the fine of twenty shillings by 
him, he said no, therfore it was looked vpon as a contempt in 
Mr. Pell. 

William Judson desired libbertie to send John Knight out 
of the jurisdiction, the court told him he might if he would 
vndertake to have him heare by tomorrow senit, but yS he said, 
would not suit his occaisions, therfore he would not send him. 

John Meggs became suertie for James Till, & binds himselfe 
in 10^ to deliver him at the prison to the marshall tomorrowe 

Hariant Munson informed the court that he was aboute 3 or 
4 monthes sine accused in this court by Captaine Malbon that 
ho had vpon a tfayning day come to the company & taken 
awaye some men & said he would answer it, but the thing was 
not true. But the thing was this, Mr. Davenports sellar was 
to be stoned, &^he massons had appoynted to come to worke 
on the second day from Guilford, w<^h was trayning day hear, 

1648] Nirvr haven colony records. 421 

Mr. Davenport spake to him to gitt helpe, & come A yndersett 
the house, & prepare it so that the men might goe to worke 
when they came. He told Mr. Davenport it was trayning day, 
therfore would have done it vpon the last day before, but Mr. 
Davenport was not willing to haue his house lye open vpon 
the Saboth day, but said, lett him gett men and he would 
freely paye the fines if the towne required it, so he spake to 
two or three before whoe helped him in the worke, but he 
came not at the company that morning. 

Mr. Malbon answered that he cannot name the pticular 
pson that told him, but he was sure he was told- so, & when 
the company came to his house for the cuUars, their was 
much stirr in the company about it & they was offended at it, 
insomuch as some said if this was put vp they would trayne 
no more. That their was a great stirr in the company aboute 
it, Leivtenant Seely, Ensign Newman & the clarke & others do 
witnes, but that Sariant Munson was at the company that 
morning they cannot sayo. 

The court told Sariant Munson that it seemes their was 
some mistake in the buisenes, but had he caried it so highly 
as to take men away and saye he would answer it, they should 
have bine much offended at it. 

Mr. Evanc, attumey for Phillip Galpin, informed the court 
that aboute a yeare agoe Mr. Pell, as Mr. Leach his agent, 
was ordered by this court to paye to Phillip Galpine, or elc to 
the treasurer, a certayne some of money due from Mr. Leach 
to j^athaniell Drapr for wages in his servic, and given by will 
by Nathaniel Drapr to the said Phillip Galpine, w^h is not 
payde, A now Mr. Leach himselfe being pi^sent refuseth. 

Mr. Leach was called to show the reason he pd it not, he 
answered that he had payde it allreadie to Mr. Sellicke in the 
Baye, & it was given him by another will of Nathaniel Draprs 
made after this will wherin it is given to Phillip Galpine, as 
appeares by the oath of one Goodwifo Tillson of Vergenia, 
now p'sented in court. 

Mr. Evanc saith that this Goodwife Tillson whoe is the wit- 
nes is a ptye, & had a part of Nathaniel Drapprs estate, 5* at 
least, as Mr. Sellicke acknowledgeth, and he desired libbertie 


of tlio court till Aprill next to bring in oath of the trueth of 
it, w*^h was granted : 

[226] II The court required that the money be pd according 
to order. Mr. Leach desired tliat he might not pt w^h anj 
more, seeing he had paide it allreadie, w^\\ the court was will- 
ing to forbeare, provided he put in securitie, and he ingageth 
himselfe, the house & home lott, and six ac'* of land he bought 
of Thomas Kimberly, for the money, w<^h is aboute eleFcn 

Mr. Evanc declared to the court that according to the court 
of magistrats order and his ingagment, he now p>'sented Jer- 
emiah How to the court & hoped he should be freed from his 

The Governer told Jeremiah How that ho heard sine the 
court of magistrats that he went to Mr. Goodyeare to have 
the irons taken of, but he refused, and that he told the mar- 
shall beforehand that if the prisoner* escaped it was not his 
best way to deliver the letter, so that it seemes he thought 
beforehand what to doe. Jeremiah How answered that Mr. 
Goodyeer beuig at watter-side, he asked him if the irons 
might not be taken of, & for the not delivering the letter, 
those words was occaisioned by the marshall, for when he 
brought the letter, Mr. Kitchell of Guilford was by, and Jer- 
emiali How said that the letter might be a snare to him, to 
deliver it if the prisoner should escape, and the marshall said 
agauie ho ho])ed he had more witt. The marshall acknowl- 
edgeth that he spake words to that purpose, for w<=h he ^ was 
reproofed, but saith that they was first occaisioned by Jere- 
miah How, but Jeremiah acknowledgcth that in his hart, out 
of a foolish pitty to y** man, he was willing to his escape. 
The governer told Jeremiah How that he had deneyed this, 
he answered that he remembers it not, he desired to have 
favour shownc him in his fine, but for that the court reffered • 
it to y« court of magistrats. 

John Moss atturncy for John Charles declared to the court 
that aboute three yeares sine or more, Jn^ Charles sold vnto 

♦ The prisoner, James Turner, was a fngitive from the Dntch. See appendix Q. R. 


Jno Megs a certaine quantitie of hides, to the vallew of aboute 
fourty pounds, to be paide for them the next Michellmas fol- 
lowing, but cannot gett his paye for them to this day, therfore 
desires the justic of the court. 

John Meggs answered that he bought 26 or 27 hides of 
John Charles, and he was to paye for them when they were 
tanned, w^h hath not bine till now, & now he intends to paye. 
The plantiffe replyed that the tanner saith that some of Jn° 
Charles his hides, & y^ the best of them, hath bine tanned long 
sine & fetched awaye by J\\^ Megs, and that these w«h now 
Jno Megs saith are Jn" Charles his hides are the last of a 100 
hides w<^h were a tanning, of w^h Jn^ Charles his hides were 
but a part; but it appeared that the matter was not readie for 
tryall, the plant' wanting some witnes w^h maye give light in 
tlie case, and the defendant deneying what is alleadged. The 
court refered it, but in the meane time ordered that if Jn® 
Megs can put in securitie in leather for 40', w<^h is to be laid 
at M. Gilberts, & pd for to 3n^ Charles as it is fetched away, 
and damage beside for the time it hath bine due sine Jn^ 
Charles went into the Baye, or if he have not leather inoughe, 
if M. Gilbert, whom Jn® Megs propounds will be bound for y« 
rest so that the debt may be secured, that then Jn° Megs 
have the leather in question, if not, that then the leather be 
attached & not medled w'h till Jn<> Charles come home, which 
his wife thinkes will be next weeke. 

Mr. Malbon informed the court that aboute 3 yeeres sine 
Edmund Tooley showed him a note vnder Jn<» Dillinghams 
hand, wherin Jn^ Dillingham testifyeth that Lawranc Watts 
told him that if he dyed before Edmund Tooley he would give 
the sd Edmund his estate. 

A Generall Court the 3^^ qp January, 1648. 

The Gouerner informed the court that the deputies whom 
they appointed to looke to their publique workes for the towne 
have called workemen together & considered this meeting- 
house & find that three of the pillars are rotten & should be 

4SA wmm MAJMB ooumr wmoom^ pLMft 

EopflLjed w*h new ones, allso y« gnrandBells are rotten A 
naedes new ons, beside the raine beates in at the sides and 
needes to be chipboarded; they hare allso considered w^h them 
of the charge, & find, as hj anoate given in by the workemen 
aiqieares, that it will be above 80', beside some other charges 
dt ropes, vnderpiniug the groundsells, A worke aboute the 
seates, A what elc they cannot foresee. Now the charge being 
so great, they were willing to advise w*h the towne aboate it, 
to know wheither they will have these things done, and how 
they can pvide paye to discharge it. 

It was propounded by some wheither it might not be fop- 
b(»iie another yeare, the workmen were desired to speake A 
informe the court. William Aiidrewes said that he thought 
it was not safe to defer it another yeare, and Thomas Munson 
said* that he durst not give counsell to deffer the repairing of 
it. Jn^ Basset propounded some other way how it mig^t be 
done and not take awaye these pillares to put new in, A allso 
for less charge, whervpon the court ordered that the worke- 
men doe agaiue meete, viz*', William Andre wes, Thomas Mun- 
son, Jervic Boykin, Jn** Bassett, Robert Bassett A George 
Laremoro, Jonathan Marsh A Thomas Moris, A that Jn<> 
Wakefeild kccpc the mill till Geo: Laromore attend this meet^ 
iug & bo jxl hj ye towne for it. Tlie workcmeu are to con- 
sider wheither the house maye staye safely another yearo 
wMiout repaires, if not then how it maye be best done for most 
safty to the towne and least charge, allso wheither the tower 
A turrett maye safely stand and will not in a short time do- 
caye the house, and if taken downe, then what will be the 
charge of that and to make the roofe tight & comely againe, 
and when these things are prepared ther maye be another 

It was desired that if any in the court knew of any place 
wher their was good tr^es for clapboards, they would informe 
that they might be for the townes vse. Sariant Fowler a 
Phillip Leeke spake of some they knew of, and Sariant An- 
drewes was ordered to goe along wUi them or any other that 
knowes of any, A sett the townes marke vpon such trees as are 
fitt for the townes vse, that no bodey elc may medle w^h them. 


It is ordered that the court w^i Mr. Evanc & M. Wakemau 
audit the treasurers acc<> for y« yeere past. 

The govemer informed the court that a while sine the ptic- 
ular court was informed of a miscariage of Sariant Munsons, 
that hee came to the company A tooke awaye some men vpon 
a trayuing day morning to goe to worke to Mr. Davenports & 
said he would answer it, but he saith the thing was not so, 
therfore if any in the towne can charge it vpon him they are 
desired to speake, if not that then ho maye be cleared & men 
be more warey how they expresse themselues, but none spake 
to charge him but rather to cleare him & so it was past by. 

It was desired that all that have a desire to have any of y« 
absent lotts would ^ve in their names to y« secretario & what 
they doe desire & where. 

[227] II It was propounded that some course might be setled 
about an ordinarie, William Andrewes said he was vnprovided 
& vnless the towne aflForded him help he could not keepe it. 
It was then said that Jn^ Herriman hath bine propounded and 
is willing, whervpon the court ordered that Jn" Herriman and 
his wife keepe the ordinary for this towne till the court see 
cause to alter it. 

William Andrewes was asked if he desired any time to 
keepe it still to clear things of his hand, he said no, but onely 
libbertie to drawe a pipe of wine w*^h he is to have of Mr. 
Westerhousen, w^h the court granted. 

John Harriman was asked if he had not drawne wine 
w*hout order. Mr. Goodyeare said that they had for him 
drawne wine for the seamen w^hout order, but he submitts to 
the court. 

The towne was informed that next second day it is appoint- 
ed that armes shall be viewed heare at the meeting-house, 
therfor the was wished to make their ftppearanc. 

A Geneball Court the 8^*» op January, 1648. 

The workemen that were desired last court to view the 
meeting-house & consider of the best way how it might be 


426 mnr hatbi aaasr nowaa. [1618 

repaired for y* sapporting of it, Williajn Andmm apake for 
hiroBoIfo and the rest A said, that they ooneeived that the best 
way was to put in aome halfe pillars, w*h a cmoe beam and 
braces w°h should vphold the roofe «Qd streogthen tiie hooafty 
and so lett the old pillars ataud stiU. It vaa propounded bj 
some whether the putting in of now pillars would not be as 
cheape and better, wherrpon the workemen conndered of it 
againo, aud againe delivered therjudgmeuts that the bertinix 
to doe it was w*h halfe pillars and lett these as be vp stand, 
wbervpon the court ordered that it should be so done. The 
court desired to Icnow what the charge wonld be, William 
Andrewes said they had conridered of it A thought that beside 
the stoning Tnder the old pillars, they stoning rader ttte new 
woike they now sett vp, the charge would be 20'. 

The treasurer propounded that Aprill rate mif^t be paid 
beforehand, but the court was not willing till the former 
treasurers acc^'* was audited. 

William Jeanes was freed from the court to goe to mill fbr 
the townea ocasions. 

Robert Hill propounded to the court that he might be freed 
from trayning, but the court thought it not meete, but ordered 
that he attend traynings as others doo till some furtlier weak- 
iiesa appearo vpon him. 

It was propounded that wampome w=h is not goode might 
goc at 7 a penny and that w<=h is good tradcing wampome at 6 
a penny, but it was respited to further consideration. 

John Cooppr acquainted the court that he finds great diffi- 
cultie in viewing fences, because some are gone out of towns 
& others a gocing, & leave none to take order aboute their 
fences, (and the treasurer added, nor aboute payeing ratos,) 
wherby great damadgc comes, and )io knowes not whether to 
goc to have it helped ; Hher was mentioned Thomas Fugilia 
lott. Job Hall, John Gregory, Samuell Willson, Thomas James 
&. some of Millford. The court thought it worthy of consider- 
ation, and ordered the marshal! to waiiic Jobe Hall & Sam- 
uell Willson to come before the governer that some order 
might be taken w'h them before they goe, and the secretarie 
had order to wright to Thom: James & Ja° Gregory & those 


of Milford that haue lotts heare, to come & take order aboute 
ther fences & rates. William Bradley was to be warned to 
come A speake w*h the governer aboute Abraham Smiths lott, 
and Allen Ball being p'sent said for Thomas PugiUs lott Mr. 
Eranc had order about that. 

A Generall Court the 31^^* op January, 1648. 

The Governer acquainted the court that the comitte they 
appointed to dispose of the absent lotts have done it, and now 
(though they left it wholly to the comitte,) they thought good 
to acquaint the towne w'h what was done, that it might be 
entred vpon their heads whoe accept it & rates pd accordingly, 
& that for the outland of the second devissiou & the mcddow 
of M, Roes lott & M"" Eldreds, it is not disposed of, but the 
comitte thinkes to dispose of it to men fitt for farmes to gett 
corne and breed catle for the publique goode. A note how 
the land was disposed of was read to the court and approved, 
& y« termes it is granted vpon is in fo: 223. 

Phillip Leeke said he accepted not of the six ac" allotted to 
him out of M"^** Eldreds lott, and Joseph Nash refussed three 
ac" granted to him ther. Andrew Loe desired the 6 aC" 
Phillip Leeke refused, and Jn^ Vincon the three ac^" Joseph 
Nash refussed, and the court granted them ther desire in it. 

The Governor acquainted the court that he heares notw^h- 
standing the order aboute fences, men take not care to doe 
what they might to keepe them vp so as to keepe catle out of 
the corne, whervpon the court ordred as a confirmation of 
their former order, that those w^h haue had ther fence defect- 
ive before this time be warned to the next court, & if it be not 
sufiiciently mended before y« next court following, that then 
they be againe warned to y© court & a more severe fine laid 
vpon them for such neglect. 

Mathew Camfeild desired the court would grant him a small 
pec of meddow w<^h lyes at heither end of the west meddow, 
ouer against the oyster bankes, aboute two or three ac". 

Richard Beech desired a small pec of meddow in a cove on 


7« west side next liis owne, but it was said in j« court that it 

is lotted out.allreadie. 

Thomas Munsoii, Jii^ Basset, Robert Basset, William Peck, 
Tliomas Mitchell desired they might have some meddow 
granted them out of a pec w^h lyes by Livtenaut Seelyes, 
noare y® blacke rocke. 

Richard Millcs desired that he might have his meddowe 
w*'h lyes in sollatary cove exchanged for so much in Oyster 

Leivtcnant Seely and Jn<> Brocket were desired to view 
these sevcrall pcells of meddow and report to the court how 
they find them ; they are to be pd for their paines by them w«h 
shall Hauc the meddow granted to them. 
[228] II Mr. Crane desired the court would consider some 
course that good bulls might be bred and they w^h breed them 
might have just consideration for them ; the towne was desired 
to consider & j)reparc it against next court. 

John Livermore acquainted the court that he desired to 
exchange his land at the west bridge for that granted him out 
of Mr. Roes lott, but was told that the land in M. Roes lott is 
granted to him vpon the condition as other lands are granted 
out of the absent lotts ; that is, if he remove in five yeeres out 
of tlio townii it returnes to the towne againc, but for that at 
the west bridge, if he would exchange it he should hauc as 
much granted to him as nearc and convenient. He desired to 
consider of it tt lie would toll y- governer. 

The towne was desired to see they ])e provided of ladders, 
elc thcv will fall vndcr tlie line. 

Saniuell Whithead is a])])ointed to goe wUi Jn° Coppr to 
view and judge of fences, w*ii are good & w*'h not, and to val- 
lew tt })rise the fene belonging to y*-* absent lots what it is 
wortli at ])''scnt. 

The governer acquainted the court that the comittee they 
api)oiuted to dispose of the absent lotts (vpon William An- 
drewes & Jn" Coo})prs recjuest,) desired Mr. Crane, Richard 
Milles and Francis Newman to viewe some meddowe one the 
east side w^ h tliey desire, it lying neare ther vpland, they in- 
tending and Sariant Beckly to goe to live ther. And the said 


viewers informed the court that ther is some meddow neare 
ther land and some further of, maye be to 7^ quantity of 40 or 
50 ac" ; allso some vpland grase, two or three mile of from 
them, wher it maye be some haye maye be cutt, w^h they 
thinko the court maye grant w^hout prejudice to them. But 
because the court would not grant they knew not what, they 
appointed Jn<> Brockett to goe w*h some of y™ w^h could show 
him what they desire, and take notice both of the manner of 
lying & place & quantity & report it to y« court. 

Leivtenant Seely propounded to the court that he might 
haue libbertie to goe abroade if opportunity p'sents, for some 
time to provide for his family, though it should for the p'sent 
take him of from performing his place as he is leivtennaht, but 
it was respited to another court. 

A Court held at Newhaven the 6*^ op Peburaby, 1648. 

John Herriman was called to answer for drawing wine by 
retayle, before he kept the ordinary, w'hout order. He an- 
swered he did it for Mr. Goodyere, but wherin he hath done 
any thing contrary to order he leaves himselfe wUi the court ; 
he was asked if he did not owne the thing, he said ther came 
severall that pleaded necessitie, and said they could not be 
supplyed elc wher, w<^h had some, & he did lett the seamen 
w^h worked aboute the shipp have some betwixt meales, but 
he was told if he would confess no more, it might be proved 
that he sold out of y« house, out of cases of necessitie, for 
Robert Bassett sent and had wine two or three times, he said 
he knew not that Robert Basset had any but vpon M. Good- 
yers acc^, but was told yes for he sent his money for it. He 
said he left himselfe wUi the court, but because Mr. Goodyere, 
whoe is somewhat concerned in the thing, is not now in court, 
it was respited. 

The court declared themselues that JnP Herriman paye his 
fine of 6» laid vpon him before by this court for not bringing 
his armes to y® meeting one Lords day. 

John Walker, Jn^ Harriman, William Andrewes, Christi- 
pher Todd, Mr. GKwdanhouse, Mr. Evanc, Mr. Westerhousen, 

480 nm H4TBr oolort noona. [IMS 

Robert Hill, SamueU Willson, Mr. Attw«tter, James BoaBdl, 
Thomas Wheeler, William Davis, M"« Gregson, Mr. CKlbert, 
William Pecke, Richard Mansfeild A Edward Fiurker (18 in 
all) each of them fined 12<> for not bringmg their vaights A 
measures to be tryed rpon the daj appojnted. 

Samuell Willson passeth oner to Thomas Powell his house, 
home lott and bame, and all the commonadge w«h belonged 
to him by baying that house of Edward W^elsworlh, w«h was 
all but a quarter pt, w<^h he sould to Jeremiah Whitnel befbare. 

Samuell Willson passeth ouer to James Bishop 6 ao^* of 
land lying in the Yorkesheire quarter, betwixt die land of 
Thomas Powell and Thomas Wheeler. 

Chnstipher Tood passeth ouer to John Tompson the house 
A home lott, w*h all y« meddow A ypland he boi^;ht of Mr. 
Higginson, excepting 9 ac'« in y* S*' devission w^hin y two 
mile and the comonadge. The severall pcells he passeth is 24 
ac* in the necke,* 1 pec of meddow of 6 ac", be it more or 
less, A 20 ac'* in the 2<> devission. 

Francis Browne passeth ouer to Henry Olover 10 ac'* of 
land at tlie plaines, lying betwixt the land of Ralph Dayton 
A tho common. 

Edward Wiggelsworth passeth ouer to Cliristopher Todd 
10 A ac" of meddow lying in y*^ east meddow, on this side 
the river, betwixt the meddow of Mr. Goodanhousen eastward, 
& Thorn: Fugill westward; and 2tl ac" of vpland lying 
against it, and foiire ac" and a halfe in the necke. 

Luke Atkinson passeth ouer to Richard Beech all his med- 
dow in the west meddow beyond y« river, betwixt Hartford- 
sheire quarter ife Richard Beeches wives lott, w<^h was Andrew 
Hulls, one end butting vpon the river, y« other end runnning 
into the further cove. 

John Moss passeth ouer to Mathew Moulthrop 3^ ac"^* of 
vpland on y« west sid. 

Richard Beech passeth ouer to Mathew Moulthrop one ac 
& a halfe of meddow lying, 1 ac^ of it in y*^ west meddow on 
this sid y« river, fronts vpon Mr. Lambertons vpland, y« rcare 

* In the margin. " This 24 nc' is pt of y« 2(i> devlsion & is but 8«i an ao rats.** 


to y« river, a highway through y« meddow to y® north, Mathew 
Molthrop on y« south, ^ ac"^ in SoUatary Cove not laid out. 

Mathew Moulthrop passeth ouer to Henry Glover ojl ac' of 
the same meddow. 

Mathew Molthrop passeth ouer to Richard Osborne his 
house, home lott and barne, before the governer the 27^** of 
January 1648. 

[229] Widdow Halbich delivered into the court an invento- 
rie of the estate left by her husband, Arther Halbich, deceased, 
amounting to 43* 14« 10**, prised by Rogger Allen and Samu- 
ell Whithead vpon oath, the 31'^ of January 1648. 

Widdow Tompson, the late wife of Anthony Tompson, de- 
ceased, being called to give in securitie for the portion^ given 
to y« chilldren by her husbands will, doth in court ingage the 
house, land & whole estate loft by him, for securitie. 

William Basset whoe hath married the widdow of William 
Ives deceased, being called to give in securitie for y« portions 
of the chilldren, according to the will of William Ives, doth 
in court ingadge the whole estate w*^h was left by him y« sd 
William Ives, & will not alter any of it till he acquaint the 
court w^h it & put in as good an estate as he shall dispose of. 

Francis Browne was complained of for absenc at a generall 
court. He said he conceives it was aboute the fery w<^h oca- 
sioned it, whervpon the court past it by. 

Jno Cooppr informed the court that Mr. Malbons quarter 
had not marked ther fenc, whervpon they was fined 20», w<^h 
was after remitted by y« generall court. 

William Bussells was complained of for absenc at a gcner- 
erall court. He said he was at worke at y« shipp, vpon w^h 
ground he was freed, by a generall courts order. 

Mr. Leete & Mr. Jordan, atturneyes for y^ towne of Guil- 
ford, informed the court that allmost a yeerc agoe ther was a 
sentenc past in this coiu't against Mr. Jn^ Cefinch, for a some 
of money due to y® towne of Guilford for ccrtayne rates, w^h 
some hath bine sine scverall times demanded, but Mr. Cefinch 
refusseth to paye, whervpon the proceedings of that court was 
reade, wherin it appeared that Mr. Cefinch for want of i>roofe 
was cast in his suit, but now saith that he can prove that that 

OS wm mam €mjmw wmmmm. [1MB 

«4er MMle at GviUbid, 
chat if aDjr went smjr, hb 
tawnmpiad tomreaD 
s letter Cram Henir Goldliiiii of GniUotd, wkoe Iwtii y elfc 
tberin that the order wm that if aarnu vaacallBd tovfr- 
flKire oat of the towne, not ditiporiitg of his TCW ii Mwi i ti o wi , it 
should remaiM in the plantatioos hand to j« pajenent of aD 
rates in genendl, till the owner fispose of it other wnjes. 
Further Mr. Cefindi saith he hath other proofe, hot in o du c eth 


Mr. Leete A Mr. Jordan rqdjed that it vaa not ao, but 
onely for ministers maTntainanc A that th^ can fHore alrand- 
antly by the planters in the towne whoe did make flie order, 
none w^hout two or three desenting, wherof Mr. Gefindi iras 
one. And the ocaaon of that meeting makes it appeaie, wr«h 
was not aboute towne rates but ministers maintaynane, for it 
was when Mr. Higginson was vpon comeing to Oinlfordy he 
desired to know what certainty he should be at for his main, 
tayiiancy and desired the towne might meete A consider of it, 
so Uiey did, and after men had mderwritten what they would 
give, it was propounded how this they had mderwritteA should 
1m; paido, in <;a»c any did remove out of the plantation. Mr. 
ImoM anHwcrcd for his pt he was willing, in case he did 
remove out of the towne, to leave his accomodations vnder 
the |K)wer of the place to make vse of as they shall see cause, 
to wjcure that w^h he had vnderwritten ; and aflter, the towne 
f(<5nerally spake that they was willing to doe so. Mr. Cefinch 
objected that the order was not penned in y« meeting. Mr. 
Fioete answered that it is longe agoe & he cannot fully saye it 
was, hut the issue and result of the meeting was drawne vp 
and the plantation acijuainted wUi it afterward and approved 
it. Mr. (Jafinch was told that for want of proofe he was cast 
in the last court and had warning to provide it against this 
court, A yett it is not done, therfore the court agreed & 
ordn^d as before, that Mr, Cefinch paye to the towne of Guil- 
ford the rates that appeare to be justly due to them, & that 
ho paye 20" for charges w<^h the plantiffe hath bine at in fol- 
lowing the suit. 


Henry Bishop was called, to know whether he had not dis- 
posed of some pt of the corne w^h was ingadged to Mr. Dav- 
enport by the court of magistrats, he said when he had 
threshed about 20 bushells of rye he came for sackes to bring 
it home but could not haue them, wherby he suffered much 
loss, for the farmers hoggs & henns got into y« barne & made 
great spoyle of it. But he was told if the farmers haue done 
him wrong they must answer it, but Mr. Davenport, thoughe 
he hath bine willing to provide what sackes he could, yett he 
is not tyed to find sackes, as appeared by the covenant w^h 
was read. 

Farther, Mr. Crane, one the behalfe of Mr. Davenport, 
informed the court that ther is 4* 14^ 8** due to Mr. Davenport 
from Hen : Bishop vpon acc®^ for corne, w^h Mr. Davenport 
requireth in corne according to his covenant, but Hen : Bish- 
ope refusoth. 

Henry Bishop saith that he had oflfored wampome and that 
was refused, after he was to paye in catle & Mr. Crane and 
Goodman Milles came to his house to prise a stecre for it, but 
they agreed not in y® price, then they questioned him aboute 
two calues if he was willing to part wUi them, he said he was, 
but Mr. Crane for Mr. Davenport was willing if he brought 
good wampome in three weekes it should be accepted, if not, 
y» he was to have the calues. Mr. Crane replyed it was not 
so ; it is true indeed that they went to prise a younge beast for 
this money but could not agree, and allso that he said if he 
brought good merchantable wampome in three weekes it should 
be accepted, but that if he fayled Mr. Davenport should take 
the calues he denyes ; but because Hen : Bishop was to drive 
awaye ccrtayne catle to Fairfeild to wintering, w<^h stood 
ingadged to Mr. Davenport, out of favour to Hen : Bishop he 
was willing the two calues should stand as ingadged to Mr. 
Davenport for securitic, but Henry Bishop failing in bringing 
the wampom to this day, & now the necessites of Mr. Daven- 
ports family requiring it, he demandeth it in corne, as justly 
he maye, the covenant bindeing the farmer to paye to Mr. 
Davenport what shall be due to him at the end of his time, 
out of the stocke of catle & out of the corne, & of 21* : 4 : 8**, 


484 Kmr hay» ooloht bmcmm. [1M8 

(twelue pounds of irh was fbr oome,) Mr. Davtnport hath 

taken 16^ 10« in oatle and requires the rest in eome, w^h he 

conceives is a great fayoor to the farmer. 

[280] Richard Milles saith that the two calnes was to stand 

ingadged for securitie, but was not prised to satisfye the 


Henry Bishop was asked if he had any witnes, he prodiioed 
his brotiier James Bishop, whoe saith that he aj^hended if 
his brother pd not the wampome in y« time appointed, that 
then the calues was to goe for satisfitction so fair as tiiegr 
would reach, but ho could not take oath of it. Hen. Bidiop 
was asked if he had any other proofe, he said no. The conriy 
because 8 of the deputies was 8on\e way interested in the case, 
and Mr. Gibbard was not cleare in some thing, respited it till 
they might have more help. 

Henry Bishop declareth that he hired a cannow of James 
Russell for his ocasions, & Jn<> Moss and Isacke Whitbead 
tooke it awaye & brought it not againe, but broke it, wherby 
ho was damnifyed. John Moss saith it is true they tooke the 
cannow away, but it was a mistake, for they had spake to 
Allen Ball for his cannow, and he told them that if Mr. Gil- 
bert liad done w^h it they might have it ; they inquired and Mr. 
Gilbert had done w^h it, so as they was goeing vp tlie river w^h 
the lighter, Isacke Whithead knowing wher Aliens cannow 
laye, went to fetcli it, and when he came to the place ther was 
two, and it being in the night, and darke, mistooke, &. did 
take the wronge cannow ; so when morning came they saw 
they had mistaken ; the wind blew pretty fresh, & the cannow 
w'h shering gott betwixt the banke and the lighter, &, the 
lighter fell foule on it and brake it ; so when they saw what 
was done they made inquirie whose it was, resoluing to paye 
for it, and hearing it was James Russells, spake w^h him and 
offered him satisfaction ; lie required that the cannow should 
be made as good as she was, and they did mend her, but after 
vnderstanding that lien : Bishop had hired the cannow, they 
spake w^h him and offered to paye for the cannow & allso for 
what damadge he had suffered, but he would not accept it, 
but said he would haue it in yc court, & yesterday, after he 


was Warned to y® court, Isacke & he tooke Thomas Meekes and 
went to Henry Bishop and offered him as much, but he 
demanded S*^ a weeke ever sine y*^ cannow was taken away, 
and that the cannow be pd for, and 10» for takeing it away as 
a breach of order. 

Thomas Meekes testifycth that he heard Jn® Moss and Isacke 
Whithead offer Henry Bishop to satisfye Mr. Russell for the 
cannow and give him S^ a weeke for his damadge, and for y® 
10» for breach of order, they see no ground for it. Thomas 
Meekes asked Henry Bishop why he would have it to the 
court, he said onely for the 10". Henry Bishop was told by 
the governer that ther is no ground that they should paye the 
10», for it was against their .^ills they tooke it, the law of God 
requires no more in higher cases, even in case of blood, if the 
will be not in it he shall not dye. The sentenc of the court 
is that the defendants make good the cannow & paye just dam- 
adge to Henry Bishop, but that Henry Bishop beare the 
charge of the court himselfe. 

Peeter Mallery and his wife was called before the court & 
was charged w'h the sinn of vncleanness or fornication, a sinn 
w°h they was told shutts out of the kingdome of heaven, wUi- 
out repentanc, and a sinn w<^h layes them open to shame and 
punishment in this court. It is that w^h the Holy Ghost 
brands w4i the name of folly, it is that wherin men show 
tReir brutishness, therfore as a whip is for the horse and asse, 
so a rod is for y^ fooles backe. They confessed ther sinn, 
and desired the court to show them mercy in respect of ther 
bodies, she being weakely, & for ought is knowne, w^h child, 
and he subject to distraction, haueing sometime bine distem- 
pered that way. W<^h things the court considering, thought it 
most meote to punish by fine and not by corporall punishment, 
and therfore ordred that they paye 6* as a fine to the towne, 
and that they be imprisoned during the courts pleasure, & 
that they be brought forth to the place of correction that they 
maye lie ashamed and that it maye appeare the corporall pun- 
ishment is remitted in respect of mercy to ther bodies, but 
w'h the same hatred of the sinn as if the correction was laide 

436 KKW HATER OOLOHT M OM I8, [1648 

Mr. Crane haueing had an attachment Tpcm y* eorne A 
catlc of Francis Hall to the valleir of 24^, declared in ooait 
that 181 of it was due vpon acc<*' hj arbitration, and 40* was 
due to Jn^ Whithead his serrant, w^h was ordred bj tlm 
court for Fran : Hall to paye, w^h is 20^ the other is for secn- 
ritic till Francis Hall have done sundry repaires vpon the 
farmc, alioutc houses and fences, A cut and made some baye 
w'^h he hath ingadged himselfe to doe next haye time, fbep- 
fprc desired that some might be appointed by the oonrC to 
prise the catle for his satisfaction. Francis Ebdl desired it might 
be forborne till he had threshed out his come, and what he 
makes not paye of then to his satisfaction, in come or poike, 
or other good paye, he is content it should goe this waye. It 
was propounded to Mr. Crane A Francis Hall if they were 
both willing that the catle should be prised to the vallew of 
20', and if in a monthes time Francis Hall doe paye in come 
or wampom or porke w^h is currant A merchantable, such as 
maye be pd to other men, then the catle to be released, Fran- 
cis Hall payeing for the keepeing of them if he redeeme them, 
and for the rest of the attachment, that it stand till other 
things 1)6 cleared. And they both declared themselues wil- 
ling, and the court api^yntcd Richard Milles & Francis New- 
man to prise the catlo <fe that to y^ vallew of 21*, for 20« w<^h 
Francis Hall was fined to the towne was by both ther consents 
added, & Mr. Crane is to paye it to y^ towne againe. 

John Livcrmore, Hen: Gibbons, & M''» Rotherford, Addam 
Nickholes, the Yorkcshcirc quarter <fe divers w^'h rent ground 
in Mr. Evanc his lott, were fined for neglect of ther fences, but 
it was remitted l)y the general! court afterwards. 

Mr. Crane and Francis Newman were desired to call some 
workemen to them, and they togctlier to view Robert Parsons 
house what repaires it w^ants to make it tcnnantable, and what 
it is worth a yeere to Ictt, that William Peckc, if they can 
agree, maye hire it, the repaires being pd out of the rent. 

Mr. Evanc l)eing called to answer concerning Thomas Fu- 
gills lott, whose fcnc is downe, answered that he had nothing 
to doe w*h it in that kind, for Mr. Cockerill gave Mr. Leach a 


letter of atturney to receive it into his hand, & he hath deliv- 
ered it vp, wrightings and all, to him. 

[231] II Mr. Pell was warned to this court & Mr. Powell 
appeared for him, and said that his vrgent ocasions feU'out so 
that he could not appeare himselfe, but he submitts to the 
court. He was told that this cariagc hath bine full of highe 
contempt, (on Mr. Pells pt,) gainst the court, w^h he must 
answer. For he hath neither brought in his fine nor appeared, 
thoughe he hath bine warned to doe it. 

Richard Mansfeild, John Tompson, Andrew Loe was com- 
plained of for ther fenc lying downe the most pt of the last 
sumer, & yett it is not vp, 20 post, Rich. Mansfeild, 12 post, 
Andrew Loe, 6 post, Jn® Tompson, as Jn" Cooppr informes. 
They answered that it was a midle fenc, & some of the quar- 
ter was in demurr for some time wheither to haue it main- 
tayned or taken awaye, vpon w^h consideration the court 
ordered that they payc but 12*^ a post for y« whole time past. 

John Meggs desired the court to forbeare his two fines of 
20* apece he hath bine fined by this court. The court told 
hime they would give him 6 monthes time if he could put in 

James Till allso being warned to show cause wliy he pd not 
his fine of 40* laid vpon him for sundry miscarriadges, specially 
for contempt of the court, desired the court to forbeare it six 
'monthes. He was told if lie put in securitie it should, elc the 
marshall must attach for it, but for securitie Jn<^ Tompson 
ingadgeth himselfe for 45' to see it pd in that time ; the five 
shillings is for another fine now laid vpon James for leaning 
open a length of rayles into a corne feild. 

An inventorie of the estate of Lawranc Watts* deceased was 

* " An Inventory of the goo<les of Lawrance Watts taken and apprised the Zl^ of 
January, 1644." 

Sum £8, 1, 11. 

A debt of Addam Nicklioles £0, 4, a debt© of Srjant Bccklyes £0, 2. 

Debtes pd for him out of this estate. To Thom Gregson £0, 11, 6. To John Dil- 
lingham £1, 12, 6. To Goodman Hitchcocke £0, 4. To Luke Atkinson, £0, 18, 7. 
To Goddman Budd £0, 10. To Allen Bail £0, 2, 6, 

Goodman Tharp had of theise goods £0, 6, 6. Goodman Kimberly, Browne & 
Tharp had of theise goods £2, 6, 1. The rest which £1, 11, 8,— 28*^ was lost in 
the goods; the rest which is 29* 4<*, I am to paye. Thomas Gregson. 

488 WBW HAYn oonojxr sKmn. [1648 

p'sented in court, amounting to ^ Tuder the hand of 
Mr. Thomas Gregson. 

Edmund Tooly whoe layes some claime to y estate, p'soited 
Samuell Hodgkines for a witnes, whoe testifyes that he heard 
Lawrano Watts saye that if Edmund Tooly caried bimselfe 
well, he thought to leave what estate he had w^h him, if y^ 
Lord tooke him awaye before Edmund. 

Mr. Theophilus Eaton one behalfe of his brother Mr. Sam- 
uell Eaton, passeth ouer to Francis Newman the houses, home 
lote w^h all accomodations A fences belonging to it y^h was 
M. Samuell Eatons lott, given him by the towne at first. 

Mr. Evanc propounded to y« court that the fine of 40* laid 
vpon William Badgard for his disorder mi^t be remitted, for 
tiioughe he vndertooke to paye it, yett he is now runn awaye 
in his and the rest of the owners debts, but the court did 
nothing in it. 


Mr. Orane and Francis Newman informed the court that 
they had according to the courts desire called in William 
Andrewes to them, & that they together have considered of 
Robert Parsons house, and find that ther wants divers repaircs, 
but thinko that a yeers rent maye make it tennantable for a 
while ; they thinke the rent mayo be 60* a yeero. William 
Pecke whoe was to hire it said it was too deare, but yett was 
willing to take it & did, vpon condition that ho repaire it out 
of j^ rent, & kcepe acc«*S that if ho expend it not all, he maye 
then make it vp, but hath not libbertie to goe beyonde the 
rent, & if the court hears of none in y® compass of this yeere 
that layes claime to the estate, they will then consider of it 

William Andrewes was desired to joync wUi Thorn : Muu- 
son & Jervice Boykine to prise the house and lott of Robert 

Debts owing to Lawratico Watts. George Ward £1, 12, 6. Edmund Tooly £2, 
19, 2. Goodman Dootli, Mr. FugtU, Mr. Ling £0, 2, 6. Goodman Mansfield, Good- 
man Chapman £0, 2. 

** Mr. Evanoe had tho original] inventory and saith ho cannot finde it" 

1648] KBW HAV£t^ MLONt RBCOBDd* 4S9 

Mary Preston widdow deliyered into the conrt the will and 
inventorie of John Hunter deceased ;* the will made the IS^** 
of Maye, 1648, witnessed by his owne hand and seale, and 
Ezekiol Chever and Robert Pigg; the inventorie amonnting to 
16*: 04": 08<*, prised by Thomas Munson & Thom: Kimberly 
vpon oath for y« valew of y« goods, and by y« oath of Mary 
Preston y« executrix for y« quanteite.f 

Mr. Newmans quarters was fined 20" for not markeing 
tlieir fences in time, but after remitted by y® generall court. 

Mr. Ijeach desired of the court that an end and issue might 
be put to a cause depending in this court betwixt the estate 
of Robert Parsons and himselfe, w«h it seemes for want of full 
proofe could not then be issued. The proceedings of that 
former court were read, and Mr. Leach now delivered into y« 
court a bill vnder Robert Parsons hand, wherin it appeareth 
that Robert Parsons received of Mr. Leach goods to the vallew 
of 61* to carie to the Barbadoes & sell & to returne halfe the 
profitt & the principall to Mr. Leach, and to have the other 
halfe of the profitt himselfe, and what he cannot sell, to 
returne to M. Leach againe. Mr. Leach said that he had 
received so much of the goods backe againe as came to 26* : 
10», and 752* of cotton woole at 10<* p *, w^h comes to 31* : 
06^ : 08<*, out of w^h he pd 5* for fraight of the cotton woole 
from Barbadoes heither. And he conceives that by his bill 
he is to have his principall made good heare, w^hout payeing 
fraight. Mr. Leach was told that ther is 8* worth of this 
goods, as a handkercher, cuffe & brest pec, w^h Robert Par- 
sons was to sell as he saw meete, & is not tyed to make the 
principall good, and possibly he sold not that for so much by 

* Last will of John Hunter, made May 16, 1648. 

He gives to Sarah, wife of William Meaker, twenty shillings ; to Peter Mallory, his 
best jacket ; all the rest of his estate to Mary Preston, widdow, late wife of William 
Preston, deceased, and makes her sole executrix. " Sealed and declared to be the last 
will and testament of John Hunter, in tlw presence of Ezekiel Cheever, Robert Pigg. 

Inventory taken by Thomas Munson and Thomas Kimberly; amount, £19, 11, 1. 
Estate Dr. to Mr. Peirse 10*, to Mathew Gunnill 8«, to Bichard Bcckly 8*, to Mr. Poll 
£1, charges in his sickness, coffin and burying £1, to Thom. Powell £0, 1, 4, to Adam 
Nickhols £0, 1, 8, to Richard Mnnsfeild £0, 1, 2, to Mr. Goodanhouse 3*. 

t In the margin. **Ezekiell Chever and Ro: Pig tooke oath y« 4ih Septem. 1649, 
that y« will now p'sented is y* last will and testament of Jn** Hunter." 

^ idlrMdie, an liirt S*: 4^. 

TbecxMtn cnMicnd Ae cmc, » it 
flM»B nr/v and befae, ic oHbsi dbat Hr. 
Bobert Paiwiif eiiate 5>, v«k he pd te 
tti4 aUwi the diatv» of Ae eom. and if he 
piv^e UmU PanoBs told Ae hiadfceKher^ chSb, A 
fiir more tfaeo 5*, it sfaoold be mde food ovt of Bo: 
eiUit«. Mr. Le>ch morod ior fsocrtioB,h«t Ae 
inUiDg to grant it » sodealy, bat told Urn j* 
not be diipoaed of to his kMk 

Tbomaa Fogill, aa appeares faj a noote Tiider Ua 
pnaietti oner to Francia Hall 7 ae^" k, a halfe of hady I^^ 
w^hoat nde of the Yorfceriieire quarter, next Ae Weal Bivcr, 
the meddow lieing on jr« on nde of it. 

Francia Hall passeth oner to Jn^ Meggs the aune 7 aeF* ^a 
balfc of land, be it more or less. 

Mn Crane haueing licfore the last court had an attadunent 
vpon y« come and catle of Francis Hall for a debt tiiA^^ irher- 
of 211 : ] . \\A appeared then cleare to jr« coort, for w«h catle 
waH \mmA, by men apf^ointed, and is now condemned in court, 
oiKjIy FraiiciH Hall excepts agaiust 6* in Jn« Knights acc<»», 
w li Mr. Oaiie )irojrii.seth to allow backe, and the rest of the 
atUuJifijeiit HtandH till other difierences be cleared betwixt 


|2iJ2j II Mr. (jrdodyerc declared to the court that that w<=h 
./u" llerriman wuh <|ue8tioned for last court, in drawing wine 
wMioiit order, wiih occtisioned by him, for when the ship car- 
peiiterH came from the Baye to worke vix)u the shipp, they 
re<|iiire<l wine to tlier diet, w<^h he was faine to pvide at his 
KHJiitcj charge. 'I'owards the latter end of ther being ther, 
William AiidroweH prcHt to leave the ordinary, and proposi- 
tioiiH wuH ma<le to Jn" Jlcrriman in the court to kecpe it, and 
tlinii William Aiidrewes being wUiout wine, some did come to 
.III" llnrrimauHife prest to haue some, pleading nccessitie, viK>n 
w'li li() Hpakn to tlM5 governer, telling him how people pressed 
for wine for ther necessitic, he said why doth he not lettthem 
have it, intending to have him take vpon him the ordinary & 


SO lett them haue it in an orderly waye, but he vnderstood it 
not so, but that was his error, for he told them what the gov- 
erner said, and after they did lett some folkes haue some, but 
for any disorder, he hopes none can saye ther was any. 

The gouerner said that it is a breach of order is cleare, and 
for his pt, he neuer intended any thing but that he should lett 
people haue wine orderly, but for any disorder he heard of 

The court considering that it is a breach of order & that for 
w<^h others haue bine fined, could not pass it by, but ordred 
that Mr. Goodyere paye to the towne as a fine fo this breach 
of order 40". 

William Basset was complained of for absenc at two gen- 
erall courts, he said for the one, he was keeping cowes, for the 
other, his wife was not well & he was faine to staye wUi her. 
For both the court past it w^hout a fine, but ordred him to 
paye a fine of 2» : 6*^ , laid by this court for not bringing his 
armes to meeting one Lords day. 

Mr. Leach declareth that he sold to Mr. Joshua Atwater in 
July last, goods to the vallew of 20*, to be paide in good wam- 
pome, w<^h Mr. Atwater hath not yett done, therforo desires 
the justice of this court. 

Mr. Atwater answered that it is true, he bought 20* worth of 
goods of Mr. Leach, and promised to paye him in good wam- 
pomc, and propounded 6 monethes time, but intended to paye 
in three, and when he went into the Baye in August, ho mett 
Mr. Leach as he was goeing aboard and told him that so soone 
as he returned frome the Baye he would paye himc, against w*^h 
he objected not but seemed to be satisfyed, and so soone as ho 
came home he applyed himselfe to it, but Mr. Leach was not 
at home, but in y« meane time Mr. Gilbert, Mr. Powell & Jn® 
Walker came to him for soverall goods, Mr. Powell 4 or 6* 
worth, Mr. Gilbert 12* worth, Jn^ Walker foure pounds worth, 
and they all said they were to receive good wampome of M. 
Leach, and they would sett it of w*h him when he came home, 
so they had the goods, & when Mr. Leach came home, he went 
to him & told him that there was so much as would paye him 
in such mens hands, w^h said he owed it them, so he might 


442 nv sATV oounr mmxmm. [1648 

teke it 90 and are a tdfing j^ wampmn, baft he lefiuBed and 
said he would pare his owne debts and he dioiild paye his, so 
he retained to them againe and told them hoir it was, aft w^h 
thej marveled and affcer demanded ther wampome of M. 
Leach, w<h was not all pd till w*hin this tenn dajes. And as 
they reeeived it in paprs readie told thejr brooght it to him A 
so he carried it to Mr. Leach p'sently, bat he refasaed to 
receive it. Now this he conceives is not just, that he should 
paye y* for good wamppome w^h he will not reoeiTe for good 
wamppome againe, when as the partyes told hime that they was 
to paye it him y« sd M. Atwater, & that he wonld bring it to 
him againe. And Mr. Gilbert, Mr. Powell A Jn^ Walker 
offered to take oath that y« wamppone they received of Mr. 
Leach they carried to Mr. Attwater, and Mr. Attwater offered 
to take oathe that the wampome he received of them he carried 
to Mr. Leach & he refossed it, but M. Leach desired it not, 
bat said he was satisfyed w^hout oath. 

Mr. Leach rcplyed, he gave not 6 monethes time nor three 
moncthes neither for payement, but his paye was due p'sently, 
yett did not stand vpon it for 5 or 6 weekes time, iherfore he 
conceives he should haue damadge for being w^hout his money 
so loiigc. 

The court told Mr. Leach that till Mr. Attwater returned 
from tlic JJaye he was willing to stJlVe, (he said he had ratlier 
liaue had it,) and if he demands damadge since, by the same 
reason they w'h he owed it too maye require damadge of him, 
& it is but 4 months time at most. Mr. Atwater said he had 
oflered Mr. Leach his paye & what just damadge he could 
re(juiro, & M*^'* Pell could testifye it. 

Koth ptyes liaveing spoken what they desired, the court 
proceeded to sentenc, & ordered y^ seeing Mr. Leach pd the 
wampi)ome for good, he should so receive it againe, and that 
Mr. Attwater paye Mr. Leach for damadge for 20^ for 4 
nionthes, after 10* in the 100*, w^h is 13» : 4^*, and the charges 
of the court, vnless he can prove that he offered just damadge 
before, & then Mr. Leach is to bearc it, because he had as 
much offered w^hout the court as he could in reason require. 

Jn*^ Meggs informed tlie court that Daniell Turner came to 
liimo for a |)aii*o of slioocs & had them, and promised him a 


bushell of corne w<^li Richard Webb owed him, he required a 
uoate vnder Richard Webbs hand, Daniell brought him one & 
told him the corne was at mill, so he sent for it and had it ; the 
day after Richard Webb came to him to know by what right 
he fetched his corne from the mill, he said by his owne order 
as appeared by his owne hand, he asked to see it & he showed 
it him, he said it was not his noate, he gave him a bill indeed 
for widdow Allen but this was a counterfit, so he required 
paye for his corne & had it, & left him to recover it of Daniell 
as he could. Further 3u9 Meggs saith that Daniell hath writt 
3 or 4 severall bills for this corne w^h was p'sented & showne 
in court. 

Daniell said he had a noate of Richard Webb to fetch a 
bushell of corne at mill, w^'h bushell of meale he gave to 
Goodwife Allen & the noate to fetch it, but she could not gctt 
any bodie to fetch it & gave him y« noate againe, & he lost it, 
& after thought to dispose of the corne to Jn® Meggs and writt 
another noate & gave him, and sent Goodwife Allen word she 
could not haue the corne, but was told that it was not in his 
power to dispose of, haueing given it awaye ; and it is true she 
gave hun y® noate againe, but it was to fetch the meale for her 
& to be pd for fetching it, and therfore after to dispose of it 
againe by a false & counterfit note seemed to be a cheating 
cousining way. 

Farther Jn<> Megs said that Daniell Turner charged Rich- 
ard Webb for wrighting a noate and then deneying his hand, 
and Goodwife Allen that she found the note & demanded the 
corne, which are both vntrue & vnjust charges. 
[233] II The court considered the case as it hath bine 
pi^sented to them, & thoughe they sec a stronge appearanc of a 
cheating couseniug carriage in Daniell Turner, yeti not being 
fully proved, past it by, but for wrighting false notes & vnjust 
charges vpon Richard Webb & Goodwife Allen, & much lying 
in this buisenes, & even now before the court, did order that 
hce paye as a fine to y® towne twenty shillings, and 8« to Jn" 
Megs for costs & charges, & 3» w<^h he p<^ Richard Webb for y® 
bushell of meale, and 3» to Richard Webb for two dayes time 
he hath spent now at the court, and that he put in securitie 
for it all before he goe out of y« marshalls hand. Accordingly 




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ll'ivkiii*:, «v ■• i«--.v iiii'l <;on-i«I».T ol'ili^- li'.»ii-*. \v}i:it lia'I ^\'< in l.o 
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:ni(\ laiMi if it may !»*•, may h*- <li>|»f)-»*d ol. 

Mr. ('raii«' A' .In" ^'ooppr went a! No <I»>iivrl to vIpw it C'>ii- 
i^li-r 'il .f<r<rmiah nirk>0M^ lott. aii<l 11' it iiinyo bo, Ictt it out 
\'ny j»ay*'iii'/ rJit«> A: vplir^hJiiiL'" r«'iic<'S. 


A Generall Court the 10*^ op March, 1648. 

The Gouerner acquainted the court that he hearcs ther is 
great remisnes & neglect in setting vp fences according to the 
order made in Nouember last, so that Jn^ Cooppr w<=h tliey 
appointed to view fences hath done it, but wUiout any success 
that is considerable, & so it will be vnless ther be some stricter 
order made, wherby the fines laid by the pticuler court maye 
be pd wHiout delaye, and that Jn® Cooppr maye be surely pd 
for his time of warning men of ther fences, & for his atteudanc 
at the court, for men make excuses & so uecesarily occasion 
his being ther. 

The court considered of what was propounded, as allso of 
what orders they formerly made, both concerning swine and 
fences, and see no cause at p'^sent to alter them, but to con- 
firme them wUi this addition, that when catle are found in 
come or elcwher, doeing damadge, the owner of the catle shall 
paye both poundage & damadge, and to looke out the fenc 
wher they might come in, & the first he finds, to laye it ther 
and looke no further, but he that oweth that first defective 
fenc to search out for more if ther be any, w^h is all to beare 
pt, equally alike. 

It was propounded wheither the court would not remitt the 
fines w<^h have bine laid vpon psons whose .fenc hath fallen 
downe this winter & so could not be sett vp againe because 
of the frost, and allso the fines for not markeing fences. The 
court considered it and ordred tliat what fines have bine laid 
vpon any man for his fenc beuig downe, if it hath fallen 
downe since the 20'^ of Nouember last, it should be remitted, 
as allso the fines for fence not being marked, provided that 
just damadge be pd to them that have suffered by it, and that 
Jno Cooppr be duely pd what is his riglit to have, and that 
from this day the order be strictly attended, both in markeing 
& mending fences. 

It is ordred that if any man be fined for breach of order & 
doe not paye the fine, (it being demanded,) before the next 
court after the fine is laid, or bring his money to the court 
and laye it downe, he must looke for no more warning, but 
that then execution p'sently goe forth to seaze pt of his estate 

4m mm mmrn mumt mmmm. flMi 

•ft or vaffniiig aboot fBBeeB.if itbeaol pi 
or befare die nest eont fDDoviaigy Aat 
wwi»e them to Oe eout, k to bsve -f fr «—— -i^ j-, 
to iDMy 2< to Jn* Coopiir 4c 2^ to UvRlfe, and Atf &e 
OKnsMe the wme to Jn* Coopim odnHtage as ttej did 
jodfe meete, mnd thouglie tfaer dioald pno die tniiHlMll 
wfaeabe goes to wame diem^yett lliey most pme die 4^ fiir 
wamiDg beeeiise thej dehyed so looge. 

It is ordred thmt for whiu blacke birds Jn* Brodcetor odien 
kill, he or thejr wfffAjmg tbemseliies tberto, dnll receive fifom 
tbe treasurer after jr« rate of 10* a thoosand. 

It is ordred that whosoever dian sell nailesiii this towne diall 
sell six score to jr« hundred. 

Tlie order made at tbe jurisdiction generall court fi»r 
markeing catle was reade. 

It is ordered that whatsoeoer dry cade, as oxen, steeres, cnt 
younger catle, shall be found w^hin die cowes walke, or 
amounge the heards, the owner of them shall paye 8' a head 
to him y^ pounds them, or comphunes to the owner of them, or 
bringeth them home. * 

[2iM] II William Andrcwcs, JiV^ Cooppr, Richard Beckly, 
Nuthanicil Merriman & Isackc Whithead desired that they 
might liaiio Komo Jaiid & meddowc to sett vp farmes one the 
(jiiMt Hid<}, next the sea, l>eyond the Cove River. Mr Crane 
mid tluj farmei*8 ther objected against it, wherv'pon the court 
upiHiinUid LeivUxnnant Secly, Henry Lendall & Francis New- 
man, iiH a comitte(5 to view and consider wheither it would 
pnyudico the farmes ther allreadio or no, & so to make re- 
|M)rt to the court, A if any of the farmers will goe to make 
ther (>i)j(H;tion8 they mayc. 

It wan ordred that the pec of meddowc on y« further side 
of y" niHik<^ bridge towards the sea, should be for the ordinary 
to put in strangers horses in the summer, Jn^ Herriman, whoo 
now keopOH the ordinary, fencing it at his owne charge, and 
that a poc of meddow lying by the blacke rocke, next Leiv- 
tonnant Soolys moddow, being supposed to be 6 or 7 ac'», 
hluKild bo f«)r the ordinary to provide haye for strangers horses 
in winter, and tliis to stand till the court see cause to alter it, 


& if any horses doe staye longe, as 4 or 5 dayes, or a weeke 
or more, he hath libbertie to put them in the necke, provided 
he put none in but strangers horses. 

The towne was desired to see that they be provided w*h 
ladders according to the order, and that they keepe ther chim- 
neyes cleane, for Jn^ Cooppr whoe hath bine vsed to sweepe 
them finds it inconvenient for him and layes it downe, onely 
he said that till another was provided, if any man desired him 
to come, he would take some time one w^hin the weeke to 
doe it if he was well. 

It is ordered that if any man goe awaye out of the towne, 
or sell awaye his best & convenient land, and take no course 
how the rates of the rest should be pd & the fences vpheld, 
the pticuler court have power to seize vpon the lott or stopp 
any such allination, till some order be taken for defrayeing 
all publique charges, vnless he that buyes the land will put in 
securitie for the same for time to come, provided that if any 
more shall be made of such lotts or lands Uien doth defraye 
publique charges, it doe returne to the owner of them. 

It is ordred that the planters against the banke side to sear 
ward shall hauo 4 rodd of ground the breadth of ther lotts back- 
ward into oystorshellfeild, because the sea & water washeth v/ 
downe y^ banke that ther is no good highe waye, & then accor- 
ding to an order allready in force, they must maintayne a good 
highe waye at the front of ther lotts next the sea. 

It is ordered that a place be left for shooting at a marke in 
oystershell feild, vpon that 7 ac" Mr. Gilbert had, w«^h maye 
be y« most fitt for that vse. 

The Gouemer acquainted the court that the comittee they 
appointed for oystershellfeild haue disposed of it for 7 yeeres 
more, for three shillings an ac% if they fenc it, then to haue 
the last yeares rent for fencing, but if they doe not, but by 
runing a fenc into y® sea as some speake of, they shall doe it at 
ther owne charge, & that then the last yeers rent be pd to the 
towne allso, & that such fenc as they make, they leave it stand- 
ing at yc end of ther time. 

Livtennant Seely was desired to take care that the watches 
might be made vp. 

It is ordred that all men that vse measures w^h strikes. 


shall gitt strikes well made, and j^ next time measures be 
viewed they shall bringe their strikes to be viewed and sealed 
also, & so from time to time, vnder the same penaltie that the 
measures are. 

Leivtennant Seely propounded that the court would con- 
sider of some other waye of rateing men then is setled by 
lands, for divers men w^h had good estates at first & land ans- 
werable, whoso estates are sunke and they not able to paye as 
they did, & divers psons whoe had land for their heads, whose 
estates are smalle, yctt paye great rates, & others whose estates 
are increased, haveing but litle land paye but a small matter 
to publique charges. Divers others in the court concurred 
w*h him, whervpon the court chose a comittee to consider of 
it and prepare it for another court. The comittee are the 
pticuler court, (calling in the elders for any helpe or light 
they want,) & one out of each quarter in the towne, viz**, Mr. 
Gilbert, Henry Lendall, Mr. Wakeman, William Davis, Mr. 
Attwatter, Jervic Boy kin, Mr. Ling, Mr. Tuttill, Mathew Gam- 
fcild, Francis Browne. 

Leivtennant Seely and Jn^ Brockett informed the court tliat 
thcr is of that mcddowo Mathew Camfeild desires, on y« 
other side the West River by y^ oyster bankc, about 4 ac* 
very hadd and boggy, & they thinkc the towne may grant it 
liim wUiout hurt to thcmsclucs, vpon w^h report the court 
granted it to liim. 

John Moss j>ropounded for G ac"^* of meddow at Oyster 
River. Richard Osborne & Geo : Smith propounded for some 
tlicr allsojbut it was rcffcred to tlic viewers w^h are appointed to 
view some their allready,viz^ Leivtennant Sccly tfe Jn^ Brockett. 

It was ordered that all men w^h allinate lands in this plan- 
tation, shall come to the secretary before the court, & l>ring a 
note vnder the liand of buyer and seller of the (luantity of tlic 
land, wOi the bounds of it, that the sccretarie maye search 
tlie booke to see wheither sucli lands be in tlie sellers j)ower 
to dispose of. 

It is ordered that the gouerncr haue three men beside Jn^ 
Tliomas to goe w*h him to Stamford, & tlicy to be pd by y 
jurisdiction treasurer, his journey being vpon y® jurisdiction 


A Court held at Newhauen the 3'^ op Aprill 1649. 

Mr. Goodyeare propounded to the court to knowe what secu- 
ritie tliey did require of him for y« portions of his wives chill- 
dren, for he was willing that the securitie should be out of the 
estate ; the court declared themselues that they was willing to 
accept of y« fixed estate for securitie so farr as ther part gocth, 
the house & fences being kept in due repaire, and so much of y® 
moveable estate as to make it sufficient securitie, w<^h moveable 
estate should be determined of, that if any of it comes to be 
disposed of, other estate as good maye bee put in ye roome, 
and that wheras ther was 50^ in the shipp Fellowship put into 
ye inventorie & vallewed at 50* w«h now comes to be worth 
but 16*, the chilldren must beare ther pai t of the loss in pro- 

[235] II William Andrewes junio' was called to answer to a 
miscarriage of his by drunkenness w^h had bine formerly 
heard by y® court in a private waye. What the court did 
then was read & testimoney called for of William Andrewes 
his good behaviour & sober cariage sine, and Eobert Martin, 
master of the Susan, a vessell wherin William Andrewes hath 
gone some voyages sine, testifyeth that he can vpon his oath 
saye that for ought he hath scene sine or heard by others, Wil- 
liam Andrewes cariage hath bine well & according to the rules 
of sobrietie, and Mr. Evanc saith that Mr. Higginson, whoe 
went masters mate of that vessell, told him that William 
Andrewes hath carried it well in y® voyage ; the court declared 
themselues by way of sentenc, that, vpon the testimoney given, 
they remitt the corpporall punishment he then deserved, and 
wheras 5* was deposited as a fine laid vpon him for which Mr. 
Evanc was suertie, they take of tliat allso, and onely ordered 
that William Andrewes paye as a fine to the towne for that, 
his miscariage, 20«. 

John Vincon, Joseph AUsop & Andrew Low was complained 
of for ther fenc being downe, they said it was burned downe, 
& they could not gett help to sett it vp againe, they were told 
that it is 10 dayes sine it was burned, & they haue had warn- 
ing of it by the viewer, & they haue not done what they might 


1. I 

rrv" Tr^T»^ ::r.:irr 3arr«w. fl**: 

A .• V .v.. ' : .r.'r' :.:.r: !i"' i :•>- f.r li itn?: ils.: Laih 

,>. •■ ... . ... . ..-■; _■- — . ».-i. .-V "^^ * •^*_«iiK lo p^n 

v^- :. •..': .;.;.. v. : :..-■:.': ::i-': ;.:::. A Yr^zi^^j^ Wh-evl^r «-a5 wil- 
i.:.;/ V, ;i.v':;.*. .*. 'J:. .;:.i.? Wh-y/.^rr ^1 h-: Tas willing to take 
if.. ♦r.J:'. i- v.Ji'. *' 5i ASr K^!v.;r. Aryir-rT Lott at the first, & thai 
*; ;:/;•• ),': fef'';; l*?:/i of I'f..i!i^ ly^rkv-. w-h 2 ac'* of meddow^ 
U Ji/:" '/f '.i/iixsA '»u V" 'jlli'rr rid the East River out of the 
#:l'i'/ : I'/fi, A: )j'; vnrj';rt/y;k^' to luoud ^1^ the fenc, pave rates & 
Vt Stt-Mi*: Ui': <\:iui'At\M*i: w'h lye* vjxiii it in regard of its being 
hiiriit. :ind not *:ott vji. 

.\it'.t'\Ai AlK.op inforiii'jd the court that he desired to leave 
Lli<: :l<;'" of l:uid lli<; towji'; ^aue liiui and Christopher Todd 
wu) williiip; lo liavc; it, us lie said hiniselfe iny<^ court, aud the 
coiirl, WJLs willing lio should, onely reserved libbertic to 
iir(|ii!iiiilf: Mh: (;oiiiitt<;(; w^li it, whoe as they conceived would 

y\",\\\\. V" tliiii;'^. 

Mr. lifMili ilr,inMl tluil. tin; suit (hipcnidini^ betwixt Phillip 
(l!il|)iii A liiiiisriri'r«)ii(M'niiii«.^ Njitlumiull Drapprs wages, mi^ht 
III" I iHil, \\ln'i\p(ni rhillip (ijillpiii p^^^'^t(Ml in court the tos- 
liiiimns \A' llrniy KolluMlind A' Micliaell Taintor vpon oath, 
If. ImII, 

Ib'iiiN Unllirrlord Irslilyrlh vpou oatli, tiiktMi before the 
iMMioriuM- \\\ Ni'\vlia\rn tin* 7"' otMiunuirv, UJ4S, that he beinir 
ill lioiMhMfr 'rill>t»UN ln>u>o iu Noriroiiia, last voaiv, aud speak- 
\\\\\ to liiM" ulH>nl»' Nailiauioll Prappr, a>kod \wv how louir he 
Ii\«mI jilliT \w \\\\^ K'\\\\\\\ \\>\\o\'\\ Aw said ho dyod iho uoxi day 
\\\ iiu'hl, hi't'iMi' dav ho NNa^doad. llo askod what ho spaki.* 
**i»u\'\'ruiiu\ lu^ uioano>, >ho >aid thai \w i:avo hor his l»oav».»r 
that ho had, %V for his N\aL:o< ho uaNo that to Mr. Sollioko, \\\i 
\\ dul appo.iio h\ hor \\v»;vi> w W \\\k\ iliis .::;'i;::d, M". S..1- 
hoko oouu'j'.u; lo \:^n;; \:\\\\ w\sX \\'\\\ ::..;: i.v ^\. •.:'. : <:•..•..<■. :■• 
\\ Nuij^ioM lo xx".i'.o iv* . I \\\ v' : ^ :.■'.::. v.: >iv. >.....<: >..: i .■ 
\;Uh. Nx'W h.i\o uMvio \v» >\-*l .^'i^'.^i ■; A -;i^ .:: iv* ^^y . :." y "^ 


(as Goodwife Tillson said,) that he would give him his wages 
to secure him & the last will must stand. Further he asked her 
if ther was any will writt, she said none in p'^senc of Nathan- 
iell while he lived. 

Henry Rotherford. 

Michaell Tayntor testifyeth vpon oath, taken before y« gou- 
erner at Newhaven, the 9'^ of January 1648, that he being at 
Vergenia when NathanioU Drapr dyed, went to Goodwife 
Tillsons house, & falling into speech w^h her concerning Na- 
thaniell Drapr, she said that he brought some beavor ashore 
w*li liim & some deares skines, w<^h beavor and deare skines 
he gave to her, the said Goodwife Tillson, when he dyed, w<^h 
was y* next night but one after he came ashore, & that he, y« 
said Michaell, saw the beavor which was a pretty bigg bundell. 
Further this deponent saith that Goodwife Tillson said that 
Nathaniell Drappr had made no will in wrighting sine he 
came ashore, but that he expressed himselfe by word of mouth 
& she was a witnes to it, that what Nathaniell had he gave it 
to Mr. Sellicke, but remembers not that he heard her saye 
anythinge of Nathaniells giveing his wages to Mr. Sellicke. 

Michaell Taintor. 

Mr. Leach allso presented in court the copie of an afidavit 
of goodwife Tillsons, taken in Vergenia, wherin she testifyeth 
that Nathaniell Drapr gave to Mr. Sellicke his wages, by vertue 
wherof Mr. Leach said Mr. Sellicke claimes the wages of him ; 
this last will by word of moueth being made a day after that 
written will wherin he gives the wages to Phillip Gallpin. 

Phillip Galpin pleaded that Goodwife Tillson is not a com- 
petent witnes, she being a party & possesing pt of Nathaniel 
Draprs estate, as appeares by ye testimoney of Mr. Rotherford 
& Michaell Taintor, but the will wherin it is given to Phillip 
Galpin is written & witnessed by one not interested, viz^, Ar- 
thur Branch. 

[236] II The Gouerner informed the court and told Mr. Leach 
that the case is perplexed, for heare is but one witnes of either 
side, & if any of Nathaniell kindered should come to claime 
the estate, it might cause a new trouble, & be questionable 
wh either any of them should inioye it or no, but takeing the 
case as it is, wheither a will by word of moueth, witnessed but by 
one witnes w*^h is a ptye, haueing a considerable part of the 
deceaseds estate, as appeares, (thoughe she mentioneth it not 

4fiS warn anBi oouanr hhhml pMI 

in her owne teslimoiief ,) dnil 
witneaeed fajr one Tpoo onth v4i is nol 

The ooort dechuvd tfaennelnes tint as Hie 
ecmoeiTO UnU FhOlqi Gslpin hadi the best ri^ to On 
4^ therfore order Mr. LesMch to peje it to him, favt 
tion that Phillip giTe in seenritie to Mr. LenA to 
harmless against all fhtnre chnmes. 

Mr. Leach desired that he mi^t he paide Oat W4 Oe 
ordered him to fasTe oat of Robert Parsons estate. Ifr.Attwft^ 
ter, to whome y* estate was eondtted, was ordered to make ^ 
that aoc*^, that Mr. Leadi miji^t be paide at or befiove j« wboA 

John Coopr informed tiie court thai Ifaer is sundry eafle 
haue bine pounded, w«h is to be pud hj dtvers men vfaoe 
owned the fence was then downe, a p^sented 8 notes, wlierin 
it appeared that ther was 12 oowes k 5 horses to be paid bj 
Mr. Leach, Mr. Malbon 4^ Thom: Kimberlj h the quarter 
gate ; A 29 cowes vpon Thom : Munson, Mr. Oilbert it Jere- 
miah How ; A 25 cowes vpon Mr. Malbon, Mr. Leach A j* 
qrt' gate. The court ordred that the poundage be pd bj these 
men, it being equally devided, according to the generall courts 
order, & what damadge is done they whoe haue received it 
may require it Ixjside. 

Richard Piatt declareth that he sold a pcell of land to 
Ralpli Dayton, pt of his first devission, & all his second, & 4 
ac^' of mcddow, & would haue passed it ouer to him in y« 
court, but he would not haue it passed ouer to him, because it 
would, (he said,) ha some prejudice to him, but said he would 
take order w^h the treasurer to see y« rates should be paide. 
Ralph Dayton saith that he acknowledges he bought the land 
A they differ not aboute the paye, but he would haue y« land 
laid out & passed ouer to him, butted & bounded wher it lyes. 
The plant' said he told him it was not laid out, but he must 
take it wher it falles, but for the first devission, he ptly knew 
wher it was, on y« other side of y® West River. For y« med- 
dow, it was pt in Mr. Mall)ons meddow and pt in SoUatarie 
Cove, and the second devident he thought might fall aboute y« 
shoppards penn, & produced Mr. Wakeman for a witnes, whoe 

1649] NEW HAVEN CX)LONY BE00BD8. 468 

saith that he cannot speake to y« bai^ne, but Ooodman 
Dayton spake to him asking him whor it was, showing therby 
that Goodman Piatt did not determine the place, but men- 
tioned the sheppards penn, as if Goodman Piatt informed him 
that it might fall ther. 

The court told Goodman Dayton that it appeares by this 
testimoney that he bought Goodman Platts interest in this 
land, hopeing the 2<* devident would fall aboute y« shepards 
penn, for if he bought land w^h he knew was not laid out, 
how could he looke to haue it butted & bounded. He was 
asked if he had any witnes to cleare his case any more. Hee 
said no, whervpon the court ordered that Ralph Dayton take 
y« land sold him by Richard Piatt & haue it entred in the 
court & paye rates for it to the towne. 

Mr. Leach was fined 12^ for absenc at a generall court. 

Henry Pocke, Robert Basset & Thomas Barnes was fined 
each of them 6», because they are not provided w^h each man 
a ladder fop his house, to stand by his chimny, thoughe they 
haue had warning oft times in y« generall court, & pticulerly 
by ye marshall. 

Mr. Malbon, Mr. Pery, Ed. Wigglesworth was allso w*hout 
ladders & must answer it. 

Edward Campe & Henry Bishop was allso complained of 
for want of ladders, but the court saw cause to pase it by, be- 
cause Ed. Campe said he had one, but it was not in sight when 
ye marshall was ther, & Hen. Bishop hath lived at farme, & 
hath hired a house for a litle while, & is now goeing forthe of 
the towne. 

Mr, Goodanhousen was called to put in securitie for the 
portiones of his wives chilldren, but vpon his desire the court 
gave him libbertie to consider of it till next court. 

At a Court helde at Newhauen the first op Mate 1649. 

Mr. Evanc informed the court that their is some lands he hath 
formerly passed ouer in this court to divers men whoe paye 
rates for them, yet he is not discharged of it in the treasurers 

464 wim bmbi ooumtt wmoBtmat [IMt 

booke. It was said some of Ifae «i"- - \- wnm 

whervpon search waa made and it was omly in 16j^ 

to Antiiony Tompwm, w«h waa aold to fooie mat A sd dMioU 

have bine entred, w«h Mr. Ennc waa deairad to doue befim 

the rates for that can bee altered, for y real thej axe deaxe A 

must be charged accordin^y. 

Mr. Evanc passeth oner to Mr. Goodyeare 110 aers of i^ iH, 
w«h is all the second deyission w«h belonged to Mr. Trobrii^ 
his lott, lying on y* west side. 

Mr. Newmans and Mr. Chefinches qnartera waa fined fi* 
for letting the gate of their quarter lye downe and not keep* 
i|ig it Tp according to order. 

[287] II John CSooppr informed the coort that he was <Mdf«ed 
by them the last court to receive of Mr. MaUxMia quarter 5* for 
poundage of catle w«h came in at the quarter gate ; and tmi? 
theris 6* 4^ more for poimdage of catle w^h cam in tfaeralko^ 
but he cannot get it, nor knowes he of wlunne to require it^ 
whervpon Mr. Gilbert and Mr. Crane were flnmaad to take 
some order to get the quarter to meete and setle some ooune 
howe damadges may be paid when they come that waye, A 
how Jn** Gooppr may be pd this 10* 4<> due at p^sent, for the 
court is vnwilling to take distresses, w^\\ they must doe if 
they cannot prevent disorder other wayes. 

Mr. John Cefinch and Samuell Cefinch were complained of 
for their fene being defective. It was answered Mr. Cefinch is 
not well, therfore not in court, but Samuell said hee had bine 
carefuU to keepe his vp and had taken order to haue haue his 
made sufficient, but because Mr. Jn<> Cefinch is not heare, the 
court respited it till next court, & wished Samuell Cefinch to 
tell his brother. 

John Cooppr was advised to view all the fences well, and 
wher he sees them failing & not likely to keepe catle out of 
the corne, that he warne the owner of them, & if they be not 
mended sufficiently betwixt this and the next court, that they 
then be warned to answer it. 

James Till was called to answer for a contempt against the 
court, for being warned to appcare the last court, as himselfe 
confcseth & owneth, he said he knew no busines he had their 

1649] NBW HAVEN COLONY BiXX)ft0B. 455 

& would not come, but now confeseth it was his ignoranc 
and foolishnes, but was told it was his stubborne disorderly 
spirit, w^h he must be punished for. 

Hec was further charged w^h suspition of doeing some 
worke aboute mending his fcnc vpon the Saboth day, w<^h 
appeared probable vpon this ground, first by his telling lyes,^ 
saying to Thomas Wheeler senio*^ he had sett some of it vp 
vpon the last day at night, w<^h was not true, as he now con- 
feseth, and then saying he was at it vpon the second day 
morning by that time it was day light, and yett it was proved 
to his face and he could not deney it, that he was in the 
towne and not gone to his fenc when the simn was halfe an 
houre highe, and Thomas Wheeler affirmes he came to him & 
said the worke was done on y© second day morning by that 
time the sunn was two houres high at most, and he conceives 
that the worke done would tako vp a man halfe a day, and 
3vi9 Gooppr said three houres at least, so that it is probable, 
but not cleare, thatpt of it was done vpon the Saboth, but the 
court, leaving that, for his lying and contempt of the court, 
sentenced James Till to bee severly whipped. 

Thomas Jeflfery informed the court that ther was some 
goodes taken vp by John Griflfen of Mr. Pell, for y® vse of the 
boate wherin Jn<> Griflfen and himselfe were ptners, comeing to 
54% and he pd his pt w*^h was 16«, to Jn<> Griflfen, as his wife 
can testifye, and Jn^ GrifFen should have discharged it to Mr. 
Pell but hath not, and now Mr. Pell requires it of him. Mr. 
Pell said ther was so much due, but he hath received of Jn^ 
Griflfen, by fraight of goods, 1^ 11" 10^, and the rest he 
requires of Thomas Jeflfery as the survivinge man. It was 
asked Thomas Jeflfery if ther was any thing in wrighting to 
make this appeare, he said he knew not, but ther was many 
paprs & bookes w*^h maye be looked vpon, and the treasurer 
and secretarie were desired to search those bookes & paprs, to 
sec what they can find out aboute his estate, and about this 
matter in pticular, & then the court will order how Mr. Pell 
shall be paide. 

Mr. Pell informed the court that ther was some things in 
Robert Parsons house which he was to take awaye, and to 




^Thoumm Ponfl vine 

at me eoort it was nid he vac v<hoiit, jett ka 

a|ipeanuie beiaie the court, and so from tine to 

waned but liaih not a|i|ieaied, ke was adcsd if ks had 

brooch his fines, he nid BO. The court raqpurad that' hee 

now gireliisaDSwerto these miseaiisges and conlenqitB. Hee 

desired tliat seeine the court of magistrats was so neare he 

might have iibljertie to give his answer then, w«h the court 

granted, and wished him to take this as a sufl^ient warning 

then ic ther to make his appearanc, w'^hout &vle. 

John Bisliop & Sam Hodgkines were complained of for 
sleeping in ther watch, but their occaisions being such as at 
pi^sent they cannot be heare now, it was respited till the next 

[238] A Generall Coubt the 14'*> of Mate 1649. 

Hamuell Geffinch and Joseph Pecke were admitted members 
of this court, and received the freemans charge. 

Mr. Grano and Francis Newman were chossen deputies for 
y next jurisdiction generall court. 

Mr. Gibbard, Mr. Grane, Richard Miles and Francis New- 
man were chosen deputies for j^ towne court of Newhaven 
for y« yoaro ensuing. 


Mr. Gibbard was chosen treasurer for y« towne of Newha- 
ven for y® yeare ensuing. 

Francis Newman was chossen secrctarie ) for y« yeere 

Thomas Kimberly was chosen marshall ) ensuing. 

The millitary officers, w*h Mr. Gibbard & Mr. Atwater, 
were desired & appoynted by y« court to trcate w'h ye drumer 
about his druming and maintayning y® towne drumes, view- 
ing them in what case they are, and reporte to the court how 
they finde things. 

Leivtennant Seely made a motion to y® court that they 
would be pleased to accept off y« service he had done in y« 
towne in y® place of a leivtennant for the time past, and that 
they would be pleased to chuse some other to supply the place 
for the time to come, for he findes it not comfortable for his 
family, nor pleaseing to his owne spirit to hold it as the case 
standes. Hee doth not desire to put the towne vpon charge 
in point of any sollary, yett leaves it to themselues to doe as 
they shall see cause, proffessing it is an affliction to him to 
w^hdrawe from this societie, but their is a waye open for him, 
and he desires to attend providenc in it, if he cannot see a 
waye of comfortable subsistanc here. After much debate, it 
was agreed that it should be respited till the jurisdiction gener- 
all court and bee propounded to them to see if they will doe any 
thing in it, that he maye not goe out off the jurisdiction. 

It was ordred that Mr. Theophilus Eaton, gouerner, be for 
y^ time to come freed from payeing his yearly rates to y® 

It was ordred that Mr. Robert Newman, ruling elder, be for 
the time to come, freed from payeing his yearly rates to the 

The pticular court were chosen as a comittee to issue the 
matter concerning seamen & ship carpenters, wheither they 
should watch & trayne or noe. 

The comittee formerly chosen to consider aboute makeing 
of wharfes, & a bridge ouer y« moueth of y« creeke against 
Phillip Leekes, were desired to issue it. Allso it was reffered 
to them to order some course to be taken for clearing the flats 
of some loggs & pyles & stons, w<^h the court was informed 


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